Northern India Canal and Drainage Act, 1873

No: 8 Dated: Feb, 11 1973

Northern India Canal and Drainage Act, 1873

(Act No. 8 of 1873)

An Act to regulate Irrigation, Navigation and Drainage in Northern India.

      Preamble. - Whereas, throughout the territories to which this Act extends, the 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 collection of still water; and whereas it is expedient to amend the law relating to irrigation, navigation and drainage in the said territories :

It is hereby enacted as follows :-

Part I

Preliminary

1. Short title. - This Act may be called The Northern India Canal and Drainage Act, 1873.

Local extent. - It extends to Uttar Pradesh and the territories which, immediately before the Ist 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.

2. Repeal of Acts. - Repealed by Act XII of 1873.

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 watercourses, 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;

(e) a field drain for the purposes of section 70 of this Act.

(1A) Temporary water course. - "Temporary watercourse" means a watercourse which has been in existence for a continuous period of not less than six months prior to the date of its demolition, alteration, enlargement or obstruction, but which may not be a recognised watercourse as hereinafter defined.

(2) Watercourse. - "Watercourse" 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. - "Drinage work" includes escape channels from a canal, dams, weirs, embankments, sluices, groins and other works for the protection of lands from floods 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;

(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;

(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" means an officer exercising general control over a canal or portion of a canal;
• "divisional canal officer" means an officer exercising control over a Division of canal;
• "Sub-divisional canal officer" means an officer exercising control over a sub-division of a canal;
• "Deputy collector" means an officer appointed as such by the State Government who assists the Divisional Canal Officer in revenue matters arising in a Division of a Canal.

(8) District. - "District" means a district as fixed for revenue purposes.

(9) 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.

(10) Field drain. - includes drains, escape channels and other similar works formed or maintained by landowners themselves.

(11) Culturable commanded area. - means that portion of the culturable irrgable area which is commanded by flow or lift irrigation from an irrigation channel, outlet or State tube-well.

4. Power to appoint officers. - The State Government may from time to time declare by notification in the Official Gazette [the officers of the State Government or of the Punjab State Tubewell Corporation Limited by whom] and the local limits within which all or any of powers or duties hereinafter conferrned or imposed shall be exercised or performed.

All officers mentioned in sections three, clause (7) shall be respectively, subject to the orders of such officers as the State Government may from time to time direct.