Northern India Canal and Drainageact, 1873 |The LexSphere Library

SECTION 1

The Northern India Canal and Drainageact, 1873

•The Northern India Canal and Drainageact, 1873 Act No. 8 of 1873 [11th February, 1873.] An Act to regulate irrigation, navigation and drainage in Northern India. Preamble.- WHEREAS, throughout the territories to which this Act extends, the State Government is entitled to use and control for public purposes the water of all rivers and streams flowing in natural channels, and of all lakes and other natural collections of still water; and whereas it is expedient to amend the law relating to irrigation, navigation and drainage in the said territo ries. It is hereby enacted as follows:-

SECTION 2

Short title

1.Short title.- This Act may be called the Northern India Canal and Drainage Act, 1873. Local extent.- It extends to 1[Uttar Pradesh and the 2[territories which, immediately before the 1st November, 1956, were comprised in the States of Punjab and Delhi]] and applies to all lands whether permanently settled, temporarily settled, or free from revenue. 3* * * * *

SECTION 3

[Repealed.]

2.[Repeal of Acts.] Rep. by the Repealing Act, 1873 (12 of 1873), s. 1 and Schedule.

SECTION 4

Interpretation clause

3.Interpretation-clause.- In this Act, unless there be something repugnant in the subject or context:- (1) "Canal".- "canal" includes- (a) all canals, channels and reservoirs constructed, maintained or controlled by the State Government for the supply or storage of water; (b) all works, embankments, structures, supply and escape channels connected with such canals, channels or reservoirs; (c) all water-courses as defined in the second clause of this section; (d) any part of a river, stream, lake or natural collection of water or natural drainage-channel, to which the State Government has applied the provisions of Part II of this Act; (2) "Water course".- "water course" means any channel which is supplied with water from a canal, but which is not maintained at the cost of the State Government, and allsubsidiary works belonging to any such channel; (3) "Drainage-work".- "drainage-work" includes escape-channels from a canal, dams, weirs, embankments, sluices, groins and other works for the protection of lands from flood orfrom erosion, formed or maintained by the State Government under the provisions of Part VII of this Act, but does not include works for the removal of sewage from towns; 4(4) "Vessel".- "vessel" includes boats, rafts, timber and other floating bodies; 1. Subs. by the A.O.1948, for the original words as amended by the A.O.1937. The Act originally extended to the territories which are now the U.P., the Punjab,and the C. P. It has been rep. in the C.P. by the C.P. Irrigation Act, 1931 (C.P. 3 of 1931). It has been declared not to apply to any canal which is includedfor the time being under Sch. I or Sch. II to the Punjab Minor Canals Act, 1905 (Pun. 3 of 1905), see s. 2 (3) of that Act. The Act has been amended and in Punjab by Pun. Acts 19 of 1953, 22 of 1960 and 18 of 1974'' in U.P. by U.P. Acts 30 of 1956 and 16 of 1974; and in Haryana by Haryana Acts 4 of 1971 and 29 of 1974. 2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for "States of Punjab and Delhi". 3. The commencement paragraph rep. by Act 16 of 1874, s. 1 and Schedule. 4. Cf. definition in the General Clauses Act, 1897 (10 of 1897), s. 3. (5) "Commissioner".- "Commissioner" means a Commissioner of a division, and includes any officer appointed under this Act to exercise all or any of the powers of a Commissioner; 1 (6) "Collector".- "Collector" means the head revenue-officer of a district, and includes a Deputy Commissioner or other officer appointed under this Act to exercise all or any of the powers of a Collector; (7) "Canal-officer".- "Canal-officer" means an officer appointed under this Act to exercise control or jurisdiction over a canal or any part thereof; "Superintending Canal-officer".- "Superintending Canal-officer" means an officer exercising general control over a canal or portion of a canal; "Divisional Canal-officer".- "Divisional Canal-officer" means an officer exercising control over a division of a canal; "Sub-divisional Canal-officer".- "Sub-Divisional Canal-officer" means an officer exercising control over a sub-division of a canal; (8) " District".- "District" means a district as fixed for revenue purposes.

SECTION 5

Power to appoint officers

4.Power to appoint officer.- The State Government may from time to time declare, by notification in the Official Gazette, the officers by whom, and the local limits within which, or any of the powers or duties hereinafter conferred or imposed shall be exercised or performed. All officers mentioned in section 3, clause (7), shall be respectively subject to the orders of such officers as the State Government from time to time directs.

SECTION 6

Notification to issue when water-supply is to be applied for public purposes

5.Notification to issue when water-supply is to be applied for public purposes.- Whenever it appears expedient to the State Government that the water of any river or stream flowing in a natural channel, or of any lake or other natural collection of still water, should be applied or used by the State Government for the purpose of any existing or projected canal or drainage-work, the State Government may, by notification in the Official Gazette, declare that the said water will be so applied or used after a day to be named in the said notification, not being earlier than three months from the date thereof.

SECTION 7

Powers of Canal-officer

6.Powers of Canal-officer.- At any time after the day so named, any Canal-officer, acting under the orders of the State Government in this behalf, may enter on any land and remove any obstructions, and may close any channels, and do any other thing necessary for such application or use of the said water.

SECTION 8

Notice as to claims for compensation

7.Notice as to claims for compensation.- As soon as is practicable after the issue of such notification, the Collector shall cause public notice to be given at convenient places, stating that the State Government intends to apply or use the said water as aforesaid, and that claims for compensation in respect of the matters mentioned in section 8 may be made before him.

SECTION 9

Damage for which compensation shall not be awarded

8.Damage for which compensation shall not be awarded.- No compensation shall be awarded for any damage caused by- (a) stoppage or diminution of percolation or floods; (b) deterioration of climate or soil; (c) stoppage of navigation, or of the means of drifting timber or watering cattle; (d) displacement of labour. 1. Cf. definition in the General Clauses Act, 1897 (10 of 1897), s. 3 (11). Matters in respect of which compensation may be awarded.- But compensation may be awarded in respect of any of the following matters:- (e) stoppage or diminution of supply of water through any natural channel to any defined artificial channel, whether above or underground, in use at the date ofthe said notification; (f) stoppage or diminution of supply of water to any work erected for purposes of profit on any channel, whether natural or artificial, in use at the date of the said notification; (g) stoppage or diminution of supply of water through any natural channel which has been used for purposes of irrigation within the five years next before the date of the said notification; (h) damage done in respect of any right to a water-course or the use of any water to which any person is entitled under the 1Indian Limitation Act, 1877 (15 of 1877), Part IV; (i) any other substantial damage, not falling under any of the above clauses (a), (b), (c) or (d), and caused by the exercise of the powers conferred by this Act, which is capable of being ascertained and estimated at the time of awarding such compensation. In determining the amount of such compensation, regard shall be had to the diminution in the market-value, at the time of awarding compensationof the property in respect of which compensation is claimed; and, where such market -value is not ascertainable, the amount shall be reckoned attwelve times the amount of the diminution of the annual net profits of such property caused by the exercise of the powers conferred by this Act. No right to any such supply of water as is referred to in clauses (e), (f) or (g) of this section, in respect of a work or channel not in use at the date ofthe notification, shall be acquired as against the State Government, except by grant or under the 1Indian Limitation Act, 1877 (15 of 1877), Part IV; and no right to any of the advantages referred to in clauses (a), (b) and (c) of this section shall be acquired, as against the State Government, under the same Part.

SECTION 10

Limitation of claims

9.Limitation of claims.- No claim for compensation for any such stoppage, diminution or damage shall be made after the expiration of one year from such stoppage, diminution ordamage, unless the Collector is satisfied that the claimant had sufficient cause for not making the claim within such period.

SECTION 11

Enquiry into claims and amount of compensation

10.Enquiry into claims and amount of compensation.- The Collector shall proceed to enquire into any such claim, and to determine the amount of compensation, if any, which should be given to the claimant; andsections 9 to 12 (inclusive), 14 and 15, 18 to 23 (inclusive), 26 to 40 (inclusive), 51, 57, 58 and 59 of the 2Land Acquisition Act, 1870 (10 of 1870), shall apply to such enquiries: Provided that, instead of the last clause of the said section 26, the following shall be read:- "The provisions of this section and of section 8 ofthe Northern India Canal and Drainage Act, 1873 ( 8 of 1873), shall be read to every assessor in a language which he understands, before he giveshis opinion as to the amount of compensation to be awarded."

SECTION 12

Abatement of rent on interruption of water supply

11.Abatement of rent on interruption of water-supply.- Every tenant holding under an unexpired lease, or having a right of occupancy, who is in occupation of any land at the time when any stoppage ordiminution of water-supply, in respect of which compensation is allowed under section 8, takes place, may claim an abatement of the r ent previously payable by him for the said land, on the ground that the interruption reduces the value of the holding. 1. See now the Indian Limitation Act, 1963 (36 of 1963). 2. See now the Land Acquisition Act, 1894 (1 of 1894).

SECTION 13

Enhancement of rent on restoration of water supply

12.Enhancement of rent on restoration of water-supply.- If a water-supply increasing the value of such holding is afterwards restored to the said land, the rent of the tenant may be enhanced in respect of the increased value of such land due to the restored water-supply, to an amount not exceeding that at which it stood immediately before the abatement. Such enhancement shall be on account only of the restored water-supply, and shall not affect the liability of the tenant to enhancement of rent on any other grounds.

SECTION 14

Compensation when due

13.Compensation when due.- All sums of money payable for compensation under this Part shall become due three months after the claim for such compensation is made in respect of the stoppage, diminution or damage complained of, Interest.- and simple interest at the rate of six per cent. per annum shall be allowed on any such sum remaining unpaid after the said three months, except wh ere the non-payment of such sum is caused by the wilful neglect or refusal of the claimant to receive the same.

SECTION 15

Power to enter and survey, etc

14.Power to enter and survey, etc. -Any Canal-officer, or other person acting under the general or special order of a Canal-officer, may enter upon any lands adjacent to any canal, or through which any canal is proposed to be made, and undertake surveys or levels thereon; and dig and bore into the sub-soil; and make and set up-suitable land-marks, level-marks and water-gauges; and do all other acts necessary for the proper prosecution of any enquiry relating to any existing or projected canal under the charge of the said Canal -officer; Power to clear land.- and, where otherwise such enquiry cannot be completed, such officer or other person may cut down and clear away any part of any standing crop, fence or jungle; Power to inspect and regulate water-supply.- And may also enter upon any land, building or water-course on account of which any water-rate is chargeable, for the purpose of inspecting or regulating the useof the water supplied, or of measuring the lands irrigated thereby or chargeable with a water-rate, and of doing all things necessary for the properregulation and management of such canal: Notice of intended entry into houses. -Provided that, if such Canal-officer or person proposes to enter into any building or enclosed court or garden attached to a dwelling-housenot supplied with water flowing from any canal, he shall previously give the occupier of such building, court or garden at least seven days' noticein writing of his intention to do so. Compensation for damage caused by entry.- In every case of entry under this section, the Canal- officer shall, at the time of such entry, tender compensation for any damage which may be occasioned by any proceeding under this section; and, in case of dispute as to the sufficiency of the amount so tendered, he shall forthwith refer the same for decision by the Collector, and such decision shall be final.

SECTION 16

Power to enter for repairs and to prevent accidents

15.Power to enter for repairs and to prevent accidents.- In case of any accident happening or being apprehended to a canal any Divisional Canal-officer or any person acting under his general or special orders in this behalf may enter upon any lands adjacent to such canal, and may execute all works which may be necessary for the purpose of repairing or preventing such accident. Compensation for damage to land.- In every such case such Canal-officer or person shall tender compensation to the proprietors or occupiers of the said lands for all damage done tothe same. If such tender is not accepted, the Canal -officer shall refer the matter to the Collector, who shall proceed to award compensation for thedamage as though the State Government had directed the occupation of the lands under section 43 of the 1Land Acquisi- tion Act, 1870 (10 of 1870).

SECTION 17

Application by persons desiring to use canal water

16.Application by persons desiring to use canal-water.- Any persons desiring to use the water of any canal may apply in writing to the Divisional or Sub-Divisional Canal-officer of the division or sub-division of the canal from which the water-course is to be supplied, requesting such officer to construct or improve a water-course at the cost of the applicants. Contents of application.- The application shall state the works to be undertaken, their approximate estimated cost, or the amount which the applicants are willing to pay for the same, or whether they engage to pay the actual cost as settled by the Divisional Canal-officer, and how the payment is to be made. Liability of applicants for cost of works.- When the assent of the Superintending Canal-officer is given to such application, all the applicants shall, after the application has been duly attested before the Collector, be jointly and severally liable for the cost of such works to the extent mentioned therein. Recovery of amount due.- Any amount becoming due under the terms of such application, and not paid to the Divisional Canal-officer, or the person authorised by him to receive the same, on or before the date on which it becomes due, shall, on the demand of such officer, be recoverable by the Collector as if it were an arrear of land-revenue.

SECTION 18

Government to provide means of crossing canals

17.Government to provide means of crossing canals.- There shall be provided, at the cost of the State Government, suitable means of crossing canals constructed or maintained at the cost of the State Government, at such places as the State Government thinks necessary for the reasonable convenience of the inhabitants of the adjacent lands. On receiving a statement in writing, signed by not less than five of the owners of such lands, to the effect that suitable crossings have not been provided on any canal, the Collector shall cause enquiry to be made into the circumstances of the case and if he thinks that the statement is established, he shall report his opinion thereon for the consideration of the State Government, and the State Government shall cause such measures in reference thereto to be taken as it thinks proper.

SECTION 19

Persons using water-course to construct works for passing water across roads, etc

18.Persons using water-course to construct works for passing water across roads, etc.- The Divisional Canal-officer may issue an order to the persons using any water-course to construct suitable bridges, culverts or other works for the passage of the water of such water-course across any public road, canal or drainage-channel in use before the said water-course was made, or to repair any such works. Such order shall specify a reasonable period within which such construction or repairs shall be completed; If they fail, Canal-officer may construct.- and if, after the receipt of such order, the persons to whom it is addressed do not, within the said period, construct or repair such works to the satisfaction of the said Canal-officer, he may, with the previous approval of the Superintending Canal-officer, himself construct or repair the same; and recover cost .- and if the said persons do not, when so required, pay the cost of such construction or repairs as declared by the Divisional Canal-officer, the amount shall, on the demand of the Divisional Canal-officer, be recoverable from them by the Collector as if it were an arrear of land-revenue.

SECTION 20

Adjustment of claims between persons jointly using water course

19.Adjustment of claims between persons jointly using water-course .- If any person, jointly responsible with others for the construction or maintenance of a water-course, or jointly making use of a water-course with others, neglects or refuses to pay his share of the cost of such construction or maintenance, or to execute his share of any work necessary for such construction or maintenance, the Divisional or Sub-divisional Canal-officer, on receiving an application in writing from any person injured by such neglect or refusal, shall serve notice on all the parties concerned that, on the expiration of fortnight from the service, he will investigate the case; and shall, on the expiration of that period, investigate the case accordingly, and make such order thereon as to him seems fit. Such order shall be appealable to the Commissioner, whose order thereon shall be final. Recovery of amount found due.- Any sum directed by such order to be paid within a specified period may, if not paid within such period, and if the order remains in force, berecovered by the Collector, from the person directed to pay the same, as if it were an arrear of land-revenue.

SECTION 21

Supply of water through intervening wafer-course

20.Supply of water through intervening water-course.- Whenever application is made to a Divisional Canal-officer for a supply of water from a canal, and it appears to him expedient that such supply should begiven and that it should be conveyed through some existing water-course, he shall give notice to the persons responsible for the maintenance ofsuch water-course to show cause, on a day not less than fourteen days from the date of such notice, why the said supply should not be so conveyed;and, after making enquiry on such day, the Divisional Canal-officer shall determine whether and on what conditions the said supply shall be conveyedthrough such water -course. When such officer determines that a supply of canal-water may be conveyed through any water-course as aforesaid, his decision shall, whenconfirme d or modified by the Superintending Canal-officer, be binding on the applicant and also on the persons responsible for the maintenance of thesaid water -course. Such applicant shall not be entitled to use such water-course until he has paid the expense of any alteration of such water-course necessary inorder to his being supplied through it, and also such share of the first cost of such water -course as the Divisional or Superintending Canal-officer may determine. Such applicant shall also be liable for his share of the cost of maintenance of such water-course so long as he uses it.

SECTION 22

Application for construction of new water course

21.Application for construction of new water-course.- Any person desiring the construction of a new water-course may apply in writing to the Divisional Canal-officer, stating- (1) that he has endeavoured unsuccessfully to acquire, from the owners of the land through which he desires such water-course to pass, a rightto occupy so much of the land as will be needed for such water-course; (2) that he desires the said Canal-officer, in his behalf and at his cost, to do all things necessary for acquiring such right; (3) that he is able to defray all costs involved in acquiring such right and constructing such water-course.

SECTION 23

Procedure of Canal officer thereupon

22.Procedure of Canal-officer thereupon.- If the Divisional Canal-officer considers- (1) that the construction of such water-course is expedient, and (2) that the statements in the application are true, he shall call upon the applicant to make such deposit as the Divisional Canal-officer considers necessary to defray the cost of the preliminary proceedings, and the amount of any compensation which he considers likely to become due under section 28; and, upon such deposit being made, he shall cause enquiry to be made into the most suitable alignment for the said water-course, and shall mark out the land which, in his opinion, it will be,necessary to occupy for the construction thereof, and shall forthwith publish a notice in every village through which the water-course is proposed to be taken, that so much of such land as belongs to such village has been so marked out, and shall send a copy of such notice to the Collector of every district in which any part of such land is situate.

SECTION 24

Application for transfer of existing water course

23.Application for transfer of existing water-course.- Any person desiring that an existing water- course should be transferred from its present owner to himself may apply in writing to the Divisional Canal-officer, stating- (1) that he has endeavoured unsuccessfully to procure such transfer from the owner of such water-course; (2) that he desires the said Canal-officer, in his behalf and at his cost, to do all things necessary for procuring such transfer; (3) that he is able to defray the cost of such transfer. Procedure thereupon.- If the Divisional Canal-officer considers- (a) that the said transfer is necessary for the better Management of the irrigation from such water-course, and (b) that the statements in the application are true, he shall call upon the applicant to make such deposit as the Divisional Canal-officer considers necessary to defray the cost of the preliminary proceedings, and the amount of any compensation that may become due under the provisions of section 28 in respect of such transfer; and upon such deposit being made, he shall publish a notice of the application in every village, and shall send a copy of the notice to the Collector of every district, through which such water-course passes.

SECTION 25

Objections to construction or transfer applied for

24.Objections to construction or transfer applied for.- Within thirty days from the publication of a notice under section 22 or section 23, as the case may be, any person interested in the land or water- course to which the notice refers may apply to the Collector by petition, stating his objection to the construction or transfer for which application has been made. The Collector may either reject the petition or may proceed to inquire into the validity of the bjection, giving previous notice to the Divisional Canal-officer of the place and time at which such inquiry will be held. The Collector shall record in writing all orders passed by him under this section and the grounds thereof.

SECTION 26

When applicant may be placed in occupation

25.When applicant may be placed in occupation.- If no such objection is made, or (where such objection is made) if the Collector over-rules it, he shall give notice to the Divisional Canal-officer to that effect, and shall proceed forthwith to place the said applicant in occupation of the land marked out or of the water-course to be transferred, as the case may be.

SECTION 27

Procedure when objection is held valid

26.Procedure when objection is held valid.- If the Collector considers any objection made as aforesaid to be valid he shall inform the Divisional Canal-officer accordingly; and, if such officer sees fit, he may, in the case of an application under section 21, alter the boundaries of the land so marked out, and may give fresh notice under section 22; and the procedure herein before provided shall be applicable to such notice, and the Collector shall thereupon proceed as before provided.

SECTION 28

Procedure when Canal officer disagrees with Collector

27.Procedure when Canal-officer disagrees with Collector.- If the Canal-officer disagrees with the Collector, the matter shall be referred for decision to the Commissioner. Such decision shall be final, and the Collector, if he is so directed by such decision, shall, subject to the provisions of section 28, cause the said applicant to be placed in occupation of the land so marked out or of the water-course to be transferred, as the case may be.

SECTION 29

Expenses to be paid by applicant before receiving occupation

28.Expenses to be paid by applicant before receiving occupation.- No such applicant shall be placed in occupation of such land or water-course until he has paid to the person named by the Collector such amount as the Collector determines to be due as compensation for the land or water-course so occupied or transferred, and for any damage caused by the marking out or occupation of such land, together with all expenses incidental to such occupation or transfer. Procedure in fixing compensation.- In determining the compensation to be made under this section the Collector shall proceed under the provisions of the Land Acquisition Act, 18701 (10 of 1870); but he may, if the person to be compensated so desires, award such compensation in the form of a rent-charge payable in respect of the land or water-course occupied or transferred. Recovery of compensation and expenses.- If such compensation and expenses are not paid when demanded by the person entitled to receive the same, the amount may be recovered by the Collector as if it were any arrear of land-revenue, and shall, when recovered, be paid by him to the person entitled to receive the same.

SECTION 30

Conditions binding on applicant placed in occupation

29.Conditions binding on applicant placed in occupation.- When any such applicant is placed in occupation of land or of a water-course as aforesaid, the following rules and conditions shall be binding on him and his representative in interest :- First.-All works necessary for the passage across such water-course, of water-courses existing previous to its construction and of the drainage intercepted by it, and for affording proper communications across it for the convenience of the neighbouring lands, shall be constructed by the applicant, and be maintained by him or his representative in interest to the satisfaction of the Divisional Canal-officer. Second.-Land occupied for a water-course under the provisions of section 22 stall be used only for the purpose of such water-course. Third.-The proposed water-course shall be completed to the satisfaction of the Divisional Canal- officer within one year after the applicant is placed in occupation of the land. In cases in which land is occupied or a water-course is transferred on the terms of a rent-charge. Fourth.-The applicant or his representative in interest shall, so long as he occupies such land or water-course, pay rent for the same at such rate and on such days as are determined by the Collector when the applicant is placed in occupation. Fifth.-If the right to occupy the land cease owing to a breach of any of these rules, the liability to pay the said rent shall continue until the applicant or his representative in interest has restored the land to its original condition, or until he has paid, by way of compensation for any injury done to the said land, such amount and to such persons as the Collector determines. Sixth.-The Collector may, on the application of the person entitled to receive such rent or compensation, determine the amount of rent due or assess the amount of such compensation; and, if any such rent or compensation be not paid by the applicant or his representative in interest, the Collector may recover the amount, with interest thereon at the rate of six per cent. per annum from the date on which it became due, as if it were an arrear of land-revenue, and shall pay the same, when recovered, to the person to whom it is due. If any of the rules and conditions prescribed by this section are not complied with, or if any water-course constructed or transferred under this Act is disused for three years continuously, the right of the applicant, or of his representative in interest, to occupy such land or water-course shall cease absolutely.

SECTION 31

Procedure applicable to occupation for extensions and alterations

30.Procedure applicable to occupation for extensions and alterations.- The procedure hereinbefore provided for the occupation of land for the construction of a water-course shall be applicable to the occupation of land for anyextension or alteration of a water-course, and for the deposit of soil from water-course clearances. 1. See now the Land Acquisition Act, 1894 (1 of 1894).

SECTION 32

In absence of written contract, water-supply to be subject to rules

31.In absence of written contract, water-supply to be subject to rules.- In the absence of a written contract, or so far as any such contract does not extend, every supply of canal - water shall be deemed to be given at the ratesand subject to the conditions prescribed by the rules to be made by the State Government in respect thereof.