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Bengal Presidency - Section

Section 3 in The Bengal Irrigation Act, 1876

3. Interpretation-clause.

- In this Act, unless there be something repugnant in the subject or context,-
(1)"canal" includes -
(a)all canals, channels and reservoirs hitherto constructed, maintained or controlled by Government for the supply or storage of water, or which may hereafter be constructed, maintained or controlled;
(b)all works, embankments, structures, supply and escape channels connected with such canals, channels or reservoirs;
(c)all village-channels as defined in clause (2) of this section;
(d)all drainage-works as defined in clause (3) of this section;
(e)any part of a river, stream, lake, natural collection of water or natural drainage-channel to which the [State Government] [Words 'Provincial Government' first substituted for the words 'Lieutenant-Governor' by the Government of India (Adaptation of Indian Laws) Order, 1937. Thereafter, the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] has applied the provisions of Part II of this Act, or of which the water has been applied or used before the passing of this Act for the purpose of any existing canal;
(f)all lands on the banks of any canal as defined in articles (a), (b), (c), (d) and (e) of this clause, which have been acquired by Government :
(2)"village-channel" means any channel by which water is led from a canal directly into the fields to be irrigated, and includes all subsidiary works connected with any such channel, except the sluice or outlet through which water is supplied from a canal to such channel :
(3)"drainage-work" means any work in connection with a system of irrigation which has been or may hereafter be made or improved by the Government for the purposes of the drainage of the country, whether under the provisions of Part IV of this Act or otherwise, and includes escape-channels from a canal, dams, weirs, embankments, sluices, groins and the works connected therewith, but does not include works for the removal of sewage from towns:
(4)"flood-embankment" means any embankment constructed or maintained by the [servants of the Government] [Words 'servants of the Crown' first substituted for the words 'Officers of Government' by the Government of India (Adaptation of Indian Laws) Order, 1937. Thereafter the word 'Government' substituted for the word 'Crown' by the Adaptation of Laws Order, 1950.] in connection with any system of irrigation-works for the protection of lands from inundation, or which may be declared by the [State Government] [Words 'Provincial Government' first substituted for the words 'Lieutenant-Governor' by the Government of India (Adaptation of Indian Laws) Order, 1937. Thereafter, the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] to be maintained in connection with any such system; and includes all groins, spars, dams and other protective works connected with such embankments;
(5)"Collector" means the head-revenue-officer of a district, and includes any officer appointed by the [State Government] [Words 'Provincial Government' first substituted for the words 'Lieutenant-Governor' by the Government of India (Adaptation of Indian Laws) Order, 1937. Thereafter, the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] to exercise all or any of the powers of a Collector under this Act:
(6)"Court" means [* * *] [Words 'in the Regulation Provinces' omitted by the Government of India (Adaptation of Indian Laws) Order, 1937.] principal Civil Court of original jurisdiction:[* * * * *] [Words 'and, in the Non-Regulation Provinces, the Court of a Commissioner of a Division' omitted by the Government of India (Adaptation of Indian Laws) Order, 1937.] unless when the [State Government] [Words 'Provincial Government' first substituted for the words 'Lieutenant-Governor' by the Government of India (Adaptation of Indian Laws) Order, 1937. Thereafter, the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] has appointed (as [it] [Word substituted for the word 'he' by the Government of India (Adaptation of Indian Laws) Order, 1937.] is hereby empowered to do), either specially for any case, or generally within any specified local limits, a judicial officer to perform the functions of a Judge under this Act, and then the expression "Court" means the Court of such officer :
(7)"canal-officer" means an officer appointed under this Act to exercise control or jurisdiction over a canal or any part thereof; and includes every officer to whom any of the functions of a canal-officer under this Act have been assigned by the [State Government] [Words 'Provincial Government' first substituted for the words 'Lieutenant-Governor' by the Government of India (Adaptation of Indian Laws) Order, 1937. Thereafter, the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] :
(8)"section" means a section of this Act :
(9)"owner" includes every person having a joint interest in the ownership of the thing specified; and all rights and obligations which attach to an owner under the provisions of this Act shall attach jointly and severally to every person having such joint interest in the ownership.