The Tamil Nadu Irrigation Tanks (Improvement) Act,1949

The Tamil Nadu Irrigation Tanks (Improvement) Act,1949 Act 19 of 1949 Keyword(s): Government, Owner, Tank 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. rt'r rsuuurb w t.erm.3 (Improv einen t)' - - -- -- r ) j. , IL NADU] ACT No. XIB OF 19492. ' IL NADU] IRRIGATIOTNA NKS( IIJIPROVEM~) ACT, 1949.1 eived the useat of the Governor on the 13th July 1949 ; the Fort St. .George Gaz&e on the , Act to empower the 3[State Government] to increase the capacity and efficiency of irrigation tanks in tbe 4[State of Tamil Nadu]. n;t to empower the 3[State Govern- capacity and efficiency of irrigation Tamil Nadu] ; It is hereby enacted 1. (1) This Act may be called the '[Tamil Nadu] Irri- Short titlev ga tion Tanks (Improvement) Act ;1 9 49. extent and commence- ment. (2) It extends to the whole of tEe 6[State of lamil (3) It shall come into force at once. 1T 11ese words were substituted for the word Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended ion of Laws (Secoad Amendment) bluer, 2 For Statcmenl: of Objects and Reasons, see Fort. St. George Gazette, Extraordinary, dated the 8th June 1949, Part IV-A,page 236. This Act was extended to the merged State of Pudukkottai by section 3 of, and the First Schedule to, the Tamil Nadu Merged States (Laws) Act, 1949 (Tamil Nadu Act )LXXY of 1949). This Act was extcnded to the Kanyakumari district and the* Shencottah taluk of the Tirunelveli district by section 28 of the Tamil Ndu (Transferred Territory) Ryotwari Settkaent Act, 1964 (Tamil Nadu Act 30 of 1964). a This expressior~w as substituted for the expression "Provincial, Government by paragraph 3 (2) of the Tamil Nadu Adaptation " of Laws Order, 1970. 4 This expression was substituted for the expression '' Province I of Madras " by paragraph 3 (2) of the Tamil Nadu Adaptation or b w sO rder, 1970. a This expression was substituted fpr the expression #'State of Madras by the Tamil Nadu Adaptatron of Laws Order, 1969, as fi amended by the Tamil Nadu Adaptation of J4ayrs (Second Amend- ment) Order, 1969. - - - - -- - - --- "Ilr 'k. xi& 3% Iirtgatton' ~ a n h 5 t1941) : $. (Improvement) I ionse - 2. In this Act, unless there is anything repugnant in the ' . subject or' c' ontext :- (b) dovmnme~ " t mea ns the l[Sta teJ Government ; (b) " ownel " in relation to any land or property, includes any pmon having an interest in such land or property ; .\ (c) " prescribad ". means prescribed by rules b d e und.& this Act ; (d) "tank" merns an irrigation tank in the SIState . of Tamil Nadu]. 1 +Powert o 3. (.I)' Notwithstanding anything contained in any take mea- other law for the time bzing in force, the Govermient -. sures for shall have powx to raisp tlx full-tank level of any tank or increasing .. the capa- to take any other m@suscs.for increasing its capacity or : city or efficiency, wherever it m?y bz situnted and whether in a efs~i5ncyr yotvvari, zamindari, inemdari or other arca. - of irrtna-. tion tank. (2) The owne! of a tank not bzlonging to the Govern- ment shall not be rzquired to bear any portion of the cost ( of carrying out any measure? rcsFest of the tank under ;.? sub-section (I). (3) Where in pursuance of sub-section (I), any measnrcs are carried out in respsct of a tank, the cost of carrying them out or such portion of the cost as the Goverm~~mnts y specify, may b~r.e covered by the District Collector from tla owners oft he nd s r nd other properties 13 , benefited by the work in such proportions, and in such manner, as may be pescribed. .* Suits and 4. No Court shall entertain any suit cr application for appli~ationsth c issue of any injcnction to rcstrain thc exercise of any 'wunc- mers conferred on the Govtrnment by section 3. tions barred P, ' Compen- 5. (1) Where in consequence of anything done in sation. pursuance of section 3, the owoer of any lend or prop:rty sustains loss or dm~ageh, e shall be cn~itlcdt o such com- pensation as the District Collectar may by ordet determine: Provided that wwhe the loss or demage w2s sustained by reason of the diminution of the supply of water to m y - 1 This word was substirutid for the word " Pro~tncial" by t L h I e Adaptation Order of 1950. 2 This expi, -:on was rubs tituted for the expressi~n state f Mad. ..s '' by the Tamil Hadu Adaptation of Laws Order, 1969, as amended by the Tail Nadu Adaptation of Laws (Second kmcknent) Order, 1969. $i 1949:T.NnActXIX] IrrigutionTanks (Improv emenr ) llnd or to any tmk or other source from which water is supplied to any lmd, compmsation shall be payable only - insuchcases, 2nd to suchextent, as m y b epr~scribed. (2) No ccmpensatibn shall be,payzb e to any person undtr sub-section (I), unless he has prsferred to the Dis- trict Collector. a-1a p~licationin that behdf setting forth the grounds of his claim, witbn thrm years from the date on which the loss or damage was sustained or such further time as ih: Distr:ct Collector may thitk fit tG allow. (3) On rt-cipt of an application uuder sub-section (2) the District Collec.t or shall hold an. enquiry in the pi escribed mano er The compensation payable to any persoa und this section shall be a lump sum in all cases including those where the loss or damage sustained by him is a recurring one, and shall bs determined by the Distria Collectot in tht; prescribed manner. (5) Ali compensation payable to any person under this seclion shall be paid by the Government, and the total amoant paid by way of compensation in consequence ~f any mzasures taken in pursuance of section 3 in respect of any tank or such portion of the total amount aforesaid as the Government may spzcify may be recovered by the District - Collector from the owners of the lands and other properties bznefi~tedb y the measures taken& such proportions and in accordance with such rules, as may be prescribed. 6, (1) The Government or any per son deeming himself ~ppesl aggtieved by an order of the Dislri ct Collector under against order section 5, sub-section (I), or any person deeming himself of the aggt ieved by any recovery orderel! by the District Collector District under section 3, sub-section (3), or under section 5, sub- ~11ecta . scction (9, may amppeaalg ainst such order to the Subordi- nate Judge's Court having jurisdiction over the area in which the land or property to which the order rt;lates situated, or if thero is no such court, to the District Court having jurisdiction over such area or if such area is in the Presidency town, to the Madras City Civil Court. (2) Such appeal shall be made within ninety days from the date cn which the ord~rap pealed against was served on the Governmmt or the person concerned as the case may be or s u ~fhu r t her time as the oour t rm y think fit to allow. r b ? J ztion Tanks [I949 :T .N. Act ,g ax .I- rriprovernent) ll $-? Po* to I ' <:) The Government may, b, y notification in the m ru a le r- s - . *port Q"4 - " * QeQ-r ge VI*t ZZette, make rnles lo carry out the ,nwl At r,v nUnecs, of this Act. MI pasncular and without prejudice to.t he gene rality of the foregoing power, such rules may provide for- (a) the entry on, and inspection of, any irrigation t a d o r any land adjacent thereto or in the neighburhood thereof 1 (6) the delegation ofth e powcrs ofth e Government under section 3 to any officer . o r authority subordinate to . them, and the co - nt = ro - l A an - i I r~wslonof - the acts or proceed- 7 inac ~f U a U n I r r B LI.*AL U UA~UG~;~I- o- r authority- t > v (c) the procedure to be followed in disposing of applioations preferred under this Act g and . (d) the luanner of service of orders under this Act . . ---