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State of Himachal Pradesh - Section

Section 3 in The Himachal Pradesh Minor Canals Act, 1976

3. Definitions.

- In this Act, unless there is something repugnant in the subject or context -
(i)"beneficiary" means in respect of any canal, any person for the time being deriving, or who is to derive, benefit, directly or indirectly, from such canal;
(ii)"canal" means any canal, natural or artificial channel or line of natural drainage or any reservoir, dam or embankment, well, tubewell and lift irrigation arrangements constructed, maintained or controlled for the supply or storage of water or the protection of land from flood or sand, and includes any water-course or subsidiary works as defined in this section;
(iii)"Collector" means the Collector of a District and includes any officer appointed or authorised by the Government under this Act to exercise all or any of the powers of a Collector.
(iv)"Commissioner" means any officer appointed under this Act to exercise all or any of the powers of a Commissioner;
(v)"construction" or "construct" includes any alteration which would materially extend the area irrigable by a canal or any other alteration of material importance or the renewal of a canal after disuse for six years, but does not include the re-excavation of a canal-head which has been temporarily abandoned owing to change in the river, the excavation of a new head necessitated by a change in the river or a change of water-courses to render existing irrigation more efficient;
(vi)"creek" means any channel of a river other than the main channel through which the water of the river would, unless obstructed by deposit of silt, naturally flow at some period of the year;
(vii)"district" means a district as fixed for revenue purposes;
(vii)"Government" or "State Government" means the Government of Himachal Pradesh;
(ix)"irrigator" means, in respect of any land which is irrigated from a canal, any person for the time being directly deriving benefit by such irrigation and includes a landowner or any other person having interest in such land;
(x)"labour" includes labourers, cattle and appliances necessary for the execution of the work for which labour is to be supplied;
(xi)"local authority" means a municipal committee, municipal corporation, small town committee, notified area committee, gram panchayat, panchayat samiti zila parishad or other authority legally entitled to or entrusted by the Government with the control or management of the municipal or local fund;
(xii)"mill" means any contrivance whereby the water power of any canal is used for grinding, sawing or pressing, or for driving or working machinery or for any other similar purpose, and includes all subsidiary works and structures connected with any such contrivance except the canal itself;
(xiii)"notification" means notification published in the Official Gazette;
(xiv)"Official Gazette" means the Rajpatra, Himachal Pradesh;
(xv)"prescribed" means prescribed by rules made under this Act;
(xvi)"record-of-rights" and "Revenue Officer" have the meanings assigned to them respectively in the Himachal Pradesh Land Revenue Act, 1954; (6 of 1954).
(xvii)"subsidiary works" means all works required for the control or maintenance of the supply to a canal or for the maintenance of a canal in proper condition or for the regulation of the irrigation therefrom or for the prevention of floods or for the provisions of proper drainage, in connection with such irrigation, and includes also the land required for such work;
(xviii)"water-course" means any channel which is supplied with water from a canal and which is maintained at the cost of the irrigators and includes all subsidiary works connected with such channel except the sluice or outlet through which water is supplied to such channel:
(xix)"landowner" shall have the same meaning as assigned to it in the Himachal Pradesh Land Revenue Act, 1954; (6 of 1954)and
(xx)"water rate" means the charge made for canal water.