The West Bengal Tanks ( Acquisition Of Irrigation Rights ) Act, 1974

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XXIII of 1974 
THE WEST BENGAL TANKS (ACQUISITION OF 
IRRIGATION RIGHTS) ACT, 1974. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta 
Gazette, Extraordinary, of the 4th April, 1974.] 
[4th April, 1974.] 
An Act to provide, in the public interest, for the acquisition of 
the right of using water of derelict tanks for purposes of irrigation 
and for matters connected therewith or incidental thereto. 
WHEREAS it is expedient to provide, in the public interest, for the 
acquisition of the right of using water of derelict tanks for purposes of 
irrigation and for matters connected therewith or incidental thereto; 
It is hereby enacted in the Twenty-fifth Year of the Republic of 
India, by the Legislature of West Bengal, as follows:- 
1. This Act may be called the West Bengal Tanks (Acquisition of Short title. 
Irrigation Rights) Act, 1974. 
2. It is hereby declared that this Act is for giving effect to the policy Declaration as 
of the State towards securing the principles specified in caluse (b) of 
article 39 of the Constitution. 
	 to the policy 
of the State. 
3. In this Act, unless there is anything repugnant in the subject or Definitions. 
context,— 
(i) "Collector" means the Collector of the district and 
includes any officer not below the rank of a Sub-
divisional Officer appointed by the State Government 
to carry out all or any of the functions of a Collector 
under this Act; 
(ii) "Derelict tank" means a tank which has fallen into 
disrepair or disuse; 
(iii) "prescribed" means prescribed by rules made under 
this Act; 
(iv) "tank" includes doba, pukur, bed, boor, or other water 
area. 
101 
The West Bengal Tanks (Acquisition of Irrigation Rights) Act, 1974. 
[West Ben. Ac 
(Sections 4-10.) 
Acquisition. 
Power of Col-
lector to enter 
upon tanks. 
Enforcement 
of the right of 
the public to 
use water. 
Restriction on 
the use of 
water. 
Amount to be 
paid. 
Appeal 
Bar to juris-
diction of 
Courts. 
4. (a) If the Collector is satisfied that the public has no right to use 
the water of any derelict tank and that such tank is, or when excavated 
will be, capable of irrigating the adjoining lands, he may, by order in 
writing, and after serving the same in the prescribed manner, on the 
owner of the tank, and where the tank is in the occupation of any other 
occupier not being the owner, also on such occupier, acquire the right 
of using water of such tank for the purposes of irrigation of the 
adjoining lands, and on and from the date of such order, such right shall 
stand transferred to, and vest in, the State Government. 
(b) After acquisition and vesting as aforesaid, the Collector 
may make such further orders as may appear to him to be necessary or 
expedient in connection with, or in relation to, such acquisition. 
5. Where the Collector acquires the right of using the water of any 
tank for the purposes of irrigation under section 4, it shall be lawful for 
the Collector or for any person or persons authorised by him in this 
behalf, to enter upon such tank, and to excavate, enlarge or deepen the 
tank or construct, strengthen, enlarge or improve any bund or 
embankment of such tank or to do any other thing for the purposes of 
ensuring irrigation to the adjoining lands. 
6. Where the public has the right of using water for purposes of 
irrigation from any derelict tank and the owner, or where there are more 
than one owner, all the owners do not agree or neglect to provide 
irrigational facilities, it shall be competent for the Collector to enforce 
by order in writing the right of the public and to take action as provided 
in section 5. 
7. Notwithstanding anything contained in sections 4 and 6, the 
water of any tank shall not be used for the purposes of irrigation 
beyond such limit as may be fixed by the Collector having regard to 
the minimum level of water necessary for pisciculture. 
8. Where the right of using water for purposes of irrigation of any 
tank has been acquired under section 4, there shall be paid to the owner 
and every person interested in such tank, an amount which may be 
determined by the Collector at the rate of rupee one per 0.4 hectares of 
the total area of the tank. 
9. Any person aggrieved by an order under section 4 or section 6, 
may appeal to such authority as may be prescribed. 
10. Any order served or any action taken or anything done in 
exercise of the power conferred by or under this Act, shall not be called 
in question in any Court. 
102 
The West Bengal Tanks (Acquisition of Irrigation Rights) Act, 1974. 
XXIII of 1974.] 
(Sections 11-13.) 
11. No suit, prosecution or other legal proceedings shall lie against 
any person for anything which is in good faith done or intended to be 
done in pursuance of this Act or any rule or order made thereunder. 
12. The State Government may make rules for carrying out the 
purposes of this Act. 
West Berk. Ord. 	 13. (1) The West Bengal Tanks (Acquisition of Irrigation Rights) Repeal and 
VIII of 1973. 	 savings. Ordinance, 1973, is hereby repealed. 
(2) Anything done or any action taken under the West Bengal 
Tanks (Acquisition of Irrigation Rights) Ordinance, 1973, shall be 
deemed to have been validly done or taken under this Act as if this Act 
had commenced on the 15th day of October, 1973. 
Indemnity. 
Power to make 
rules. 
103 

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