Haryana Canal and Drainage Act, 1974
No: 29 Dated: Aug, 23 1974
The Haryana Canal and Drainage Act, 1974
Haryana Act No. 29 of 1974
An Act to regulate irrigation, nagiation and drainage in Haryana
Be it enacted by the Legislature of the State of Haryana in the twenty-fifth Year of Republic of India as follows :-
Part I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Haryana Canal and Drainage Act, 1974.
(2) It extends to the whole of the State of Haryana.
(3) It shall come into force on such date as the State Government may, by notification, specify.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context :-
(1) "Canal" includes -
(a) all canals, channels and reservoirs constructed, maintained or controlled by the State Government for the supply of water.
(b) all works, embankments, structures, including outlets, supply and escape channels connected with such canals, channels or reservoirs;
(c) all watercourses;
(d) all parts of river, stream, lake or natural collection of water or natural drainage channels, to which the State Government has applied the provisions of Part II of this Act;
(e) all field drains;
(f) all State tubewells;
(g) all drainages, works, embankments and structures, connected with drains, maintained or controlled by the State Government;
(2) "Canal Officer" means an officer appointed under the Act by the State Government, by notification to exercise control or jurisdiction over a canal or any part thereof;
"Chief Canal Officer" means an officer exercising general control in respect of canals in the State;
"Superintending Canal Officer" means an officer exercising general control over a canal or portion of a canal;
"Divisional Canal Officer" means an officer exercising control over a sub-division of a canal;
"Sub Divisional Canal Officer" means an officer exercising control over a sub-division of a canal;
"Deputy Collector" means an officer appointed to perform the functions of Deputy Collector under this Act;
(3) "Collector" means the head revenue officer of a district, and includes any other officer appointed under this Act by the State Government, by notification, to exercise all or any of the powers of a Collector;
(4) "Commissioner" means a Commissioner of a Division, and includes any officer appointed under this Act by the State Government, by notification, to exercise all or any of the powers of a Commissioner;
(5) "culturable commanded arrears" means that portion of a culturable irrigtable area which is commanded by flow or lift irrigation from an irrigation channel, outlet or State tubewell;
(6) "district" means a district as fixed for revenue purposes;
(7) "drainage work" includes escape channels from canals, 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 the Act, but does not include works for the removal of sewage from towns;
(8) "field drain" includes drains and other similar works constructed or maintained by landowners themselves;
(9) "prescribed" means prescribed by rules framed under this Act;
(10) "shareholder" means a person who is interested in the land which is irrigated or likely to be irrigated by a canal and also includes a person who is interested in a field drain;
(11) "State tubewell" means a tubewell hitherto constructed, maintained or controlled or which may be hereafter constructed, maintained or controlled by the State Government or the Haryana State Minor Irrigation (Tubewells) Corporation Limited, and includes all mechanical and electrical appliances, tools and structures appertaining to it and necessary for the abstraction of water from it;
(12) "temporary watercourse" means a watercourse which has been running for a period of not less than six months prior to the date of its demolition, alternation, enlargement or obstruction, but which is not a water-course as hereinafter defined;
(13) "tubewell" means any device for lifting water from below the surface of the ground by mechanical means operated otherwise than by human or animal power;
(14) "vessel" includes boats, rafts, timber and other floating bodies; and
(15) "watercourse" means any channel including all its subsidiary works which is supplied with water from a canal, but not maintained at the cost of the State Government, and is sanctioned under this Act or is in existence under an agreement or by prescription.
3. Power to appoint officers. - The State Government may, from time to time, declare, by notification the officers of the State Government or of the Haryana State Minor Irrigation (Tubewells) Corporation Limited, by whom, the matters in respect of which and the local limits within which, all or any of the powers or duties hereinafter conferred or imposed shall be exercised or performed.
(2) All officers mentioned in clause (2) of section 2 shall be subject to the orders of such officers as the State Government may, from time to time direct