Telangana act 1 of 1321 : The Telangana Railways, Government Irrigation Sources and other Public Buildings Protection Act, 1321 Fasli.

THE TELANGANA RAILWAYS, GOVERNMENT IRRIGATION SOURCES AND OTHER PUBLIC BUILDINGS PROTECTION

ACT, 1321 F.

(ACT NO. I OF 1321 F.)

ARRANGEMENT OF SECTIONS

Sections

1. Short title, commencement and extent.

2. Definitions.

3. Collector and Superintending Engineer may inspect irrigation sources.

4. When Collector considers necessary to have any work executed to protect any railway, Government irrigation sources or public building, he shall cause plan and estimate of proposed work to be prepared.

5. Collector to send plan and estimate to landholder concerned with order to execute work or show cause why he should not execute it.

6. Collector may cancel or modify order.

7. If order is upheld, Collector to call upon landholder by notice to execute work.

8. Persons concerned may submit objections to Collector as to nature of proposed work.

9. If landholder fails to execute work, Collector shall report the matter to Government who may direct execution thereof.

10. After execution of work, memorandum for payment of cost thereof to be served on landholder.

11. Procedure in case of emergency.

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12. Collector to decide amount to be paid by landholder.

13. Collector may appoint punch to determine liabililty of landholder.

14. If landholder fails to pay amount, Collector may recover it as arrears of land revenue.

15. Compensation to landholder for loss caused by execution of work.

16. Collector may appoint “Punch” to settle compensation.

17. If landholder is dissatisfied with compensation awarded he may have arbitrator appointed.

18. Notice, how to be served.

19. Procedure when Collector is of opinion that portion of cost should be borne by the local authority or Government.

20. When Collector considers work in respect of any irrigation source under control of Government should be executed for protection of railway, Government Irrigation sources or public building, he shall report to Government.

21. Damage not to be claimed for breach of this Act.

22. Government may confer upon Deputy or Assistant Collector powers of Collector.

THE TELANGANA RAILWAYS, GOVERNMENT IRRIGATION SOURCES AND OTHER PUBLIC BUILDINGS PROTECTION

ACT, 1321 F.1

ACT No.I OF 1321 F. 1. This Act may be called 2[the Telangana Railways, Government Irrigation Sources and other Public Buildings Protection Act, 1321 F.] and it shall come into force in 2[the Telangana] from the date of its publication in the 3[Official Gazette]. 2. In this Act, unless there is anything repugnant in the subject or context,- 4[(1) [XXX]] (2) the word “landholder” includes Makhtadars, Inamdars, Dastbandars, pattadars and Banjardars; (3) the word “railway” means a railway used for public conveyance of passengers or goods and includes:- (a) all lands situated within the fence or other boundary marks, which shall be laid under the Indian Railways Act No. IX of 1890;

1. The Andhra Pradesh (Telangana Area) Railways, Government Irrigation Sources and other Public Buildings Protection Act, 1321 F. in force in the combined State, as on 02.06.2014, has been adapted to the State of Telangana, under section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws (No.2) Order, 2016, issued in G.O.Ms.No.46, Law (F) Department, dated 01.06.2016. 2. Substituted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016. 3. Substituted for the word “Jarida” by the Andhra Pradesh Adaptation of Laws Order, 1957 (A.P.A.O. 1957). 4. Clause (1) was omitted by the Andhra Pradesh Adaptation of Laws Order, 1957.

Definitions.

Short title, commencement and extent.

Landholder.

Railway.

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(b) railway lines, extra-sidings or branches worked over for the purpose of or in connection with a railway; (c) all stations, offices, warehouses, machinery fixed in the ground and other buildings constructed for the purpose of or in connection with a railway; (4) the words “public buildings” also include bridges whether under the supervision of the Government 5[or any local authority]; (5) the words “irrigation sources” mean and include, tanks, ponds, rivers, brooks, embankments, sluices, weirs, revetments and other sources of like description; (6) the words “Superintending Engineer” mean the District Superintending Engineer incharge of irrigation work. 3. The 6[Collector] or any officer, not below the rank of a 7[Deputy or Assistant Collector], appointed by him for the work or any Superintending Engineer may, at any time, enter upon the land of any 8[XXX] landholder and inspect or cause to be inspected any irrigation sources which shall be so situated on such land that any railway, Government irrigation sources or other public buildings are liable to be injured from the overflow or escape of water therefrom. 4. When it appears to the 6[Collector], after consultation with the Superintending Engineer, that any work should be executed in respect of any irrigation sources, situate on the land of any 8[XXX] landholder for the protection of any railway, Government irrigation sources or other public

5. Substituted by the A.P.A.O. 1957. 6. Substituted for the word “Talukdar” by the A.P.A.O. 1957. 7. Substituted for the word “Suwam Taluqdar” (Third Taluqdar) by the A.P.A.O. 1957. 8. The Words “Jagirdar or” were omitted by the A.P.A.O. 1957.

Collector and Superintending Engineer may inspect irrigation sources.

When Collector considers necessary to have any work executed to protect any railway, Government irrigation sources or public building, he shall cause plan and estimate of proposed work to be prepared.

Public buildings.

Irrigation sources.

Superintending Engineer.

[Act No.I of 1321 F.] 3

building, against the overflow or escape of water, which is not the result of any extraordinary storm, he shall cause to be prepared plan and estimates thereof, specifying the work which, having regard to the safety of the railway lines, Government irrigation sources, other public buildings and the interest of the 9[XXX] landholder and other persons concerned, he may think necessary, and he shall also draw a statement showing with reasons, the proportion in which in his opinion, the 9[XXX] landholder in possession of or having control over the said irrigation sources shall contribute towards the expenses for executing the work. The statement shall contain the estimated cost of the proposed work together with the following particulars:- (1) A description of the irrigation sources in respect of which the work is to be executed. (2) The name of the 9[XXX] landholder who, to the 10[Collector’s] knowledge and belief, is in possession of or has control over such irrigation sources. (3) The proportion of the estimated expenditure which is to be borne by the 9[XXX] landholder. (4) The portion of the estimated expenditure which is to be borne by 11[the local authority] or the Government. The 10[Collector] shall have the statement translated in the language spoken in the district and cause copies thereof to be fixed at a conspicuous place or places in the village or villages to which the said sources belong.

9. The Words “Jagirdar or” were omitted by the A.P.A.O. 1957. 10. Substituted for the word “Talukdar” by the A.P.A.O. 1957. 11. Substituted by the A.P.A.O. 1957.

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5. The 12[Collector] shall, upon the preparation of the plan, estimate and statement referred to in the preceding section, send copies thereof to the 13[XXX] landholder mentioned in the statement as being in possession of or having control over the said irrigation sources and shall also order in writing requiring the 13[XXX] landholder to execute within a reasonable time mentioned in the order the work specified in such plan and estimate or to represent to the 12[Collector] in writing, or personally or through an agent or attorney and show cause why he should not execute the same. 6. If the 13[XXX] landholder, after making objection in writing or through an agent or attorney, satisfies the 12[Collector], after such Inquiry as he thinks fit, that the irrigation source specified in the statement is not wholly or partly in his possession or control or that the work other than the work proposed may be carried out for protection of the Government irrigation sources or other public building or that the whole or any part or the cost demanded from him to carry out the proposed work, should not be charged to the area, the 12[Collector] shall cancel or modify his order. 7. If the 12[Collector] does not cancel the order, he shall send a notice to the aforesaid 13[XXX] landholder requiring him to carry out, within such reasonable time, to be specified in the notice, as may be sufficient for the completion of work mentioned in the original or modified order; a copy of the order to be carried out, shall be enclosed with the notice. 8. Pending inquiry by the 12[Collector] or within 60 days from the date when the copy of the notice is affixed in the aforesaid manner, all concerned persons may submit their

12. Substituted for the word “Talukdar” by the A.P.A.O. 1957. 13. The Words “Jagirdar or” were omitted by the A.P.A.O. 1957.

If order is upheld, Collector to call upon 13[XXX] landholder by notice to execute work.

Collector to send plan and estimate to 13[XXX] landholder concerned with order to execute work or show cause why he should not execute it.

Collector may cancel or modify order.

Persons concerned may submit objections to Collector as to nature of proposed work.

[Act No.I of 1321 F.] 5

objections to the 14[Collector] in regard to the nature of the proposed work. 9. If the work mentioned in the order specified in section 7 is not executed within the fixed period, the 14[Collector] shall report the matter to the Government in the Finance Department who may direct that the proposed work be carried out or may pass any other suitable order. A copy of the order of the Government shall be caused to be served on the 15[XXX] landholder and it shall also be published in the 16[Official Gazette]. 10. After the execution of work as required by section 9, the 14[Collector] shall cause to be served upon the 15[XXX] landholder a memorandum showing the total cost incurred in the execution of the work and also the sum which is required to be paid, in the opinion of the 14[Collector], by the 15[XXX] landholder. A notice requiring payment of amount within a period specified therein shall also be sent along with the memorandum. 11. (1) If the 14[Collector] has reason to believe that the immediate execution of any work in respect of any irrigation sources in the possession or under the control of a 15[XXX] landholder is necessary for protection against injury by flood, which may not be due to extraordinary storm, to any railway, Government irrigation sources or other public building and that the circumstances of the case do not permit of action first being taken under sections 4 and 5 of this Act, the 14[Collector] shall, after recording reasons therefor, take immediate steps for the execution of such 14. Substituted for the word “Talukdar” by the A.P.A.O. 1957. 15. The Words “Jagirdar or” were omitted by the A.P.A.O. 1957. 16. Substituted for the word “Jarida” by the A.P.A.O. 1957.

If 15[XXX] landholder fails to execute work, Collector shall report the matter to Government who may direct execution thereof.

After execution of work, memorandum for payment of cost thereof to be served on 15[XXX] landholder.

Procedure in case of emergency.

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work. Thereafter, the 17[Collector] shall, without unnecessary delay, prepare a report showing the grounds on which his opinion is based together with the material facts of the case. A copy of the said report shall be caused to be served by the 17[Collector] upon the 18[XXX] landholder, whom he believes to be in possession of or to have control over such irrigation sources and to it shall be appended a memorandum specifying the nature of the work, the total cost thereof and the sum which, in the opinion of the 17[Collector] the said 18[XXX] landholder should pay. A notice calling upon him to pay such sum within the period fixed therein or to appear before the 17[Collector] and show cause why he should not be made to pay the same, shall also be appended. (2) A copy of the said report, when prepared shall be submitted to 19[the Government] forthwith together with a copy of the memorandum appended thereto. 12. If the 18[XXX] landholder or their attorney, agent or secretary, shows cause before the 17[Collector] under section 11, the 17[Collector] shall after such inquiry as he may deem fit, decide the amount to be paid by the 18[XXX] landholder and shall cause a notice to be served upon him requiring him to pay the amount within the period fixed in the notice. 13. When the 17[Collector] is holding an inquiry under section 6 or section 12, he may, on the application of the 18[XXX] landholder appoint a Punch for the purposes of ascertaining whether the 18[XXX] landholder is liable to payment and if so, to what extent. The number of such Punch including the Sar-Punch, who shall be acceptable to both the parties, shall not exceed five and of the remaining 17. Substituted for the word “Talukdar” by the A.P.A.O. 1957. 18. The Words “Jagirdar or” were omitted by the A.P.A.O. 1957. 19. Amended by Act No.III of 1308 F.

Collector to decide amount to be paid by 18[XXX] landholder.

Collector may appoint punch to determine liability of 18[XXX] landholder.

[Act No.I of 1321 F.] 7

Punch, half the number shall be nominated by the 20[Collector] and the other half by the 21[XXX] landholder, and in case of difference over the appointment of Sar- Punch, the decision of the 22[Board of Revenue] shall be final. The 20[Collector] may summon the Punch at such place and at such time as he thinks fit and may also fix the period within which they are to submit their opinion. 14. If any 21[XXX] landholder, to whom an order has been given under sections 10, 11 or 12, neglects or refuses to pay the sum mentioned therein, in whole or in part, the 20[Collector] may recover the sum from the said 21[XXX] landholder like arrears of land revenue under the provisions of the Land Revenue Act. 15. Any 21[XXX] landholder or any other person shall be entitled to reasonable compensation for any loss or damage occasioned to him by, or in the course of the execution of work done, under sections 5, 7, 9 or 11. The amount of compensation shall be fixed by the 20[Collector] after such inquiry as he may deem fit. 16. For the purposes of inquiry, the 20[Collector] may, on the application of the claimant, appoint Punch, not exceeding five in number including the Sar-Punch, who shall be acceptable to both the parties, of the remaining Punch half the number shall be nominated by the 20[Collector] and half by the claimant. In case of disagreement as to the appointment of Sar-Punch, the decision of the 22[Board of Revenue] shall be final. The 20[Collector] may summon the Punch at such place and at such time as he thinks fit and may also fix a period within which they shall submit their opinion. 20. Substituted for the word “Talukdar” by the A.P.A.O. 1957. 21. The Words “Jagirdar or” were omitted by the A.P.A.O. 1957. 22. Substituted for the word “Subedar” by the A.P.A.O. 1957.

If 21[XXX] landholder fails to pay amount Collector may recover it as arrears of land revenue.

Compensation to landholder for loss caused by execution of work.

Collector may appoint Punch to settle compensation.

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17. (1) In the event of the 23[Collector] and the 24[XXX] landholder or other person, being unable to come to an agreement as to the amount of compensation, the said 24[XXX] landholder or other person may apply that the amount of compensation be fixed by an arbitrator. (2) The Government, when it disagrees with the amount of compensation fixed by the 23[Collector] and every 24[XXX] landholder when he is not satisfied with any order mentioned in section 10 or section 12, may apply for the settlement of the matter by an arbitrator. (3) On an application mentioned in sub-sections (1) and (2) being made, the matter shall be referred to a Judge of the High Court 25[or the District Judge] who may be appointed as an arbitrator by the Government and his decision shall be final. 18. Every notice issued under the provisions of this Act shall, as far as possible, be served on the person to whom it is addressed or if he is not present, shall be left at his usual or last known place of abode with some adult member of his family, servant or agent or may be sent by a registered letter or be affixed upon a conspicuous part of his usual or last known place of abode. When the notice is so served it shall be deemed to have been duly presented or served. 19. (1) When the 23[Collector] is of opinion that a portion of the awarded cost should be borne by 26[the local authority] or the Government, he shall forward a copy of the report to the concerned department.

23. Substituted for the word “Talukdar” by the A.P.A.O. 1957. 24. The Words “Jagirdar or” were omitted by the A.P.A.O. 1957. 25. Substituted for “Ya Nazim Sadar Adalt” (or Divisional Judge) by the A.P.A.O. 1957. 26. Substituted by the A.P.A.O. 1957.

If 24[XXX] landholder is dissatisfied with compensation awarded he may have arbitrator appointed.

Notice, how to be served.

Procedure when Collector is of opinion that portion of cost should be borne by the local authority or Government.

[Act No.I of 1321 F.] 9

(2) Within thirty days of the receipt of the copy of the report, 27[the local authority] or Government shall intimate to the 28[Collector] approval or disapproval of the work. (3) If 27[the local authority] approves the execution of the work, it shall pay the amount which the 28[Collector] has determined as payable by it and in case of disapproval, the matter shall be referred to the Finance Department for order of the Government and the order of the Government in this behalf shall be final. 20. (1) Whenever it shall appear necessary to the 29[Collector] that any work should be executed in respect of any irrigation sources under the control of the Government for the protection of any railway, Government irrigation sources or other public building, he shall at once report the matter to the Government in the Finance Department and suitable orders in this behalf shall be issued by the Government. 30[(2) [XXX]] 21. Nothing herein contained shall entitle 31[Railway Administration or local authority] to claim damages for breach of the provisions of this Act.

27. Substituted by the A.P.A.O. 1957. 28. Substituted for the word “Talukdar” by the A.P.A.O. 1957. 29. Substituted for the word “Talukdar” by the A.P.A.O. 1957 and marginal heading amended by Act No.III of 1308 F. 30. Clause (2) was omitted by the A.P.A.O. 1957. 31. Substituted for the words “Railway Company Municipality or local board” by the A.P.A.O. 1957.

When Collector considers work in respect of any irrigation source under control of [Government] should be executed for protection of railway, Government Irrigation sources or public building he shall report to Government.

Damage not to be claimed for breach of this Act.

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22. The Government may by notification, authorise any 32[Deputy or Assistant Collector] to exercise any of the powers of a 33[Collector] vested in him under this Act.

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32. Substituted for the words “Duwwum or Suwwum Taluqdar” (Second and Third Taluqdar) by the A.P.A.O. 1957. 33. Substituted for the word “Talukdar” by the A.P.A.O. 1957.

Government may confer upon Deputy or Assistant Collector powers of Collector.