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 Agricultural Produce Markets Act, 1959
Act 23 of 1959
Keyword(s):
Agriculture Produce, Agriculture, Co-operative Marketing Society, Market, Market Committee Notified Market Area
Amendments appended: 33 of 1978, 18 of 1970, 24 of 1980, 5 of 1981, 53 of 1981, 4 of 1983, 13 of 1985, 14 of 1985, 37 of 1985, 18 of 1986, 49 of 1986, 66 of 1986, 11 of 1987, 46 of 1987, 8 of 1989, 13 of 1991
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1959: T. N. Act 251 lirigation Works (ComLruction 389 of Field Bothies)
1LTAMIL NAIXJJ ACT No. 25 OF 19593.
THE l[TAMIL NADU] IRRIGATION WORKS
(CONSTRUCTION OF FIf3LD BOTHIES) ACT, 1959.
[Recreived the assent of the Governor on the 19th February 1960, Jivst pzrblished in the Fort St . George Gazett:
on the 2nd March 1960 (Phalgunn 12, 1881)].!
h11 Act to pr dvide for the cortstruction or digging of r~othies by the Government and by owners of lands fhntitled to irrigation under certain irrigation works
i ? the 3 [State of Tamil Nadu]. N~IEREAS it is expedient to provide for the construction or digging of field bothies by the Government and by owners of lands entitled to irrigation under certain irri- eation works in the 3[State of Tamil Nadu] ; b BE it enacted in the Tenth Yc Lr of the Republic of India as follows :-
1 . ( I ) This Act may be called the l[Tamil ~ a d ~ ] Short title, [rri;a< ion Works (Construction of Field Rothies) Act, and
I i1r0 cornme ncc- 12 . ' / . ment. f These words wcrc substituted for the word "Madras" by t te
Tamil ~ a d u Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
a For Statement of Objects and Reasons, see Fort St. George
Gazette Extraordinary, dated the 28th August 1959, Part IV-A, ps3c 289,
So much of this Act as was in force on the date of the commcncc-
Juerlt of the Tamil Nadu (Added Territories) Extension of Laws
Act, 1964 (Tamil Nadu Act 8 of 1964) in the State of Bgadras was
extended to the added territcries b;l ;cz!nr: 3 of, and the First Schedule
to, the latter Act. This expression was substituted for the expression "State of hladras" by the Tamil Naru Adaptation of Laws Order, 1969, as
amended by the Tamil Nadu Adagtatioo of Laws (Second Amend- mcr-it) Order, 19G9.
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t 390 irrigation Works. (Consf~uclion of' I1959 .: k N . Act 25
Pie ld Bo thies)
(2) It extends to the whole of the l[State of Tamil Nadul.
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(1 j It shall come into force on such date as the Goverl mcnt may', by na tificalion, appoint. * !
Definitions. 2. 1 n this Act, unless the context otherwise requires,-
(a) 'zyacut' .in relation to an irrigation work means the lands which have been registered as lands entitled to iriigatl.fil under that ii.~-igzti~n work by afiy aauioii~y or officer authorized by the Government ;
(b) 'Collector" means L? Re~~exlue Divisional Officer and inclgdes any person appointed by the Government to
excrcise any of the fu.rrctions of a Collector under this fact;
(c) 'fit21d bo t hies' ineanr s~nnll cllaniiels which run from otrtlcts in the Gcjvernme1;t cllanilzels and wllich convey rin3.. distribute w;tcr to i~diviclual fields ; (il) '6ovcmrn:at' ~n:tii~s ,he St.i:te Government ;
(c) 'ii!.i.ig;!tion wolk' 11--e;.nc; cn:, of the projects
. cL~l.ini-: ipccified in tlie SchCiiuiz tllis Act :!nd any othcr proj-cl 2r cmal which I ~ Y bc declared by the Govc.rf~me:lt by n~ t i? - -.'il -. f o be .-rl irrigation work ; ( f ) 'owner' means--
(i) any person holding land in severally or jointly or ill c01i:1110n under n I-yotwari settle~~lent or i n any way
subject to the payment of revenue direct to the Govern- ment, or
(ii) n landholdc: as defined in the "Tarnil Nxlu] Estates Lca:! Act, 19Q3 ("[Tr?mil Nzdu] Act 1 of 19C8) or c.* rycf .?s defined iri tl1.1r Act, or This ex;?ression was substituted for the expression "State of
?dadrasW by the Tamil Nadu Adaptation of Laws Order, 1969, as amnded ky the Tamil Nadu Adaptation of Laws (Second Amend-
ment) Ordci, 1969.
2 Tl~esr: words were suvstituted for the word "Madras" by the Tamil Nc du Adaptation of Laws Order, 1969, as amended by the 'Fiamil Nadu Adaptation of Laws (Second Amendment) Order,
1963.
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f 1959 1 T.N. Act 251 liiigntio n Works (Co?~strilcrioi: 391
of' Field Bothies)
(iii) an inamdar not beiug a landholder defined :is aforesaid,
t 31:d inclutles h:? p ~ r s o ~ l lor the tin.3 being seceiviilg or
,:tiii~!t*,l ~ * ! > % . - L i i , \vi~(.-ii~cr on his OWJI account 01 as
.~::cr 1 1 , I . I , I ~ < . : L !:, i;!: \i.(li;~il, J I ~ : . L I I ; L ~ ~ S or receiver, for rtncrthef:
~);I-:;OII, tilt; i - c , ~ ~ or 111 o l i ~ derivable f'ron~ land, or a riwr:-
st,":^ wit11 pu:,;:cssi~n ;
{gg) 'w:~~t.le; co:irse' mans a river, stream, n;rtural channel, lakc or caiural collection of water and includes any tributary or branch of ally river, stream or channel.
3. If the Collector is 5atisfied that it is necessary or collector t o
cxpcd i~n t that aizy owner should construct or dig field reqilire I~othi!.s i l l i l i j la;l!t in the ayacut of an irrigation work, owcers by he sl~ail by notice require thc owner to construct or dig no!1ce to constri.ct 01 ticld botllics iii i i u i lrilld within such tlme inzy be dig
specified i r i i~oticc in such manncr :a:\ ;nay bc bothies, psescribcd.
4. 1 T 212 (1 \,=mcr i io c,?nstruct or dig fieid boihies -pcl,ali (or lit, his land & t ; i - e y i i i r ~ ~ i iil talc notice and in the rn:inlzer fiiilurc to prcjcrlb:d rti14.1~~ si:clion 3, Il~e Collector inay, after giving C O W ~ Y tv i~ l l notice the owiler n rcaso~~ablc opportunity of being heard, make Under an order e:tcluding such land from the ayacut of the irri- ,,,tion 3,
gation work coiicer:~ed.
5. (1) Any 1-crson aggrieved by an order of the Cool- Appeal lector under sectior~ 4 may, within a pe~iod of thirly days against order horn the date on which the ordez was served on him in under
t!;e manner prescribed, appeal against such order: to the section 4.
District Collector :
Provided that tlic District Collectov may admit ;In appeal prcscntcd aRer the expiration of the said period o f thirty days, if 11c is satisfied that the appellant had sufficient cause li>r not presenting the appeal within the said perhd.
(2) The appeal :;hail be in such form and shah be lierified in such manner and shall be accompanied by such fee as may be prescribed.
(3) In disposing of an appeal, the District Collectoa may, after giving the appellant a reasonable opportunity of being heatd, pass such order on the appeal as he thinks
fit. The o ~ d e r of the District Collector orr such appeal shall be final and shall not be called in question in any court of law.
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392 Irrigation Works (Construction of [I959 : T.N. Act 25 Field Bothies)
Government 6. (1) It shall be lawful for the Government to con-
construct struct or dig field bothies on any land belonging to them
Or dig or acquircd by tf em for the purpose, for utilizing the
bothies* water for the purpose of irrigation, notwithstanding that such construction or digging may interfere with the right of any person to lake water from any water course fog the purpos8 of irrigating his land or far any other puspose.
(2) Where, in pwsuar::e of sub-section (I), any field bothy is constructed or dug by the Government, the cost of construction or digging of such bothy, or such portion of the cost as the Collector may specify, may be recovered by the Collector from the owners cf the lands
and other prbperties beneditr-d by the field bothy in such proportions and 111 such manner as may be prescribed.
Explanation.-- For the purposes of this sub-section, the expression 'cost of consti.uction .ar digging of such bothy' shall include-
(i) the cost of the !and acquired f o ~ the purpose, and
(ii) the expenditure incurred towards the employ- ment of the special staff for the pwrposc.
(3) Any amount recoverable by the Collector under sub-section (2) may be recovered as if it were an atre;lr. of land revenue.
Obstruction 7. (1) No person shall, cxcept in accordance witk or inter- such rules es may be pi. :.cri b ~ d , do anything whicj1 ference with obstructs or interferes or is likely to obstruct or interfere
water flowin8 in with the flow of water in any field bothy.
field bothy prohibited -
in certain .-
cases.
(2) If any person contravenes the provisions of eub-section (I), he shall: be ,punishable with impyisio n-
ment which may extend. ta six months or with fine w&ieh; 8 a .
may extend to one thousand rupees or with both.
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8. (1) No suit or other legal proceedings shall lie Bar of suits against the Government, at the instance of any person- and Pro-e- dings
(a) in respect of any act done or purporting to be done under this Act, or
(b) on the ground that any fiela bothy inter-
feres or is likely to interfere with his rights in any manner.
(2) No suit, proreout ion or other legal yrocceding shi~ll ie against any oficcr or servant of the Government for an-rthing which is in good faith done or intended to be done in purruance of this Act or any rule made thereunder.
9. (1) Tlic Government I~lay, by notification, make Power to
u~r'cs to casl-y out the purpc ~ e s of this Act, makc rules
(2) 111 particular a11d w;thout prejudice to the gen- erality of the foregoing p o - ~ ~ . r , such rules may provide
for any n~attrr requiLed G c acd by this Act to be prescribed.
(3) All rules made and i 1 l notificaiions issued undcr
this Act sl.ta21, as soon as possible after they are made, be placed on the table of btjth the Ho~.~ses of the Lqgs-
lature and shall be su1,ject to such: modifications by way
of aincndment or repelal as the Legislature .may make
either in the same session cur in the next session.
[Szc section 2 (e).]
(1) Arnaravatl~i Project.
(2) Kattalai High Level Caljal.
(3) Krishnagiri Project.
(4) Lower Bhavani Project.
(5) Nanimuthar Project.
(6) Mettur Canal,
(7) Pullambadi Canal.
(8) Sathanur Project.
(9) Vaigai Project.
610) Vidur Project, ell) Cauvc~yMettlrr Pro!< g l ,
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