Presentation on

NICD Act 1873

By- Rajesh shukla

 Section-3
Canal
 All canals, channels and reservoir maintained by govt.

 All works, embankments, structures, supply and escape

 channels connected with canals/channels/reservoir

 All water courses

 Any portal river, lake, stream, natural collection of water,

natural drainage channel notified by the govt.
 Section-74
Canal

Canal includes all land occupied by the govt. for the purpose of canal and
all
 buildings,
 Machinery ,
 Fence,
 Gates,
 Other erections,
 Trees
 Crops,
 Plantation
 or the produce belong to with such land.
 Water Course (section-3)

Any channel which is made for supply of

water from canal-but not maintained by
govt. (channel includes all subsidiary
works)
 Section-4

 Power of state govt. to appoint engineers

 Section-5
(Use of water from water sources)

 Gazette Notification by the govt. for use of water

from river, natural stream, lake, natural collection of
still water through canal or drainage works

 Such water shall not be use before 90 days from the

date of notification
 Section-6

Power of canal • enter on any land

officer • remove any obstruction
• close any channel
• other necessary things for use
of water
 Section-7 to 13
(Compensation due to section-5)

Case of compensation-
stoppage or diminution of water supply in-

 Any natural channel to a artificial channel

 Any work eructed for the purpose of profit

 Any natural channel used for irrigation purpose

since 5 year from the date of notification
No compensation in case of-

Stoppage or diminution in
• Percolation

• Floods

• deterioration of soil/ climate

• Displacement of labour

• stoppage of navigation/timber floating etc.

 Section-7 to 13
Max time for claim of compensation- 1 year

Amount of compensation- DM will determine

Effect on rate of lease - it may be reduced

Effect on rate of lease on

restoration of water supply- Increased
 Section-14
Power of canal officer to
 enter into any land adjacent to canal
 enter into any land through which canal is proposed to be
made
 dig/bore into sub soil
 to make setup, land made, level marks, water gauges etc.
 other things related to proper prosecution of inquiry
related to canal.
 clear standing crops, fence, jungle for inquire
 enter into any land building, water course for the propose
of proper regulation of water supply
 Compensation due to CCO entry

Compensation for damage - yes

entry into any house - prior notice should

be gives
 Section-16
(construction of water course on behalf of applicants )

1) Application contains Cost of construction of as

finalized, payment made to the EE
2) Application approved by SE and attested by DM
3) Amount paid to EE
4) Construction by EE
5) Amount not paid- Recovery by DM as land revenue
 Section-17
(making of means of crossings on canal by the govt.)

 govt. on its own or

 On application that should be signed by not less the 5

owner along with

 opinion of DM on application

 approved by govt.
 Section-18
Construction of brides by users , culverts etc on water
courses at crossing of roods etc.

 EE shall Issue order for such construction

 EE with consent of SE will construct it

 if such persons do not pay the cost then it shall be

recovered as land revenue by DM
 Section-30A to 30G
(construction of General water course )

30 A- Preparation of Scheme by EE containing-

 Site of outlet
 existing water course
 proposed water course
 connected works
 area already served
 Area proposed to served
 memorandum of implementation
 other
30B-Approval of Scheme by Gao Sabha/Panchayat

 Served the copy of scheme to Gao sabha and BDO for

approval/ objection/suggestion/modification with 30 days
 Copy of scheme shall be affixed on notice board within 3
day from the date of receiving by gao sabha
 After 12 day of notice, a meeting of gao panchayat will be
called for decision
 If no suggestion/ objection/ modification etc be given by
gao sabha with 30 days then it will be deemed to be
approved
 It there are sugg./modif. etc, then EE can amend, reject,
accept and make it final
30C-Land acquisition by gao sabha
 Land holders may transfer the required land to the gao
sabh as gift. etc.
 Gao sabha can purchase the land
 Gao sabh may move to govt. to acquire the land in
accordance with law
 Govt will acquire the land and transfer to the gao sabha
for implementation of project
 gao sabha give the notice to all concerned person (farmers
) to contract/the water course
 it they false to construct/ maintain water course other wise
gao sabha can construct /maintain in accordance with
panchayat raj act-1947 with in prescribed period
30D - Inspection of work by EE
 if project in implemented as mentioned in the project then
it will be approved by EE

 If it not as per project, EE can order gao sabha to make

remedial measure with in prescribed period

 again inspect the work and then he may either approve or

disapprove the work
30E- Implementation of work of water
course by govt.
 It gao sabha fails to acquired land as par section
30C
or
 fails to comply EE regarding construction

Then
the state govt. acquire the land as per land
acquisition law and implement the project
Special provision regard major irrigation project
(govt can make water coursec on its own)

In this case
 deptt will prepare scheme and Acquire land
 Construct the water course without following
section 30 B,C,D,E

Note- Water course constructed by deptt. shall be

transferred gao sabha
and
Maintenance of water course shall be done
by gao sabha
 Section- 32
(Supply of Water)
Water supply may be stopped in case of

 execution of some works

 un-maintain water courses leading to wastage of water

 for a fixed period from time to time

Claims to compensation in case of stoppage of water
supply

No claim shall be made in case of

 reason beyond the control

 during repair/ alteration/ addition etc.

 taking measure for regulation of proper flow

 person suffering lose due to above reason may

get remission in water charge.
 Compensation in other cases

Compensation may be given for losses due interruption

of water supply by reason other than above
 Duration of water supply

 single crop season up to maturity of crop in case of single

crop on a land

 full year in case of two or more crop on a land

 Section- 33
Liability when persons using unauthorised water
cannot be identified

 the persons on whose land water is flowed has derived

benefit

 it not derived the benefite then all persons chargeable in

respect of water supplied through such water course
 Section- 34

Liability when runs to wast- if not identified the all

persons chargeable in respect of water supplied through
such water course
 Section- 44
 Water charge payable when a land is owned by more
than one person

 Person doing management of land

 Person who received rent/profit from land

 Section- 45

Recovery of any due by DM as land revenues.

 Section- 46

 Power of EE to enter into agreement with third party

for collection of water charges.

 Default in payment by third party shall be recovered

by DM
 Section- 64

Power of DM to authorize proprietors/ farmer

(benefited by canal) to supply of labours for canal
maintenance work
 Section- 65

Engagement of labours directly as defined in section

64 during urgency work by EE
 Section- 67
Jurisdiction of civil courts

no court shall pass any order for the supply of water against
any claim by a person
 Section- 70

Penalty for canal offence

 50 Rs

 one month jail

 both