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Bengal Act III of 1876

(THE BENGAL IRRIGATION ACT, 1876.)
CONTENTS.

PART I.
Preliminary.
Section.
1 . Shorl utle.
Local exrent.
Commencement.
2. (Repealed.)
3. Inrerpre~ation-clause.
4. Exemption from Bengal Embankment Act.
5. Power to appoint officers.

PART TZ.
Of the application of water for public purposes.
6. Norification when water supply to be applied for public purposes.
7. Powcrs of canal officer.
8. Nolice as lo claims for compensation.
9. Conlcnts OF nolice.
Noticc to occupiers.
10. Power to require statcrncnls as to name and interests.
Pcnalty. for failure to comply.
Persons rcquired 10 make statements legally bound to do so.
I 1 . Damage for which cqmpensauon shall not be awarded.
Maucrs in respect of whlch compensation may be awardcd.
Compensation for Ioss of toll; IawfulIy levied.
Diminution in markel-value lo be considered.
12. Cornpcnsation For loss of drinking warer.
13. Limitauon of claims.
14. Inquiry into claim and render of compensation.,
Powcr lo summon wirnesses.
15. Postponement of inquiry.
16. Award in case of compensalion being agreed on.
Award lo be filcd and lo bc evidence.
17. Collector to rcfer matter to Coun when compensation not accepted.
18. Collcclor to record pmiculars in certain cases.
And 10 plncc amount of campensation in deposit.
19. Objecrions to amount of compcnsadon fixcd by Colleclor.
20. Procedure in making refercnce.
21. Procedure on receipt of reference under section 17.
22. ParticuIars of apportionment to be spccilied.
23. Dispurcs as LO apportionment.
24. Dclermination of proporlions.
Ap p a l .
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Tlre Bengal irrigatiorl Act, 1876.

[Ben. Act IIi

Paymcnt ofcon~pensation.
Govcrnment not liable to furlhcr claim.
Liabilily of person receiving compensalion not affccled.
Abarcmen~of renL on intemption of water-supply.
Enhancement of rent on restoration or water-supply.
Compensalion whcn duo.
Inlcrcsl.
Collector may invest amount deposited or awarded in Govcrnrncnt securities.
NOcompensalion in respecl of prior works.
Scrvice of nolicc.

PART UI.
Of the maintenance of canals.
33. Entry for inquiry.
34. Power to inspecl and rcgulalc wale[-supply.
35. Power to enter for repairs, and ro prcvenr acciden~s.
36. No~icero occupier of building. elc.
37. Compcnsalion for damage lo land.
38. Appeal from Collector's decision ro Cornrnissionef.
39. Government to provide mcans ofcrossing canals and drainage. I

Collector to cerliry to Govcrnmcn~[hat rncans of crossing canals and drainage havc been I
provided.

PART IV.
Of drainage.
40. Stale Governrncnt may prohibit formalion of obslructions within cerlain limits.
4 1. Canal-officer may issue noticc to person causing ohstrucuons.
42. Canal-officcr may cause obslructions 10 bc removed.
43. When drainage-works neccssaq. S~~eGovernmcnr may order scheme ro bedrawn upand
carried out.
44. Disposal of claims to compensation.
45. Limilarion or such claims.

PART V.
O i village-channels.
46. "Pcrson" defined.
47. Rcgisler of village-channels to be kcp~.
Extension or branch of villagc-channels to bc regislered.
Canal-officermay register as one village-channel scclion including portion lying w i h n
two or more villages.
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Section.
48. Person may acquire exisling village-channels by agrecmenl.
49. Construcuon of new village-channel.
50. Applicarion by person dcsiring construction of new village-channel.
51. Procedure whcn canal-olficcr considers consuuclion of village-ch-mnel expedienl.
Notice ro person wishing t e b e joint owner.
52. Collccror ro acquire land.
53. Procedure aficr construcrion of village-channel.
- 54. Canat-officermay direct transfer of village-channel.
55. Pcrson may bc admilrcd joint-owner of c~isringvillage-channel.
56. Canal-officer 10 iix sums payable on lmnsfcr or acquisilion of join! ownership.
57. Canal-orficer may fix rent for a village-channel uansferrcd.
58. Ownership of villagc-channel.
59. Obligadons and righLs of owncr of village-channcl.
60. Ir owner of village-channcl fails lo execute work or repair canal-officer may do so.
61. Resignation of ownership.
62. Owner may uansfer inrerest.
63. Procedure on dcalh of owner of village-channel.
64. Procedure whcn person applics for regismtion in lieu OF deceased owner.
65. Interest or owners equaI, unless unequal intcresls registered.
66. Supply of water lo person not owncr.
67. Canal-officer may authorize supply.
68. Canal-officer [O ix renl of village channel.
69. Owner of village-channel recciving supply k o u g h anolher village channel.
70. Instalments in which rcnl is payable.
71. Canal-officer lo pay na more than nmounr collected.
72. Land acquizd no1 lo be used for othcr purpose.
73. Dues how recovered.

PART W.
Of the supply of wakr.

74. Walcr supplied on written application only. I

75. Wriucn permission to be given.
76. Rules subjcct to condiuons as to-
(a) power ro stop walcr-supply;
(b) claims 10 compcnsarion In case 01failure or stoppage of supply;
(c) claims on account of inlermprion rrom olher causcs;
(dl duration ol supply;
(e) salc or sub-lening of right to use canal-water;
conuacls for water transrerable wirh land.
77. Canal-olficcr may supply warer for purposes other lhan rhosc of irriga~ion.
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Tlre Bellgal Ir'golion Act, 1876.

[Ben. Act III of 1876.1

PART W.
Of water-rates.
78. Charge for warer, how determined.
79. Liabili~ywhen pcrson using water unauthorizedty cannol be idenfied.
SO. Liabiliry when watcr runs lo waste.
8 1. Charges recoverable in addition 10penaldes.
82. Power lo conlracl for colleclion of canal-ducs.
83. Sum payable under his Part deemed to bc rent.
84. Person who d i s ~ a i n may
s be callcd an to produce accaunt.
85. Arrears of wa~er-raredeemed lo be demand.
86. Sccrions not applying to fines.

PART W.

87. Sculcmcnl of dispurcs as to mutual rights and liabili~iesof persons inkrested in village- I
channel. !
88. Dispule as lo sharcs and paymenu. i
89. Ordcr passed by Callectar and canal-offrccr to rcmain in force u n ~ lset aside by Civil i
Court,
90. Jurisdiction as to sui& arising out of powers of distraint.
9 1. Appeal and supervision.
92. Power to summon and examine witnesses.

PART IX.
Of ofTenee and penalties.
93. Offcnces under ACI.
Pcnalty.
94. Funhcr offences.
Pcnalty.
95. Obsu-uclion lo be removed and damage repaired.
96. Persons employed on canal may take offenders into custody.
97. Saving of prosc~utionunder other laws.
98. Cornpensahon ro person injured.

PART X.
Of subsidiary rules.
99. Power 10 make. alternnd cancel rules.
Publicalion of rules.
Schedule A. (Repealed.)
Schedule B.
Schedule C.
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LatestLaws.com

Bengal Act III of 1876

[THE BENGAL IRRIGATION ACT, 1376.1'

REPEALEDIN 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-

Ialion 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-Goverrlorof Bengal.
WHEREAS it is necessary lo make provision for [he construction, wamble.
maintenance and regula~onof 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[inh e provinces] '[which were w exieni.
on rhe twenry-ninh March, eighteen hundrcd and seventy-six, subject
lo h e Lieutenant-Governorof 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. IW~L

' ~ G I S UPAPERS.-For
~ Stalernenl or ObjecE and Rasons,see h e "CulcurraGucene"
o r 1875, PI.IV, page 76; Tor Repon of Selxr Cornminbe. ree ibid, page 3 3 4 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 it 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~utcdTor the words "subjecr ro h e Lieutenmi-Governor of
Bengal" by p a n 3 and Sch. IV of t k 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 l n d i ~(Adapmtion of lndim b w s ) Order, 1937.
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Tlre Berrgal Irrigario~iAct, 1876.

[Bcn. Act ILI

2. [Repeal of Acts.]-Rep. by s. 4 a t ~ dSclredrile Ill of rlre Arrlerrdirrg

9:
A a , 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
o r 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 cprovisions of Part II of
this Act, or OF 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 a l 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 ACLor 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 e m b a n h ~ e n constructed
t
o r mainlained by the 2[servan~sof the Govcmmcnt] i n
connection with any syslcm of irrjga~ion-worksfor 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 IheGowmmentof India (Adapotinnof Indian hw5)Order.
1937,Thcrcahcrh c word "Slate" WJS subslilutedIor 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~irutcdfor Lhc word "Cmwn' by
pan. 4( I) olihe Adapiaiion o f h w s Ordcr, 1950.
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The Eengai irrigalio~lAct, 1876.

(PanI.-Prelin~itrary.--Sec~ioes4, 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~~cclo
and jncludcs any officcr appointcd by t h e '[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
to exercise conk01 or jurisdic~ionover a canal or any pan
a.c,,~.
~fiar.' i
hereor; and includes cvery officer to w h ~ many or !he
func~ionsof 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 cowncship 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. rmm Ben@
apply to any cam1 or flood-embankmenr as defined in this Act. Embanbncnt
Acf .
5. The '[State Government] may from lime lo time declare by P O W Fto~
nolificaiion in the s[OficialGazerre], the ofliccrs by whom, and Ihc
local limits within which, all or any of [he powers or durics hcrcinarrcr
z,!!:,
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 i n 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"byparagraph 5(2)oftheGovemmcntof India
(Adaptationof Indian hws)Ordcr, 1937.
jSee loor-nore 5 on page 243, mrte.
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Tlre Bengol Irrigalion Act, 1876.

[Ben. Act I l l

(Part I/.-Of the Applicatiorl of Water for Psblic Prrrposes.-

Secriorrs 6-9.)

PART 11.
Of the Application or Water for Public Purposes.

Nolificalion 6. Whenevcr ii appears expedient to h e '[Stale Government] that

-whcn walrr-
supply ro bc the water of any river or stream flowing in a natural channel, or of any
applicd for
public
lakc or olhcr nalural collection of still waler, should be applied or used
Pw=. by h e Government for hpurpose of any exisdng or projected canal,
thc '[SWICGovcmmen~]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.

Powers oi 7. A1 any lime aher he day so namcd, any canal-officer acting

canal-ocliccr.
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 m y olher lhing ncccssary for such application or use of he said warer.

Nolice a 10 8. As soon as is praclicablc alter h e issue of such nolificadon, rhe

clims lor
comperw- Collectorshall cause public nouce lo be given at connvcnicnt places stating
lign. 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 11,12 and 13 shall be annexed to every such notice.

9. Whcn any claim for compensalion is made before the Collector

in accordance w i ~ hthe 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.
Norice ro The Colleclor shaIl also serve notice ro the same effccl on thc occupier
occupiers.
(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-nolc1 on page 244,mre.

:See fool-now5 on page 243.utlrc.
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(Port II.-Of the AppIicariorr of Warerfor Prrblic Purposes.-

Secliot~s10, 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 PcnsIry Tor
wilh a requisition made under this sccdon, the Collector may impose iailurc I D
comply.
upon him such daily fine as he may hink fit, not exceeding fifiy rupees;
and such fine shall be payablc daily unul the requisilion i s 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 Pmon
shall be deemed to bc legally bound to do so wilhin the meaning of r e q u i d lo
d c
ACI XLV or sections 175 and 176 of h e Indian Penal Code. smemenw
1860. Icgdly
bound ro
do so.
ll. No compensation shall be awarded for any damage caused by- D q c Tor
(a) sloppage or diminution of percolation or floods; ~ h i ~ h
compcnsa-
(b) delerioralion of climate or soil; lion shall not
(c) sloppage of navigarion, or of h e means of rafiing timber or be ~wnrded.
watering caule.
But compensation may be awardcd in respec1 of any of thc following Maners in
rnauers:- trspectol
which
(d) stoppagc or diminution or supply or walcr through any co1nv-
na~uralchannel to any dcfincd artificial channel, wethcr [ion may !x
awarded.
above or underground, in use at h e dale of the issue of h e
notifiaa~ionunder sccuon 6;
(c) stoppagc or diminudon of supply of walcr ro any work
erecred for purposesof 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 d a ~ coi h e
said notificarion:
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The Berrgal Irrigoriori Act. 1876.

[Ben. Act ILI

(Purr 1I.-Of the Applicafio~lof Waterfor P~rblicPurposes.-

Sectior~s12, 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~ionAct, 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.
Cotnpnxi- Norwithstanding any~hingconraincd in clausc (c), compensation may
lion for
loss of 10!1s bc awarded in respecr of kc loss of any rolls which wcrc lawfully Ievicd
I JWrul IY on any river or channcl at [he timc of the issuc of rhe notification
letid.
rnentioncd in section 6.
Diitunulion In determining the amounr of compensation under this scction, regard
in rnwkc~.
valuc to bc shall bc had tothediminution in themarkel-value, at he timc of awarding
considcd. 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 ~welvetimcs 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

Co!npcnm- 12. If any supply of drinking-water is substanlially deteriorated or

[ion for
loss o f diminished by any works undenakcn in accordante with a declara~ion
drinking- made by thc j[State Gavernmcnl] under scction 6, the canal-officer shalI
wnlcr.
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 Repealingand Amending ACI. 1938 (Bcn. Act 1 oT1939).
'The words =tlxCrown* were fist rubsti~uredfwthz words "h Governmcnk"by p m 3
and Sch, W of h e Covemmcnt of Indin(Adapwrionof Indimhws) Ordcr, 1937.Thcdtcr
lhc w o r d " S W " w~subsuruledlor Lhewnrd " C w n " by pm.4(1) ofrhe Adapia~ionolhws
Oder.1950.
1,- -..-
<. .- 1 - , .., 7 , ...,.
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The Bellgal Irrigarion Acr, 1876. 249

(Purr 11.-01 die Applicariori o j Waterfor Prrlrlic Prrrporcs-

Secriolu 14-18,)

14. On lhe day fixed i n he notice mentioned in seclion 9, rhe Inquiry

imo clGm
Callec~orshall proceed to inquire summarily into the claim and to and render
determine he amoum of compensation which in his opinion should be oleompcn-
Sluon.
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 Power ro
summon
summon and enforcc [he atlendancc of wirnesses and to compel lhc witnmes.
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.

16. I f the Collcc~orand 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
his hand for [he same.
::ifm-
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~weenIhe 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 title to h c property of which the value has coww)rcn
bccn diminished, Or any right [herelo, or interest lherein, arises bc~ween
or among two or more persons making conflicting claims i n respect acrmprd.
:?ram-
thereof, Ihc Collector shall refer the mallet to the derermination of the
Coun in 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
GLUS.
shall hold a proceeding and rccord the following particulars:-
(a) the naturc and extenl of the propcrty of which thc value has
bccn diminished and in rcspecl of which compensation is
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 o f h e Bengal Repealing nnd
Arncndinv Acl 1WA Inen. Act 1 nf Is391
 LatestLaws.com
LatestLaws.com

Tl~eBer~gaIIrrigatios Acr, 1876.

[Ben. Act III

11.-Of lire Applicarion of Wdrerfor Prrbiic P1irposes.-

(P~H
Sectiorrs 19-22.)

( c ) the amount fixed by him as cornpcnsation; and,

(d) k c grounds on which such amount was dclcrrnincd;
And to and shall pIace he amount so fixed by him in dcposil, Ihcm lo be
place held on accounL of h e pcrsons interested, and shall issue a noucc to thc
unouni
of com- pcrsons believed to bc inlcrested, informing [hem h a 1 h e said amaunt
pnmiion has been deposiled as rcquired by this section, and that. should no
in deposit.
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.

Objcclions 19. Any person on whom notice may bc scrvcd under the same last
10 n~nouni preceding seclion, and my person interested in any properly in rcspecl
ofcom-
pndon of which such notice has been issucd, may, within six weeks of the service
Fincdby
Collcclor. of such nolice, apply to the Court slaung his objcc~ionlo 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 camouni of cornpensarion to be paid on account dl the claim and all
orher mailers, as if a rcfcrence had been made lo it 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.

P m a d ~ 21. On receipt of a reference under section 17 [he Court shall

on rccc~pi
olrelerentx procecd, as far as may be praclicable, in accordance with seclions 19 lo
undcr 23 (jnclusivc),and scctions 26 lo 36 (incIusivc),of the Land Acquisition
section 17.
Act, 1870': X of 1870.
c scction 26, the
Providcd that, instcad of he last clause of ~ h said
Following shall bc rcad:-"The provisions of lhis section and of section
11 or the Bengal Irrigation Act, 1876, shall be rcad to cvcry messor in Ben. Act III
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~ions20 to 22and 25 to 28 or
Ihe lnncr Acr-recswrion 3 3 ) r h c m r
 LatestLaws.com

The Bellgal Irrigatior~Acr, 1876.

(Purl II.-Of the Applicarion 01Waferfor 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 m o u n t 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 District
c Judge, in
which casc the appeal shall lie, in thc first inslance, lo the Dislricl Judge.
Evcry appcal under this seclion shall be presen~edwithin, rhe time
and in manner providcd by [he Code of Civil P r o ~ c d u r c , ~ [ l 9 0 8 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 '[[heGovcmmcnt] 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 OF 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.
 LatestLaws.com

The Ber~galIrrigotiotr Acr, 1876.

men. Act IU

(Part II.-Of tile Applicariorr of Water for Pr~blicPtirposes.-

Sectiorrs 2 7-31.)

27. Nolhing conrained in rhe last preceding secdon shall affect thc
liabili~yof 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.
Abvcmenr 28. Evcry lenanl holding under an unexpired lease, or having a
of rcnr on
inrrmp- righr of occupancy, who is in occupation of any land at the time when
rionof any stoppage or diminuuon oi h e supply in respect orwhich cornpensadon
water-
sup~ly, is alloivcd under sccrion 11 takes place, may claim an aba~cmentof 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.
Compcw- 30. All sums of moncy payable for compensation under his Part
lion when
due. shall become due thrce monrhs afrcr h e claim for such compensation is
made in respect of the stoppage, diminution or damage complained of,
i t t ~bc
and simple interes~at thc rate o f six per cettrrrrn per o ~ i t ~ ~shall
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:
Col!ector Provided that the Collecmr may a1 any rime invest h e wholc or any
nuy invest
mounl portion of the amount payable as compcnsation under this Act in any
dcpositcdor Government securities, and such securilies shall bc held by the Collector
n w d e d in
Gowrnmenr for the bencfil of the persons interested, and the pcrsons interested shall
securities. 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.
 LatestLaws.com

The Bengal Irrigatior~Act, 1876.

(Part !!.-Of rfle Applicatiori oJ Waterfor Plrblic Purposes.-Secriorr 32.-

P a n !/I.--Of rlre Mair~retraticeof Cu~ials.-Sectiorrs33-35.)

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 o f 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 o r 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~cnanceof 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 1Iand 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-rateis 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 this rcfcrcncz should now be consmed a a relercnce fo sccrion 4 of the lartci
ACI-.rrr section 2(3) thcrcor.
 LatestLaws.com

[Bcn.Act III

(Par! I2I.-Of rl~eMairlre~to~rce

of Cutrals.-Secrio~~s36-39.)

Notia to 36. W h e n such canal-officer or pcrson proposes, undcr the

occuplcrof provisions of eilhcr of rhe thrcc last preceding seclions, ro enter into any
building.
CIC. 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.
Comwnra- 37. In every casc of entry upon any land or building under
tion for
damage lo section 7, section 33, secdon 34 or section 35,h e canal-oFficeror person
lmd. 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~mor 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.
Appcd h m 38. Mer such inquiry as hc may think necessary, rhe Collector
C0llecl0f s
decision lo shall decide the arnwnl of compensation payable; and such decision
Cornis- shall bc subject to an appeal to h e Commissioner of h e Division:
sloncr.
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.
If 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.
Callccror On h e completion of any canal or of any convenien~section of any
lo ccnily
Govemrncnl canal the ~ollccior,after causing such inspection to be made as may be
iha~m a n s necessary, shall certiry 10 *[!he Srare govern men^] that suitable and
orcrossing suflicient means of crossing" tha canal. and suirable and sufficient means
canals nnd
dninagc of drainage as aforesaid, have been provided; or shall report in what
have k e n respects he provision made for h e abovc purposes i s defective; and if, at
prnvided.
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 fcodr 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~edfor h e word "Provincinl"by p a n . q1) or he
Adaprarion of Laws Ordcr.'1950.
 LatestLaws.com

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~ionof [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,
i
40. Whcncver it appears lo the'[Stalc Governmcni] thal injury to Smte
the public health or publjc convenience, or lo any canal or lo any land Govcmn~
m y pmhibit
for which irrigation h m a canal is available, has arisen or may arise I o m t i o n of
from the obsuuction of any river, siream or natural drainage-course, rhc obsuucfions
wiLhin
'[Slalc Government] may, by no~ifrcationpublished in the3[Oflcial ccmn
Gazette], prohibit, within limi~slo be defined in such notiticaliofl, Ihe limits.
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 if 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 '*
* *
'See foot-now 1 on page 244,unrc.
!See roo1-nore4 on pagc245, uztte.
'See hot-no te 5 on page 243. anfc.
'ThereTercnrr to k n . ActVI1 of 1868, which wiu redd by [hePublic Ilwrunds Rccowry
Acl. I880 (Ben. Acl VII of 1880). is om~lted.
 LatestLaws.com

The Bengol Irrigario~rAcr, 1876.

[Ben. Act UI

\Vhm *" 43. Whenevcr il appcars to [he '[State Government] lhar any
dnimgc-
\vo* drainage-works arc- necessary for fit public hcalih, or for h e improvemen1
ncccswy, or propcr cul~ivalionor irrigalion of any lands in dislricts lo which h e
Sfa~c Bcn. Acl Vl
Govcrnmnl provisions of h e Bcngal Embanhent Act, 1873, do not apply, or tha!
of 1873.
m y ordcr protcc~onfrom floods or othcr accumulations of water, or From erosion
schcmc~okc
dmwn up by a river, is required Tor any lands,
and cmied [he '[Slate Government] may cause a schernc for such works l o be
out.
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.

Dispod or 44. Whencver, in pvrsuancc of a nolification made under scction

clirns ro
co1npcw.a. 40, any obstmclion is removed or mdificd;
tion. or, whencver any drainage-workis 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~anncrprovided in Part 11; bur no compensation shall be
allowed for any damages arising from increasc of percoiation.

Liouradonor 45. No such claim shall bc cnlertained af~crthe expiration of six

such claims. monrhs from h e occurrence of h e loss complainedof. 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 n m e s of [he owners of
every such privare channel.

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

 LatestLaws.com

TfreBellgal Irrigorio~rAct, 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 h a [ , whenever it shall scem Cil to h e canal-officer Cnnd-olliccr
may rcgiaer
for any special reason to cnler upon his register as one village-channel a as O K
section of a village-channel which includes portions lying within two or villqc-
channel
more villages or martus, h e canal-officer may,w i h h e consent of the section
Collector obtained in writing, regisler such section as onc village-channel, including
porrions
and such secrion shall bc dccmed lo be one village-channel in respect of lyingwilhin
all rights and ljabililies imposed by chis Act. iwo orrnorc
rihga.
4%. Any person may,w i h thc consent of h e canal-officer, acquire kK?"mY
h e property in an existing village-channel for h e purposc of improving "1F
casung i
or maintaining it- village-
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
privale agreement.
1
I
I
'

49. Any person may, with the permission of a canal-oficer consuuci

a new village-channel if he has obraincd Ihe consenl of the owncr and
%TLW
illw
I

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 gsuch village-channel.

51. If Ihc canal-officer considers the consbuclion of such village- Rowdm

whencanal-
channel expcdicnt, hc may call upon the applicant to dcposil any part of omm
the expense such oficer may consider necessary, considers
m~mcuon
and upan such deposit being made, shall cause inquiry lo be made of village-
into the most suitable alignment for the said village-channcl, chnel
expedien~
words "theCrownV'were firs[ substirurcd for h e word "heGovernment" 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.
 LatestLaws.com

The Betrgal Irrigatiorr Act, 1876.

[Ben. Act IXI

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.
Norice ro Such nolification shall also call upon any person who wishes to be
pcison
wishing to bc admitled a joint owncr of such villagc-channel to makc his application
join1 owner. 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 OF 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, 18701,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~ion7 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 (1of 1894).
and this rcfcrcncc should now be cons~ruedas a rererence10 the lairer Acl-see secrion 2(3)
k o i .
 LatestLaws.com

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 t h a ~no pcrson shall be registered as rhc owner of a village-
channel under this scction, unless he has expressed i n w i l i n g 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 [hejoint 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 fit, 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.

56. h e n decidmg h e question of ti-ansfcr or of admission to joint Chd-aF6cer

i
10 fix sums
ownership. under either of he ~ w olast preceding sections, the canal- p~yableon
oificer shall also delcrmine whal amounl shall be paid- Lnnsrcror
acquisition
as the costs of the procccdngs; orjolr
as compcnsa~ionl o the previous owners; ownership. I
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.

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

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

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.
 LatestLaws.com

The Bellgal Imgotiotr Act, 1876.

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

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

md righls ol
owncroi (a) to constwcl and maintain all works necessary for the
village-
chmnel.
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.

IFownrr OF 60. If [he owner o i a village-channel fails lo fulfil Ihc obligalions

villqc-
c h n e l Fils mentioned in clauses (a) and (6)of h e last preceding sccuon, Ihc canal-
tOcIecutc ollicer may require him by notice to execule the necessary works or repairs
work or
rrpair md- within a period not bcing lcss than fiftecn days, and in [he event of
omccrnuy railure may execute them on his behae
doao.
and ali expenses incurred by the e~ecutionof 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 o r 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~ionedin 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 s o disqualify it LO be any
longer a medium for ~ h convcyancc
c 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.
 LatestLaws.com

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 Owncrw I

mlcr
' 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~ionin his stcad. death of
owner o r
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-
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
-
ch-l.

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~achedto 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.

64. Whcn any person applies for regismtion under the three last -dun:
I
!
preceding secdons, [he canal-oficer shall serve notice on the other
regislered owners to prefer any objection to the resignation, transfer or
z$zr
mgismlion
successioh within fifteen dais, and, if no such objection shall be made,
or if h e objections made be deemed invalid, shall order such resignation,
Fownu.
':
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~ne~qud
unlers
regislcr spccific uncqual inleresls. unqud
inrem
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
~ ~ ~
m n g c m c n l with the owners for the conveyancc o r walcr, or may apply owncr.
to !he canal-officcr for aulhori~y10 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,
and, if no objecuon be raised, or if any objections be raised and found
=iori
supply.
invalid, shall authorize he convcyancc or such supply on such conditions
as may appear lo Iiim equitable.
 LatestLaws.com

Tlre Berrgal Irrigatiorl Acr, 1876.

men. Act IU

(Purl V-Of Village-cfratirrels.4ecriot1s68-73.-Parr V1.-

'
Of rhe Srrpply of Waref-4ecliorl 74.)
~;mdficcr 68. The canal-officer shall also fix a sum as rent to bc paid far the
10 fix renl o f
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 69. The owner of a vjIlngc-channelwhich receives i a water through
vitlagc-
chmncl another villagc-chnnncl may,ar the discrelion of the canal-officcr, cilher
rcccivin~ be declared ajoint owner of such oher village-channel,or may be required
supply
through 10 pay rent for he use of he same to rhe owncr rhcrcof, as provided in
another thc last preceding section.
villqt-
chmel.
Lnsralrn~nLs 70. All renL payable under either of thc LWO l a s ~preceding sections
in which rent
i s payable. 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~alrnenlsand 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-ofimr 71. Any canal-oficcrcollccling rcnr under the Iat preceding seclion
10pay 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 72. No land acquired undcr [his Pm for a village-channcl shall bc
acquired no1
,,beurad used Tor any other purpose withaul the consent of the canal-officer
ror Other previous1y obrai ned.
p'''F=.
Ducs how 73. Every surn d e c l d to be due undcr this Part shall be recoverable
re~oved.
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.
OFTHE SUPPLY
OF WATER.

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

The words "RPvincidGovcmrnent"wcrc Tmt subsututcd Tor Ihc word "Gov~mmtnr"by

p m . 3 and Schedule IV of lhe Gommmenl of Indin (Ahpmljon o f Indian h m )Ordcr, 1937.
Themivx thc word "Swc"was substitu~cdTor h c word "Provincinl" by p m . 4(1] ofthe
Adaplruion ofLuws Order, 1950.
' ? h e ~ f e r c mto Bcn. Act VU of 1868, which was rcpcalcdby Ihc Public D e m d s Rmvery
ACL 1880 (Bcn, A n VII of 1%80),is omittcd,
 LatestLaws.com

The Berg01 lrrigatio~lAct, 1876.

(Part VI.--Qj fire S ~ ~ p polfy 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 d u e 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 ~ ~ ~
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 R u l u subject

toconditiaos
shall be consislenl wilh the following condi1ions:- rn t w w c r
(a) The canal-officer may not slop the supply of water 10 any to slop
village-channcl, or to any pcrson who is entilled to such wnlrr-supply.
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 o f 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 govern
c men^] for Clilim I 0
cornpensalion in respect of Ioss caused by the failure or compem-
lion in c a w
stoppage of h e waler in a canal. by reason of any cause of iailure or
bcyond thc conlrol 4[of he Slare Govcrnmem], or of any 51oppagc of
rcpairs, altcralion or additions to [he canal, or of any supply.
rncasures taken for regulaling he proper flow, of water
therein, o r for mainlaining the established course of
irrigation which he canal-officer considers necessary; bul

'See fool-note I on page 244.atrrr. .

"Ihis word was rubati~u[cdlor Q c word "him" by p g n p h S(2) ofhc govern men^ o f
Indin (Adapmtion of lndim Lnws) Order. 1937.
'The words "agirusrLhcCmwn"wueh s u M ~ v r l ulorthewords
l "@nnIhcGo~rmmcnt"
by p m . 3 and Schcdule IV o f the Govemrncnt ofIndia ( A d a p ~ d o nof Indiin L s ) Order,
1937.Thcder. h c word "Cnvcmmcnt"wus subdtu~cdfor he word "Cmwn"by pan.4(1)
ofthr Adapwlion of L w s Order, 1950.
'The words "Pmvincid&vcmmenr" wcrc rmr substituted ror hword "Govcmmenl" by
p m . 3 md Sch. IV of rhc Govemmnr o f lndio (Adupmrion of Indim Lnws) Order. 1937.
Thedrer, theword "Swc"w a substitured Tor hword "Provincial" p q 1 )of fk
Adaplnrion
o l h w s Ordkr. 1950.
 LatestLaws.com

nre Beltgal irrigarion Act, 1876.

p e n . Act LIl

l y Water--Sectio11 77.-Part V1I.-

(Purr VI.-Of the S ~ ~ p poJ
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 il 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;
sdc orsub- (e) No pcrson enlitled to use (he watcr of any canal, or any
leningof work, building or land appertaining to any canal, shall scll
righr 10usc
canal-water, or sub-ler or otherwise uansfer his right to such use without
h e permission of h e canal-~Hicer,but all contracls made
conmcrs for betwecn Governmenr and the owner or occupier of any
wler
msredle immovable property, as to the supply of canal water to such
withland, 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~issionfor water 10 be laken for such purposes under such special
conditions and restrictions as to ~ h limi~auon
c and control of he supply
as he shall Lhink proper to impose in each case.

PART W.

Charge far 7%. The tales to be charged for canaI waler supplied for purposes
\mv;ller. how
dcicrrnind, 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.

 LatestLaws.com

The Bellgal Irrigariotr Act, 1876.

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

79. If water supplied through a village-channcI be used i n an

when person
LiabiliV
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

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 .
when water

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 chargcs
c 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 91.

81. All charges for h e unauthorized use or lor waste of waler shall C W a
rcmvdle
be deemed to be waler-rale ?ue on thc crop, and may bc recovered as inddi,ionro
such water-rate in addi~ionto 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 '~be~nt-
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~e1 on page 154.~ m l c .

 LatestLaws.com
LatestLaws.com

The Bengal lrriga~iotrAct, 1876,

[Ben. Act III

(Part VII..-Of Wafer-rares.-Secriot~s 84-86.-Part V1II.-

Of Jvrisdictiorr.-Secriotis 87-89.)
t
Pcrson who 84. I f any pcrson dishans half or more than half of any crop on
dislmins mny account or which water-rate is due, such person shall be bound, on
be callrd on
I0 p d c c c requisition by h e canal-officer, to furnish him wirh an accounl showing
nccounf. 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* * * *.
Sccrions nor
applying lo
86. Noihing in sections 82 lo 85 (inclusive) applies to fincs.
rmw.

PART Vm.
Of Jurisdiction.
Scnllcrnenr 87. Whencvcr a dispule arises between two or more persons in
of dispulrs as
to murunl regard ~ o l h c imutual
r righrs orliabiliues in respect of rhe use, construction
rights and or mainrenance of a village-channel, any) such person inleresled may
liabilitiesof
apply i n writing to the canal-officer stating he matter in dispute.
persow
intcrcs~cdin Such officer shall hereupon givc nouce lo h e other persons interested
viltnge-
chmncl. thal, on a day l o 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 1as1preceding section.
Order passcd 89. Any order pxsed by Ihc ColIcclor, under eiher of thc two last
by Collector
wd cand- preceding sections, and, subjecr lo h e provisions of section 91, any such
o~~ccrto order passed by a canal-officcr, shall rcmain in force until sel aside by
E r n i n in
force until he decree of a Civil Court, and may be execuled by any canal-officer as
set a i d c by if i~were a decree of the Civil Court.
Civil Cnun.
'The rcrcrenrr to Ben. A n W of 1868. which wu ~ p l by
dLhc Public Demands R mmy
Act. 1880 [Ben. A a VII o r 1880). i s orniucd.
 LatestLaws.com

The Betrgal Irrigatio~rAct, 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
~ any a m done under colour of the exercise of [he said power
or o u of
of disuainl,
gwzpr
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
supmaon.
Par1 VII or Par1 WI of this Act shall be appealable to the Collector,
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 Collcctor
c 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 fit.
I

92. Any officer empowcrcd under this ACLto 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.
ACIVO~ Civil Procedure, I l l 9081:and every such inquiry shall be dccmcd a judicial
, 1908. procceding. I

PART IX.
Of Offences and Penalties.

93. Whoever, volunmily and withoul proper authority. does any of

h e acts following, h a t is lo say:-
~ $ ~ ~ f
( 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 Ion page 249, artre.
 LatestLaws.com

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,

o r 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~yof a public servant;
(6) destroys or rcmovcs any appmms, or part of any apparatus,
for con~ollingor 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,
 LatestLaws.com

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 ~edty.
~ cX L
i VO~ 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 Iwo preceding scctions, thc convicling ~ a ~ i s k z i may
t e 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 Public Dcmands Rccovcry Act, 19 13, 'lor thc rccovcry of public
OC 1913.
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
ohdm
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~yinterferes w i ~ hthe 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
prosccutcd under any oher law for any offence punishable undcr this
Act:
~~~~~
saving of

hws.

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

c 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 emay direcl ha1 Ihc whole or any pan of such fine may be rEon
paid by way of cornpensarion to m y person who gave infomalion leading injud.
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 "'xa demxnd under
scclion I oftheafomid Bcn. ACI VII of 1868"by s. 3 md sclicdulc I1 olrhc Amcnding Acr,
1903 (I of 1903).
TIEwordsmd figurc "rhcBengd PublickmnndsReco~rryAcl. 1913." weresubstituted
for rhc words and figure "thePublic &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).
 LatestLaws.com
LatestLaws.com

Tlre Betrgal Irrigariot~Act, 1876.

[Ben. Act IZI

d.

PART X.
Of Subsidiary Rules.

Powcr ro 99. Thel[State Govtmmenr] may,from rime to time. make rules l o

mnke, allcr
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 condilions
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. ?[OficialGazette] 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~ionsand 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.
 LatestLaws.com
LatestLaws.com

The Betigal Irrigarioli Act, 1876.

(Schedrdes A, B.)

SCHEDULE A.
(Repeal of Berrgal Acls ViIi of 1867 at~dVI of 1869.)-Rep. by s. 4
arrd Sclred~rle111 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:-

No. of field in revenuc Acreage of field. Crop to be grown.

map.

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

The Berigal Irrigatioll Acr, 1876.

[Ben. A C In
~ of 1876.1

SCHEDULE C.

(See sec~ion75.)

Permission tu Take Water.

No.
Perm ir or villagc to lake water from
canal
village-channel
for the underrnenlioned ficlds and crops:-

dues. Day of paymenl.

. .