OF SUBSIDIARY RULESCentral
Section 75 of The Northern India Canal and Drainage Act, 1873
The State Government may, from time to time 1*** make rules to regulate the following matters:--
- (1)the proceedings of any officer who, under any provision of this Act, is required or empowered to take action in any matter;
- (2)the cases in which, and the officers to whom, and the conditions subject to which, orders and decisions, given under any provision of this Act, and not expressly provided for as regards appeal, shall be appealable;
- (3)the persons by whom, 2[and] the time, place or manner at or in which anything for the doing of which provision is made under this Act, shall be done;
- (4)the amount of any charge made under this Act;
- (5)and generally to carry out the provisions of this Act. The State Government may from time to time 3*** alter or cancel any rules so made. Publication of rules.--Such rules, alterations and cancelments shall be published in the Official Gazette, and shall thereupon have the force of law. STATE AMENDMENT Uttar Pradesh Amendment of section 75 of Act VIII of 1873.— Section 75 of the principal Act shall be re-numbered as sub-section (1) thereof, and the following shall be added as sub-sections (2) and (3) thereof ; “(2) Without prejudice to the generality of the powers contained under sub-section (1), the rules may provide for —
- (i)the particulars to be mentioned in the scheme repaired under this chapter ;
- (ii)the manner of implementation of the scheme ;
- (iii)the manner of publication of the scheme and giving or publishing of notice under this chapter ; and
- (iv)the manner of doing or execution of such other things as can be, or may be, prescribed for giving effect to the provisions of this chapter.
- (3)All rules made under this Act shall, as soon as may be after they are made, be laid before each House of the State Legislature while it is in session, for a total period of fourteen days extending in its one session or more than one successive sessions and shall, unless some later date is appointed, take effect, from the date of their publication in the Gazette, subject to such modifications or annulments as the two Houses of the Legislature may agree to make ; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.” [Vide Uttar Pradesh Act V of 1963, s. 5] Uttar Pradesh Amendment of section 75.—In section 75 of the principal Act, in sub-section (1), for clause (4), the following clause shall be substituted, namely :— “(4) the amount of any charges made under this Act and the manner in which they shall be realized ; and” [Vide Uttar Pradesh Act 22 of 1979, s. 3]
Summary
- Grants the State Government the power to create, change, or cancel rules for the Act.
- Rules can cover how officers conduct their official proceedings.
- Provides for the creation of rules about appeals, including who handles them and what conditions apply.
- Allows the government to set rules for the time, place, and manner in which tasks are performed.
- Enables the setting of charges and rates through these rules.
- Requires that all rules be published in the Official Gazette to have the force of law.
Practical examples
1The government decides that all appeals regarding water distribution must be filed within 15 days. They publish this new rule in the Official Gazette so it becomes a law everyone must follow.
2To improve efficiency, the State Government creates a specific set of forms and steps that every Canal-officer must use during a local inquiry, as allowed by the Northern India Canal and Drainage Act, 1873.
FAQ
1. Who has the power to make rules under Section 75 of the Northern India Canal and Drainage Act, 1873?
The State Government has the power to make, alter, and cancel rules under Section 75 of the 1873 Act.
2. What makes a rule under Section 75 of the 1873 Act legally binding?
According to Section 75 of the 1873 Act, rules must be published in the Official Gazette to have the force of law.
3. Can Section 75 of the 1873 Act be used to set the cost of water?
Yes, Section 75 of the 1873 Act allows rules to be made regarding the amount of any charge made under the Act.
Test yourself
Q1.Under Section 75 of the Northern India Canal and Drainage Act, 1873, which of these can be regulated by rules?
Q2.When do rules made under Section 75 of the 1873 Act gain the "force of law"?
Q3.What can the State Government do to existing rules under Section 75 of the 1873 Act?
Q4.If a person wants to appeal a decision made by a Canal-officer, where would the rules for that appeal come from according to Section 75 of the 1873 Act?