BENGAL CANALS ACT, 1864 THE BENGAL CANALS ACT, 1864 [ Act No. 5 of 1864][1] [8th June, 1864] An Act to amend and consolidate the law relating to the collection
of tolls on canals and other lines of navigation, and for the construction and
improvement of lines of navigation, within the Provinces under the control of
the Lieutenant-Governor of Bengal.][2] Whereas
it is expedient to amend and consolidate the law relating to the collection of
tolls on [3]
[x x x] canals and lines of navigation [4] [x x x] and to authorise
the collection of tolls on such other lines of navigation as may hereafter
be rendered subject to the provisions of this Act, and to provide for the
construction and improvement of lines of navigation; It is enacted as follows:- The
following words shall have the several meanings hereby assigned to them, unless
where a contrary intention shall appear from the context, that is to say:- "Vessel".-the
word "vessel" shall include any ship, barge, boat, raft, timber,
bamboos, or floating materials, propelled in any manner; "Line
of navigation".-the words "line of navigation" shall mean any
navigable channel subject to the provisions of this Act. "Channel".-the
word "channel" shall include any river, canal, khal, nala, or
waterway, whether natural or artificial. "Person".-the
word "person" shall include any company, association, or body of
persons, whether incorporated or not. (Number
and gender), Rep. by the Amending Act, 1903 (1 of 1903). It shall
be lawful for the State Government from time to time, by notification][5] to that effect
published in the official Gazette to declare that provisions of this Act shall
apply to any navigable channel specified in such notification; and from and
after such publication the provisions of this Act shall apply to, and be in
force as regards, such navigation channel [6] [x x x].
Preamble - THE BENGAL CANALS ACT, 1864PREAMBLE
Section 2 - What navigable channels may be rendered
subject to the provisions of Act
Section 3 - By whom navigable channel may be made
It shall
be lawful for the State Government from time to time, to authorise][7] any person to make
and open any navigable channel, or to clear and deepen any navigable channel,
and to stop any watercourse, or make any tracking path, or do any other act
necessary for the making or improvement of any such channel; and any navigable
channel made under this section shall be rendered subject to the the provisions
of this Act in the manner prescribed in the last preceding section.
Mode of
obtaining land for the purpose.-
The State
Government may take possession, as for a public purpose, or any land that may
be necessary for the execution of any of the abovementioned works, under the
provisions of [8][x
x x] any [9]
[x x x] Act [10] [x x x] in force for the
taking possession of land for public purposes.][11]
Section 4 - Bar of suit against crown
No action
or suit shall be brought against the Government, in respect of any injury or
damage caused by, or resulting from, any act done under the last preceding
section.
Section 5 - Tolls to be paid on lines of navigation
subject to Act
Tolls at
such rates as shall be fixed in manner hereinafter mentioned shall be paid in
respect of all vessels entering upon, or passing along any of the lines of
navigation subject to the provisions of this Act:
Provided
that such tolls shall be payable only so long as such line of navigation shall
be open.
Section 6 - State Government may fix and alter rates of
tolls
The State
Govern-' ment may fix, and from time to time alter, the rates at which such
tolls][12], shall be levied:
Provided
that no toll shall be levied, and no alteration of any rate of toll shall have
effect, until notice shall have been published in the official Gazette for such
period as the said State Government may fix, of the intention to levy or alter
such toll, and of the rate and place at which such toll is to be levied.
Section 7 - Publication of rates of toll at every
toll-house
Notification
of the rates of toll and of the places of collection shall be at all times
exhibited to public view at every toll-house where toll is levied under this
Act, in the Hindi language in Devanagri Script.
Section 8 - State Government to appoint persons to
collect tolls, who may farm collection
The State
Government shall appoint such persons as may think fit to collect tolls under
this Act, and it shall be lawful for any person so appointed to farm [13] [the collection of tolls
to any other person, with the sanction of the State Government or to employ any
other person in such collection.
The
person to whom the collection of tolls may be farmed out, or who may be employed
in the collection of them, shall have power to collect and be authorised to
receive them, in the like manner as any person appointed as aforesaid.
Section 9 - Payment of tolls how enforced`
If any
toll due under the provisions of this Act in respect of any vessel shall not be
paid on demand to the person authorized to collect the same, it shall be lawful
for such person to seize such vessel, and any furniture thereof, and to detain
the same;
and such
person shall, within twenty-four hours of such seizure and detention, report
the same to the nearest Collector or Deputy Collector of the district in which
the seizure has been made, or other public officer duly authorized by
Government in that behalf; and on receipt of this report the Collector, Deputy
Collector or other officer as aforesaid shall publish a notice appointing a day
for the sale of the said vessel and any furniture thereof.
The sale
shall be held at some period not less than fifteen days from the date of the
publication of notice of sale; and if the toll and also any expenses occasioned
by non-payment be not paid, or sufficient cause for non-payment be not shown,
at or before the time of sale to the Collector, Deputy Collector or other
officer as aforesaid, such officer shall sell the vessel and furniture seized,
or so much thereof as may be necessary to pay the toll and any expenses
occasioned by nonpayment.
So much
of the property seized as may not have been sold, and so much of the
sale-proceeds as may be in excess of the sum necessary for satisfying the toll
and for defraying the expenses occasioned by non-payment, shall be returned to
the person incharge of the vessel.
Section 10 - Penalty for evasion of toll
Any
person who shall refuse or evade, or attampt to evade, any toll due under this
Act shall be punished, on conviction before a Magistrate, with a fine which may
extend to fifty rupees, or with simple imprisonment in lieu of fine which may
extend to one month:
Section 11 - Rules relating to lines of navigation
It shall
be lawful for the State Government from time to time to make rules][14] not repugnant to any
law in force and to repeal, alter and amend the same, for the management of any
line of navigation subject to this Act, and for regulating the conduct of
persons employed for any of the purposes of this Act; and this State Government
may affix fines as penalties for the infringement of such rules not exceeding
fifty rupees for any one infringement, or five rupees a day for any continuing
infringement.
Such
rules may contain directions for any of the following amongst other matters
:-for determining the tonnage of vessels and their measurement;
for
fixing the number and the width of vessels to be allowed to pass into, or out
of, or through, any line of navigation at one lime or abreast;
for
determining the length of time during which vessels may remain stationary on
any line of navigation and the amount of demurrage to be paid by vessels
remaining stationary beyond such time;
for
regulating the mode in which and the places at which tolls are to be levied
under this Act;
for the
removal of sunken vessels and obstructions; and for the storing and disposal of
the cargo of vessels seized under this Act;
Section 12 - Publication of such rules
Rules
shall not be passed until the same shall have been published in the official
Gazette for a period of six weeks, and after that time the rules shall be
published as passed, with such alterations (if any) as to the State Government
shall seem fit.
The rules
so published as passed shall not have effect until the expiration of two weeks
after such last publication; and all rules so published shall, until the same
be repealed or altered be of like effect as if they were inserted in this Act.
Copies of
all rules, in the Hindi language in Devanagri Script, shall be exhibited to
public view at every place where toll is collected.
Section 13 - Appointment of supervisor with power to
remove obstruction
It shall
be lawful for the State Government to appoint][15] any person to be the
supervisor of any line of navigation subject to the provisions of this Act; and
such person shall be empowered to cut down and remove any tree which may have
fallen or may be likely to fall into such line of navigation, and to remove any
sunken vessel, and to prevent or remove any other nuisance or obstruction to
navigation, of whatever description, whenever he may think it necessary.
Section 14 - Mode of exercising such power
Whenever
such supervisor shall consider that the cutting down and removal of any tree or
the removal of any other obstruction is necessary, he may in cases of emergency
at once remove the same, and may for that purpose enter on any private
property.
In cases
not of an emergent nature, he shall serve a notice in writing on the owner or
occupier of such private property, directing him to remove the same within a
reasonable time.
If the
owner or occupier cannot be found, notice may be served by notification to be
affixed in some conspicuous place in the nearest village.
If the
owner or occupier shall not remove the obstruction within the time given in the
notice; the supervisor may proceed to remove it himself and may for that
purpose enter on any private property.
Payment
of all expenses of such removal may be enforced by the sale of the thing
removed in the manner provided for the recovery of tolls in Section 9 of this
Act.
Section 15 - Supervisor may forbid construction of
bandels, etc
Whenever
in the opinion of such supervisor the construction of any bandel or other
contrivance for fishing, or for any other purpose, in any line of navigation,
is likely to cause obstruction to the free and safe transit of such line of
navigation, he may, by a notice in writing to be served on the owner or person
in charge of such bandel or other contrivance, or (if such owner or other
person cannot be found) to be affixed at some conspicuous place in the nearest
village, forbid the construction of such bandel or other contrivance.
Section 16 - Penalty for causing obstruction to line of
navigation
Any
person who shall wilfully cause or shall aid in causing any obstruction to any
line of navigation, or any damage to the banks or works of such line of
navigation, or who shall wilfully omit to remove such obstruction after being lawfully
required so to do, shall be punished on conviction before a Magistrate with
simple-imprisonment which may extend to one month, or with fine which may
extend to fifty rupees, or with both, and shall also be liable to pay such fine
as may be sufficient to meet all reasonable expenses incurred in abating or
removing such obstruction, or. in repairing such damage.
Section 17 - Omitted
[16] [x x x]
Section 18 - Offences by whom punishable
If any
person shall be guilty of an offence against the provisions of this Act on any
line of navigation subject to this Act, such offence shall be punishable by any
Magistrate having jurisdiction over any district or place adjoining such line
of navigation, or adjoining either side of that part of the line of navigation
in which such offence shall be committed;
and such
Magistrate may exercise all the powers of a Magistrate under this Act, in the
same manner, and to the same extent, as if such offence had been committed
locally within the limits of his jurisdiction, notwithstanding the offence may
not have been committed locally within such limits;
and in
case any such Magistrate shall exercise the jurisdiction hereby vested in him,
the offence shall be deemed, for all purposes, to have been committed locally
within the limits of his jurisdiction.
Section 19 - Omitted
[17] [x x x].
Section 20 - Short title
This Act
may be cited as 'The Canals Act, 1864'.
[1] Local
Extent.-This Act was passed for the whole of the former Province of Bengal (see
the title), and applies to navigable channels notified under Sec. 2 or
authorised under Sec. 3.
For a
list of channels to which the Act has been so applied, see the B.O., Vol. I
Part VI.
The Act
has been declared, by notification under the Scheduled District Act, 1874 (14
of 1874). Sec. 3 to be in force in the districts of 'Hazaribagh, Ranchi,
Palamau in the Manbhum, and Pargana Dhalbhum and the Kolhan in the district of
Singhbhum, in the Chota Nagpur Division, but its application is barred in the
Santhal Parganas, by the Santal Parganas Settlement Regulation, 1872 (3 of
1872) Sec. 3(2).
Other
enactments.-As to canals see also the following enactments:-
The
Bengal Embankment Act, 1855 (32 of 1855);
The
Bengal Embankment Act, 1873 (Ben. Act 6 of 1873);
The
Bengal Irrigation Act, 1876 (Ben. Act 3 of 1876); and
The
Bengal Embankment Act, 1882 (Ben. Act 2 of 1882).
As to the
transfer of Bihar Canals by the East India Irrigation and Canal Company, see
the East India Irrigation and Canal Act, 1869 (32 and 33 Vict. c. 7). printed
in the collection of Statutes relating to India, 1935, Vol. I, page 224.
The
Bengal Embankment Act, 1882 (Ben. Act 2 of 1882), does not apply to any
embankment, land or watercourse which is under the operation of the present
Act-see Sec. 91 of the Act of 1882.
[2] This
includes the present States of Bihar and Jharkhand.
[3] Repealed
by Act 1 of 1903.
[4] Repealed
by Act 1 of 1903.
[5] For list of
notifications under Sec. 2, see the B.O.R.O., Vol. I Pt. VI.
[6] Repealed
by Act 1 of 1903.
[7] For an
order under s. 3 see the B.O.R.O., Vol. I, Pt. VI.
[8] Repealed
by Act 1 of 1903.
[9] Repealed
by Act 1 of 1903.
[10] Repealed
by Act 1 of 1903.
[11] See now
the Land Acquisition Act, 1894 (1 of 1894).
[12] For a
list of orders under Soc. 6, fixing rates of tolls, see the B.O.R.O, Vol. I,
Part V.
[13] As to the
recovery of sums due from a farmer or his surety, see the B. &. O. Public
Demands Recovery Act, 1914 (B. &. O. Act 4 of 1914) s. 3(6), Sch. I.
[14] For a
list of rules under Sec. 11 and 12, see B.O.R.O., Vol. I Pt. VI.
[15] For a
list of orders under s. 13, see B.O.R.O., Vol. I Pt. VI.
[16] Repeal by
Act 1 of 1903.
[17] Repealed
by Act 12 of 1873.