NOTES ON ADMINISTRATION OF WATER SUPPLY. 67 



there can be no doubt that these were the countries which could 

 furnish the most valuable suggestions and present examples most 

 worthy of imitation. 



The Northern India Canal and Drainage Act commences with 

 the announcement of the right of the State " to use and control 

 for public purposes the water of all rivers and streams flowing in 

 natural channels, and of all lakes and other natural collections of 

 still water." Part I. of this Act is of a preliminary nature, and 

 furnishes a statement of the territories to which it applies, specifies 

 the previous Acts which it supersedes, and defines the application 

 of the terms used in it. Part II., relating to the application of 

 water for public purposes, describes the procedure to be adopted 

 when a supply is proposed to be utilized, and states the powers of 

 canal officers, the conditions under which compensation may or 

 may not be awarded, and the method of inquiry into claims. 

 Part III., dealing with the construction and maintenance of 

 works, gives to canal officers the power of entry on private lands, 

 and describes the procedure followed when granting supplies of 

 water from a canal and the responsibilities of the persons to 

 whom such supplies are granted. Part IY. on the Supply of 

 Water, describes the cases under which a supply may be stopped, 

 forbids the subletting of such supply and ordains that any contract 

 for water between the Government and a land-holder shall be 

 transferable, with the land. Part Y. dealing with Water Pates, 

 distinguishes between the occupier's rate and the owner's rate, 

 and describes the mode of treatment of each. The remaining six 

 parts into which the Act is divided deal respectively with Canal 

 Navigation, Drainage, Obtaining Labour for Canal and Drainage 

 Works, Jurisdiction, Offences and Penalties, and Subsidiary Rules. 



It is well to call attention here to the title of this Act, which 

 shows that it applies only to Northern India. Madras which has 

 a Governor and Government of its own, is much behind the 

 northern provinces in regard to such legislation and, in this respect, 

 at least, justifies the name of " the Benighted Presidency," which 

 is frequently applied to it. 



For the administration of the Act described, the engineers in 

 charge of cana]s in full operation are required to pass a qualifying 

 examination to show that they have acquired the requisite 

 proficiency in knowledge of Canal Law and of the Code of Criminal 

 Procedure. On passing this examination they are gazetted as 

 Canal Magistrates with powers to try and to pass judgment on 

 offences against the Canal Act. Appeal can be made in such 

 cases to the District Magistrate ; but this is very seldom resorted 

 to. The position of canal engineer is thus one of very considerable 

 responsibility, as he has not only to see that the main canals and 

 distributaries are in thorough working order, but he has to supply 



