8 Manual of Land Laws: Hs - Civil
8 Manual of Land Laws: Hs - Civil
8 Manual of Land Laws: Hs - Civil
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DRAI NAGE
ACT, 1873
ACT No. VIII OF
use and control for publicpurpos es the water of all rivers and streams
Local extent. It extends to [the Punjab]; and applies to all lands, whetherp e r
ntly settled, te 2.
1
[Repealed]L egal
Amendment s
1. Rep. by the Repealing Act, 1873 (XII
3. Interpretatio n-clause.
under the provisions of Part VII of this Act, but does notinclude
outlets and for a canalor portion of canal, for the assistance of the canal
PART II
PUBLIC PURPOSE S
5. Notification to issue
te, declare that the said water will be so applied or used after a day to
benamed in the said notification, not being earlier than three months
Canal and Drainage Act,1873 11 behalf, may enter on any land and
ter the issue of such notification, the Collector shall cause public notice
water through any naturalchann el which has been used for purposes of
irrigation within thefive years next before the date of the said
or the useof any water to which any person is entitled under the
shall not be awarded. Nocompensati on shall be awarded for any damage caused by-(a)
matters:-(i) any other substantial damage, not falling under any of the above
clauses(a), (b), (r) or (d), and caused by the exercise of the powers conferred by this Act,
which iscapable of being ascertained and estimated at the time of awarding such
value is notascertainab le, the amount shall be reckoned at twelve times the amount of
thediminution of the annual net profits of such property caused by the exercise of thepowers
conferred by this Act.and no right to any of the advantages referred to in clauses (a), (b)
9. Limitation of claims.
claim within such period. 10. Enquiry into claims and amount of
any such claim, and to determine the amount ofcompensati on, if any,
who isin occupation of any land at the time when any stoppage or
the rent previously payable by him for the said land,on theground
respect of the increased value ofsuch land due to the restored water-
forcompensa tion under this Part shall become due three months after
interest at the rate of six per cent per annum shall be allowedon any such
sum remaining unpaid after the said three months, except where
PART III
ANCE OF WORKS
14. Power to enter and survey, etc.
becompleted, such officer or other person may cut done and clear away
all damage done to the same. If such tender is not accepted, the Canal-officer
ng to use the water of any canal may apply in writing to the Divisional
before the Collector, be jointly andseverally liable for the cost of such
have not been providedon any canal, the Collector shall cause
If they fail, Canalofficer may construct. And if, after the receipt of
And recover cost. And if the said persons do not, when so required,
,he case; and shall, on the expiration of thatperiod, investigate the case
bepaid within a special filed period may, if not paid within such
show cause on a day not less than fourteendays from the date of such
the source of supply be chanced: and after making enquiry on such day
the link water course shall be aligned andconstruct ed, After the
ce of the said water course, all the persons affected by the change
ofsource of water supply, and the land owners through whose land
entitled to use the said water course until hehas paid the expenses of
supplied through it, and also such share of the first cost of such
determine.Th e applicant shall not be entitle to use the link water course
land for the said link water course has been acquired underthe
provisions of this Act.Such applicant shall also be liable for his share of cost
for a supply of water from a canal, andit appears to him expedient that such supply should be
given and that it should beconveyed through some exiting watercourse, he shall give
notice to the personsrespon sible for the maintenance of such watercourse to show cause, on a
day not lessthan fourteen days from the- date of such notice, why the said supply should
note be soconveyed: and, after making enquiry on such day, the Divisional
Canal-officer shalldetermine whether and on what conditions the said supply shall be
binding on the applicant and also on the personsrespon sible for the maintenance of the said
watercourse.Such applicant shall not be entitled to use such water-course until he has
being suppliedthrou gh it, and also such share of the first cost of such watercourse as the
20.B Cutting of supply for any land out being irrigated at site.----
Canal officer considersit expedient to terminate the water supply or any land
shall give notice of not less thanfourteen days to the land owners
why such supply should not be cut of, and after making enquiry,
behalf and at his cost,to do all things necessary for acquiring such land;
Old Section
21. Application for construction of new watercourse.
Any person desiringthe construction of a new watercourse may apply in writing to the
from the owners ofthe land through which he desires such water-course to pass, a right
tooccupy so much of the land a will be needed for such watercourse;(b) that he desires the
said Canalofficer, in his behalf and at his cost, to doall things necessary for acquiring such
right;(c) that he is able to defray all costs involved in acquiring such right andconstructin
g such watercourse.
most suitable alignment for the said watercourse, and shall mark
village has been so marked out, and shall send a copy of such
thanfourteen days from the date of such notice, why the said water course
entitled to use the said water course, until----(a) he has paid to the owner
Old Section
23. Application for transfer of existing water-course.
Any person desiringthat an existing watercourse should be transferred from its present owner
endeavoured unsuccessfully to procure such transfer fromthe owner of such watercourse;(2) that
he desires the said Canalofficer, in his behalf and at his cost, to doall things necessary for
procuring such transfer;(3) that he is able to defray the cost of such transfer.
transfer is necessary for the better management of theirrigation 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 theamount of any compensation that may become due
deposit being made, he shall publish a notice of the application inevery village, and
shall send a copy of the notice to the Collector of every district throughwhich
contained in the land Acquisition Act,1894 or any other law for the
time being in force all land within the provinceshall be liable to acquisition at
or transfer applied for.--Within thirty daysfrom the publication of a notice under section 22 or
section 23, as the case may be, anyperson interested in the land or water-course to which the
notice refers may apply to theCollector by petition, stating his objection to the
construction or transfer for whichapplicati on has been made.The Collector may either reject
the petition or may proceed to inquire into thevalidity of the objection, giving previous
notice to the Divisional Canal-officer of theplace and time at which such inquiry will be
held.The Collector shall record in writing all orders passed by him under this
sectionand the grounds thereof.Any person interested in the land, or the water-
course to which the notice refers,has a right to life objections and therefore the
construction of a water-course through that land althoughthat land although the are not the
ted in the land to which the notice refers, may apply to the
writing all orders passedby him under this Section and grounds
thereof the orders of the superintendi ngcanal officer shall be final and
Related
118 p. Maharashtra Land Revenue Code 1966 Dipesh Bothra 1535 Reads Next
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