LexThe Telangana Irrigation Act, 1357 Fasli.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA IRRIGATION ACT, 1357 F.
(ACT NO. XXIV OF 1357 F.)
ARRANGEMENT OF SECTIONS
Sections
PART I
PRELIMINARY.
1. Short title, commencement and extent.
2. Repeal of previous orders.
3. Definitions.
4. Appointment of officers.
PART II
THE CONSTRUCTION AND MAINTENANCE OF
IRRIGATION WORKS.
5. Construction, control or maintenance of irrigation works.
6. Notification in case of use of water for irrigation works.
7. Powers of Irrigation officer regarding use of water.
8. Entry for enquiry.
9. Power to inspect and regulate supply of water.
10. Power to enter upon land for repairs and prevention of
accidents.
11. Issue of notice to occupier.
12. Canal crossing.
13-18. Omitted.
PART III
SUPPLY OF WATER.
19. Application for supply of water.
20. Power to stop supply of water.
21. Duration of supply of water.
2 [Act No. XXIV of 1357 F.]
PART IV.
AWARD OF COMPENSATION.
22. Compensation awardable or damage.
23. Compensation of land used in construction of water-
course when not payable.
24. Limitation of claims.
SUMMARY DECISIONS.
25. Compensation in case of damage caused by entry on
land etc.
26. Compensation on account of interruption of supply of
water.
27. Appeal of order passed under section 25 or 26.
28. Notice as to submission of claims for compensation.
29. Compensation when due.
PART V.
WATER-TAX.
30. Determination of rate of Water Tax.
31. Liability when water is un-lawfully used and occasional
tax.
32. Liability when water runs to waste.
33. Taxes recoverable in addition to penalty.
34. Tax for percolation and leakage.
PART VI.
SUPPLYING LABOUR FOR EMERGENCY WORKS OF
CANALS.
35. Procedure for obtaining labour for repair and works of
construction urgently required.
36. Payment of wages.
[Act No. XXIV of 1357 F.] 3
PART VII.
SAFEGUARD OF IRRIGATION WORKS.
37. Limitations in respect of Irrigation works.
38. Interference with canal or channel works.
39. Construction and repair of tanks kuntas and bunds
prohibited.
40. Obligations of owners in respect of works affecting canal
safety.
41. Appeal against order issued under section 40.
42. Mining or quarrying by explosives prohibited.
43. Excavation of well adjoining irrigation work prohibited.
44. Operation of sluices etc., prohibited.
45. Plying of ferry-boat prohibited.
46. Unlawful letting out of water from canal.
47. Patta of beds of tank.
48. Certain matters, within boundaries of tanks or canals
prohibited.
PART VIII.
PENALTIES AND PROCEDURE.
49. Damaging irrigation works.
50. Endangering stability of any irrigation work.
51. Removing obstruction and compensation for loss.
52. Power to remove and take into custody person
obstructing.
53. Punishment or contravention of section 35.
54. Punishment for exercising powers under this Act for
vexation.
55. Appointment of special Magistrate.
56. Remedy against order made by Collector.
4 [Act No. XXIV of 1357 F.]
57. Punishment under other laws not barred.
PART IX.
WATANDAR PATWARIS AND IRRIGATION PATWARIS.
58. Notification regarding appointment of Irrigation Patwaris.
59. Performance of work until Irrigation Patwari assumes
charge.
60. Compensation for watan rights.
61. Appointment of Irrigation Patwaris.
PART X.
MISCELLANEOUS.
62. Power of revision.
63. Power to summon witnesses and to record their
statements.
64. Manner of serving notice.
65. Civil Courts not to have jurisdiction.
66. Omitted.
PART XI.
RULES.
67. Power to make rules.
THE TELANGANA IRRIGATION ACT, 1357 F.1
ACT No.XXIV OF 1357 F.
PART I
PRELIMINARY.
1. This Act may be called 2[the Telangana Irrigation Act,
1357 F.] and it shall come into force in 2[the whole of the
State of Telangana] from the date of its publication in the
Official Gazette.
(2) This Act shall apply to all new irrigation works, their
ayacuts and to all other irrigation works of ayacuts of two
thousand acres or more and their ayacuts:
Provided that notwithstanding the provisions contained
in this Act, the Government may, by notification exclude any
local area or irrigation work or class of irrigation works from
the operation of the whole or an y of the provisions of this
Act, from the date as may be specified by the notification in
the Official Gazette.
2. All Acts, rules and orders, in so far as they are
repetitions of or inconsistant with the provisions of this Act
shall b e deemed to be repealed from the date of
commencement of this Act.
1. The Andhra Pradesh (Telangana Area) Irrigation Act, 1357 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 An dhra Pradesh 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.
Repeal of
previous orders.
Short title,
commencement
and extent.
2 [Act No.XXIV of 1357 F.]
3. In this Act, unless there is anything repugnant in the
subject or context,-
(a) ―irrigation work‖ includes,–
(i) all kuntas, reservoirs, tanks, anicuts, canals, their
distributaries, channels and sluices constructed, maintained
or controlled wholly or partly by or with the consent of the
Government for the supply, conveyance or storage of water;
(ii) all construct ion works, embankments, structu res,
supply and escape channels, connected with the aforesaid
water reservoirs, tanks, anicuts, canals, and their
distributaries, pipes and sluices and all roads constructed
for the purpose of facilitating the construction or
maintenance of the said water reservoirs, tanks, anicuts,
canals, distributaries, and their channels, pipes and sluices;
(iii) all drainage works and flood embankments;
(iv) any part of a river, stream, lake, natural water
reservoir or drainage channel, to which the Government
may apply the provisions of section 6 or the water of which
has been used before the commencement of this Act for the
purposes of any existing irrigation work;
(v) all lands appropriated by the Government for the
purposes of water reservoirs, tanks, anicuts, canals and
their distri butaries, pipes and sl uices and all buildings,
machinary, fences, gates and other errections on such
lands;
3[(vi) all pumping sets which are owned or
constructed or maintained or controlled wholly or partly by
the Government and not handed over to any person.]
3. Added by Act No.23 of 1979.
Definitions.
[Act No.XXIV of 1357 F.] 3
(b) ―new irrigation work ‖ means an irrigation work as
defined in clause (a) and constructed or completed by the
Government after 1st Azur 1314 F. and includes extensions
to irrigation works made after that date;
(c) ―water course‖ means any field channel or pipe not
having capacity in excess of 3 cft. per second which is
supplied with water from an irrigation work, but which is not
maintained at the cost of the Government, and includes all
subsidary works belonging to such field channels but does
not include the sluice or outlet through which water is
supplied to such channel or pipe;
(d) ―drainage work‖ includes:-
(i) natural or artificial channels for the discharge of
waste or surplus water, and all works connect ed with or
auxiliary to such channels;
(ii) escape channels of an irrigation work, dams,
weirs, embankments, sluices and groins;
(iii) any work constructed or improved by the
Government for the purpose of reclamation by means of
improvement of the surrounding drainage; and
(iv) all works for the protection of lands from
inundations or erosion, constructed or maintained by the
Government either wholly or in part;
(e) ―flood embankment ‖ means an embankment
constructed or maintained by the Government in connection
with any system of irrigation or reclamation works for the
protection of lands from inundation or which may be
declared by the Government to be maintained in connection
with any such system, and incl udes all groins, spurs, dams
4 [Act No.XXIV of 1357 F.]
and other protective works done in connection with such
embankments;
(f) ―above a canal ‖ means all the area that cannot be
supplied with water by gravity from the canal;
(g) ―below a canal ‖ means all the area that can be
supplied with water by gravity from the canal;
(h) ―ayacut‖ means all the area irrigable under an
irrigation work;
(i) ―Board of Revenue ‖ means the Board of Revenue
constituted under 4[the Telangana Board of Revenue
Regulation, 1358 F.], or such other person or body of
persons as the Government may empower to exer cise all or
any of the powers of the Board of Revenue under this Act;
(j) ―Collector‖ means an officer appointed or deputed
by the Government or any other person empowered by the
Government to exercise all or any of the powers of a
Collector under this Act;
(k) ―Irrigation officer ‖ means an officer of the Public
Works Department or Reven ue Department appointed or
deputed by the Government to perform such of the
functions of the Irrigation officer as may be prescribed under
this Act;
(l) ―prescribed‖ means prescribed by rules made under
this Act.
4. The Government may declare by notification in the
Official Gazette the officers or persons and the local limits
4. Adapted as Telangana Board of Revenue Regulation , 1358 F. vide
G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
Appointment of
officers.
Regulation LX of
1358 F.
[Act No.XXIV of 1357 F.] 5
within which they shall exercise or perform wholly or partly
the powers and duties which are conferred or imposed on
the Board of Revenue, the C ollector or the Irrigation officer
under this Act.
PART II
THE CONSTRUCTION AND MAINTENANCE OF
IRRIGATION WORKS.
5. No person shall be authorised to construct, control or
maintain wholly or partly an irrigation work, as defined in
clause (a) of section 3, except the Government or with the
sanction of the Government. The sanction shall be given
subject to such conditions as the Government deems fit.
6. Whenever it appears expedient to the Government that
the water of any river, stream or lake flowing in a natural
course, or the still water of any other natural reservoir should
be used by the Government for the purposes of any existi ng
or projected irrigation work, the Government may declare
that such water shall be so used after a day specified in the
notification not being fixed within a period of three months
from the date thereof.
7. At any time after the day specified in the notification,
any Irrigation officer empowered in this behalf may, subject
to the provision of section 11, enter on any land, remove
any obstruction, close any channel and do any other work
necessary for the use of the water for such purpose and
may take with him, or depute or employ, such subordinates
or other persons as he deems fit.
8. Whenever it shall be necessary to make any enquiry or
examination in connection with a projected irrigation work,
or with the maintenance of any existing irrigation work, any
Irrigation officer empowered in this behalf, and any person
Powers of
Irrigation officer
regarding use of
water.
Construction,
control or
maintenance of
irrigation works.
Notification in
case of use of
water for irrigation
works.
Entry for enquiry.
6 [Act No.XXIV of 1357 F.]
acting under the gene ral or special order of such Irrigation
officer may,-
(a) enter upon such land as he may think necessary for
the said purpose;
(b) exercise all powers and do all things in respect of
such land as could be exercised or done if the Government
had issued a notification under the L and Acquisition Act to
the effect that land in that area will be needed for public
benefit;
(c) set up and maintain water gauges and d o all works
necessary for such enquiry and examination.
9. Any Irrigation officer authorised in this behalf and any
person acting under his general or special order may enter
upon any land, building or water -course, for the purpose of
inspecting and regulating the use of water, and measuring
the land, irrigated thereby, or chargeable with a water tax,
and for the proper regulation and maintenance of any
irrigation work from which such water is supplied and also
for doing other necessary work.
10. In case of any accident being apprehended or
happening to an irrigation work, any Irrigation officer
authorised in this behalf, and any person acting under his
general or special order may, subject to the provisions
contained in section 11, enter upon any land adjacent to the
irrigation work and may acquire trees and other materials
and execute all such works as may be necessary for the
purpose of preventing such accident or compensating the
damage done.
11. When an Irrigation officer or any other person acting
under his general or special order in this behalf desires
under the provisions of section 8, 9 or 10, to enter into any
Power to inspect
and regulate
supply of water.
Power to enter
upon land for
repairs and
prevention of
accidents.
Issue of notice to
occupier.
[Act No.XXIV of 1357 F.] 7
building or enclosed court or garden attached to a dwelling
house into which the water does not flow from any irrigation
work and which is not adjacent to a flood embankment, he
shall previously give to the occupier of such building, court
or garden, a written notice of such reasonable period as the
importance of the case may requ ire and shall also give
sufficient time for the Pardanashin lady to vacate the
building, court or garden.
12. Suitable means of crossing canals and channels shall
be provided at such places as the Government may think
necessary for the reasonable convenience of the inhabitants
of the adjacent land; and suitable bridges or culverts and
such other works shall be constructed to remove
obstruction which may arise in the drainage of t he land by
any canal or channel.
5[13-18. [XXX]]
PART III
SUPPLY OF WATER.
19. (1) Every person desiring to receive water for lands,
other than those classed as wet, from an irrigation work
shall submit an application therefor to the Irrigation officer in
the prescribed form.
(2) If the application be for supply of water for purpose
other than those of irrigation, the I rrigation officer may give
permission, subject to the prescribed conditions and
restrictions.
20. The supply of water to any water -course or to any
person entitled there to shall not be stopped except in the
following cases:-
5. Sections 13 to 18 repealed by Act No.12 of 1965.
Canal crossing.
Application for
supply of water.
Power to stop
supply of water.
8 [Act No.XXIV of 1357 F.]
(a) in case and so long as it is necessary to stop
supply for executing any work by the order of the authority;
(b) in case and so long as any wate r-course by which
water is supplied is not maintained in such good condition
as to stop the waste of water;
(c) in case and so long as may be necessary to stop
supply in order to fulfil in rotation the legitimate demands of
other persons entitled thereto;
(d) in case and so long as may be necessary to stop
supply in order to prevent the wastage or misuse of water;
(e) in course of closure of canal of which notice shall
be given in the prescribed manner;
(f) in case and so long as may be necessary to stop the
supply of water for a change in the source thereof by the
Irrigation officer.
21. When canal water is supplied for one or more crops,
the permission to use such water shall remain only until the
maturity of such crop or crops and be deemed to apply only
to such crop or crops.
PART IV.
AWARD OF COMPENSATION.
22. Compensation may be awarded if any damage is
caused by the exercise of, or on account of, the powers
conferred under this Act, provided the damage and its
compensation can be ascertained. But compensation shall
not be awarded for damage caused by the follo wing
reasons:-
(a) deterioration of climate or soil;
Duration of supply
of water.
Compensation
awardable or
damage.
[Act No.XXIV of 1357 F.] 9
(b) stoppage of navigation or the means of floating
timber or of watering cattle;
(c) stoppage or diminution of the supply of water from
any river or stream flowing in a natural channel or in any
lake or natural reservoir of still water by the application of
such water for the purposes of a new irrigation work or
otherwise unless a right in respect of use of such water is
established; or
(d) the flow of water in a channel is closed or stopped
for the following causes:-
(i) any cause beyond the control of the Government;
(ii) repair, alteration or extension to the channels;
(iii) any measure considered necessary by the
Irrigation officer empowered in this behalf for regulating the
flow of water in the channel required fo r the generation of
hydro-electric power or for maintaining the course
established by water required for irrigation.
Any person who suffers loss from stoppage or
diminution of water supply due to any of the causes named
in clause (d) shall be entitled to such reduction in the
prescribed assessment payable by him as may be permitted
by the Government.
23. If a water course is constructed in any survey number
and the owner of such survey number is benefited, by it, no
compensation, notwithstanding any other thing contained in
any law for the time being in force, shall be payable.
24. No claim for compensation under this A ct made after
the expiration of a period of one year from the date when the
alleged damage occured shall be entertained unless the
Compensation of
land used in
construction of
water-course
when not payable.
Limitation of
claims.
10 [Act No.XXIV of 1357 F.]
Collector is satisfied that the claimant had sufficient cause
for not making the claim within such period.
SUMMARY DECISIONS.
25. In every case of entry upon land or building under
section 7, 8, 9 or 10, the Irrigation officer, or the person
making the entry, shall ascertain and record the damage
caused by the entry or in the execution of any work, to any
crop, tree, building or any other property, and within three
months from the date of such entry, the Irrigation officer
shall pay the compensation to the occupier of land or the
owner of the property damaged.
If the compensation awarded is not accepted, the
Irrigation officer shall forthwith send the case to the
Collector so that he may, after making enquiry as to the
amount of compensation, decide it.
26. If damage is caused to any occupier of land by
interruption in the supply of water, or if any cause of action
arises under section 22, the person aggrieved may present
a petition for compensation to the Collector for the damage,
who shall af ter consulting the Irrigation officer award to the
petitioner reasonable compensation for such damage.
27. An appeal from the decision of the Collector under
sections 25 and 26 shall lie to the Board of Revenue within
three months and the decision of the Board of Revenue
shall be final.
28. (1) As soon as possible after the issue of a notification
under section 6, the Collector shall cause a public notice to
be published at proper places, stating that the Government
intends to use the water as aforesaid, and that clai ms for
compensation may be submitted before him.
Compensation in
case of damage
caused by entry
on land etc.
Compensation on
account of
interruption of
supply of water.
Appeal of order
passed under
section 25 or 26.
Notice as to
submission of
claims for
compensation.
[Act No.XXIV of 1357 F.] 11
(2) A copy of sections 22 and 24 shall be annexed to
every such notice.
29. (1) All sums of money held payable for the
compensation assessed shall become due after six months
from the final award.
(2) Simple interest at the rate of six percent per annum
shall be paid on the sum remaining unpaid after the period
except when the amount of compensation could not be paid
by reason of neglect or refusal of the applicant to apply for
or receive the same.
PART V.
WATER-TAX.
30. Tax shall be recovered on water supplied for irrigation
or for any other purpose at such rates as shall from time to
time be prescribed by the Government.
31. If water supplied through a water -course be un-lawfully
used, the person by whose act or neglect such use has
occurred, or if such person cannot be identified, the person
or all the persons on whose land water has flowed and such
land is benefited therefrom, or the person or all the persons
chargeable in respect of the water suppl ied through such
water-course shall be liable, severally or jointly, as the case
may be, for the payment of tax which may be prescribed for
such use under the rules.
32. If water supplied through a water -course is wasted, the
person through whose act or neglect water was wasted, or if
such person after inquiry cannot be traced, the person or all
the persons liable for the tax on water supplied through
such water-course, shall be jointly or severally liable, as the
case may be, for the payment of tax which shall be held
payable in respect of the water in case it is wasted, under
Compensation
when due.
Determination of
rate of Water Tax.
Liability when
water is un-
lawfully used and
occasional tax.
Liability when
water runs to
waste.
12 [Act No.XXIV of 1357 F.]
the rules. The Irrigation officer shall decide all questions
pertaining to this section and section 31.
33. All taxes charged when water is unlawfully used or
wasted shall be recoverable as an arrear of land revenue in
addition to the penalty imposed on account of such use or
waste.
34. If it shall appear to the Irrigation officer that any
cultivated land within two hundred yards of any irrigation
work received, by percolation or leakage from such
irrigation work, any such advantage which would be
received in case of dir ect supply of water or that any
cultivated land, wherever situate, is supplied with water by
surface flow or by a well sunk within fifty ya rds of any
irrigation work from a percolation or leakage in the said
irrigation work, he shall report i t to the Collector. The
Collector shall charge on such land a tax not exceeding that
which would ordinarily have been charged when water is
directly supplied to land similarly cultivated. In assessing
such tax, the Collector shall subject to rules under this Act,
take into consideration the expenditure necessarily incurred
in carrying such water to the land.
Explanation:— For the purposes of this Act, land
charged with tax under this section shall be deemed to be
land irrigated from an irrigation work.
PART VI.
SUPPLYING LABOUR FOR EMERGENCY WORKS OF
CANALS.
35. (1) Whenever it appears to an Irrigation officer that
unless improvement and repair is immediately done to an
irrigation work it will suddenly cause serious loss to the
public or that unless some clearance of a canal or other
irrigation work which is neces sary in order to maintain the
Taxes recoverable
in addition to
penalty.
Tax for
percolation and
leakage.
Procedure for
obtaining labour
for repair and
works of
construction
urgently required.
[Act No.XXIV of 1357 F.] 13
established course of irrigation or drainage is immediately
executed, serious public loss with occur; and that the labour
necessary for the proper execution of such repair, clearance
or other work cannot be obtained in the ord inary manner
within the time necessary for execution of the same so as to
prevent such loss, it shall be lawful for the said officer to
require the Patel or Patels of the village or villages in the
vicinity, to call upon all or any of able bodied male pers ons
who reside or occupy any land in or near the place where
such work, repair or clearance has to be executed, to assist
in the execution of same by their own labour, in accordance
with the direction of the said officer or the person authorised
in writing by him in this behalf.
(2) A person authorised under sub -section (1) shall be
deemed to be a Government servant within the meaning of
the Indian Penal Code, 1860.
(3) Any order made under this section shall be
immediately reported to the Collector.
36. All persons required under section 35 and have
laboured by day or have been detained for this purpose
shall as soon as possible and in any case within fifteen days
from such requisition, be paid by the Irrigation officer for
their labour and detention at twenty five to fifty percent in
excess of the rate of wages for the tim e being prevailing in
the locali ty. If the persons are required to work or be
detained at night, wages shall be paid at twice the said rate.
PART VII.
SAFEGUARD OF IRRIGATION WORKS.
37. Except in the prescribed manne r, no person other than
the Irrigation officer shall be authorised without the written
order of the Government to,-
Payment of
wages.
Limitations in
respect of
Irrigation works.
Central Act 45 of 1860.
14 [Act No.XXIV of 1357 F.]
(a) divert or interfere with the course of a natural
stream, or
(b) construct a kunta or tank on any natural stream, or
(c) construct any earthen or masonry bund or weir on
channel or stream , flowing above or below any water -
course.
38. No person shall interfere with or obstruct the proper
functioning of the various cross drainage works of Irrigation
works, namely culverts, water -courses, super-passages,
syphons, weirs and allied works constructed for the safety of
the canal or channels, without the express written
permission of the Irrigation officer.
39. Save in the prescribed manner, no tank or kunta or
bund shall be constructed on a cross -drainage specified in
section 38, nor shall any breached tank, kunta or bund be
repaired, nor shall any existing tank, kunta or bund be
extended or raised without the order in writ ing of the
Government.
40. (1) It shall be incumbent on every owner whose tanks,
kuntas or bunds are situated above an irrigation work to
maintain the bunds and water rejecting arrangeme nts of
such irrigation sources in a safe and good condition.
(2) If, in the opinion of the Irrigation officer, such
irrigation sources are not safe or in a good condition and
are likely to endanger the irrigation work, then the owner
concerned shall be g iven a notice through, the Collector to
bring such irrigation sources to a fit condition as directed by
the Irrigation officer in a reasonable specified time.
(3) If the said owner fails to comply within the time
specified or effects repairs which in the opinion of the
Interference with
canal or channel
works.
Construction and
repair of tanks
kuntas and bunds
prohibited.
Obligations of
owners in respect
of works affecting
canal safety.
[Act No.XXIV of 1357 F.] 15
Irrigation officer are not satisfactory, then the Irrigation
officer shall have the right to get the repairs executed or
completed when necessary , and the cost thereof shall be
recovered from the said owner by the Collector as an arrear
of land revenue.
41. From every order by the Irrigation officer, under section
40, an appeal shall lie within thre e months to such authority
as may be appointed for this purpose.
42. No person shall conduc t mining or quarrying
operations requiring the use of explosives within two
furlongs from the boundaries of an irrigation work without
the written permission of the Irrigation officer.
43. No new well shall be excavated within two hundred
yards from the boundaries of an irrigation work without the
permission of the Irrigation officer.
44. No person other than the Irrigation officer or the person
empowered by the Government shall have the right to
operate a flood -gate, regulator or a sluice -gate of a water
reservoir, canal or channel.
45. No person shall have the right to ply a ferryboat in a
water reservoir or a ca nal or channel without the permi ssion
of the Government.
46. No person other than the Irrigation officer shall be
authorised to let out water from a canal or channel by
cutting the bund, constructing a sluice or outlet or any other
contrivance.
47. The patta for the bed land of tank shall not be granted
nor the ex isting occupancy rights continue d where the tank
is utilised as water reservoir under a canal or channel:
Appeal against
order issued
under section 40.
Mining or
quarrying by
explosives
prohibited.
Excavation of well
adjoining
irrigation work
prohibited.
Operation of
sluices etc.,
prohibited.
Plying of ferry-
boat prohibited.
Unlawful letting
out of water from
canal.
Patta of beds of
tank.
16 [Act No.XXIV of 1357 F.]
Provided that compensation in case of acquired
occupancy right being so extinguished, shall be paid under
the Land Acquisition Act.
48. The following matters are prohibited within the
boundaries of a water reservoir, tank, canal or channel
except that they are performed by persons authorised:-
(a) removal of any material relating to the irrigation
work;
(b) cultivation of any kind;
(c) sowing or planting of trees;
(d) tapping of Abkari trees situated on the land
acquired;
(e) establishment of any new place of worship;
(f) grazing or tethering of any animal;
(g) vehicular traffic on bunds or inspection pathways;
(h) passage of animals on bunds or inspection
pathways;
(i) corruption of or fouling the water;
(j) removal or cutting of or damaging trees in any way;
(k) other prescribed matters.
Certain matters,
within boundaries
of tanks or canals
prohibited.
[Act No.XXIV of 1357 F.] 17
PART VIII.
PENALTIES AND PROCEDURE.
49. (1) Whosoever wilfully and without the permission of
the competent officer, commits or attemp ts to commit the
following acts:-
(a) damages, alters, enlarges, or obstructs any
irrigation work;
(b) interfer es with, or increases, or diminishes the
supply of water in, or the flow of water through, over or
under any irrigation work or does some other act which
reduces its utility for the purpos es for which it was
constructed;
(c) corrupts or fouls the water of any irrigation work
by which the utility is reduced for the purposes for which it is
ordinarily used;
(d) destroys, defaces or removes any land or level
marks or water guage or lock fixed by competent officer;
(e) destroys, tampers with or removes the apparatus
for controlling, regulating or measuring the flow of water in
any irrigation work;
(f) notwithstanding any prohibition, passes or causes
animals or vehicles to pass, in or across any irr igation work,
its banks, or channels, contrary to rules made under section
67;
(g) willfully causes or permits ca ttle to graze upon
any irrigation work, or flood -embankment, or willfully tethers
or causes or permits cattle to be tethered, upon any such
irrigation work or embankment, or roots up any grass or
vegetation growing on any irrigation work or embankment,
Damaging
irrigation works.
18 [Act No.XXIV of 1357 F.]
or removes, cuts, or in any way injures or causes to be
removed, or otherwise injures, any tree bush, hedge or
grass planted for the protection of such irrigation work or
embankment; and
(h) whoever contravenes any rule made under
section 67 the breach whereof is declared punishable under
this section, shall, on conviction before a Collector, be
punished with a fine which may extend to five hundred
rupees.
(2) For any contravention mentioned in clause (a), (d)
or (e) of sub-section (1) if the Collector is of the opinion that
in the circumstances of the case it is proper to punish with
imprisonment in lieu of fine he may commit the case to t he
special Magistrate appointed under section 55 or if no such
special Magistrate is appointed, to the competent Magistrate
concerned and on conviction before the special Magistrate
or the competent Magistrate, as the case may be, shall be
punished with im prisonment which may extend to three
months.
50. (1) Whosoever without the permission of the competent
officer:-
(a) pierces or cuts through, or attempts to pierce or
cut through, or otherwise to damage or destroy or endanger
the stability of any irrigation work;
(b) opens, shuts or obstructs, the sulice in any
irrigation work or attempts it;
(c) for the purpose of diverting or impounding the
free flow of water, (the right to which vests in the
Government),–
Endangering
stability of any
irrigation work.
[Act No.XXIV of 1357 F.] 19
(i) makes or attempts to make any dam or refuses
or neglects to remove it when required to do so;
(ii) creates or attempts to create obstruction or
refuses or negl ects to remove any such obstruct ion when
required to do so;
shall on conviction before a Collector be punished with
a fine which may extend to one thousand rupees.
(2) For any contravention mentioned in clause (a) or
clause (c) (i) of sub -section (1) if the Collect or is of the
opinion that in the circumstances of the case, it is proper to
punish with imprisonment in lieu of fine he may commit the
case to the special Magistrate appointed under section 55
or if no such special Magistrate is appointed, to the
competent Magistrate concerned and on conviction before
the special Magistrate, or the competent Magistrate, as the
case may be, shall be punished with imprisonment which
may extend to one year.
51. Whenever any person is convicted under section 49 or
50 the Collector or, the special Magistrate or the concerned
competent Magistrate, as the case may be, may order that
he shall remove the obstruction or compensate the loss on
account of which he is puni shed, within a period to be fixed
in the order. If such person refuses or neglects to obey the
order within the fixed period, the Collector may authorise the
Irrigation officer to remove such obstruction or compensate
such loss and its cost shall be recove rable from such
person as an arrear of land revenue.
52. (1) Any person in charge of or employed on any
irrigation work may remove from the lands or buildings
belonging thereto, or may take into custody without a
warrant, and take forthwith before a Collector or concerned
Removing
obstruction and
compensation for
loss.
Power to remove
and take into
custody person
obstructing.
20 [Act No.XXIV of 1357 F.]
Tahsildar, to be dealt with according to law, any person,
who in his view:
(a) wilfully damages, obs tructs or fouls any irrigation
work, or
(b) without permission from the competent officer,
interferes with the supply or flow of water, in or from any
irrigation work so as to endanger, damage or reduce its
utility.
(2) when a person is arrested and produced bef ore the
Tahsildar under sub -section (1) the Tahsildar shall rel ease
such person binding him for appearance by taking security
or bond and shall send the report to the Collector without
delay.
53. Any person, who, being called upon to assist by his
physical labour in the completion of any irrigation work
under section 35 refuses or neglects to comply with such
call without sufficient cause shall, on conviction before a
Collector be punished with a f ine which may extend to fifty
rupees.
54. If an officer or other person empowered to take action
under this Act exercises, without reasonable cause for the
purpose of vexation or with malicious intention, any power
under this Act, on conviction before the special Magistrate,
appointed under section 55 or if no such special Magistrate
is appointed, before the competent Magistrate concerned
shall be punished with imprisonment which may ex tend to
six months, or with fine which may extend to one thousand
rupees or with both.
55. The Government may, for the purposes of this part,
appoint for any area a special Magistrate, who may exercise
the powers of t he Magistrate of the First Class in
Punishment or
contravention of
section 35.
Punishment for
exercising powers
under this Act for
vexation.
Appointment of
special
Magistrate.
[Act No.XXIV of 1357 F.] 21
accordance with the provisions of the 6[Code of Criminal
Procedure, 1898.] In case special Magistrate is not
appointed, the cases to be com mitted to the special
Magistrate shall be committed to the competent Magistrate
concerned:
Provided that notwithstanding anything to the contrary
in the said Code special Magistrate or competent
Magistrate, as the case may be, may try any contravention
summarily under this part and pass a sentence to the extent
he is empowered under this part.
56. An appeal may lie to the Board of Revenue within three
months against the sentence of fine passed by the Collector
under this part and the order of the Board of Revenue shal l
be conclusive. Any such order shall not be called in
question in any Criminal or Civil Court.
57. Nothing herein contain ed shall prevent any person
being prosecuted under any other law, for the time being in
force, for any act or omission punishable by this Act.
PART IX.
WATANDAR PATWARIS AND IRRIGATION PATWARIS.
58. If for any area comprised in or adjacent to ayacut of
any irrigation work under existence or under construction
the Government considers it necessary to improve the
standard of village record and statistics relating to lands, the
Government may, declare that Irrigation Patwaris will be
appointed in place of Watandar Patwaris; but such
notification shall not be in respect of the ayacut under
irrigation when this Act comes into force unless its area is
two thousand acres or more or such ayacut is adjacent to
6. Now see the Code of Criminal Procedure, 1973 (Central A ct 2 of
1974).
Remedy against
order made by
Collector.
Punishment under
other laws not
barred.
Notification
regarding
appointment of
Irrigation Patwaris.
Central Act 5 1898.
22 [Act No.XXIV of 1357 F.]
another ayacut and the aggregate area of the two ayacuts is
two thousand acres or more.
59. Until s uch time as an Irrigation Patwar i appointed in
place of watandar patwari assumes char ge of his post, the
existing Watandar Patwari or his agent may, if he agrees, do
the work and shall be entitled to get remuneration at the rate
of scale in force before the issue of the notification.
60. When any Watandar Patwari hands over charge of his
post to an Irrigation Patwari he shall be paid compensation
for watan rights in the manner, within the period, and to the
extent and in the kind prescribed but if any f ormer Watandar
Patwari, is appoi nted as Irrigation Patwari the Government
may set off any pension or rusume sanctioned in
compensation for watan rights against the salary which is
payable to him as Irrigation Patwari.
61. (1) Subject to rules made under section 67, for areas
notified under section 58, the Government shall appoint for
any village, or part of village, or more than one village an
Irrigation Patwari.
(2) Such Irrigation Patwaris shall be liable to be
transferred as Irrigation Patwaris to any other area within the
area to which this Act extends notified under section 58.
(3) All Irrigation Patwaris shall be deemed to be
Government servants within the meaning of clause (9) of
section 21 of the Indian Penal Code, 1860.
PART X.
MISCELLANEOUS.
62. The Government may, for the purpose of satisfying
itself as to the legality and the regularity of any proceeding
Performance of
work until
Irrigation Patwari
assumes charge.
Compensation for
watan rights.
Appointment of
Irrigation Patwaris.
Power of revision.
Central Act 45 of 1860.
[Act No.XXIV of 1357 F.] 23
of a Collector or an Irrigation officer, call for and examine the
relevant papers of the proceedings under this Act.
When on examining the pa pers of any case, the
Government considers that the order or decision of such
officer should be amended, it may amend or cancel such
order or decision or pass such other order as it may think fit.
63. Any officer authorised under this Act to conduct any
enquiry may exercise all such powers connected with the
summoning of witnesses and recording their statements
and the production of documents as are conferred on Civil
Courts by the Code of Civil Procedure, 1908 and every such
enquiry shall be deemed a judicial proceeding.
64. Service of any notice under this Act shall be made in
accordance with the provisions of the Code of Civil
Procedure, 1908.
65. No Civil Court shall take cognizance of a suit filed in
respect of any matter to which this Act applies, except
where such provision in this behalf is made in this Act.
7[66. [XXX]]
PART XI.
RULES.
67. (1) The Government may, after previous publication,
make rules to enforce this Act.
(2) A rule may be general for all irrigation works or may
be special for one or more irrigation works as the
Government may direct.
7. Omitted by the Andhra Pradesh Adaptation of Laws Order, 1957.
Power to summon
witnesses and to
record their
statements.
Manner of serving
notice.
Central Act 5 of 1908.
Civil Courts not to
have jurisdiction.
Power to make
rules.
Central Act 5 of 1908.
24 [Act No.XXIV of 1357 F.]
(3) Without prejudice to the generality of the foregoing
power, rules may be made regarding the following matters:-
(a) the cases in which the officer to whom and the
conditions subject to which, order or decision given under
provisions of this Act and not expressly provided for as
regards appeal, shall be appealable;
(b) the person by whom, the time, place or manner at
or in which anything for the doing of which provision is
made in this Act shall be done;
(c) the amount o f any charge to be made under this
Act;
(d) the manner in which and the officers by whom
complaints as to the inadequacy of means of crossing shall
be investigated under section 12;
(e) the manner in which water -courses shall be
excavated and maintained with or without taccavi loans; the
mode of advancing taccavi loans; for the aforesaid purpose
and the period of their recovery;
(f) the manner in which bunding operations for lands
irrigated by irrigation works shall be conducted by pattadars
or Government agency with or without taccavi loans and the
period of recovery of any loans which may be granted;
(g) the manner of the extension, or repairs of, or the
prevention of damage to kuntas under the control of a
Revenue officer may be undertaken wit hout reference to the
Government;
(h) regulating the period of opening or cl osure of
channels, distributarie s and sub -distributaries of irrigation
works;
[Act No.XXIV of 1357 F.] 25
8[(i) [XXX]
(j) [XXX]]
(k) the procedure for determining compensation
payable under section 60 and appointing Irrigation Patwaris
under section 61 and fixing their salaries and other
emoluments;
(l) fixation of ayacut Tahbandi to supply water for the
purpose of Part III.
9[(m) [XXX]]
* * *
8. Clauses (i) and (j) were omitted by Andhra Pradesh Adaptation of
Laws Order, 1957.
9. Clause (m) omitted by Andhra Pradesh Adaptation of Laws Order,
1957.