#THE NORTHERN INDIA CANAL AND DRAINAGE ACT, 1873 
__________ 

##ARRANGEMENT OF SECTIONS 
__________ 

###PART I 

PREAMBLE 

###PRELIMINARY 

SECTIONS 

1. Short title. 
Local extent. 
2. [Repealed.]. 
3. Interpretation clause. 
4. Power to appoint officers. 

###PART II 

###OF THE APPLICATION OF WATER FOR PUBLIC PURPOSES 

5. Notification to issue when water-supply is to be applied for public purposes. 
6. Powers of Canal-officer. 
7. Notice as to claims for compensation. 
8. Damage for which compensation shall not be awarded. 
Matters in respect of which compensation may be awarded. 
9. Limitation of claims. 
10. Enquiry into claims and amount of compensation. 
11. Abatement of rent on interruption of water-supply. 
12. Enhancement of rent on restoration of water-supply. 
13. Compensation when due. 
Interest. 

###PART III 

###OF THE CONSTRUCTION AND MAINTENANCE OF WORKS 

14. Power to enter and survey, etc. 
Power to clear land. 
Power to inspect and regulate water-supply. 
Notice of intended entry into houses. 
Compensation for damage caused by entry. 

15. Power to enter for repairs and to prevent accidents. 
Compensation for damage to land. 

16. Application by persons desiring to use canal-water. 
Contents of application. 
Liability of applicants for cost of works. 
Recovery of amount due. 

17. Government to provide means of crossing canals. 

18. Persons using water-course to construct works for passing water across roads, etc. 
If they fail, Canal-officer may construct, and recover cost. 

19. Adjustment of claims between persons jointly using water-course. 
Recovery of amount found due. 

20. Supply of water through intervening wafer-course. 

21. Application for construction of new water-course. 

22. Procedure of Canal-officer thereupon. 

23. Application for transfer of existing water-course. 
Procedure thereupon. 

24. Objections to construction or transfer applied for. 

25. When applicant may be placed in occupation. 

26. Procedure when objection is held valid. 

27. Procedure when Canal-officer disagrees with Collector. 

28. Expenses to be paid by applicant before receiving occupation. 
Procedure in fixing compensation. 
Recovery of compensation and expenses. 

29. Conditions binding on applicant placed in occupation. 

30. Procedure applicable to occupation for extensions and alterations. 

###PART IV 

###OF THE SUPPLY OF WATER 

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

32. Conditions 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. 

###PART V 

###OF WATER-RATES 

33. Liability when person using unauthorizedly cannot be identified. 

34. Liability when water runs to waste. 

35. Charges recoverable in addition to penalties. 
Decision of questions under sections 33 and 34. 

36. Charge on occupier for water, how determined. 
“Occupier’s rate”. 

37. “Owner’s rate”. 

38. Amount of owner’s rate. 

39. Owner’s rate, when not chargeable. 

40. When occupier is to pay both owner’s rate and occupier’s rate. 

41. Power to make rules for apportioning owner’s rate. 

42. When owner is to pay ‘owner’s rate. 

43. Effect of introduction of canal-irrigation on landlord’s right to enhance.   

44. Water-rate by whom payable, when charged on land held by several owners. 

*Recovery of charges*

45. Certified dues recoverable as land-revenue. 

46. Power to contract for collection of canal-dues.

47. Lambardars may be required to collect canal-dues. 

48. Fines excluded from sections 45, 46, 47. 

###PART VI 

###OF CANAL NAVIGATION 

49. Detainer of vessels violating rules. 
Liability of owners of vessels causing damage. 

50. Recovery of fines for offences in navigating canals. 

51. Power to seize and detain vessel on failure to pay charges. 

52. Power to seize cargo or goods, if charges due thereon are not paid. 

53. Procedure for recovery of such charges after seizure. 

54. Procedure in respect of vessels abandoned and goods unclaimed. 
Disposal of proceeds of sale. 

###PART VII 

###OF DRAINAGE 

55. Power to prohibit obstructions or order their removal. 

56. Power to remove obstructions after prohibition. 

57. Preparation of schemes for works of improvement. 

58. Powers of persons employed on such schemes. 

59. Rate on lands benefited by works. 

60. Recovery of rate. 

61. Disposal of claims to compensation. 

62. Limitation of such claims. 

###PART VIII 

###OF OBTAINING LABOUR FOR CANALS AND DRAINAGE-WORKS 

63. Definition of “labourer”. 

64. Power to prescribe number of labourers to be supplied by persons benefited by canal. 

65. Procedure for obtaining labour for works urgently required. 

66. Liability of labourers under requisition. 

###PART IX 

###OF JURISDICTION 

67. Jurisdiction under this Act of Civil Courts. 

68. Settlement of differences as to mutual rights and liabilities of persons interested in water-course. 

69. Power to summon and examine witnesses. 

###PART X 

###OF OFFENCES AND PENALTIES 

70. Offences under Act. 
Penalty. 

71. Saving of prosecution under other laws. 

72. Compensation to person injured. 

73. Power to arrest without warrant. 

74. Definition of “canal”. 

###PART XI 

###OF SUBSIDIARY RULES 

75. Power to make, alter and cancel rules. 
  Publication of rules. 

  SCHEDULE.—[Repealed.]. 

 
 
 
#THE NORTHERN INDIA CANAL AND DRAINAGE ACT, 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:— 

###PART I 

###PRELIMINARY 

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 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. 

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

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; 

(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  included  for  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. 
 
 
 
(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”**.—“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] 

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. 

###STATE AMENDMENT 

**Uttar Pradesh**

**Amendment of section 4 of Act no. XVII of 1878.**—In the first proviso to section 4 of the Northern 
India Ferries Act, 1878, as amend in its application to Uttar Pradesh, between the words “two States” and 
the words “the powers”, the words “to which this Act applies” shall be inserted. 

*[Vide* Uttar Pradesh Act IV of 1960, s. 2] 

###PART II 

###OF THE APPLICATION OF WATER 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. 

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. 

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. 

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. 

**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 of the 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 [^1]Indian 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  compensation  of  the  property  in  respect  of 
which  compensation  is  claimed;  and,  where  such  market -value  is  not  ascertainable,  the 
amount  shall  be  reckoned  at  twelve  times  the  amount  of  the  diminution  of  the  annual  net 
profits of such property caused by the exercise of the powers confer red 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  of  the  notification,  shall  be 
acquired  as  against  the  State  Government,  except  by  gra nt  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. 

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  or 
damage, unless the Collector is satisfied that the claimant had sufficient cause for not making 
the claim within such period. 

[^1]. See now the Indian Limitation Act, 1963 (36 of 1963). 



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; and sections 9 to 12 (inclusive), 14 and 15, 18 to 23 (inclusive), 26 to 
40 (inclusive), 51, 57, 58 and 59 of the [^2]Land 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 of the  Northern  India Canal and 
Drainage  Act,  1873  (8  of  1873) ,  shall  be  read  to  every  assessor  in  a  language  which  he 
understands,  before  he  gives  his  opinion  as  to  the  amount  of  compensation  to  be 
awarded.” 

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 lan d at the 
time  when  any  stoppage  or  diminution  of  water -supply,  in  respect  of  which  compen sation 
is  allowed  under  section  8,  takes  place,  may  claim  an  abatement  of  the  rent  previously 
payable  by  him  for  the  said  land,  on  the  ground  that  the  interruption  re duces  the  value  of 
the holding. 

###STATE AMENDMENT 

**Uttar Pradesh**

**Amendment of section 11 of Act XVII of 1878.**— In section 11 of the Northern India Ferries Act, 
1878, for the words “one month’s thin” the word “three months” shall be substituted. 

*[Vide* Uttar Pradesh Act XXIX of 1948, s. 2] 

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. 

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 where the non -payment of such 
sum is caused by the wilful neglect or refusal of  the claimant to receive the same. 

###PART III 

###OF THE CONSTRUCTION AND MAINTENANCE OF WORKS 

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; 

[^2]. See now the Land Acquisition Act, 1894 (1 of 1894). 

 

**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  use  of  the  water  supplied,  or  of  measuring  the  lands 
irrigated  thereby  or  chargeable  with  a  water -rate,  and  of  doing  all  things  necessary  for  the 
proper regulation 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-house  not  supplied  with  water  flowing  from  any  canal,  he shall  previously  give 
the  occupier  of  such  building,  court  or  garden  at  least  seven  days’ notice in 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. 

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  to  the  same.  If  such  tender  is  not  accepted,  the  Canal -officer  shall  refer  the  matter  to 
the  Collector,  who  shall  proceed  to  award  compensation  for  the  damage  as  though  the  State 
Government had directed the occupation of the lands under section 43 of the [^3]Land Acquisi-
tion Act, 1870 (10 of 1870). 

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. 

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. 

[^3]. See now the Land Acquisition Act, 1894 (1 of 1894). 

 

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. 

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. 

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  a 
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, be 
recovered  by  the  Collector,  from  the  person  directed  to  pay  the  same,  as  if  it  were  an 
arrear of land-revenue. 

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  be  given  and  that  it  should  be  conveyed  through  some 
existing  water-course,  he  shall  give  notice  to  the   persons  responsible  for  the  maintenance 
of  such  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 conveyed through 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,  when  confirm ed  or  modified  by  the 
Superintending  Canal-officer,  be  binding  on  the  applicant  and  also  on  the  persons 
responsible for the maintenance of the said 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  in  order  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  h is  share  of  the  cost  of  maintenance  of  such 
water-course so long as he uses it. 

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  right  to  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. 

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. 

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. 

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 
objection,  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. 

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. 

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. 

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. 

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, 1870[^1] (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. 

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. 

[^1]. See now the Land Acquisition Act, 1894  (1 of 1894). 

 

*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. 

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  any  extension  or  alteration  of  a  water-course,  and  for 
the deposit of soil from water-course clearances. 

###STATE AMENDMENT 

**Uttar Pradesh**

**Addition of new section 30-A to 30-G in Act no. VIII of 1873.**--After section 30 of the principal 
Act, the following shall be added as new sections 30-A to 0-G : 

  **“30-A.  Preparation  of  the  scheme  for  an  irrigable  command  area.**—The  Divisional  Canal 
Officer may, with a view to providing for or improving irrigation facilities in an irrigable command 
area,  prepare  a  scheme  for  the  construction  of  water-courses  and  the  carrying  out  of  any  work 
connected  therewith  in  such  area,  anything  to  the  contrary  contained  in  any  other  law 
notwithstanding. The scheme shall contain — 

  (i) a  plan  showing  the  site  of  the  outlet,  the  existing  water-courses,  if  any,  the  proposed 
water-courses and works connected therewith, and the areas already served and to be served by 
the existing or proposed watercourses; 

  (ii) a  statement  showing  the  estimated  cost  of  constructing  the  proposed  water-courses  and 
works connected therewith ; 

  (iii) a memorandum showing the manner in which the scheme may be implemented; and 

  (iv) such other particulars as may be prescribed. 

30-B. **Calling upon the Gaon Sabhas to implement the scheme.**—(1)  The  Divisional  Canal 
Officer shall, as soon as may be, forward a copy of the scheme prepared under section 30-A to each 
of  the  Gaon  Sabhas  and  Block  Development  Officers  within  whose  jurisdiction  the  land  affected 
thereby is situate, and call upon the Gaon Sabhas to submit to him within a period of thirty days from 
the  date  of  receipt  of  the  copy,  their  approval  or  the  scheme,  or  any  objections,  suggestions  or 
modifications thereto. 

  (2) The copy of the scheme shall, within three days of its receipt by the Gaon Sabha, be affixed 
by it on its notice board, and shall, within twelve days thereafter, be considered in a meeting of the 
Gaon Panchayat convened for the purpose and the decision of the Gaon Panchayat shall be deemed to 
be  for  and  on  behalf  of  the  Gaon  Sabha  concerned.  The  decision  shall  be  communicated  to  the 
Divisional Canal Officer within the time allowed under sub-section (1). 

  (3) If no objections, modifications or suggestions are submitted by any of the Gaon Sabhas within 
the time specified in sub-section (1), the Gaon Sabhas shall be deemed to have approved the scheme, 
which shall thereupon become final. 

  (4) Upon receipt of the objections, modifications or suggestions, made by the Gaon Sabhas under 
sub-section (2), the Divisional Canal Officer may either confirm the scheme or amend or modify it 
and thereupon the scheme so confirmed, amended or modified, shall become final. 

  (5) When the scheme has become final, the Divisional Canal Officer shall, by notice in writing, 
call  upon  the  Gaon  Sabhas  concerned  to  take  all  such  steps  as  may  be  necessary  for  the 
implementation  of the  scheme,  and  in  particular to  construct  or  cause  to  be  constructed,  the  water-
courses  and  carry  out,  or  cause  to  be  carried  out,  all  works  connected  therewith,  within  the  period 
fixed therefor in the notice, which may be extended from time to time. 

30-C. **Securing or acquiring land for the scheme.**—(1)  Upon  receipt  of  the  notice  mentioned  in 
sub-section (5) of section 30-B, the Gaon Sabha shall give to all persons on whose land any water-course 
is proposed to be constructed, or on which any work connected therewith is proposed to be carried out, 
option to transfer by way of gift or surrender, as the case may be, free from all encumbrances, within the 
period provided therefor in the notice, so much of the said land in its favour as may be necessary for the 
implementation of the scheme. 

(2) Where  any  land  required  for  the  implementation  of  the  scheme  is  not  transferred  to,  or 
surrendered in favour of the Gaon Sabha under subsection (1), it may — 

    (i) either purchase the land at such rates as may be prescribed ; or 

    (ii) move the State Government to acquire the same under the Land Acquisition Act, 1894 (Act 
no. 1 of 1894) ; or 

    (iii) If  the  land  for  construction  of  water-courses  is  likely  to  be  required  for  a  limited  period 
only,  apply  to  the  Requisitioning  Authority  under  section  6  of  U.  P.  Rural  Development 
(Requisitioning of Land) Act, 1948 (U.P. Act no XXVII of 1948) to requisition the land ; 

  Provided that if it appears after the construction of water-courses on the land so requisitioned that the 
alignment of the water-courses as constructed will be retained unchanged for long the Gaon Sabha shall, 
as early as possible, move the State Government to acquire the land on a permanent basis. 

(3) Where, on the application of the Gaon Sabha under sub-section (2), any land has been acquired in 
accordance  with  the  provisions  of  the  Land  Acquisition  Act,  1894  (Act  no.  1  of  1894),  the  State 
Government shall, subject to such terms and conditions as may be imposed by it in this behalf, transfer to, 
or vest in, the Gaon Sabha, the land so acquired for the implementation of the scheme.  

(4)  The  land  transferred  to,  or  vested  in,  the  Gaon  Sabha  under  subsection  (3),  or  of  which  the 
management  has  been  vested  in  the  Gaon  Sabha  under  section  11  of  the  U.  P.  Rural  Development 
(Requisitioning of Land) Act, 1948 (U.P. Act no. XXVII of 1948), shall be utilized by the Gaon Sabha for 
the  implementation  of  the  scheme,  and  it  shall  construct  or  cause  to  be  constructed,  in  the  manner 
hereinafter  provided,  the  water-courses,  and  carry  out  or  cause  to  be  carried  out,  all  works  connected 
therewith as may be necessary for the implementation of the scheme. 

(5) In implementing the scheme the Gaon Sabha shall, in the first instance, give option, by notice in 
writing, published the manner  prescribed, to all persons having a holding in the irrigable command area, 
to construct, within such time as may be fixed therefor in the notice, the water courses, and carry out all 
such work connected therewith, as may be necessary for the implementation of the scheme. 

(6) Where  the  persons  concerned  fail  to construct the  whole  or  any  part  of  any  water-course,  or to 
carry out any work connected therewith, in accordance with the scheme, the Gaon Sabha shall construct, 
or carry out, or cause to be constructed, or carried out, the same in the manner provided under section 17 
of the Uttar Pradesh Panchayat Raj Act, 1947, for the execution of small Irrigation projects. 

30-D. **Inspection  of    work  by  the  Divisional  Canal  Officer.**—(1)  On the expiry  of the period or 
extended  period,  as  the  case  may  be,  specified  in  the  notice  under  sub-section  (5)  of  section  30-B,  the 
Divisional  Canal  Officer  shall  inspect,  or  cause  to  be  inspected,  the  water  courses  and  all  works 
connected therewith, constructed or carried out, by the Gaon Sabha, either directly or through the tenure-
holders  of  the  irrigable  command  area,  and  if  the  same  are  in  accordance  with  scheme  and  otherwise 
properly constructed, or carried out, approve the same. 

(2) Where the water-courses or all works connected therewith, have not been properly constructed or 
carried out in accordance with the scheme, the Divisional Canal Officer, shall, by order in writing, require 
the Gaon Sabha concerned to remove and remedy, or cause to be removed and remedied, all the defects 
within the period specified in the order. 

(3) On  the  expiry  of  the  period  allowed  in  the  order  under  sub-section  (2),  the  Divisional  Canal 
Officer  shall  again  inspect,  or  cause  to  be  inspected,  the  water-courses,  and  all  works  connected 
therewith, and shall either approve or dis-approve the same. 

30-E. **Implementation of the scheme by the State Government.**--Where the Gaon Sabha fails — 

  (i) to take all or any of the steps required to be taken by it in accordance with the provisions of 
section 30-C ; or 

  (ii) to  construct,  or  cause  to  be  constructed,  the  whole  of  the  watercourses,  or  to  carry  out  all 
works connected therewith, in accordance with the scheme, within the period or the extended period 
provided therefor in the notice under sub-section (5) of section 30-B ; or 

  (iii) to remove the defects in the water-courses or in any work connected therewith as required to 
be  done  under  sub-section  (2)  of  section  30-D,  or  to  obtain  final  approval  of  the  Divisional  Canal 
Officer in respect of them under sub-section (3) of the said section ; 

the State Government shall take all such steps, including acquisition of the land, as may be necessary for 
the implementation of the scheme, and cause to be constructed and carried out the water-courses and all 
works connected therewith in accordance with the scheme. 

30-F. **Vesting of water-courses etc. in the Gaon Sabha.**—With effect from the date a notification in 
this behalf is published in the Gazette by the State Government, and subject to such terms and conditions 
as  may  be  prescribed,  all  the  water-courses  and  all  works  carried  out  by  the  State  Government  in 
connection with the implementation of the scheme, shall vest in the Gaon Sabha within whose jurisdiction 
the same lie. 

30-G. **Maintenance of the watercourses, etc.**—The Gaon Sabha shall at all times maintain and keep 
in good repairs all the water-courses, and all the works connected therewith, constructed or carried out by 
it, or vested in it under section 30-F. 

*[Vide* Uttar Pradesh Act V of 1963, s. 3] 

**Uttar Pradesh**

  **Insertion of new section 30-EE is Act no. 8 of 1873.**— After section 30-E of the Northern India 
Canal and  rainage Act, 1873, amended in its application to Uttar Pradesh, the following section shall be 
inserted, namely :— 

     **“30-EE. Special provisions in respect of major irrigation projects.**—(1) In any area covered 
by  the  Command  of  the  Gandak,  the  Sharda  Sahayak  or  the  Ram  Ganga  Irrigation  Project  or  any 
other major project specified in this behalf by the State Government by notification in the Gazette, the 
Divisional Canal Officer of the Irrigation Division may prepare a scheme containing the particulars 
referred  to  in  section  30-A,  and  hereupon  he  may  take  all  such  steps  as  may  be  necessary  for  the 
implementation  of  the  scheme,  and  cause  to  be  constructed  and  carried  out  water-courses  and  all 
works connected therewith in accordance with the scheme, and nothing in sections 30-B, 30-C, 30-D 
and 30-E, shall apply in relation to such scheme. 

  (2) Without prejudice to the generality of the provisions of sub-section (1), the Divisional Canal 
Officer may — 

    (a) apply to the requisitioning authority under the U. P. Rural Development (Requisitioning 
of Land) Act, 1948, to requisition any land required for implementation of the scheme ; or 

  (b) move  the  State  Government  to acquire  under  the Land  Acquisition  Act,  1894,  any  land 
required for implementation of the scheme ; or 

  (c) take action both under clauses (a) and (b), namely, to have land requisitioned in the first 
instance, and thereafter acquired. 

(3) The  Divisional  Canal  Officer  may  delegate  his  functions  under  sub-section  (2)  to  a  Sub-
divisional Canal Officer. 

(4) The provisions of sections 30-F, 30-G and 36-A, shall apply in relation to a scheme prepared 
under this section and to water-courses and other works constructed under such scheme as they apply 
to  any  scheme  referred  to  in  sections  30-A,  30-B,  30-C,  30-D  and  30-E  and  to  water-courses  and 
other works constructed in accordance therewith.” 

*[Vide* Uttar Pradesh Act 16 of 1974, s. 2] 

###PART IV 

###OF THE SUPPLY OF WATER 

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 rates  and subject to the conditions prescribed by the 
rules to be made by the State Government in respect thereof. 

32. **Conditions as to.**—Such  contracts  and  rules  must  be  consistent  with  the  following 
conditions:— 

  (a) **power to stop water-supply.**—The Divisional Canal-officer may not stop the supply of water 
to any water-course, or to any person, except in the following cases:— 

      (1) whenever and so long as it is necessary to stop such supply for the purpose of 
executing any work ordered by competent authorit y and with the previous sanction  of 
the State Government; 

      (2) whenever  and  so  long  as  any  water-course  is  not  maintained  in  such  proper  customary 
repair as to prevent the wasteful escape of water therefrom; 

      (3) within periods fixed from time to time by the  Divisional Canal-officer; 

  (b) **claims to compensation in case of failure or stoppage of supply.**—  No  claim  shall  be 
made  against  the  State  Government  for  compensation  in  respect  of  loss  caused  by  the 
failure  or  stoppage  of  the  water  in  a  canal,  by  reason  of   any  cause  beyond  the  control  of 
the  State  Government  or  of  any  repairs,  alterations  or  additions  to  the  canal,  or  of  any 
measures  taken  for  regulating  the  proper  flow  of  water  therein,  or  for  maintaining  the 
established  course  of  irrigation  which  the  Divi sional  Canal-officer  considers  necessary; 
but  the  person  suffering  such  loss  may  claim  such  remission  of  the  ordinary  charges 
payable for the use of the water as is aut horised by the State Government: 

  (c) **claims on account of interruption from other causes.**—If  the  supply  of  water  to 
any land irrigated from a canal be interrupted otherwise than in the manner described in the 
last  preceding  clause,  the  occupier  or  owner  of  such  land  may  present  a  petition  for 
compensation to the Collector for any loss arising from such interruption, and the Collector 
may award to the petitioner reasonable compensation for such loss: 

  (d) **duration of supply.**—When the water of a canal is supplied for the irrigation of  a, 
single crop, the permission to use such water shall b e held to continue only until that crop 
comes to maturity, and to apply only to that crop; but if it be supplied for irrigating two or 
more crops to be raised on the same land within the year, such permission shall be held to 
continue for one year from the commencement of the irrigation, and to apply to such crops 
only as are matured within that year: 

  (e) **sale or subletting of right to use canal-water.**—Unless with the permission of the 
Superintending  Canal-officer,  no  person  entitled  to  use  the  water  of  any   canal,  or  any 
work, building  or land appertaining to  any canal, shall  sell or  sublet  or otherwise transfer 
his right to such use: 

  Provided  that  the  former  part  of  this  clause  shall  not  apply  to  the  use  by  a  cultivating 
tenant  of  water  supplied  by  the  owner  of  a  water -course  for  the  irrigation  of  the  land  held 
by such tenant: 

  **transfer, with land, of contracts for water.**—But all contracts made between the State 
Government  and  the  owner  or  occupier  of  any  immovable  property,  as  to  the  supply  of 
canal-water to such property, shall be transferable therewith, and shall be presumed  to have 
been so transferred whenever a transfer of such prop erty takes place: 

  (f) **No right acquired by user.**—No right to the use of the water of a canal shall be, or 
be deemed to have been, acquired under the [^1]Indian Limitation Act, 1877 (15 of 1877), Part 
IV,  nor  shall  the  State  Government be bound to supply any person with  water  except  in 
accordance with the terms of a contract in writing. 

###PART V 

###OF WATER-RATES 

33. **Liability when person using unauthorisedly cannot be identified.**—If water supplied through a 
water-course be used in an unauthorised manner, and if the person by whose act or neglect such use has 
occurred cannot be identified, 

  the person on whose land such water has flowed if such land has derived benefit therefrom, 

  or if  such  person  cannot  be  identified  or  if  such  land  has  not  derived   benefit  therefrom,  all 
the  persons  chargeable  in  respect  of  the  water  supplied  through  such  water -course,  shall  be 
liable, or jointly liable, as the case may be, to the charges made for such use. 

34. **Liability when water runs to  waste.**—If  water  supplied  through  a  water-course  be 
suffered  to  run  to  waste,  and  if,  after  enquiry  by  the  Divisional  Canal-officer,  the  person 
through whose act or neglect such water was suffered to run to waste cannot be discovered, all 
the  persons  chargeable  in  respect  of  the  wat er  supplied  through  such  water-course  shall  be 
jointly liable for the charges made in respect of the water so wasted. 

35. **Charges recoverable in addition to penalties.**—All charges for the unauthorised use or 
for  waste  of  water  may  be  recovered  in  addition  to  any  penalties  incurred  on  account  of  such 
use or waste. 

**Decision of questions under sections 33 and 34.**—All questions under section 33 or section 
34  shall  be  decided  by  the  Divisional  Canal-officer,  subject  to  an  appeal  to  the  head  Revenue-
officer of the district, or such other appeal as may be provided under section 75. 

###STATE AMENDMENT 

**Uttar Pradesh**

**Amendment of section 36 of Act no. VIII of 1873.**—In section 35 of the Northern India Canal and 
Drainage Act, 1873, hereinafter referred to as the principal Act, for the words “shall be determined by the 
rules  to  be  made  by  the  State  Government”,  the  words  “and  any  other  incidental  charges  shall  be 
determined by the rules to be made by the State Government”, shall be substituted. 

*[Vide* Uttar Pradesh Act 22 of 1979, s. 2] 

36. **Charge on occupier for water, how determined.**—The  rates  to  be  charged  for  canal-
water supplied for purposes of irrigation to the occupiers of land shall be determined by the rules 

[^1]. See now the Indian Limitation Act, 1963 (36 of 1963). 

 

to  be  made  by  the  State  Government,  and  such  occupiers  as  accept  the  water  shall  pay  for 
accordingly. 

**‘Occupier’s rate’**.—A rate so charged shall be called the “occupier’s rate”. 

The rules  hereinbefore  referred  to  may  prescribe  and  determine  what  persons  or  classes  of 
persons are to be deemed to be occupiers for the purposes of this section, and may also determine 
the several liabilities, in respect of the payment of the occupier ’s rate, of tenants and of persons to 
whom  tenants  may  have  sublet  their  lands  or  of  proprietors  and  of  persons  to  whom  proprietors 
may have let the lands held by them in cultivating occupancy.

###STATE AMENDMENT 

**Uttar Pradesh**

**Addition of new section 36-A in Act no. VIII of 1873.**—  After  section  36  of  the  principal  Act,  the 
following shall be added as a new section 36-A:— 

  “36-A.  (1)  There  shall  be  levied  on  and  collected  from  in  the  manner  prescribed,  the  persons 
mentioned  in  sub-section  (2)  a  development  charge  for  recovering  the  cost  of  the  land  acquired  or 
requisitioned and the cost of construction of the water-courses, and all works carried out, in connection 
with the implementation of the scheme, calculated — 

     (i) for the cost of acquisition and requisition of the land at the rate of 40 Naya Paise per acre per 
annum ; and 

     (ii) for  the  cost  of  constructing  the  water-courses  and  for  carrying  out  the  works  connected 
therewith, at the rate of 60 Naya Paise per acre per annum. 

(2) Every person having a holding in the irrigable command area except those who have surrendered 
or transferred by way of gift, as the case may be, to the Gaon Sabha such portion of their land on which 
any watercourse has been constructed, or on which any work connected therewith has been carried out, 
shall be liable and pay till such time as the cost together with interest at 4 per cent per annum on the same, 
has  been  realized  in  full  to  the  State  Government,  if  the  cost  of  acquisition  has  been  met  out  of  the 
Consolidated Fund of the State, or to the Gaon Sabha, if the compensation for acquisition or requisition 
has been paid by the Gaon Sabha, a development charge levied under clause (i) of sub-section (1), and 
every person in that area, who has failed to implement the scheme in accordance with the provisions of 
sub-section (5) of section 30-C, or sub-section (2) of section 30-D, so far as it relates to his land, shall, in 
lieu of the benefits derived from the implementation of the scheme, pay till such time as the expenditure 
incurred in this connection, together with interest at 4 per cent per annum on the same, has been realized 
in full, to the State Government or the Gaon Sabha, whose ever may have constructed the water-courses 
or carried out the works connected therewith, in the implementation of the scheme, a development charge 
levied at the rate provided in clause (ii) of sub-section (1) ; 

  Provided  however  that  the  development  charges  shall  in  the  first  instance  be  payable  to  the  State 
Government till such time as the expenditure incurred by it in this connection, together with interest at 4 
per cent per annum on the same, has been realized in full.” 

*[Vide* Uttar Pradesh Act V of 1963, s. 4] 

37. **‘Owner’s rate’**.—In addition to the occupier’s rate, a rate to be called the “owner’s rate” 
may be imposed according to rules to be made by the State Government, on the owners of canal -
irrigated lands, in respect of the benefit which they derive from such irrigation. 

38. **Amount of owner’s rate.**—The  owner’s  rate  shall  not  exceed  the  sum  which,  under 
the rules for the time being in force for the assessment of land -revenue, might be assessed on 
such  land  on  account  of  the  increase  in  the  annual  value  of  prod uce  thereof  caused  by  the 
canal-irrigation.  And,  for  the  purpose  of  this  section  only,  land  which  is  permanently  settled 
or held free of revenue shall be considered as though it were temporarily settled and liable to 
payment of revenue. 

39. **Owner’s rate, when not chargeable.**—No  owner’s  rate  shall  be  chargeable  either  on 
the  owner  or  occupier  of  land  temporarily  assessed  to  pay  land-revenue  at  irrigation-rates, 
during the currency of such assessment. 

40. **When occupier is to pay both owner’s rate and occupier’s rate.**—If such land is occupied by 
the owner, 

  or  if  it  is  occupied  by  a  tenant  whose  rent  is  not  l iable  t  enhancement  on  the  ground  that 
the  value  of  the  produce  of  the  land  or  the  productive  po wers  of  the  land  has  or  have  teen 
increased by irrigation, 

  such owner or tenant shall pay the owner ’s rate as well as the occupier ’s rate. 

41. **Power to make rules for apportioning owner’s rate.**—In  the case  of a tenant  with  a 
right  of  occupancy,  the  State  Government  shall  have  power  to  make  rules  for  dividing  the 
owner’s  rate  between  such  tenant  and  his  landlord,  proportionately  to  the  extent  of  the 
beneficial interest of each in the land. 

42. **When owner is to pay owner’s rate.**—  If  the owner  of  the  land  is  not the  occupier,  but  has 
power to enhance the rent of the occupier on the ground that the value of the produce or the productive 
powers of the land has or have been increased by irrigation, 

  or if, when the amount of a rent was fixed,  the land was irrigated from the canal, 
the owner shall pay the owner’s rate. 

43. **Effect of introduction or canal-irrigation on landlord’s right to enhance.**—If  a 
revision  of  settlement  is  a  ground  for  entertaining  a  suit,  for  the  enhancement  of  rent,  the 
introduction of canal-irrigation into any land shall have the same effect on the landlord ’s right 
to  re-enhance  the  rent  of  a  tenant  with  a  right  of  occupancy  of  such  land,  as   if  a  revision  of 
settlement had taken place, under which the revenue payable in respect of such land had been 
increased. 

44. **Water-rate by whom payable, when charged on land held by several owners.** —
Where a water-rate is charged on land held by several joi nt owners, it shall be payable by the 
manager  or  other  person  who  receives  the  rents  or  profits  of  such  land,  and  may  be  deducted 
by  him  from  such  rents  or  profits  before  division,  or  may  be  recovered  by  him  from  the 
persons  liable  to  such  rate  in  the  manner  customary  in  the  recovery  of  other  charges  on  such 
rents or profits. 

*Recovery of charges*

45. **Certified dues recoverable as land-revenue.**—Any sum lawfully due under this Part, 
and certified by the  Divisional Canal-officer to be so due,  which remains unpaid after the day 
on  which  it  becomes  due,  shall  be  recoverable  by  the  Collector  from  the  person  liable  for  the 
same as if it were an arrear of land-revenue. 

46. **Power to contract for collection of canal-dues.**—The Divisional Canal-officer or the 
Collector  may  enter  into  an  agreement  with  any  person  for  the  collection  and  payment  to  the 
State Government by such person of any sum payable under this Act by a third party. 

  When such agreement has been made, such person may recover such sum by suit as though it 
were a debt due to him, or an arrear of rent due to him on account of the land, work or building 
in  respect  of  which  such  sum  is  payable,  or  for  or  in  which  the  canal -water  shall  have  been 
supplied or used. 

  If such person makes default in the payment of any sum collected by him under this section, such sum 
may be recovered from him by the Collector under section 45; and, if such sum or any part of it be still 
due by the said third party, the sum or part so due may be recovered in like manner by the Collector from 
such third party. 

47. **Lambardars may be required to collect canal-dues.**—The Collector may require the 
lambardar,  or  person  under  engagement  to  pay  the  land -revenue  of  any  estate,  to  collect  and 
pay  any sums  payable under this  Act  by  a third party, in  respect of any land or  water in such 
estate. 

  Such sums  shall  be  recoverable  by  the  Collector  as  if  they  were  arrears  of  land -revenue 
due in respect of the defaulter’s share in such estate; 

  and for the purpose of collecting such sums from the subordinate zamindars, raiyats, tenants or sub-
tenants, such lambardar or person may exercise the powers, and shall be subject to the rules, laid down in 
the law for the time being in force in respect to the collection by him of the rents of land or of shares of 
land-revenue. 

The State Government shall provide— 

  (a) for remunerating persons collecting sums under this section; or 

  (b) for  indemnifying  them  against  expenses  properly  incurred  by  them  in  such 
collection; or 

  (c) for both such purposes. 

48. **Fines excluded from sections 45, 46, 47.**—Nothing in section 45, 46 or 47 applies to fines. 

###PART VI 

###OF CANAL-NAVIGATION 

49. **Detainer of vessels violating rules.**—Any  vessel  entering  or  navigating  any  canal 
contrary  to  the  rules  made  in  that  behalf  by  the  State  Government,  or  so  as  to  cause  danger 
to  the  canal  or  the  other  vessels  therein,  may  be  removed  or  detained,  or  both  removed  and 
detained,  by  the  Divisional  Canal -officer,  or  by  any  other  person  duly  authorised  in  this 
behalf. 

  **Liability of owners of vessels causing damage.**—The  owner  of  any  vessel  causing 
damage  to  a  canal,  or  removed  or  detained  under  this  section,  shall  be  liable  to  pay  to  the 
State  Government  such  sum  as  the  Divisional  Canal -officer,  with  the  approval  of  the 
Superintending  Canal-officer,  determines  to  be  necessary  to  defray  the  expenses  of  repairing 
such damage or of such removal or detention, as the case may be. 

50. **Recovery of fines for offences in navigating canals.**—Any fine imposed under this 
Act  upon  the  owner  of  any  vessel,  or  the  servant  or  agent  of  such  owner  or  other  person  in 
charge  of  any  vessel,  for  any  offence  in  respect  of  the  navigation  of  such  vessel,  may  be 
recovered  either  in  the  manner  prescribed  by  the  Code  of  Criminal  Procedure 2 or,  if  the 
Magistrate  imposing  the  fine  so  directs ,  as  though  it  were  a  charge  due  in  respect  of  such 
vessel. 

51. **Power to seize and detain vessel on failure to pay charges.** —If  any  charge  due 
under the  provisions  of this  Part in respect  of  any  vessel is not paid on  demand to the  person 
authorised to collect the same, the  Divisional Canal-officer may seize and detain such vessels 
and  the  furniture  thereof,  until  the  charge  so  due,  together  with  all  expenses  and  additional 
charges arising from such seizure and detention, is paid in  full. 
 
52. **Power to seize cargo or goods, if charges due thereon are not paid.** —If any charge 
due under the provisions of this Part in respect of any cargo or goods carried in a Government 
vessel on a canal, or stored on or in lands or warehouses occupied  for the purposes of a canal, 
is  not  paid  on  demand  to  the  person  authorised  to  collect  the  same,  the  Divisional  Canal -
officer  may  seize  such  cargo  or  goods  and  detain  them  until  the  charge  so  due,  together  with 
all expenses and additional charges arising from such seizure and detenti on, is paid in full. 

53. **Procedure for recovery of such charges after seizure.**—Within  a  reasonable  time  after 
any seizure under section 51 or section 52, the said Canal-officer shall give notice to the owner or 
person in charge of the property seized that it, or such portion of it as may  be necessary, will, on a 
day to be named in the notice, but not sooner than fifteen days from the date of  the notice, be sold 
in  satisfaction  of  the  claim  on  account  of  which  such  property  was  seized,  unless  the  claim  be 
discharged before the day so named. 

  And, if such claim be not so discharged, the said Canal-officer may, on such day, sell the property 
seized or such part thereof as may be necessary to yield the amount due, together with the expenses of 
such seizure and sale: 

  Provided that no greater part of the furniture of any vessel or of any cargo or goods shall be 
so  sold  than  shall,  as  nearly  as  may  be,  suffice  to  cover  the  amount  due  in  respect  of  such 
vessel, cargo or goods. 

  The residue of such furniture, cargo or goods, and of the proceeds of the sale, shall be made over to 
the owner or person in charge of the property seized. 

54. **Procedure in respect of vessels abandoned and goods unclaimed.**—If  any  vessel  be 
found abandoned in a canal, or any cargo or goods carried in a Government vessel on a  canal, or 
stored on or in lands or warehouses occupied for the purposes of a  canal, be left unclaimed for a 
period of two months, the Divisional Canal-officer may take possession of the same. 

  The  officer  so  taking  possession  may  publish  a  notice  that,  if  such  vessel  and  its  contents,  or  such 
cargo or goods, are not claimed previously to a day to be named in the notice, not sooner than thirty days 
from the date of such notice, he will sell the same; and, if such vessel, contents, cargo or goods be not so 
claimed, he may, at any time after the day named in the notice, proceed to sell the same. 

  **Disposal of proceeds of sale.**—The  said  vessel  and  its  contents,  and  the  said  cargo  or  goods  if 
unsold, or, if a sale has taken place, the proceeds of the sale, after paying all tolls, charges and expenses 
incurred by the Divisional Canal-officer on account of the taking possession and sale, shall be made over 
to the owner of the same, when his ownership is established to the satisfaction of the Divisional Canal-
officer. 

  If the Divisional Canal-officer is doubtful to whom such property or proceeds should be made over, 
he may direct the property to be sold as aforesaid, and the proceeds to be paid into the district treasury, 
there to be held until the right thereto be decided by a Court of competent jurisdiction. 

###PART VII 

###OF DRAINAGE 

55. **Power to prohibit obstructions or order their removal.**—Whenever  it  appears  to  the  State 
Government  that  injury  to  any  land  or  the  public  health  or  public  convenience  has  arisen  or  may  arise 
from  the  obstruction  of  any  river,  stream  or  drainage-channel,  such  Government  may,  by  notification 
published in the Official Gazette, prohibit, within limits to be defined in such notification, the formation 
of  any  obstruction,  or  may,  within  such  limits,  order  the  removal  or  other  modification  of  such 
obstruction. 

  Thereupon  so  much  of  the  said  river,  stream  or  drainage-channel  as  is  comprised  within 
such limits shall be held to be a drainage -work as defined in section 3. 

56. **Power to remove obstructions after prohibition.**—The  Divisional  Canal-officer,  or 
other person authorised by the State Government in that behalf, may, after such publication issue 
an  order  to  the  person  causing  or  having  control  over  any  such  obstruction  to  remove  or  modify 
the same within a time to be fixed in the order. 

If, within the time so fixed, such person does not comply with the order, the said Canal-officer may 
himself remove or modify the obstruction; and if the person to whom the order was issued does not, when 
called  upon,  pay  the  expenses  involved  in  such  removal  or  modification,  such  expenses  shall  be 
recoverable by the Collector from him or his representative in interest as an arrear of land-revenue. 

57. **Preparation of schemes for works of improvement.**—Whenever  it  appears  to  the  State 
Government that any drainage-works are necessary for the improvement of any lands, or for the proper 
cultivation or irrigation thereof, 

  or  that  protection  from  floods  or  other  accumulations  of  water,  or from  erosion  by  a  river, 
is  required  for  any  lands,  the  State  Government  may  cause  a  scheme  for  such  drainage -works 
to  be  drawn  up  and  published,  together  with  an  estimate  of  its  co st  and  a  statement  of  the 
proportion of such cost which the State Government proposes to defray, and a schedule of the 
lands which it is proposed to make chargeable in respect of the scheme . 

58. **Powers of persons employed on such schemes.**—The  persons  authorised  by  the  State 
Government  to  draw  up  such  scheme  may  exercise  all  or  any  of  the  powers  conferred  on  the  Canal-
officers by section 14. 

59. **Rate on lands benefited by works.**—An annual rate, in respect of such scheme, may be 
charged,  according  to  rules  to  be  made  by  the  State  Government,  on  the  owners  of  all  lands 
which shall, in the manner prescribed by such rules, be determined to be so chargeable. 

  Such  rate  shall  be  fixed,  as  nearly  as  possible,  so  as  not  to  exceed  either  of  the  following 
limits :— 

     (1) six  per  cent.  per  annum  on  the  first  cost  of  the  said  works,  adding  thereto  the 
estimated  yearly  cost  of  the  maintenance  and  supervision  of  the  same,  and  deducting 
therefrom the estimated income, if any, derived from the works, excluding the said rate: 

     (2) in the case of agricultural land, the sum which under the rules then in force fo r the 
assessment  of  land-revenue,  might  be  assessed  on  such  land  on  account  of  the  increase  of 
the annual value or produce thereof caused by the drainage -work. 

  Such rate may be varied from time to time, within such maximum, by the State Government. 

  So  far  as  any  defect  to  be  remedied  is  due  to  any  canal,  water -course,  road  or  other 
work  or  obstruction,  constructed  or  caused  by  the  State  Government  or  by  any  person,  a 
proportionate  share  of  the  cost  of  the  drainage -works  required  for  the  remedy  of  the  said 
defect shall be borne by such Government or such person, as th e case may be. 

60. **Recovery of rate.**—Any such drainage-rate may be collected and recovered in manner provided 
by sections 45, 46 and 47 for the collection and recovery of water-rates. 

61. **Disposal of claims to compensation.**—  Whenever,  in  pursuance  of  a  notification  made  under 
section 55, any obstruction is removed or modified, 

  or whenever any drainage-work is carried under section 57, 

  all  claims  for  compensation  on  account  of   any  loss  consequent  on  the  removal  or 
modification of the said obstruction or the construction of such work may be made before the 
Collector, and he shall deal with the same in the manner provided in section 10. 

62. **Limitation of such claims.**—No  such  claim  shall  be  entertained  after  the  expiration  of 
one year from the occurrence of the loss complained of, unless the Collector is satisfied that the 
claimant had sufficient cause for not making the claim within such period. 

###PART VIII 

###OF OBTAINING LABOUR FOR CANALS AND DRAINAGE-WORKS 

63. **Definition of “labourer”**.—For  the  purposes  referred  to  in  this  Part,  the  word 
“labourer”  includes  persons  who  exercise  any  handicraft  specified  in  rules  to  be  made  in  that 
behalf by the State Government. 

64. **Power to prescribe number of labourers to be supplied by persons benefited by canal.**—In 
any  district  in  which  a  canal  or  drainage-work  is  constructed,  maintained  or  projected  by  the  State 
Government, the State Government, may, if it thinks fit, direct the Collector — 

  (a) to  ascertain  the  proprietors,  sub-proprietors  or  farmers  whose  villages  or  estates  are 
or will be in the judgment of the Collector, benefited by such canal or drainage -work, and 

  (b) to set down in a list, having due regard to the circum stances of the districts and of 
the several proprietors, sub-proprietors or farmers, the number of labourers which shall be 
furnished by any of the said  persons, jointly  or severally, from  any such  village  or estate, 
for  employment  on  any  such  canal  or  drainage-work  when  required  as  hereinafter 
provided. 

The Collector may, from time to time, add to or alter such list or any part thereof. 

65. **Procedure for obtaining labour for works urgently required.**—Whenever  it  appears  to  a 
Divisional Canal-officer duly authorised by the State Government that, unless some work is immediately 
executed,  such  serious  damage  will  happen  to  any  canal  or  drainage-work  as  to  cause  sudden  and 
extensive public injury, 

  and that the labourers necessary for the proper execution thereof  cannot be obtained in the 
ordinary  manner  within  the  time  that  can  be  allowed  for  the  execution  of  such  work  so  as  to 
prevent  such  injury,  the  said  officer  may  require  any  person  named  in  such  list  to  furnish  as 
many  labourers  (not  exceeding  the  number  wh ich,  according  to  the  said  list  he  is  liable  to 
supply) as to the said officer seems necessary for the immediate execution of such work. 

Every requisition so made shall be in writing, and shall state— 

  (a) the nature and locality of the work to be done; 

  (b) the number of labourers to be supplied by the person upon whom the requisition is made ; 
and 

  (c) the approximate time for which and the day on which the labourers will be required; 

and  a  copy  thereof  shall  be  immediately  sent  to  the  Superintending  Canal-officer  for  the 
information of the State Government. 

  The  State  Government  shall  fix,  and  may  from  time  to  time  alter  the  rates  to  be  paid  to  any  such 
labourers: 

  Provided that such rates shall exceed the highest rates for the time being paid in the neighbourhood 
for  similar  work.  In  the  case  of  every  such  labourer,  the  payment  shall  continue  for  the  whole 
period  during  which  he  is,  in  consequence  of  the  provisions  of  this  Part,  prevented  from 
following his ordinary occupation. 

  The State Government may direct  that  the  provisions  of  this  Part  shall  apply,  either 
permanently  or  temporarily  (as  the  case  may  be),  to  any  district  or  part  of  a  district  for  the 
purpose of effecting necessary annual silt -clearances, or to prevent the proper operation of a 
canal  or  drainage-work  being  stopped  or  so  much  interfered  with  as  to  stop  the  established 
course of irrigation or drainage. 

66. **Liability of labourers under requisition.**—When any requisition has been made on any person 
named in the said list, every labourer ordinarily resident within the village or estate of such person shall 
be liable to supply, and to continue to supply, his labour, for the purposes aforesaid. 

###PART IX 

###OF JURISDICTION 

67. **Jurisdiction under this Act of Civil Courts.**—Except  where  herein  otherwise  provided,  all 
claims against the State Government in respect of anything done under this Act may be tried by the Civil 
Courts; but no such Court shall in any case pass an order as to the supply of canal-water to any crop sown 
or growing at the time of such order. 

68. **Settlement  of  differences as to mutual rights and liabilities of persons  interested 
in water-course.**—Whenever  a  difference  arises  between  two  or  more  persons  in  regard  to 
their mutual rights or liabilities in respect of the use, construction or maintenance of a water-
course,  any  such  person  may  apply  in  writing  to  the  Divisional  Canal -officer  stating  the 
matter in dispute. Such officer shall thereupon give notice to the other persons interested that, 
on a day to be named in such notice, he will proceed to inquire into the said matter. And, after 
such  inquiry,  he  shall  pass  his  order  thereon,  unless  he  transfers  (as  he  is  hereby  empowered 
to  do)  the  matter  to  the  Collector,  who  shall  thereupon  inquire  into  and  p ass  his  order  on  the 
said matter. 

  Such order shall be final as to the use or distribution of water for any crop sown or growing 
at  the  time  when  such  order  is  made,  and  shall  thereafter  remain  in  force  until  set  aside  by  the 
decree of a Civil Court. 

69. **Power to summon and examine witnesses.**—Any  officer  empowered  under  this  Act  to 
conduct any inquiry may exercise all such powers connected with the summoning and examining 
of  witnesses  as  are  conferred  on  Civil  Courts  by  the  1Code  of  Civil  Procedure,  and  every  such 
inquiry shall be deemed a judicial proceeding. 

###PART X 

###OF OFFENCES AND PENALTIES 

70. **Offences under Act.**—Whoever, without proper authority and voluntarily, does any of the acts 
following, that is to say:— 

  (1) damages, alters, enlarges or obstructs any canal or drainage-work; 

  (2) interferes  with,  increases  or  diminishes  the  supply  of  water  in,  or  the  flow  of  water  from, 
through, over or under, any canal or drainage-work; 

  (3) interferes with or alters the flow of water in any river or stream, so as to endanger, damage or 
render less useful any canal or drainage-work; 

  (4) being  responsible  for  the  maintenance  of  a  water -course,  or  using  a  water-course, 
neglects  to  take  proper  precautions  for  the  prevention  of  waste  of  the  water  thereof,  or 
interferes with the authorised distribution of the water therefrom, or uses such water in an 
unauthorised manner; 

  (5) corrupts or fouls the water of any canal so as to render it less fit for the purposes for which it 
is ordinarily used; 

  (6) causes  any  vessel  to  enter  or  navigate  any  canal  contrary  to  the  rules  for  the  time  being 
prescribed by the State Government for entering or navigating such canal; 

  (7) while navigating on any canal, neglects to take proper precautions for the safety of the canal 
and of vessels thereon; 

  (8) being liable to furnish labourers under Part VIII of this Act, fails without reaso -
nable cause, to supply or to assist in supplying the labourers required of him; 

  (9) being  a  labourer  liable  to  supply  his  labour  under  Part  VIII  of  this  Act,  neglects,  without 
reasonable cause, so to supply, and to continue to supply, his labour; 

  (10) destroys or moves any level-mark or water-gauge fixed by the authority of a public 
servant; 

  (11) passes,  or  causes  animals  or  vehicles  to  pass,  on  or  across  any  of  the  works, 
banks  or  channels  of  a  canal  or  drainage -work  contrary  to  rules  made  under  this  Act, 
after he has been desired to desist therefrom; 

  (12) violates  any  rule  made  under  this  Act,  for  breach  whereof  a  penalty  may  be 
incurred. 

**Penalty.**—Shall be liable, on conviction before a Magistrate of such class as the State 
Government directs in this behalf, to a fine not exceeding fifty rupees, or to imprisonment not 
exceeding one month, or to both. 

71. **Saving of prosecution under other laws.**—Nothing  hereinafter  contained  shall  prevent  any 
person from being prosecuted under any other law for any offence punishable under this Act: 

  Provided that no person shall be punished twice for the same offence. 

72. **Compensation to person injured.**—Whenever any person is fined for an offence under this Act, 
the Magistrate may direct that the whole or any part of such fine may be paid by way of compensation to 
the person injured by such offence. 

73. **Power to arrest without warrant.**—Any  person  in  charge  of  or  employed  upon  any 
canal or drainage-work, may remove from the lands or buildings belonging thereto, or may take 
into  custody  without  a  warrant  and  take  forthwith  before  a  Magistrate  or  to  the  nearest  police -
station, to be dealt with according to law, any person who, within his view, commits any of the 
following offences:— 

  (1) wilfully damages or obstructs any canal or drainage-work; 

  (2) without  proper  authority  interferes  with  the  supply  or  flow  of  water  in  or  from  any 
canal  or  drainage-work,  or  in  any  river  or  stream,  so  as  to  endanger,  damage  or  render  less 
useful any canal or drainage-work. 

74. **Definition of “Canal”.**—In this Part the word  ‘Canal’ shall (unless there be something 
repugnant  in  the  subject  or  context)  be  deemed  to  include  also  all  lands  occupied  by  the  State 
Government  for  the  purposes  of  canals,  and  all  buildings,  machinery,  fences,  gates  and  other 
erections,  trees,  crops,  plantations  or  other  produce,  occupied  by  or  belonging  to  the  State 
Government upon such lands. 

###PART XI 

###OF SUBSIDIARY RULES 

75. **Power to make, alter and cancel rules.**—The State Government may, from time to time 
make rules to regulate the following matters:— 

  (1) the  proceedings  of  any  officer  who,  under  any  provision  of  this  Act,  is  required  or 
empowered to take action in any matter; 

  (2) the  cases  in  which,  and  the  officers  to  whom,  and  the  conditions  subject  to  which, 
orders and decisions given under any provision of this Act, and not expressly provided for 
as regards appeal, shall be appealable; 

  (3) the persons by whom, and the time, place or manner at or in which, anything for the doing, 
of which provision is made under this Act, shall be done; 

  (4) the amount of any charge made under this Act; 

  (5) and generally to carry out the provisions of this Act. 
The State Government may from time to time, alter or cancel any rules so made. 

  **Publication of rules.**—Such  rules,  alterations  and  cancelments  shall  be  published  in  the  Official 
Gazette, and shall thereupon have the force of law. 

###STATE AMENDMENT 

**Uttar Pradesh**

**Amendment of section 75 of Act VIII of 1873.**— Section 75 of the principal Act shall be re-numbered 
as sub-section (1) thereof, and the following shall be added as sub-sections (2) and (3) thereof ; 

  “(2) Without prejudice to the generality of the powers contained under sub-section (1), the rules 
may provide for — 

     (i) the particulars to be mentioned in the scheme repaired under this chapter; 

     (ii) the manner of implementation of the scheme; 

     (iii) the  manner  of  publication  of  the  scheme  and  giving  or  publishing  of  notice  under  this 
chapter ; and 

     (iv) the manner of doing or execution of such other things as can be, or may be, prescribed 
for giving effect to the provisions of this chapter. 

  (3) All rules made under this Act shall, as soon as may be after they are made, be laid before each 
House of the State Legislature while it is in session, for a total period of fourteen days extending in its 
one session or more than one successive sessions and shall, unless some later date is appointed, take 
effect, from the date of their publication in the Gazette, subject to such modifications or annulments 
as the two Houses of the Legislature may agree to make; so, however, that any such modification or 
annulment shall be without prejudice to the validity of anything previously done thereunder.” 

*[Vide* Uttar Pradesh Act V of 1963, s. 5] 

**Uttar Pradesh**

**Amendment of section 75.**—In  section  75  of  the  principal  Act,  in  sub-section  (1),  for  clause  (4),  the 
following clause shall be substituted, namely :— 

“(4) the amount  of  any  charges  made  under  this  Act  and  the  manner  in  which  they  shall  be 
realized ; and” 

*[Vide* Uttar Pradesh Act 22 of 1979, s. 3] 

 
 

*SCHEDULE.—[Rep. by the Repealing Act, 1873 (12 of 1873),  s. 1 and Schedule.]*