The Northern India Canal and Drainage Act, 1873

This Act may be called the Northern India Canal and Drainage Act, 1873. Local extent.--It extends to 1[Uttar Pradesh and the 2[territories which, immediately beforethe 1st November, 1956, were comprised in the States of Punjab and Delhi]] and applies to alllands whether permanently settled, temporarily settled, or free from revenue. 3* * * * *

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

In this Act, unless there be something repugnant in the subject orcontext:-- (1) Canal.--canal includes-- (a) all canals, channels and reservoirs constructed, maintained or controlled by the StateGovernment for the supply or storage of water; (b) all works, embankments, structures, supply and escape channels connected with suchcanals, 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 naturaldrainage-channel, to which the State Government has applied the provisions of PartII of this Act; (2) Water course.--water course means any channel which is supplied with waterfrom a canal, but which is not maintained at the cost of the State Government, and allsubsidiary 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 orfrom erosion, formed or maintained by the State Government under the provisions of Part VIIof this Act, but does not include works for the removal of sewage from towns; 1(4) Vessel.--vessel includes boats, rafts, timber and other floating bodies; (5) Commissioner.--Commissioner means a Commissioner of a division, and includes anyofficer appointed under this Act to exercise all or any of the powers of a Commissioner; 2(6) Collector.--Collector means the head revenue-officer of a district, and includes aDeputy Commissioner or other officer appointed under this Act to exercise all or any of the powers ofa Collector; (7) Canal-officer.--Canal-officer means an officer appointed under this Act to exercisecontrol or jurisdiction over a canal or any part thereof; Superintending Canal-officer.--Superintending Canal-officer means an officer exercisinggeneral control over a canal or portion of a canal; Divisional Canal-officer.--Divisional Canal-officer means an officer exercising controlover a division of a canal; Sub-divisional Canal-officer.--Sub-Divisional Canal-officer means an officer exercisingcontrol 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]

The State Government may from time to time declare, by notificationin the Official Gazette, the officers by whom, and the local limits within which, all or any of the powersor 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 suchofficers 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]

Whenever itappears expedient to the State Government that the water of any river or stream flowing in a naturalchannel, or of any lake or other natural collection of still water, should be applied or used by the StateGovernment for the purpose of any existing or projected canal or drainage-work, the State Governmentmay, by notification in the Official Gazette, declare that the said water will be so applied or used after aday to be named in the said notification, not being earlier than three months from the date thereof.