LexThe Bhavani Reservoir Irrigation Cess Act, 1933
Tamil Nadu · state statute
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The Bhavani Reservoir Irrigation Cess Act, 1933
Act 16 of 1933
Keyword(s):
Levy, Water Cess, Irrigable Land, Bhavani Reservoir
- -" a.
C
1933; T.N. Act XVIJ Bhavanl Reservoir 351
Irrigation Cess.
THE BHAVANI RESERVOIR IRRIGATION CESS
ACT, 1933.
TABLE OF CONTENTS. ,
I
I
SECTIONS.
1. Short title, exient and commencement.
2. Levy of water-cess on lands allowed to be
irrigated from the Bhavani Reservoir.
3. Permits.
4. Suctions I-A and 2 of the Tamil Nadu Irri-
gation Ccss Act, 1865, to apply.
5. Exclusion of jurisdiction of' civil courts.
6. Rules.
7. Saving as to water-cess leviable under the
Tamil Nadu Irrigation Cess Act, 1865.
,
, \
'[TAMIL NADU] ACT No. XVI OF 1933.1.
(RB BHAVN RBSSLVOIR IRRIOAT~N C&Ss A& 1933.)
(Received the assent of the Governor on the 25th April
1933, and that 0.f the Governor-General on the
15th May 1933; the assent of the Governor-General
was Jirst published in the Fort St. George Gazette
on the 23rd May 1933.)
An Act to provide for the levy of water-cess on lands
itrigable from the Bhavani Reservoir.
WHERJ~AS the Government propose to construct a
reservoir on the Bhavani river near its junction
with the Moyar river in order to provide water to
supplement rainfall for the irrigation of 8[ 1
crops;
AND WHEREAS it is necessary in order to safeguard
the Government revenue that the payment of
water-cess in respect of all lands the irrigation
of which from tbe reservoir is permitted should be
made obligatory whether the water is taken or
no8 ;
AND WHEREAS the previoi~s sanction of the Governor-
General has been obtained to the passing of this
Act; It is hereby enacted as follows :-
hart title,
rtont and I. (1)-This &ct may be called the Bhavani Reservoir
,,,,,. Irrigation &s Act. 1933.
nent. v
Thsse words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the
Tamil Nadu Adaptnt~un of Laws (Second Amendment) Order,
1969.
--
1933 ST. N. Act ?$VII Bhavani Re.veervoir
1 *,
Irrigation Cess
(2) It extends to all lands the irrigation of which
from the Bhavani Reservoir fiereinafter called the
reservoir) is allowed by or under the orden of the
'[State Government] but does not extend to any land
which on the date this Act comes into force is entitled
to irrigation with water of the Bhavani river, or any
other source belonging to or constructed =[by. or on
behalf of, the '(Government)].
(3) It shall come into force on such* date as the
'[State Government] may fiy notification in the
'[Official Gazette] appoint.
2. Notwithstanding anything contained in the $;r::eI.
sflamil 'ITamil Nadu] Irrigation Cess Act, 1865, it shall be laa- on lands
Nahl fu1 for the1 [State Government] to levy every fasli water- allowed to be
cess on all lands the irrigation of which from the ~~~f&t:~~;'~
reservoir is allowed by or under the orders of the
' [State Government], whether such lands are actualTy
irrigated wit11 water from the reservoir or not; and the
[State Government] may by rule prescribe the
conditions under which and the rates at which such
\v;~ter-cess shall be levied;
Provided that the water-cess shall not b,: :;vied
under this Act on any land urlless a permit has been
-- ----- ---- --
1 TJle words ''Pro\ incia1 Governmen 1" were substituted for the
words *'Local Government" by the Adaptation O$cr of 1937 and ,
the word "State" \\,as uubstituted for c'Provincial by the Adapta-
tio n Ordcr of 1950.
* nlesc words wcre substituted for the words "by the Loaal
co\ernment" by the Adaptation Order of 1937.
8 This word was substituted for the word "Crown" by the
Ad.~pt~tion Ordcr of 1950.
These words were substituted for the words '?E'ort St. George
ao:ette" by the Ad:~ptotion Order of 1937.
A Thcsc words wcre subsl~tutcd for the word "Mitdr'ls ' by the
Tamil Nadu Adopt:~tion of Laws Order, 1969, as amended by tho
Tamil Nadu Adaptation of Laws (Second A~nendment) Order,
*Canlc into force on the 23rd M'IY 1933.
I
I _--
+'.
354 Bhavmi Reservoir P~33 ::T.N. ~ct XVF
lrriga f ion Cess
iscued in respect thereof under section 3 and unless
such permit is in folce:
Provided further that the rate of water-cess charged
under this Act '[shall not exceed twenty rupees $r
acre in the case of cotton, fifteen rupees pel acre .in the
case of paddy, seven rupees and eight annas per acre
in the case of millets, and such rate as may, from time
to time, be notified by the '[State Government] in the
case of any other crop permitted under section 33.
I b ,it$. 3. (1) Permit shall be issued in respect of all lands
the irrigation of which frcm the reservoir is allowed
by or under the orders of the 'CState Government].
(2) Every such permit shall be issued by such
anthority and shall be in such form as the '[State
Government] may by rule prescribe and shall specify
the conditions under which the land in respect of
which it is issued may be irrigated, '[and such
conditions may relate to the period in every fasli
during which the land may be irrig3ted, the crop or
crops which may be grown on the land, and the source
through which water may be t.tken for irrigation]:
Provided that where the "State Government]
by notifit-?tior: in the distr~ct gazette so direct a permit
sh:~ll not bc issued under this sub-section in respect
of any land :iftcr the date specified in auch notification
in that behalf cxcept on pilymcnt of sucll fee and on
si~cfi other terms i~l~d by such authority as the '[State
Govornn~ent] may by rule prescribe. - -- - - - - -- - - -- - - - - - - - ---- I_.
1 These word4 wcrc sub,t~tc~lcd foi tho wor 11.; "shaft in no
C,I\L' exceed nlnc rtlpces per acre ". by scctlon 3 or the Bhavani
]tr.\~r tow Irr1p.1 ti011 Ccns (A~IL'I~~IIIL'~~ 1) Act, 1952 (Madras Act
V vl' 1952).
* 'The words "Pnrvincial Governntent" wcrc substituted for the
words "Local Govcrnnient" by the Ad,~ptation Order of 1937
I
.III~~ tile word "Stntc" was subst~lutcd for "Provincial" by the
Adaptrit~on Order ol' 1950.
8 These words wcre substituted For the words "and in
particular the period in every fasli during whioh such land may
be irr~goted and thc \ottrce through wh~h Hater msy be taken
for s11oh irr1g3tioci", by section 4 of the B,~avmi Reservoir
Irrigation Cess (Ailtclldment) Act, 1952 ( Madras Act V of
1952).
-
. .. .y.
1933: T.N. Act XVI I
- Reservoir Irrigation CM~
(3) Every permit issued under sub-section (2)
shall be served on, or tendered to, the registered holder
of the land in respect of which it is issued, in such
manner as the '[State Government] may by rule
presmibe.
(4) The registered holder may, within three
months from the date on which the permit is so served
on, or tendered to, him, apply to the Collector of the
district for the cancellatign or modification of the
permit on the ground that it is not advantageous to
irrigate such land or any specified portion thereof
either on account of the rate of weter-cess prescribed
by the '[State Government] or for ally other reason
such as the unsuitability of the water for the soil or
for the crop usually grown on the land. Against the
order of the Collector on such application, the registered
holder may, within three months from the date of the
order, appeal to the Board of Revenue uhicli may
pass such order on the appeal as it thinks fit. The
registered holder shall not be entit1i.d to cal! such
permit in questio~l ekcept in the mt,nner plo1idt.d in
tbis sub-sectioq.
('.I Any llerniit issue . urlder tbis 4ct, may, by
ijrder, Fe cancelled or modified at arly time 2y :,:lch
authority as the '[State Government] may by rule
. prescribe.
(6) Every permit issued under this Act with
such nlodifications, if any, as may be made therein
under sub-section (4) or sub-section (5) shall-
(a) remain in force until it is cancelled under
either of the said sub-sections ; and
(b). be binding on the registered holder as well
as theownet of the land, for the time being. . , --. --
i I The words "Provincial Oovarnmnntw were substituted for
the words \'Local Oovarnmant" by the Adaptation Order of 1937
and tha word "St&ttd' . was substituted for "Provincial" by tho , Adeptation Order of 1950.
354. : 4 Bhard Reseivoir [1933: T.N. Act XVI
Irrigariop CPEJ 1J/ tyn.~,~ :rJVI
,. ..*I 7'
Ssotibos 1-A 4. The pro&ions of sectrons I-A and 2 of the
, I[Tamil Nadu] Inigaticm Cess Ad, 1865,, shallh apply $Tg
rnmtian to the levy of wattr-cess under this Act ,as if ,it were Act
1
CcSs Act, a ass levied under the '[Tamil Nadu], Irrigation cesg of 19s:
lg6'9 to Act, 3865. apply.
1 ,I ,, I I ,I I
/I !;
Exclusion of 5. No Civil Court shall take cognizance of any
I juridiction suit or prcceeding brought by any person questioning of civil
COUf ts. the rate of water-cess levied under this Act or the
liability of any person to pay such cess or any order
passed under section 3:
,as
Provided that nothing in this section shall prevent
I any person from obtaining in the Civil Court any
relief to which he may be entitled on the ground that he
is not liable to pay any such cess because he is neither
4
#I the registered holder nor the owner of the land in
respect of which the levy has been made or on
the ground that the land in respect of which
the levy has been made is entitled on the date
r on which this Act comes into force to irrigation with
water of the Bhavani river, or any other source belong-
ing to or constructed ' [by, or on behalf of, the
'(Government)].
Rub. 6. The '[State Go~arnment] may, by notification
in the 6[Official Gazcttc] make rules consistent with
this Act to carry into etiect the purposes thereof.
1 These words upere substituted for tHe word "Madras: by
the Tamil Nadu Adaptation of Laws Ordor, 1969, as amended by
the Tamil Nadu Adaptat~nn of Laws (Second Amendment) Order,
1969.
* Theso words were substituted for the words "by the Govern-
ment " by the Adaptation Order of 1937. , 1 I , , , ' & #
* ms word was substituted for the word "Crown" by the
Adaptation Order of 1950.
. &,I&& We kkd;\dd1 1 &&h; a' I me 1tll Su >II,I Cqt ,,I J tr or I tb ;
vorh - oo~atrmm~~~~~tq~the ~dhdt.11~ cJL d? ld7 in* ttM word "State" was substituted for Provmcial by the
&ptsrt@ Q@9~,~8~1959~, ,It ,1,880 ,I8,, r tc,r.,ltt r,l,tt 1,1**.
.
8 Thq ~ods 1cwefe~1 substFbUe~Ul fbr lltherl wonis kt ,,Sf; " ,,vtr lo,, OcmIc*~t~#~'*'by!the~Adaptatlnl Order irP 1P3~,t;'2:;1: ,, , ,,,, ,, ,
, : ,I, . E.?
I %bL .. *ccv4 FI -';?I
__-^. _". i .I. -
Reservoir Immgation Cess
I.-.---._ -
These wor& were substituted for the w6rdy~adrasi9 by tha Tamil Nadu Adaptation of Laws Order, 1969, as amend& by
the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
I