Key Vocabulary – Haryana Canal and Drainage Act, 1974

Vocabulary flashcards covering main statutory terms, authorities, powers and key provisions of the Haryana Canal & Drainage Act, 1974.

Haryana Canal and Drainage Act, 1974

State legislation that regulates irrigation, navigation and drainage throughout Haryana.

Canal (Section 2 (1))

All Government-constructed channels, reservoirs, water-courses, field drains, State tubewells, and related works to which the Act applies.

Drainage Work

Escape channels, dams, embankments, sluices or other flood-protection works maintained by the State (excludes municipal sewage works).

Field Drain

Drain or similar work constructed or maintained by landowners themselves for removing excess water.

State Tubewell

Tubewell constructed, maintained or controlled by the Government or Haryana State Minor Irrigation (Tubewells) Corporation, including its machinery.

Tubewell (general)

Any mechanical device (other than human/animal powered) used to lift groundwater.

Watercourse

Any privately maintained channel supplied with canal water, sanctioned under the Act or existing by agreement or prescription.

Temporary Watercourse

Channel that has flowed at least six months before alteration but is not a sanctioned watercourse under the Act.

Vessel

Boats, rafts, timber or any floating bodies navigating a canal.

Culturable Commanded Area (CCA)

Portion of irrigable land that can be watered by gravity or lift from a canal outlet or State tubewell.

Canal Officer

Government-appointed officer who exercises control or jurisdiction over a canal or its part.

Chief Canal Officer

Officer holding overall State-level control of canals.

Superintending Canal Officer

Officer with general control over a canal or part thereof (usually a circle).

Divisional Canal Officer (DCO)

Officer controlling a division of a canal; key field executive for schemes, rates and enforcement.

Sub-Divisional Canal Officer

Officer controlling a sub-division of a canal; often first-level field authority.

Deputy Collector (under Act)

Revenue officer empowered for canal disputes, water distribution orders and settlement of differences (Section 55).

Collector (Act definition)

Head revenue officer of a district or any officer notified to exercise Collector powers under the Act.

Commissioner (Act definition)

Divisional Commissioner or officer notified to exercise Commissioner powers for canal matters.

Shareholder (canal)

Person interested in land irrigated or to be irrigated by a canal or concerned with a field drain.

Power to Appoint Officers (Section 3)

Enables Government to notify which officers will exercise specified powers within defined limits.

Utilization of Water for Public Purposes (Section 4)

Allows State to declare that water of any natural source will be used for an existing or projected canal/drainage work after notice.

Power to Prohibit Installation of Tubewells (Section 5)

Government may ban non-State tubewells within 150 m of a State tubewell, 100 m of unlined channels, or 25 m of minors.

Compensation for Damages (Section 7)

Lists damages not compensable (e.g., climate change) and those compensable (e.g., diminished water supply), plus method of valuation.

Limitation for Claims (Section 8)

Claim for compensation must be filed within one year of damage unless Collector excuses delay.

Draft Scheme (Section 17)

Plan prepared by DCO for altering, extending, realigning watercourses or outlets, lining, etc., with cost estimates.

Publication of Scheme (Section 18)

Draft schemes are published inviting objections; DCO may approve, modify or reject within 30 days (extendable).

Appeal and Revision (Section 20)

Challenges to DCO scheme decisions lie to Superintending Canal Officer and further to Chief Canal Officer on specified matters.

Notice of Acquisition of Land (Section 21)

Procedure for DCO to acquire land needed for a scheme, entertain objections and pay compensation.

Water-Supply Rules (Section 26)

In absence of a written contract, water supply is controlled by prescribed rules and rates.

Power to Stop Water Supply (Section 27)

DCO may cut water in specified situations (repairs, non-maintenance, misuse, scheduled periods, etc.).

Occupier’s Rate / Water Rate

Charge payable by land occupier for canal water supplied for irrigation (Section 31).

Owner’s Rate

Additional levy on landowners for benefit derived from canal irrigation; cannot exceed land-tax equivalent (Sections 32-33).

Unauthorized Use Charge (Section 28)

Prescribed charge recoverable when canal water is used without permission and culprit is unidentified.

Waste of Water Liability (Section 29)

When wasted water’s culprit is unknown, all users of the outlet or watercourse are jointly liable for charges.

Canal Executive Officer

Haryana Civil Service officer empowered to decide cases under Sections 28 & 29 (amended Section 30).

Certified Dues (Section 35)

Unpaid lawful sums certified by DCO recoverable as arrears of land revenue.

Agency to Collect Canal Dues (Section 37)

Collector may require lambardars or others to collect water charges; provides for remuneration and indemnity.

Detention of Vessels (Section 39)

DCO may remove or detain vessels navigating canals in violation of rules or causing danger.

Power to Seize Cargo or Goods (Section 42)

DCO can seize canal-borne cargo if dues are unpaid and detain until charges and expenses are cleared.

Prohibition & Removal of Obstructions (Sections 45-46)

Government may declare limits and order removal of obstructions in rivers/streams causing injury; expenses recoverable as land revenue.

Field Drains Provision (Section 47)

Sections 17-25 apply mutatis mutandis to privately constructed field drains.

Drainage Improvement Scheme (Section 48)

Government may publish a scheme for drainage works to protect or improve land, with cost-sharing schedule.

Jurisdiction Bar (Section 25 & 55 (7))

Civil courts cannot decide matters under Sections 17-24, and orders under Section 55 are immune from civil challenge.

Deputy Collector’s Powers (Section 55)

Can order distribution of water and settle disputes over watercourse use, subject to appeal to DCO and revision by S.C.O.

Power to Summon & Examine Witnesses (Section 57)

Enquiry officers have civil-court powers for summoning and examining witnesses; proceedings deemed judicial.

Offences (Section 58)

Enumerates unlawful acts—damaging canals, wasting water, fouling water, etc.—with fines up to ₹1,000 or six-month imprisonment.

Protection of Good-Faith Acts (Section 60)

Grants immunity to Government and officials for actions done in good faith under the Act or rules.

Power to Arrest without Warrant (Section 62)

Canal employee may detain persons caught damaging or interfering with canals/drainage works and hand them to police.

Power to Make Rules (Section 65)

State Government may frame rules (after prior publication) on water distribution, new channels, rates, etc., with penalties up to ₹500.

Repeal of 1873 Act (Section 66)

Northern India Canal and Drainage Act, 1873 stands repealed in Haryana; pending actions continue under old provisions.

Power to Remove Difficulties (Section 64)

Enables Government orders to overcome implementation problems, provided they don’t contradict the Act.

Limitation for Compensation Claims (Drainage) (Section 53)

Claims for loss from drainage works or obstruction removal must be filed within one year unless Collector condones delay.

Certified Charge Recovery (Navigation)

DCO may seize and sell vessel furniture, cargo or goods to recover unpaid navigation charges (Sections 41-44).

Lining of Watercourses

In a scheme, provision to concrete/brick-line channels to reduce seepage and improve flow (Section 17 (1) (d)).

Outlet Modification

Change in design or size of an outlet; restoring unauthorized alterations is not deemed a ‘modification’ (Explanation to Section 17 (1)(c)).

Cusec

Unit of discharge used in the Act; 1 cubic foot per second (e.g., minor channel ≤ 40 cusecs; new outlets < 0.75 cusec need CCO approval).

Bar of Jurisdiction (Civil)

Collectively, Sections 25, 54 and 55(7) restrict civil court intervention in canal operational matters.

Interest on Compensation (Section 11)

Unpaid compensation accrues simple interest at 6 % p.a. after three months, unless claimant refuses to receive.

Abatement of Rent (Section 10)

Tenant may claim rent reduction if canal water supply is interrupted; rent can be later enhanced when water is restored.

Owner’s Liability to Construct Crossings (Section 15)

Users of a watercourse must build or repair bridges/culverts where it crosses public roads/canals; costs recoverable as land revenue.