The Bhavani Reservoir Irrigation Cess Act, 1933

The Bhavani Reservoir Irrigation Cess Act, 1933

Act 16 of 1933

Keyword(s): Levy, Water Cess, Irrigable Land, Bhavani Reservoir

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• • " a . C 1933; T.N. Act XVIJ Bhavanl Reservoir 351 Irrigation Cess. THE BHAVANI RESERVOIR IRRIGATION CESS ACT, 1933. TABLE OF CONTENTS. , I I

(1) This Act may be called the Bhavani Reservoir Irrigation Cess Act, 1933. (2) It extends to all lands the irrigation of which from the Bhavani Reservoir (hereinafter called the reservoir) is allowed by or under the orders of the State Government but does not extend to any land which on the date this Act comes into force is entitled to irrigation with water of the Bhavani river, or any other source belonging to or constructed by, or on behalf of, the Government. (3) It shall come into force on such date as the State Government may by notification in the Official Gazette appoint.

Notwithstanding anything contained in the Tamil Nadu Irrigation Cess Act, 1865, it shall be lawful for the State Government to levy every fasli water-cess on all lands the irrigation of which from the reservoir is allowed by or under the orders of the State Government, whether such lands are actually irrigated with water from the reservoir or not; and the State Government may by rule prescribe the conditions under which and the rates at which such water-cess shall be levied; Provided that the water-cess shall not be levied under this Act on any land unless a permit has been issued in respect thereof under section 3 and unless such permit is in force: Provided further that the rate of water-cess charged under this Act shall not exceed twenty rupees per acre in the case of cotton, fifteen rupees per acre in the case of paddy, seven rupees and eight annas per acre in the case of millets, and such rate as may, from time to time, be notified by the State Government in the case of any other crop permitted under section 3.

(1) Permit shall be issued in respect of all lands the irrigation of which from the reservoir is allowed by or under the orders of the State Government. (2) Every such permit shall be issued by such authority and shall be in such form as the State Government may by rule prescribe and shall specify the conditions under which the land in respect of which it is issued may be irrigated, and such conditions may relate to the period in every fasli during which the land may be irrigated, the crop or crops which may be grown on the land, and the source through which water may be taken for irrigation: Provided that where the State Government by notification in the district gazette so direct a permit shall not be issued under this sub-section in respect of any land after the date specified in such notification in that behalf except on payment of such fee and on such other terms if any, by such authority as the State Government may by rule prescribe. (3) Every permit issued under sub-section (2) shall be served on, or tendered to, the registered holder of the land in respect of which it is issued, in such manner as the State Government may by rule prescribe. (4) The registered holder may, within three months from the date on which the permit is so served on, or tendered to, him, apply to the Collector of the district for the cancellation or modification of the permit on the ground that it is not advantageous to irrigate such land or any specified portion thereof either on account of the rate of water-cess prescribed by the State Government or for any other reason such as the unsuitability of the water for the soil or for the crop usually grown on the land. Against the order of the Collector on such application, the registered holder may, within three months from the date of the order, appeal to the Board of Revenue which may pass such order on the appeal as it thinks fit. The registered holder shall not be entitled to call such permit in question except in the manner provided in this sub-section. (5) Any permit issued under this Act, may, by order, be cancelled or modified at any time by such authority as the State Government may by rule prescribe. (6) Every permit issued under this Act with such modifications, if any, as may be made therein under sub-section (4) or sub-section (5) shall- (a) remain in force until it is cancelled under either of the said sub-sections; and (b) be binding on the registered holder as well as the owner of the land, for the time being.

The provisions of sections 1-A and 2 of the Tamil Nadu Irrigation Cess Act, 1865, shall apply to the levy of water-cess under this Act as if it were a cess levied under the Tamil Nadu Irrigation cess Act, 1865.

No Civil Court shall take cognizance of any suit or proceeding brought by any person questioning the rate of water-cess levied under this Act or the liability of any person to pay such cess or any order passed under section 3: Provided that nothing in this section shall prevent any person from obtaining in the Civil Court any relief to which he may be entitled on the ground that he is not liable to pay any such cess because he is neither the registered holder nor the owner of the land in respect of which the levy has been made or on the ground that the land in respect of which the levy has been made is entitled on the date on which this Act comes into force to irrigation with water of the Bhavani river, or any other source belonging to or constructed by, or on behalf of, the Government.

The State Government may, by notification in the Official Gazette make rules consistent with this Act to carry into effect the purposes thereof.

,

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'[TAMIL NADU] ACT No.XVI OF 1933.1.

(RBBHAVN RBSSLVOIRIRRIOAT~NC&SsA& 1933.) (Received the assent of the Governoron the 25th April

1933, and that 0.f the Governor-General on the 15th May 1933; the assent of the Governor-General wasJirstpublished in the Fort St. George Gazette on the 23rd May 1933.)

An Act to provide for the levyof water-cess on lands

itrigable from the Bhavani Reservoir.

WHERJ~ASthe Government propose to construct a reservoir on the Bhavani river near its junction with the Moyar river in order to provide water to supplement rainfall for the irrigation of 8[ 1 crops;

ANDWHEREASit is necessary in order to safeguard the Government revenue that the payment of water-cess in respect of all lands the irrigation of which from tbe reservoir is permitted should be made obligatory whether the water is taken or no8 ;

ANDWHEREAS the previoi~ssanction of the GovernorGeneral has been obtained to the passing of this Act; It is hereby enacted asfollows:-

hart title,

rtont,,,,,.and IrrigationI. (1)-This&s Act.&ct may1933.be calledtheBhavani Reservoir

nent. v

Thsse words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptnt~un of Laws (Second Amendment) Order, 1969.

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1933ST.N.Act?$VII BhavaniRe.veervoir

1 * ,

IrrigationCess

1. (2) It extends to all lands the irrigation of which from the Bhavani Reservoir fiereinafter called the reservoir) is allowed by or under the orden of the '[State Government] but does not extend to any land which on the date this Act comes into force is entitled to irrigation with water of the Bhavani river, or any other source belonging to or constructed =[by. or on behalf of, the '(Government)].
2. (3) It shall come into force on such* dateasthe '[State Government] may fiy notification in the '[Official Gazette] appoint. 2. Notwithstanding anything contained in the.Ie::r;$ sflamil 'ITamil Nadu] Irrigation Cess Act, 1865,it shall be laa-on lands N a h l fu1 forthe1[State Government] to levy everyfasli water- allowed to be cess on all lands the irrigation of which from the ~~~f&t:~~;'~ reservoir'[State Government],is allowed bywhetheror undersuchthelandsordersare actualTyof the irrigated wit11 water from the reservoir or not; and the [State Government] may by rule prescribe the conditions under which and the rates a t which such \v;~ter-cessshall be levied; Provided that the water-cess shall not b,: :;vied under --this Act onany----- land urlless a permit---- has been-- 1 TJlewords ''Pro\ incia1 Governmen 1" were substituted for the words *'Local Government" by the Adaptation O$cr of 1937 and , the word "State" \\,as uubstituted for c'Provincial by the Adaptation Ordcr of 1950. nlesc words wcre substituted for the words "by the Loaal co\ernment" by the Adaptation Order of 1937. 8 This word was substituted for the word "Crown" by the Ad.~pt~tionOrdcr of 1950. These words were substituted for the words '?E'ort St. George ao:ette" by the Ad:~ptotionOrder of 1937. A Thcsc words wcre subsl~tutcdfor the word "Mitdr'ls ' by the Tamil Nadu Adopt:~tionof Laws Order, 1969,as amended by tho Tamil Nadu Adaptation of Laws (Second A~nendment)Order, *Canlc into force on the 23rd M'IY1933. I I _ - - +'. 354 Bhavmi Reservoir P~33::T.N. ~ cXVFt lrrigafion Cess iscued in respect thereof under section 3 and unless such permit is in folce: Provided further that the rate of water-cess charged under this Act '[shall not exceed twenty rupees $r acrein the caseof cotton, fifteen rupees pel acre.in the case of paddy, seven rupees and eight annas per acre in the case of millets, and such rate as may, from time to time, be notified by the '[State Government]in the case of any other croppermitted under section 33. I b ,it$. 3. (1) Permit shall be issued in respect of all lands the irrigation of which frcm the reservoir is allowed by or under theorders of the 'CState Government].
3. (2) Every such permit shall be issued by such anthority and shall be in such form as the '[State Government] may by rule prescribe and shall specify the conditions under which the land in respect of which it is issued may be irrigated, '[and such conditions may relate to the period in every fasli during which the land may be irrig3ted, the crop or crops which may be grown on the land, and the source through which water may be t.tken for irrigation]: Provided that where the "State Government] by notifit-?tior: in the distr~ctgazette so direct a permit sh:~llnot bc issued under this sub-section in respect of any land :iftcr the date specified in auch notification in that behalf cxcept on pilymcnt of sucll fee and on si~cfiother terms i ~ l ~byd such authority as the '[State Govornn~ent] may by ruleprescribe. --- -- - ------------- - ---- I_. 1These word4 wcrc sub,t~tc~lcdfoi tho wor 11.; "shaft in no C,I\L'exceed nlnc rtlpces per acre ". by scctlon 3 orthe Bhavani ]tr.\~rtow Irr1p.1ti011 Ccns ( A ~ I L ' I ~1 )~ Act,I I I L1952' ~ ~(Madras Act V vl' 1952). 'The words "Pnrvincial Governntent" wcrc substituted for the words "Local Govcrnnient" by the Ad,~ptation Order of 1937 . I I I ~tile~ word "Stntc" was subst~lutcdfor "Provincial" by the Adaptrit~onOrder ol' 1950. I 8 These words wcre substituted For the words "and in particular the period in every fasli during whioh such land may be irr~gotedand thc \ottrce through w h ~ hHater msy be taken for s11ohirr1g3tioci", by section 4 of the B,~avmi Reservoir Irrigation Cess (Ailtclldment) Act, 1952 ( Madras Act V of 1952). - . .. .y. 1933: T.N.Act XVI I
   • • Reservoir Irrigation C M ~
4. (3) Every permit issued under sub-section (2) shall be served on, or tendered to, the registered holder of the land in respect of which it is issued, in such manner as the '[State Government] may by rule presmibe.
5. (4) The registered holder may, within three months from the date on which the permit is so served on, or tendered to, him, apply to the Collector of the district for the cancellatign or modification of the permit on the ground that it is not advantageous to irrigate such land or any specified portion thereof either on account of the rate of weter-cess prescribed by the '[State Government] or for ally other reason such as the unsuitability of the water for the soil or for the crop usually grown on the land. Against the order of the Collectoronsuch application,theregistered holder may, within three months from the date of the order, appeal to the Board of Revenue uhicli may pass such order on the appeal as it thinks fit. The registered holder shall not be entit1i.d to cal! such permit in questio~lekcept in the mt,nner plo1idt.d in tbis sub-sectioq. ('.I Any llerniit issue . urlder tbis 4ct, may, by ijrder, Fe cancelled or modified at arly time 2y :,:lch authority as the '[State Government] may by rule . prescribe.
6. (6) Every permit issued under this Act with such nlodifications, if any, as may be made therein under sub-section (4) or sub-section (5) shall- (a)remain in force until it is cancelled under either of the said sub-sections ;and (b).be binding on the registered holder as well astheownet of the land, for the time being. . --., -- i I The words "Provincial Oovarnmnntw were substituted for theandwordstha word\'Local"St&ttd'Oovarnmant".was substitutedby theforAdaptation"Provincial"Orderofby1937tho , AdeptationOrderof 1950. 354.:4 Bhard Reseivoir [1933: T.N. ActXVI Irrigariop CPEJ 1 J / t y n . ~ : r J V I, ~ , . . . * I 7 ' Ssotibos, 1-A I[Tamil4.TheNadu]pro&ionsInigaticmofCesssectronsAd,I-A1865,,andshallh2ofapplythe$Tg rnmtian to the levy of wattr-cess under this Act ,as if ,it wereAct CcSs Act, a asslevied under the '[Tamil Nadu], Irrigation cesgof19s: apply.lg6'9 to Act, 3865. 1 ,I ,, I I ,I I / I ! ; Exclusion of 5. No Civil Court shall take cognizance of any I juridiction suit or prcceeding brought by anyperson questioning of civil COUfts. the rate of water-cess levied under this Act or the liability of any person to pay such cess or any order passed under section3: , a s Provided that nothing in this section shall prevent I any person from obtaining in the Civil Court any relief to which he maybeentitledonthe ground that he is not liable to pay any such cess because he is neither the registered holder nor the owner of the land in respect of which the levy has been made or on the ground that the land in respect of which the levy has been made is entitled on the date I r on which this Act comes into forceto irrigation with water ofthe Bhavani river, orany other sourcebelonging to or constructed '[by, or on behalf of, the '(Government)]. Rub. 6. The '[State Go~arnment]may, by notification in the 6[Official Gazcttc] make rules consistent with this Act to carry into etiect the purposes thereof. 1 These words uperesubstituted for tHe word "Madras: by the Tamil Nadu Adaptation of Laws Ordor, 1969, as amended by the Tamil Nadu Adaptat~nnof Laws (Second Amendment) Order,

vorh-oo~atrmm~~~~~~dthqd~tt.h1cJL1e~d?ld7in* ttM word "State" was substituted for Provmcial by the &ptsrt@ Q@9~,~8~1959~,,It ,1,880 ,I8,, r t c , r . , l t t r,l,tt 1 , 1 .

1969.

• • Thesowords were substitutedfor the words "by the Government" by the AdaptationOrderof 1937. , 1 I ,, , ' & #
• • msword was substituted for the word "Crown" by the Adaptation.&,I&& Order ofWekkd;\dd11950.1&&h;a'Ime1tSull> I I , ICqt, , IJtrorItb; . 8Thq~ o d1cwefe~1s substFbUe~Ulfbrlltherlwonis kt ,,Sf;, , v t r"lo,, OcmIc*~t~#~'*'by!the~AdaptatlnlOrderirP1P3~,t;'2:;1:,, , ,,,, ,, , ,:,I, .E.? I % b L .. * c c v 4F I -';?I __-^. _".i.I.- Reservoir ImmgationCess I.-.---._- These wor& were substituted for the w6rdy~adrasi9 by tha Tamil Nadu Adaptation of Laws Order, 1969, as amend& by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, I