THE TRAVANCORE-COCHlN IRRIGATION ACT, 1956 (President's-Act No. -Vll o~~ ~ J1 CONTBNTS. ( ~0 j/c J -~)
Sections:
PART I
PRELIMINARY
1. Short title, extent and commencement.
2. Defimtwns.
3. Conferment of powers.
PART II.
PETTY AND MINOR IRRIGATION WORKS.
4. Construction, repair and maintenance of petty irriga- tion works.
5. Constructwn, repair and maintenance of minor irri- gatwn works.
6. Procedure of the Collector on an application for exe- cutwn of new minor Irrigation works.
7. Notice to put in obJectwns.
8. When Government may carry out the work.
9. Accident to any petty or minor irrigation work.
10. Execution of work for the proper maintenance of petty and mmor irngatwn work.
PART III
MAJOR IRRIGATION WORKS
11. Constructwn, repair and mamtenance of major irri- gation works.
12. Procedure of construction of major Irrigation work.
13. Investigatwn of objectwns
14 When the Government may carry out the work.
15. Power to levy cess.
16. Irngatwn Officer to report penodically on conditwn of major IrrigatiOn works.
PART IV
BETTERMENT CONTRIBUTION
17. Levy of betterment contributwn
18. Amount of betterment contribution.
19. Contribution recoverable as arrear of land revenue.
20. When contribution becomes payable.
21. Mode of payment of contribution
22 Rebate in certain cases.
23 Right of reimbursement m respect of contnbutwn.
24 Tenant or mortgagee liable to pay mstalment of con- tnbutwn.
25 ExemptiOn
26 Postponement of recovery of contnbutwn.
1
Bi Sections·
28.
29.
PART V.
OBTAINING MATERIALS IN EMERGENCIES
Impressment of materials for urgent works of repair etc.
Payment for the matenals taken.
Compensation for damage m taking materials.
PART VI.
REGULATION OF WATER SUPPLY.
30. D1stnbut10n of water from IrrigatiOn works.
PART VII.
PENALTIES AND PROCEDUR~.
31. Offences punishable under the Act.
32. Cost of carrymg out work to be recovered from con- victed person.
33. Suit or apphcatlon for the 1ssue of an inJunction.
34. Power to arrest without warrant.
35. PeriOd of lim1tatwn.
36.
37.
38
39.
40.
41.
42.
PART VIII
MISCELLANEOUS
Protection of action taken under Act Bar of action agamst Government or Panchayat. Rate of cess fixed under this Act to be final. and not to be questioned by any Civil Court. Constitution of IrrigatiOn Boards, their functions. DelegatiOn of powers by Government.
Liability to pay cess.
Power to make rules.
Repeals and Savings.
2
cr~~ w-t.,,J~~ w~ ~~~.fit ~ e~/~~~~.
*~~~~~~~
¥.fMc?4>~oa-. ~ ~~+-~ THE TRAVANCORE-COCHIN IRRIGATION A , 1956 ~ No. VII OF 1956 ~ ~ 8t .e4._ .lfli'1Ae'fl!lB BY ~HI'> ~R&Sl:BBNlf'-iN 'fliE SEVEN I H 'i EAR OF 1 fi'E . I .Ri:PUBLIC OF INBIA- ~~
od~
An Act to provide for the construction, repair and
mamtenance of trngatwn works, the conservutwn and dt.stnbu- tion of water for purposes of trngation and the levy of betterment contribution and water cess.
erci~f the p~ers conferre<\_ by section 3 ~ the
Trav e-Coc in State L islature (D~I~gation o'i.__ Po ers) Act ( 29 o 1956) , the a:esident is pleased to ~na as
follows. ~~
PART I.
p ', I ~ I PRELIMINARY 1(. \ f.-0;•'. r 11\ ", •
1. Short title, extent and commencement. ~\pt~'){ls~ Ac·t· may be called the Travancore-Cochin IrrigatiOn Act, 19~'· •··"' · -
(2) It extends to the whole of the State of Travancore- Cochin.
(3) It shall come into force on such date as the Govern- ment may, by notification, appomt.
2. Definitions. In this Act, unless the context otherwise requires,-
( 1) "Collector" means the Collector of a district;
(2) "contribution" means the betterment contributiOn reqUlres,-
(3) "irrigation" with 1ts grammatical variations mcludes
"drainage" with its corresponding variations; ( 4) "Irrigation Officer" means an officer appointed by the Government to perform all or any of the functions of an Irriga- tion Officer under this Act;
(5) "irrigation work" includes- ( a) all canals, channels, reservoirs and tanks which are intended or which are or may be used for the supply and Rtoragc of water for agri-cultural purposes;
(b) all works, embankments, structures, supply and escape channels connected with such canals, channels, reservoirs or tanks;
(c) all water-courses wh1ch are supphecl with water from such canals, channels, reservOirs or tanks;
(d) all drainage works, that 1s to say, canals, channels, escape channels from a canal, channel, reservoir or tank, dams, weirs, embankments , slUices, groynes or othc1· works for th<' -------
Republished m the Gazette Extt J.O! dm~u y, dated :ll el OctohcJ If!~><>
3
L
protectiOn or benefit of agricultural lands or for the reclamation of kole lands, kayal lands, kan lands, or such other lands; and
(e) all lands occupied by the Government for the pur- poses of such canals, channels, reservoirs, tanks and all build- mgs, machinery, fences, gates and other erectiOns occupied by or belonging to the Government upon such lands; ( 6) "landholder" m relatiOn to any land means the person hable to pay to the Government the public revenue due on the land:
Provided that in respect of any land comprised m the hold- ing of a kanam tenant m the territory to which the Kanam Te- nancy Act, 1955 (XXIV of 1955) extends the kauam tenant and not the jenmi shall be deemed to be the landholder in respect of such land.
(7) "lift irrigation work" means an Irrigation work by which water for irrigation purposes is supplied with the aid of pumping sets or other mechamcal devices;
(8) "major irrigation work" includes hft irrigation work and all irrigation works irrigating or useful for the drainage or protection of an extent of over 200 acres;
(9) "majority of proprietors" means the proprietors of more than one-half of the acreage benefited by an irrigation work;
(10) "minor irrigatiOn work" includes all irrigation works other than major and petty irrigation works; ( 11) "notification" means a notification published in the Gazette;
( 12) "petty IrrigatiOn work" mcludes all IrrigatiOn works Irrigatmg or useful for the drainage or protection of an extent of not over five acres;
(13) "prescribed" means prescribed by rules made under this Act;
(14) "proprietor" means the owner of the land and m- cludes the cultivator or person in actual possessiOn of such land.
3. Conferment of powers. The Government may, from time to time, by notificatiOn, mvest any officer or any Board constitut- ed under this Act or any member thereof with all or any of the powers or duties conferred or Imposed by or under this Act on the Government and shall declare the local limits within which such powers or duties shall be exercised or performed.
PART II.
PETTY AND MINOR IRRIGATION \VOHKS.
4 Constructwn, rcpatr and mamtcnancc of petty 1rnqat 1011 u:orks. ( 1) The construdwn, 1 epair and maintenance of all
• \ ! '
4
85
petty irrigatiOn works shall devolve upon the panchayat within the local hmits of which such petty Irrigation works are situated:
ProVIded that the construction, repair and maintenance of petty irrigation works m local areas where according to custom such works are carried out, repaired or maintained by the Government wholly at their cost, may be taken up by the Government.
(2) The panchayat may, with the previous sanction of the Government, levy an annual cess on any area benefited by a petty irrigation work constructed, repaired or restored wholly or partly at the cost of the panchayat.
( 3) Such cess shall be fixed upon an acreage basis and so as to ensure to the panchayat a return not exceeding three per cent. on the capital expenditure incurred by the panchaynt after making provision for depreciation and maintenance:
Provided that the cess so fixed shall not exceed Rs. 3-8-0 per acre.
5. Construction, repair and maintenance of minor irrigation works. ( 1) Save as otherwise provided, the construction, re- pair and maintenance of all mmor irrigation works shall devolve upon the Government.
(2) The Government may levy an annual cess on any area benefited by a minor irrigation work constructed wholly or partly at the cost of the Government.
( 3) The cess under sub-section ( 2) shall be fixe
Provided that the cess so fixed shall not exceed Rs. 3-8-0 per acre.
( 4) If the majority of the proprietors agree to repay the cost incurred by the Government on any mmor irrigation work, no cess shall be levied on the land benefited by such work, but the proprietors shall be liable to main tam the work in such manner and within such time as may be prescribed. The cost incurred by the Government on such work shall be a first charge on the lands benefited and shall be recovered pro rata from such lands as arrears of public revenue in such equal annual mstal- ments, not less than five, and on such dates as may be fixed by the Government from time to time together with interest at three per cent. per annum·
Provided that the Government may remit in whole or in part the cost incurred by them on any such work and the inter- est thereon.
86
(5) The Government may levy an annual cess on any area benefited by a minor irrigation work existing at the commence- ~ ment of this Act and which IS restored or repaired after such commencement wholly or partly at the cost of the Government.
(6) The cess under sub-section (5) shall be fixed upon an acreage basis so as to ensure to the Government a return not exceeding three per cent. on the total cost incurred by them after making provision for the cost of maintenance of such work:
Provided that the cess so fixed shall not exceed Rs. 3-8-0 per acre.
(7) Nothing in sub-sections (2), (3), (4), (5) and (6) shall apply to mmor IrrigatiOn works m local areas where ac- cordmg to custom the constructiOn, eepa1r and mamtenance of such works are carried out by the Government wholly at their cost.
6. Procedure of the Collector on an applicatwn for execution -... of new minor trrigation works. If in any local area the Collec- tor IS satisfied on the applicatiOn of any proprietor mterested in a minor irrigatiOn work or otherwise and after making such enquiries as he may deem necessary that the work should be executed in the interest of the majority of proprietors, he may cause a plan and an estimate of the work and a specification of the lands likely to be benefited thereby to be prepared.
7. Nottce to put in obJections. (1) The plan, estimate and specification prepared under section 6 shall be forwarded to the Government and an abstract of the estimate and the specifica- tion of the lands likely to be benefited shall be published in the Gazette with a notice calling upon all persons concerned who may have any objection to the work being done to put in their objectiOns before the Collector within a time to be specified in the notice and such notice shall also be served upon the pro- prietors concerned.
(2) The Collector shall hear and record the objections, if ..._ any, which may be put in and forward the same to the Govern- ment with his opinion.
8. When Government may carry out the work. If no objec- tions have put in or if the majority of proprietors agree to the work, the estimate may be sanctioned and the work carried out at the cost of the Government. In any case in which the ma- jority of the proprietors do not agree, if It be found after duly considering their objections, that the work proposed should be executed in the interest of the proprietors, the Government may order the work to be carried out at the cost of the Govern- ment.
9. Accident to any petty or minor irrigation work. (1) If in the case of 3:-ny a~ci~ent bemg apprehended or happening to any petty or mmor IrrigatiOn work, any work in the nature of an urgent repair is needed, failure to carry out or delay in '!
_)
carrying out which is likely to cause serious damage, the Collee- tor may, notwithstanding anything contained in sections 4 to 8, order the execution of such work at the cost of the Govern· ment and forthwith report to the Government, and in the case of petty irrigation works to the panchayat concerned, the action taken by him.
(2) The cost of any work carried out under sub-section
(1) shall be recoverable-
(a) in the case of a petty irrigation work, from the panchayat concerned; and
(b) in the case of minor irrigation work, the cost of construction of which is recoverable under sub-sec- tion ( 4) of section 5, pro rata from the proprietors.
10. Execution of work for the proper maintenance of petty and minor irrigation works. It shall be the duty of the Irri- gation Officer to inspect periodically all petty and minor irriga· tion works situated within the local limits of his jurisdiction, and to report to the Collector the condition of those works. If the Collector finds that any work is to be executed for the satis- factory maintenance of any petty or minor irrigation work, he may, in the case of a minor irrigation work, execute the work at the cost of the Government and with their sanction, and in the case of a petty irrigation work, require the pancha.· yat concerned to execute the work within such time as ma.y be fixed by him. If the work is not executed within the time fixed, the panchayat shall be deemed to have made default in performing a duty imposed by this Act and the provisions of section 38 of the Travancore-Cochin Panchayats Act, 1950 (ll of 1950) shall, so far as may be, apply in relation to the exe- cution of any such work.
PART ID
MAJOR IRRIGATION WORKS
11. Construction, repair and maintenance of major irrigQ;- tion works. The construction, repair and maintenance of all major irrigation works shall devolve on the Government.
12. Procedure of construction of major irrigation work. If in any local area, the Collector is satisfied on the application of any proprietor or otherwise, that any new major irrigation work should be constructed or repaired, such officer may cause a plan and an estimate of the work and a specification of the lands likely to be benefited thereby to be prepared.
13. Investigation of objections. The plan,estimate and spe- cification prepared under section 12 shall be forwarded to the Government and an abstract of the estimate and the specifi- cation of the lands likely to be benefited shall be published in the Gazette with a notice calling upon all persons concerned 34-781
7
1
I
88
who may have any objection to the work being done to put ~ in their objections before the Collector within a time to be spe- cified in the notice. The Collector shall hear and record the objections, if any, which may be put in and forward the same to the Government with his opinion.
14. When the Government may carry out the work. H it -~ be found after duly considering the objections that the work J proposed should be executed in the interests of the proprietors the Government may order the work to be carried out at the cost of the Government.
15. Power to levy cess. (1) The Government shall be entitled to levy an annual cess on any land benefited by a major irrigation work the construction, expansion or alteration of which the Government have undertaken.
Explanation.-A land shall be deemed to be benefited not· withstanding that the benefit is not enjoyed provided such ..._ non-enjoyment is not due to any default on the part of the Government.
(2) In the case of lands benefited by a major ilTigation work the construction, expansion or alteration of which the Government have undertaken before the 1st January, 1943, the cess leviable under sub-section (1) shall be fixed upon an acreage basis and so as to ensure to the Government a return not exceeding three per cent. on the capital outlay after making provision for depreciation and maintenance.
(3) In the case of lands benefited by a major irrigation work the construction, expansion or alteration of whi.ch the Government have undertaken on or after the 1st January, 1943, the cess leviable under sub-section ( 1) shall be at the following rates:-
(a) lands already registered as single crop wet lands and on which two or more paddy crops could be raised Rs. 6 per acre.
(b) other lands already registered as wet lands . . Rs. 5 per acre.
(c) lands made fit for cultivation and on which only one paddy crop could be raised . . Rs. 6 per acre.
(d) lands made fit for cultivation and on which two or more paddy crops could be raised ..
(e) other lands benefited Rs. 10 per acre.
at such rates per acre not exceeding rupees ten as may be fixed by the Government
from time to time. :
I
I
f . .- I
I
I
!
I
j
89
Provided that in cases where irrigation water is availed of by bailing or by means of mechanical contrivance, the Wfl:ter- cess leviable shall be at 50 per cent. of the rates spec1fied in clause (a) or clause (b) or clause (c) or clause (d), as the case may be.
Explaootion.-The right of the Government to levy cess at the rates specified in this sub-section shall not be affected by the fact that the lands are cultivated with crops other than paddy of that the lands are not actually cultivated. ( 4) Arrears of cess levied under this section shall bear interest at the rate of four per cent per annum.
16. Irrigation Officer to report periodically on condition of major irrigation works. It shall be the duty of tho Irrigation Officer to periodically inspect all major irrigation works and report to the Chief Engineer the condition of those works. The Chief Engineer may on being satisfied from the report or from other reliable information that any work is to be executed for the proper maintenance of the work, execute the work at the cost of the Government.
PART IV
BETTERMENT CONTRIDUTLON
17. Levy of betterment contribution. The Government shall be entitled to levy a betterment contribution, in accordance with the provisions of this Part from the landholder of any land which, in their opinion, is benefited by any major irriga- tion work the construction, expansion or alteration of which the Government have undertaken on or after the 1st January,
1943.
Explanation-A land shall be deemed to be benefited not- withstanding that the benefit is not enjoyed provided such non- enjoyment is not due to any default on the part of the Govern- ment.
18. Almount of betterment contribution. (1) The lands benefited by the construction, expansion or alteration of any major irrigation work shall be divided into suitable classes by the Government and the annual increase in the gross produce of each class of lands consequent on the provision of irrigation facilities shall be estimated:
Provided that all lands which are of the same taram and which, judged by their commandability, are so situated as to derive the same amount of benefit from the work shall be placed in the same class.
(2) The annual increase in the gross produce shall be estimated with reference to the average of the prices prevailing during the five years immediately preceding the date of making such estimate.
90
· (3) Twenty times the annual increase in the gross produce estimated under sub-section (1) shall be deemed to be the increase in the capital value of each class of land; and one-fourth of the sum by whcih the said increase in the capital value ~X· ceeds the cost (estimated in the prescribed manner) of makmg such class of land fit for advantageous irrigation under the major irrigation work shall be the contribution payable in res- pect of that class of land.
Explanation.-The cost of making each class of land fit for advantageous irrigation shall include the cost of converting dry land into wet land.
( 4) The contribution payable in respect of each class of lands expressed in terms of rate per acre shall be notified in the Gazette and in such other manner, if any, as may be pre- scribed:
Provided that the officer authorised in that behalf shall. before determining the contribution under the foregoing pro- visions of this section publish his proposals in the prescribed manner and shall consider suggestions and objections received within the time allowed.
(5) An appeal shall lie to the prescribed authority against a decision with respect to the contribution notified under sub- section ( 4) and any modification made on such appeal shall be notified in the prescribed manner.
( 6) An order notified under sub-section ( 4) or, where it is modified under sub-section (5), the order notified under that sub-section, shall be binding on all persons having interest in the lands and shall not be liable to be questioned in a court of law.
19. Contribution recoverable a8 arrear of land revenue. The contribution payable under this Part in respect of any land shall be deemed to be public revenue due upon the said land; and the land, the buildings upon it and its products shall be regarded as the security of the contribution. When the whole or portion of an instalment of the contribution payable in any year is not paid on the due date, the amount of the instalment or its unpaid portion shall be deemed to be an arrear of land revenue and the provisions of the Travancore-Cochin Revenue Recovery Act, 1951 (VII of 1951), shall apply to the recovery of the said arrear as they apply to the recovery of the revenue due on the land.
20. When contribution becomes payable. (1) Contribution shall become payable under this Part on a written notice of demand therefor issued by an officer authorised by the Govern- ment in this behalf being served on the landholder:
Provided that no such notice shall be served until the expiry of two years after the date of provision of irrigation facilities to the land concerned .
. . (2) ~or th~ purp?~e. of sub-section (1), the date of pro- VISion o.f IITig!i-tiO~ famhbes to a particular area commanded by the maJor Irrigation work shall be the date which the Govern- ment may, by notification, specify.
•• t , \ ' ' t '0 tl' l.l•~
9 I "'. \ \\} • .. J r;..c,a ':: , \,1o. ,.~.-'
" ., ~,1• ( 3) For the avoidance of doubt, it is hereby declared that it shall not be necessary to serve notice on MY person other than the landholder, who has an interest in the land or on a successor·m·interest of the landholder or in respect of any instalment of the contribution.
21. Mode of payment of contribution. (1) The contributiQn payable by a landholder shall be paid by him in twenty equal annual instalments:
Provided that he shall be entitled to pay the entire contri· bution with a rebate of twenty per cent. within a period of one year from the date on which he becomes liable to pay the con- tribution.
(2) Arrears of instalments of the contribution shall bear interest at the rate of four per cent.per annum.
I
22. Rebate in certain cases. If the Government accept any money from any person for the construction, expansion or alter- ation of any major irrigation work and such person becomes liable to pay contribution in respect of any land benefited by such construction, expansion or alteration, the sum accepted from him shall be credited towards the contribution payable by him.
23. Right of reimbursement in respect of contribution. Where in respect of a particular land two or more persons are liable to pay contribution under this Part nothing in the Part shall be deemed to affect the right of each such person to reimbursement from the other.
24. Tenant or mortgagee liable to pay iMtalment of contribution. Notwithstanding anything contained in sections 17, 19, 20 and 21 where any land benefited by a major irrigation work is in the occupation of a tenant under a lease and the les- sor is not entitled to enhance the rent either under any law governing the lease or under the contract of tenancy, or where such land is in the possession of a mortgagee, the liability to pay the instalment of the contribution falling due during the period of occupation or possession shall be on the tenant or the mortgagee, and the amount so due shall be a charge on the interest of such tenant or mortgagee in the said land and it shall be recoverable from such tenant or mortgagee as an arrear of land revenue and the provisions of sections 17, 20 and 21 shall apply in relation to any such instalment as they apply in relation to an instalment due from a landholder.
25. Exemption. If, in the opinion of the Government, the enforcement of all or any of the provisions of this Part will cause hardship in the case of any class or classes of lands In any locality, the Government may, by notification, setting out the grounds therefor, exempt either permanently or for a specified period, such class or classes of lands from all or any of the provisions of this Part, subject to such conditions, if any, as the Government may deem fit to impose.
11
r
92
26. Postponement of recovery of contributwn. Where there has been a failure of crops m any area, the Government may, notwithstandmg anything contained m this Part or the rules made under this Act, postpone for such period as they may think fit, the recovery of any instalment of the betterment contribution.
PARTV
OBTAINING MATERIALS IN EMERGENCIES
27. Impressment of materials for urgent works of repatr, etc. (1) Whenever it appears to an Irrigation Officer that unless some work or repair is immediately executed any irri- gation or drainage work would sustain such senous damage as to cause sudden and extensive public injury, such officer or other person authorised by him m this behalf may enter upon or into any immovable property in the neighbourhood of any such Irrigatwn or dramage work and take possession of, appro- priate and remove any trees and any timber, bamboos, mats, ropes, straw, earth, stones or other materials found in or upon such property, and use the same for the purpose of such work, repair or clearance. The Irrigation Officer or other person authorised by him who appropriates and removes any materials as aforesaid shall prepare an inventory thereof and keep it as record with his signature affixed thereto.
(2) Every person authorised under sub-sectwn (1) shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code ( 45 of 1860).
28. Payment for the materials taken.. All persons whose materials may be taken under section 27 shall, as soon as may be reasonably practicable and in any case within 15 days from the date on which the work or repair was completed, be paid by the Irrigation Officer for such materials at 25 per cent. in excess of their prevailing market rate and in case of dispute as to the prevailing market rate, the Irrigation Officer shall at once refer the dispute to the decision of the Collector and such decision shall be final.
29. Compensation for damaqe in taking materials. Whenever as a result of the removal under section 27 of any trees, bam- boos, earth, stone or other materials, any other damage results directly to any person, the Irngatwn Officer shall pay or tender payment for such damage, and in case of dispute as to the sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the decision of the Collector and such deci- sion shall be final.
PARTVI
REGU:SATIONS OF WATER SUPPLY
. 30: Distnbutwn of water from trngation works. (1) The distribution of the water or all mmor irngation works construct- ed, repaired or maintamed wholly or partly at the .cost of the -..,,
12
fkJr , 6 vr--0
"40A. Procedure on failure to contr~bute cost or labour for uork to be done bv .Jo~nt labour.-- ( 1) :yc::evc::r, b:· local custoo or for other e,ood reason, any lrork for purposes of agncul ture should be done: by He joint labour or cost of the proprietors of all the lands benef1 ted b,y such ..-ork, ~f any such proprietor fails or n~glects to do his share of the work or contribute his ~ ~are of the cost or labour, it shall be lawful for the ~llector, the Punja Special Officer or any officer ~pecially authorised by the Government in this behalf, on ~he applicat1on of a reasonable number of propr~etors -(.interested in such uork or injured 'by such failure or -feglect, to 1nvcstigate the matter and pass such order as \e deems fit and he may by such order also direct, the
1
efaultinb propr1etor to execute any portion of the work ,/vr pcy any portion of the cost of the work. If the o1·der duects that the defaul tlnc proprietor shall
• execute a portion of the Hork, it shall distinctly specify ' '~-fe portion of the work to be executed, the time •-n thin jlch it should be done and the estimated cost of such ../ .. Jrk. On the defaul tin._, proprietor refus1n.; or faih~ ~v execute the work uitlu.n the hme prescribed in the , :lrder, ~he cost of the work ':'J8Y be recovered froo such -,icfc:.:ll ter as arrears of land reven..te and the ~wrk execu- 'ed under the orders of the Collector, the Punja Special ~-f~cer or such o.ficer specially author~sed as aforesaid. ( (2) Notwithstanding .snythin_: contained in sub- ~ftion ( 1), 1 t shall be lawful fo:· any of the proprei tors to \the ~rork or tc contribute the cost or labour, \"llu.ch the /aultLnc proprietor or proprietors sho:1ld have done or ~nt1ibuted, and, in case he has so done or contributed, -t:r ~~vL~~ notic~ to thu defaulting propr1etor or prop- l.et:>rs, he r::a~r a;.ply to the CoJ..lector the Punja :Specic:.l r:.c_r or any of! icer specia.lly authoriseC bJ ti;c :;.ovcrn- -L~lt 1~ tnis benalf, to order the ~e:aultin_: ~roprietor or :::-.;~~l.et:;,rs to con;,pensate hie for the reasor..able cost or , ~~~o~ incu~ed by hl.o. The Collector, :he PunJa Special ·_iccr or such o::icer specially author1sed as aforesaid \.: t!.ere:1pon _i v~ notice to the defaul tl.~ proprietor or ~:;rietor~, hear luo if ne appeus ar:d ::a.:c-3 s-..1ch other , ~-= t:!._t.. -:i.oru:. L:.S :te ~ necessary .:..r:i :rder tl:.s :isf:'.i·..tl t-
• , ...... --; n+;:, ... or --·-r· ~~ - t - -· - ---- __ ,_ -
'-".&. .... .._ ... ---ow.- .......... ..J~ ~-..,---.) ..., ~'--.,} .__ -- -- ----., - , ~,.. +• ~ QT"..;..,..;-- ... ~ •·-o- --,~~·-T- +'" -.. !:) -~,.., ~- .............. ., '""~.r.;,...o- _.- - --- ~- ...... ~· -- -__ .._ __ ., .... _, -- - -· -- ..._ ____ ....._. -- ........ __ _ r .... ~ - f -- ..... .c-;r-t:; .... - _,,... .... --- . .. --.. .... - .-:r:-+ ...... -~-w .. ___ ......._ - ... ----.......r.....L...., ~------------.. --t --------
___ -__ __ -: .,: __ :-J ____ : .. ===-- -= --=-=-=·
13
(3) (a) Any a~erieved party t1ay appeal to the }overnment or to any officer specially authorised by the ~overnment in this behalf by notifcation in the Gazette aeainst any order passed by the Collector, the Punja '3pec~al Officer or the officer specially authorised ~der sub-section (1) or sub-section (2), provided that such appeal is preferred wit~n such time as may be prescnbed by the Government, and the Government or such other officer, as the case may be, may thereupon paGs such orders as they or he, think or thinks are just and reasonable after givine notice to the opposite party and hearing him if he appears.
(b) It shall be lawful for the Government to revise any order of the Collector, the Punja Special Officer or the officer specially authorised, made under this section and pass such orders as are in their opinion just and reason- able. (4) Any sum of money ordered to be pa1d under the provisions of this section may also be recovered from the defaulting proprietor as arrears of land revenue and the amount so recovered paid to the party entitlAd to it. Ill11stration.-- The putting up of ring bunda or draining of water in punja padams in Kuttanad or Kole lands in Trichur taluk are works contem~lated in this section."
I
I
I
14
•' +
Cc t:
0,
.
S
de"
I cr n\ or !" I
)
I
'I /
'I Court shall entertain a suit or application for the issue of an injunction to restrain the exercise of any powers conferred by this Act upon the Government or any person or body of persons or any officer except where the result of the exercise of. such power is solely to adjudicate the rights between private parties.
34. Power to arrest without warrant. Any person in charge of an irrigation work or of the distribution of water from such work may take into custody without a warrant and take forth- with before a Magistrate or to the nearest police station to be dealt with according to law, any person, who, within his view, commits any of the following offences:-
(1) wilfully injures or obstructs any irrigation work; or
(2) without proper authority interferes with the supply or flow of water in or from any irrigation work.
35. Period of limitation. The period of limitation for an appeal under this Act shall be sixty days from the date of the order appealed against.
PARTVUI
MISCELLANEOUS
36. Protection of action taken under Act. No suit or prose- cution or other legal proceeding shall lie against any person in respect of anything done or intended to be done in good faith under this Act or the rules made thereunder.
37. Bar of action agamst Government or panclw.yat. No action shall lie against the Government or a panchayat for not complying with the application of ryots for the construction, repair, improvement or restoration of any irrigation work.
38. Rate of cess fixed under this Act to be final and not to be questioned by any Ctvil Court. The rate of cess fixed by the Government or the panchayat shall be final and shall not be liable to be questioned by any Civil Court.
39. Constitution of Irrigation Boards, their function8. (1) The Government may, by notification, constitute an Irrigation Board for any local area for regulating the distribution of water of any irrigation work, for keeping the irrigation work or any part thereof in repair, and for such other purposes as may, from time to time, be prescribed by the Government by rules made under this Act.
(2) The Government may in like manner dissolve any Board constituted under sub-section (1).
40. Delegation of power by Government. The Government may, by notification, authorise any person to exercise any one or m
15
r
(
I
93
Government shall be regulated by such rules o~ orders ~s may be prescribed or issued by Government from time to time.
(2) The distribution of water from all petty irrigation works constructed, repaired or maintained wholly or partly at the cost of the panchayat shall be regulated by such bye-laws as may be framed m that behalf by the panchayat. The distribution of water from petty irngatwn works, m local areas where accordmg to custom such works are carried out, repaired or maintained by the Government wholly at their cost shall be regulated by such rules or orders a~ may be prescribed or issued by Government from tlme to t1me.
PART Vll
PENALTIES AND PROCEDURE
31. Offences punishable under the Act. Whoever without proper authority does any of the following acts, that is to say,-
(1) injures, alters, enlarges or obstructs any irrigation work;
(2) interferes with, increases or diminishes the supply of water in, or the flow of water from, through, over or under any irrigation work;
(3) interferes with or alters the flow of water in any irri- gation work so as to endanger, injure or render less useful any such work;
( 4) being entitled to the use of the irrigation work, causes or occaswns waste of the water m such Irrigation work or interferes w1th the authonsed distnbutwn of water therefrom or uses such water in an unauthorised manner;
(5) corrupts or fouls the water of any irrigation work so as to render it less fit for the purposes for which it is ordinarily used;
( 6) destorys or moves any level mark or water gauge fixed by the authority of a publie servant;
shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to fifty rupees, or with both.
32. Oost of carrying out work to be recovered from convicted person. When any person is convided of an offence under section 31 any Irrigation Officer may remove the obstruction or repair the damage or replace or repair the level mark or water gauge in respect of which the conviction has taken place and the cost thereof shall be recoverable from such person as arrears of public revenue.
33. Suit CYr appl~ation fCYr the issue of an injunction. ~xcept where otherwise proVided or where an order or decision IS declar~d to be final, all. claims in respect of anything don4 under this Act may be tned by the Civil Court; but no suclJ
)
16
•in t1 I'll·
41 A. v aU dation of levy of irrian on coso:- a.nd ~~e validity of the levy of o:tr3 irriGation cess ccdo of under this Act or under the Cocbin lrricot1on Act, alls VIII of 1111, repenled by thio Act, ehall not bo collccl :~:
in quost1on 1n e.n,y court of l,c.-:1 on the around that in eonntruct1D8 tho irriaation uorlrs bcnOfi 'f~ tho lcndo ~ter on t7hic'h the cer.a Yes lovicd, the proc'!durO laid dotm the therofor 1n the ooid Acto von not follcr.:cd, or tbnt tho ~ 8 ot th) trrl.~tion vorks vcre 1 ~ p~b 1 11~:~· ~ty as wos rcquirod under the ooid Cochin ...-........ gn .. on . end any such coar. co leviod and not rocovorod Dhall bo l of
recovero.ble ao on arrear of ltmd rovonuo unde!' tho
'j_Tnvancore-CochiH Revenuo Racov~17 Act, 1951. ~~
/ "'-;- · --, __ -· _ . '" _ ( ~ .. ~A;:': 1.~:~~'2 work
and tnt extent of the benefit;
(d) the manner of estimating the gross produce and prices under section 18;
(e) the proceeding of any officer who under the pro- visions of this Act is required or empowered to take action in any matter.
(f) 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 shall be appealable;
(g) the persons by whom, the time, place or manner a.t or in which anything for the doing of which provision is made in this Act shall be done;
(h) the number of elected and nominated members for each board, the term of office of the members of the board, the qualification and registration of electors, the time and mode of election and any other matter connected with election, the dissolution or supersession of the boards and the consequences of such dissolution or supersession, the powers and duties of the board, the conduct of business at meetings of the board. the appointment and punishment of the servants of the board and the relation between two or more boards under section 39; and
(i) all matters expressly required or allowed by this Act to be prescribed.
(3) All rules made under this section shall be published in the Gazette.
Repeals and savings. (1) The Travancore Irrigation Act Ill of 1072 and the Cochin Irrigation Act VIII of 1111 are hereby repealed.
34-781
17
96
(2) Notwithstanding such repeal, any cess in respect of
"the period from the 1st day of April 1950 until the date of commencement of this Act, due on any land benefited by a lift irrigation work shall be recoverable at the rate specified in sub- -section (3) of section 15 which is applicable to the appropriate category of land, and the cess so recoverable shall be deemed -to be an arrear of cess due within the meaning of this Act.
(3) If any person who has paid before the commencement of this Act, for any part of the period specified in sub-section
(2) , any amount by way of cess in respect of any land benefited by any lift irigation work in excess of the amount recoverable from him under sub-section (2) continues to hold that land, he shall be entitled to have the excess adjusted towards any cess payable by him after such commencement in respect of that land tmder this Act.