The Tamil Nadu Irrigation (Voluntary Cess) Act, 1942

 
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The Tamil Nadu Irrigation (Voluntary Cess) Act, 1942 
 
Act 13 of 1942 
 
 
 
 
 
 
 
 
Keyword(s): 
Drainage Work, Estate, Irrigation Work 
 
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1942 : T.N. Act XU Irrigation (Votzmrary Cess) 853 - 
'[TAMIL NADU] ACT No, XIfI OF 1942%. 
i 
~I'HE '(TAMIL NADU) IRRIGATION (VOLUNTARY CESS) 
ACT, 1942.1 
I 
(Received rhe assent of the Governor on the 8th Ju~ze 
1942 ; fist publislred in the Fort St. George 
Gnzerte on the 23rd June 1942.) 
An Act to provide for the levy of a voluntary 
cess for the mai~ltenance of certain irriga- 
tion and drainage works serving ryotwari 
tracts in the 3[State 6f Tamil Nadu]. 
WEIEREAS it is expedient to provide for thc levy of a- 
cess for thi: mai~~tetlatlce of certain irrigation and 
drainage works serving ryotwnri tracts iil the :'[State of' 
Tamil Nridii), where tllc registered holders of not less 
than two-thirds of the lands served by such works so 
clcsir2; 4rI t is hereby cnacled ns follo\vs : - -1 
1. (1) 'Chis Act may hc c:llled the '[Tainil Nadul short title, 
Irrig;ltion (Voluntary Cess) Act, 1942. extent and 
commence- 
- - --- - ment. 
1 Tl~csc \\otds \hci.e b~~b~tit~ttd fi%r the word "M.tdras" by the 
T~l'clrrril N~;tt ,d:~pta~iol, of Laws Vrdcr, 1969, ns n~nended by the 
T;iniil Natlu Ad;lptation of Laws (SCCO~~~ A~iictidn~~~t) Order, 1969. 
2 bar statenrent of Objects ant1 Reasons, scc Fort St. George 
Ga=errc., d~tcd Il~e 9111 Dc~clltber I!)dl--P.trt I V-A, p.lges 187-189. 
This Act WCI~ cktended to tlic I~IL'I.SL'~ Stdte of l'udukkottai by 
3 or, and the First Schedu\o lo, the Ta~nil N:& Merged 
states (Laws) Act, 1919 (T,lnlil N,~tiu Act XSXV of 1949). 
This Act was ektelldcd lo tlie Knl~y~ikuiu~~~i dktrict and the 
I 
Shancottah taluk of the l'~runelvel~ di+trlct by section 28 of the Tamil 
~.~du ('I'r,lns<erred ?'c~*I ilory) 1;) <)ti\ .II I Sct~ 11 men t Act, 1964 
(lniu~l Nuclu Act 30 of 1962) rol~o,llln~ Ihc cotlc.\ponditlg law in 
force 1'1 that tc,rritot y. 
3 This euprc\\io~~ was subslitutcd fo~ 111c c\p~cssioll "Province of 
Madras" by t11c 'l',lnli! N:~tlu Rd.tptotion ofL:lw? Order, 1970, which 
was dcemcd to I~avc comc inlo forbe on the I-ltl~ J,tnuary 1969. 
r 4 These words were substituted for the pi~ragraph containing the I 
enacting formula and the paragraph preceding that paragraph by I 
section 5 of the Tamil Nadtl Re-on3Cting (No. I[) Act, 1948 (Tamil 
Nndu Act VIll oF 1948). 
I" 
I 
> 
i~ 
854 Irrigation (%'oi~intary Cess) 111942: T.N. Act Xfff 
(2) It extends to the whole of the '[State of Tamil 
Nadu]. 
I (3) This section shall come into force at once, 
and the rest of this Act shall come intc force on such 
zdate as the 3[State] Government may, ay notification 
in the Fort St, George Gazette, appoint. 
Definitions. 2. In this Act, unless there is anything repuguant 
in the subject or context-- 
I (1) 'drnin~ge work' includes-. - 
((1) channels, cit11er natural or artificial, for 
the discharge of ~~~astz or surplus \\.ate . and all works 
conncctcd \\?it11 or auxili:lt-y to such charnels, and 
(b) escape cllanrrels from an i~rigation \vork, 
dams, ufi.iss, einbankmrnts, sluices, ,goins and all 
works fc~ the protecticn of bnds fsc>n:. flood or from 
erc~sion, 
\\*hic.l~ are owned P!. cont~.~>llcd by the "State] 
Govsrn~i~cnt . or \vhicll arc maintiii~~cd ~y them other- 
than by :in assignmct~t of land or la ild reve~lur, or 
which, ha\ i~!g been constructed h) the 3ot1crnrr~ct~t or 
bcing n~aint;\iaed by an ;issiga~nc~~t oi' land 01- land 
TC~UIILIC: ~n:iri,' by tl1~1u. I~:t\/c not L~CCI. made o\er to 
;lily p<?S:+) 1'. 
(2) '~statc' shall IY.\VC tllc sank: nl,ani.ng :IS in thc 
JETarnil N;icl~~] Estates Land Act, 190s; r[Tarnil 
Naduj 
. . -. - ,. - . . - . -. . . -- . -. - - - . - -- - - -- - - -. - . . - . -. - .. - -. -- -- - -. -. - -- - Act 1 of 
1 This eq>r.cs\iorl was substitt~tcd for tile suj~ression "State of 1908. 
~1sdra.i'' by tho I'arnil Natlt~ .-\di:ptation of L:IV s y%er, 1969, ;IS 
icmendcd by the 'Tatt~il N;I~II :\d;~ptation of 1.i1w.; ( ewnd Anmil. 
rilent) Ortlc~~, 1'169. 
2 Canlcinto forceon the 16tt1 Miry 19-14. 
3 This wur~i was substituted for the word "Provincial" by the 
Adaptation OI~CI. of 1950. 
4 
4 Tlwse words wcre substituted for the word "Madras" by tho Tamil Nadu Atl~ptationofLaws Order, 1969, asurended by the'fa~nil 
Nadu Adaptiuion of Laws (Swond A~i~endment) Older, 1969. I 
(3) 'irrigation work' includes- i 1 
(a) all canals, channels, tanks, wells and '1 
I reservoirs used for the supply or storage of water and 
all qorks, embankments .and structures (other than 
escape channels) connected therewith, 0 I1 
which are owned or controlled by thi l[State] 
Governrnent, or which are maintained by them other- 
wise than by an assigllment of land or land revenue, 
or which, having been constructed by the Government 
or being maintained by an assignment of land or land 
revenue made by them, have not been made over to 
any person ; 
(b) all such lakes and other natural collections . 
of water or parts thereof as are not situate in an estate 
or estates or on lands held by registered holders ; 
(c) all lands used for the purposes of the irri- 
gation works referred to in sub-clauses (a)and(b) and 
all buildings, machinery, fences, gates and other 
erections occupied by, or belonging to, the l[State] 
Government on such lands ; and 
((0 all such rivers and natural streams or parts 
thereof as are not situate in an estate or estates or 011 
1;lnds held by registtred holders, and all rivers in so filr 
as they are navigable ; 
(4) 'registered holder' means any person in whose 
name land not included in an estate is for the time being 
registered in the revenue accounts of Government. 
3. Wllenever the registered holders of not less than Lery of 
two-thirds of the lands served by any irrigation or cess 
drainage work so desire, the l[State] Government lnay under the I 
levy an annual cess from all the registered holders of 
I 
lands served by such work, at such rate per acre as the 
'[State] Government may from time to time determine, I 
but not exceeding the maximum rate agreed to by the I 
registered holders of not less than two-thirds of the 
lands served by such work : 
1 This word was substituted for tho word "ProvinciaP9 by the 
Adaptation Order of 1950. 
4 I 
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4.  he uss shall be determined and administered 
bg in such manner as may be prescribed by rules made 
under this Act. 
8. Notllillg in this Act s11al.l atfect the rights and 
obligations of the registered holders of lands served 
hy any work to which the "Tamil Nadu] Compulsory 
9. No Civil Court sllall have authority to take into 
collsiderat,inn or decide any question as to the validity 
or rate of arty cess levied under this Act. - __C_ 
1 This word was substituted for the word "Provincial" by the 
Adaptation Order of 1950. 
10. (1) The l[State] Government may make rules to Po* ta 
carry out all or any of the purposes of this Act and not makerules 
inconsistent therewith. 
(2) In particular and \tlithout prejudice to the 
generality of the foregoing power, they may make rules 
as to-- 
(n) the manner in which, and the authority or 
authorities through whom, applications from registered 
holders under section 3 or section 6 shall be submitted 
to the I[State] Government ; 
(h) the method of ascert:~ini~~g the desire of the 
registered holders of any land ~vhere there are two or 
more registered holders of such land, for all or any of 
the purposes specified in' this Act or in the rules made 
thereutider ; 
b (c) the determination and the administration 
of any cess levied ~inder this Act. 
(3) All r~11cs m:tde under. this section shall be. 
published in the Fort St. Gcorge Gnrctfc, and upon such 
publication, shxll have etfl'ct as if enactcd in this Acl. 
i This word was substitutccl for iI~c \jlord "Provinci:~lW by ; Adaptation Ordcr of 1960. 

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