Act Number: 8

Act Name: The Northern India Canal and Drainage Act, 1873

Year: 1873

Enactment Date: 1873-02-11

Long Title: An Act to regulate Irrigation, Navigation and Drainage Northern India.

Ministry: Ministry of Jal Shaktri

Department: Department of Water Resources, River Development and Ganga Rejuvenation

Section 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 all subsidiary 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 or from 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;
         1(4) Vessel.--vessel includes boats, rafts, timber and other floating bodies;
         (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;
         2(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.
                                                            STATE AMENDMENT
Uttar Pradesh
Amendment of section 3 of Act no. VIII of 1873.— In clause (8) of section 3 of the Northern India Canal and Drainage Act, 1873 (hereinafter called the principal Act) for the full stop a semi-colon shall be substituted and thereafter the following shall be added as new clauses (9) and (10) ;
    “(9) ‘irrigable command area’ means such area of culturable land or grove land which, for purposes of irrigation, can be commanded through a single outlet in a canal or by a single tube-well and the limits of which are fixed in this behalf by the Divisional Canal Officer ; and
    (10) ‘Prescribed’ means prescribed by rules made under this Act.
[Vide Uttar Pradesh Act V of 1963, s. 2]
Notes:
1. Cf. definition in the General Clauses Act, 1897 (10 of 1897), s. 3.
2. Cf. definition in the General Clauses Act, 1897 (10 of 1897), s. 3 (11).
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