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THE NORTHERN INDIA CANAL AND DRAINAGE ACT, 1873

Title : THE NORTHERN INDIA CANAL AND DRAINAGE ACT, 1873

Year : 1873



Whoever, without proper authority and voluntarily, does any of the acts following, that is to say:-
 
(1) Damages, alters, enlarges or obstructs any canal or drainage-work ;

(2) Interferes with, increases or diminishes the supply of water in, or the flow of water from, through, over or under any canal or drainage-work ;

(3) Interferes with or alters the flow of water in any river or stream, so as to endanger, damage or render less useful any canal or drainage-work ;

(4) Being responsible for the maintenance of a water-course, or using a water-course, neglects to take proper precaution for the prevention of waste of the water thereof, or interferes with the authorised distribution of the water therefrom, or uses such water in an unauthorised manner;

(5) Corrupts or fouls the water of any canal so as to render it less fit for the purposes for which it is ordinarily used

(6) Causes any vessel to enter or navigate any canal contrary to the rules for the time being prescribed by the State Government for entering or navigating such canal;

(7) While navigating on any canal, neglects to take precautions for the safety of the canal and of vessels thereon;

(8) Being liable to furnish labourers under Part VIII of this Act, fails without reasonable cause, to supply or to assist in supply, and to continue to supply, his labour.

(9) Being a labourer liable to supply his labour under Part VIII of this Act, neglects, without reasonable cause, so to supply, and to continue to supply, his labour;

(10) Destroys or moves any level-mark or water-gauge fixed the authority of a public servant;

(11) Passes, or causes animals or vehicles to pass, on or across any of the works, banks or channels of a canal or drainage-work contrary to rules made under this Act, a he has been desired to desist therefrom;

(12) Violates any rule made under this Act, for breach whereof a penalty may be incurred;shall be liable, on conviction before a Magistrate of such class as the State Government directs in this behalf, to a fine not exceeding fifty rupees, or to imprisonment not exceeding one month, or to both.(Penalty.)



Nothing herein contained shall prevent any person from being prosecuted under any other law for any offence punishable under this Act:

Provided that no person shall be punished twice for the same offence.



Whenever any person is fined for an offence under this Act, the Magistrate may direct that the whole or any part of such fine may be paid by way of compensation to the person injured by such offence.



Any person in charge of or employed upon any canal or drainage-work may remove from the lands or buildings belonging thereto, or may take into custody without a warrant and take forthwith before a Magistrate or to the nearest police-station, to be dealt with according to law, any person who, within his view, commits any of the following offences:-

(1) Willfully damages or obstructs any canal or drainage-work :

(2) Without proper authority interferes with the supply or flow of water in or from any canal or drainage-work,or in any river or stream, so as to endanger, damage or render less useful anycanal or drainage-work.



In this Part the word " canal" shall (unless there be something repugnant in the subject or context) be deemed to include also all lands occupied by the State Government for the purposes of canals, and all buildings, machinery, fences, gates and other erections trees, crops, plantations or other produce occupied by or belonging to the State Government upon such lands.
Last updated on August, 2016

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