Tamil nadu act 025 of 1959 : Tamil Nadu Irrigation Works (Construction of Field Bothies) Act, 1959

Section 1. Short title, extent and commencement

1. Short title, extent and commencement.- (1) This Act may be called the ¹[Tamil Nadu] Irrigation Works (Construction of Field Bothies) Act, 1959.

(2) It extends to the whole of the ¹[State of Tamil Nadu].

(3) It shall come into force on such date as the Government may, by notification, appoint.

Section 2. Definitions

2. Definitions.- In this Act, unless the context otherwise requires,-

(a) ‘ayacut’ in relation to an irrigation work means the lands which have been registered as lands entitled to irrigation under that irrigation work by any authority or officer authorized by the Government;

(b) ‘Collector’ means a Revenue Divisional Officer and includes any person appointed by the Government to exercise any of the functions of a Collector under this Act;

(c) ‘field bothies’ means small channels which run from outlets in the Government channels and which convey and distribute water to individual fields;

(d) ‘Government’ means the State Government;

(e) ‘irrigation work’ means any of the projects or canals specified in the Schedule to this Act and any other project or canal which may be declared by the Government by notification to be an irrigation work;

(f) ‘owner’ means-

(i) any person holding land in severally or jointly or in common under a ryotwari settlement or in any way subject to the payment of revenue direct to the Government, or

(ii) a landholder as defined in the ²[Tamil Nadu] Estates Land Act, 1903 (²[Tamil Nadu] Act I of 1908) or a ryet as defined in that Act, or

(iii) an inamdar not being a landholder defined ass aforesaid,

and includes the person for the time being receiving or entitled to ??? whether on his own account or as agent, ??? manager or receiver, for another person, the real or profit derivable from land, or a mortgagee with possession;

(g) ‘water course’ means a river, stream, natural channel, lake or natural collection of water and includes any tributary or branch of any river, stream or channel.

Section 3. Collector to require owners by notice to construct or dig field bothies

3. Collector to require owners by notice to construct or dig field bothies.- If the Collector is satisfied that it is necessary or expedient that any owner should construct or dig field bothies in his land in the ayacut of an irrigation work, he shall by notice require the owner to construct or dig field bothies in that land within such time as may be specified in the notice and in such manner as may be prescribed.

Section 4. Penalty for failure to comply with notice under section 3

4. Penalty for failure to comply with notice under section 3.- If the owner fails to construct or dig field bothies in his land is required in the notice and in the manner prescribed under section 3, the Collector may, after giving the owner a reasonable opportunity of being heard, make an order excluding such land from the ayacut of the irrigation work concerned.

Section 5. Appeal against order under section 4

5. Appeal against order under section 4.- (1) Any person aggrieved by an order of the Collector under section 4 may, within a period of thirty days from the date on which the order was served on him in the manner prescribed, appeal against such order to the District Collector:

Provided that the District Collector may admit an appeal presented after the expiration of the said period of thirty days, if he is satisfied that the appellant had sufficient cause for not presenting the appeal within the said period.

(2) The appeal shall be in such form and shall be verified in such manner and shall be accompanied by such fee as may be prescribed.

(3) In disposing of an appeal, the District Collector may, after giving the appellant a reasonable opportunity of being heard, pass such order on the appeal as he thinks fit. The order of the District Collector on such appeal shall be final and shall not be called in question in any court of law.

Section 6. Government to construct or dig field bothies

6. Government to construct or dig field bothies.- (1) It shall be lawful for the Government to construct or dig field bothies on any land belonging to them or acquired by them for the purpose, for utilizing the water for the purpose of irrigation, notwithstanding that such construction or digging may interfere with the right of any person to take water from any water course for the purpose of irrigating his land or for any other purpose.

(2) Where, in pursuance of sub-section (1), any field bothy is constructed or dug by the Government, the cost of construction or digging of such bothy, or such portion of the cost as the Collector may specify, may be recovered by the Collector from the owners of the lands and other properties benefited by the field bothy in such proportions and in such manner as may be prescribed.

Explanation.-For the purposes of this sub-section, the expression ‘cost of construction or digging of such bothy’ shall include-

(i) the cost of the land acquired for the purpose, and

(ii) the expenditure incurred towards the employment of the special staff for the purpose.

(3) Any amount recoverable by the Collector under sub-section (2) may be recovered as if it were an ??? of land ???.

Section 7. Obstruction or interference with water flowing in field bothy prohibited in certain cases

7. Obstruction or interference with water flowing in field bothy prohibited in certain cases.- (1) No person shall, except in accordance wilt such rules as may be ??? do anything which obstructs or interferes or is likely to obstruct or interfere with the flow of water in any field bothy.

(2) If any person contravenes the provisions of sub-section (1), he shall be punishable with imprisionment which may extend to six months or with fine which may extend to one thousand rupees or with both.

Section 8. Bar of suits and proceeding

8. Bar of suits and proceeding.- (1) No suit or other legal proceedings shall lie against the Government, at the instance of any person-

(a) in respect of any act done or purporting to be done under this Act, or

(b) on the ground that any field bothy interferes or is likely to interfere with his rights in any manner

(2) No suit, prosecution or other legal proceeding shall lie against any officer or servant of the Government for anything which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder.

Section 9. Power to make rules

9. Power to make rules.- (1) The Government may, by notification, make rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for any matter required ??? by this Act to be prescribed.

(3) All rules made and ill notifications issued under this Act shall, as soon as possible after they are made, be placed on the table of both the Houses of the Legislature and shall be subject to such modifications by way of amendment or repeal as the Legislature may make either in the same session or in the next session.