LexThe Parambikulam-Aliyar Project (Regulation of Water-Supply) Act, 1993.
Tamil Nadu · state statute
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The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on
the 19th May 1993 and is hereby published for general information.—
ACT NO.20 OF 1993.
An Act to regulate the supply of Water from the Parambikulam-Aliyar Project and matters connected
therewith.
WHEREAS under Article 48 of the Constitution of India, the State shall endeavour to organize
agriculture on modern and scientific lines;
AND WHEREAS in the interest of the general public and in order that maximum possible advantage
may result in the matter of agricultural production and for bringing prosperity to the backward and
drought-prone areas, it has been considered necessary as a measure of agrarian reform, to bring more
lands under cultivation in the Coimbatore and Periyar districts by regulating the irrigation system in the
Parambikulam-Aliyar Project for optimum use possible in pursuance of the directive principles enshrined
in the said Article 48 of the Constitution of India;
AND WHEREAS the original extent of 2,02,152 acres of land are getting water supply from the
Parambikulam-Aliyar Project for irrigation on rotational basis from the year 1967 by dividing the entire
ayacuts of 2,152 acres of land into three zones and by supplying water once in 18 months on rotational
basis to each zone ;
AND WHEREAS ever since the inception of Parambikulam-Aliyar Project, there have been frequent
representations from the ryots of the proverbially drought-prone taluks of Pall dam, Dharapuram,
Udumalpet and Pollachi for the extension of existing ayacut of the Parambikulam-Aliyar Project, so that
more drought-prone areas can have the benefit of irrigation;
AND WHEREAS the Government have approved the extension of ayacut under Parambikulam-Aliyar
Project by 1,75,000 acres of land in the above said taluks;
AND WHEREAS the Government have issued orders in G.O.Ms.No.126, Public Works Department,
dated the 29th day of January 1976 adding 1,15,000 acres of land to the irrigation system covered by
Parambikulam-Aliyar Project;
AND WHEREAS two writ petitions were filed in the High Court, Madras in W.Ps.No.575/78 and
1309/78 against the said order and the High Court has directed that before supplying water to the new
ayacutdars in the extended ayacut, the original ayacutdars are first assured of supply of sufficient water
subject to availability once in eighteen months, as regularly as possible or practicable ;
AND WHEREAS in view of the above direction of the High Court, Madras the Government have
called for a detailed report from the Chief Engineer (Irrigation) who has reported that with the available
water potential, water can be supplied to the extended area by dividing the entire ayacuts into four zones,
each zone getting water for period of 41/2 months to 6 months once in two years and therefore has
suggested that water may be supplied to the new ayacuts of 1.75 lakhs acres of land from the said project;
AND WHEREAS the Government have after carefully considering the report of the Chief Engineer
(Irrigation) and after obtaining the opinion of the experts in this matter, accepted the proposal for re-
zoning the ayacuts covered by Parambikulam-Aliyar Project into four zones as feasible ;
AND WHEREAS the Government, after taking into consideration the aforesaid factors, have decided
to provide irrigation facilities under Parambikulam-Aliyar Project dividing the whole area into four zones,
providing irrigation to each zone once in two years as against the existing three zones providing irrigation
to each zone once in 18 months, in view of the drought-prone nature of the area and in view of the
infrastructural facilities already created in the said Project incurring huge expenditure;
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-fourth Year of the
Republic of India as follows:—
1. Short title, application and commencement.— (1) This Act may be called the Parambikulam-
Aliyar Project (Regulation of Water-Supply) Act, 1993.
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(2) It applies to the Coimbatore and Periyar districts in the State of Tamil Nadu.
(3) It shall come into force at one.
2. Definitions. —In this Act, unless the context otherwise requires, —
(a) ‘Government’ means the State Governments
(b) ‘Owner’ in relation to any land includes any person having an interest in such land;
(c) ‘Parambikulam-Aliyar Project’ includes the Parambikulam Main canal, Udumalpet
canal and High level canal in Palar Basin and the Pollachi canal, Vettaikaranpudur canal, Sethumadai
canal and the Aliyar Feeder canal in the Aliyar Basin and their distributaries;
(d) ‘Schedule’ means the Schedule appended to this Act.
3. Regulation of supply of water for Agricultural purposes from Parambikulam aliyar
project. — (1) Notwithstanding anything contained in any law for the time being in force or in any
judgment, decree or order of any court, Tribunal or other authority or any custom, agreement or usage or
any rule, notification or order made or issued by the Government relating to inclusion of ayacuts in the
Parambikulam-Aliyar Project or supply of water to such ayacuts or parts thereof and in force on the date
of publication of this Act in the Tamil Nadu Gvoernment Gazette, the Government may, after consulting
the Chief Engineer (Irrigation) or such other officer or authority as they may consider necessary, by
notification, regulate on rotational basis in accordance with the rules as may be prescribed, the supply of
water for agricultural purposes to a total extent of 3,77,152 acres of land in the Parambikulam-Aliyar
Project comprised in the four zones as specified in the Schedule.
(2) The Government shall, before issuing a notification under sub-section (1), take into
consideration the following matters: —
(a) the interest of the general public;
(b) the maximum possible advantage which may result in agricultural production in
extending the supply of water to more lands ;
(c) the advantage of bringing prosperity to the backward and drought-prone areas by
bringing them within the ayacuts ;
(d) the availability of water to the existing ayacuts ;
(e) the optimum utilization of the available water to a larger extent of ayacuts; and
(f) such other matters as may be prescribed.
4. Suits and applications for injunctions barred. —No Court shall entertain any suit or application
for the issue of any injunction or interim order restraining any proceeding which is being or about to be
taken under section 3 or the rules made thereunder for regulating the supply of water, by the Government
or by any officer authorized under section 5, in the Parambikulam-Aliyar Project.
5. Delegation of powers. — (1) The Government may, by notification, authorize any officer not
below the rank of Chief Engineer (Irrigation) to exercise the powers to regulate the supply of water for
agricultural purposes vested in them under section 3.
(2) The exercise of any power delegated under sub-section (1) shall be subject to such restrictions
and conditions as may be specified in the notification and subject also to control and revision by the
Government.
6.Protection of action taken in good faith. — (1) No suit, prosecution or other legal proceedings
shall lie against any person for anything which is in good faith done or intended to be done in pursuance of
this Act.
(2) no suit or other legal proceedings shall lie against the Government for any damage caused or
likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act.
7. Power to remove difficulties. —If any difficulty arises in giving effect to the provisions of this
Act, the Government may, by an order published in the Tamil Nadu Government Gazette, make such
provisions not inconsistent with the provisions of this Act as appear to them to be necessary or expedient
for removing the difficulty:
Provided that no such order shall be made after the expiry of a period or two years from the date of
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publication of this Act in the Tamil Nadu Government Gazette.
8. Power to amend schedule. —The Government may, by notification, amend the schedule
prospectively or retrospectively.
9.Power to make rules. — (1) The Government may, by notification in the Tamil Nadu Government
Gazette, make rules to carry out the purposes of this Act.
(2) (a) All rules made under this Acts shall be published in the Tamil Nadu Government Gazette,
and unless they are expressed to come into force on a particular day,shall come into force on the day on
which they are so published .
(b) All notifications issued under this Act shall, unless they are expressed to come into force on
a particular day come into force on the date on which they are published.
(3) Every rule, or order made or notification issued under this Act shall, as soon as possible after it
is made or issued, be placed on the table of the Legislative Assembly, and if before the expiry of the
session in which it is so placed or the next session, the Legislative Assembly agrees that, the rule or order
or notification should not be made or issued, the rule or order or notification shall thereafter have effect,
only in such modified form or be of no effect, 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 or order
or notification.
THE SCHEDULE
(See sections 3(1) and 8.)
Serial
Number.
Zone. Taluk. Extend by land acres.
(1) (2) (3) (4)
1 Zone I Pollachi, Udumalpet,
Palladam and Tiruppur in
Coimbatore district and
Kangeyam and
Dharapuram in Periyar
district.
98,558
2 Zone II -do- 98,418
3 Zone III -do- 94,024
4 Zone IV -do- 86,152
(By order of the Governor.)
M. MUNIRAMAN,
Secretary to Government,
Law Department.