Section 23 in Northern India Canal and Drainage Act, 1873
23. Application for transfer of existing water-course.
- Any person desiring that an existing water-course should be transferred from its present owner to himself, may apply in writing to the Divisional Canal Officer, stating, -(1)that he has endeavoured unsuccessfully to procure such transfer from the owner of such water-course;(2)that he desires the said Canal Officer, in this behalf and at his cost, to do all things necessary for procuring such transfer;(3)that he is able to defray the cost of such transfer.Procedure thereupon. - If the Divisional Canal Officer considers -(a)that the said transfer is necessary for the better management of the irrigation from such water-course; and(b)that the statements in the application are true, he shall call upon the applicant to make such deposits as the Divisional Canal Officer considers necessary to defray the cost of the preliminary proceedings, and the amount of any compensation that may become due under the provisions of section twenty-eight in respect of such transfer;and upon such deposits being made, he shall publish a notice of the application in every village, and shall send a copy of the notice of the Collector of every district through which such water-course passes.
