LexThe Telangana Railways, Government Irrigation Sources and other Public Buildings Protection Act, 1321 Fasli.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA RAILWAYS, GOVERNMENT IRRIGATION
SOURCES AND OTHER PUBLIC BUILDINGS PROTECTION
ACT, 1321 F.
(ACT NO. I OF 1321 F.)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, commencement and extent.
2. Definitions.
3. Collector and Superintending Engineer may
inspect irrigation sources.
4. When Collector considers necessary to have any
work executed to protect any railway, Government
irrigation sources or public building, he shall cause
plan and estimate of proposed work to be
prepared.
5. Collector to send plan and estimate to landholder
concerned with order to execute work or show
cause why he should not execute it.
6. Collector may cancel or modify order.
7. If order is upheld, Collector to call upon landholder
by notice to execute work.
8. Persons concerned may submit objections to
Collector as to nature of proposed work.
9. If landholder fails to execute work, Collector shall
report the matter to Government who may direct
execution thereof.
10. After execution of work, memorandum for payment
of cost thereof to be served on landholder.
11. Procedure in case of emergency.
2 [Act No. I of 1321 F.]
12. Collector to decide amount to be paid by
landholder.
13. Collector may appoint punch to determine liabililty
of landholder.
14. If landholder fails to pay amount, Collector may
recover it as arrears of land revenue.
15. Compensation to landholder for loss caused by
execution of work.
16. Collector may appoint “Punch” to settle
compensation.
17. If landholder is dissatisfied with compensation
awarded he may have arbitrator appointed.
18. Notice, how to be served.
19. Procedure when Collector is of opinion that portion
of cost should be borne by the local authority or
Government.
20. When Collector considers work in respect of any
irrigation source under control of Government
should be executed for protection of railway,
Government Irrigation sources or public building,
he shall report to Government.
21. Damage not to be claimed for breach of this Act.
22. Government may confer upon Deputy or Assistant
Collector powers of Collector.
THE TELANGANA RAILWAYS, GOVERNMENT IRRIGATION
SOURCES AND OTHER PUBLIC BUILDINGS PROTECTION
ACT, 1321 F.1
ACT No.I OF 1321 F.
1. This Act may be called 2[the Telangana Railways,
Government Irrigation Sources and other Public Buildings
Protection Act, 1321 F.] and it shall come into force in 2[the
Telangana] from the date of its publication in the 3[Official
Gazette].
2. In this Act, unless there is anything repugnant in the
subject or context,-
4[(1) [XXX]]
(2) the word “landholder” includes Makhtadars,
Inamdars, Dastbandars, pattadars and Banjardars;
(3) the word “railway” means a railway used for public
conveyance of passengers or goods and includes:-
(a) all lands situated within the fence or other
boundary marks, which shall be laid under the Indian
Railways Act No. IX of 1890;
1. The Andhra Pradesh (Telangana Area) Railways, Government
Irrigation Sources and other Public Buildings Protection Act, 1321 F. in
force in the combined State, as on 02.06.2014, has been adapted to the
State of Telangana, under section 101 of the Andhra P radesh
Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Telangana
Adaptation of Laws (No.2) Order, 2016, issued in G.O.Ms.No.46, Law (F)
Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
3. Substituted for the word “Jarida” by the Andhra Pradesh Adaptation
of Laws Order, 1957 (A.P.A.O. 1957).
4. Clause (1) was omitted by the Andhra Pradesh Adaptation of Laws
Order, 1957.
Definitions.
Short title,
commencement
and extent.
Landholder.
Railway.
2 [Act No.I of 1321 F.]
(b) railway lines, extra -sidings or br anches worked
over for the purpose of or in connection with a railway;
(c) all stations, offices, warehouses, machinery fixed
in the ground and other buildings constructed for the
purpose of or in connection with a railway;
(4) the words “public buildings ” also include bridges
whether under the supervision of the Government 5[or any
local authority];
(5) the words “irrigation sources ” mean and include,
tanks, ponds, rivers, brook s, embankments, sluices, weirs,
revetments and other sources of like description;
(6) the words “Superintending Engineer ” mean the
District Superintending Engineer incharge of irrigation work.
3. The 6[Collector] or any officer, not below the rank of a
7[Deputy or Assistant Collector], appointed by him for the
work or any Superintend ing Engineer may, at any time,
enter upon the land of any 8[XXX] landholder and inspect or
cause to be inspected any irrigation sources which shall be
so situated on such land that any railway, Government
irrigation sources or other public buildings are liable to be
injured from the overflow or escape of water therefrom.
4. When it appears to the 6[Collector], after consultation
with the Superintending Engineer, that any work should be
executed in respect of any irrigation sources, situate on the
land of any 8[XXX] landholder for the protection of any
railway, Government irrigation sources or other public
5. Substituted by the A.P.A.O. 1957.
6. Substituted for the word “Talukdar” by the A.P.A.O. 1957.
7. Substituted for the word “Suwam Taluqdar ” (Third Taluqdar) by the
A.P.A.O. 1957.
8. The Words “Jagirdar or” were omitted by the A.P.A.O. 1957.
Collector and
Superintending
Engineer may
inspect irrigation
sources.
When Collector
considers
necessary to have
any work
executed to
protect any
railway,
Government
irrigation sources
or public building,
he shall cause
plan and estimate
of proposed work
to be prepared.
Public buildings.
Irrigation sources.
Superintending
Engineer.
[Act No.I of 1321 F.] 3
building, against the overflow or escape of water, which is
not the result of any extraordinary storm, he shall cause to
be prepared plan and estimates thereof, specifying the work
which, having regard to the safety of the railway lines,
Government irrigation sources, other public buildings and
the interest of the 9[XXX] landholder and other persons
concerned, he may think necessary, and he shall also draw
a statement showing with reasons, the proportion in which
in his opinion, the 9[XXX] landholder in possession of or
having control over the said irrigation sources shall
contribute towards the expenses for executing the work. The
statement shall contain the estimated cost of the proposed
work together with the following particulars:-
(1) A descrip tion of the irrigation sources in respect of
which the work is to be executed.
(2) The name of the 9[XXX] la ndholder who, to the
10[Collector’s] knowledge and belief, is in possession of or
has control over such irrigation sources.
(3) The proportion of the estimated expenditure which
is to be borne by the 9[XXX] landholder.
(4) The portion of the estimated expenditure which is to
be borne by 11[the local authority] or the Government. The
10[Collector] shall have the statement translated in the
language spoken in the district and cause copies thereof to
be fixed at a conspicuous place or places in the village or
villages to which the said sources belong.
9. The Words “Jagirdar or” were omitted by the A.P.A.O. 1957.
10. Substituted for the word “Talukdar” by the A.P.A.O. 1957.
11. Substituted by the A.P.A.O. 1957.
4 [Act No.I of 1321 F.]
5. The 12[Collector] shall, upon the preparation of the
plan, estimate and statement referred to in the preceding
section, send copies thereof to the 13[XXX] landholder
mentioned in the statement as being in possession of or
having control over the said irrigation sources and shall also
order in writing requiring the 13[XXX] landholder to execute
within a reasonable time mentioned in the order the work
specified in such plan and estimate or to represent to the
12[Collector] in writing, or personally or through an agent or
attorney and show cause why he should not execute the
same.
6. If the 13[XXX] landholder, after making objection in
writing or throug h an agent or attorney, satisfies the
12[Collector], after such Inquiry as he thinks fit, that the
irrigation source specified in the statement is not wholly or
partly in his possession or control or that the work other
than the work proposed may be carried out for protection of
the Government i rrigation sources or other public building
or that the whole or any part or the cost demanded from him
to carry out the proposed work, should not be charged to
the area, the 12[Collector] shall cancel or modify his order.
7. If the 12[Collector] does not cancel the order, he shall
send a notice to the aforesaid 13[XXX] landholder requiring
him to carry out, within such reasonable time, to be
specified in the notice, as may be sufficient for the
completion of work mentioned in the original or modified
order; a copy of the order to be carried out, shall be
enclosed with the notice.
8. Pending inquiry by the 12[Collector] or within 60 day s
from the date wh en the copy of the notice is aff ixed in the
aforesaid manner, all concerned persons may submit their
12. Substituted for the word “Talukdar” by the A.P.A.O. 1957.
13. The Words “Jagirdar or” were omitted by the A.P.A.O. 1957.
If order is upheld,
Collector to call
upon 13[XXX]
landholder by
notice to execute
work.
Collector to send
plan and estimate
to 13[XXX]
landholder
concerned with
order to execute
work or show
cause why he
should not
execute it.
Collector may
cancel or modify
order.
Persons
concerned may
submit objections
to Collector as to
nature of
proposed work.
[Act No.I of 1321 F.] 5
objections to the 14[Collector] in regard to the nature of the
proposed work.
9. If the work mentioned in the order specified in section 7
is not executed within the fixed period, the 14[Collector] shall
report the matter to the Government in the Finance
Department who may direct that the proposed work be
carried out or may pass any other suitable order.
A copy of the order of the Government shall be caused
to be served on the 15[XXX] landholder and it shall also be
published in the 16[Official Gazette].
10. After the execution of work as required by section 9,
the 14[Collector] shall cause to be served upon the 15[XXX]
landholder a memorandum showing the total cost incurred
in the execution of the work and also the sum which is
required to be paid, in the opinion of the 14[Collector], by the
15[XXX] landholder.
A no tice requiring payment of amount within a period
specified therein shall also be sent along with the
memorandum.
11. (1) If the 14[Collector] has reason to believe that the
immediate execution of any work in respect of any irrigation
sources in the possession or under the control of a 15[XXX]
landholder is necessary for protection agains t injury by
flood, which may not be due to extr aordinary storm, to any
railway, Government irrigation sources or other public
building and that the circumstances of the case do not
permit of action first being taken under sections 4 and 5 of
this Act, the 14[Collector] shall, after recording reasons
therefor, take immediate steps for the execution of such
14. Substituted for the word “Talukdar” by the A.P.A.O. 1957.
15. The Words “Jagirdar or” were omitted by the A.P.A.O. 1957.
16. Substituted for the word “Jarida” by the A.P.A.O. 1957.
If 15[XXX]
landholder fails to
execute work,
Collector shall
report the matter
to Government
who may direct
execution thereof.
After execution of
work,
memorandum for
payment of cost
thereof to be
served on 15[XXX]
landholder.
Procedure in case
of emergency.
6 [Act No.I of 1321 F.]
work. Thereafter, the 17[Collector] shall, without unnecessary
delay, prepare a report showing the grounds on which his
opinion is based together with the material facts of the case.
A copy of the said report shall be caused to be served by
the 17[Collector] upon the 18[XXX] landh older, whom he
believes to be in possession of or to have control over such
irrigation sources and to it shall be appended a
memorandum specifying the nature of the work, the total
cost thereof and the sum which, in the opinion of the
17[Collector] the sai d 18[XXX] landholder should pay. A
notice calling upon him to pay such sum within the period
fixed therein or to appear before the 17[Collector] and show
cause why he should not be made to pay the same, shall
also be appended.
(2) A copy of the said repo rt, when prepared shall be
submitted to 19[the Gover nment] forthwith togeth er with a
copy of the memorandum appended thereto.
12. If the 18[XXX] landholder or their attorney, agent or
secretary, shows cause before the 17[Collector] under
section 11, the 17[Collector] shall after such inquiry as he
may deem fit, decide the amount to be paid by the 18[XXX]
landholder and shall cause a notice to be served upon him
requiring him to pay the amount within the period fixed in
the notice.
13. When the 17[Collector] is holding an inquir y under
section 6 or section 12, he may, on the application of the
18[XXX] landholder appoint a Punch for the purposes of
ascertaining whether the 18[XXX] landholder is liable to
payment and if so, to what extent. The number of such
Punch including the Sar -Punch, who shall be acceptable to
both the parties, shall not exceed five and of the remaining
17. Substituted for the word “Talukdar” by the A.P.A.O. 1957.
18. The Words “Jagirdar or” were omitted by the A.P.A.O. 1957.
19. Amended by Act No.III of 1308 F.
Collector to
decide amount to
be paid by 18[XXX]
landholder.
Collector may
appoint punch to
determine liability
of 18[XXX]
landholder.
[Act No.I of 1321 F.] 7
Punch, half the number shall be nominated by the
20[Collector] and the other half by the 21[XXX] landholder,
and in case of difference over the appointment of Sar -
Punch, the de cision of the 22[Board of Revenue] shall be
final. The 20[Collector] may summon the Punch at such
place and at such time as he thinks fit and may also fix the
period within which they are to submit their opinion.
14. If any 21[XXX] landholder, to whom an order has been
given under sections 10, 11 or 12, neglects or refuses to pay
the sum mentioned therein, in whole or in part, the
20[Collector] may recover the sum from the said 21[XXX]
landholder like arrears of land revenue under the provisions
of the Land Revenue Act.
15. Any 21[XXX] landholder or any other person shall be
entitled to reasonable compensation for any loss or damage
occasioned to him by, or in the course of the execution of
work done, under sections 5, 7, 9 or 11. The amount of
compensation shall be fixed by the 20[Collector] after such
inquiry as he may deem fit.
16. For the purposes of inquiry, the 20[Collector] may, on
the application of the claimant, appoint Punch, not
exceeding five in number including the Sar-Punch, who shall
be acceptable to both the parties, of the remaining Punch
half the number shall be nominated by the 20[Collector] and
half b y the claimant. In case of disagreement as to the
appointment of Sar -Punch, the decision of the 22[Board of
Revenue] shall be final. The 20[Collector] may summon the
Punch at such place and at such time as he thinks fit and
may also fix a period within whi ch they shall submit their
opinion.
20. Substituted for the word “Talukdar” by the A.P.A.O. 1957.
21. The Words “Jagirdar or” were omitted by the A.P.A.O. 1957.
22. Substituted for the word “Subedar” by the A.P.A.O. 1957.
If 21[XXX]
landholder fails to
pay amount
Collector may
recover it as
arrears of land
revenue.
Compensation to
landholder for
loss caused by
execution of work.
Collector may
appoint Punch to
settle
compensation.
8 [Act No.I of 1321 F.]
17. (1) In the event of the 23[Collector] and the 24[XXX]
landholder or other person, being unable to come to an
agreement as to the amount of compensation, the said
24[XXX] landholder or other person may apply that the
amount of compensation be fixed by an arbitrator.
(2) The Government, when it disagrees with the
amount of compensation fixed by the 23[Collector] and every
24[XXX] landholder when he is not satisfied with any order
mentioned in section 10 or section 12, may apply for the
settlement of the matter by an arbitrator.
(3) On an application mentioned in sub -sections (1)
and (2) being made, the matter shall be referred to a Judge
of the High Court 25[or the District Judge] who may be
appointed as an arbitrator by the Government and his
decision shall be final.
18. Every notice issued under the provisions of this Act
shall, as far as possible, be served on the person to whom it
is addressed or if he is not present, shall be left at his usual
or last known place of abode with some adult member of his
family, servant or agent or may be sent by a registered letter
or be affixed upon a conspicuous part of his usual or last
known place of abode. When the notice is so served it shall
be deemed to have been duly presented or served.
19. (1) When the 23[Collector] is of opinion that a portion of
the awarded cost should be borne by 26[the local authority]
or the Government, he shall forward a copy of the report to
the concerned department.
23. Substituted for the word “Talukdar” by the A.P.A.O. 1957.
24. The Words “Jagirdar or” were omitted by the A.P.A.O. 1957.
25. Substituted for “Ya Nazim Sadar Adalt ” (or Divisional Judge) by the
A.P.A.O. 1957.
26. Substituted by the A.P.A.O. 1957.
If 24[XXX]
landholder is
dissatisfied with
compensation
awarded he may
have arbitrator
appointed.
Notice, how to be
served.
Procedure when
Collector is of
opinion that
portion of cost
should be borne
by the local
authority or
Government.
[Act No.I of 1321 F.] 9
(2) Within thirty days of the receipt of the copy of the
report, 27[the local authority] or Government shall intimate to
the 28[Collector] approval or disapproval of the work.
(3) If 27[the local authority] approves the execution of
the work, it shall pay the amount which the 28[Collector] has
determined as payable by it and in case of disapproval, the
matter shall be referred to the Finance Department for order
of the Government and the or der of the Government in this
behalf shall be final.
20. (1) Whenever it shall appear necessary to the
29[Collector] that any work should be executed in respect of
any irrigation sources under the control of the Government
for the protection of any railway, Government irrigation
sources or other public building, he shall at once report the
matter to the Government in the Finance Department and
suitable orders in this behalf shall be issued by the
Government.
30[(2) [XXX]]
21. Nothing herein contained shall entitle 31[Railway
Administration or local authority] to claim damages for
breach of the provisions of this Act.
27. Substituted by the A.P.A.O. 1957.
28. Substituted for the word “Talukdar” by the A.P.A.O. 1957.
29. Substituted for the word “Talukdar” by the A.P.A.O. 1957 and
marginal heading amended by Act No.III of 1308 F.
30. Clause (2) was omitted by the A.P.A.O. 1957.
31. Substituted for the words “Railway Company Municipality or local
board” by the A.P.A.O. 1957.
When Collector
considers work in
respect of any
irrigation source
under control of
[Government]
should be
executed for
protection of
railway,
Government
Irrigation sources
or public building
he shall report to
Government.
Damage not to be
claimed for
breach of this Act.
10 [Act No.I of 1321 F.]
22. The Government may by notif ication, authorise any
32[Deputy or Assistant Collector] to exercise any of the
powers of a 33[Collector] vested in him under this Act.
* * *
32. Substituted for the words “Duwwum or Suwwum Taluqdar ” (Second
and Third Taluqdar) by the A.P.A.O. 1957.
33. Substituted for the word “Talukdar” by the A.P.A.O. 1957.
Government may
confer upon
Deputy or
Assistant
Collector powers
of Collector.