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THE IRRIGATION ACT, 1876

(ACT NO. III OF 1876).
  Part No : Chapter No : Section No: [ 29th March, 1876  
  
     1 An 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
 
PART I
PRELIMINARY
1. Short title
Local extent Commencement
2. [Repealed]
3. Interpretation-clause
4. Exemption from Embankment and Drainage Act
5. Power to appoint officers
PART II
OF THE APPLICATION OF WATER FOR PUBLIC PURPOSES
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
. An appeal shall lie from every
24. Determination of proportion
An appeal shall lie from every such
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
PART III
OF THE MAINTENANCE OF CANALS
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
PART IV
OF DRAINAGE
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
PART V
OF VILLAGE-CHANNELS
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
PART VI
OF THE SUPPLY OF WATER
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
PART VII
OF WATER-RATES
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
PART VIII
OF JURISDICTION
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
PART IX
OF OFFENCES AND PENALTIES
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
PART X
OF SUBSIDIARY RULES
99. Power to make, alter and cancel rules
Publication of rules
SCHEDULE
 
 

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