The Tamil Nadu Irrigation Tanks (Improvement) Act,1949

 
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The Tamil Nadu Irrigation Tanks (Improvement) Act,1949 
 
Act 19 of 1949 
 
 
 
 
 
 
 
 
Keyword(s): 
Government, Owner, Tank 
 
rt'r rsuuurb w t.erm.3 
(Improv einen t)' - - -- -- 
r ) 
, j. 
IL NADU] ACT No. XIB OF 19492. ' 
IL NADU] IRRIGATION TANKS (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 ; 1 949. extent and 
commence- 
(2) It extends to the whole of tEe 6[State of lamil ment. 
(3) It shall come into force at once. 
1 T11ese 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~ was 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 
bws Order, 1970. 
a This expression was substituted fpr the expression #'State of 
Madras fi by the Tamil Nadu Adaptatron of Laws Order, 1969, as 
amended by the Tamil Nadu Adaptation of J4ayrs (Second Amend- 
ment) Order, 1969. 
- - - - -- - --- 
"Ilr - 
3% Iirtgatton' ~anh5 t1941) : $. 'k. xi& 
I (Improvement) 
ionse - 2. In this Act, unless there is anything repugnant in the ' 
. subject or context :- 
(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 bde 
und.& this Act ; 
(d) "tank" merns an irrigation tank in the SIState 
of Tamil Nadu]. 1 . 
+Power to 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 [email protected] increasing its capacity or 
: city or efficiency, wherever it m?y bz situnted and whether in a 
efs~i5ncy ryotvvari, 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~~nt msy specify, may b~. recovered by the District 
Collector from tla owners oft he 13 nd s r nd other properties , 
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~ations thc issue of any injcnction to rcstrain thc exercise of any 
'wunc- mers conferred on the Govtrnment by section 3. tions barred P, 
5. (1) Where in consequence of anything done in ' Compen- 
sation. pursuance of section 3, the owoer of any lend or prop:rty 
sustains loss or dm~age, he shall be cn~itlcd to 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 my 
- LI 
1 This word was substirutid for the word " Pro~tncial" by the 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. 
1949:T.NnActXIX] IrrigutionTanks $i 
(Impro vemen r) 
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 my bepr~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-1 ap~lication in 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 Collector 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~ted by 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 amppeal against 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~r appealed against was served 
on the Governmmt or the person concerned as the case may 
be or su~h fur t her time as the oour t rm y think fit to allow. 
? J 
ztion Tanks [I949 : T.N. Act ,g ax 
.I- 
ll rriprovernent) -? $ 
Po* to 'I <:) The Government may, b, 
mar-- *port "4 
- I* 
rules. nl t r nnc, 
y notification in the 
Q -" * QeQrge VtZZette, make rnles lo carry out the 
,wA,vUes of this Act. 
I r~wslon of the acts or proceed- > 7 
UUI BU~~ UAUG~;I- or authority t 
rb 
MI pasncular and without prejudice to. the gene 
rality of the foregoing power, such rules may provide for- 
(a) the entry on, and inspection of, any irrigation 
tad or any land adjacent thereto or in the neighburhood 
thereof 1 
(6) the delegation oft he powcrs oft he Government 
under section 3 to any officer or authority subordinate to . . them, and the control ani 
- 
inac ~f anrr LI.*AL -=-A- - 
- 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 
. . 
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