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 (Voluntary Cess) Act, 1942
Act 13 of 1942
Keyword(s):
Drainage Work, Estate, Irrigation Work
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1942 : T.N. Act X U Irrigation (Votzmrary Cess) 853 - '[TAMIL NADU] ACT No, XIfI OF 1942%.
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~I'HE '(TAMIL NADU) IRRIGATION (VOLUNTARY CESS)
ACT, 1942.1I
(Received rhe assent of the Governor on the 8th Ju~ze 1942 ; f i s t publislred in the Fort St. George
Gnzerte on the 23rd June 1942.)
An Act to provide for the levy of a voluntary cess for the mai~ltenance of certain irriga- tion and drainage works serving ryotwari tracts in the 3[State 6f Tamil Nadu].
WEIEREAS it is expedient to provide for thc levy of a- cess for thi: mai~~tetlatlce of certain irrigation and drainage works serving ryotwnri tracts iil the :'[State of' Tamil Nridii), where tllc registered holders of not less than two-thirds of the lands served by such works so clcsir2; 4 r I t is hereby cnacled ns follo\vs : - -1
1. (1) 'Chis Act may hc c:llled the '[Tainil Nadul short title, Irrig;ltion (Voluntary Cess) Act, 1942. extent and commence-
- - --- - ment.
1 Tl~csc \\otds \hci.e b ~ ~ b ~ t i t ~ t t d fi%r he word "M.tdras" by the T~l'clrrril N ~ ; t t ,d:~pta~iol, of Laws Vrdcr, 1969, ns n~nended by the T;iniil Natlu Ad;lptation o f Laws ( S C C O ~ ~ ~ A i i c t i d n ~ ~ ~ t ) Order, 1969.
2 bar statenrent of Objects ant1 Reasons, scc Fort St. George Ga=errc., d ~ t c d I l~e 9111 Dc~clltber I!)dl--P.trt I V-A, p.lges 187-189.
This Act W C I ~ cktended to tlic I~IL'I.SL'~ Stdte of l'udukkottai by 3 or, and the First Schedu\o lo, the Ta~nil N:& Merged states (Laws) Act, 1919 (T,lnlil N,~tiu Act XSXV of 1949). This Act was ektelldcd lo tlie K n l ~ y ~ i k u i u ~ ~ ~ i dktrict and the
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Shancottah taluk of the l'~runelvel~ di+trlct by section 28 of the Tamil ~ . ~ d u ('I'r,lns
force 1'1 that tc,rritot y.
3 This euprc\ \ io~~ was subslitutcd f o ~ 111c c\p~cssioll "Province of
Madras" by t11c 'l',lnli! N:~tlu Rd.tptotion ofL:lw? Order, 1970, which
was dcemcd to I~avc omc inlo forbe on the I-ltl~ J,tnuary 1969.
r 4 These words were substituted for the pi~ragraph containing the I enacting formula and the paragraph preceding that paragraph by I section 5 of the Tamil Nadtl Re-on3Cting (No. I[) Act, 1948 (Tamil
Nndu Act VIll oF 1948). I "
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> i~
854 Irrigation (%'oi~intary Cess) 111942: T.N. Act Xfff
(2) It extends to the whole of the '[State of Tamil
Nadu]. I (3) This section shall come into force at once, and the rest of this Act shall come intc force on such zdate as the 3[State] Government may, ay notification
in the Fort St, George Gazette, appoint.
Definitions. 2. In this Act, unless there is anything repuguant in the subject or context--
I (1) 'drnin~ge work' includes-. -
( ( 1 ) channels, cit11er natural or artificial, for the discharge of ~ ~ ~ a s t z or surplus \\.ate . and all works conncctcd \\?it11 or auxili:lt-y to such charnels, and
(b) escape cllanrrels from an i~rigation \vork, dams, ufi.iss, einbankmrnts, sluices, ,goins and all works f c ~ the protecticn of bndsfsc>n:. flood or from erc~sion,
\\*hic.l~ are owned P!. cont~.~>llcd by the "State]
Govsrn~i~cnt . or \vhicll arc maintiii~~cd ~y them other- than b y :in assignmct~t of land or la ild reve~lur, or which, ha\ i~!g been constructed h) the 3ot1crnrr~ct~t or bcing n~aint;\iaed by an ;issiga~nc~~t oi' land 01- land T C ~ U I I L I C : ~n:iri,' by t l1~1u. I~:t\/c not L ~ C C I . made o\er to ;lily p
(2) '~statc' shall IY.\VC tllc sank: nl,ani.ng :IS in thc
JETarnil N;icl~~] Estates Land Act, 190s; r[Tarnil Naduj
. . -. - ,. - . . - . -. . . -- . -. -- - . - -- - -- - - -. - . . - . -. - .. - -. -- -- - -. -. - -- - Act 1 of
1 This eq>r.cs\iorl was substitt~tcd for tile suj~ression "State of 1908.
~1sdra.i'' by tho I'arnil Natlt~ .-\di:ptation of L:IV s y % e r , 1969, ;IS icmendcd by the 'Tatt~il N ; I ~ I I :\d;~ptation of 1.i1w.; ( ewnd Anmil. rilent) Ortlc~~, 1'169.
2 Canlcinto forceon the 16tt1 Miry 19-14.
3 This w u r ~ i was substituted for the word "Provincial" by the Adaptation O I ~ C I . of 1950.
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4 Tlwse words wcre substituted for the word "Madras" by tho Tamil Nadu Atl~ptationofLaws Order, 1969, asurended by the'fa~nil Nadu Adaptiuion of Laws (Swond A~i~endment) Older, 1969. I
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(3) 'irrigation work' includes- i 1
(a) all canals, channels, tanks, wells and'1 I reservoirs used for the supply or storage of water and
all qorks, embankments .and structures (other than escape channels) connected therewith,0 I1 which are owned or controlled by thi l[State] Governrnent, or which are maintained by them other- wise than by an assigllment of land or land revenue, or which, having been constructed by the Government or being maintained by an assignment of land or land revenue made by them, have not been made over to any person ;
(b) all such lakes and other natural collections . of water or parts thereof as are not situate in an estate or estates or on lands held by registered holders ;
(c) all lands used for the purposes of the irri- gation works referred to in sub-clauses (a)and(b) and all buildings, machinery, fences, gates and other erections occupied by, or belonging to, the l[State] Government on such lands ; and
((0 all such rivers and natural streams or parts thereof as are not situate in an estate or estates or 0 1 1
1 ;lnds held by registtred holders, and all rivers in so filr as they are navigable ;
(4) 'registered holder' means any person in whose name land not included in an estate is for the time being registered in the revenue accounts of Government.
3. Wllenever the registered holders of not less than Lery of
two-thirds of the lands served by any irrigation or cess
drainage work so desire, the l[State] Government lnay under the I levy an annual cess from all the registered holders ofI lands served by such work, at such rate per acre as the '[State] Government may from time to time determine, I but not exceeding the maximum rate agreed to by theI registered holders of not less than two-thirds of the lands served by such work :
1 This word was substituted for tho word "ProvinciaP9 by the Adaptation Order of 1950.
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4. he u s s shall be determined and administered
bg in such manner as may be prescribed by rules made
under this Act.
8. Notllillg in this Act s11al.l atfect the rights and obligations of the registered holders of lands served hy any work to which the "Tamil Nadu] Compulsory
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10. (1) The l[State] Government may make rules t o Po* ta
carry out all or any of the purposes of this Act and not makerules
inconsistent therewith.
(2) In particular and \tlithout prejudice to the generality of the foregoing power, they may make rules as to--
(n) the manner in which, and the authority or authorities through whom, applications from registered holders under section 3 or section 6 shall be submitted to the I[State] Government ;
(h) the method of ascert:~ini~~g the desire of the registered holders of any land ~vhere there are two or more registered holders of such land, for all or any of the purposes specified in' this Act or in the rules made thereutider ;
b (c) the determination and the administration of any cess levied ~inder this Act.
(3) All r~11cs m:tde under. this section shall be. published i n the Fort St. Gcorge Gnrctfc, and upon such publication, shxll have etfl'ct as if enactcd in this Acl. i This word was substitutccl for iI~c \jlord "Provinci:~lW by ; Adaptation Ordcr of 1960.
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