The Periyar Irrigation Tanks (Preservation) Act, 1934

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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 :-

This Act may be called the Periyar Irrigation Tanks (Preservation) Act, 1934.

It extends to the whole of the Madura district.

In this Act, unless there is something repugnant in the subject or context, (a) 'Collector' means the Collector of the Madura district; (b) 'estate' and 'landholder' have the same meaning as in the Tamil Nadu Estates Land Act, 1908; (c) 'tank' means any tank situated wholly or partly in an estate and used by the Government as part of the Periyar system of irrigation.

If 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.

On or before the date specified in the notice- (i) the landholder or any of the landholders concerned may appear before the Collector, and file any of the following objections, namely :- (a) that he is not the landholder of any estate in which the tank is wholly or partly situated; (b) that the tank does not require repair; (c) that measures other than those proposed would be sufficient for the repair of the tank and restoration to efficiency; and (d) that by law, local custom or contract all of the measures proposed should be carried out in whole or in part by or at the cost of some other person or persons; and (ii) the holder of any land irrigated by the Periyar System or any other person concerned may appear before the Collector and make such representations as he may think fit with regard to the nature of the measures proposed.

On the date specified in the notice or on any subsequent date to which he may adjourn the inquiry, the Collector shall hold such inquiry as he thinks fit, and after such inquiry, if any, shall pass a final order confirming, cancelling or modifying the preliminary order, and in the last case, shall cause to be made such modifications in the plans and estimates as he may find necessary: Provided that before modifying the preliminary order to the disadvantage of any party who has not appeared at the inquiry the Collector shall give a reasonable opportunity to such party to appear and show cause why the order should not be modified: Provided further that in cases falling under sub-clause (d) of clause (i) of section 6, the Collector shall specify 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 cost of carrying out such measures (including 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 prescribe) shall be divided between the State Government and the landholder or landholders and the other persons concerned, if any, in accordance with the following provisions :- (a) There shall first be determined the aggregate of (i) the total average area in the estate or estates concerned on which, during the three faslis immediately 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 surplus 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 inam and zamindari villages with 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; (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 State Government 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 the aggregate area as determined under clause (a) : (c) The State Government shall bear the balance of the said total cost.

After such measures as may have been ordered by the State Government under section 8 have been carried out, the Collector shall cause to be served upon every landholder or other person concerned, a memorandum showing the total cost of carrying out the same and the portion of such cost for which he is liable under section 8, together with an order directing him to pay the said portion either in a lump sum within a specified time or in specified instalments.

Any amount payable by a landholder or other person under an order under section 9 shall be recoverable as an arrear of land revenue.

(1) Any 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 order set aside or modified on any of the following grounds, (a) that he is not the landholder of any estate in which the tank is wholly or partly situated; (b) 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 he has been made liable has been wrongly calculated 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 order set aside or modified on any of the following grounds, namely :- (a) that he is not bound to carry out any of the measures by law, local custom or contract; or (b) that the portion of the cost for which he has been made liable has been 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.

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 landholder and other person concerned of the action which he is taking. The provisions of this Act shall thereupon apply as though such repairs had been ordered to be executed by the State Government under section 8.

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.

The Collector or any officer appointed by him in that behalf may, for the purposes of this Act, at any time, enter upon any land and inspect or cause to be inspected any tank situated therein.