The Irrigation Act, 1876

( ACT NO. III Of 1876 )

1An Act to provide for irrigation in Bangladesh.
  Preamble
 
 
 
WHEREAS it is necessary to make provision for the construction, maintenance and regulation of canals, for the supply of water therefrom, and for the levy of rates for water so supplied, in Bangladesh; It is hereby enacted:-
 

CONTENTS

SECTIONS

1. Short title

Local extent Commencement

2. [Repealed]

3. Interpretation-clause

4. Exemption from Embankment and Drainage Act

5. Power to appoint officers

6. Notification when water-supply to be applied for public purposes

7. Powers of canal-officer

8. Notice as to claims for compensation

9. Contents of notice

Notice to occupiers

10. Power to require statements as to name and interests

Penalty for failure to comply

Persons required to make statements legally bound to do so

11. Damage for which compensation shall not be awarded

Matters in respect of which compensation may be awarded

Compensation for loss of tolls lawfully levied

Diminution in market-value to be considered

12. Compensation for loss of drinking water

13. Limitation of claims

14. Inquiry into claim and tender of compensation

Power to summon witnesses

15. Postponement of inquiry

16. Award in case of compensation being agreed on

Award to be filed and to be evidence

17. Collector to refer matter to Court when compensation not accepted

18. Collector to record particulars in certain cases

And to place amount of compensation in deposit

19. Objections to amount of compensation fixed by Collector

20. Procedure in making reference

21. Procedure on receipt of reference under section 17

22. Particulars of apportionment to be specified

23. Disputes as to apportionment

Appeal

24. Determination of proportion

Appeal

25. Payment of compensation

26. Government not liable to further claim

27. Liability of person receiving compensation not affected

28. Abatement of rent on interruption of water- supply

29. Enhancement of rent on restoration of water-supply

30. Compensation when due Interest

Collector may invest amount deposited or awarded in Government securities

31. No compensation in respect of prior works

32. Service of notice

33. Entry for inquiry

34. Power to inspect and regulate water-supply

35. Power to enter for repairs, and to prevent accidents

36. Notice to occupier of building, etc.

37. Compensation for damage to land

38. Appeal from Collector's decision to commissioner

39. Government to provide means of crossing canals and of drainage

Collector to certify to Government that means of crossing canals and drainage have been provided

40. Government may prohibit formation of obstructions within certain limits

41. Canal-officer may issue notice to person causing obstructions

42. Canal-officer may cause obstructions to be removed

43. When drainage works necessary, Government may order scheme to be drawn up and carried out

44. Disposal of claims to compensation

45. Limitation of such claims

46. "Person" defined

47. Register of village- channels to be kept

Extension or branch of village- channel to be registered

Canal-officer may register as one village channel section including portions lying within two or more villages

48. Person may acquire existing village-channel by agreement

49. Construction of new village-channel

50. Application by person desiring construction of new village-channel

51. Procedure when canal-officer considers construction of village-channel expedient.

Notice to person wishing to be joint owner

52. Collector to acquire land

53. Procedure after construction of village-channel

54. Canal-officer may direct transfer of village-channel

55. Person may be admitted joint owner of existing village- channel

56. Canal-officer to fix sums payable on transfer or acquisition of joint ownership

57. Canal-officer may fix rent for a village-channel, transferred

58. Ownership of village-channel

59. Obligation and right of owner of village-channel

60. If owner of village-channel, fails to execute work or repair canal-officer may do so

61. Resignation of ownership

62. Owner may transfer interest

63. Procedure on death of owner of village-channel

64. Procedure when person applies for registration in lieu of deceased owner

65. Interest of owners equal, unless unequal interest registered

66. Supply of water to person not owner

67. Canal-officer may authorize supply

68. Canal-officer to fix rent of village-channel

69. Owner of village-channel receiving supply through another deceased village-channel

70. Instalments in which rent is payable

71. Canal-officer to pay no more than amount collected

72. Land acquired not to be used for other purpose

73. Dues how recovered

74. Water supplied on written application only

75. Written permission to be given

76. Rules subject to conditions as to-

(a) power to stop water-supply;

(b) claims to compensation in case of failure or stoppage of supply;

(c) claims on account of interruption from other causes;

(d) duration of supply;

(e) sale or sub-letting of right to use canal-water; contracts for water transferable with land

77. Canal-officer may supply water for purposes other than those of irrigation

78. Charge for water, how determined

79. Liability when person using water unauthorizedly cannot be identified

80. Liability when water runs to waste

81. Charges recoverable in addition to penalties

82. Power to contract for collection of canal-dues

83. Sum payable under this Part deemed to be rent

84. Person who distrains may be called on to produce account

85. Arrears of water-rate deemed to be demand

86. Sections not applying to fines

87. Settlement of disputes as to mutual rights and liabilities of persons interested in village-channel

88. Dispute as to shares and payments

89. Order passed by Collector and canal-officer to remain in force until set aside by Civil Court

90. Jurisdiction as to suits arising out of powers of distraint

91. Appeal and supervision

92. Power to summon and examine witnesses

93. Offences under Act Penalty

94. Further offences Penalty

95. Obstruction to be removed and damage repaired

96. Persons employed on canal may take offenders into custody

97. Saving of prosecution under other laws

98. Compensation to person injured

99. Power to make, alter and cancel rules

Publication of rules

Schedule

SCHEDULE