DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Tamil Nadu Irrigation Works (Repair, Improvement and Construction) Act, 1943
Act 18 of 1943
Keyword(s):
Repair or Improvement, Private Irrigation Works, New Irrigation Works
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886 Irrigatior~ Works [W: T.N. Act XVnl (Repairs, Intprovgment and Construction)
THE TAMIL NADU IRRIGATION WORKS
(REPAIRS* IMPROVEMENT AND CONSTRUC-
TION) ACT, 1943.
TABLE OF CONTENTS. I
1 Short title and extent i
I
I
Power to repair, improve and construct irrigation works and to supply water from Government irrigation works. Recovery of the cost and of fees. Cost and fees payable on issue of written notice of demand.
5 Cost and fees recoverable as an arrear of land revenue.
6 Power of entry and inspection.
7 Delegation of the powers of the State Government.
8 Ji~risdiction of Courts ousted in certain cases.
Bar of certain proceedit~gs. Limitation for certain proceed- ings.
Power to mitkc rules.
12 Act to override other enact I
ments.
2
1943: T.N. Act Xvm] Irrigation Works (Repnirs, 887 Improvement und Construction)
'tTA.MIL NADUJ ACT XVIII OF 1943' AS AMEN- DgD BY '[TAMIL NADUJ ACT No. IV OF 1945. (~rce ived the assent of the Governor on the 29th ~eptember 1943; Jirst published in the Fort St. George Gazette on the 5th October 1943.) ,411 Act to provide for the repair or improve- ment of private irrigation works, the construction of new irrigation works on private lands and the supply of water from Governmelit to private irrigation works, in the '[State of Tamil Nadu].
WHEREAS it is expedient '[ * * I to empower the '[State Governn~ent] ro repair or impl.ove private irrigation works, to constnrct new irrigation works 011 pdvate lands, to supply water from Goc er nment irrigation works to private irrigation works, ;: 1.d to
. .-- I Theso words were substituted for tho word " Madras " by the Tamil Nadu Adaptation of Laws Ordor, 1969, as amondod by the TamilNadu Adaptation of Laws (Second Amendmnt)Order, 1969.
2 ForStatcmentof Objectsand Reasons,seeFort St. George Gawrre,
dated the 20th April 1943. Part IV-A, paged 19-20. This Act was extended to the merg~d State of Pudukkottai by sactioo 3 of, and the First Schedula to, tho Tamil Nadu Merged States (Laws) Act, 1949 (Tamil Nadu Act XXXV of 1949).
This Act was extanded to the Kanyakumari district and tho Shm-
cottnh taluk oftheThelvelidistrict by section 28 oftheTamil Nadu (Trmsfomed Territory) Ryotwari Settlement Act, 1964 (Tamil Nadu Act 30 of 1964) repealing the correspondinglaw in force in that territory.
3 This axprdon was substituted for the expression " Province of
Madras " by the Tamil Nadu Adaptation of Laws Order, 1970, which
wasdeemed to havo co~ne into force on the 14th January 1969,
4 Tho words " for the purpose of maintaining and increasing the production of food in tho present ematwcy in the province of
Madras " were omitted by section 3 of, and the Sccond Schedule to,
theTamil Nadu Racnacting(N0.11) Act, 1948 (Tamil Nadu Act MI1
of 1948).
8 Th(s exprassion was substituted for tbe ox rcssion " Provincial Ciovcrment '* by thoTamil ~ a d u ~daptat~on k w i order, 1970.
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Short title
and extant. Powa to
repair,
improve and
COIIS t ruc t irrigation works and
to supply watar from Government irrigation works.
SSS Irrigation Works (Repairs, 11943: T,N. Act XM '
I~nprovement and Construction)
recover the cost of doing. so iu . the cases afonsaid.: .. . % [It is hereby ens-ted as follows :-] . - - . --
1. (1) This Act may be called the 2pamil Nadul
Irrigation Works (Repairs, Improvement and Con- struction) Act, 1943.
(2) It extends to the whole of the Sfstate of Tamii Nadu).
2. If, in the opinion of the 4fState] Government, it is necessary or expedient so to do 5[ * * I, they may-
(a) executG 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 *[Tamil
i~.rigatio,n work on '[land situated in an estate asE,":bf
defined in the 'parnil Nadu] Estates Land Act, 19081; 1908.
- -- ------
I These wods wore substituted for the paragraph containing the enacting forc~lula ;uzd the paragraph preceding that paragraph by
\ection 5 of the Tamil Nadu Re-auactb~g (No. 11) Act, 1948 vamil Nidu Act V l l l of 1948).
These words were substituted for the word " Madras " by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the
TarnilNadu Adaptation of Laws W n d Amendmoot) MQT, 1969.
* This ovprcssion was substituted for tho e~prcssion " State of
Madras" by ihid.
4 This word was substituted for the word * ' Provincial" by the ,\daptation Odef of 1950.
6 Tho words " in oper to maintain or increase the production of food in the Pmvince ware omitted by section 3 of, and tho Second schadulo to, the Tamil Nadu Rc-onacting (No. 11) Act, 1948 ( ratnil NaJu Act VlI l of 1945).
4 Thwe words,ycro substilutad for the wods "laad not Crown proparty by section 2 (i) of the Madras Irrigation
(Repain, rmprovoment and Construction) - a t Aat,
(Madras Act IV of 1945).
4
1943:. T.N. ,Act XMUl improvement artd Construction)
I (4 provide for the supply of water from any Government irrigation work to any irrigation work in private ownership. -
3. (1) The '[Statel Government shall- Recovery of the cost and
(a) meet in the first instance the cost of the offeos.
measure referred to in '[clause] (a), (b), or (c) of secti~n I
(b) determine the amount of such cost after the execution of the said measures.
I
i
,e[(l-A) In the cases referred to in clauses (a) 1 and (b) of section 2, the 3[State] Government shall be entitled to recover in a lump-sum the amount deter- ! mined under clause (h) of sub-section ( I ) from tllc -- - - - - - - - - - - -
section 2 (ii) of the Madras Irrigation and Conscrtrction) Amendment Act,
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Impror ement and Cmtruetion) lwdholder or other person who by any law or custom
is bound to keep the irrigation work in repair. -
(I-B) In the case referred to in clause (c) of section 2, the '[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 measuAe 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 '[State] Government as likely to be &rived 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 '[State] Government shall determine the value capitalized at four per cent of the actual amount of the average net adaitional 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 amou~lt 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 recovctred from him, the difference shall be refunded to
hhll.
1 This word was substituted for the word " Provincialw by the Adaptation of 1950.
4
@ ,,-v , , - . T.*rt*V. . . ? ,\ - .. *$ ,%y ,:?*- \-
, I
.943: T.N. Act XVmj Irrigation Works (Repairs, 84 1 Improvernenl ~ n r l Cottsrrtr cation) (I-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 '[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 'Cperson 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 " T a i l Naqu] Estates Land Act, 1908, he shall 3[Tali
be entitled to apply upder clause (ii) of section 30 of ~ ~ ~ ~ 1 , the said Act for an enhancement of the rent payable 1908. 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.
'[(%A) In the case referred to in clause (c) of section 2, the '[State] Government shall be entitled to-
(0) 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 bituated in ryotwari tracts, if any, at such rates as they deem fit and recover
I This word was substituted for the word "Provinci:~l" by the
Adaptation Order of 1!60.
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 Inigatior\ Works (Repairs, Improve- ment and Construction) Amendment Act, 1945 (Madras Act iV of
1945).
"We words were substituted for the word '' Madras " by the
Tamil Nadu Adaptation of Laws Order, 1969, as meodd by the Tamil Nadu Adaptationof Laws (Second Amendmeat) Order, 1969.
This sub-section was insarted by section 3 (iv) of the Madras Irrigation Works (Ropain, Improvement and Construction) Amend- ment Act, 1945 (Madras Act IV of 1945).
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892 Irrigu~iot~ Works (Repairs, C1943:T.N. Act XVIII
1 Improvement old Construction) the fee$ 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 '[cases referred to in clauses (cc) and
(d) of section 2,1 the '[State] Government sball 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.
ost and fees 4. (1) Any cost or fee recoverable by the "Statel
'yable On Gover~ment under sectioil3 shall become payable to them, on ;he person concerned being served with a
)ticc of written notice of demand issued by such Government atxi in accordance with the terms thereof.
(2) Such cost or fee shall carry interest, from the date on which i t becomes payable, at such rate as may be notified by the '[State] Government in that behalf.
st and fees 5, Any cost or. fee which has become payable under
((1) may be recovered as if it were an arrear of'
land revenue fro111 the person by whom i t is payable ;
:1 lld
(b) 5h:ill bc n charge on the interest of sual~ person it) lands served by the irrigation ~ o r k con- cerned.
6. The Disrricr Collector. or any officer appoin tell
tion. by him in this beltalf may, for the purposes of this 4ct, at all reasonnble times, enter upon and inspect any land including the irrigation work, if any, 4tuatctl therein.
- --- - - - - - -- --- I____--
1 These words, brackets, letters tnd figure ware substituted for the words, brackets, letter and figure case referred to in clause (d) of saction 2 " by sectlon 1 jv) of the Madras Irrigation Works (Rapnirs, lmpravemtnt and Comtruction) A~l~cnd~nant Ac , 1945 (Mndras Act
I V ol 1945).
* This word was substituted for the word " Provincial " by tile Adaptation Order of 1950.
\
8
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b 1943: T.N. Act XViUj hrigatiori Works (Repbiri, 893 lmpro v ~ p r n e i t t nitd Construction)
7. (1) The '[State] Govenurze~t may, by notifica- Delegation tion in the Fort St. George Gazette, delegate all O r ;:As of , any of their powers under this Act except those con- the State
ferred upon them by this section and section 11, to Governnxnt. any person or authority subordinate to the '[State] Government, and may in like manner withdraw any
. powers so delegated.
(2) The exercise of any powers delegated wider sub-section (1) shall be subject to such restirc- tions, limitations and conditions, and to control and revision by such authority or authorities, as ma) be
specified in the notification.
8. Any action taken or thing done under section2, Jwis&ctio, 3 or 4 shall, subject to the provisions of sub-section (2) ofcourts
uf section 7, be linal, and shall not, save as othenvise:z:: ,disc, , 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.
9. (1 ) No suit, !~roscct~tioii or otllcr proeceditig~,,,f \hall lie against any officer or servant of the '[State] cenqinpro- Government, for any act done or purporting to be ceedrngs.
donc under this Act, without tlie previous sanction of t l~e l[StateJ Governn~cnt.
(2) No officer or servant of the '[State] Govern- ment slzall 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 tllc execution of duties or tllc discharge of fi~nctions imposcd by or under this Act.
10. No suit shall be instituted against the '[Govern- Limitation , for ccrtarn mcnt], and no stli t, prosocution or other proceeding prooeedings. shall bc instituted against any officer or servant of
the '[State] Govel.nrnent in respect of :lny :~cj done -- --
1 This word was substituted for the word " Provinc&l by th .
Adaptst ion Order of 1950. -- *,
8 This w ~ r d was substitilted fot the word "C'tp;in 'i- -
9
894 frrigctliull parks (Rep:Pt~r,s, 11943 : T.N. Act X v I I ~,trprovmetrt mtd Cuitslrztction)
or ptlrporting to be done under this Act, unless the suit, prosecution o r other proceedi ng is instituted within six months from the date of thc act complained of.
IDower to 11. ( 1 ) The '[State] Government may make rules
''lakcrulcs* to carry out tllc purposes of this Act. (2.) lo particular and without prejudice to the gcncrallty of the foregoing power, such rules may provide--
( [ I ) for any matter required or allowed by this
Act to be regi~lated by rules ;
(li) for thc procedl~rc to bc adopted under [hi\ Act ;
(c) for dctermini ng and adjusli ng thc rights and llabilitics of the landl~olders and ryots, where the irrigation work concerned serves two or more estates 2s defit~ed i n thc'[TamiJ Nadu] Eatotes Land Act, 1908; z[Tamil
(,I) any otller matter for which tliere is n o ~ c t I o f provirion or 110 rufficistlt provision in this Act and lgm.
for whicll provision is, in the opinion of the '[State) Government necessary, for giving effect to the plrrposcs of this Act.
(3) All rules made under this section shall be published in the Fort St. Geot.~.e Gnze~tr and upon
si~ch publication shall have egect as if enactcd in this Act.
hct to over- 12. Tile provisions of this Act and of' any rules,
ride other orders, procccdi ng5, action or other tiling tnadc, takcn or done tl~crcunder slyall have etrect, ~lotwithsta~~dinp ;trlything itzconsistent therewith contained i 11 any other c~lactment or law for the time being in force,
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1 This word was substituted for the word "Pfo~inclal* by tho Adaptation Order of l96('.
2 These words were subs Tamil Nadu Adaptatton of Tdmil Nadu Adaptation of h w s
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