The Andhra Pradesh (Krishna, Godavari and Pennar Delta Area) Drainage Cess Act, 1985.

THE ANDHRA PRADESH (KRISHNA, GODAVARI AND PENNAR DELTA
AREA) DRAINAGE CESS ACT, 1985
Act No. 26 of 1985
ARRANGEMENT OF SECTIONS
SECTIONS
1.      Short title, application and commencement.
2.      Definitions.
3.     Levy and collection of drainage cess.
4.     Procedure to be followed before levying drainage cess.
5.     Appeal.
6.     Revision.
7.     Establishment of Krishna, Godavari and Pennar Delta
       Drainage Board.
8.   Constitution of the proceeds of drainage cess into a fund and its
administration and application.
9.  Levy of fees for the maintenance of the drains and other drainage
works.
10.  Drainage cess and fees payable under this Act to be treated as
public revenue due upon the land.
11.  Power of Government to fix instalments etc., of drainage cess.
12.  Exemption or reduction of drainage cess.
13.  Bar of jurisdiction of Civil Courts.
14.  Power to give directions.
15.  Power to make rules.
16.  Repeal of Act II of 1968.
        THE SCHEDULE
THE ANDHRA PRADESH (KRISHNA, GODAVARI AND PENNAR DELTA
AREA) DRAINAGE CESS ACT, 1985
Act No. 26 of 1985
[15th October, 1985]
AN ACT TO PROVIDE FOR THE LEVY AND COLLECTION OF DRAINAGE
CESS ON ALL LANDS COMPRISED WITHIN THE DELTA AREA OF
THE KRISHNA, GODAVARI AND PENNAR RIVERS IN THE STATE OF
ANDHRA PRADESH FOR PURPOSE OF RAISING FUNDS TO MEET
THE EXPENSES INCURRED ON DRAINAGE SCHEMES UNDERTAKEN
IN THE SAID DELTA AREA AND FOR THE MATTERS CONNECTED
THEREWITH.
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh
in the Thirty-sixth Year of the Republic of India as follows:-
1. Short title, application and commencement- (1) This Act may be called
the Andhra Pradesh (Krishna, Godavari and Pennar Delta Area) Drainage Cess
Act, 1985.
(2) It extends to all the lands comprised within the delta area of the
Krishna, Godavari and Pennar Rivers in the State of Andhra Pradesh.
(3) It shall come into force on such date as the Government may, by
notification, appoint.
 2. Definitions- In this Act, unless the context otherwise requires:-
(a) "Board" means the Krishna, Godavari and Pennar Delta Drainage
Board established under section 7;
(b) "Collector" means any Officer in-charge of a revenue division and
includes a Deputy Collector, a Sub-Collector and an Assistant
Collector;
(c) "Delta Area" means the area comprising all the lands in the deltas
of the Krishna, Godavari and Pennar rivers, irrigated whether by flow
or lift, under the net work of canals taking off from the barrage near
Vijayawada on the Krishna river, the barrage near Dowlaiswaram on
the Godavari river and the anicut near Sangam and Nellore on the
Pennar River;
(d) "Division" means any of the following divisions in the delta area,
namely:-
(i)     the Godavari Eastern Delta;
(ii)    the Godavari Central Delta;
(iii)   the area comprising the Godavari Western Delta,
       the Krishna Eastern Delta and the Krishna Central Delta;
(iv)    the Krishna Western Delta;
(v)     Sangam Delta; and
(vi)    Nellore Delta.
(e) "Drainage Cess" means the tax leviable and collectable under
section 3;
(f) "Drainage Scheme" means any scheme for improvement of drains
in the delta area and for the formation of flood moderating reservoirs
in the upland areas across the rivers and streams flowing into the
delta area and includes any schemes relating to the following works
in the delta area which are owned or controlled by the Government or
constructed or maintained by them and not handed over to any
person:-
(i) Channels, whether natural or artificial for the discharge
of waste or surplus water, and escape channels from an
irrigation work together with dams, embankments, weirs,
sluices, groynes, pumping sets and other works connected
with or auxiliary to all such channels;
(ii) all works for the protection of lands from floods or from
erosion.
 Explanation :- For the purpose of this clause any part or
stage of a scheme shall be deemed to be a scheme;
(g) "Government" means the State Government;
(h) "Land" means wet or dry land;
(i) "Notification" means a notification published in the Andhra
Pradesh Gazette and the word ‘Notified’ shall be construed
accordingly;
(j) "Owner" in relation to any land, means the person liable to pay the
public revenue due on the land and includes a ryot having a
permanent right of occupancy within the meaning of the Andhra
Pradesh (Andhra Area) Estates Land Act, 1908 (Act 1 of 1908);
Explanation:- The expression "person liable to pay the public
revenue" in relation to any land in respect of which no public revenue
is payable means the person who would have been liable to pay
public revenue had it been payable on such land;
(k) "Prescribed" means prescribed by rules made under this Act.
3. Levy and collection of drainage cess- (1) There shall be levied and
collected by the Government, for a1[period of  ten years] from the date of
commencement of this Act, as a drainage cess, on every land in the delta area
comprised within a division specified in column (2) of the Schedule, for the
purpose of this Act in that division, a tax at such rate per acre per annum, not
exceeding the rate specified in the corresponding entry in column (3) thereof, as
the Government may, by notification, specify in respect of that division.
(2) Nothing in sub-section (1) shall prevent the Government from levying
and collection at any time after the expiration of the1[period of ten years]
mentioned in that sub-section, the drainage cess or any arrears pertaining
thereto, which is leviable or collectable during the said1[period of ten years].
(3) The drainage cess leviable under this section on any land shall be
payable by the owner of such land.
2[3A. Rebate for lumpsum payment of drainage cess –where any person
who is liable to pay drainage cess under this Act, desires to pay the cess for a
period of four fasli years commencing from the first day of July, 1991 in one
lumpsum, he may do so on or before the 30th day of June, 1991 at the rates
specified in the schedule as amended by the Andhra Pradesh (Krishna,
Godavari and Pennar Delta Area) drainage cess (Amendment) Act, 1991 (Act
No. 19 of 1991) and the person so paying the cess shall be entitled to a rebate
of sixteen per centum on the total amount payable by him for the four fasli
years aforeside.]
4. Procedure to be followed before levying drainage cess- (1) Before levying
the drainage cess in respect of any land the Collector shall cause a
1. The words “period of ten years” substituted by Act No. 19 of 1991, Section 2.2 . The Section 3A inserted by the Act No. 19 of 1991, Section 3.
consolidated notice for the entire1[period of ten years] mentioned in sub-
section (1) of section 3, to be served upon the owner of the land requiring him
to make payment for each year, of such amount of the drainage cess and
within such period as may be specified therein.
(2) A notice under sub-section (1) may be served on the owner of the land
in the manner prescribed.
(3) Separate notice to the same effect shall be served in the prescribed
manner on all persons known or believed to be the owners or interested in the
lands specified in the notice so far as such service may be practicable.
5. Appeal - (1) Any person aggrieved by the levy of the drainage cess under
section 4, may, within sixty days of the service of the notice referred to in sub-
section (1) of that section, appeal to such authority as the Government may, by
notification, appoint in this behalf and the said authority may pass such order
on the appeal as it thinks fit.
(2) Any order passed by the Appellate authority under sub-section (1),
shall subject to the provisions of section 6, be final.
6. Revision-The Government may, at any time, either suo motu or on an
application call for and examine the records relating to any order passed, or
proceedings taken by the Collector under this Act or by the appellate authority
under section 5, for the purpose of satisfying themselves as to the legality or
propriety of such order or as to the regularity of such proceedings and pass
such order in reference thereto as they think fit:
Provided that no order adversely affecting any person shall be passed
under this section unless such person has been given an opportunity of
making his representation.
7. Establishment of Krishna, Godavari and Pennar Delta Drainage Board-
(1) There shall be established by the Government a Board for the purposes of
this Act, to be called the Krishna, Godavari and Pennar Delta Drainage Board,
which shall consist of a Chairman and such number of other members, not
less than twelve but not more than twenty, as the Government may, by
notification, appoint and the Board shall exercise such powers and perform
such functions as the Government may, from time to time assign to it.
(2) Subject to such rules as may be made in this behalf, the Board shall
appoint a committee for each district in the delta area for the purpose of
performing such functions as the Board may assign to it.
(3) The term of office of the members of the Board, and the manner of
filling of casual vacancies among its members, the procedure to be followed at
a meeting of the Board or its Committees and other matters incidental to the
functioning of the Board or its Committees shall be such as may be prescribed.
(4) Subject to the previous approval of the Government, the Board may
appoint such officers and servants as it considers necessary for the efficient
performance of its functions.
(5) The terms and conditions of appointment and service and the scales
of pay of officers and servants of the Board shall be such as may be determined
by the Board with the previous sanction of the Government.
 8. Constitution of the proceeds of drainage cess into a fund and its
administration and application- (1) The proceeds of the drainage cess levied
and collected under this Act, reduced by the cost of collection as determined by
the Government, shall after due appropriation made by the Legislative
1 . The words “period of ten years” substituted by Act No. 19 of 1991, Section 4.
Assembly of the State by law, be constituted into a fund to be called the
"Krishna, Godavari and Pennar Delta Drainage Cess Fund".
(2) In addition to the proceeds referred to in sub-section (1) any moneys
received from the State or Central Government or any other source for the
purposes of this Act, shall be credited to the Fund. \
(3) The Fund shall vest in, and be administered by, the Board in such
manner as may be prescribed.
(4) The Fund, in so far as it relates to the proceeds of the drainage cess
levied and collected in a Division, shall be applied towards meeting the cost of
the drainage schemes which the Board may, with the concurrence of the
Government, undertake in that division. The expenses of the Board and its
Committees shall also be met out of the Fund:
Provided that it shall not be necessary to obtain the concurrence of the
Government as aforesaid in respect of such class of drainage schemes as may
be prescribed:
Provided further that the expenditure incurred by the Board to any
purpose common to all or any of the divisions shall be apportioned among the
divisions concerned in such manner as may be prescribed.
9. Levy of fees for the maintenance of the drains and other drainage
works- (1) The Government shall levy fees on every land served by any drain or
other drainage work improved or started and completed in pursuance of a
drainage schemes undertaken under this Act, for the purpose of the
maintenance of such drain or other drainage works, at the rate of three rupees
per 0.404686 hectare (per acre) per annum.
Explanation:- For the purpose of this sub-section all lands under a
drain or other drainage work shall, unless the contrary is proved, be presumed
to have been served by the said drain or other drainage work.
(2) The fees referred to in sub-section (1) shall be paid by the owner of
such land.
10. Drainage cess and fees payable under this Act to be treated as Public
revenue due upon the land- The drainage cess and the fees payable under
this Act by an owner in respect of any land shall be deemed to be public
revenue due upon the said land and the provisions of the Andhra Pradesh
Revenue Recovery Act, 1864 (Act II of 1864) shall apply.
11. Power of Government to fix instalments, etc., of drainage cess- Where
the Government are of opinion that it is necessary so to do, they may by
notification, fix the number of instalments in which and the time within which
the drainage cess shall be payable by any owner or any class of owners.
12. Exemption of reduction drainage cess -(1) If in the opinion of the
Government the enforcement of all or any of the provisions of this Act, causes
undue hardship on account of unforeseen calamity or any other reasonable
cause to an owner or class of owners in respect of any land or class of lands
held by such owner or class of owners, the Government may, by notification,
and for reasons to be recorded therein:-
(a) grant exemption or make a reduction in the rate of drainage cess
payable,-
(i) by any owner or class of owners;
(ii) in respect of any land or class of lands held by such
owner or class of owners; and
(b) cancel such exemption or vary such reduction.
(2) any notification issued under sub-section (1) shall be laid, as soon as
may be, after it is issued on the Table of the Legislative Assembly of the State,
while it is in session for a total period of fourteen days which may be comprised
in one session or in two successive sessions and shall be subject to such
modification or annulment as that Assembly may make.
13. Bar of jurisdiction of Civil Courts- No civil court shall entertain any suit
or other proceedings in respect of any order or decision passed by the Collector,
the appellate authority, or the Government under this Act, or in respect of any
other matter falling within the scope of any of those authorities.
14. Power to give directions- The Government may, give such directions to
the Board as appear to them to be necessary for carrying out any of the
provisions of this Act, or of any rule, notification or order made thereunder and
the Board shall comply with every such direction.
15. Power to make rules - (1) The Government may, by notification, make
rules for carrying out all or any of the purposes of this Act.
(2) Every rule made under this section, shall immediately after it is made,
be laid before the Legislative Assembly of the State if it is in session and if it is
not in session, in the session, immediately following, for a total period of
fourteen days which may be comprised in one session, or in two successive
sessions and if before the expiration of the Session in which it is so laid or the
session immediately following, the Legislative Assembly agrees in making any
modification in the rule or in the annulment of rule, the rule shall from the
date on which the modification or annulment is notified, have effect only in
such modified form or shall stand annulled, as the case may be, so however
that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.
 16. Repeal of Act 11 of 1968 :- The Andhra Pradesh (Krishna and Godavari
Delta Area) Drainage Cess Act, 1968 is hereby repealed.
1[THE SCHEDULE
(See Section 3 (1))
1 . The Schedule substituted by the Act No. 19 of 1991, Section 5.
Sl.No. Name of the Division The maximum rate at which
Drainage Cess may be
collected.
(1) (2) (3)
1. The Godavari Eastern Delta. Rs.30/- per acre per
annum.
2. The Godavari Central Delta. Rs.30/- per acre per
annum.
3. The area consisting of the Godavari
Western Delta, the Krishna
Eastern and the Krishna Central
Delta.
Rs.50/- per acre per
annum.
4. The Krishna Western Delta. Rs.40/- per acre per
annum.
5. The Sangam Delta of Pennar River. Rs.40/- per acre per
annum.
6. The Nellore Delta of Pennar River. Rs.40/- per acre per
annum.
]

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