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Northern India Canal and Drainage Act, I873 Part VI

Title: Of Canal-navigation

State: Central

Year: 1873

.....of 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, 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 of 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 the property seized. Section 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.....

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Northern India Canal and Drainage Act, I873 Section 50

Title: Recovery of Fines for Offences in Navigating Canals

State: Central

Year: 1873

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 {See now the Code of Criminal Procedure, 1898 (5 of 1898).} or, if the Magistrate imposing the fine so directs, as though it were a charge due in respect of such vessel.

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Northern India Canal and Drainage Act, 1873 Complete Act

State: Central

Year: 1873

.....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 the19 [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 property takes place; no right acquired by user : (f) No right to the use of the water of a canal shall be, or be deemed to have been acquired under the Indian Limitation Act, 1877, Part IV, nor shall the19 [State Government] be bound to supply any person with water except in accordance with the terms of a contract in writing. SECTION 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.....

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Northern India Canal and Drainage Act, I873 Part X

Title: Of Offences and Penalties

State: Central

Year: 1873

.....banks or channels of a canal or drainage-work contrary to rules made under this Act, a he has been desired to desist therefrom; (12) violates any rule made under this Act, for breach whereof a penalty may be incurred; 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.(Penalty.) 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 precaution 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.....

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Northern India Canal and Drainage Act, I873 Section 70

Title: Offences Under Act

State: Central

Year: 1873

.....banks or channels of a canal or drainage-work contrary to rules made under this Act, a he has been desired to desist therefrom; (12) violates any rule made under this Act, for breach whereof a penalty may be incurred; 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.(Penalty.) 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 precaution 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.....

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Northern India Canal and Drainage Act, I873 Preamble 1

Title: Northern India Canal and Drainage Act, 1873

State: Central

Year: 1873

THE NORTHERN INDIA CANAL AND DRAINAGE ACT, I873 [Act, No. 8 of 1873] [AS ON 1955] [11th February, 1873] PREAMBLE An Act to regulate Irrigation, Navigation and Drainage Northern India. WHEREAS, throughout the territories to which this Act extends, the State Government is entitled to use and control for public purpose the water of all rivers and streams flowing in natural channels, an of all lakes and other natural collections of still water; and whereas it is expedient to amend the law relating to irrigation, navigation an drainage in the said territories; It is hereby enacted as follows:-(Preamble)

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Northern India Canal and Drainage Act, I873 Part II

Title: Of the Application of Water for Public Purposes

State: Central

Year: 1873

.....shall apply to such inquiries: Provided that, instead of the last clause of the said section the following shall be read:"The provisions of this section a of section 8 of the Northern India Canal and Drainage Act, 18 shall be read to every assessor in a language which he understands before he gives his opinion as to the amount of compensation to awarded." Section 11 - Abatement of rent on interruption of water supply Every tenant holding under an unexpired lease, or having right of occupancy, who is in occupation of any land at the time when any stoppage or diminution of water-supply, in respect of which compensation 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 reduces the value of the holding.. Section 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. .....

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Northern India Canal and Drainage Act, I873 Part VII

Title: Of Drainage

State: Central

Year: 1873

.....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. Section 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. Section 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.....

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Northern India Canal and Drainage Act, I873 Section 55

Title: Power to Prohibit Obstructions or Order their Removal

State: Central

Year: 1873

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.

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Northern India Canal and Drainage Act, I873 Section 8

Title: Damage for Which Compensation Shall Not Be Awarded

State: Central

Year: 1873

.....in respect of which compensation 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 conferred by this Act. No right to any such supply of water as is referred to in clause (e), (f) or (g) of this section, in respect of a work or channel not use at the date of the notification, shall be acquired as against the State Government, except by grant or under the {See now the Indian Limitation Act, 1908 (9 of 1908)} Indian Limitation Act, 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.

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