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Bengal Irrigation Act, 1876

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Bengal Act III of 1876 [THE BENGAL IRRIGATION ACT, 1376.1'

REPEALED IN PART . . Bcn. Act W of ISSO.

ENDED . . Ben. Act I of 1939.

REPMLED IN PAKT AND

AMMDW . . Acl 1 of 1903.

(a) The-Government of India (Adap- I alion of Indian Laws) Ordcr, 1937.

' ' L (b) The Adaplahon of Laws Ordcr, 1950.

[29rh Marcl~, 1876.1

An Act to provide for irrigatiori in the Provitrce subject to tlre Lievrarar~r-Goverrlor of Bengal.

WHEREAS it is necessary lo make provision for [he construction, wamble. maintenance and regula~on of canals, for the supply of water therefrom, and for h e levy of rales for water so supplied, in the provinces subject LO [he Lieulenant-Governor of Bengal;

PART I.

Preliminary.

1. This Acr may b e called Ihe Bengal Irrigation ACL 1876; Shon li~lc.

11 shall takc effect in lhose dislricls Z[in h e provinces] '[which were w exieni. on rhe twenry-ninh March, eighteen hundrcd and seventy-six, subject lo h e Lieutenant-Governor of Bengal] to which h e 4[Skle Governrnen~] shall exlend it by an order published in thes[Oflcial Gazette]; and-shall commence on the day which shall be in such order provided' for h e comn,. commencemenl hereof. I W ~ L

' ~ G I S U ~ PAPERS.-For Stalernenl or ObjecE and Rasons, see he "Culcurra Gucene" or 1875, PI. IV, page 76; Tor Repon of Selxr Cornminbe. ree ibid, page 334 and lor R o c d i n g s in Council. see ibid, 1875, Supplemcnt. pages 8 . 412, 1497, ibicf. 1876. Supplcmcnt, page 3 1.

Low. Emmr.-This Acc ral;es effcct in West Bengal disuim to which i t is clricndcd by order under section 1.

%is expression within square bnckels shall srmd unmndilied. Wde p m . 3 and the Eleventh ScMule of ihe Adnptnnon of Laws Order, 1950. .

.These words were substi~utcd Tor the words "subjecr ro h e Lieutenmi-Governor of Bengal" by p a n 3 and Sch. IV of tk Govcmrncnt of India (Adapralion of Indian Laws) Order, 1937.

'The words "Provincinl Government" were first subsriruted for [he words "said Licu~enmr-Covcmor". ibid. T h e r e a l m thc word "State' was substituted for thc word "PrOvincid* by pan. q 1 ) of lhe Adnpuuion of Lnws Ordcr. 1950.

T k e words were substirured for the words 'Culcunu Garcrrc" by p-ph 4(1) of rhc Govcmrncnt of lndi~ (Adapmtion of lndim b w s ) Order, 1937.

Tlre Berrgal Irrigario~i Act, 1876.

[Bcn. Act ILI

2. [Repeal of Acts.]-Rep. by s. 4 at~d Sclredrile Ill of rlre Arrlerrdirrg 9: Aa, 1903 (1 of 1903).

Inrerprcu- 3. In this Act, unlcss thcrc bc somcrhing repugnanl in [he subject or cantcxt.-- - "md." ( I ) "canal" includes-

(a) all canals, channels and rcscrvoirs hitheno consuucted, maintained or conmlled by Government for the supply or slorage of waler, or which may hereafter be consuuctcd, maintained or conlrolled;

(b) all works, embankments, structures, supply and escape- channels connected with such canals, channels or rcscrvoirs:

(c) all villagc-channels as defined in clause (2) of h i s scction;

(d) all drainage-works as defjned in clause (3) of [his section;

Ie) any part of a rivcr, s & c m , I&c, natural collection of watcr or natural drainage-channel to which [he '[State Governmen11 has applied ~ h c provisions of Part II of this Act, or O F which rhc walcr has been applied or used before the passing of this Acl for the purpose of any existing canal;

(r) all lands on thc banks of any canal as defined i n articles (a), (b), (c), (d) and (e) of his clause, which have been acquired by Government:

(2) "village-channel" means any channel by which water is led from a canal directly into [he fields lo be irrigated, and includes al l subsidiary works connected wilh any such channel, excepl the sluice or outlel through which waler is supplied from a canal ta such channel:

(3) "drainage-work" means any work in connection with a system of irrigauon which has been or may hcrcaiter be made or improved by the Govcrnmenl for h e purposes of the drainage of thc counuy, wherher under h e provisions of Pan IV of this ACL or orhewise. and includes cscam- - . channels from a canal, dams, wcirr, cmbankrnenrs, sluices, groins and olher works connected [herewith, but docs not indude works for the removal of sewagc from [owns:

(4) "flood-cmbankrncnl" means any embanh~en t constructed or mainlained by the 2[servan~s of the Govcmmcnt] i n connection with any syslcm of irrjga~ion-works for the' prolcction of lands from inundation, or which may be

'Thc words "Provincid Covenunenr" were firs1 substituted Tor l h t words 'Liculcnanl- Governot' by pmgnph 4(1)of IheGowmment of India (Adapotinnof Indian hw5)Order. 1937, Thcrcahcr h c word "Slate" WJS subsliluted Ior thr word "Rovincinl- by p a n 4(1) o f thc Adaptation o i h w s Order, 1950.

'The words "servants u l [he Crown" wcrc i m ~ substilulcd Ior the words "OITicers o f Govemmcn~" by p a n 3 and Sch. 1V o l h c Govemmcnt oTlndia(Adap~ationof Indian Laws) Order. 1937. Thcrcaftcr h c word "Govemmrn~" was subs~irutcd for Lhc word "Cmwn' by pan. 4( I) olihe Adapiaiion o f h w s Ordcr, 1950.

The Eengai irrigalio~l Act, 1876.

(Pan I.-Prelin~itrary.--Sec~ioes 4, 5.)

declared by h e I[State Government] to be rnainlained in conneclion with any such system; and includes all groins, spurs, dams and olher prolective works connected wirh such embankments:

(5) "Collector" means h e head-revenue-officcr of a disrricr, h~o~~cclorh

and jncludcs any officcr appointcd by the '[Stale Government] to exercise all or any of the powers of a Collector under this Act:

(6) "Court" means2* * + principal Civil Court of original ..Court." jurisdiclion: 3 * * * * *

unless when the '[Slate Government] has appointed (as 4[ i~] is hereby empowered to do), eilher specially for any case, or generally within any specified local limiu, a judicial officer to perform the functions of a Judge under this Act, and then the expression "Court" means lhc Court or such officer:

(7) "canal officer" means an oficer appointed under his Act a.c,,~. to exercise conk01 or jurisdic~ion over a canal or any pan ~fiar.'

hereor; and includes cvery officer to w h ~ m any or !he i

func~ions of a canal-officer under this Act have been assigned by h e '[State Government]:

(8) "secBon" means a scclion of this Acl: "Smion." ! (9) "owner" includes every person having a join! interest in wOincr:

~ h c owncship of [he thing spccilicd; and a11 rights and obligauons which attach to an owncr under the provisions of lhis Act shall ailach jointly and severally to every person having such joint interea i n the ownership.

Bcn. Acr V1 4. Nothing contained in h c Bcngal Embankment Act, 1873, shall ficmpljon of 1873. apply to any cam1 or flood-embankmenr as defined in this Act. rmm Ben@

Embanbncnt Acf .

5. The '[State Government] may from lime lo time declare by P O W F ~ to

nolificaiion in the s[Oficial Gazerre], the ofliccrs by whom, and Ihc z,!!:, local limits within which, all or any of [he powers or durics hcrcinarrcr conicrred or imposed shall be exercised or perrormcd.

'See Fool-notc I on pagc244,onfe. 'The words "in h c Regulation Provinces" wereomitted by pm. 3 and schedule IV of the

Government oClndia(Adaptation orIndian Laws) Order. 1937. 'Thc words "and, in thc Non-Regulalion Provinces, fhc Court o in Cornrnissioocr of a

Division" were omilcd by p m . 3 md Sch. IV or rhe Government or India (Adaptarion of Indim Lnws) Order, 1937.

'This wordwassubstituted forortheword "he"by paragraph 5(2)oftheGovemmcntof India (Adaptation of Indian hws)Ordcr, 1937.

jSee loor-nore 5 on page 243, mrte.

Tlre Bengol Irrigalion Act, 1876.

[Ben. Act I l l

Nolificalion -whcn walrr- supply ro bc applicd for public P w = .

Powers oi canal-ocliccr.

Nolice a 10 clims lor comperw- lign.

Norice ro occupiers.

(Part I/.-Of the Applicatiorl of Water for Psblic Prrrposes.- Secriorrs 6-9.)

PART 11.

Of the Application or Water for Public Purposes.

6. Whenevcr ii appears expedient to h e '[Stale Government] that the water of any river or stream flowing in a natural channel, or of any lakc or olhcr nalural collection of still waler, should be applied or used by h e Government for h purpose of any exisdng or projected canal,

thc '[SWIC Govcmmen~] may, by notification in rhe=[Oflcial Gazerre], declare b a r the said waler will bc so applicd or used after a day lo be named in h e said notification, not bcing carlier than lhree months from [he date hereof.

7. A1 any lime aher he day so namcd, any canal-officer acting undcr the ordcrs of the '[Slare Governmenl] in this behalf may entcr on any land and rcmovc any obsrructions, and may close any channels, and do my olher lhing ncccssary for such application or use of he said warer.

8. As soon as is praclicablc alter h e issue of such nolificadon, rhe Collectorshall cause public nouce lo be given at connvcnicnt places stating hat the Government intends to apply or use h e said waicr as aforesaid, and thai claims for compensation in respect of the malters menuoncd in section 11 may be made before him.

A copy of secdons 1 1,12 and 13 shall be annexed to every such notice.

9. Whcn any claim for compensalion is made before the Collector in accordance w i ~ h the Iasl preceding secdon. the Collector shall issue a notice requiring all persons inleresred in Ihc matler in rcspect of which compensation is claimed to appear personally or by agent' before him ai a time and place [herein rnen!ioncd (such rime not being earlier than fifieen days afier he date OF publication of Ihe ;lotice), and to state the nature OF their respecrive interests in thc propcrly affected, and the m o u n t and parliculars of their claims ro compensarion for such interests.

The Colleclor shaIl also serve notice ro the same effccl on thc occupier (if any) of [he land cntered on, and on such persons known or believe to be inrerested in h e matter in rcspcct of which compensation is claimed, or lo be enlitled lo act ror persons so interested, as reside within his district.

'See fool-nolc 1 on page 244,mre. :See fool-now 5 on page 243.utlrc.

(Port II.-Of the AppIicariorr of Warer for Prrblic Purposes.- Secliot~s 10, 11.)

10. Thc Collector may also require any person on whom a notice may be served under thc Illst preceding section, and who makes a claim for compensation in accordance herewith, lo deliver to him a shlerncnl containing, so far as may be practicable, lhc name of every other person possessing any interest in the propcrry affecled or any pan thcreof as co- proprietor, sub-proprietor, moriagagee, tenant or othcrwjse, and of the nalure of such interest, and of h e rcnl and profils (if any) rcccivcd or teceivabIe on account lhereof for rhc ycar nexr preceding the darc of he statemcnl.

If any person shall fail to comply within Ihc time fixed by the nolicc wilh a requisition made under this sccdon, the Collector may impose upon him such daily fine as he may hink fit, not exceeding fifiy rupees; and such fine shall be payablc daily unul the requisilion is complied with, and rhe CoIlector may proceed from Lime to timc lo levy h e arnounl which has become due in respccr of any such fine, nolwilhstanding (ha1 an appeal against [he order imposing such finc may be pending:

Provided that. whenever the amounl levied under any such order shall have excccded five hundred rupees, Ihc Collector shall rcporl h e case specially lo he Cornmissioncr, and no1 furiher levy in rcspect of such fine shall be made olhcrwisc lhan by authority of thc Commissioner.

Evcry person required to make or delivera statement undcr h i s section shall be deemed to bc legally bound to do so wilhin the meaning of

ACI XLV or sections 175 and 176 of h e Indian Penal Code. 1860.

ll. No compensation shall be awarded for any damage caused by- (a) sloppage or diminution of percolation or floods; (b) delerioralion of climate or soil; (c) sloppage of navigarion, or of h e means of rafiing timber or

watering caule. But compensation may be awardcd in respec1 of any of thc following

rnauers:- (d) stoppagc or diminution or supply or walcr through any

na~ural channel to any dcfincd artificial channel, wethcr above or underground, in use at h e dale of the issue of h e notifiaa~ion under sccuon 6;

(c) stoppagc or diminudon of supply of walcr ro any work erecred for purposes of profit on any channel, whether natural or anificial, in use at the date of the said nolification;

(t) stoppage or diminution of supply of water through any natural channel which'has been used for purposes of irrigation within the fivc years next before the da~c oi h e said notificarion:

PcnsIry Tor iailurc ID comply.

Pmon r e q u i d l o d c smemenw Icgdly bound ro do so.

D q c Tor ~ h i ~ h compcnsa- lion shall not be ~wnrded.

Maners in trspectol which c o 1 n v - [ion may !x awarded.

Cotnpnxi- lion for loss of 10!1s I JW rul IY l e t i d .

Diitunulion in rnwkc~. valuc to bc considcd.

Co!npcnm- [ion for loss o f drinking- wnlcr.

The Berrgal Irrigoriori Act. 1876.

[Ben. Act ILI

(Purr 1I.-Of the Applicafio~l of Water for P~rblic Purposes.- Sectior~s 12, 13,)

(g) damage done in respect of any right to a water-course or the usc of any water to which any person is entitled under the Indian Lirnita~ion Act, 1[1908]. Part IV; Ix of 1908. '

(h) any other substanual damage, not ralling undcr any of h e above clauses (a), (b) or (c), and causcd by [he excrcjse of the powers conferred by !his Act, which is capablc of being ascertained and csrimaled a1 the lime of awarding such compensalion.

Norwithstanding any~hing conraincd in clausc (c), compensation may bc awarded in respecr of kc loss of any rolls which wcrc lawfully Ievicd on any river or channcl at [he timc of the issuc of rhe notification rnentioncd in section 6.

In determining the amounr of compensation under this scction, regard shall bc had tothediminution in themarkel-value, at he timc of awarding compensation, of the propcny in respec1 of which compensation is claimed; and, wherc such market-value is not ascertainable, the amount shall be reckoned a1 ~welve timcs Ihe amounr of the diminuuon of the annual ner profits of such properly, caused by h e exercise of the powers conferred by rhis Act.

Nu right LO any such supply of waler as is referred to in clauses (dl, (e) or ( f ) of chis section in respect of a work or channcl not i n usc a[ he dale of Ihc notification, shall be acquired as against =[the Govcrnmen~,] cxcepl by gnnt or under thc Indian Limitation Act, '[1908], Pw

12. If any supply of drinking-water is substanlially deteriorated or diminished by any works undenakcn in accordante with a declara~ion made by thc j[State Gavernmcnl] under scction 6, the canal-officer shalI be bound LO provide within convenient distance an adequate suppiy of good driking-water in lieu of that so deteriorated or diminished, and no person shall bc entilled to chaim any Further cornpensadon in respecct of thc said deterioration or diminution.

13. No claim for cornpcnsalion for any such sroppagc, diminution or damagc shall be cn tertnined h e r thc cxpiralion of six months Imm such stoppage, diminution or damage, unlcss the Collector is satisfied that l h c claimant had sufficient causc for not making h e claim wirhin such period.

'This figure wm subsrilutcd lor the figure '187 I" by s. 2 md thc First Schcdule or dac Bcngd Repealing and Amending ACI. 1938 (Bcn. Act 1 oT1939).

'The words =tlx Crown* were fist rubsti~ured fwthz words "h Governmcnk" by p m 3 and Sch, W of h e Covemmcnt of Indin(Adapwrionof Indimhws) Ordcr, 1937.Thcdtcr lhc word"SW" w~subsuruled lor Lhewnrd " C w n " by pm.4(1) ofrhe Adapia~ionolhws Oder.1950.

1,- <. .- -..- 1 - , .. ,, 7 , ...,.

The Bellgal Irrigarion Acr, 1876. 249

(Purr 11.-01 die Applicariori o j Water for Prrlrlic Prrrporcs- Secriolu 14-18,)

14. On lhe day fixed i n he notice mentioned in seclion 9, rhe Callec~or shall proceed to inquire summarily into the claim and to determine he amoum of compensation which in his opinion should be allowcd herefor, and shall tender such amount to the pcrsons jnterestcd who have attended in pursuance of the notice given under section 9.

For h e purposc of such inquiry [he Collector shall have power to summon and enforcc [he atlendancc of wirnesses and to compel lhc production of dacumenrs by the samc means and, as far as may be, in h e

Acr v of same manner, u is provided in Ihc case of a CiviI Courl under the Code 1908. of Civil Procedure, '[1908].

15. Thc Collector may, iF no claiman1 auends pursuanr to thc notice, or if for any olher causc he thinks li~, from lime ro rimc, posrpone the inquiry to a day ro be fixed by him.

Inquiry imo clGm and render oleompcn- Sluon.

Power ro summon witnmes.

16. I f the Collcc~or and the persons intcrcsted agree as to h e amount A w d in

of cornpensallon lo be allowcd, thc Collector shall make an award under ::ifm- his hand for [he same. tion k i n g

agrcod on. Such award shall be filed in the Collector's orfice, and shall be A W ~ ~ ~ I O

conclusivc, as be~ween Ihe Collector and h e persons interesled, of the value of thc s i d property and he arnouni of cornpcnsauon allowed for cbikncc. he same.

17. If the Collector and thc pcrsons intcrcstcd do not agrcc as 10 c~uecror !he amount of compensation to be allowed, or if upon rhc said inquiry any question respecting the tit le to h c property of which the value has coww)rcn bccn diminished, Or any right [herelo, or interest lherein, arises bc~ween :?ram- or among two or more persons making conflicting claims i n respect acrmprd. thereof, Ihc Collector shall refer the mallet to the derermination of the Coun i n manner hereinaher provided.

18. If, when the Collcctor prcceeds to make h e inquiry as mentioned Collccror in sections 14 and 15, no claimant anends, or if any person whom h e ;.& Collcctor has reason 10 think intercstcd does not attcnd, h e Collector incemn shall hold a proceeding and rccord the following particulars:- GLUS.

(a) the naturc and extenl of the propcrty of which thc value has bccn diminished and in rcspecl of which compensation i s claimed, and thc characler and extent or h e damage dona;

(b) the names of [he persons whom hc has reason to think interested in such property;

'mis 6gum WJS inscncd by s. 1, nnd the Firs1 Schcdulc of h e Bengal Repealing nnd Arncndinv Acl 1WA Inen. Act 1 nf Is391

Tl~e Ber~gaI Irrigatios Acr, 1876.

[Ben. Act III

And to place unouni of com- pnmiion in deposit.

Objcclions 10 n~nouni ofcom- p n d o n Fincdby Collcclor.

P m a d ~ on rccc~pi olrelerentx undcr section 17.

( P ~ H 11.-Of lire Applicarion of Wdrer for Prrbiic P1irposes.- Sectiorrs 19-22.)

(c) the amount fixed by him as cornpcnsation; and, (d) k c grounds on which such amount was dclcrrnincd;

and shall pIace he amount so fixed by him in dcposil, Ihcm lo be held on accounL of h e pcrsons interested, and shall issue a noucc to thc pcrsons believed to bc inlcrested, informing [hem ha1 h e said amaunt has been deposiled as rcquired by this section, and that. should no application be made to [he Coun (as provided in the next succeeding seclion) within six weeks of thc issue of the notice on the last of the persons named therein, [he Colleclor will pay the amount lo any persons legally auhodzed to rcccivc and lo give an acquittance for h e samc.

19. Any person on whom notice may bc scrvcd under the same last preceding seclion, and my person interested in any properly in rcspecl of which such notice has been issucd, may, within six weeks of the service of such nolice, apply to the Court slaung his objcc~ion lo the amount of compensation as fixcd by he Colleclw under the last prcccding scclion, and he amount which he claims as cornpcnsation.

On receipt of such applicauon thc Court shall proceed to de~ennine ~ h c amouni of cornpensarion to be paid on account dl the claim and all orher mailers, as if a rcfcrence had been made lo i t under section 17.

20. In making refercncc under section 17 the Collector shall state, for the information of the Courl, the particulars menrioned in section 18.

21. On receipt of a reference under section 17 [he Court shall procecd, as far as may be praclicable, in accordance with seclions 19 lo 23 (jnclusivc), and scctions 26 lo 36 (incIusivc), of the Land Acquisition Act, 1870': X of 1870.

Providcd that, instcad of he last clause of ~ h c said scction 26, the Following shall bc rcad:-"The provisions of lhis section and of section 1 1 or the Bengal Irrigation Act, 1876, shall be rcad to cvcry messor in Ben. Act I I I a language which he understands, bciore he gives his opinion as ro hc 0"876.

amount of compensation lo be awarded."

22. Where [here are several persons jnteresred, ifsuch persons agrcc in the apportionment of the cornpcnsation, the particulars of such apportionment shall be specified in he award, whether such award be made by thc Colleclor orby [he Cour~, and as between such pcrsons the award shall bc conclusive evidencc of the correctness of rhc . .

'Ack X of 1870 w w rcpcalcd and reenacted by h e h d Acquisition Act, 1894 (I of 1894), md [his rcrcren~ should now bcconsirucd as arelerenceroscc~ions 20 to 22and 25 to 28 or Ihe lnncr Acr-recswrion 3 3 ) rhcmr

The Bellgal Irrigatior~ Acr, 1876.

(Purl II.-Of the Applicarion 01 Wafer for Priblic Prrrposes.- Secriorls 23-26.)

23. When thc amounl of compensalion has bccn scttlcd under scccion 16, if any dispute arises as to the apportionment of the samc or any part thereof, h e Colleaor shall refer such dispute to h e decision of llle Court.

All costs entailed by such a rcfcrcnce, and the proceedings of the Court thereon, shall be paid by [he panics who dispule [he apportionmen1 of [he compcnsarion, in such proponions as the Court may direcr, and the Colleclor shall no[ bc rcquircd to disburse any such cosu, nor shall any such costs be recovcrcd from the Colleclor.

24. Whcn thc mount of compensation has becn sctlled by the Court, and there is any dispute as to the apportionment thercof, or when a reference to [he Courl has bccn made under, [he Iast preceding scclion. thc Judge sitting along shall decide the proportions in which h e persons inlercslcd arc entitled to share in such amount.

An appcal shall lie from every such dccision to the High Court, unless the Judge whose decision is appealed from is not ~ h c District Judge, in which casc the appeal shall lie, in thc first inslance, lo the Dislricl Judge.

Evcry appcal under this seclion shall be presen~ed within, rhe time and in manner providcd by [he Code of Civil Pro~cdurc ,~[ l908] , lor rcgular appeals in suils.

25. Payment of the compensation shall be madc by be Colleclor in accordance with the award made by him under secrion 16; or the proceeding held by him under section 18, iF no applicalion be madc to he Coum as provided by section 19; or h e award madc by the Court or thc decision of h e Judge under section 21; or, in Ihc casc of an appeal. undcr scction 24, in accordancc with the decision in appeal, as Ihc case may be.

26. The amount of cornpensarion fixed by any award, proceeding or decision, as specified in the l m ~ prcceding section, shall be decmed to be the full amount payable by '[[he Govcmmcnt] in respecl of the claim dealt with herein; and2[rhe Government] shall no1 be Iiable for any further claim to any person whatever in rcspect of any maner which was h e subject of such award, proceeding or dccision; nor shall any such claim be made against '[the Government] in rcspect of the payment of any portion O F such compensation i n accordancc with any award, proceeding or decision as aforesaid, or in accordance with any decision ofthe Judge, or of h c District Judge, or of thc High Court in appeal. as rhe case may be, under secrion 24; and no suil shnll bc brought ro set asidc an award or decision under h i s Act.

'Tee foot-note 1 on pagc 249, mite. 'Srr foot-notc 2 on p g e 248, ante.

The Ber~gal Irrigotiotr Acr, 1876.

men. Act IU

Abvcmenr of rcnr on inrrmp- rionof water-

sup~ ly ,

Compcw- lion when due.

Col!ector nuy invest mounl dcpositcdor n w d e d in Gowrnmenr securities.

(Part II.-Of tile Applicariorr of Water for Pr~blic Ptirposes.- Sectiorrs 2 7-31.)

27. Nolhing conrained in rhe last preceding secdon shall affect thc liabili~y of any person who may receive !he whole or any pan of any compensation awarded under his Act to pay [he same lo thc person lawfully enutled thereto.

28. Evcry lenanl holding under an unexpired lease, or having a righr of occupancy, who is in occupation of any land at the time when any stoppage or diminuuon oi h e supply in respect orwhich cornpensadon is alloivcd under sccrion 11 takes place, may claim an aba~cment of thc rcnt previously payable by him for [he said land, on the ground that the intemplion reduces the value or [he holding:

Provided that no pan of the said compcnsation shall have been received by h e said renan! in rcspecl of such rrduclion in Ihc value of his holding.

29. IF a water-supply increasing the value of such holding is afterwards restored to the said land othcnvise than at rhe c o s ~ of thc lenant, h e renr of [he tenant may becnhanced. in respect oithe incrcascd valuc of such land due to h e restorcd water-supply, to an amount not excccding thal at which it stood immediately bcfore the abatement.

Such enhancemen[ shall be on accoufit only of rhc reslored water- supply, and shall not affect thc liability of h e tenant to enhanccmcnr OF rent on any orher grounds.

30. All sums of moncy payable for compensation under his Part shall become due thrce monrhs afrcr h e claim for such compensation is made in respect of the stoppage, diminution or damage complained of, and simple interes~ at thc rate o f six per cettrrrrn per o ~ i t ~ ~ i t t ~ shall bc allowed on any such sum remaining unpaid afrer the said h r e e monrhs, except whcre rhe non-payment of such sum is cbused by the wilful ncglec~ or rcrusal of thc claimant to receive he same:

Provided that the Collecmr may a1 any rime invest h e wholc or any portion of the amount payable as compcnsation under this Act in any Government securities, and such securilies shall bc held by the Collector for the bencfil of the persons interested, and the pcrsons interested shall be bound to receivc such securities with any interest which may havc accrued upon them as full payment of thc sum which the Collector paid Tor such securities. and of any sum which he may have paid as expenses incurred in purchasing !he same, and of any interest which might otherwise havc accrued on such sums.

31. No compcnsarion shall be claimable under this Acl in respect of any works executed before i t came inloforcc, or of any damage, injury or loss caused by such works.

The Bengal Irrigatior~ Act, 1876.

(Part !!.-Of rfle Applicatiori oJ Waterfor Plrblic Purposes.-Secriorr 32.- P a n !/I.--Of rlre Mair~retratice of Cu~ials.-Sectiorrs 33-35.)

32. Scrvice of any notice under this Pan shall be madc by delivering scrviceof

or tcndcring a copy lhercoi signed by the oFficer [herein rnentioncd. Whenever it may be practicable, thc scwice of the notice shall be

mndc on lhc pcrson thcrein named. When such person cannol bc found, the service may be made on any

' adult male mcmber of his Family residing with him; and i F no such adult male membcr can bc found, the notice may be served by fixing [he copy on the oulcr door of the house i n which the pcrson therein named ordinarily dwells or carrjcs on business; and, if such pcrson has no ordinary place of residence within Ihe dislrict, scrvice of any notice may be made by sending copy of such notice by post in a rcgislcred cover addressed to such person at his usual place of residence.

PART III. Of the Maintenance of Canals.

33. Whenever it shall be necessary to make any inquiry or m~ryfor examination in connecdon wilh a projected canal or with the mainrcnance iyuiw of an exisring canal, or wilh a projected flood-embankmenl or with thc main~cnance of an exiscing flood-embankment, any canal-offrcer or ohcr persDn acling under the general or spccial orders of a canal-oficer may enrer upon such land as he may think necessary for !he purpose, and may excrcisc all powers and do all things in respecl of such lands as hc might exercise and do il the Government had issucd a notification under

xor 1870. the provisions of section 4 of the Land Acquisition Act, 1870,' to the effect h a 1 Iand in hat localiry is likcly to be needed for a public purpose; and may ser upon and mainlain waler-gauges, and do all olher rhings necessary for the prosecuuon of such inquiry and examination.

34. Such canal-oficcr or orher person may also enter upon any Powerto land, building or village-channcl on accwnt of which any wa~er-rate is imwclm*

tegulare chargeable for Ihc purpose of inspecling or rcgulating the use of thc ,,, water supplied, or of measuring [he lands imgnicd thereby or chargeable supply- with a water-rate, and of doing all things ncctssary for the proper regulation and managemem of [he canal horn which such waler is supplied.

35. In case OF any accident bcing apprehended or happcning to a power to canal or flood-embankment, any canal-officer, or any person ac!ing cnrcrror

rrpaia, under his gcneral or spccial orders in h i s behalf, may enter upon any ,d,, lands adjacenr lo such canal or flood-embankmeni and may cxecute all pwvcnt

. works which may be ncccssary for h e purpose of prevenung such accidcnr, "CidC"'S.

or repairing any damage done. 'Acl X or 1870 was repcnled and rc.enacted by h e Land Acquisition Act, 1894 (1 of

18941, and th is rcfcrcncz should now be consmed a a relercnce fo sccrion 4 of the lartci ACI-.rrr section 2(3) thcrcor.

[Bcn. Act III

Notia to occuplcrof building. CIC.

Comwnra- tion for damage lo lmd.

Appcd h m C0llecl0f s decision lo Cornis- sloncr.

Callccror lo ccnily Govemrncnl iha~ mans orcrossing canals nnd dninagc have k e n prnvided.

(Par! I2I.-Of r l~e Mairlre~to~rce of Cutrals.-Secrio~~s 36-39.)

36. When such canal-officer or pcrson proposes, undcr the provisions of eilhcr of rhe thrcc last preceding seclions, ro enter into any building or enclosed court or garden allached 10 a dwelling-house no[ supplied with water flowing from any canal, and no1 being adjacent to a flood-embankment. he shall previously give lo the occupier of such building, court or garden such reasonable notice as the urgency of h e case may allow.

37. In every casc of entry upon any land or building under section 7, section 33, secdon 34 or section 35, h e canal-oFficer or person making the entry shall ascerlain and record h e nature of any crop, trcc, building or olhcr propeny to which dmagc has been done, and the extent of the damage done to any such properly, and shall tendcr cornpensacion lo proprie~m or occupiers for all damage done to the same by lhc entry or by any works execu~ed.

If such tcnder is not accepted, the canal-officer shall rcfcr Ihe mattcr ro [he Collcc~or, who shall hereupon give notice in writing ro [he person in!crested in such land and to the canal-officer, requiring [hcm ro atlend before him, on a date to be fixed in the notice, for the purpose of making inquiry as lo he amount of compensation.

38. Mer such inquiry as hc may think necessary, rhe Collector shall decide the arnwnl of compensation payable; and such decision shall bc subject to an appeal to h e Commissioner of h e Division:

Provided r h a ~ such appeal be presenled to the Commissianer, or to the Collector for transmission to [he Commissioner, within Ihmy days of the decision appealed agairlsr.

I f no such appcal be preferred, [he decision of the Collector, or, if such qppeal be prefemd, the decision of rhe Commissioner shall be final and conclusive.

39. Suilable means of crossing canals consuucled or maintained at the cost of Government shall be provided a[ such places as the I[State Government] thinks necessary for the reasonable convenience of the inhabikints of he adjaccnt lands; and suihble bridges, culvcrts or o~her works shall bc constructed to prevent the drainage of Ihe adjacent lands being obsuucted by any cmal.

On h e completion of any canal or of any convenien~ section of any canal the ~ollccior, after causing such inspection to be made as may be necessary, shall certiry 10 *[!he Srare govern men^] that suitable and suflicient means of crossing tha canal. and suirable and sufficient means " of drainage as aforesaid, have been provided; or shall report in what respects he provision made for h e abovc purposes i s defective; and if, at any lime aftcr he shall have given such cehfrcate, il shall be broughr to

'Src roof -nore 1 on page 244, ante. 'Thc words'fhe R o v i o d Govnment'mre I% s u ~ ~ u t c d f o r k woTdS-tk Governnml"

by p m 3 and Sch. 1V o1rheGovemmen~ofIn&a(Ad~~aljon oCIndimLws) Ordcr. 1937. Tkm[ter. h c word "Siate" wm subslitu~ed for h e word "Provincinl" by p a n . q1) or he Adaprarion of Laws Ordcr.'1950.

The Bengai Irrigatiotr Acr, 1876.

(Port IV-Of Draisage.--Secrio~ IS 40.42.)

his notice that Lhe provision made as above has proved insufficient, he Collector shall cause inquiry lo bc made into the circumstances of the case, and, if the slatemenl is es~ablshed, shall report his opinion [hereon for the considera~ion of [he [[Stale Govcrnmenr], and the '[Stale Government] shalI cause such measures in reference fierelo to be laken as 2[it] thinks proper.

PART TV.

Of Drainage,

40. Whcncver it appears lo the'[Stalc Governmcni] thal injury to the public health or publjc convenience, or lo any canal or lo any land for which irrigation h m a canal is available, has arisen or may arise from the obsuuction of any river, siream or natural drainage-course, rhc '[Slalc Government] may, by no~ifrcation published in the3[Oflcial Gazette], prohibit, within limi~s lo be defined in such notiticaliofl, Ihe fomauon of any such obstruction, or may, wilhin such limits, order [he removal or olher modification of such obsmclion.

Thereupon so much of thc said river, sueam or narural drainagc- channel as is comprised within such limits shall bc held to be a drainage- work as defined in secuon 3.

41. The canal-officer or other person aulhorized by the '[State Govcrnmentl in lhal behalf may, afler such publication, issue and order to Lhc person causing or having control over any such obstruction to remove or modify the same wihin a time to be fixed in h c order.

42. If, wilhin the lirnc so fixed, such pcrson does no1 camply w i h thc order, the canal-officer may cause the obsvucdon lo be removed or modified; and i f he person lo whom the order was issued does no[, when called upon, pay Ihe Expenses of such removal or modification, such expenses shall be recoverable as a demand '* * *

i Smte G o v c m n ~ m y pmhibit Iomt ion of obsuucfions wiLhin ccmn limits.

'See foot-now 1 on page 244,unrc.

!See roo1 -nore 4 on pagc245, uztte.

'See hot-no te 5 on page 243. anfc.

'ThereTercnrr to k n . ActVI1 of 1868, which wiu redd by [he Public Ilwrunds Rccowry Acl. I880 (Ben. Acl VII of 1880). is om~lted.

The Bengol Irrigario~r Acr, 1876.

[Ben. Act UI

\Vhm *" dnimgc- \vo* ncccswy, Sfa~c Govcrnmnl m y ordcr schcmc~okc dmwn up and cmied out.

Dispod or clirns ro co1npcw.a. tion.

Liouradonor such claims.

43. Whenevcr il appcars to [he '[State Government] lhar any drainage-works arc- necessary for fit public hcalih, or for h e improvemen1 or propcr cul~ivalion or irrigalion of any lands in dislricts lo which h e provisions of h e Bcngal Embanhent Act, 1873, do not apply, or tha! protcc~on from floods or othcr accumulations of water, or From erosion by a river, is required Tor any lands,

[he '[Slate Government] may cause a schernc for such works lo be drawn up and carried into execulion, and the pcrsons authorizcd,by thc '[State Government] 10 draw up and cxecute such schcme may exercise in connecrion therewith all or any of Ihe powers conferrcd on canal- officers by secuons 33,34 and 35, and shall bc liable co any or all of thc obligations imposed upon canal-officers by scctians 36 and 37.

44. Whencver, in pvrsuancc of a nolification made under scction 40, any obstmclion is removed or mdificd;

or, whencver any drainage-work is carried out under the last preceding section,

all claims for cornpensadon on accounr of any loss consequenl on rhe removal or modiiicauon of Ihe said obslmcrion, or the'consrruclion of such work, may be made bcfore the Collector and he shall dcal with h e same in the n~anncr provided in Part 11; bur no compensation shall be allowed for any damages arising from increasc of percoiation.

45. No such claim shall bc cnlertained af~cr the expiration of six monrhs from h e occurrence of h e loss complained of. unless he Collector is satisfied that the claimant had sufficicn~ cause for not making the claim within such perid.

PART v.

46. "Pcrson" in this Pm includes any number of pcrsons a c h g joindy.

47. The canal-oficcr shall keep a regincr of all village-channels, whether already exisling or construcied under [his ACL, and shall nolc herc con in rcspecL of cvery village-channel wherher i~ is a public channel maintained at he cosl of the Government, or a privatc channcl maintained at the cosr of the owners: and shall register [he nmes of [he owners of every such privare channel.

'Set foot-note 1 on page ?Qd, orlre.

Bcn. Acl Vl of 1873.

Tfre Bellgal Irrigorio~r Act, 1876.

A village-channel made an extension of, or a branch to, an existing village-channel shall be regislered as a separate village-channcl, and so much of h e 1ength.of any village-cbannel as lics within [he limits of any one village ortsarrm shall be cnlered on the registcr as a separate village- channel.

Every seclion of a village-channcl so separately entercd on h e register shalI be deemcd to be a separale villngc-channel in respec1 of all rights and liabililies imposed by [his Act:

Provided always ha[ , whenever i t shall scem Cil to h e canal-officer for any special reason to cnler upon his register as one village-channel a section of a village-channel which includes portions lying within two or more villages or martus, h e canal-officer may, w i h h e consent of the Collector obtained in writing, regisler such section as onc village-channel, and such secrion shall bc dccmed lo be one village-channel in respect of all rights and ljabililies imposed by chis Act.

Cnnd-olliccr may rcgiaer as O K villqc- channel section including porrions lying wilhin iwo orrnorc r i h g a .

4%. Any person may, w i h thc consent of h e canal-officer, acquire kK?"mY "1°F h e property in an existing village-channel for h e purposc of improving casung village-

i or maintaining it-

channel by I

(a) by taking over any village-channel belonging to '[the -mcnr. ! I

Government]; (b) by Iransfer or a villagc-channel from the owner hereof by 1 ' privale agreement. I I

49. Any person may, with the permission of a canal-oficer consuuci %TLW I a new village-channel if he has obraincd Ihe consenl of the owncr and i l l w occupiers of the land required therelor. channel.

50. Any person desiring Ihe construcLian of a new village-channel, AppIidon by pcrson

but bcing unable or unwilling to constnrct it under a private arrangement hiing with thc owners and occupiers of the land affecled, airnenlioned in thc ~onslruhon

of new lasr prcccding secljon, may apply in writing lo the canal-officer staring- ,itw- rhal he desircs Ihe said canal-officer, in his bchalf and at his cost. lo chmet.

do all lhings necessary for conslructing such village-channel; rhar he is ready to dcfray all costs necessary for acquiring the land

and c c m s ~ c ( i n g such village-channel.

51. If Ihc canal-officer considers the consbuclion of such village- channel expcdicnt, hc may call upon the applicant to dcposil any part of the expense such oficer may consider necessary,

and upan such deposit being made, shall cause inquiry lo be made into the most suitable alignment for the said village-channcl,

words "theCrownV' were firs[ substirurcd for he word "he Government" by pan. 3 md Sch. IV of h e Govemmnr or India (Adaptationof lndianhws) Order. 1937. Thc+cr. the word "Govemmnr" war subsurutd for Ihe word "Cmwn" by pan. 4(l)oftheAdapmuon o f h w s Order, 1950.

R o w d m whencanal- o m m considers m ~ m c u o n of village- chnel expedien~

The Betrgal Irrigatiorr Act, 1876.

[Ben. Act IXI

Norice ro pcison wishing to bc join1 owner.

and shall mark out the Iand which, in his opinion, it will be necessary to occupy for he construc[ion [hereof,

and shall fonhwith publish a notificalion i n every village through which the villagc-channel is proposcd lo bc [aken r h a ~ so much of such land as is situated within such village has been so marked out,

and shall send a copy of such notilicauon lo he Collector of cvery dislrict in which any part of such land is khown to bc siluate for publication on such land.

Such nolification shall also call upon any person who wishes to be admitled a joint owncr of such villagc-channel to makc his application in that rcspcci within thirty days of the publication of such notification.

If any such applicant appears, and his application is admitted, he shall be liable 10 pay his share in h e construction of such village-channel and in the cost O F acquiring such land, and shall be an owner of such village-channel consmc~ed.

52. On receipt of copy of such noufication, [he Collector shall. proceed to acquire such land under he provisions of [he Land Acquisition Acl, 1 8701, as iFa declaration had been issued by the Governmenr for [he acquisition hereof undcr scclion 6 of h a t Act, and u if h e Govcrnmcnt had thereupon dircctcd the ColIcctor to lake order for the acquisition of such land under sec~ion 7 of he said Acl, and (if necessary) as if [he Govcmment had issued orders for summary possession being taken undcr . secdon 17 of the said ACI.

53. On being pul in possession of h e land the canal-officer shall: conslrucr h c rcquircd villagc-channel; and on irs cornplelion shdl givc lo the,applicant notice hereof, and of any sum payabIe by him on account of the cost of acquiring h e land and consmcting the village-channel.

On such notice being given, such sum shall be due from the applicant to hc canal-oiliccr.

On receip~ of payment in full: of all expenses incurred, h e canal- officer shall make over possession of such village-channel to such applicant.

54. Whenever a canal-officer considers h a t the rransfer of a village- channel from the owner is necessary for h e proper management of h e irrigation from such village-channel, he may cause a notice to be served on [he regislercd owner to appear on a ceriain day, not less than fifteen days after service of nouce, and lo prekcr any objecrion to such uansfer.

'Act X of 1870 was remcd and recnacld by h e h d Acquisition Act. 1894 (1 of 1894). and this rcfcrcncc should now be cons~rued as a rererence 10 the lairer Acl-see secrion 2(3) k o i .

The Brngal Irrigatiorr Act, 1876.

Arrcr hearing such objection, h e canal-officer may ordcr t h a ~ such village-channel shall be uansferred 10 such pcrson as he may think Fit, and [hat such pcrson bc rcgistered as owner or the said village-channel:

Provided tha~ no pcrson shall be registered as rhc owner of a village- channel under this scction, unless he has expressed i n w i l ing his willingness l o be so registered, and until he has paid to the canal-oficcr such sum as may be fixed by the canal-officer under seclion 56.

55. Any pcrson wishing lo become [he joint awncr of an exisling Pcrsonmay Ir admit~cd villagc-channel may petirion the canal-officer io h a t effect, and on rcccipl owner .

of such pelition the canal-officcr may, if he thinks f i t , issuc a notice as orexisring village- provided in thc last preceding section upon the rcgistered owner, and, chmcl,

after hcaring any objeclion which the rcgistered owner may prefer against Ihe admission of such applicant to bc a joint owner, may direct that rhc applicanl shall be registered as such joint owner. i

56. h e n decidmg h e question of ti-ansfcr or of admission to joint ownership. under either of he ~ w o last preceding sections, the canal- oificer shall also delcrmine whal amounl shall be paid-

as the costs of the procccdngs; as compcnsa~ion lo the previous owners; and the amount so detcrmincd shall be due by the transferee, or h c

person admitted to rcgisrry as a joint owner, as the case may bc; and, on payment of such amount, h e village-channel shall be uansferred, or h e applicant shall be regislered as owner or as a join[ owner thereof, as the case may be.

Chd-aF6cer 10 fix sums p~yableon Lnnsrcror acquisition o r j o l r ownership. I

57. Insread of awarding payrnenl of compensation under thc 1x1 Gnal-omcer

preecding seclion, hecanal-officer may fix an amoun~ of rent lo be paid ~ ~ ~ ~ ~ . ~ - annually ID the previous owners by the persons to whom the village- channcl channel is transferred. Iransrcmd.

58. Every person- Ownership of village-

(a) acquiring a villagc-channel as provided in section 48; or - C~-CI .

(b) canstruc[ing a villagc-channel as provided in section 49; or

(c) rccciving possession of a village-channel as provided in scclion 53; or

(dl acquiring a village-channel by IransFer as provided in section 54; or

(e) being admitted to rcgisuation as joint owner in a village channel as providcd in scction 55,

shall bc dcemcd to bc an owncr of such village-channel.

Obtigauom md righls ol owncroi village- chmnel.

IFownrr OF v i l l q c - c h n e l Fils tOcIecutc work or rrpair md- omccrnuy doao.

The Bellgal Imgotiotr Act, 1876.

(Part V 4 f ~/Iage-c~~an~rels.--Sec~io~rs 59-61.)

[Ben. Act IIf

59. Evcry owner of a village-channel shall be bound-

(a) to constwcl and maintain all works necessary for the passage across such villagc-channcl of canals, village- channels, drainage-channels and public roads existing at the lime o i ils consmction, and or rhe drainage intercepted by it, and for affording propcr communications across it - for hc convcnience of h e occupanls of neighbourjng lands;

(b) lo mainlain such village-channel in a fit state of repair for h e convcyancc of watcr;

(c) lo allow [he use of it lo olhers on such [ems as may be declared equilable by rhc canal-officer as hereinafter

and shall be cnli~led-

(d) to have a supply or warer by such village-channel aL such rates and on such terms as are prescribed by thc rules madc by [he '[Slale govern men^] under seclion 99;

(e) to receive such rent for [he use of Ulc vilage-channel by other persons as the canal-oficer may award him.

60. If [he owner o i a village-channel fails lo fulfil Ihc obligalions mentioned in clauses (a) and (6) of h e last preceding sccuon, Ihc canal- ollicer may require him by notice to execule the necessary works or repairs within a period not bcing lcss than fiftecn days, and in [he event of railure may execute them on his behae

and al i expenses incurred by the e~ecution of such works or repair shall bc 3 sum duc by such owner lo Governrnenl;

and, if any such owncr who ha aIrcady failed on one occasion lo cxecutz such works or repairs when required to do so. and has lert them lo be executed on his bchalf by thc canal-officer, shall again fail lo execute any such works or repairs when required to do so; or if any such owncr shall rcfusc in any respect to fulfil the obligarion men~ioned in clause (c) of thc last preceding secuon. after having been required to fuIfi1 the same by a notice in writing irom the canal-oficer, the canal-officer may sttikc such village-channel off the register, and so disqualify it LO be any longer a medium for ~ h c convcyancc of canal-waler.

61. Any owner may resign his inreresr in a village-channel:

Provided such resignation be duly regislered in h e office of the canal- officer.

The Bargal Irrigatio~~ Act. 1876.

Part K-Of Village-chat~r~els.--Secfiorrs 62-67.)

62. Any owner of a village-channcl may, with h e consenr of h e O w n c r w I m l c r

' canaI-officer, lmnsfer his interest to any olhcr person: interest. Provided [hat [he liabilities of tho pcrson so transferring shall not

cease Lill such uansfer is registered in h e ofice of the canal-oFficer.

63. If any owner OF a village-channel dies, his legal reprcsentalivc p d u n : on may apply for registra~ion in his stcad. death of

owner or If no such applicalion for regislry be made wihin six weeks from the village-

deah of the said owner, the remaining registered owners of the village- ch-l.

channcl, if any, shall be deemed to be owners of the entirc intcrcs~ in h e - villagc-channel, unlil some olher person shall have cslablished his claim lo be registered as owner in place of thc deccascd.

If !he deceascd shall have becn the sole regislered owner, the canal- officer shall be dccmcd to be his representative for the purposes of this Pan, and shall exercise all rights and be bound by all liabilities which at~ached to the deceased in respect of his owncrship or rhe said village- channel, until some person shall havc eslablishcd his right to be regislered as owncr thereof in place of the deceased; and the canal-oficer shall !

account to such person [or all sums received and cxpcnded in h c cxcrcisc ! of the rights and discharge of the liabilirics which allached to the deceased in respect of such ownership. I

64. Whcn any person applies for regismtion under the three last -dun: !

preceding secdons, [he canal-oficer shall serve notice on the other z$zr regislered owners to prefer any objection to the resignation, transfer or mgismlion

successioh within fifteen dais, and, if no such objection shall be made, F ' : or if h e objections made be deemed invalid, shall order such resignation, ownu.

transfer or succession to be rcgistercd.

65. All join[ owners of a village-channel shalt be held lo have an Intcmtof equal intcrcst in it, unlcss, with the permission of h e canal-officcr, [hey o ~ n e ~ q u d

unler s regislcr spccific uncqual inleresls. unqud

i n r e m registcrcd.

66. Any person not an owner of a viHage-channel desiring to have supply or a supply of water through such village-channel, may make a privale

~ ~ ~ ~ D I m n g c m c n l with the owners for the conveyancc or walcr, or may apply owncr.

to !he canal-officcr for aulhori~y 10 use such village-channel.

67. On rcccip~ of such application hc canal-oficer shall scrvc noticc Canal-oRicxr

on the owners lo show cause why such permission should not be granled, =iorir and, if no objecuon be raised, or if any objections be raised and found supply. invalid, shall authorize he convcyancc or such supply on such conditions as may appear lo Iiim equitable.

Tlre Berrgal Irrigatiorl Acr, 1876.

men. Act IU

(Purl V-Of Village-cfratirrels.4ecriot1s 68-73.-Parr V1.- Of rhe Srrpply of Waref-4ecliorl 74.) '

~ ; m d f i c c r 68. The canal-officer shall also fix a sum as rent to bc paid far the 10 fix renl of village- use of such village-channel to the owner. chmnet. Such rent may be in hc fom of a percentage on the water-rare of lhe

person using the village-chame1, or otherwise, as may bc fixcd by rhe canal-officer.

Owncroi vitlagc- chmncl rcccivin~ supply through another v i l l q t - chmel .

Lnsralrn~nLs in which rent i s payable.

69. The owner of a vjIlngc-channel which receives i a water through another villagc-chnnncl may, ar the discrelion of the canal-officcr, cilher be declared a joint owner of such oher village-channel, or may be required 10 pay rent for he use of he same to rhe owncr rhcrcof, as provided i n thc last preceding section.

70. All renL payable under either of thc LWO l a s ~ preceding sections shall be deemed to be due in the same instalmenu and at the same periods a s the watcr-ratc is due, or in such other ins~alrnenls and at such othcr datcs as Ihe canal-officer may direct, and may bc collccled by h e canal- officcr on behalf of the person enutled to it, if rhc canal-officer rhinks Lt.

m - o f i m r 71. Any canal-oficcr collccling rcnr under the Iat preceding seclion 10 pay no ,,,than on behalf of any person entitled hereto shall be bound l o pay to rhe mount person cnutlcd to h e same no more than [he amount aclually collcclcd cdlc.flfd. by him as renl.

k d acquired no1

72. No land acquired undcr [his Pm for a village-channcl shall bc ,,beurad used Tor any other purpose withaul the consent of the canal-officer ror Other previous1 y obrai ned. p'''F=.

Ducs how 73. Every surn d e c l d to be due undcr this Part shall be recoverable r e ~ o v e d .

by the canal-offictr on behalf of Ihc '[Slalc Governrnenr] of h e person entilled to reccjve the same, and shall be held to be a demand ?* * * *,

PART VI. OF THE SUPPLY OF WATER.

Watcr supplied on 74. Eveq person desiring that watcr shall be supplied lo his land \vrii~cn .from a canal shall present a written application LO har effect to the canal- ~ ~ ' * ~ ~ ~ ' ' o o ~ i c e r , in the form given in Schedule B hcrcto annexed, or in a similar only.

The words "RPvincidGovcmrnent" wcrc Tmt subsututcd Tor Ihc word "Gov~mmtnr"by p m . 3 and Schedule IV of lhe Gommmenl of Indin (Ahpmljon of Indian hm) Ordcr, 1937. Themivx thc word "Swc" was substitu~cd Tor h c word "Provincinl" by p m . 4(1] ofthe Adaplruion ofLuws Order, 1950.

' ? h e ~ f e r c m to Bcn. Act VU of 1868, which was rcpcalcd by Ihc Public Demds Rmvery ACL 1880 (Bcn, A n VII of 1%80), is omittcd,

The Berg01 lrrigatio~l Act, 1876.

(Part VI.--Qj fire S ~ ~ p p l y of Watefi-Sectioris 75, 76.)

form, binding himself by the rules made by the l[Sla!e Government] ' under the powers vested in2[it] by this Act; and no person shall bc liable

to pay any rate or due whatever, on account of walcr supplied lo his land with the pcrrnission of the canal-officer, orhcrwisc than on such applicarion, nor shall rvaler be supplicd othcrwise than on such application.

75. Zl the application mentioned in rhe last preceding scction bc wrincn granted by [he canal-omcer, thc canal-ofliccr shall causc his permission

~ ~ ~ ~ ~ [ o to be recorded in the fonn given in Schedule C hereto annexed, or in some similar form, binding himself by the rules made by the '[State Govcrnmen~] as aforesaid.

76. All rules made by h e '[State Government] under section 99 shall be consislenl wilh the following condi1ions:-

(a) The canal-officer may not slop the supply of water 10 any village-channcl, or to any pcrson who is entilled to such supply, cxccpt in Ihc following cases:- ( I ) whenever and so long as il is necessary 10 slop such

supply for the purposes ofexecudng any work ordered by compelent aulhority;

(2) whenever and so long as any village-channel is not mainlained in such repair as to prcvcnL h e wasreful escape of water therefrom;

(3) whcncver and so long as it is necessary to do so in rorarion to supply [he legitimate demands of olher persons cntitlcd 10 waler;

(4) whenever and so long as i t may bc ncccssary to SLOP

Ihc supply in ordcr lo prcvent the waslage or misuse of water;

(b) No claim shalI bc madc3[againsl ~ h c govern men^] for cornpensalion in respect of Ioss caused by the failure or stoppage of h e waler in a canal. by reason of any cause bcyond thc conlrol 4[of he Slare Govcrnmem], or of any rcpairs, altcralion or additions to [he canal, or of any rncasures taken for regulaling he proper flow, of water therein, or for mainlaining the established course of irrigation which he canal-officer considers necessary; bul

R u l u subject toconditiaos rn t w w c r to slop wnlrr-suppl y.

Clilim I0

compem- lion in c a w of iailure or 51oppagc of supply.

'See fool-note I on page 244. atrrr. . "Ihis word was rubati~u[cd lor Qc word "him" by p g n p h S(2) ofhc govern men^ o f

Indin (Adapmtion of lndim Lnws) Order. 1937. 'The words "agirusr LhcCmwn"wue h s u M ~ v r l u l lorthewords "@nnIhcGo~rmmcnt"

by p m . 3 and Schcdule IV o f the Govemrncnt ofIndia (Adap~don of Indiin L s ) Order, 1937.Thcder. hc word "Cnvcmmcnt" wus subdtu~cd for he word "Cmwn" by pan. 4(1) ofthr Adapwlion of L w s Order, 1950.

'The words "Pmvincid&vcmmenr" wcrc rmr substituted ror h word "Govcmmenl" by p m . 3 md Sch. IV of rhc Govemmnr of lndio (Adupmrion of Indim Lnws) Order. 1937. Thedrer, theword "Swc" w a substitured Tor h word "Provincial" pq1) of fk Adaplnrion o l h w s Ordkr. 1950.

sdc orsub- leningof righr 10 usc canal-water,

conmcrs for w l e r m s r e d l e withland,

Charge far \mv;ller. how dcicrrnind,

nre Beltgal irrigarion Act, 1876.

p e n . Act LIl

(Purr VI.-Of the S ~ ~ p p l y oJ Water--Sectio11 77.-Part V1I.- OJ Warer-rures.-Secrion 78.)

the person suffering such loss shall bc entitled to such remission of thc ordinary charges payable for the use of the watcr as is aurhorized by h e '[Stale Government];

(c) IF the supply of water ro any Iimd irrigated from a canal be interrupted othenvise Lhan in the manner described in the last preceding clause, the occupier or owner of such land - may present n petition for cornpensalion to the Collector for any loss arising from such interruption, and h c Colleclor shall award to the petitioner rcasonable compensation for such loss;

(d) When the water of a canal is supplied for the irrigation of a singlc crop, [he permission lo use such water shall be held lo conunue only unlil that crop comes lo maturiv, and to apply only to that crop; but, if i l be supplied for irrjgdng two or more crops lo be raised on the samc land wirhin h e year, such permission shall be held to continue for one year from [he commencement of [he irrigation, and 10 apply to such crops only as ak matured within that year;

(e) No pcrson enlitled to use (he watcr of any canal, or any work, building or land appertaining to any canal, shall scll or sub-ler or otherwise uansfer his right to such use without h e permission of h e canal-~Hicer, but all contracls made betwecn Governmenr and the owner or occupier of any immovable property, as to the supply of canal water to such properly, shall be transferable therewith, and shall be presumcd to have been so uansfcrrcd whenever a transfer of such property takes place.

77. On application bcing made for a supply of walcr lo be used for purposes olher than rhose of irrigation, the canal-officer may give pern~ission for water 10 be laken for such purposes under such special conditions and restrictions as to ~ h c limi~auon and control of he supply as he shall Lhink proper to impose in each case.

PART W.

7%. The tales to be charged for canaI waler supplied for purposes of irrigation shall bc dctcrrnined by [he '[State G o v c m e n t ] and all persons accepting the waler shall pay for it accordingly.

'See foot-note t on pagc 244. ntrre.

The Bellgal Irrigariotr Act, 1876.

(Parr VII.-Of Warer-rates.-Secriolu 79-83.)

79. If water supplied through a village-channcI be used in an LiabiliV when person unaulhorizcd manner, and if the person by whosc acl or neglecl such use us1ngw;irer

has occurred cannot bc idenlificd, -Y cannot k

rhc persons on whose land such watcr has flawed, if such land has derived benefit therehorn,

or, if no land hw derived benefit therefrom, dl [he persons chargeable in respecl of the waler supplied h o u g h such village-channel in respect of the crop [hen on the ground,

shall be liable to tho charges made for such use, as determined by h e '[Slate Govcmmenll under section 99.

flO. If waler supplied through a village-channel be suffered to run Ljability when water

to waste, and if, afler inquiry by the canal-officer, the pcrson through ,,,,, whosc aci or neglect such water was suffered to run to waste cannot be w ~ c .

discovered, all h e persons chargcablc jn respect of thc waler supplied thrqugh such village-channel for h c crop then on the ground shall bc jointly liabie for ~ h c chargcs made in respect of the waler so wasrcd, as delemined by [he '[Slate Government] under section 99.

All questions arising under this and the last preceding secuon shall be decided by the canal-oficer, subject to the provisions of secuon 9 1 .

81. All charges for h e unauthorized use or lor waste of waler shall C W a r c m v d l e

be deemed to be waler-rale ?ue on thc crop, and may bc recovered as inddi,ionro such water-rate in addi~ion to any penallies incurred on account of such PCdtia-

use or wastc.

82. The canal-officer may enler into an agreement with any person PoWcr10 conrmcl ror

for the collection and paymenl lo h e Govemmcnl by such person of any ,~~,,j,,,f

sum payable undcr h i s Act by a third party. canaldue.

83. Any sum lawfully due under this Part either to the Government, Sum paydle under this

or to any person who has entcrcd into an agreement to col1eci dues for p m d 4 the Government and cedfied by the canal-oficcr to bc so duc, shall be ' ~ b e ~ n t -

decmcd to be rent payable on a parla or cngagernent in rcspect of the land irrigated, and shall bc recoverable as such by the person ro whom ir is payable:

Provided h a t h e claim (if any) for rent in respect of such land shall have priority over any claim for arrears of waler-rate so far as rcgards recovery of rent by the exercise of h e power of diswaint.

'See fool-no~e 1 on page 154. ~mlc .

The Bengal lrriga~iotr Act, 1876,

[Ben. Act III

t Pcrson who dislmins mny be callrd on I0 p d c c c nccounf.

Sccrions nor applying lo rmw.

Scnllcrnenr of dispulrs as to murunl rights and liabilities of persow intcrcs~cd in viltnge- chmncl.

Order passcd by Collector wd cand- o ~ ~ c c r t o E r n i n in force until set a i d c by Civil Cnun.

(Part VII..-Of Wafer-rares.-Secriot~s 84-86.-Part V1II.- Of Jvrisdictiorr.-Secriotis 87-89.)

84. I f any pcrson dishans half or more than half of any crop on account or which water-rate is due, such person shall be bound, on requisition by h e canal-officer, to furnish him wirh an accounl showing haw thc produce thus dislrained has becn approprialed in payment of such renr, and the canal-officer shalI be cndtlcd lo challenge such account before any Court cornpetcnl to rry suits for arrears of rent in respect of he land in queslion, and such C o u r ~ if i t finds that thc value of h e crop dislrained was in excess or h e amount of renL which has been due for a period not longcr lhan a year, togelher with the costs af rhc disuain~, may require the distrainer to pay the water-rale due on such crop.

85. Every mar of waler-rale which is due to Governmcnl, and every sum due 10 Governrnen~ by any person on accounl of collection of waler-rale, and every sum due to such pcrson on account of water-ratc and cerlified by thc canal-officer lo be so due, shall also be held to be a dcmandl* * * *.

86. Noihing in sections 82 lo 85 (inclusive) applies to fincs.

PART Vm.

Of Jurisdiction.

87. Whencvcr a dispule arises between two or more persons in regard ~o lhc i r mutual righrs orliabiliues in respect of rhe use, construction or mainrenance of a village-channel, any) such person inleresled may apply i n writing to the canal-officer stating he matter in dispute.

Such officer shall hereupon givc nouce lo h e other persons interested thal, on a day lo be named in such nouce, he will proceed to inquire inlo the said mattcr, and, arler such inquiry, he may pass his order thereon, or may tmnsfer h e rnatler 10 the Collector, who shall thereupon inquire into and pass his ordcr on h e said maller.

88. Whenever any disputc arises among joint owners of a village- channel as to thcir shares of expense or as lo h e mounts serverally conlribuled, or as to failure on Ihc part of any owner to contribute his share, the matter map bc decided after inquiry by the canal-oCficer or Collec~or, as provided in Ihe 1as1 preceding section.

89. Any order pxsed by Ihc ColIcclor, under eiher of thc two last preceding sections, and, subjecr lo h e provisions of section 91, any such order passed by a canal-officcr, shall rcmain in force until sel aside by he decree of a Civil Court, and may be execuled by any canal-officer as if i~ were a decree of the Civil Court.

'The rcrcrenrr to Ben. A n W of 1868. which wu ~ p l d by Lhc Public Demands R m m y Act. 1880 [Ben. A a VII or 1880). i s orniucd.

The Betrgal Irrigatio~r Act, 1876.

! 90. All suits arising out of h e exercise of the power of disrrain~ far ~urizdiclion

rccovcry of waler-ram, as ro suilri i s i n n OUI of

or o u ~ of any a m done under colour of the exercise of [he said power gwzpr of disuainl,

or by person in rcceipt of the water-rates against any agenls employed by them in h e colleclion of such water-rales, or [he sureries of such agenls for money received or for accounls kcpt by such agcnts in [he course of such employment, or for papcrs in thcir possession,

shall bc cognizable by the same Court or aulhorily as would have jurisdiclion if such walcr-ratcs were rent due ror the land irrigated.

91. Every order passed by a canal-officcr under Part V, Pan VI, APpwlnnd Par1 VII or Par1 WI of this Act shall be appealable to the Collector, supmaon.

provided h a [ the appeal be prescntcd within thirty days of [he date on which the canal-officer made the order appcalcd againsl; and no appeal shall lie against any proceeding or ordcr of ~ h c Collcctor undcr h i s Act, except as otherwisc expressly provided in this Act, but all such proceedings and orders shall be subjcc~ to rhe supervision and control of the Commissioner of the Division and of Ihc Board of Rcvcnuc, who may pass such order hereon as they may respectively rhink f i t .

I

92. Any officer empowcrcd under this ACL to conduct any inquiry Powcrlo I I

summon and may exercise all such powers conncctcd with thc summoning and ,,-,, examining of wi~nesses, as are conferred on Civil Courts by thc Code or wimaB.

A C I V O ~ Civil Procedure, I l l 9081: and every such inquiry shall be dccmcd a judicial , 1908. procceding. I

PART IX.

Of Offences and Penal ties.

93. Whoever, volunmily and withoul proper authority. does any of ~ $ ~ ~ f , h e acts following, h a t is lo say:-

( I ) damages, al~crs, enlarges or obstructs any canal or drainagc- work;

(2) inlerferes with, increases or diminishcs h e supply of waler in, or the flow of waler from, through, over or under any canal or drainage-work, or by any means raises or lowers the level of the walcr in any canal or drainagc-work;

'See foot-no!e I on page 249, artre.

The Balgal Irrigariotr Act, 1876.

[3en. Act III

(Part IX--01 Offences attd Pet1alties.--Sectios 94.)

(3) being responsible for the maintenance of a vil tage-channel, or using a villagc-channel, neglects to take propcr prccauuons for Ihe prevention of waste of the water hereof, or inlcrfcrcs with he authorized distribudon of rhc water IhcreCrom, or uses such waler in an un-aulhorized manner;

(4) cormpls or fouls the water o l any canal so as lo render it less fit for the purposes for which i~ is ordinarily used;

(5) desrroys, defaces or moves any level-mark or water-gauge fixed by he authori~y of a public servant;

(6) destroys or rcmovcs any appmms, or part of any apparatus, for con~olling or rcgulaung [he flow OF warer in any canal or drainage-work;

(7) passcs, or causes animals or vehicles lo pass, in or across any of the works, banks or channcls of a canal conuary 10

rules made under this Act after he has k e n dcsircd to dcsist lhcrcrrom;

(8) wirhout [he permission OF thc canal-officer causes, or knowingly and wilfully permits, any cal!le to graze upon any flood-cmbankmenls, or tethers, or causes or knowingly and wilFully pcrrnia any caulc lo be telhered upon any such embanhcnts, or rools up any grass or olher vegclalion growing on any such embankments, or removes. cuts or i n any way injures or causes 10 bc removed, cut or otherwise injured any trccs. bushes. grass or hedge intended for rho protection of such embankmenl;

(9) violales any ruIe made under the Act, for brcach whcreofa pcnalty may bc incurred,

shall, in casc the oflence shall not amount to mischicl wihin the meaning of thc Indian Penal Code, and on conviciion beforc a Magiskale, ACI mvor bc liable to a fine noL exceeding fifty rupecs, or to imprisonment For a 1860-

term not exceeding one month, or to both.

94. Whoever, withou~ the aurhority of rhe canal-officer,- (1) pierces or cub through. or attempts to pierce or cut through,

or olhenvise lo damage, descroy or endanger the slability of, any flood-cmbankmcnt;

(2) opens, shuts- or obslrucls, or arlempls LO open, shut or obs~rucl, any sIujce in any such embankment;

(3) makes any dam or other obstruction for [he purpose of divcrting or opposing the currenl of a. river on the banks whercof are flood-embankments, or refuses or ncglccts ro remove any such dam or obsrruclion when so rcquired by

- the canal-officer,

The Bellgal Irrigation Act 1876.

(Part 1X.-Of Oflerrces arid Pe~~alries.-Secriotrs 95-98.)

shall, in case the offence shall no1 amount to mischief within the ~ e d t y .

~ c i XLVO~ meaning of the Indian Penal Code, and on conviction before a Magistrate, I MO. be liablc lo a fine nol exceeding two hundred rupees, or to imprisonment

for a term not excceding six months.

95. Whenever any person is convicted of an offence under either of Obstruction I 0 bc the last I wo preceding scctions, thc convicling ~ a ~ i s k z i t e may order removcdmd

thar he shall remove the obsmction or repair the damage in respec1 of W c repaired.

which [he conviclion i s held within a period to be fixed in such order.

If such person neglecls or refuses to obey such order within the fixed period, the canal-officer may remove such obstruction, or rcpair such damage, and lhc cost of such rcmoval or repair shall be lcvicd horn such person by the Collector '[under the procedure provided by thc Bengal

Ben. Acr 111 OC 1913. Public Dcmands Rccovcry Act, 19 13, 'lor thc rccovcry of public

demands.]

96. Any person in chargc of, or cmploycd upon, any canal may Persons remove from the lands or buildings belonging [hereto, or may lake inro =$:;"," custody without a wariant and take forrhwilh before a Magisbale or ro lakc

o h d m the ncarcst police-station, to be dealt with ccording lo law, any person intocus,Ddy, who within his view commits any of [he fo1Iowing olfcnces:-

( 1 ) wilfully damages or obstructs any canal;

(2) wilhout proper aulhori~y interferes w i ~ h the supply or flow of waler in or From any canal or in any river or steam, so as to makc dangerous or render less useful any canal;

97. Nothing herein contained shall prcvenL any pcrson rrom bcing saving of

prosccutcd under any oher law for any offence punishable undcr this ~~~~~ Act: hws.

Providcd that no person shall be punishcd twice Tor ~ h c samc offcnce.

98. Whenevcr any pcrson is fined for an offence under this Act, Ihc Compcm- tian to ~ a g i s t r a t e may direcl ha1 Ihc whole or any pan of such fine may be rEon

paid by way of cornpensarion to my person who gave infomalion leading i n j u d .

lo [he dctecrion of such offence, or to [he conviction of the offender.

'These words and figure were substiturcd for h c words and figurn "'x a demxnd under scclion I oftheafomid Bcn. ACI VII of 1868" by s. 3 md sclicdulc I1 olrhc Amcnding Acr, 1903 (I of 1903).

TIE wordsmd figurc "rhcBengd PublickmnndsReco~rry Acl. 1913." weresubstituted for rhc words and figure "the Public &man& Recovery Acl. 1895" by s. 2 and h c Third Schedutc of thc Bcngal Repding and k n d i n g ACI, 1938 (Ben. Acl I of 1939).

Tlre Betrgal Irrigariot~ Act, 1876.

[Ben. Act IZI

d .

PART X.

Of Subsidiary Rules.

Powcr ro mnke, allcr

99. Thel[State Govtmmenr] may, from rime to time. make rules l o md cmccl regula~c [he following mauers:- rules.

(a) the proceedings oiany officer who under any provision of !his Act, is requircd or ernpowcrcd to take acdon in any maller;

(b) the cases in which, the offccrs to whom, and h e condi lions subjecl to which, orders and decisions given under any provision of this Act, and noL expressly provided for as regards appeal, shall bc appealable;

(c) h e person by whom, he hmc, place or manner at or in which, anything for [he doing of which provision is made in this Act shall be donc;

(d) ~ h c +ounr of any charge made undcr this Act;

(e) and generally lo carry o u ~ [he provisions of this Act.

Thel[State Government] may, &om time lo time, alter or cancel any rules so madc.

Publimlion Such rules, alterations and cancelmenr shall be published in he orrulcs. ?[Oficial Gazette] and shall lhcreupon have h e force of law:

Provided hat-no rules shall be made by lhel[Staie Govcmmenl] under the powers conferred on 3[il] by h i s seclion unliI draft of the same shall have been published in ~he~[OJicial Gazerte] for one month, aftcr which time thc '[Slate Government] may pass such ruIes as originally published, or with such alterations, addi~ions and omissions z J[it] may think f i ~ .

'See Toot. norc 1 on page 244, mlre.

'See foobno!c S on page 243, nirfe.

'See fool-note 2 on page 263. atlle.

'5te foot-notc 4 on page 245. arlfc.

The Betigal Irrigarioli Act, 1876.

(Schedrdes A, B.)

SCHEDULE A.

(Repeal of Berrgal Acls ViIi of 1867 at~d VI of 1869.)-Rep. by s. 4 arrd Sclred~rle 111 the Anlel J t r g Act, 1903 (1 of 1903).

SCHEDULE B.

(See scclion 74.)

Application Tor Water.

No. Mowza. Purgar~a. Canal. Village-channel. Name of owner of village-channcl. Name of applicant.

I, the undersigned, hcrcby apply lor water from he above-named village-channel for the fields and crops below detailed and I cngage to pay to the canal-oflicer, or othcr pcrson duly authorized lo reccivc [hem, the water-rates as prescribed by the '[Slate Government] under (he provisions of h e Bengal Irrigation Act, and I furher agrcc to abide by all the rules issued undcr hat Act:-

Dare.. .......................................... ............................................

No. of field in revenuc map.

'SIX fool-nore 1 on page 144. artte,

Acreage of field. Crop to be grown.

The Berigal Irrigatioll Acr, 1876.

[Ben. A C ~ In of 1876.1

SCHEDULE C.

(See sec~ion 75.)

Permission tu Take Water.

No. Perm i r or villagc

canal village-channel

for the underrnenlioned ficlds and crops:-

to lake water from

dues.

. .

Day of paymenl.