Tamil nadu act 018 of 1943 : Tamil Nadu Irrigation Works (Repairs, Improvement and Construction) Act, 1943

Preamble

[1[Tamil Nadu] Irrigation Works (Repairs, Improvement and Construction) Act, 1943]*

1[Tamil Nadu Act No. 18 of 1943]2[5th October, 1943]

as Amended by 1[Tamil Nadu] Act No. IV of 1945

An Act to provide for the repair or Improvement of private irrigation works, the construction of new irrigation works on private lands and the supply of water from Government to private irrigation works, in the 3[State of Tamil Nadu].

Whereas it is expedient 4[* *] to empower the 5[State Government] to repair or improve private irrigation works, to construct new irrigation works on private lands, to supply water from Government irrigation works to private irrigation works, to recover the cost of doing so in the cases aforesaid.

It is hereby enacted as follows:-

1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

2 For Statement of Objects and Reasons, see Fort St. George Gazette, dated the 20th April, 1943, Part IV-A, pages 19-20.

This Act was extended to the merged State of Pudukkottai by section 3 of, and the First Schedule to, the Tamil Nadu Merged States (Laws) Act, 1949 (Tamil Nadu Act XXXV of 1949).

This Act was extended to the Kanyakumari district and the Shencottah taluk of the Tirunelveli district by section 28 of the Tamil Nadu (Transferred Territory) Ryotwari Settlement Act, 1964 (Tamil Nadu Act 30 of 1964) repealing the corresponding law in force in that territory.

3 This expression was substituted for the expression "Province of Madras" by the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th January, 1969.

4 The words "for the purpose of maintaining and increasing the production of food in the present emergency in the province of Madras" were omitted by section 3 of, and the Second Schedule to, the Tamil Nadu Re-enacting (No. II) Act, 1948 (Tamil Nadu Act VIII of 1948).

5 This expression was substituted for the expression "Provincial Government" by the Tamil Nadu Adaptation of Laws Order, 1970.

* Received the assent of the Governor on the 29th September, 1943; first published in the Fort St. George Gazette on the 5th October, 1943

Section 1. Short title and extent

1. Short title and extent.- (1) This Act may be called the 2[Tamil Nadu] Irrigation Works (Repairs, Improvement and Construction) Act, 1943.

(2) It extends to the whole of the 3[State of Tamil Nadu].

2 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

3 This oxpression was substituted for the expression "State of Madras" by ibid.

Section 2. Power to repair, improve and construct irrigation works and to supply water from Government irrigation works

2. Power to repair, improve and construct irrigation works and to supply water from Government irrigation works.- If, in the opinion of the 4[State] Government, it is necessary or expedient so to do 5[* *], they may-

(a) execute or cause to be executed, repairs to any irrigation work in private ownership which is not working at maximum efficiency;

(b) improve or cause to be improved, any irrigation work in private ownership;

(c) construct or cause to be constructed, a new irrigation work on 6[land situated in an estate as defined in the 2[Tamil Nadu] Estates Land Act, 1908] (2[Tamil Nadu] Act I of 1908);

1[(cc) acquire in accordance with the provisions of the Land Acquisition Act, 1894 (Central Act I of 1894), any land in ah estate as defined in the 2[Tamil Nadu] Estates Land Act, 1908 (2[Tamil Nadu] Act I of 1908), necessary for the purpose of constructing a new irrigation work, if the work is intended to serve lands situated in two or more estates as so defined or partly lands situated in such estate or estates and partly lands in ryotwari tracts, and construct or cause to be constructed the irrigation work on the land which has been acquired;]

(d) provide for the supply of water from any Government irrigation work to any irrigation work in private ownership.

4 This word was substituted for the word "Provincial" by the Adaptation Order of 1950.

5 The words "in order to maintain or increase the production of food in the Province" wore omitted by section 3 of, and the Second Schedule to, the Tamil Nadu Re-onacting (No. II) Act, 1948 (Tamil Nadu Act VIII of 1948).

6 These words were substituted for the words "land not being Crown property" by section 2(i) of the Madras Irrigation Works (Repairs, Improvement and Construction) Amendment Act, 1945 (Madras Act IV of 1945).

2 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

1 This clause was inserted by section 2(ii) of the Madras Irrigation Works (Repairs, Improvement and Construction) Amendment Act, 1945 (Madras Act IV of 1945).

2 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

Section 3. Recovery of the cost and of fees

3. Recovery of the cost and of fees.- (1) The 3[State] Government shall-

(a) meet in the first instance the cost of the measure referred to in 4[clause] (a), (b), or (c) of section 2;

(b) determine the amount of such cost after the execution of the said measures.

5[]

6[(1-A) In the cases referred to in clauses (a) and (b) of section 2, the 3[State] Government shall be entitled to recover in a lump-sum the amount determined under clause (b) of sub-section (1) from the landholder or other person who by any law or custom is bound to keep the irrigation work in repair.

(1-B) In the case referred to in clause (c) of section 2, the 1[State] Government shall be entitled to recover in a lump-sum from the landholder on whose land the new irrigation work has been constructed-

(i) if the irrigation work is intended to serve exclusively lands situated in the estate, the cost of the measure as determined under clause (b) of sub-section (1);

(ii) if the irrigation work is intended to serve partly lands situated in such estate and partly lands in ryotwari tracts, such proportion of the cost of the measure as determined under clause (b) of sub-section (1) as the extent of the lands in the estate served by the irrigation work bears to the total extent of the lands served by the work:

Provided that the amount recoverable under this sub-section shall not exceed the value capitalized at four per cent of the average net additional annual income estimated by the 1[State] Government as likely to be derived by the landholder as a result of the construction of the irrigation work.

(1-C)(a) On the expiry of five fasli years after the completion of the irrigation work, the 1[State] Government shall determine the value capitalized at four per cent of the actual amount of the average net additional annual income derived by the landholder as a result of the construction of the irrigation work during the said fasli years.

(b) If the value determined under clause (a) exceeds the amount recovered from the landholder under sub-section (1-B), the difference shall be recovered from him and if such value is less than the amount recovered from him, the difference shall be refunded to him.

(1-D) The irrigation work referred to in clause (ii) of sub-section (1-B) shall be maintained by the landholder and the cost of maintenance shall be shared between the landholder and the 1[State] Government in the proportion in which the cost of the work has been shared].

(2) In the cases referred to in clauses (b) and (c) of section 2, where the 2[person liable under sub-section (1-A) or sub-section (1-B)] to pay the cost of the measures is the landholder of an estate as defined in the 3[Tamil Nadu] Estates Land Act, 1908 (3[Tamil Nadu] Act ??? 1908), he shall be entitled to apply under clause (ii) of section 30 of the said Act for an enhancement of the rent payable by the ryots benefited by such measures.

Explanation.- It shall not be open to any ryot to refuse a supply or an improved supply of water which may result from the measures aforesaid.

4[(2-A) In the case referred to in clause (c) of section 2, the 1[State] Government shall be entitled to-

(a) fix the area to be irrigated from such work in the estate and in ryotwari tracts, if any; and

(b) charge fees for the water supplied from the irrigation work to the lands situated in ryotwari tracts, if any, at such rates as they deem fit and recover the fees from such persons, at such times and on such terms and conditions as may be specified in accordance with the rules made under this Act].

(3) In the 1[cases referred to in clauses (cc) and (d) of section 2,] the 1[State] Government shall be entitled to charge fees for the water supplied by them at such rates as they deem fit, and the fees so charged shall be recovered from such persons, at such times and on such terms and conditions as may be specified in accordance with rules made under this Act.

3 This word was substituted for the word "Provincial" by the Adaptation Order of 1950.

4 This word was substituted for the word ‘clauses’ by section 4 of, and the Third Schedule to, the Tamil Nadu Repealing and Amending Act, 1957 (Tamil Nadu Act XXV of 1957). In so far as the added territories are concerned, the above amendment was made by section 4 of, and the Second Schedule to, the Tamil Nadu (Added Territories) Extension of Laws Act, 1962 (Tamil Nadu Act 14 of 1962).

5 Clause (c) was omitted by section 3(i) of the Madras Irrigation Works (Repairs, Improvement and Construction) Amendment Act, 1945 (Madras Act IV of 1945).

6 Sub-sections (1-A) to (1-D) were inserted by section 3,(ii), ibid.

1 This word was substituted for the word "Provincial" by the Adaptation Order of 1950.

1 This word was substituted for the word "Provincial" by the Adaptation Order of 1950.

2 These words, brackets, figures and letters were substituted for the words, brackets and figure "person liable under sub-section (1)" by section 3(iii) of the Madras Irrigation Works (Repairs, Improvement and Construction) Amendment Act, 1945 (Madras Act IV of 1945).

3 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

4 This sub-section was inserted by section 3(iv) of the Madras Irrigation Works (Repairs, Improvement and Construction) Amendment Act, 1945 (Madras Act IV of 1945).

1 These words, brackets, letters and figure wore substituted for the words, brackets, letter and figure "case referred to in clause (d) of section 2" by section 3(v) of the Madras Irrigation Works (Repairs, Improvement and Construction) Amendment Act, 1945 (Madras Act IV of 1945).

Section 4. Cost and fees payable on issue of written notice of demand

4. Cost and fees payable on issue of written notice of demand.- (1) Any cost or fee recoverable by the 2[State] Government under section 3 shall become payable to them, on the person concerned being served with a written notice of demand issued by such Government and in accordance with the terms thereof.

(2) Such cost or fee shall carry interest, from the date on which it becomes payable, at such rate as may be notified by the 2[State] Government in that behalf.

2 This word was substituted for the word "Provincial" by the Adaptation Order of 1950.

Section 5. Cost and fees recoverable as an arrear of land revenue

5. Cost and fees recoverable as an arrear of land revenue.- Any cost or fee which has become payable under section 4-

(a) may be recovered as if it were an arrear of land revenue from the person by whom it is payable; and

(b) shall be a charge on the interest of such person in lands served by the irrigation work concerned.

Section 6. Power of entry and inspection

6. Power of entry and inspection.- The District Collector or any officer appointed by him in this behalf may, for the purposes of this Act, at all reasonable times, enter upon and inspect any land including the irrigation work, if any, situated therein.

Section 7. Delegation of the powers of the State Government

7. Delegation of the powers of the State Government.- (1) The 1[State] Government may, by notification in the Fort St. George Gazette, delegate all or any of their powers under this Act except those conferred upon them by this section and section 11, to any person or authority subordinate to the 1[State] Government, and may in like manner withdraw any powers so delegated.

(2) The exercise of any powers delegated under sub-section (1) shall be subject to such restirctions, limitations and conditions, and to control and revision by such authority or authorities, as may be specified in the notification.

1 This word was substituted for the word "Provincial" by the Adaptation Order of 1950.

Section 8. Jurisdiction of Courts ousted in certain cases

8. Jurisdiction of Courts ousted in certain cases.- Any action taken or thing done under section 2, 3 or 4 shall, subject to the provisions of sub-section (2) of section 7, be final, and shall not, save as otherwise provided in any rules made under this Act, be liable to be called in question in any Court of law; nor shall any Court of law issue an injunction in regard to any action or thing proposed to be taken or done under section 2, 3 or 4.

Section 9. Bar of certain proceedings

9. Bar of certain proceedings.- (1) No suit, prosecution or other proceeding shall lie against any officer or servant of the 1[State] Government, for any act done or purporting to be done under this Act, without the previous sanction of the 1[State] Government.

(2) No officer or servant of the 1[State] Government shall be liable in respect of any such act in any civil or criminal proceeding, if the act was done in good faith in the course of the execution of duties or the discharge of functions imposed by or under this Act.

1 This word was substituted for the word "Provincial" by the Adaptation Order of 1950.

Section 10. Limitation for certain proceedings

10. Limitation for certain proceedings.- No suit shall be instituted against the 2[Government], and no suit, prosecution or other proceeding shall be instituted against any officer or servant of the 1[State] Government in respect of any act done or purporting to be done under this Act, unless the suit, prosecution or other proceeding is instituted within six months from the date of the act complained of.

2 This word was substituted for the word "Crown" ???.

1 This word was substituted for the word "Provincial" by the Adaptation Order of 1950.

Section 11. Power to make rules

11. Power to make rules.- (1) The 1[State] Government may 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-

(a) for any matter required or allowed by this Act to be regulated by rules;

(b) for the procedure to be adopted under this Act;

(c) for determining and adjusting the rights and liabilities of the landholders and ryots, where the irrigation work concerned serves two or more estates as defined in the 2[Tamil Nadu] Estates Land Act, 1908 (2[Tamil Nadu] Act I of 1908);

(d) any other matter for which there is no provision or no sufficient provision in this Act and for which provision is, in the opinion of the 1[State] Government necessary, for giving effect to the purposes of this Act.

(3) All rules made under this section shall be published in the Fort St. George Gazette and upon such publication shall have effect as if enacted in this Act.

1 This word was substituted for the word "Provincial" by the Adaptation Order of 1950.

2 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as a trended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

Section 12. Act to override other enactments

12. Act to override other enactments.- The provisions of this Act and of any rules, orders, proceedings, action or other thing made, taken or done thereunder shall have effect, notwithstanding anything inconsistent therewith contained in any other enactment or law for the time being in force.

SECTIONS