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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)

Northern India Ferries Act, 1878 Preamble 1

Title: Northern India Ferries Act, 1878

State: Central

Year: 1878

THE NORTHERN INDIA FERRIES ACT, 1878 [Act, No.17 of 1878] [AS ON 1959] [9th November, 1878] PREAMBLE An Act to regulate Ferries in Northern India. WHEREAS it is expedient to regulate ferries in {Subs. by the A.O.1950 for " the United Provinces, East Punjab, the Central Provinces, Assam, Delhi and Ajmer-Merwara ".} [Uttar Pradesh, Punjab, the Central Provinces, Assam, Delhi and Ajmer]; It is hereby enacted as follows:

Northern India Canal and Drainage Act, I873 Complete Act

Title: Northern India Canal and Drainage Act, I873

State: Central

Year: 1873

.....Procedure applicable to occupation for extensions and alterations Part IV Section31 - In absence of written contract water-supply to be subject to rules Section32 - Conditions as to Part V Section33 - Liability when person using unauthorisedly cannot be identified Section34 - Liability when water runs to waste Section35 - Charges recoverable in addition to penalties Section36 - Charge on occupier for water, how determined Section37 - Owners rate Section38 - Amount of owners rate Section39 - Owners rate, when not chargeable Section40 - When occupier is to pay both owners rate and occupiers rate Section41 - Power to make rules for apportioning owners rate Section42 - Power to make rules for apportioning owners rate Section43 - Effect of introduction of canal irrigation of landlords right to enhance Section44 - Water-rate by whom payable when charged on land held by several owners Section45 - Certified dues recoverable as land-revenue Section46 - Power to contract for collection of canal-dues Section47 - Lambardars may be required to collect canal-dues Section48 - Fines excluded from sections 45, 46, 47 Part VI Section49 - Detainer of vessels violating rules .....

Northern India Ferries Act, 1878 Complete Act

Title: Northern India Ferries Act, 1878

State: Central

Year: 1878

.....by auction Section9 - Recovery of arrears from lessee Section10 - Power to cancel lease Section11 - Surrender of lease Section12 - Power to make rules Section13 - Private ferry not to ply within two miles of public ferry without sanction Section14 - Person using approaches, etc., liable to pay toll Section15 - Tolls Section16 - Table of tolls Section17 - Tolls, rents, compensation and fines are to form part of revenues of State Section18 - Compounding for tolls Part III Section19 - Power to make rules Section20 - Tolls Part IV Section21 - Penalty for breach of provisions as to table of tolls, list of tolls and return of traffic Section22 - Penalty for taking unauthorised toll, and for causing delay Section23 - Penalty for breach of rules made under Section 12 and 19 Section24 - Concealment of lease on default or breach of rules Section25 - Penalties on passengers offending Section26 - Penalty for maintaining private ferry within prohibited limits Section27 - Fines payable to lessee Section28 - Penalty for rash navigation and stacking of timber Section29 - Power to arrest without warrant Section30 - Power to try summarily Section31 - Magistrate may assess.....

Northern India Ferries Act, 1878 Complete Act

State: Central

Year: 1878

.....regions of that State- M.P. Act 23 of 1958, Section 3(l). In its application to the Vidarbha region of the State of Bombay (now Maharashtra) this Act is repeated-Bom, Act 60 of 1959, Section 19(19-10-1959). 3. The Act was brought into force in Punjab on 1-4-1881, see Punj. Gaz., 1881, Pt. I. p. 139; in U.P. on l-l-1989, see N.W.P. and Oudh Gaz., 1878. Pt. I , p. 2035; in Assam, on 1-4-1897. see Assam Gaz., 1879, Pt. I. p. 187. 4. Added by 2 A.L.O., 1956 ( 1-11-1956). 5. Substitted for the words 'Provincial Government by A.L.O., 1950. 6. Substituted for the original Proviso by the Devolution Act, 1920 (38 of 1920), S. 2 and Schedule I, Part I. 7. Substituted for the word 'Provinces' by A.L.O., 1950. 8. The words 'and in any case where the said Local Governments fail to agree as regards the exercise of any such power they shall exercise such power subject to the control of the Governor-General in Council' were omitted by A.O., 1937 (1-4-1937). 9. Substituted for the words 'Provincial .Government' by A.L.O., 1950. 10. Inserted in the application of the Act to- The Uttar Pradesh by the Uttar Pradesh Local Boards Act, 1883 (14 of 1883), Section 65. The Punjab by the Punjab District.....

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.....

Northern India Canal and Drainage Act, I873 Part I

Title: Preliminary

State: Central

Year: 1873

.....canal which is included for the time being under Sch. I or Sch. II to the Punjab Minor Canals Act, 1905 (Punjab 3 of 1905), seesection2 (3) of that Act. The Act as been amended in Punjab by Punjab Act 19 of 1953. } [Utter Pradesh and the1[territories which, immediately before the 1stNovember, 1956, were comprised in the States of Punjab and Delhi]] and applies to all lands, whether permanently settled, temporarily settled, or free from revenue. {The commencement cl. was rep. by Act 16 of 1874. } _____________________________ 1. Substituted for "States of Punjab and Delhi" by 2.A.L.O. 1956, w.e.f. 01-11-1956. Section 2 - [Repealed] [Repeal of Acts.] Rep.by the Repealing Act, 1873 (12 of 1873)section1 and Sch., Pt.II Section 3 - Interpretation clause In this Act, unless there be something repugnant in the subject or context:-- (1) " canal " includes (a) all canals, channels and reservoirs constructed, maintained or controlled by the State Government for the supply 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.....

Northern India Canal and Drainage Act, I873 Section 1

Title: Short Title

State: Central

Year: 1873

This Act may be called the Northern India Canal and Drainage Act, 1873. It extends to {Subs. by the A. O. 1948, for the original words as amended by the A. O. 937. 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 (Punjab 3 of 1905), seesection2 (3) of that Act. The Act as been amended in Punjab by Punjab Act 19 of 1953. } [Utter Pradesh and the1[territories which, immediately before the 1stNovember, 1956, were comprised in the States of Punjab and Delhi]] and applies to all lands, whether permanently settled, temporarily settled, or free from revenue. {The commencement cl. was rep. by Act 16 of 1874. } _____________________________ 1. Substituted for "States of Punjab and Delhi" by 2.A.L.O. 1956, w.e.f. 01-11-1956.

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. .....

Northern India Canal and Drainage Act, I873 Section 10

Title: Enquiry into Claims and Amount of Compensation

State: Central

Year: 1873

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 a 15, 18 to 23 (inclusive), 26 to 40 (inclusive), 51, 57, 58 and 59 of the {See now the Land Acquisition Act, 1894 (1 of 1894).} Land Acquisition Act, 1870, 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."