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MADRAS IRRIGATION TANKS (IMPROVEMENT) ACT, 1949 (19 OF 1949)
MADRAS IRRIGATION TANKS (IMPROVEMENT) ACT, 1949
19 OF 1949
An Act to empower the Provincial Government to increase the capacity and efficiency of irrigation tanks in the Province of Madras. Whereas it is expedient to empower the Provincial Government to increase the capacity and efficiency of irrigation tanks in the Province of Madras; It is hereby enacted as follows:-
SECTION 1: Short title, extent and commencement
(1) This Act may be called the Madras Irrigation Tanks (Improvement) Act, 1]949.
(2) It extends to the whole of the [State] of Madras.
(3) It shall come into force at once.
SECTION 2: Definitions
In this Act, unless there is anything repugnant in the subject or context- (a) "Government" means the 3 (2) 2. Substituted for the word "Provincial".[State] Government; 3 (3) 3. Inserted by Ac:t 7 of 1980 and again by Act 16 of 2000.[(aa) "District Collector" means the Secretary as defined in clause (43) of section 2 of the Kerala Municipality Act. 1994 (20 of 1994) or as defined in clause (XL) of section 2 of the Kerala Panchayat Act, 1994 (13 of 1994)];
(b) "owner" in relation to any land or property, includes any person having an interest in such land or property;
(c) "prescribed" means prescribed by rules made under this Act;
(d) "tank" means an irrigation tank in the 1[State] of Madras.
SECTION 3: Power to take measures for increasing the capacity or efficiency of irrigation tanks
(1) Notwithstanding anything contained in any other law for the time being in force, the Government shall have power to raise the full-tank level of any tank or to take any other measures for increasing its capacity or efficiency, wherever it may be situated and whether in a ryotwari, zamindari, inamdari or other area.
(2) The owner of tank not belonging to the Government shall not be required to bear any portion of the cost of carrying out any measures in respect of the tank under sub-section (1).
(3) Where, in pursuance of sub-section (1), any measures are carried out in respect of a tank, the cost of carrying them out or such portion of the cost as the Government may specify, may be recovered by the District Collector from the owners of the lands and other properties benefited by the work in such proportions, and in such manner, as may be prescribed.
4. Suits and applications for injunctions barred.- No Court shall entertain any suit or application for the issue of an injunction to restrain exercise of any powers conferred on the Government by section 3.
SECTION 5: Compensation
(1) Where in consequence of anything done in pursuance of section 3, the owner of any land or property sustains loss or damage, he shall be entitled to such compensation as the District Collector may by order determine:
Provided that where the loss or damage was sustained by reason of the diminution of the supply of water to any land or to any tank or other source from which water is supplied to any land, compensation shall be payable only in such cases, and to such extent, as may be prescribed.
(2) No compensation shall be payable to any person under sub-section (1), unless he has preferred to the District Collector, an application in that behalf setting forth the grounds of his claim, within three years from the date on which the loss or damage was sustained or such further time as the District Collector may think fit to allow.
(3) On receipt of an application under sub-section (2), the District Collector shall hold an enquiry in the prescribed manner.
(4) The Compensation payable to any person under this section shall be a lump sum in all cases including those where the loss or damage sustained by him is a recurring one, and shall be determined by the District Collector in the prescribed manner.
(5) All compensation payable to any person under this section shall be paid by the Government, and the total amount paid by way of compensation in consequence of any measures taken in pursuance of section 3 in respect of any tank or such portion of the total amount aforesaid as the Government may specify may be recovered by the District Collector from the owners of the lands and other properties benefited by the measures taken in such proportions and in accordance with such rules, as may be prescribed.
SECTION 6: Appeal against order of the District Collector
(1) The Government or any person deeming himself aggrieved by an order of the District Collector under section 5, sub-section (1), or any person deeming himself aggrieved by any recovery ordered by the District Collector under section 3, sub-section (3); or under section 5, sub-section (5), may appeal against such order to the Subordinate Judge's Court having jurisdiction over the area in which the land or property to which order relates is situated, or if there is no such court, to the District Court having jurisdiction over such area, or if such area is in the Presidency town, to the Madras City Civil Court.
(2) Such appeal shall be made within ninety days from the date on which the order appealed against was served on the Government or the person concerned as the case may be or such further time as the court may think fit to allow.
SECTION 7: Power to make rules
(1) The Government may, by notification in the 3 (4) 4. Omitted by Act 16 of 2000.[x x x] Gazette, make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-
(a) the entry on, and inspection of, any irrigation tank or any land adjacent thereto or in the neighbourhood thereof;3 (5) 5. Substituted by ibid.
(b) the delegation of the powers of the Government under section 3 to the Panchayat constituted under section 4 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) or to the Municipality constituted under section 4 of the Kerala Municipality Act, 1994 (20 of 1994) or any other authority or any officer of the Government and the control and revision of the acts and proceedings of any such authority or officer.]
(c) the procedure to be followed in disposing of applications preferred under this Act; and
(d) the manner of service of orders under this Act.
