The Periyar Irrigation Tanks (Preservation) Act, 1934

 
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The Periyar Irrigation Tanks (Preservation) Act, 1934 
 
Act 5 of 1934 
 
 
 
 
 
 
 
 
Keyword(s): 
Preservation in Efficient Condition, Periyar System of Irrigation, Tanks, 
Estate, Land Holder 
 
1934 : T.N. Act VJ Periyar 
'(TAMIL NADU) ACT No. V OF 19342. 
(Received the assent of the Governor on the 15th March 
1934, nnd that of the Governor-General on the 17th . . April 1934 ; the assent of the Governor-General was JLirst published in the Fort St. George Gazette of the 
8th May 1934.) 
An Act to provide for &he preservation ~JI, efiient 
condition of tanks belonging to landholders which 
are used as part of the Periyar system of irriga- 
tion in the "State ot Tamil Nadu]. 
WHEREAS it is expedient to provide for the preservation 
in efficient condition of tanks belonging to landholders 
which are used by the Government as part of the Periyar 
system of irrigation in the 3[State of Tamil Nadu] ; 
AND WHEREAS the previous sanction of the Governor- 
Goneral has been obtained to the passing of this Act; 
It is hereby enacted as follows :- 
1. This Act may be called the Periyar Irrigation Short title. 
Tanks (Preservation) Act, 1934. I 
2. It extends to the whole of the Madura district. Extent. 
3. Jn this Act, unless there is something repu@nt Definitions* 
in the subject or context, ! I 
(a) 'Collector' means the Collector of the Madura 
district ; 
These words were substituted for the word "~adras" by the 
Tamil Nadu Adaptation of Laws Order 1969, as amended by tho 
Tamil Nadu Adaptation of Laws (second~rnendment) Order, 1969. , 
" .' I' 
8 For Statement of Objects and Reasons, See Fort St. George 
Gazette, dated the 17th October 1933-Part N, Page 210. .." . 
a This expression was substituted for tho' oxp&i& t4~ 
of Madras" by the Tamil Nadu. Adap~tioq bfi FFl!&l 
which was deemed to have coma Into form on tho I th armar~$9(PP.' . ,.f 
(6) 'estate' and 'landholder' have the same mean- l[Tamii 
(c) 'tank' means any tank situated wholly or 
partly in an estate and used by the Government as 
part of tho Periyar system of irrigation. 
4. Jf any question arises as to whether any area is 
or forms part of a tank, it shall be decided by the 
Collector whose decision shall be final. 
of such measures to be prepared. The Collector shall 
send copies of such preliminary order, plans and 
estimates to the landholder of the estate in which 
the tank is situated, or if the tank is situated in 
more than one cstate, to taoh landholder conwrned, 
together with a notice in writing requiring him to 
appear before the Collector on a date to be specified 
in the notice, not being less than sixty days after the 
date of the notice, and show cause why the said 
order should not be confirmed. 
The Collector shall causc a vernacular translation 
of such order and notice, together with a description 
in the vernacular of such measures and of the estimated 
cost of carrying them out, to be affixed in some cons- 
picuous place or places in the village or villages in which 
the tank or its ayacut is situated and in such other 
village, if any, as he may think fit and shall cause 
intimation to be given of such affixture by beat of 
drum in the village or in each of the villages in which 
such affixmre has been made. 
" .F7 I‘ I 
i 
1934 : T.N. Act vj P ! 
I 
+yctions 
6. On or before the date specifled in the not iw- w?bt~~~ tor. 
(i) the landholder or any of the landlwltb~ 
concerned may appear before the Collector, and ~\$ih 
any of the following objections, namely :- 
(a) that he is not the landholder of any clil:~~~' 
in which the tank is wholly or partly situated ; 
(b) that the tank does not require repair : 
(c) that measures other than those propOh\\l 
would be sufficient for the repair of the tank ant\ 
restoration to efficiency ; and 
(4 that by law, local custom or contrac( .\\I\ 
of the measures proposed should be carried out \\ I\t\I\\ 
or in part by or at the cost of some other pc~ .\\\! 
or persons ; and 
(ii) the holder of any land irrigated by ~t:,, 
Periyar System or any other person concerned I\\.\\ 
appear before the Collector and make such reprc,tlt\ 
tations as he may think fit with regard to thc n:rt\\\\* 
of the measures proposed. 
7. 011 the date specified in thc notice or on .it\\ : ... \ ''y 
subsequent date to which he may adjourn the inqu~\\. \ ; ': 
the Clolector shall hold such ~~IC~~II\J ,, ,,I 
as he thinks fit, and after such jllq~i\,\, 
if any, shall pass a final order oonfirmi~\:;, 
cancellrng or modifying the prelimit~:\r\ 
order, and in the last case, shall cause to bc made sutbl\ 
modifications in the plans ar,d estimates as he n\ii\ 
f nd necessary: 
Provided that before modifying the prelim in;, I.! 
order to the disadvantage of any party who has II,,I 
appeared at the inquiry the Collector shall give ;\ 
reasonable opportunity to such party to appear :III~ I 
show cause why the order should not be modifial 
\ 
I 
Provided ftrther that in cases falling under sub- 
clause (4 of clause (i) of section 6, the Collector 
shall specifjl in the final order the extent to which the 
landholder's liability devolves on the person or 
persons concerned under the law, local custom 
or contract and the proportions, if any, in which 
each of such persons, if more than one, shall bear 
, such liability. 
(2) The total cobt of carrying out such measures 
(includiig the charges on account of establishment 
and tools and plant at such percentages on the actual 
cost of the work done as the '[State Government] may 
from time to time prescribed) shall bo dividcd between 
the '[State Government] and the landholder or land- 
Iiolders and the other persons concerned, if any, in 
accordance with the following provisions :- 
(a) There shall first be determined the '[aggre- 
gate of(i) the total average area in the estate or estates 
concerned] on which, during the three faslis immedia- 
tely preceding the fasli in which the preliminary order 
was passed, the '[State Government] have levied 
water-cess for the use of water issuing-from the tank 
otherwise than through its surpluq works, whether at 
the rate prescribed for the irrigation of dry land with 
Periyar water or at the rate prescribed for the irrigation 
of wet land in whole inan~ and zamindari villages with -----__ 
1 The words "Provincial ~ovcrn8ent'' were substituted for tllc 
words "Local Government" by thc Adapt? tion Order of 1937 and the 
word "State" was subst~tuted for "Prov~ncral" by the Adaptation 
Order of 1950. 
8 These words, brackets and figure were substituted for the words 
"total average area" by section 2 (i) of the Periyar Irrigation Tanks 
(preservation) (Amendment) Act, 1942 (Madras Act XVI of 1942), re- 
erlacted permanenrly by sectlon 2 of, and the Flrst Schedule to the 
TamilNadu ReenactfngandRo~ealing(No. 1) Act, 1948 (Tamil &du 
Aot W of 1948). 
such water '[and (ii) the total average area of ryotwari 
wet lands, if any, held under,and of ryotwari wet and 
dry lands, if any, irrigated with permission from, such 
tank during the three faslis aforesaid J; 
(b) Each landholder concerned shall bear 
such proportion of the said total cost as one half of 
the average area of the lands in his estate on which 
during the said three faslis the atstate Government7 
have levied water-cess for the use of water so issuing 
at the rate prescribed for the irrigation with Periyar 
water of wet lands in whole inam and zamindari 
villages, bears to 3[the aggregate area] as determined 
under clause (a) : 
(c) Thc "Stato Goverluncnt] shall bcar tl~c 
bnlancc of thc said total cost. 
Ilkatratio~~s. 
(I) A tank is wholly siluatcd in thc c5talc of a 
lanctlic~ldcr. Thcrc is no law, local custo~n or contracl 
excluding ~hc liability of the landholder. The averagc 
itrca on which water-cess was levied during the three 
1 This expression was added by section 2 (ii) of the Periyar 
Irrigation Tdnks (Preservation) (Amendment) Act, 1942 (Madras 
Act XVI of 1942), rc-enacted , permanently by section 2 of, and the 
First Schedule to, the Tan111 Nadu Re-enact ing and Repealing 
(No. I) Act, 1938 (Tamil Nadu Act VII of 1948).! 
1 The words "Provincial Government" were substituted for tl~c 
words "Local Govcrnment" by the Adaptation Order of 1937 and the 
word "State" Has subst~trited for "Provrncial" by the Adaptation 
Ordcr of 1950. 
3 These words were substitu,tcd for thc words "total avcrayc arca" 
by section 2 (II~) of the Perrydc Irrigation Tanks (Presc;vation) 
(Anicndrlicnt) Act, 1942 (Madras Act XVI of 1942), re-enacted 
permanently by secti.on 2 of, and the First Schedule to, the Tamil 
Nadu Re-enacti ng and Repealing (No. I) Act, 1948 (Tamil NaOu 
p ct VII of 1948). 
faslis immediately preceding that in which the prelimi- 
nary order is passed consists of 50 acres on which 
water-cess was levied at the rate prescribed for the 
irrigation of dry lands and 30 acres on which water-cess 
was levied at the rate prescribed for the irrigation of 
wet lands in whole inam ana zamindari villages. The 
of 30 
landholder should bear , La., 3/16 cf the total 
3Q350 
cost and the Government shoula bear the remsinder, 
namely, 13/16. 
(2) Tbe facts are the same as in Illustration (1). 
except that a contract is proved by which the ryots 
holding the wet lands are bound to bear a share of the 
cost in proportion to their holding. Twdntv acres of the 
wet lands are held by the ryotr and the rzn~aining ten 
by the landholder. The Government have to bear 
13/16 of the tot31 cost as in Illu~tration (I), the ryots 
2/16 and the landholder l/lu. 
(3) A tank is siiuated partly in th.: zrtate of land- 
holder A and partly in that of 1.1ndholder B. There is no 
law, local custom or contract excluding the liability of 
either landholder. The average area on \\rhicl~ water-cess 
W~LS levied during the three Clhl~s irnmedi~ttely preceding 
conjists of 50 aclm on which th: csjs w;ls levied at the 
rate prescribed for dry lanci.. 20 acres in the estate 
of Ii~ndholder A on which th: cc4s wa? levied .it the rate 
prescribed for ~ct lands in \vhnlc inam clna zamindari 
vill:tgcc, and 10 acres in thc cstate of Iiindholder 
B on which thc ccss was levied :it the rate prescribed for 
* ;of20 
such wet lands, Landholdar rl will bear 
50+ 20+ 10 
or 2/16 of thc: total cost. landholder B will 
4 of 10 
bear or 1/16' of the total cost and the 
50+20+ 10 
Government will bcnr the yemainder, namely, 
13/16. 
1934 : T. N. Act V] Perbar Ikrigattlbn Tanks 41 3 
(Preservation) 
VA NOTE.-^^ Illustrations (1) to (4), it is assumed 
(a) that there are no ryotwari wet lands under the tank, 
and (b) that there are no ryotwari wet or dry lands 
irrigated with permission from the tank. 
(5) The facts are the same as in Illustration (I), 
but in addition 10 acres of ryotwari wet lands are held 
under the tank and 10 acres of ryotwari wet and dry 
lands are irrigated with permission from the tank. 
4 of 30 3 
In this case, the landholder should bear- or - 
30+50+20 20 
of thc total cost, and the Government should bear la 
I,, i 
17 
the remainder, namely, - . 
20 
(6) The facts are the same as in Tllustration (5) 
except that a contract is proved by which the ryots 
holding wet lands under the landholder are bound to 
bear a share of the cost in proportion to their holding. 
Out of the 30 acres on which water-cess was levied at 
the rate prescribed for irrigation of wet lands in whole 
inam and zamindari villages, 20 acres are held 
1This note and jllustrafions (5) to (8) were added by 
..=, tion 2 (iv of tho Perlyar Irrl tlon Tanks (Preservation) (Amend- 
ment) Ao~. ] 942 (M8dns *ct &I of ,9421, re-eolcted permrnentiy 
by soction 2 of and tho' First Sohedula to, the Tamil Nadu Re- enacting .and kepcsllng (NO. I) Act, 1948 (Tamil Nadu Act VII 
of 1948). .,: 
414 Periyar Irrigation Tanks . [I934 : T.N. Act O . sq 
(Preservation) + ? 
by the ryots and the remaining 10 acres-by the hnd- , I 
holder. The Government have to bear -- of the total 
20 
2 
cost. as in Illustration (9, the ryots -and the land- . - 
20 
1 
holder -. 
20 
(7) The facts are the same as in Illustration (3) 
but in addition 30 acres of ryotwari wet lands are held 
under the tank and 10 acres of ryotwari wet and dry 
lands are irrigated with permission from the tank. 
+ of 20 2 
Landholder A will bear or - ofthe 
50+20+ 104-40 24 8, 
4 of 10 
total cost. landholder B will bear 
50+20+10+40 
1 
or - of the total cost, and the Government will bear 1 
24 
2 1 
the remainder, namely,-. 
24 
(8) The facts are the same as in illustration (4). 
The extent of the lands in the estates of the several 
landholders is 400 acres and in addition 150 acres of 
ryotwari wet lands are held under the tank and 
and dry lands are irrigated 50 acres of ryotwari wet 
with permission from the tank. The several land- 
..- - - 9 x 400 
holders in the estates have to Pay----- or ) 
400+200 in proportion to the areas lying . . -0 - of the total cost I 
within their respeouve estates, on which water-ces< 
has been levied and .the Govenunent ' will have to 
bear the remainder, namely, #,I 
1934 :T.l\t. Act v] 2eriyar Irrigation finks 41 6 1 I 
(Preser vatim) I 
I/ 
9. After such measures as may have ben ordered :x2z 
by the '[State Government] under section 8 have been landholder 
carried out, the Collector shall cause to b,o served upon or other I 
every landholder or other person concerned, a memo- person to pay amount randum showing the total cost of carrying out the same of cost due 
and the portion of such cost for which he is liable under from him. 
section 8, together with an order directing him to pay 
the said portion either in a lump sum within a specifled 
time or in specified instalments, 
10. Any amount payable by a landholder or other Recovery of 
person under an order under section 9 shall be reco- Zsytof 
verable as an arrear of I?nd revenue. t 
11. (1) Any landholder aggrieved by an order Right of I 
under section 9 served on him may, within six months Suit Of 
landholder, from the date on which such order was served, ins- ,tc., in certain 
titute a suit in a Civil Court to have such order set c.lqes. 
aside or modified on any of the foll~wing grounds, 
I 
(a) that he is not the landholder of any 
estate in which the tank is wholly or partly situated; 1 
1 
(6) that by law, local custom or contract any of the measures should have been carried out by, or 
at the cost of, some other person; or 
(c) that the portion of the cost for which hc I 
has been made liable has been wrongly calculated I 
Provided that a landholder who has been served 
with a preliminary order under section 5 shall not be 
entitled to institute a suit on the ground specified in 
clause (a) or clause (b), unless he has raised such 
ground in the proceedings before the Collector under 
section 6 or section 7. 
(2) Any person other than a landholder aggrieved 
by an order under section 9 served on him may, within 
six months from the date on which such order was 
served, institute a suit in a Civil Court to have such I 
I 
'The words "Provincial Government"were substituted for the 
words "Local Government" by the Adaptat~on Order of 1937 and tho , 
word "State" was substituted for "Provincial" by the Adaptation 
Order of 1950. 11 
i I / 
I i 
Procedure 
in case of 
emergency. 
Servicc of 
notice or 
other docu- 
ment. 
Powers of 
entry md 
nspectioo . 
'.C 
416 Irrigation Tanks [W: T.N. Act V 
(Preservation) 
order set aside or modified on any of the following 
grounds, namely :- 
(a)thatheisnotboundtocarryontanyofthe 
measures by law, local custom or contract; or 
(b) that the portion of the cost for which he 
has been made liable has hem wrongly calculated: 
Provided that no such person shall be entitled to 
institute a suit on the ground specified in clause (a), 
unless he has raised such ground in the proceedings 
referred to in section 6 or section 7, having had a 
reasonable opportunity to do so. 
12. Whenever it appears to the Collector that any 
tank is in such a state of disrepair as to be in imminent 
danger of breaching, he may by summary order cause 
to be carried out the measures of repair which in his 
opinion are necessary to prevent the tank from 
breaching and shall without delay inform every land- 
holder and other person concerned of the action which 
he is taking. The provisions of this Act shall there- 
upon apply as though such repairs had been ordered 
to be executed by the '[State Government] under 
section 8. 
13. Every notice, order or other document required 
by this Act to be served on, or sent to, any person, 
shall, if practicable, be served personally on such 
person or, if he cannot be found, the notice, order or 
document may be left at his usual or last known place 
of abode with an adult member of his family or an 
adult servant or agent, or may be sent by registered 
post, or may be affixed to some conspicuous part of 
his usual or last known place of abode and shall 
thereupon be deemed to have been duly served or sent. 
14. The Collector or any officer appointed by him 
in that behalf may, for the purposes of this Act, at any 
time, enler upon any land and inspect or cause to be 
inspected iiny tank situated therein. .--- 
'The words ''Provincial Govornmcntw were substituted for the words 
"ht Government" b the Adaptation Order of 1937 and the word 
'*State'* was subotitutedlfor "Provincial" by the Adaptation Order 
of 1950. 

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