The Tamil Nadu Irrigation Works (Construction of Field Bothies) Act, 1959

 
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The Tamil Nadu Agricultural Produce Markets Act, 1959 
 
Act 23 of 1959 
 
 
 
 
 
 
 
 
Keyword(s): 
Agriculture Produce, Agriculture, Co-operative Marketing Society, Market, 
Market Committee Notified Market Area 
 
Amendments appended: 33 of 1978, 18 of 1970, 24 of 1980, 5 of 1981, 53 of 
1981, 4 of 1983, 13 of 1985, 14 of 1985, 37 of 1985, 18 of 1986, 49 of 1986, 66 of 
1986, 11 of 1987, 46 of 1987, 8 of 1989, 13 of 1991
1959: T. N. Act 251 lirigation Works (ComLruction 389 
of Field Bothies) 
1LTAMIL NAIXJJ ACT No. 25 OF 19593. 
THE l[TAMIL NADU] IRRIGATION WORKS 
(CONSTRUCTION OF FIf3LD BOTHIES) ACT, 1959. 
[Recreived the assent of the Governor on the 19th February 
1960, Jivst pzrblished in the Fort St. George Gazett: 
on the 2nd March 1960 (Phalgunn 12, 1881)].! 
h11 Act to pr dvide for the cortstruction or digging of 
r~othies by the Government and by owners of lands 
fhntitled to irrigation under certain irrigation works 
i? the 3 [State of Tamil Nadu]. 
N~IEREAS it is expedient to provide for the construction 
or digging of field bothies by the Government and by 
owners of lands entitled to irrigation under certain irri- 
eation works in the 3[State of Tamil Nadu] ; b 
BE it enacted in the Tenth Yc Lr of the Republic of India 
as follows :- 
1 . (I) This Act may be called the l[Tamil ~ad~] Short title, 
[rri;a< ion Works (Construction of Field Rothies) Act, and 
I i1r0 cornme ncc- 12.'/. 
ment. 
f These words wcrc substituted for the word "Madras" by tte 
Tamil ~adu Adaptation of Laws Order, 1969, as amended by the 
Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969. 
a For Statement of Objects and Reasons, see Fort St. George 
Gazette Extraordinary, dated the 28th August 1959, Part IV-A, 
ps3c 289, 
So much of this Act as was in force on the date of the commcncc- 
Juerlt of the Tamil Nadu (Added Territories) Extension of Laws 
Act, 1964 (Tamil Nadu Act 8 of 1964) in the State of Bgadras was 
extended to the added territcries b;l ;cz!nr: 3 of, and the First Schedule 
to, the latter Act. 
This expression was substituted for the expression "State of hladras" by the Tamil Naru Adaptation of Laws Order, 1969, as 
amended by the Tamil Nadu Adagtatioo of Laws (Second Amend- 
mcr-it) Order, 19G9. 
t 
390 irrigation Works. (Consf~uclion of' I1959 .: kN. Act 25 
Pie ld Bo thies) 
(2) It extends to the whole of the l[State of Tamil 
Nadul. 
1 
(1 j It shall come into force on such date as the 
Goverl mcnt may', by na tificalion, appoint. 
* ! 
Definitions. 2. 1 n this Act, unless the context otherwise requires,- 
(a) 'zyacut' .in relation to an irrigation work means 
the lands which have been registered as lands entitled 
to iriigatl.fil under that ii.~-igzti~n work by afiy aauioii~y 
or officer authorized by the Government ; 
(b) 'Collector" means L? Re~~exlue Divisional Officer 
and inclgdes any person appointed by the Government to 
excrcise any of the fu.rrctions of a Collector under this 
fact ; 
(c) 'fit21d bo t hies' ineanr s~nnll cllaniiels which run 
from otrtlcts in the Gcjvernme1;t cllanilzels and wllich 
convey rin3.. distribute w;tcr to i~diviclual fields ; 
(il) '6ovcmrn:at' ~n:tii~s ,he St.i:te Government ; 
(c) 'ii!.i.ig;!tion wolk' 11--e;.nc; cn:, of the projects 
. cL~l.ini-: ipccified in tlie SchCiiuiz tllis Act :!nd any 
othcr proj-cl 2r cmal which I~Y bc declared by the 
Govc.rf~me:lt by n~ ti? - -.'il -. fo be .-rl irrigation work ; 
(f) 'owner' means-- 
(i) any person holding land in severally or jointly 
or ill c01i:1110n under n I-yotwari settle~~lent or in any way 
subject to the payment of revenue direct to the Govern- 
ment, or 
(ii) n landholdc: as defined in the "Tarnil Nxlu] 
Estates Lca:! Act, 19Q3 ("[Tr?mil Nzdu] Act 1 of 19C8) 
or c.* rycf .?s defined iri tl1.1r Act, or 
This ex;?ression was substituted for the expression "State of 
?dadrasW by the Tamil Nadu Adaptation of Laws Order, 1969, as 
amnded ky the Tamil Nadu Adaptation of Laws (Second Amend- 
ment) Ordci, 1969. 
2 Tl~esr: words were suvstituted for the word "Madras" by the 
Tamil Nc du Adaptation of Laws Order, 1969, as amended by the 
'Fiamil Nadu Adaptation of Laws (Second Amendment) Order, 
1963. 
f 
1959 1 T.N. Act 251 liiigntio n Works (Co?~strilcrioi: 391 
of' Field Bothies) 
(iii) an inamdar not beiug a landholder defined 
:is aforesaid, 
t 31:d inclutles h:? p~rso~l lor the tin.3 being seceiviilg or 
,:tiii~!t*,l ~*!>%.-Lii , \vi~(.-ii~cr on his OWJI account 01 as 
.~::cr 11, I.I,I~<.:L !:, i;!: \i.(li;~il, JI~:.LII;L~~S or receiver, for rtncrthef: 
~);I-:;OII, tilt; i-c,~~ or 111 oli~ derivable f'ron~ land, or a riwr:- 
 st,":^ wit11 pu:,;:cssi~n ; 
{gg) 'w:~~t.le; co:irse' mans a river, stream, n;rtural 
channel, lakc or caiural collection of water and includes 
any tributary or branch of ally river, stream or channel. 
3. If the Collector is 5atisfied that it is necessary or collector to 
cxpcdi~nt that aizy owner should construct or dig field reqilire 
I~othi!.s ill ilij la;l!t in the ayacut of an irrigation work, owcers by 
he sl~ail by notice require thc owner to construct or dig no!1ce to constri.ct 01 ticld botllics iii iiui lrilld within such tlme inzy be dig 
specified iri i~oticc in such manncr :a:\ ;nay bc bothies, 
psescribcd. 
4. 1 T 212 (1 \,=mcr i io c,?nstruct or dig fieid boihies -pcl,ali (or 
lit, his land &t ; i-eyiiir~~i iil talc notice and in the rn:inlzer fiiilurc to 
prcjcrlb:d rti14.1~~ si:clion 3, Il~e Collector inay, after giving COW~Y tvi~ll notice the owiler n rcaso~~ablc opportunity of being heard, make Under 
an order e:tcluding such land from the ayacut of the irri- ,,,tion 3, 
gation work coiicer:~ed. 
5. (1) Any 1-crson aggrieved by an order of the Cool- Appeal 
lector under sectior~ 4 may, within a pe~iod of thirly days against order 
horn the date on which the ordez was served on him in under 
t!;e manner prescribed, appeal against such order: to the section 4. 
District Collector : 
Provided that tlic District Collectov may admit 
;In appeal prcscntcd aRer the expiration of the said period 
of thirty days, if 11c is satisfied that the appellant had 
sufficient cause li>r not presenting the appeal within the 
said perhd. 
(2) The appeal :;hail be in such form and shah be 
lierified in such manner and shall be accompanied by such 
fee as may be prescribed. 
(3) In disposing of an appeal, the District Collectoa 
may, after giving the appellant a reasonable opportunity 
of being heatd, pass such order on the appeal as he thinks 
fit. The o~der of the District Collector orr such appeal 
shall be final and shall not be called in question in any 
court of law. 
392 Irrigation Works (Construction of [I959 : T.N. Act 25 
Field Bothies) 
Government 6. (1) It shall be lawful for the Government to con- 
construct struct or dig field bothies on any land belonging to them 
Or dig or acquircd by tf em for the purpose, for utilizing the 
bothies* water for the purpose of irrigation, notwithstanding 
that such construction or digging may interfere with 
the right of any person to lake water from any water 
course fog the purpos8 of irrigating his land or far 
any other puspose. 
(2) Where, in pwsuar::e of sub-section (I), any 
field bothy is constructed or dug by the Government, 
the cost of construction or digging of such bothy, or such 
portion of the cost as the Collector may specify, may be 
recovered by the Collector from the owners cf the lands 
and other prbperties beneditr-d by the field bothy in such 
proportions and 111 such manner as may be prescribed. 
Explanation.-- For the purposes of this sub-section, 
the expression 'cost of consti.uction .ar digging of such 
bothy' shall include- 
(i) the cost of the !and acquired fo~ the purpose, 
and 
(ii) the expenditure incurred towards the employ- 
ment of the special staff for the pwrposc. 
(3) Any amount recoverable by the Collector under 
sub-section (2) may be recovered as if it were an atre;lr. 
of land revenue. 
Obstruction 7. (1) No person shall, cxcept in accordance witk or inter- such rules es may be pi. :.cri b~d, do anything whicj1 
ference with obstructs or interferes or is likely to obstruct or interfere water flowin8 in with the flow of water in any field bothy. 
field bothy 
prohibited - 
in certain .- 
cases. 
(2) If any person contravenes the provisions of 
eub-section (I), he shall: be ,punishable with impyisio n- 
ment which may extend. ta six months or with fine w&ieh; 8 a. 
may extend to one thousand rupees or with both. 
8. (1) No suit or other legal proceedings shall lie Bar of suits 
against the Government, at the instance of any person- and Pro-e- dings 
(a) in respect of any act done or purporting 
to be done under this Act, or 
(b) on the ground that any fiela bothy inter- 
feres or is likely to interfere with his rights in any manner. 
(2) No suit, proreout ion or other legal yrocceding 
shi~ll lie against any oficcr or servant of the Government 
for an-rthing which is in good faith done or intended 
to be done in purruance of this Act or any rule made 
thereunder. 
9. (1) Tlic Government I~lay, by notification, make Power to 
u~r'cs to casl-y out the purpc ~es of this Act, makc rules 
(2) 111 particular a11d w;thout prejudice to the gen- 
erality of the foregoing po-~~.r, such rules may provide 
for any n~attrr requiLed Gc acd by this Act to be 
prescribed. 
(3) All rules made and i 1 l notificaiions issued undcr 
this Act sl.ta21, as soon as possible after they are made, 
be placed on the table of btjth the Ho~.~ses of the Lqgs- 
lature and shall be su1,ject to such: modifications by way 
of aincndment or repelal as the Legislature .may make 
either in the same session cur in the next session. 
[Szc section 2 (e).] 
(1) Arnaravatl~i Project. 
(2) Kattalai High Level Caljal. 
(3) Krishnagiri Project. 
(4) Lower Bhavani Project. 
(5) Nanimuthar Project. 
(6) Mettur Canal, 
(7) Pullambadi Canal. 
(8) Sathanur Project. 
(9) Vaigai Project. 
610) Vidur Project, 
ell) Cauvc~yMettlrr Pro!< g l, 

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