The Periyar Irrigation Tanks (Preservation) Act, 1934

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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Periyar Irrigation Tanks (Preservation) Act, 1934 Act 5 of 1934 Keyword(s): Preservation in Efficient Condition, Periyar System of Irrigation, Tanks, Estate, Land Holder 1934 : T.N. Act VJ Periyar '(TAMIL NADU) ACT No. V OF 19342. (Received the assent of the Governor on the 15th March 1934, nnd that of the Governor-General on the 17th . . April 1934 ; the assent of the Governor-General was JLirst published in the Fort St. George Gazette of the 8th May 1934.) An Act to provide for &he preservation ~JI, efiient condition of tanks belonging to landholders which are used as part of the Periyar system of irriga- tion in the "State ot Tamil Nadu]. WHEREAS it is expedient to provide for the preservation in efficient condition of tanks belonging to landholders which are used by the Government as part of the Periyar system of irrigation in the 3[State of Tamil Nadu] ; AND WHEREAS the previous sanction of the Governor- Goneral has been obtained to the passing of this Act; It is hereby enacted as follows :- 1. This Act may be called the Periyar Irrigation Short title. Tanks (Preservation) Act, 1934. I 2. It extends to the whole of the Madura district. Extent. 3. Jn this Act, unless there is something repu@nt Definitions* in the subject or context, ! I (a) 'Collector' means the Collector of the Madura district ; These words were substituted for the word " ~ a d r a s " by the Tamil Nadu Adaptation of Laws Order 1969, as amended by tho Tamil Nadu Adaptation of Laws (second~rnendment) Order, 1969. , " . ' I ' 8 For Statement of Objects and Reasons, See Fort St. George Gazette, dated the 17th October 1933-Part N, Page 210. . . " . a This expression was substituted for tho' oxp&i& t 4 ~ of Madras" by the Tamil Nadu. Adap~tioq bfi FFl!&l which was deemed to have coma Into form on tho I th armar~$9(PP.' . , . f (6) 'estate' and 'landholder' have the same mean- l[Tamii (c) 'tank' means any tank situated wholly or partly in an estate and used by the Government as part of tho Periyar system of irrigation. 4. Jf any question arises as to whether any area is or forms part of a tank, it shall be decided by the Collector whose decision shall be final. of such measures to be prepared. The Collector shall send copies of such preliminary order, plans and estimates to the landholder of the estate in which the tank is situated, or if the tank is situated in more than one cstate, to taoh landholder conwrned, together with a notice in writing requiring him to appear before the Collector on a date to be specified in the notice, not being less than sixty days after the date of the notice, and show cause why the said order should not be confirmed. The Collector shall causc a vernacular translation of such order and notice, together with a description in the vernacular of such measures and of the estimated cost of carrying them out, to be affixed in some cons- picuous place or places in the village or villages in which the tank or its ayacut is situated and in such other village, if any, as he may think fit and shall cause intimation to be given of such affixture by beat of drum in the village or in each of the villages in which such affixmre has been made. " .F7 I‘ I i 1934 : T.N. Act vj P ! I +yctions 6. On or before the date specifled in the not iw- w ? b t ~ ~ ~ tor. (i) the landholder or any of the landlwltb~ concerned may appear before the Collector, and ~\$ih any of the following objections, namely :- (a) that he is not the landholder of any clil:~~~' in which the tank is wholly or partly situated ; (b) that the tank does not require repair : (c) that measures other than those propOh\\l would be sufficient for the repair of the tank ant\ restoration to efficiency ; and (4 that by law, local custom or contrac( .\\I\ of the measures proposed should be carried out \\ I \ t \ I \ \ or in part by or at the cost of some other p c ~ .\\\! or persons ; and (ii) the holder of any land irrigated by ~t:,, Periyar System or any other person concerned I \ \ . \ \ appear before the Collector and make such reprc,tlt\ tations as he may think fit with regard to thc n:rt \ \ \ \ * of the measures proposed. 7. 011 the date specified in thc notice or on . i t \ \ : ... \ ''y subsequent date to which he may adjourn the inqu~\\ . \ ; ': the Clolector shall hold such ~ ~ I C ~ ~ I I \ J ,, , ,I as he thinks fit, and after such j l lq~i\,\, if any, shall pass a final order oonfirmi~\:;, cancellrng or modifying the prelimit~:\r\ order, and in the last case, shall cause to bc made sutbl\ modifications in the plans ar,d estimates as he n\ii\ f nd necessary: Provided that before modifying the prelim in;, I.! order to the disadvantage of any party who has II,,I appeared at the inquiry the Collector shall give ;\ reasonable opportunity to such party to appear : I I I ~ I show cause why the order should not be modifial \ I Provided ftrther that in cases falling under sub- clause (4 of clause (i) of section 6, the Collector shall specifjl in the final order the extent to which the landholder's liability devolves on the person or persons concerned under the law, local custom or contract and the proportions, if any, in which each of such persons, if more than one, shall bear , such liability. (2) The total cobt of carrying out such measures (includiig the charges on account of establishment and tools and plant at such percentages on the actual cost of the work done as the '[State Government] may from time to time prescribed) shall bo dividcd between the '[State Government] and the landholder or land- Iiolders and the other persons concerned, if any, in accordance with the following provisions :- (a) There shall first be determined the '[aggre- gate of(i) the total average area in the estate or estates concerned] on which, during the three faslis immedia- tely preceding the fasli in which the preliminary order was passed, the '[State Government] have levied water-cess for the use of water issuing-from the tank otherwise than through its surpluq works, whether at the rate prescribed for the irrigation of dry land with Periyar water or at the rate prescribed for the irrigation of wet land in whole inan~ and zamindari villages with -----__ 1 The words "Provincial ~ovcrn8ent'' were substituted for tllc words "Local Government" by thc Adapt? tion Order of 1937 and the word "State" was subst~tuted for "Prov~ncral" by the Adaptation Order of 1950. 8 These words, brackets and figure were substituted for the words "total average area" by section 2 (i) of the Periyar Irrigation Tanks (preservation) (Amendment) Act, 1942 (Madras Act XVI of 1942), re- erlacted permanenrly by sectlon 2 of, and the Flrst Schedule to the TamilNadu ReenactfngandRo~ealing(No. 1) Act, 1948 (Tamil &du Aot W of 1948). such water '[and (ii) the total average area of ryotwari wet lands, if any, held under,and of ryotwari wet and dry lands, if any, irrigated with permission from, such tank during the three faslis aforesaid J; (b) Each landholder concerned shall bear such proportion of the said total cost as one half of the average area of the lands in his estate on which during the said three faslis the atstate Government7 have levied water-cess for the use of water so issuing at the rate prescribed for the irrigation with Periyar water of wet lands in whole inam and zamindari villages, bears to 3[the aggregate area] as determined under clause (a) : (c) Thc "Stato Goverluncnt] shall bcar t l~c bnlancc of thc said total cost. Ilkatratio~~s. ( I ) A tank is wholly siluatcd in thc c5talc of a lanctlic~ldcr. Thcrc is no law, local custo~n or contracl excluding ~ h c liability of the landholder. The averagc itrca on which water-cess was levied during the three 1 This expression was added by section 2 (ii) of the Periyar Irrigation Tdnks (Preservation) (Amendment) Act, 1942 (Madras Act XVI of 1942), rc-enacted , permanently by section 2 of, and the First Schedule to, the Tan111 Nadu Re-enact ing and Repealing (No. I) Act, 1938 (Tamil Nadu Act VII of 1948).! 1 The words "Provincial Government" were substituted for t l~c words "Local Govcrnment" by the Adaptation Order of 1937 and the word "State" Has subst~trited for "Provrncial" by the Adaptation Ordcr of 1950. 3 These words were substitu,tcd for thc words "total avcrayc arca" by section 2 ( I I ~ ) of the Perrydc Irrigation Tanks (Presc;vation) (Anicndrlicnt) Act, 1942 (Madras Act XVI of 1942), re-enacted permanently by secti.on 2 of, and the First Schedule to, the Tamil Nadu Re-enacti ng and Repealing (No. I) Act, 1948 (Tamil NaOu p ct VII of 1948). faslis immediately preceding that in which the prelimi- nary order is passed consists of 50 acres on which water-cess was levied at the rate prescribed for the irrigation of dry lands and 30 acres on which water-cess was levied a t the rate prescribed for the irrigation of wet lands in whole inam ana zamindari villages. The of 30 landholder should bear , La., 3/16 cf the total 3Q350 cost and the Government shoula bear the remsinder, namely, 13/16. (2) Tbe facts are the same as in Illustration (1). except that a contract is proved by which the ryots holding the wet lands are bound to bear a share of the cost in proportion to their holding. Twdntv acres of the wet lands are held by the ryotr and the rzn~aining ten by the landholder. The Government have to bear 13/16 of the tot31 cost as in Illu~tration ( I ) , the ryots 2/16 and the landholder l / l u . (3) A tank is siiuated partly in th.: zrtate of land- holder A and partly in that of 1.1ndholder B. There is no law, local custom or contract excluding the liability of either landholder. The average area on \\rhicl~ water-cess W ~ L S levied during the three Clhl~s irnmedi~ttely preceding conjists of 50 aclm on which th: csjs w;ls levied at the rate prescribed for dry lanci.. 20 acres in the estate of Ii~ndholder A o n which th: cc4s wa? levied .it the rate prescribed for ~ c t lands in \vhnlc inam clna zamindari vill:tgcc, and 10 acres in thc cstate of Iiindholder B on which thc ccss was levied : i t the rate prescribed for * ; o f 2 0 such wet lands, Landholdar rl will bear 50+ 20+ 10 or 2/16 of thc: total cost. landholder B will 4 of 10 bear or 1/16' of the total cost and the 50+20+ 10 Government will bcnr the yemainder, namely, 13/16. 1934 : T. N. Act V] Perbar Ikrigattlbn Tanks 41 3 (Preservation) VA NOTE.-^^ Illustrations (1) to (4), it is assumed (a) that there are no ryotwari wet lands under the tank, and (b ) that there are no ryotwari wet or dry lands irrigated with permission from the tank. (5) The facts are the same as in Illustration (I), but in addition 10 acres of ryotwari wet lands are held under the tank and 10 acres of ryotwari wet and dry lands are irrigated with permission from the tank. 4 of 30 3 In this case, the landholder should b e a r - or - 30+50+20 20 of thc total cost, and the Government should bear l a I,, i 17 the remainder, namely, - . 20 (6) The facts are the same as in Tllustration (5) except that a contract is proved by which the ryots holding wet lands under the landholder are bound to bear a share of the cost in proportion to their holding. Out of the 30 acres on which water-cess was levied at the rate prescribed for irrigation of wet lands in whole inam and zamindari villages, 20 acres are held 1This note and jllustrafions (5) to (8) were added by ..=, tion 2 (iv of tho Perlyar Irrl tlon Tanks (Preservation) (Amend- ment) Ao~. ] 942 (M8dns *ct &I of ,9421, re-eolcted permrnentiy by soction 2 of and tho' First Sohedula to, the Tamil Nadu Re- enacting .and kepcsllng (NO. I) Act, 1948 (Tamil Nadu Act VII of 1948). .,: 414 Periyar Irrigation Tanks . [I934 : T.N. Act O . sq (Preservation) + ? by the ryots and the remaining 10 acres-by the hnd- , I holder. The Government have to bear -- of the total 20 2 cost. as in Illustration (9, the ryots -and the land- . - 20 1 holder -. 20 (7) The facts are the same as in Illustration (3) but in addition 30 acres of ryotwari wet lands are held under the tank and 10 acres of ryotwari wet and dry lands are irrigated with permission from the tank. + of 20 2 Landholder A will bear or - ofthe 50+20+ 104-40 24 8 , 4 of 10 total cost. landholder B will bear 50+20+10+40 1 or - of the total cost, and the Government will bear 1 24 2 1 the remainder, namely,-. 24 (8) The facts are the same as in illustration (4). The extent of the lands in the estates of the several landholders is 400 acres and in addition 150 acres of ryotwari wet lands are held under the tank and and dry lands are irrigated 50 acres of ryotwari wet with permission from the tank. The several land- . . - - - 9 x 400 holders in the estates have to Pay----- or ) 400+200 in proportion to the areas lying . . - 0 - of the total cost I within their respeouve estates, on which water-ces< has been levied and .the Govenunent ' will have to bear the remainder, namely, #,I 1934 :T.l\t. Act v] 2eriyar Irrigation finks 41 6 1 I (Preser vatim) I I / 9. After such measures as may have b e n ordered :x2z by the '[State Government] under section 8 have been landholder carried out, the Collector shall cause to b,o served upon or other I every landholder or other person concerned, a memo- person to pay amount randum showing the total cost of carrying out the same of cost due and the portion of such cost for which he is liable under from him. section 8, together with an order directing him to pay the said portion either in a lump sum within a specifled time or in specified instalments, 10. Any amount payable by a landholder or other Recovery o f person under an order under section 9 shall be reco- Zsytof verable as an arrear of I?nd revenue. t 11. (1) Any landholder aggrieved by an order Right of I under section 9 served on him may, within six months Sui t Of landholder, from the date on which such order was served, ins- ,tc., i n certain titute a suit in a Civil Court to have such order set c.lqes. aside or modified on any of the foll~wing grounds, I (a) that he is not the landholder of any estate in which the tank is wholly or partly situated; 1 1 (6 ) that by law, local custom or contract any of the measures should have been carried out by, or at the cost of, some other person; or (c) that the portion of the cost for which hc I has been made liable has been wrongly calculated I Provided that a landholder who has been served with a preliminary order under section 5 shall not be entitled to institute a suit on the ground specified in clause (a) or clause (b) , unless he has raised such ground in the proceedings before the Collector under section 6 or section 7. (2) Any person other than a landholder aggrieved by an order under section 9 served on him may, within six months from the date on which such order was served, institute a suit in a Civil Court to have such I I 'The words "Provincial Government"were substituted for the words "Local Government" by the Adaptat~on Order of 1937 and tho , word "State" was substituted for "Provincial" by the Adaptation Order of 1950. 1 1 i I / I i Procedure in case of emergency. Servicc of notice or other docu- ment. Powers o f entry md nspectioo . '.C 416 Irrigation Tanks [W: T.N. Act V (Preservation) order set aside or modified on any of the following grounds, namely :- (a)thatheisnotboundtocarryontanyofthe measures by law, local custom or contract; or (b) that the portion of the cost for which he has been made liable has hem wrongly calculated: Provided that no such person shall be entitled to institute a suit on the ground specified in clause (a), unless he has raised such ground in the proceedings referred to in section 6 or section 7, having had a reasonable opportunity to do so. 12. Whenever it appears to the Collector that any tank is in such a state of disrepair as to be in imminent danger of breaching, he may by summary order cause to be carried out the measures of repair which in his opinion are necessary to prevent the tank from breaching and shall without delay inform every land- holder and other person concerned of the action which he is taking. The provisions of this Act shall there- upon apply as though such repairs had been ordered to be executed by the '[State Government] under section 8. 13. Every notice, order or other document required by this Act to be served on, or sent to, any person, shall, if practicable, be served personally on such person or, if he cannot be found, the notice, order or document may be left at his usual or last known place of abode with an adult member of his family or an adult servant or agent, or may be sent by registered post, or may be affixed to some conspicuous part of his usual or last known place of abode and shall thereupon be deemed to have been duly served or sent. 14. The Collector or any officer appointed by him in that behalf may, for the purposes of this Act, at any time, enler upon any land and inspect or cause to be inspected iiny tank situated therein. .--- 'The words ''Provincial Govornmcntw were substituted for the words " h t Government" b the Adaptation Order of 1937 and the word '*State'* was subotitutedlfor "Provincial" by the Adaptation Order of 1950.