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In forceACT NO. III OF 1876 · 29th March, 1876

The Irrigation Act, 1876

সেচ আইন, 1876

♣An Act to provide for irrigation in Bangladesh.

Contents

  1. PreamblePreamble

Part I PRELIMINARY

  1. Section 1Short title
  2. Section 2[Repealed]Repealed
  3. Section 3Interpretation-clause
  4. Section 4Exemption from Embankment and Drainage Act
  5. Section 5Power to appoint officers

Part II OF THE APPLICATION OF WATER FOR PUBLIC PURPOSES

  1. Section 6Notification when water-supply to be applied for public purposes
  2. Section 7Powers of canal-officer
  3. Section 8Notice as to claims for compensation
  4. Section 9Contents of notice
  5. Section 10Power to require statements as to name and interests
  6. Section 11Damage for which compensation shall not be awarded
  7. Section 12Compensation for loss of drinking water
  8. Section 13Limitation of claims
  9. Section 14Inquiry into claim and tender of compensation
  10. Section 15Postponement of inquiry
  11. Section 16Award in case of compensation being agreed on
  12. Section 17Collector to refer matter to Court when compensation not accepted
  13. Section 18Collector to record particulars in certain cases
  14. Section 19Objections to amount of compensation fixed by Collector
  15. Section 20Procedure in making reference
  16. Section 21Procedure on receipt of reference under section 17
  17. Section 22Particulars of apportionment to be specified
  18. Section 23Disputes as to apportionment
  19. Section 24Determination of proportion
  20. Section 25Payment of compensation
  21. Section 26Government not liable to further claim
  22. Section 27Liability of person receiving compensation not affected
  23. Section 28Abatement of rent on interruption of water- supply
  24. Section 29Enhancement of rent on restoration of water-supply
  25. Section 30Compensation when due Interest
  26. Section 31No compensation in respect of prior works
  27. Section 32Service of notice

Part III OF THE MAINTENANCE OF CANALS

  1. Section 33Entry for inquiry
  2. Section 34Power to inspect and regulate water-supply
  3. Section 35Power to enter for repairs, and to prevent accidents
  4. Section 36Notice to occupier of building, etc.
  5. Section 37Compensation for damage to land
  6. Section 38Appeal from Collector's decision to commissioner
  7. Section 39Government to provide means of crossing canals and of drainage

Part IV OF DRAINAGE

  1. Section 40Government may prohibit formation of obstructions within certain limits
  2. Section 41Canal-officer may issue notice to person causing obstructions
  3. Section 42Canal-officer may cause obstructions to be removed
  4. Section 43When drainage works necessary, Government may order scheme to be drawn up and carried out
  5. Section 44Disposal of claims to compensation
  6. Section 45Limitation of such claims

Part V OF VILLAGE-CHANNELS

  1. Section 46"Person" defined
  2. Section 47Register of village- channels to be kept
  3. Section 48Person may acquire existing village-channel by agreement
  4. Section 49Construction of new village-channel
  5. Section 50Application by person desiring construction of new village-channel
  6. Section 51Procedure when canal-officer considers construction of village-channel expedient.
  7. Section 52Collector to acquire land
  8. Section 53Procedure after construction of village-channel
  9. Section 54Canal-officer may direct transfer of village-channel
  10. Section 55Person may be admitted joint owner of existing village- channel
  11. Section 56Canal-officer to fix sums payable on transfer or acquisition of joint ownership
  12. Section 57Canal-officer may fix rent for a village-channel, transferred
  13. Section 58Ownership of village-channel
  14. Section 59Obligation and right of owner of village-channel
  15. Section 60If owner of village-channel, fails to execute work or repair canal-officer may do so
  16. Section 61Resignation of ownership
  17. Section 62Owner may transfer interest
  18. Section 63Procedure on death of owner of village-channel
  19. Section 64Procedure when person applies for registration in lieu of deceased owner
  20. Section 65Interest of owners equal, unless unequal interest registered
  21. Section 66Supply of water to person not owner
  22. Section 67Canal-officer may authorize supply
  23. Section 68Canal-officer to fix rent of village-channel
  24. Section 69Owner of village-channel receiving supply through another deceased village-channel
  25. Section 70Instalments in which rent is payable
  26. Section 71Canal-officer to pay no more than amount collected
  27. Section 72Land acquired not to be used for other purpose
  28. Section 73Dues how recovered

Part VI OF THE SUPPLY OF WATER

  1. Section 74Water supplied on written application only
  2. Section 75Written permission to be given
  3. Section 76Rules subject to conditions as to-
  4. Section 77Canal-officer may supply water for purposes other than those of irrigation

Part VII OF WATER-RATES

  1. Section 78Charge for water, how determined
  2. Section 79Liability when person using water unauthorizedly cannot be identified
  3. Section 80Liability when water runs to waste
  4. Section 81Charges recoverable in addition to penalties
  5. Section 82Power to contract for collection of canal-dues
  6. Section 83Sum payable under this Part deemed to be rent
  7. Section 84Person who distrains may be called on to produce account
  8. Section 85Arrears of water-rate deemed to be demand
  9. Section 86Sections not applying to fines

Part VIII OF JURISDICTION

  1. Section 87Settlement of disputes as to mutual rights and liabilities of persons interested in village-channel
  2. Section 88Dispute as to shares and payments
  3. Section 89Order passed by Collector and canal-officer to remain in force until set aside by Civil Court
  4. Section 90Jurisdiction as to suits arising out of powers of distraint
  5. Section 91Appeal and supervision
  6. Section 92Power to summon and examine witnesses

Part IX OF OFFENCES AND PENALTIES

  1. Section 93Offences under Act Penalty
  2. Section 94Further offences Penalty
  3. Section 95Obstruction to be removed and damage repaired
  4. Section 96Persons employed on canal may take offenders into custody
  5. Section 97Saving of prosecution under other laws
  6. Section 98Compensation to person injured

Part X OF SUBSIDIARY RULES

  1. Section 99Power to make, alter and cancel rules

Schedules

  1. Schedule A[Repealed by the Amending Act, 1903 (I of 1908)]
  2. Schedule BAPPLICATION FOR WATER
  3. Schedule CPERMISSION TO TAKE WATER