Section List

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 NumberTitleActions
1Short title.
2[Repealed.].
3Interpretation clause.
4Power to appoint officers.
5Notification to issue when water-supply is to be applied for public purposes.
6Powers of Canal-officer.
7Notice as to claims for compensation.
8Damage for which compensation shall not be awarded.
9Limitation of claims.
10Enquiry into claims and amount of compensation.
11Abatement of rent on interruption of water-supply.
12Enhancement of rent on restoration of water-supply.
13Compensation when due.
14Power to enter and survey, etc.
15Power to enter for repairs and to prevent accidents.
16Application by persons desiring to use canal-water.
17Government to provide means of crossing canals.
18Persons using water-course to construct works for passing water across roads, etc.
19Adjustment of claims between persons jointly using water-course.
20Supply of water through intervening wafer-course.
21Application for construction of new water-course.
22Procedure of Canal-officer thereupon.
23Application for transfer of existing water-course.
24Objections to construction or transfer applied for.
25When applicant may be placed in occupation.
26Procedure when objection is held valid.
27Procedure when Canal-officer disagrees with Collector.
28Expenses to be paid by applicant before receiving occupation.
29Conditions binding on applicant placed in occupation.
30Procedure applicable to occupation for extensions and alterations.
31In absence of written contract, water-supply to be subject to rules.
33Liability when person using unauthorisedly cannot be identified.
34Liability when water runs to waste.
35Charges recoverable in addition to penalties.
36Charge on occupier for water, how determined.
37“Owner‟s rate”.
38Amount of owner‟s rate.
39Owner‟s rate, when not chargeable.
40When occupier is -to pay both owner‟s rate and occupier‟s rate.
41Power to make rules for apportioning owner‟s rate.
42When owner is to pay „owner‟s rate.
43Effect of introduction of canal-irrigation on landlord’s right to enhance.
44Water-rate by whom payable, when charged on land held by several owners.
45Certified dues recoverable as land-revenue.
46Power to contract for collection of canal-dues.
47Lambardars may be required to collect canal-dues.
48Fines excluded from sections 45, 46, 47.
49Detainer of vessels violating rules.
50Recovery of fines for offences in navigating canals.
51Power to seize and detain vessel on failure to pay charges.
52Power to seize cargo or goods, if charges due thereon are not paid.
53Procedure for recovery of such charges after seizure.
54Procedure in respect of vessels abandoned and goods unclaimed.
55Power to prohibit obstructions or order their removal.
56Power to remove obstructions after prohibition.
57Preparation of schemes for works of improvement.
58Powers of persons employed on such schemes.
59Rate on lands benefited by works.
60Recovery of rate.
61Disposal of claims to compensation.
62Limitation of such claims.
63Definition of “labourer”.
64Power to prescribe number of labourers to be supplied by persons benefited by canal.
65Procedure for obtaining labour for works urgently required.
66Liability of labourers under requisition.
67Jurisdiction under this Act of Civil Courts.
68Settlement of differences as to mutual rights and liabilities of persons interested in water-course.
69Power to summon and examine witnesses.
70Offences under Act.
71Saving of prosecution under other laws.
72Compensation to person injured.
73Power to arrest without warrant.
74Definition of “canal”.
75Power to make, alter and cancel rules.
32Conditions as to— power to stop water-supply; claims to compensation in case of failure or stoppage of supply; claims on account of interruption from other causes; duration of supply; sale or sub-letting of right to use canal-water; transfer, with land, of contracts for water; no right acquired by user.
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