The Tamil Nadu Irrigation (Voluntary Cess) Act, 1942

The Tamil Nadu Irrigation (Voluntary Cess) Act, 1942 Act 13 of 1942 Keyword(s): Drainage Work, Estate, Irrigation Work 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. - " - -. . * ." - b - -& ~ A".-..,.-- ~'*i;whm 7 . Ct,.,"&5. , = 1 a 1942 :T .N. Act X U I rrigation (Votzmrary Cess) 853 - '[TAMIL NADU] ACT No, XIfI OF 1942%. i ~I'HE'( TAMINLA DUI) RRIGAT(IVOOLNU NTARY CESS) ACT, 1942.1 I (Received rhe assent of the Governor on the 8th Ju~ze 1942 ; fist 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~ltenanceo f certain irriga- tion and drainage works serving ryotwari tracts in the 3[State 6f Tamil Nadu]. WEIEREAitS i s expedient to provide for thc levy of a- cess for thi: mai~~tetlatlcoef 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; 4rI 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~titf~i%trtt hde word "M.tdras" by the T~l'clrrrilN ~;tt,d :~pta~iolo,f Laws Vrdcr, 1969, ns n~nendedb y the T;iniil Natlu Ad;lptation of Laws (SCCOA~~i~ic~t idn~O~r~detr), 1969. 2 bar statenrent of Objects ant1 Reasons, scc Fort St. George Ga=errc., d~tcdIl ~e91 11 Dc~clltberI !)dl--P.trt I V-A, p.lges 187-189. This Act WCIc~k tended to tlic I~IL'I.SSLtd'~te of l'udukkottai by 3 or, and the First Schedu\o lo, the Ta~nil N:& Merged states (Laws) Act, 1919 (T,lnlil N,~tiuA ct XSXV of 1949). I This Act was ektelldcd lo tlie Knl~y~ikuiud~k~tr~iic t and the Shancottah taluk of the l'~runelveld~i+ trlct by section 28 of the Tamil ~ . ~ d('I'ur,ln s<erred ?'c~*ilIo ry) 1;) <)ti\ .II I Sct~11 men t Act, 1964 (lniu~Nlu clu Act 30 of 1962) rol~o,llln~Ih c cotlc.\ponditlg law in force 1'1t hat tc,rritot y. 3 This euprc\\io~w~a s subslitutcd fo~111 c c\p~cssioll" Province of Madras" by t11c 'l',lnli! N:~tluR d.tptotion ofL:lw? Order, 1970, which was dcemcd to I~avcco mc 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 " I > i~ 854 Irrigation (%'oi~intaryC ess) 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. 2. In this Act, unless there is anything repuguant Definitions. in the subject or context-- I (1) 'drnin~gew ork' includes-. - channels, cit11er natural or artificial, for ((1) . the discharge of ~ ~ ~ aosr tsuzr plus \\.ate and all works conncctcd \\?it11o r 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 t~he protecticn of bnds fsc>n:.f lood or from erc~sion, \\*hic.la~r e owned P!. cont~.~>llbcyd the "State] . Govsrn~i~cnotr \vhicll arc maintiii~~c~dy them other- than by :in assignmct~ot f land or la ild reve~lur,o r which, ha\ i~!gbe en constructed h) the 3ot1crnrr~cto~r t bcing n~aint;\iaedb y an ;issiga~nc~o~i' tl and 01- land TC~UIILIC: ~n:iri,' by tl1~1uI.~ :t\/cn ot L~CCI. made o\er to p<?S:+) ;lily 1'. (2) '~statcs' hall IY.\VtCll c sank: nl,ani.ng :IS in thc JETarnil N;icl~E~s] tates Land Act, 190s; r[Tarnil Naduj . .- . - ,. - .. - .- .. . - - . -. - - - .- -- -- - -- - -. - .. - . -. - ..- -.- -- - - -. -. - - - - A 19 c 0 t 8 1 . of 1 This eq>r.cs\iorwl as substitt~tcdf or tile suj~ression "State of ~1sdra.i''b y tho I'arnil Natlt~. -\di:ptation of L:IVs y%er,1 969, ;IS icmendcd by the 'Tatt~ilN ;I~I:\Id ;~ptationo f 1.i1w.; ( ewnd Anmil. rilent) Ortlc~~1',1 69. 2 Canlcinto forceon the 16tt1 Miry 19-14. 3 This wur~iw as substituted for the word "Provincial" by the Adaptation OI~CoIf. 1950. 4 Tlwse words wcre substituted for the word "Madras" by tho 4 Tamil Nadu Atl~ptationofLawsO rder, 1969, asurended by the'fa~nil Nadu Adaptiuion of Laws (Swond A~i~endmenOt)l der, 1969. I (3) 'irrigation work' includes- i 1 (a) all canals, channels, tanks, wells and ' 1 reservoirs used for the supply or storage of water and I all qorks, embankments .and structures (other than escape channels) connected therewith, 0 I 1 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 011 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 of I 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 the I 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. I 4 __ao 4. (cid:3) he uss shall be determined and administered in such manner as may be prescribed by rules made bg 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 9. No Civil Court sllall have authority to take into collsiderat,inn or decide any question as to the validity or rate of arty cess levied under this Act. - 1 This word was substituted for the word "Provincial_" _byC th_e Adaptation Order of 1950. 10. (1) The l[State] Government may make rules to 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~th~eg desire of the registered holders of any land ~vheret here 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 ; (c) the determination and the administration b of any cess levied ~indetrh is Act. (3) All r~11csm :tde under. this section shall be. published in 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\j lord "Provinci:~lWb y ; Adaptation Ordcr of 1960.