Clarke, Richard [Editor]: The regulations of the government of Fort William in Bengal in force at the end of 1853 - to which are added, the acts of the government of India in force in that presidency: with lists of titles and an index (3): Acts from 1834 to 1853 (London, 1854)

ACT VII.

199

A.D. 1845.]

presidency of Fort William in Bengal, for the purpose of irrigation, and
also for navigation so far as it may be practicable to unite the two objects,
and whereas it is requisite to regulate the levy of rents, tolls, or dues on
such canals, and to provide for their protection from injury :

I. It is hereby enacted, that the Lieutenant-Governor of the North-
Western Provinces shall be competent, by proclamation to be made in the
Government Gazette, to declare the provisions of this Act applicable to
any such canal.
II. And it is hereby enacted, that the said Lieutenant-Governor of the
North-Western Provinces shall be competent to draw out rules to regulate
the levy of water-rent, and the supply of water for irrigation, and the
payment of tolls and dues on boats, rafts, or floats, and admission to the
benefits of navigation on such canals, as may be found most suitable to
the peculiar circumstances of each. The rules thus drawn out shall be
published for general information in the Government Gazette.

III. And it is hereby enacted, that any acts done by private individuals
in contravention of the rules so published shall be punishable either by
temporary deprivation of the benefits of the canal, or by the penalties
hereinafter described.
IV. And it is hereby enacted, that all balances of water-rent due for
lands irrigated by the canal shall be levied either by temporary depriva-
tion of the benefits of the canal, or by the same process as is prescribed
for the recovery of balances of land revenue.
V. And it is hereby enacted, that whoever wilfully causes any obstruc-
tion to any of the said canals, or to any of the water-courses drawn and
supplied therefrom, or damages the banks of the canal or the works con-
structed for its maintenance, or wilfully defiles the water in the canal, shall
be liable to the penalties hereinafter described.

VI. And it is hereby enacted, that all persons offending against the
provisions of this Act, or of the rules passed under this Act, shall be
punishable, on conviction before the magistrate, by imprisonment without
labour for a term not exceeding fourteen days, or fine to an amount not
exceeding fifty rupees, or both ; and in default of payment of such fine, by
additional imprisonment for fourteen days.
VII. And it is hereby enacted, that if the owner of any boat, float, or
raft navigating any such canal, shall refuse to pay the prescribed toll, it
shall be lawful for the officer charged with the levy of tolls on the canal,
to detain such boat, raft, or float, and if the toll be not paid in the course
of ten days, then it shall be lawful for the said officer, under the direction
of the superintendent of the canal, on the tenth day after the seizure, to
sell such property, or so much thereof as may be necessary, or to declare
the whole confiscated ; provided that, in all such cases, no confiscation shall
be carried into effect till the circumstances have been reported to the
commissioner of the division and his sanction obtained thereto.

This Act how to be
brought into opera-
tion.

Lieutenant-Governor
to publish rules for
supply of water from,
and for rents, tolls, and
dues on canals.

Penalty for contra-
vention of rules.

Balances due how to
be recovered.

Obstructions and
injuries to canals and
works to incur penal-
ties.

Punishments by
magistrates.

Payment of tolls how
to be enforced.