LexThe Tamil Nadu Irrigation Works (Repair, Improvement and Construction) Act, 1943
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The Tamil Nadu Irrigation Works (Repair, Improvement and Construction)
Act, 1943
Act 18 of 1943
Keyword(s):
Repair or Improvement, Private Irrigation Works, New Irrigation Works
-
'%, 4
886 Irrigatior~ Works [W: T.N. Act XVnl
(Repairs, Intprovgment and Construction)
THE TAMIL NADU IRRIGATION WORKS
(REPAIRS* IMPROVEMENT AND CONSTRUC-
TION) ACT, 1943.
TABLE OF CONTENTS. I
1 Short title and extent i
I I
Power to repair, improve and
construct irrigation works
and to supply water from
Government irrigation works.
Recovery of the cost and of fees.
Cost and fees payable on issue
of written notice of demand.
5 Cost and fees recoverable as an
arrear of land revenue.
6 Power of entry and inspection.
7 Delegation of the powers of the
State Government.
8 Ji~risdiction of Courts ousted in
certain cases.
Bar of certain proceedit~gs.
Limitation for certain proceed-
ings.
Power to mitkc rules.
12 Act to override other enact I
ments.
1943: T.N. Act Xvm] Irrigation Works (Repnirs, 887
Improvement und Construction)
'tTA.MIL NADUJ ACT XVIII OF 1943' AS AMEN-
DgD BY '[TAMIL NADUJ ACT No. IV OF 1945.
(~rceived the assent of the Governor on the 29th
~eptember 1943; Jirst published in the Fort St.
George Gazette on the 5th October 1943.)
,411 Act to provide for the repair or improve-
ment of private irrigation works, the
construction of new irrigation works on
private lands and the supply of water
from Governmelit to private irrigation
works, in the '[State of Tamil Nadu].
WHEREAS it is expedient '[ * * I to empower the
'[State Governn~ent] ro repair or impl.ove private
irrigation works, to constnrct new irrigation works
011 pdvate lands, to supply water from Goc er nment
irrigation works to private irrigation works, ;: 1.d to
. .--
I Theso words were substituted for tho word " Madras " by the
Tamil Nadu Adaptation of Laws Ordor, 1969, as amondod by the
TamilNadu Adaptation of Laws (Second Amendmnt)Order, 1969.
2 ForStatcmentof Objectsand Reasons,seeFort St. George Gawrre,
dated the 20th April 1943. Part IV-A, paged 19-20.
This Act was extended to the merg~d State of Pudukkottai by
sactioo 3 of, and the First Schedula to, tho Tamil Nadu Merged States
(Laws) Act, 1949 (Tamil Nadu Act XXXV of 1949).
This Act was extanded to the Kanyakumari district and tho Shm-
cottnh taluk oftheThelvelidistrict by section 28 oftheTamil Nadu
(Trmsfomed Territory) Ryotwari Settlement Act, 1964 (Tamil Nadu
Act 30 of 1964) repealing the correspondinglaw in force in that
territory.
3 This axprdon was substituted for the expression " Province of
Madras " by the Tamil Nadu Adaptation of Laws Order, 1970, which
wasdeemed to havo co~ne into force on the 14th January 1969,
4 Tho words " for the purpose of maintaining and increasing the
production of food in tho present ematwcy in the province of
Madras " were omitted by section 3 of, and the Sccond Schedule to,
theTamil Nadu Racnacting(N0.11) Act, 1948 (Tamil Nadu Act MI1
of 1948).
8 Th(s exprassion was substituted for tbe ox rcssion " Provincial
Ciovcrment '* by thoTamil ~adu ~daptat~on okwi order, 1970.
Short title
and extant.
Powa to
repair,
improve and
COIIS t ruc t
irrigation
works and
to supply
watar from
Government
irrigation
works.
SSS Irrigation Works (Repairs, 11943: T,N. Act XM '
I~nprovement and Construction)
recover the cost of doing. so iu . the cases afonsaid.: .. . %
[It is hereby ens-ted as follows :-] . - - . --
1. (1) This Act may be called the 2pamil Nadul
Irrigation Works (Repairs, Improvement and Con-
struction) Act, 1943.
(2) It extends to the whole of the Sfstate of
Tamii Nadu).
2. If, in the opinion of the 4fState] Government,
it is necessary or expedient so to do 5[ * * I, they
may-
(a) executG or cause to be executed, repairs to
any irrigation work in private ownership which is not
working at maximum efficiency ;
(b) improve or cause to be improved, any
irrigation work in private ownership ;
(c) construct or cause to be constructed, a new *[Tamil
i~.rigatio,n work on '[land situated in an estate asE,":bf
defined in the 'parnil Nadu] Estates Land Act, 19081; 1908.
- -- ------
I These wods wore substituted for the paragraph containing the
enacting forc~lula ;uzd the paragraph preceding that paragraph by
\ection 5 of the Tamil Nadu Re-auactb~g (No. 11) Act, 1948 vamil
Nidu Act Vlll of 1948).
These words were substituted for the word " Madras " by the
Tamil Nadu Adaptation of Laws Order, 1969, as amended by the
TarnilNadu Adaptation of Laws Wnd Amendmoot) MQT, 1969.
* This ovprcssion was substituted for tho e~prcssion " State of
Madras" by ihid.
4 This word was substituted for the word *' Provincial" by the
,\daptation Odef of 1950.
6 Tho words " in oper to maintain or increase the production of
food in the Pmvince ware omitted by section 3 of, and tho Second
schadulo to, the Tamil Nadu Rc-onacting (No. 11) Act, 1948
( ratnil NaJu Act VlIl of 1945).
4 Thwe words,ycro substilutad for the wods "laad not
Crown proparty by section 2 (i) of the Madras Irrigation
(Repain, rmprovoment and Construction) -at Aat,
(Madras Act IV of 1945).
1943:. T.N. ,Act XMUl
improvement artd Construction)
I
(4 provide for the supply of water from any
Government irrigation work to any irrigation work in
private ownership. -
3. (1) The '[Statel Government shall- Recovery of
the cost and
(a) meet in the first instance the cost of the offeos.
measure referred to in '[clause] (a), (b), or (c) of secti~n I
(b) determine the amount of such cost after
the execution of the said measures. I
i
,e[(l-A) In the cases referred to in clauses (a) 1
and (b) of section 2, the 3[State] Government shall be
entitled to recover in a lump-sum the amount deter- ! mined under clause (h) of sub-section (I) from tllc
-- - - - - - -- - - - - -
section 2 (ii) of the Madras Irrigation
and Conscrtrction) Amendment Act,
Impror ement and Cmtruetion)
lwdholder or other person who by any law or custom
is bound to keep the irrigation work in repair. -
(I-B) In the case referred to in clause (c) of
section 2, the '[State] Government shall be entitled
to recover in a lump-sum from the landholder on whose
land the new irrigation work has been constructed-
(i) if the irrigation work is intended to serve
exclusively lands situated in the estate, the cost of
the measuAe as determined under clause (b) of sub-
section (1) ;
(ii) if the irrigation work is intended to serve
partly lands situated in such estate and partly lands
in ryotwari tracts, such proportion of the cost of the
measure as determined under clause (b) of sub-
section (1) as the extent of the lands in the 'estate
served by the irrigation work bears to the total extent
of the lands served by the work :
Provided that the amount recoverable under
this sub-section shall not exceed the value capitalized
at four per cent of the average net additional annual
income estimated by the '[State] Government as
likely to be &rived by the landholder as a result of the
construction of the irrigation work.
(1 -C) (a) On the expiry of five fasli years after
the completion of the irrigation work, the '[State]
Government shall determine the value capitalized at
four per cent of the actual amount of the average net
adaitional annual income derived by the landholder as
a result of the construction of the irrigation work
during the said fasli years.
(b) If the value determined under clause (a)
exceeds the amou~lt recovered from the landholder
under sub-section(1-B), the difference shall be recovered
from him and if such value is less than the amount
recovctred from him, the difference shall be refunded to
hhll.
1 This word was substituted for the word " Provincialw by the
Adaptation of 1950.
4
@ ,,-v , , - . T.*rt*V. . .
? ,\ - .. *$ ,%y ,:?*- \-
,I
.943: T.N. Act XVmj Irrigation Works (Repairs, 84 1
Improvernenl ~nrl Cottsrrtr cation)
(I-D) The irrigation work referred to in clause
(ii) of sub-section (1-B) shall be maintained by the
landholder and the cost of maintenance shall be shared
between the landholder and the '[State] Government
in the proportion in which the cost of the work has
been shared.]
(2) In the cases referred to in clauses (b) and
(c) of section 2, where the 'Cperson liable under sub-
section (1-A) or sub-section (1-B)] to pay the cost of
the measures is the landholder of an estate as defined
in the "Tail Naqu] Estates Land Act, 1908, he shall 3[Tali
be entitled to apply upder clause (ii) of section 30 of ~~~~1,
the said Act for an enhancement of the rent payable 1908.
by the ryots benefited by such measures.
Explanation.-It shall not be open to any ryot
to refuse a supply or an improved supply of water
which may result from the measures aforesaid.
'[(%A) In the case referred to in clause (c) of
section 2, the '[State] Government shall be entitled
to-
(0) fix the area to be irrigated from such work
in the estate and in ryotwari tracts, if any ; and
(b) charge fees for the water supplied from
the irrigation work to the lands bituated in ryotwari
tracts, if any, at such rates as they deem fit and recover
I This word was substituted for the word "Provinci:~l" by the
Adaptation Order of 1!60.
These words, brackets, figures and letters were substituted for
the words, brackets and figure " person liable under sub-section (1) "
by section 3 (iii) of the Madras Inigatior\ Works (Repairs, Improve-
ment and Construction) Amendment Act, 1945 (Madras Act iV of
1945).
"We words were substituted for the word '' Madras " by the
Tamil Nadu Adaptation of Laws Order, 1969, as meodd by the
Tamil Nadu Adaptationof Laws (Second Amendmeat) Order, 1969.
This sub-section was insarted by section 3 (iv) of the Madras Irrigation Works (Ropain, Improvement and Construction) Amend-
ment Act, 1945 (Madras Act IV of 1945).
892 Irrigu~iot~ Works (Repairs, C1943:T.N. Act XVIII
1
Improvement old Construction)
the fee$ from such persons, at such times and on such
terms and conditions as may be specified in accordance
with the rules made under this Act.]
(3) In the '[cases referred to in clauses (cc) and
(d) of section 2,1 the '[State] Government sball be
entitled to charge fees for the water supplied by them
at such rates as they deem fit, and the fees so charged
shall be recovered from such persons, at such times
and on such terms and conditions as may be specified
in accordance with rules made under this Act.
ost and fees 4. (1) Any cost or fee recoverable by the "Statel 'yable On Gover~ment under sectioil3 shall become payable to
them, on ;he person concerned being served with a
)ticc of written notice of demand issued by such Government
atxi in accordance with the terms thereof.
(2) Such cost or fee shall carry interest, from
the date on which it becomes payable, at such rate as
may be notified by the '[State] Government in that
behalf.
st and fees 5, Any cost or. fee which has become payable under
((1) may be recovered as if it were an arrear of'
land revenue fro111 the person by whom it is payable ;
:1 lld
(b) 5h:ill bc n charge on the interest of sual~
person it) lands served by the irrigation ~ork con-
cerned.
6. The Disrricr Collector. or any officer appoin tell
tion. by him in this beltalf may, for the purposes of this
4ct, at all reasonnble times, enter upon and inspect any
land including the irrigation work, if any, 4tuatctl
therein. - --- - - - - - -- --- I____--
1 These words, brackets, letters tnd figure ware substituted for the
words, brackets, letter and figure case referred to in clause (d) of
saction 2 " by sectlon 1 jv) of the Madras Irrigation Works (Rapnirs,
lmpravemtnt and Comtruction) A~l~cnd~nant Act, 1945 (Mndras Act
I V ol 1945).
* This word was substituted for the word " Provincial " by tile
Adaptation Order of 1950.
\
.*
__*---*- -- - ..
&q;y. 1. , av g:"::<&.. , * .'. - ' A. 11; ". .yy*$@F .gl="! -,.-*,: .
b
1943: T.N. Act XViUj hrigatiori Works (Repbiri, 893
lmpro v~prneitt nitd Construction)
7. (1) The '[State] Govenurze~t may, by notifica- Delegation
tion in the Fort St. George Gazette, delegate all Or ;:A:s of , any of their powers under this Act except those con- the State
ferred upon them by this section and section 11, to Governnxnt.
any person or authority subordinate to the '[State]
Government, and may in like manner withdraw any
. powers so delegated.
(2) The exercise of any powers delegated
wider sub-section (1) shall be subject to such restirc-
tions, limitations and conditions, and to control and
revision by such authority or authorities, as ma) be
specified in the notification.
8. Any action taken or thing done under section2, Jwis&ctio,
3 or 4 shall, subject to the provisions of sub-section (2) ofcourts
uf section 7, be linal, and shall not, save as othenvise:z:: ,disc, , provided in any rules made under this Act, be liable
to be called in question in any Court of law ; nor shall
any Court of law issue an injunction in regard to any
action or thing proposed to be taken or done under
section 2, 3 or 4.
9. (1) No suit, !~roscct~tioii or otllcr proeceditig~,,,f
\hall lie against any officer or servant of the '[State] cenqinpro-
Government, for any act done or purporting to be ceedrngs.
donc under this Act, without tlie previous sanction
of tl~e l[StateJ Governn~cnt.
(2) No officer or servant of the '[State] Govern-
ment slzall be liable in respect of any such act in any
civil or criminal proceeding, if the act was done in
good faith in the course of tllc execution of duties or
tllc discharge of fi~nctions imposcd by or under this
Act.
10. No suit shall be instituted against the '[Govern- Limitation , for ccrtarn mcnt], and no stli t, prosocution or other proceeding prooeedings.
shall bc instituted against any officer or servant of
the '[State] Govel.nrnent in respect of :lny :~cj done -- --
1 This word was substituted for the word " Provinc&l by th .
Adaptst ion Order of 1950. -- *,
8 This w~rd was substitilted fot the word "C'tp;in 'i-
-
894 frrigctliull parks (Rep:Pt~r,s, 11943 : T.N. Act XvII
~,trprovmetrt mtd Cuitslrztction)
or ptlrporting to be done under this Act, unless the
suit, prosecution or other proceedi ng is instituted within
six months from the date of thc act complained of.
IDower to 11. (1) The '[State] Government may make rules
''lakcrulcs* to carry out tllc purposes of this Act.
(2.) lo particular and without prejudice to the
gcncrallty of the foregoing power, such rules may
provide--
([I) for any matter required or allowed by this
Act to be regi~lated by rules ;
(li) for thc procedl~rc to bc adopted under
[hi\ Act ;
(c) for dctermini ng and adjusli ng thc rights
and llabilitics of the landl~olders and ryots, where the
irrigation work concerned serves two or more estates
2s defit~ed in thc'[TamiJ Nadu] Eatotes Land Act, 1908; z[Tamil
(,I) any otller matter for which tliere is no~ctIof
provirion or 110 rufficistlt provision in this Act and lgm.
for whicll provision is, in the opinion of the '[State)
Government necessary, for giving effect to the plrrposcs
of this Act.
(3) All rules made under this section shall be
published in the Fort St. Geot.~.e Gnze~tr and upon
si~ch publication shall have egect as if enactcd in this
Act.
hct to over- 12. Tile provisions of this Act and of' any rules,
ride other orders, procccdi ng5, action or other tiling tnadc, takcn
or done tl~crcunder slyall have etrect, ~lotwithsta~~dinp
;trlything itzconsistent therewith contained i 11 any other
c~lactment or law for the time being in force,
-- -- -
1 This word was substituted for the word "Pfo~inclal* by tho Adaptation Order of l96('.
2 These words were subs
Tamil Nadu Adaptatton of
Tdmil Nadu Adaptation of hws