LexThe Telangana Irrigation (Construction and Maintenance of Water Courses) Act, 1965.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA IRRIGATION (CONSTRUCTION AND
MAINTENANCE OF WATER COURSES) ACT, 1965.
(ACT NO.12 OF 1965)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent and commencement.
2. Definitions.
3. Obligation of ayacutdars to construct water
courses.
4. Power of Irrigation Officer to construct water-course
suo motu or on application.
5. Enquiry into objections and publication.
6. Acquisition of land.
6-A. Acquisition of land with the consent of the
beneficiaries.
7. The cost of construction of watercourse.
8. Construction of water-course.
9. Recovery of the cost of construction of water-
course when it is carried out by the Irrigation
Officer.
10. Discontinuance from the construction of water-
courses.
11. Obligation of owners of lands which receive or
discharge water through water-course.
12. Right to enforce the obligation under section 11.
13. Protection of action taken under the Act.
14. Act to override other laws, contracts, etc.
15. Power to make rules.
16. Repeal.
THE TELANGANA IRRIGATION (CONSTRUCTION AND
MAINTENANCE OF WATER COURSES) ACT, 1965.1
ACT No. 12 OF 1965.
1. (1) This Act may be called the 2Telangana Irrigation
(Construction and Maintenance of Water Courses) Act,
1965.
(2) It extends to the whole of the State of 2Telangana.
(3) It shall come into force on such 3date as the State
Government may, by notification in the 2Telangana Gazette,
appoint.
2. In this Act, unless the context otherwise requires,-
(a) “ayacut'' in relation to an irrigation work means all
the lands which are entitled to irrigation under that irrigation
work;
(b) ''ayacutdar'' means owner of land in an ayacut;
(c) ''construction'' includes extension, improvement or
alteration of water course;
(d) ''Government'' means the State Government;
1. The Andhra Pradesh Irrigation (Construction and Maintenance of
Water Courses) Act, 1965 received the assent of the President on the
23rd April, 1965. The said Act in force in the com bined state, as on
02.06.2014, has been adapted to the State of Telangana, under section
101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of
2014) vide . the Telangana Adaptation of Laws Order, 2016 issued in
G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
3. Came into force on 1st May, 1965.
Short title, extent
and
commencement.
Definitions.
2 [Act No.12 of 1965]
(e) ''Irrigation Officer'' means any officer of the Revenue
Department or the Public Works Department not below the
rank of a Revenue Divisional Officer or an Executive
Engineer, empowered or authorised by the Government to
exercise all or any of the functions of an Irrigation Officer
under this Act;
(f) ''Irrigation work'' includes-
(i) All rivers and natural streams or parts thereof;
(ii) all lakes and other natural collections of water, or
parts thereof;
(iii) all tanks, wells, tube wells, reservoirs, ponds,
kuntas, streams, madugus used for the supply of storage of
water for purposes of irrigation;
(iv) all canals, chann els, anicuts, dams,
embankments, weirs, sluies, groins, kuntas and other work
other than escape channels, connected with, or auxiliary to
the irrigation works referred to in sub-clauses (i) to (iii);
(v) all drainage channels, the water of which is
utilised for the purpose of irrigation;
(vi) all lands used for the purpose of irrigation works
referred to in sub-clauses (i) to (v); and
(vii) all buildings, machinery, fences, gates, roads
and other erections occupied by, or belonging to, the
government and connected with an irrigation work;
which are owned, maintained, constructed or controlled by
the Government;
(g) ''owner'' in relation to any land in respect of which
land revenue is payable means the person liable to pay land
[Act No. 12 of 1965] 3
revenue and in relation to any land in respect of which no
land revenue is payable means the person who would have
been liable to pay land revenue if it had been payable on
such land; and includes a ryot having a permanent right o f
occupancy in the land;
(h) ''prescribed'' means prescribed by rules made
under this Act;
(i) “Revenue Divisional Officer ” means any officer
incharge of a Revenue division and includes a Deputy
Collector, a Sub-Collector and an Assistant Collector ;
(j) ''watercourse'' means a field channel which receives
supply of water from the outlet of an irrigation work and
conveys water to lands included within the ayacut of that
work and which is not maintained at the cost of the
Government and includes all subsidiary works conne cted
with any such channel except the sluice or outlet through
which water is supplied from irrigation work to such
channel.
3. The owners of all lands within each distinct block of
such extent not exceeding one hundred acres as may be
prescribed, in the ayacut of an irrigation work shall be liable
to construct and maintain, at their own cost, watercourses
required for the supply o f water to their lands from the
distributaries of the irrigation work for irrigation purposes
and for the discharge of waste or surplus water from those
lands in accordance with such directions as may be issued
by the Irrigation Officer.
4. (1) Whenever an Irrigation Officer considers suo motu
or on the application of an ayacutdar that the construction of
a watercourse, is expedient or necessary, he shall ascertain
the most suitable alignment for the said watercourse and
Obligation of
ayacutdars to
construct water
courses.
Power of Irrigation
Officer to
construct
watercourse suo
motu or on
application.
4 [Act No.12 of 1965]
cause the land which in his opinion is necessary for the
construction thereof to be marked out on the ground
(2) He shall thereupon publish a notice in the
prescribed manner in every village through which the
watercourse is proposed to be taken specifying the extent of
land which lies in such village and which has been marked
out under sub-section (1) and requiring—
(a) every owner who wishes to receive supply of
water to his land through the watercourse or to make use of
the watercourse for drainage purposes to make an
application in that behalf to the Irrigation Officer within thirty
days of publication of notice;
(b) every person likely to be affected by the
construction of the watercourse or interested in the land on
which it is proposed to construct the water course to submit
his petition to the Irrigation Officer stating his objections to
the proposed construction within sixty days of publication of
the notice.
(3) The Irrigation Officer shall also send copies of the
notice to every person known or believed to be the owner of
the land through which the water course is proposed to be
taken and to the District Collector for publication in the
4Telangana Gazette.
(4) The Irrigation Officer where he is not the Revenue
Divisional Officer shall, as soon as may be after the expiry of
the period specified in the notice, make a report to the
Revenue Divisional Officer regarding the proposed
watercourse together with a plan showing the alignment
thereof and the objections, if any, received by him.
4. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
[Act No. 12 of 1965] 5
5. (1) The Revenue Divisional Officer shall, after giving
notice to every person known or believed to be the
5[beneficiary and the owner of t he land through which the
watercourse is proposed to be taken], pass such orders in
respect of the proposed construction as he may deem
necessary and the order so passed shall be published in the
6Telangana Gazette.
(2) The order passed under sub-section (1) shall, if it is
decided, to construct a watercourse, contain the following
particulars, namely—
(i) the district, taluk, village and the survey number
and description of the land on which the watercourse is
proposed to be constructed;
(ii) the approximate area of such land;
(iii) where the plan of the land is made, the place
where such plan may be inspected.
(3) Against any order passed by the Revenue Divisional
Officer under sub -section (1) an appeal shall lie to the
District Collector, within 5[thirty days] from the date of
publication of the order of the Revenue Divisional Officer in
the 6Telangana Gazette and the District Collector may, after
giving the parties to the appeal an opportun ity of being
heard pass orders on the appeal.
(4) The decision of the District Collector under
sub-section (3) and where no appeal is filed, the decision of
the Revenue Divisional Officer under sub -section (1) shall,
on publication in the 6Telangana Gazette, be final.
5. Substituted by Act No. 8 of 1966.
6. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Enquiry into
objections and
publication.
6 [Act No.12 of 1965]
6. 7[(1)] Where the land needed for the construction of the
watercourse is not provided by the persons to be benefitted
by the w atercourse, the Revenue Divisional Officer shall
proceed to acquire the land under 8the Land Acquisition Act,
1894;]
9[provided that the land needed fo r the construction of
any watercourse under the Nagarjunasag ar Project shall be
acquired under the provisions of the Land Acquisition Act,
1894 as modified by the Nagarjunasagar Project
(Acquisition of Land) Act, 1956].
9[(2) Notwithstanding anything in sub -section ( 1) of
section 6, section 3, section 4 or section 5 of this Act-
(i) any proceeding started or action taken by or on
behalf of the Government under the provisions of the Land
Acquisition Act 1894 as modified by the Nagarjunasagar
Project (Acquisition of Land) Act, 1956 b efore the
commencement of the An dhra Pradesh Irrigation
(Construction and Maintenance of Water Courses)
Amendment Act, 1966, for the acquisition of land needed for
the construction of any watercourse under the
Nagarjunasagar Project shall be deemed to be proceeding
started or action taken in pursuance of the aforesaid sub -
section (1) of section 6;
(ii) the Revenue Divisional Officer may, after the
commencement of the Andhra Pradesh Irrigation
(Construction and Maintenance of Watercourses)
Amendment Act, 1966, acquire any land needed for the
construction of any water course under the Nagarjunasagar
Project un der the provisions of the Land Acquisition Act,
7. Renumbered by Act No.8 of 1966.
8. The Land Acquisition Act, 1894 has been repealed by the Central Act
No.30 of 2013.
9. Added by Act No.8 of 1966.
Acquisition of
land.
Central Act 1 of 1894
[Act No. 12 of 1965] 7
1894 as modified by the Nagarjunasagar Project
(Acquisition of Land) Act, 1956 and any proceeding started
or action taken in respect thereof shall be deemed to be
proceeding started or action taken in pursuan ce of the
aforesaid sub-section (1) of section 6.
(3) Notwithstanding anything in the Land Acquisition
Act, 1894 and the Nagarjunasagar Project (Acquisition of
Land) Act, 1956, it shall be lawful for the Revenue Divisional
Officer to take possession of any land with the consent in
writing of the owner of the land in respe ct of which any
proceeding or action for acquisition for the construction of
any watercourse has been started or taken under any of the
said Acts.]
10[6-A. Notwithstanding anything in section 3, section 4,
section 5 or section 6 of this Act, where all the owners of
lands to be benefited by any watercourse other than a
watercourse under the Nagarjunasagar Project give their
consent in writing, in the form pres cribed, to the Revenue
Divisional Officer, for the acqu isition of the land needed for
the construction of the watercourse at their cost as provided
in this Act, the Revenue Divisional Officer may thereupon
proceed to acquire the land under 11the Land Acquis ition
Act, 1894.]
7. (1) The co st of construction of the water course shall
include the following namely:-
(i) the cost of acquiring the Iand for the purpose;
(ii) the cost of the works, if any, to be constructed for
the passage across the watercourse, of wa ter or drainage
which the water course may intercept and for providing
10. Inserted by Act No.8 of 1966.
11. The Land Acquisition Act, 1894 has been repealed by the Central Act
No. 30 of 2013.
Acquisition of land
with the consent
of the
beneficiaries.
The cost of
construction of
water -course.
8 [Act No.12 of 1965]
suitable means of commu nication across it, wherever
necessary;
(iii) such other costs as may be prescribed.
(2) The cost referred to in sub -section ( 1) shall be
apportioned among all the owners of the lands entitled to
the use of the watercourse in proportion to their respective
extents of lands which may be served by the watercourse.
12[8. After the land needed for the construction of a
watercourse is secured, the Irrigation Officer may get the
watercourse constructed or permit the persons to be
benefited to construct the water course themselves subject
to such conditions as may be prescribed.]
9. (1) The Revenue Divisional Officer may o rder the
recovery in such instalments as may be prescribed, of the
cost of construction of any water course including the
amount of any compensation payable or that may have
been paid for the purpose, from the owners of the land
served by 12[the water course got constructed by the
Irrigation Officer] under section 8 in proportion to the extent
of land owned by them as provided in the rules.
(2) Any amount due under this section shall be
recoverable, as an arrear of land revenue.
(3) Against any order passed by the Revenue Divisional
Officer under sub -section (1 ), an appeal shall lie 13[within
thirty days from the dat e of communication of the order ] to
the District Collector whose decision thereon shall be final.
12. Substituted by Act No.8 of 1966.
13. Inserted by Act No. 8 of 1966.
Recovery of the
cost of
construction of
watercourse when
it is carried out by
the Irrigation
Officer.
Construction of
watercourse.
[Act No. 12 of 1965] 9
10. The Irrigation Officer, may, at any time after obtaining
sanction of the Government and shall, where the
Government so direct, discontinue the construction of the
watercourse.
11. (1) The owner or owners of lands which receive or
discharge water through a watercourse shall be bound-
(a) to maintain the watercourse in a fit state of repair;
(b) to maintain all works necessary f or the passage
across the water course of any public road or irrigatio n or
drainage work in use at the time of its construction and of
the drainage intercepted by it.
(2) Where one or some of the owners carry -out the
obligations imposed under this section and any other or
others of them dispute their liability to contribute, an
application may be made in writing to the Irrigation Officer
by any of the owners setting out the matter in dispute and
the Irrigation Officer, shall make necessary inquiry into the
matter after giving an o pportunity to the parties to be heard
and pass such orders thereon as he deems fit.
(3) Against an order passed by the Irrigation Officer
under sub-section (2), an appeal shall lie 14[within thirty days
from the date of communication of the order] to the District
Collector whose decision thereon shall be final.
12. (1) If any of the obligations imposed by section 11 are
not carried out, any Irrigation Officer duly empowered i n this
behalf by the, District Collector may require the defaulter b y
notice in writing to execute the necessary work or repair
within such per iod, as may be presc ribed and in case of
failure, may execute the same on his behalf.
14. Inserted by Act No. 8 of 1966.
Discontinuance
from the
construction of
watercourses.
Obligation of
owners of lands
which receive or
discharge water
through
watercourse.
Right to enforce
the obligation
under section 11.
10 [Act No.12 of 1965]
(2) All expenses incurred b y the Irrigation Officer in the
execution of such work or repair shall be recoverable from
the defaulter as an arrear of land revenue and where there
are a number of persons in default, such recovery sh all be
made in proportion to the extent of land held b y each of
them and served by the watercourse.
(3) Where a water course is not maintained in a fit s tate
of repair and a stoppage of the supply of water thereto is
necessary to prevent su ch, waste of water, the Irrigation
Officer may stop the suppl y until the repairs are executed
provided three days notice of such stoppage shall be given
to the defaulter except where an immediate stoppage is
considered necessary to prevent serious waste of water or
damage.
(4) Against any order passed by the Irrigation Officer
under this section, an appeal shall lie wi thin thirty days from
the date of com munication of the order to the District
Collector whose decision thereon shall be final.
13. No suit, prosecution or other legal proceeding shall lie
against any officer for anything which is done, or intended to
be done in goodfaith, in pursuance of the Act or the rules.
14. The provisions of this Act s hall have effect
notwithstanding anything inconsistent therewith in any other
law, custom, usage, or agreement for the time being in force
or any decree or order of a court, Tribunal or other authority.
15. (1)The Gov ernment may, by notification in the
15Telangana Gazette , and after previous publication for a
period of not less than t hirty days, make rules for carrying
out all or any of the purposes of this Act.
15. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Act to override
other laws,
contracts, etc.
Protection of
action taken
under the Act.
Power to make
rules.
[Act No. 12 of 1965] 11
(2) Every rule made under this section shall be laid, as
soon as may be after it is made, before each House of the
State Leg islature while it is in session for a total period of
fourteen days which may be comprised in one session or in
two successive sessions, and if, before the expiration of the
session in which it is s o laid or the session im mediately
following, both Houses agree in making any modification in
the r ule or in the annulment of the rule, the rule shall
thereafter have effect only in such modified form or shall
stand annulled, as the case may be , so however that an y
such modification or annulment shall be without prejudice to
the validity of anything previously done under that rule.
16. The provisions of sections 13 to 18 (both inclusive) of
the 16Telangana Irrigation Act, 1357 F. (Act XXIV of 1357 F.)
are hereby repealed.
* * *
16. Adapted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
Repeal.