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OSMANIA UNIVERSITY
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AGRICULTURAL LEGISLATION IN INDIA
Vol. Ill AGRICULTURAL PRODUCTION & DEVELOPMENT
DIRECTORATE OF ECONOMICS AND STATISTICS
MINISTRY OF FOOD AND AGRICULTURE, GOVERNMENT OF INDIA
AGRICULTURAL LEGISLATION IN INDIA
Vol. ffl AGRICULTURAL PRODUCTION & DEVELOPMENT
ISSUED BY THE
ECONOMIC AND STATISTICAL ADVISER
MINISTRY OF FOOD AND AGRICULTURE
PRINTED IN INDIA BY THE MANAGER, GOVT. OF INDIA PRESS,
NASIK ROAD, PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI
PREFACE
'llnir has been, of late, considerable legislative activitv in the field ol agri-
cultural production and development. Tins hiochure seeks to bring together
the inoie- important ol these Acts passed bv the Central and State (iovei nments,
heaiiug on IMH ultural iinpiovernent like land reclamation, 'and utilisation,
cultivation ol fallo\\ lands, supplv ol steels and manure, ccmstiuc tion of irrigation
works, soil preservation, crop regulation, eiop protection and the formulation and
execution of land d< \elopment schemes. Vanous Acts in lone as in January
1951 on each of these subjects have been ananged togethet to facilitate easy
reference. It is hoped that in view of the paramount importance of increasing
agricultural pioduc tion, a e omj)arative studv of these legislative measuies would
prove useful <uul suggest lines on which fuither refoinis need to be undertaken.
The detailed \\oik in the piepaiation of this brochure has been done in the
Land Lconomus lii.mc h of the Uiiee toiate b> Shn \ N. Tiehan under the super-
vision ol Shn M S \lenon Anv vie\\s expressed in the Introduction should
not be i a ken a. the v iev\ <* of the Government of India
S. R. SEN,
and Statistical Adviser,
Ministry of Food and Agriculture.
CONTENTS
Page
I. INTRODUCTION i x
II. EXTENSION OF CULTIVATION.
A. Fallow Lands.
1. The Central Provinces and Berar Cultivation of Fallow Land Act, 1948 , . 3
2. The Mysore Cultivation of Fallow Lands Act, 1951 . . 8
B. Land Utilization.
1. The U. P. Land Utilization Act, 1947 - . . , 12
2. The U. P. Land Utilization, Act, 1947, as extended to
(i) Ajmci-Merwara ... . 15
(n) Delhi . i?
fiu) Bhopal .... 19
rt r The East Punjab Utih/ation of Lands Act, 1949 . . 20
4. The Madhya Bharat Land Utilization ^ct, 1950 23
C. Land Redamation.
1. The Bihar Waste Lands (Reclamation, Cultivation and Improvement) Act, 1946 28
2. The Ccntial Provinces and Berar Redamation of Lands (Eradication of Kans)
Act, 1948 . 33
3. The Kumaon Nayabad and Waste Lands Act, 194?. . 36
4. The East Punjab Reclamation of Land Act, 1949 42
> The Madhva Bharat Kans Eradication Act, 1940 44
6. The Bhopal Reclamation arid Development of Lands (Eradication oi Kans)
Ordinance, 1949 . . ...... 47
III. IMPROVEMENT IN AGRICULTURAL PRACTICES.
A. Improved seeds.
i. The East Punjab Improved Seeds and Seedlings Act, 1949 52
B. Manwes.
1. The East Punjab Conservation oi Manure Act, 1949 . 54
2. The Madhva Bharat Municipal Refuse (Conversion into Manure) Act, 1950 . 59
3. The Madhva Bharat Village Refuse (Conversion into Manure) Ordinance, 1951 61
C. Tractor Cultivation.
1. The East Punjab Tractor Cultivation (Recovery of Charges) Act, 1949 . . 63
2. The Madhya Bharat Tractor Cultivation (Recovery of Charges) Act, 1950 . 65
IV. PERMANENT IMPROVEMENTS IN LANDS.
A. Soil Preservation.
1. The Punjab Land Preservation (Chos) Act, 1900 67
2. The Bombay Land Improvement Schemes Act, 1942 ..... 78
3. The Jammu and Kashmir Land Preservation Act, 1943 . .89
4. The Bombay Khar Lands Act, 1948 96
5. The Madras Land Improvements Scheme (Contour Bunding and Contour
Trenching) Act, 1949 108
11
B. Irrigation.
1. The Bombay Irrigation Act, 1879 . .... 115
2. The Travancore Irrigation Act, 1897 . . 143
3. The Bihar Private Irrigation Works Act, 1922 . .152
4. The C. P. Irrigation Ac 1^193 1 . . . 181
5. The Mysore Irrigation Act, 1932 . . . . . . , ?;->
6. The Cochin Irrigation Regulation, 1935 . 231
7. The Madias Irrigation Works (Repairs, Improvement and Construction) Act,
1943 . ... .... .241
8. The Bihar Public Irrigation and Drainage Works Act, 1946 ... 246
9. The Malabar Irrigation Works (Construction and Lew of Cess) Act, 1947 . 259
10. The Madhya Bharat Irrigation Act, 1950 266
11. The Mvsorc Minor Tank Restoration Act, 1916 . . . 288
12. The BengalTanks Improvement Act, 1939 . ... 290
13. The Cochin Preservation of Eries Act, 1945 ....... 710
14. The Madras Irrigation Tanks (Improvement) Act, 1949 . . . ^m
15. The Assam Embankment and Drainage Act, 1941 . 315
1 6. The Assam Land (Requisition and Acquisition) Act, 1948 .... 323
17. The West Bengal Land (Requisition and Acquisition) Act, 1948 . . 'j29
V* PROTECTION I-ROM PESTS AND DISEASES.
1. The Destructive Insects and Pests Act, 1914 . . . . 3^4
2. The Madras Agricultural Pests and Diseases Act, 1919 . . . . 3^7
3. The Travancore Plant Pests & Plant Diseases Regulation, 1919 . . 343
4. The Coorg Agricultural Pests & Diseases Act, 1 933 . ... 346
5. The Patiala Destructive Insects and Pests Act, 1943 . . 351
6. The Bombay Agricultural Pests and Diseases Act, 1947 . ^54
7. The Revva State Agricultural Pests and Diseases Act, 1947 .... 360
8. The East Punjab Agricultural Pests, Diseases and Noxious Weeds Act, 1949 . 366
9. The East Punjab Agricultural Pests, Diseases and Noxious Weeds Act, 1949,
as extended to Himachal Pradesh . ... 371
10. The Assam Agricultural Pests and Diseases Act, 1950 . 370
VI. CROP REGULATION.
1. The Essential Supplies (Temporary Powers) Act, 1946 . ... ***&
2. The Cochin Proclamation of 1942 386
3. The Bombay Growth of Foodcrops Act, 1944 . . 387
4. The Saurashtra Growth of Foodcrops Ordinance, 1 948 . . 393
5. The Hyderabad Restriction of Cash Crops Cultivation Regulation, 1944 . 398
VII. GENERAL DEVELOPMENT.
1. The West Bengal Land Development and Planning Act, 1948 . , . 401
2. The U, P. Rural Development (Requisitioning of Land) Act, 1948 . . 40^
3. The Orissa Development of Industries, Irrigation, Agriculture, Capital Cons-
truction and Resettlement of Displaced Persons (Land Acquisition) Act, 1948 412
4. The Delhi and Ajmer-Merwara Land Development Act, 1949 . . 417
5. The Travancore-Cochin Land Development Act, 1950 . . . 428
6. The Madhya Bharat Requisitioning of Land (Rural Development) Bill, 1950. . 436
INDEX ...... ..... 441
AGRICULTURAL PRODUCTION AND DEVELOPMENT
INTRODUCTION
Agricultural Development in the early years of British Rule. Until
recently, there has hardly been any legislative attempt to control and regulate
agricultural production in this country. Such action as was taken was mostly
confined to administrative measures like the setting up of Central and Provincial
Departments of Agriculture, organization of research and agricultural education,
and measures designed to meet the recurrence of famine. The early British
administrators were concerned with land chiefly as a source of revenue, and the
efforts at land improvement which were attempted by measures like expansion
of irrigation, etc., were undertaken mostly with a view to increasing the revenue-
paying capacity of the land. This is apparent from one of the despatches of
Lord Mayo, which said that "there is perhaps no country in the world in which
the State has so immediate and direct an interest in agriculture. The Govern-
ment of India is not only a Government, but the chief landlord. The land
revenue is derived from that portion of the rent which belongs to the State, and
not to individual proprietors. Throughout the greater part of India, every
measure for the improvement of the land enhances the value of the property of
the State."* Moreover, farming was largely of the self-sufficing type, while the
prevalence of payments in kind combined with the difficulties and high cost of
transport restricted the markets for agricultural produce to local areas. The
village communities had not fully lost their vitality, and the caste and joint family
system prescribed the limits of economic competition and determined production
according to well-defined methods of routine. Each village produced its own
requirements of food and fibre; there was little of specialization, and the usual
complement of artisans and handicraftsmen, who were as much part of the village
as the land itself, did all the processing that was necessary for the satisfaction of
the modest wants of the community.
The Industrial Revolution in England, which also created the necessary
conditions for the great improvements in British agriculture in the latter half
of the 1 8th and the early igth centuries, hit the agricultural economy of India
in two ways. Political domination, which in the previous period had jealously
kept the Indian goods off the foreign markets, now sedulously encouraged, under
the cloak of a convenient doctrine of economic liberalism, the free inflow of large
masses of consumable goods. The products of indigenous handicrafts were
gradually ousted from the markets of the country, and the Indian artisans, bereft
of their calling, crowded back on the land as the only means of sustenance. This,
helped also by other circumstances, resulted, on the one hand, in, the rapid emergence
of the problem of landless proletariat, so long alien to the Indian agricultural eco-
nomy, and on the other, in the increasing pressure on land, which eventually led to its
sub-division into small holdings and fragmented cultivation. The 1931 census
revealed that 64 per cent of the rural artisans had forsaken their ancestral occu-
pations and taken to agriculture as the only means of livelihood. The effect of
this on the systems of land use and the standard of cultivation will be noticed later
in the context of the different legislative measures which have been adopted for
effecting improvements in production.
* Sir W. W. Hunter's Life of Lord Mayo, Vol. II, p. 322.
11
The second significant manner in which the Industrial Revolution affected
Indian agriculture was the change in the pattern of crop production which
followed the demand lor raw materials by Britain's manufacturing industries.
Agricultural production, till the middle of the i8th century, was diversified; the
farm and the family had knit together production and consumption into a self-
sufficing economy. For the first time, however, the Government of India began
to take a more lively interest in the cultivation of commercial crops like cotton,
largely owing to the insistent pressure of British manufacturing interests like the
Manchester Cotton Supply Association. The special cotton tracts of the Deccan
were developed in this manner, while the setting up of the jute mills of Dundee
which received an impetus from the use made of jute sacking by the Dutch Govern-
ment for their East India Coffee trade round about 1838, resulted in the speciali-
zation of large areas in Bengal in the growing of jute.*
In spite, however, of the establishment of peace and order in the country,
the definition of landed rights, and the improvements effected in communications
and irrigation, the outbreak of famines continued to be a recurring feature during
the latter half of the igth century also. Between 1800 and 1900 no fewer than 31
famines devastated different parts of the country taking a heavy toll of life estimated
at 32.4 millions. The series of Commissions which reviewed the position at the
close of each such outbreak laid emphasis on the paramount need to set up a
strong Department of Agriculture for dealing with agricultural problems and to
organize research for conducting scientific investigation into cultural requirements
and practices.
Food and Population. The famines of those days were, however, the result
of local and temporary factors, like the failure of rains, weakness of the adminis-
trative machinery, which was as yet inexperienced in standing up to the sudden
strain and the undeveloped systems of transport and communication, which
failed to prevent local shortage from deteriorating into famine. The large exports
of cereals from the country, which continued unabated even during the periods
of famine, support the assumption that despite regional scarcities, the overall
food position of the country was reasonably satisfactory. In 1901-2, the value of
the exports of rice and wheat from India amounted to about 1 1 1/2 millions sterling.
The Famine Commission of 1880 estimated that the country had a normal surplus
of 5 million tons of foodgrains, after satisfying internal needs calculated on the
basis of a ration of i 1/2 Ibs. per diem for an ordinary adult working male.
Gradually, an elaborate mechanism of famine control and relief was built up,
roads and railways broke the barriers of the land-locked village and brought Indian
agriculture within the orbit of world economy. Under the stimulus of settled
conditions of life and peaceful trade, well defined landed rights and the rising
trend of internal and foreign demand, the prices of agricultural produce like rice,
wheat, raw cotton and jute legistered considerable increase in the course of a decade,
from 1910 to 1920. It looked as if the stage was well set for an era of agricultural
prosperity.
A number of things, however, happened which had the opposite effect on
agriculture. Firstly, in the absence of organized institutions of farmers and owing
to the system of land holding which prevailed and the apathy of the State, very
little of the benefit of this rise in prices was passed on to the actual cultivator, and
by far the largest share went into the hands of the hordes of middlemen, like land-
lords, merchants and money-lenders, which the system created. There was thus
little improvement in the actual technique of production, the standard of cultiva-
tion or even in the economic position of the agriculturist. Secondly, the change
in demand brought about a corresponding change in the pattern of crop production.
On the whole, the cultivator of commercial crops fared better than the cultivator
* Economic Conditions in India, by Dr. P. P. Pillai, p. 22.
Ill
of food crops, and this resulted in a gradual shift of emphasis from the production
of food crops to non-food crops. While, therefore, the area under food crops
increased in the course of 40 years from 1899 ^7 n ty about 12 percent, in the
territories which formerly comprised British India, the area under non-food crops
went up by about 60 per cent. Whatever be the advantages that might have accrued
to the country as a result of this diversion, it certainly made the food position of the
country one of increasing vulnerability. The completion of the canal projects
in the Punjab and Sind and the development of the Irrawaddy delta during the
early years of the 2Oth century, no doubt, enabled the country to avoid full scale
famines; but from being an exporter of foodgrains, the country gradually became
a net importer, the annual export of about half a million tons of wheat from Punjab
and Sind in the years preceding World War II being counterbalanced by imports
of about a million and a half tons of rice from Burma. Thirdly, the settlement of
land and the numerous gradation of rights on the soil which gradually grew up,
produced a host of problems. The upper layers lost organic touch with actual
production and contented themselves with collecting their share of the produce
without performing corresponding services, while the actual tillers, mulcted of an
increasingly larger share of the results of their labour, lost the will and the capacity
to improve the land. Fourthly, the commercialization of agriculture brought one
more element of uncertainty into the economic condition of the farmer, viz., uncer-
tainty of income arising from instability of prices. The depression of the thirties
brought ruin to many of the agriculturists. Between 1928-29 and 1933-34, the
value of the principal crops in British India declined by about 53 . 6 per cent. The
fall in the prices of primary goods was steeper than that of manufactured goods
and, as Sir George Schuster remarked, "India felt the severity of the fall in the case
of what she had to sell, but did not obtain a corresponding advantage of the fall in
prices of what she had to buy". While the prices of exported goods, which were
mainly agricultural, recorded a fall of about 45.9 per cent, between 1929 and
1934, the fall in the prices of imports, which were mainly manufactured, was only
28.2 per cent. This disparity in the fall of prices further aggravated the economic
distress of the agriculturists. Finally, the drift from the old moorings following
the break-up of the old self-regulated institutions of the village and the joint family,
the removal of some of the positive checks like war and famine, and the increasing
poverty of the masses which reduced incentives to restrain the size of the families,
took away checks on growth of population which like a released spring spurted
upward with alarming rapidity. The results were seen in the rapid diminution of
per capita sown and cultivable area, fall in consumption standards and increasing
malnutrition, the fragmentation and sub-division of agricultural holdings, the lower-
ing of the yield of land and the progressive rise of a landless proletariat. The
population of the Indian Union (excluding Jammu and Kashmir and the tribal
areas of Assam and Sikkim) increased in the course of 30 years from 1921 to 1951
by 43.8 per cent.
Dim forebodings of population outstripping the means of subsistence and
eventually proving a menace not merely to prosperity, but even to existence, were
contained in the reports of the Famine Commissions even as far back as 1880.
The Commission in that year, although they solaced themselves on the then avail-
ability of a normal surplus of 5 million tons of foodgrains, could not altogether
banish the fear from their minds that the increase of population at the rate it was
proceeding might eat up all the estimated yearly surplus, unless production was
stepped up to keep pace with the increase. Two members of the Commission,
who appended a note of dissent to the report, took even a more gloomy view of the
future. By 1930, the situation had become more grave. Writing in 1932, Sir John
Megaw, the Director-General of Health Services, observed that "taking India as a
whole the dispensary doctors regard 39% of the population as being well nourish-
ed, 41% as b&ng poorly nourished and '20% as being very badly nourished".
He concluded that "the growth of population has already begun to outrun the
increase in the production of the necessities of life, so that even the existing low
standard of economic life must inevitably become still lower unless radical change
is brought about. The outlook for the future is gloomy to a degree not only for
the masses of the people, who must face an intensified struggle for bare subsistence,
but also for the upper classes whose income depends upon production of a surplus
of crops and other commodities".
During all this period when the economic position of the agriculturist was
steadily deteriorating, and production was being clogged in several directions by
the severity of the depression, the population was multiplying with unabated vigour.
Between 1921 and 1941 we had added to ourselves by another 66.6 millions, or
by about 26 per cent. While total production remained more or less stationary,
the per capita sown area, which affords an index of the pressure of population on
resources, underwent a reduction during the course of 20 years, from 1921 to 1941,
by 20 per cent. The necessary consequences of this prolific increase also worked
themselves out on the land economy with relentless pressure. Land became increas-
ingly chopped up into smaller and smaller fragments; the yield declined still
further and the class of landless labourers swelled in number.
The war and the post-war years have been years of further travail. The
initial years after the outbreak of the war brought some prosperity to the agricul-
turist ; but this was shortlived and the rise in costs of cultivation soon caught up with
the rise in agricultural prices. The standards of cultivation declined owing to a
combination of causes. Some of the good cultivators were drawn away to war
occupations; draught animals of good quality became more scarce and the material
requisites of production came to be in short supply. With the clamping down of
controls, the margins between cost and returns became narrower, while restrictions
on alienations of land, regulation of money-lending and the enforcement of other
debt relief measures caused increasing tension in the credit market.
No sooner was the war over than the country was overtaken by a fresh and
more Serious crisis. The partition of the country, followed by the movement to
and fro of large masses of population on a scale unprecedented in the history of the
world, brought problems, which it will take the united efforts of the whole nation
for a number of years to completely overcome. The Indian Union got 82 per
cent, of the population of undivided India, but only 77 per cent, of the area. About
7 to 8 lakh tons of foodgrains which used to be supplied by the areas now in Pakistan
were lost. This came on the top of the effects of war, during which period stocks
had almost been completely denuded and imports could be obtained only with
great difficulty. Agricultural production in the rest of the world was also very
slow in reviving, and the fact that Europe became increasingly dependent
on supplies from America, made India's chances of getting wheat from that country
more difficult. The South East Asian region, the rice bowl of the world, already
prostrated by the devastation caused by the war, became increasingly embroiled
in internal troubles and ceased for a time to be a dependable source of supply. In
the mean time, the necessity to keep the home industries alive and earn foreign
exchange for the purchase of capital requirements and essential supplies from abroad,
made it necessary for the country to step up the production of cotton and jute
besides that of foodgrains. At this grave juncture, when the resources of the country
were being already subject to very heavy strain, came the Korean War which made
supply and stocks position more difficult and gave a further thrust upward to costs
and prices.
The population during all this period of stress and strain had gone on expanding
at the rate of more than i per cent, per annum and now stands in the neighbourhood
of 360 millions. The density of population has continued to increase considerably
during the last half a century, representing a rise of 65 . 4 per cerit. as compared
with that of 1901. The Indian Union has an average population density of 296
persons per sq. mile, which is more than twice that of China, nearly six times that
of U.S.A.; more than three times as high as in Siam and Burma and about 50
per cent, more than in Franca This increasing pressure has further dwindled the
per capita sown area to less than 0*7 acres, touching as low as 0^27 acres in the
State of Travancore-Cochin.
The Grow More Food Campaign. It was in this context of growing scar-
cities and growing demand and the difficulty and expenditure involved in getting
supplies from abroad, that the policy of making the country self-sufficient in her
major requirements gradually took shape. The policy had its origin in the difficult
period immediately after the outbreak of the last great war, when the closure of
the foreign markets for Indian cotton, followed closely by the stoppage of food
supplies from abroad, forced on the Government the necessity of regulating for the
first time agricultural production in national interests. Vigorous efforts were made
to increase the area under foodgrains by diverting the acreage under commercial
crops, like cotton and jute, to food. The methods adopted to achieve this objective
consisted of propaganda and persuasion, fixation of minimum prices for foodstuff
at a comparatively higher level and legislative action. By an amendment of the
Defence of India Act then in force, the Government took over statutory powers
to control and regulate agriculture. Rule 88B was issued under that Act in January
Y944, empowering the Central and Provincial Governments to regulate crop areas
and to prohibit the growing of particular crops. Some Provinces and States like
Madras, Bombay, Hyderabad and Baroda took legislative action by compulsory
restriction of acreage under cotton.
In the mean while, a Conference of the representatives of the Central Govern-
ment, Provinces (now Part A States) and Indian States (now Part B States) which
met in April 1942, framed a number of resolutions which formed the basis of what
has come to be called the Grow More Food Campaign. The Campaign was designed
mainly to maximise the food supplies of the country in the shortest possible time
within the limits permitted by available resources. The measures taken under
the Grow More Food Campaign fall under the following heads :
(i) Attempts to increase the area under food and fodder crops by (a) bring-
ing new land* including fallow land, under cultivation; (b) double
cropping; and (c) diverting land from non-food crops to food crops;
(ii) Increase in the supplies of water for irrigation by the improvement
and extension of existing irrigation canals, the construction of addi-
tional wells, etc;
(iii) The extended use of manures and fertilisers;
(iv) An increase in the supply of improved seeds ; and
(v) Supply of agricultural machinery and implements.
The campaign has proceeded through different stages of change dictated by
circumstances and experience. Until 1947, there was no definite plan or target,
schemes were formulated on ad hoc basis by the States, and the Central Government
confined itself to granting subsidies and loans to such schemes as were approved
by it. In 1947, a five-year target was drawn up by the Central Government and
accepted by the States. Meanwhile, the partition of the country accentuated the
deficit in foodgrains; imports were increasing, causing a heavy drain on India's
foreign exchange resources. By 1949, it came to be felt that the food self-sufficiency
programme had to be placed on an emergency footing. The intention of the
Emergency Plan was to increase the country's production to the extent necessary
to make it self-sufficient in foodgrains by the end of March 1952. Imports there-
after w r ere to be confined to quantities necessary for (a) creating a reserve, (b)
meeting losses in production due to unexpected natural calamities, and (c) making
good the losses in foodgrains likely to be caused by the planned diversion of area
from foodgrains to cotton and jute. The Grow More Food Campaign has now
VI
i)cen assimilated into an integrated production programme which embraces food-
;grains, cotton, jute, oilseeds and sugarcane. It has been recognized that while
increased production of foodgrains is necessary primarily for meeting the consump-
tion requirements of the country, that of cotton and jute is essential for the supply
of raw materials for national industries and for avoiding unemployment and loss
of foreign exchange. The Campaign is now concentrated in selected zones likely
to show the best results, preference being given to schemes of permanent improve-
ment, like tubewells, etc., rather than to schemes of a recurring character.
The Grow More Food Campaign has served to high-light the weak spots in
the country's agricultural economy and bring up forcefully before the public the
need to reorganize agriculture on a more rational and productive basis. This is
evidenced by the great burst of legislative activity witnessed in recent years in
spheres of agricultural production in which the State had not so long interfered.
These comprise measures designed to bring more area under cultivation and measures
intended to stimulate production in areas already under cultivation.
Extensive Cultivation. From the statistical tables relating to land utiliza-
tion it would appear that large areas are potentially cultivable although for various
reasons they remain at present uncultivated.
Classification of Area India
Particulars
1. Area according to village papers .
2. Area under Forest .....
3. Area not available for cultivation
4. Other uncultivated land excluding current fallows .
5. Fallow land .......
6. Net area sown .......
7. Area sown more than once .....
8. Gross area sown . ....
Average 1936- (Thousand
37 to i 938-39 acres)
1948-49
546,228
81,505
91,038
86,984
48,665
268,108
581,436
83425
9^735
93'229
62,439
244,274
33,530
279>473
In the conventional estimates, therefore, an area of about 93 million acres
appear as cultivable waste. Much of this land, however, is practically uncultivable ;
some are covered by scrub jungles or infested by weeds; some are cut up into ravines
by soil erosion and some are highly malarial, water-logged or saline. From infor-
mation furnished by the State Governments, an area of only about 10 to n million
acres is definitely known so far to be cultivable under existing conditions and the
reclamation of even these would need heavy capital expenditure and time.* Besides
these cultivable waste lands, an area comprising about 62 million acres is classified
as fallow land. There has been a noticeable increase in the area of fallow land
since the pre-war period, due perhaps in some measure at first to restrictions on
the cultivation of commercial crops and the difficulty of immediately switching
over to food crops and later to the dislocation in normal production caused by
large scale movement of refugees after partition, unsettled conditions of tenure
following the several reforms which are in different stages of implementation,
shortage of credit and supplies, adverse seasonal conditions, etc.,
The result has been a rapid reduction in the per capita sown area revealing
the growing intensity of the pressure of population on the soil. In the pre-war
triennium, the population was 306.8 million; in 1950 it had risen to 357 *4t million.
On the other hand, the area under cereals has only increased by 3 * 5 million acres.
The per capita area under cereals has, therefore, declined by 12*7%.
* K. M. Munshi's Food and People, No. 2, p. 37.
f Excluding Sikkim. Figures supplied by the Census Commissioner.
VII
This pressing need to augment food resources and the no less imperative neces-
sity to increase side by side the production of cotton and jute to meet internal
demand, have made the Central as well as State Governments to consider seriously
all possibilities of extending the margin of cultivation to lands which have remain-
ed unused or gone out of cultivation. The steps taken in this direction include
measures for the reclamation of kans infested areas, cultivation of fallow and un-
cultivated land, the proper preservation and protection of land from soil erosion,
the undertaking of development schemes for the improvement of land in specified
areas, crop regulation and planning and the provision, wherever possible, of
facilities for mechanical cultivation. Necessary legislation has been passed in
many of the States enabling the Government to require the cultivation of all
cultivable land either by the proprietor or tenant himself or, if he was unwilling,
through any other agency that Government may designate. Acts have been
passed for securing the other objectives also.
Intensive Cultivation. A more fruitful source of securing increased pro-
duction is by the more efficient cultivation of land which is already under the
plough. The schemes for this purpose include (a) work schemes, such as cons-
truction of wells, tanks, channels, small dams, contour bunding, etc., and (b) supply
schemes such as the distribution of chemical fertilisers, manures, compost and
improved seeds and schemes for plant protection.
Low yield and its causes. The most outstanding feature of Indian
agriculture is the consistently low yield per acre of most of the principal crops
grown. The yield in India is one of the lowest compared with the other countries
of the world.
Countries Yield per Acre in pounds*
Rice Wheat
I. Canada . . . 1,032
2. Mexico . . . 1,940 732
3. U.S.A. . 2,066 1,032
4. Denmark . ... . . 2,964
5. France . 2,655 1,470
6. Italy . . , 4,050 1,2 1 8
7. Spain . . . 3,627 888
8. U. K. . . . . .. 2,136
9. U.S.S.R. (1935-39) .... 1,904 714
10. China . . . ,2,201 936
11. Siam .... . *39*
12. Japan . . . 3,281 870
13. Egypt . 3,155 1,560
14. Argentine . . 2,187 894
15. Australia ... . 3,906 534
1 6. New Zealand . . ...... . . 2,286
17. India & Pakistan ... ..... 1,094 57^
Some explanation of the comparatively low yield may be found in the climatic
and ecological factors which affect production and in the different methods of
computation in India and in other countries. There is an absence of adequate
data on yields of the major food crops in relation to wide ranges in climatic
Source. United States Department of Agriculture, Agricultural Statistics, 1949.
viii
and soil types prevailing in India. The raising of more than one crop in an
area and more than one cropping in a year also make comparison of yields
difficult. Even after making allowance for all these factors, however, it must be
conceded that the yield of crops in India is exceedingly low as compared with
other countries.
A more disconcerting feature of the situation is the gradual fall in the yields
oi the principal food crops. The yield per acre of rice has fallen from 866 Ibs.
in 1929 to 699 Ibs. in 1948 and of wheat from 741 Ibs. to 573 Ibs. per acre during
the same period. Dr. Panse has computed, from information available in Ain-i
Akbari, that the average yield on medium type of poolej (annually cultivated)
land during the reign of Akbar, was 2,240 Ibs. on an acre of wheat land (equal
to the present average yield in Western Europe), 2,333 ^s. on rice land (equal
to that in China) and 1,910 Ibs. on jo war land.* The downward trend of yields*
may be due partly to new marginal lands of lower level of fertility having been
brought under cultivation as a result of the relentless pressure of population on
the soil, and partly to other reasons. The more important of the latter are
(i) poor water supply, (2) inadequacy of manures and fertilisers, (3) inferior quality
of seed, (4) unscientific Cultural practices and ill-planned distribution of crops,
and (5) absence of measures" for crop protection. Defective farm organization,
resulting from the uneconomic size of the production unit, lack of capital for
operational and improvement purposes, low quality of cattle, mechanical and
human power employed on land and failure to connect research with applica-
tion, is another important contributory cause which will be dealt with in more
detail in other volumes.
Water Supply. The most important factor for improving per acre yields
is adequate and timely water supply. Out of about 243 million acres of net
area sown in India, the total irrigated area amounts only to about 51 million
acres or 21 per cent. About 4/5th of the cultivated area is thus dependent
purely on the monsoon. Even in irrigated areas, the supply is often defective
with the result that delayed plantings cause much avoidable loss amounting to
20 to 30 per cent, of normal yields. In regions of heavy rainfall, absence of proper
drainage facilities depresses yields and throws land out of cultivation by yearly
erosion of soil. It is estimated that about 2 per cent, of surface soil is lost every
year through erosion. f In areas of low rainfall, yields a:\ a kept down for want
of sufficient nutrients in the soil, or if manures and fertilisers are applied, they
do more harm than good in the absence of adequate water supply. The high
average yields of rice in Japan, Italy and Spain are due to its cultivation under
irrigation and heavy manuring. In Japan about 95 per cent of the area under
rice is irrigated, while in India not more than 25 per cent of the rice area is under
irrigation. The construction of large dams and irrigation projects can be done
by Government, but it may be possible for minor irrigation works like tanks,
wells and small canals to be constructed and maintained by the cultivators them-
selves, if necessary with assistance from the Government, either individually or
co-operatively. In the interests of efficient cultivation, the repairs, improvements
and construction of small irrigation and drainage works and embankments even
on private lands have come to be recognized as a public responsibility, and Gov-
ernments have armed themselves with necessary legislative sanction for enforcing,
or carrying out works of this kind.
Manures and fertilisers. Due to continuous cropping and indifferent
manuring, the soils in most of the areas in India have become stabilized at a very
low level of fertility. The soil is the main source of food material to the crops
* Paper read by V. G. Panse before the Meeting of the Crops and Soils Wing of the Indian
Council of the Agricultural Research, March 1950.
f Paper read by Captain V. M. Chavan before the Meeting of the Crops and Soils Wing of the-
Indian Council of the Agricultural Research, March 1950.
IX
and should be capable of supplying the requirements of the plants in respect
of their main ingredients in a balanced proportion year after year. In tropical
and subtropical regions, the humus in the soil is burnt away by the scorching
heat of the sun. The organic bye-products of most crops, such as stalks, leaves,
etc., are utilised as cattle feed or thatching material and are not returned to the
soil except in small proportions. Of the cattle dung produced, equivalent to
about 200 million tons of Farm Yard Manure, it is estimated that about 40 per
cent, is used as fuel, 20 per cent, is lost and only about 40 per cent finds its way
to the soil. Green manuring has gone down in practice owing to the difficulty
of getting water and the encroachment of cultivation under pressure of popula-
tion. The convex sion of vegetation and refuse into compost has not been resorted
to on any wide scale until recently. Poudrette is not used on account of religious
and social prejudices. Thus the humus status of the soils has been steadily going
down. The best results are secured when both organic and inorganic materials
are used in suitable combination for manuring, the latter in small quantities as
top dressing at planting time or soon after. In China and Japan, it is reported
that as much as 67 per cent, of the nitrogen applied to ciops is in the form of
compost. Together with the increased use of artificial manures and fertilisers,
therefore, every effort has to be made to prepare and conserve Farm Yard
Manure and compost out of villages and town sweepings and garbage.
Varieties. A minimum of 10 per cent improvement in yields by the use of
improved varieties cai, it has been established, be easilv secured. However, in
spite of years of extension services, it has been estimated that only 20 per cent, of
the area is under such improved varieties. To achieve the rapid spread of such
varieties, considei ctble improvements in the existing organization for multipli-
cation and distribution of seeds will have to be effected and measures for en-
couraging the use of these seeds taken.
Cultural practices. India has a bng traditior of sound cultural practice. But
there has been a gradual deterioration due to lark of encouragement, proper
technical help and the migration of more efficient agricultural labourers to
industrial cities. In several directions the existing practices require improve-
ment. It is roughly estimated that in nearly 30 per cent, of the cultivated area,
cultural operations are often delayed due to lack of proper facilities. The advan-
tages of tansplanting of rice crop instead of broadcasting in areas of assured water
supply, thin sowing of rice in nursery areas, early ploughing, weeding, etc., will have
to be brought home to the agriculturists. In any scheme of long range planning,
the aspect of proper distribution of crops in relation to ecological adaptability
will have to be taken into account.
Study of recent legislation. There has thus been in recent years a
greater appreciation of the dangers to crop production which result from negli-
gence or ignorance of the factors mentioned above. This has found expression
in legislative enactments which seek to enforce better standards of cultivation in
the general interests of the community.
The war and the partition of the country and the resultant scarcity in food
and industrial raw materials tended to change radically the attitude of the Govern-
ment to agricultural improvement. The immediate necessity for legislative action
in the sphere of agricultural production was no doubt the need to bridge the gap,
within as short a time as possible, between requirements and resources. But
underlying these was also a change in the basic conception of Government's
responsibility for evolving better standards of production and for improving the
living conditions of the rural community. Agricultural improvement thus ceased
to be solely the problem of the administrator and the research worker, but also a
social responsibility, on which the community felt increasingly compelled to give
its opinion and to lay down directives of action. This change in attitude is reflected
in the extraordinary legislative activity witnessed in recent years in the sphere of
agricultural production. The legislative steps taken in this direction cover broadly^
the measures designed to secure extension . and improvement of agriculture and
rural development.
The important Acts passed by the different States for these purposes may be
broadly classified under the following heads :
(i) Extension of cultivation.
(ii) Crop planning and crop regulation.
(in) Improvements in Agricultural practices.
(iv) Permanent improvements in land.
(v) Preservation of crops and cattle.
(vi) Rural development.
EXTENSION OF CULTIVATION
Fallow and Waste Lands. In most of the States, large areas of culturable
lands which are included in holdings or survey numbers are lying fallow for
various reasons. In some cases, rents are paid for these lands, but the owners
do not think it worth their while to bring the land under cultivation; in others,
no rent is paid for the lands but the lands are still left uncultivated mostly because
of lack of incentives to bring them under cultivation. Some of these lands are
also not cultivated because of the fear that if the lands are let out to tenants,
they may come to acquire permanent rights in the land. The legislations passed
in regard to the cultivation of fallow lands have, therefore, as their main objective,
the compulsion of the owners of such lands to bring these lands under cultivation
either themselves or through lessees. The Central Provinces and Berar Cultivation
of Fallow Lands Act, 1948 (as amended subsequently) requires that every holder
shall cultivate each year so much area of occupied land as was under cultivation in
the immediately preceding year. He shall, however, be liable to bring fallow
lands under cultivation according to a sliding scale for different groups of land-
holders based on the area of occupied land held by them. Non-observance of this
provision makes them liable to a fine, which may extend to Rs. 25 per acre of area
required to be cultivated under this Act. Certain lands, which are used for fodder
crops or for grazing catties are exempted from these provisions on application
from the occupants. In cases, where the right holder is unable to make arrange-
ments for cultivation, he may apply to the village committee and thereafter the
Tehsildar will lease out such land to a tenant for cultivation or to a suitable lessee
for a period not less than 5 years and not more than 7 years on the bare assessment
or on such terms as can be secured. It is also provided that legal disability conse-
quent on the habitual sub-letting of land or the leasing of khud kasht land will not
apply to the fallow land so leased out. The Act, therefore, safeguards the rights
of the original holders of the land.
The U.P. Land Utilisation Act, 1947 (extended to Delhi, Bhopal and Ajmer),
and the. Punjab Land Utilisation Act, 1949, also require the owners to take steps
to get the land cultivated if it is remaining uncultivated for a specified period
(one season in the case of U.P. and six harvests in the case of Punjab). If the
landlord fails to cultivate the land as directed, the Collector is empowered to get
such land cultivated on behalf of the Government by a tenant for such period as he
thinks necessary. Under the Punjab Act, the period for which the land is let out
is not less than 8 years. The land is to be leased by auction, but it is proposed to
give preference to co-operative farming societies. In order to enable landlords to
undertake cultivation, the Punjab Government are advancing loans for sinking
of surface percolation wells and purchase of tractors and for installation of tube-
wells, pumping sets, etc. Besides these facilities, Government tractors maintained
by the Agriculture Department, are given on hire to landlords. The period of lease
of the lands so taken over is generally not less than 7 years and not more than 20*
XI
years. Notice is given only in regard to such lands as can be usefully broken and!
are not required for essential purposes other than growing more food, e.g., grazing,
fuel, plantation, etc. The leased lands are included in the scheme only if they are
not required for a common purpose. The lessee is not authorised to assign, transfer,
mortgage or sub-let the land leased or premises thereon or any part thereof, neither
can they use the land for any purpose other than that of sowing food and fodder
crops.
The Madhya Bharat Land Utilisation Act, Samvat 2007 (Act No. 38 of 1950),
also contains similar provisions relating to fallow lands. Under the Act, the State
may fix the ratio between the cultivated and fallow land and enforce it even in the
backward tracts by offering incentives in the shape of reduction of rents if the ratio
is observed. If the percentage of fallow land in the holding of a tenant is higher
than what may be fixed by the Government for the area, the Tehsildar may call
upon the tenant to bring the excess fallow land under cultivation by himself or
through a sub-lessee from the succeeding agricultural year. If it is shown that the
land is not capable of being cultivated, or that it is already being cultivated, the
Tehsildar is empowered to cancel the notice given. If the tenant refuses to comply
with the orders, the Tehsildar is empowered to sub-let the land for a period not
exceeding five years and the tenant shall be entitled to receive the rent from the
sub-lessee. The Act provides a penalty of Rs. 500 for contravention of the provision.
Mysore has also brought forward a similar Bill, viz., the Cultivation of Fallow
Lands Act, 1951, under which the holder of occupied land in excess of 10 acres of
wet land or 15 acres of dry land may be required to cultivate himself or through
a lessee, such additional area of fallow lands as the Amildar may specify. Lands
required for grazing can be exempted from these provisions. A penalty, which
may be equal to one year's assessment, can be imposed on the holder for not carrying
out the directions of Amildar. The Amildar is also empowered to lease out such
lands for 5 years to a suitable lessee if the owner expresses his inability to carry out
the orders.
For reclamation of waste lands, Acts have been passed in the States of Bihar,
Punjab, Ajmer, Delhi and Bhopal, empowering the State Governments to declare
any area as "Reclamation Area" and to acquire it for the purpose of reclamation
and improvement. Several Land Utilisation Acts already referred to, also con-
tain provisions for bringing both waste and fallow lands under cultivation. Simi-
larly, for the purpose of eradication of kans, the State Governments in Bhopal,
Madhya Pradesh and Madhya Bharat can undertake the necessary operations.
The Governments are also empowered to appoint Kans Eradication Committees
to assist them in carrying out such work. Where the State takes up the land for
reclamation and cultivation, the cost incurred can be recovered from the land-
lords in one lump sum or in a number of annual instalments. In Bhopal, the
payments to government may be in cash or kind. The Bihar measure, which is
very comprehensive in scope, provides for a maximum period of possession, i.e.,
ten years, repayment of charges due to the Government in not more than ten instal-
ments and 3 per cent, interest on payments thus due. To facilitate mechanical
operations, the Reclamation officers in Bhopal are empowered to reshape the hold-
ings, provided the aggregate area of any holding does not, as far as possible, increase
or' decrease as a result of re-shaping. The reclaimed land will, after the operations
are completed, be restored to the owners. The Delhi and Ajmer-Merwara Land
Development Act, 1 948, also provides for the constitution of Land Development
Boards, which may draw up schemes for the reclamation of lands lying waste due
to water-logging, accumulation of sand, growth of jungle, soil erosion or any other
causes. The execution of such schemes may be entrusted to any person,
or the owner himself can do it if he so wishes, or it may be got done by the
Land Development Commission. Under the Land Reclamation Acts, reclamation
is generally done by the Government and the cost recovered from the landlord.
Under the Land Utilisation Acts, which apply also to waste lands, the owner is
Xll
directed to reclaim the lands in the first instance and it is only on his failing to do
so that the Government arranges for its cultivation. The Travancore-Cochin
Land Development Act, 1950, similarly provides for the Constitution of Land Deve-
lopment Boards for carrying out improvements in land and for reclamation of
water-logged or otherwise waste land.
Encouragement for bringing uncultivated lands under cultivation is also
sought to be given by the provision of definite incentives. The Kumaun Nayabad
and Waste Lands Act, 1948, gives every person cultivating land in Kumaun District
a right to extend his cultivation over adjoining un-measured land. The person
so extending cultivation shall possess the same rights over such areas as he has in
his original cultivated area. Villages, in which 75% or more of the total culturable
area has already been brought under cultivation, or where the Deputy Commissioner
of the Division has prohibited such extensions without his permission are, however,
exempted from the operation of the Act. In Assam and Madhya Pradesh, the
assessment on revenue-free lands has been increased to full level so that the owners
may be induced to put such lands under the plough in order to raise enough to cover
the land revenue. The Madhya Bharat Land LItilisation Act gives exemption
from the payment of rents in respect of lands, which are brought under cultivation
in economically backward and under-developed areas. The Act also enjoins the
landholders and tenants to" bring at least half the area under cultivation within
one year, three-fourth within two years arid at least nine-tenth of the area within
three years. Indirect incentives in the shape of ultimate ownership are also given
to the landlords, who otherwise would lose these lands under the Zamindari Aboli-
tion Acts in Madhya Pradesh and Madhya Bharat and under the Talukdari Aboli-
tion Act, 1949, in Bombay, if the landlords bring under cultivation such waste
lands in their possession before the date of vesting.
IMPROVEMENTS IN AGRICULTURAL PRACTICES
Improved Seed. The use of improved varieties of seeds has been encouraged in
various places by the distribution of better yielding strains at reasonable or subsidized
prices. Though arrangements for distribution of improved seeds, sometimes treated
with sulphur to prevent misuse, have been made in some States, yet only in Punjab
has an act been passed by the Government assuming responsibility for supplying
improved seeds to the cultivators through authorized agents. The Punjab Improved
Seeds and Seedlings Act, 1950, makes it incumbent on the cultivators in any notified
area to use only the improved varieties stored by authorized agents on behalf of the
Department of Agriculture. Such authorized agents are required to stock only
improved varieties of seeds and seedlings and are prohibited from withholding
supplies of such seed. The officers of the Agriculture Department are empowered
to enter any field for the purpose of ascertaining whether improved varieties are
being grown or not. Any offence against the provisions is punishable with a fine
which may extend to Rs. 100. Under the Delhi arid Ajmer-Merwara Land Deve-
lopment Act, 1948, the Goveinment can draw up a scheme for introducing improved
varieties of seed.
Manures. The farmers' main sources of manures are cattle dung, green
manure, oil cakes and, to a limited extent, artificial fertilizers. In order to see
that full use is made of the potential manure available in the town and village
refuse, the State Governments have directed the Municipalities and Village Com-
mittees to prepare compost from such refuse. The Bombay Municipal Boroughs
(Amendment) Act, 1949, and Madhya Pradesh Municipalities (Third Amend-
ment) Act, 1949, have been passed to include "disposing of night
soil and rubbish and if so required by the Provincial Government
preparation of compost manure from such night soil and rubbish", among the
functions of the Municipalities. In the Punjab the Small Towns Committees
Act, 1921, and the Municipal Act, 1911, have been amended to require such
Committees to convert dung into compost manure in the prescribed manner. The
Xlll
Committees, if they require land for making pits and trenches, can acquire it on
payment of compensation. Similar legislation has been passed in some other
States, for example, Madhya Bharat and Hyderabad. The East Punjab Conserva-
tion of Manure Act, 1949 (as amended in 1950), provides for the setting up of Manure
Conservation Committees. The State Government is empowered to declare
any area situated within the limits of any one tehsil to be a notified area, and the
occupier of any building in such area is required to conserve manure, or arrange
for its conservation, in the prescribed manner and to the prescribed extent. The
Manure Conservation Committees are vested with funds to be utilized for meeting
charges in connection with theii duties under the Act. The Committees are autho-
rized to depute officers or member s to enter upon any land and to ascertain whether
manure is being conserved in the prescribed manner. The penalty for disobedience
is Rs. 25 for the first offence, with a further fine, which may extend to Rs. 4 for
every day after the first, during which the offence continues. The work of the
Committees may also be supervised by the Deputy Commissioner. The Madhya
Bharat Refuse (Conversion into Manure) Ordinance, Samvat 2006, also embodies
the same principle and requires every head of the family to conserve manure. The
Hyderabad Requisitioning of Land Ordinance of 1 95 1 F. provides for the appoint-
ment of a "competent authority" to arrange for the composting of village refuse or
preparing any other form of manure. The State Government, for the purposes
of this Act, may acquire any land which may be required by the competent autho-
rity.* The Delhi and Ajmer Land Development Acts provide for the supply of
manure through the Boards set up under the Act.
The movement and sale of important manures and fertilizers, like oil cake?,
etc., have been controlled in many States under the various Acts passed for the
control of essential supplies. In Madras, an order under the Essential Supplres
(Temporary Powers) Act requires licensing of manure dealers.
Tractor Cultivation. Tractor cultivation is being carried on in some States
for reclamation of culturable waste lands. In the Punjab, the Government have
extended to all cultivators the facilities to get their lands cultivated by Government
tractors on payment of necessary charges. The East Punjab Tractor Cultivation
(Recovery of Charges) Act, 1949, requires that persons desirous of availing this
facility should deposit the necessary charges along with their applications. Bona fide
refugees are exempted from this advance deposit. The exact fees for each type
of operations, like ploughing, discing, seed drilling and sohaga (Harrow), are pres-
cribed under the rules for different krnds of soil.
It is also provided in the rules that at least a minimum area of 40 acres, whether
owned singly or jointly by a number of landlords, should be offered at one time.
The Madhya Bharat Government have also passed an Act, the Madhya Bharat
Tractor Cultivation (Recovery of Charges) Act, samvat 2007, Act No. 83 of 1950
on the same lines as the Punjab Act. Some of the State Governments are also
giving taccavi loans to the cultivators for the purchase of tractors.
PERMANENT IMPROVEMENTS IN LAND
Soil Preservation. In order to prevent the soil from deterioration and to
recover the losses due to erosion, the Governments have enacted legislation which
permits them to maintain the fertility of the soil by taking anti-soil erosion measures.
The Punjab Land Preservation Act, originally passed in 1900, has been amended
in 1950, and aims at controlling and checking the draining away of soil. A similar
Act passed in Jammu and Kashmir provides for better preservation and protection
of certain portion of the State situated adjacent to the mountainous range liable
to be affected by the action of water. The Government may call upon the owners
of the land within the notified area to take the indicated steps within a definite
* This Ordinance has not been enforced, as its provisions have already beof covered by the
Hyderabad Municipal Act. v
XIV
period in order to (i) regulate the flow of water of the khud or nalla, (ii) prevent
the widening or extension of bed of such nallas, and (iii) reclaim and protect any
site situated within the limits of such beds. In case of default, the Government
may eject the tenant and take the necessary measure. In 1946, the Government
of Bombay appointed a Land Improvement Committee, which, inter alia, suggested
various methods for soil conservation and land improvement. The Bombay Land
Improvement Schemes Act authorises the Government to take steps for preserva-
tion and improvement of soil, prevention of soil erosion, control and maintenance
of tree growth, and prohibition and control of grazing. Every district in Bombay
will have a Board with representatives of the public, besides officials, for the pre*
paration of improvement schemes. In Bengal and Madras, this task will be entrusted
to the Board of Revenue and the prescribed authority respectively, whereas in
Travancore-Cochin, Delhi and Aimer, the State Government will set up Land
Development Boards for the same purpose. Officers will be appointed to draw up
draft schemes for notified areas including therein the objectives, of the measure,
the boundaries of their operation, the approximate area of land and the works to
be executed. The Madras Land Improvement Schemes (Contour Bunding and
Contour Trenching) Act, 1949, also provides for preparing schemes for land improve-
ment, including contour bunding and contour trenching and their execution in
the same way as the Bombay and Ajmer Acts. The schemes may be passed, rejected
or modified by the Boards in the light of the criticism by those affected, or on its
own consideration. In Bombay and Bengal, the schemes are to be finally approved
by the State Governments. In other States, the authority of the Board is final.
Again, in Bombay, if the number of affected landholders who oppose the scheme
is more than 33% of the whole area, or if the area held by them is more than 33%
of the aggregate area, then the scheme may be dropped. In Bombay, Madras,
Delhi and Ajmer, the landholders might execute this scheme, but in case of unsatis-
factory progress, the execution may, in Bombay and Madras, be taken up and
finalized by the authorities at the owner's cost.
The Government may call upon the beneficiaries to pay the whole or part of
the cost incurred. This amount and other dues are to be recovered as if they are
arrears of land revenue. In Bombay, if a certain minimum improvement of land
is desirable, the Reclamation Officer may take up the execution of the schemes
without caring for the contemplated schemes of the landholder. The landholder
is required to repair and maintain the work on his land. Rents might be enhanced
as a result of the improvement affected. If famine or scarcity conditions prevail
or are apprehended, the Government may direct the preparation of improvement
schemes for threatened areas.
The Bombay Khar Land Act, 1948, provides for the protection of khar land
and reclamation of tidal land by construction and maintenance of embankments.
The State Government are required to appoint a Khar Land Development Board
to prepare and carry out schemes for the purposes of this Act. The Board may
make a preliminary survey of all the khar and tidal lands in the State and prepare
a scheme for each unit with a detailed estimate of the cost of the scheme. The
scheme will thereafter be published for eliciting criticism and will be confirmed by
the State Government with such modification as may be necessary. After the
scheme has come into force, the Board shall execute it in accordance with the rules
prescribed in that behalf. The cost of the scheme will be met by a contribution
by the Government, the landlords and the tenants in the proportion of 40 : 40 : 20
per cent, respectively.
IRRIGATION
The greatest single factor limiting agricultural production in the Indian Union
is the lack in most parts of the country of an adequate well-distributed supply of
water. Construction of multi-purpose and large irrigation projects forms part of
a long-term scheme for land improvement. In any short-term programme, on
XV
the other hand, much can be achieved by improving the existing facilities, e.g., by
de-silting tanks, minimising seepage and by the extension of available irrigation
facilities. Such improvements are necessary, as they assure an adequate and
regular supply of water, which not only increases the productivity and yield of
land, but also helps to eliminate the dependence of about 4/5 th of the total cultivated
area on the vagaries of monsoons. Thus, legislative measures have been taken
by the States like Assam, Bihar, Bombay, Madhya Pradesh, Madras, Cochin,
Orissa and Madhya Bharat, to improve the existing irrigation facilities. The
enactment in these States empower the respective Governments to requisition and
acquire land for the construction of new and extension or improvement of existing
irrigation works. The legislation in these directions cover the improvement of
water courses and construction of channels, and the repair and cons-
truction of tanks and the maintenance of embankments and drainage works. The
older enactments on irrigation cover a wide range of subjects, like the definition
of rights in water, payment of compensation, construction and maintenance of
canals, water-courses and private irrigation works, conscription of labour for effecting
repairs to irrigation works which are necessary to prevent imminent danger to
property, constitution of Irrigation Panchayat and powers to requisition any private-
ly owned tanks, canal or water-courses for pui poses of providing irrigation lacilities
to sui rounding lands.
Water-courses and canals. The Bombay Irrigation Act, 1879 ( as amended
subsequently), provides for the constitiction, maintenance and regulation of canals,
for the supply of water theicfrom and for the levy of water rates. The Act empowers
canal officers appointed under the Act to enter any land for regulating water
supply, repairing water courses and for taking measures for the prevention of acci-
dents and removal of obstructions to drainage. Any person desiring to construct
a new water-course may apply to the canal officer concerned to construct the same
on his behalf. The owners of water-courses are bound to maintain such water-
courses in proper repair and allow their use to those permitted by the canal-officer
and the Collector. If the owner fails to execute work or repair water-course
the canal officer may execute the same and recover the cost from the owner. The
Act also empowers the canal officer to conscript labour for works or repairs urgently
needed in case the labourers required for the purpose cannot be obtained in the
ordinary manner.
The Travancore Irrigation Act of 1897 and the Cochin Irrigation Regulation
of 1935 classify irrigation works into Major, Minor and Petty Irrigation Works.
Major Irrigation Works are those which irrigate an area of land exceeding 200
acres. Petty Irrigation Works under the Travancore Act include all works irrigating
an area not exceeding 5 acres and under the Cochin Regulation an area not exceeding
10 acres. Minor Irrigation Works include all irrigation works other than Major
and Petty. The construction, repair and maintenance of Major Works devolve
on the Government and of Petty Irrigation Works on the proprietors of the lands
benefited by such works. In Travancore the Government may determine by
Rules the terms of construction and repair of Minor Irrigation Works, while in
Cochin the Regulation makes the Government directly responsible for the construc-
tion, repair and maintenance of Minor Irrigation Works also. In case the pro-
prietors of lands benefited by the Petty Irrigation Works are unable to carry out the
repairs, they may apply to the Government through the Division Peishkar (Govein
ment Officer) in Travancore and the Panchayat in Cochin, who may carry out the
work with the consent of the Government. If the proprietors fail or refuse to execute
the work satisfactorily, the Registrar of Village Panchayats may cause the work to
be carried out at Government cost, which will be recovered, pro rata, as arrears of
public revenue. In the case of Major Irrigation Works, the Cochin Regulation
allows the Government to levy a cess on acreage basis in a manner which will ensure
the Government a return of 3 per cent, on the capital outlay after making allowance
for depreciation and maintenance.
XVI
The Mysore Irrigation Act of 1932 (as subsequently amended) also makes,
provision for the appointment of Irrigation Officers with powers to enter upon
any land for purposes of inspection or regulation of the use of water and manage-
ment of any irrigation work. Powers are also given to impress labour for urgent
works of repair and to cause necessary works of repair to be carried out by the
owner or occupier of land in which a water course is situated, or to carry it out
himself and recover the cost from the defaulter. The Deputy Commissioner is
empowered to constitute Irrigation Panchayats whenever he is satisfied that a
demand exists for the same.
The Bihar Public Irrigation and Drainage Works Act, 1946, which supersedes
the Bihar Public Irrigation Works Act, 1939, and incorporates some new provisions,
is designed to meet the needs of increased demand for irrigation works. Under
this Act, the Government, either of their own accord or on report from any person,
may draw up a scheme and after hearing the necessary objections, execute it. The
lands required for this purpose will be acquired under Land Acquisition Act, 1894.
For recovering the costs from the beneficiaries, a register shall be prepared which
will contain the list of rates that will have to be paid by the beneficiaries on account
of costs and interest charges. If necessary, a cess to cover the costs of maintenance
charges will also be levied in addition to the above rates. Bihar has also passed
a Private Irrigation Works Act, 1922 (with subsequent amendments), empowering
the Collector to issue an order requiring the repair, extension or alteration of any
private irrigation work or in cases of emergency to undertake the work himself
and recover the cost in the manner prescribed under the Act. The Collector after
due enquiry may vest the responsibility for the maintenance of the work on pancha-
yats specially constituted for the purpose, or on the village co-operative society or the
village panchayat, in case the person or persons responsible for its maintenance
is or are not likely to do so properly.
The West Bengal and Assam Acts for Land Requisition and Acquisition and
he Delhi and Ajmer-Merwara Land Development Act, 1948, also enable the
Government to acquire land for providing facilities for embankments, irrigation and
drainage.
The Madras Irrigation Works (Repairs, Improvement and Construction)
Act, 1943, empowers the Government to repair or improve private irrigation works,
to construct new irrigation works on private lands and to supply water from Govern-
ment irrigation works to private irrigation works. The landholders of mch estates
are entitled to increase their rents from the ryots and the latter are not allowed to
refuse a supply of water from such improved irrigation works. Similarly, the
Irrigation Works (Construction and Levy of Cess) Act, 1947, passed for Malabar
District in Madras empowers the Government to acquire lands in accordance w ; th
the provisions of Land Acquisition Act, 1894, for constructing irrigation works
of any kind and for utilising the water in any water-course for the purpose of irri-
gation, even though this may infringe rights of any persons to utilise their water
for irrigation. No person will be permitted to interfere with the flow of water in
any water channel constructed by the Government. Provision has been made to
constitute a special Court for determining compensation to persons whose rigl ts
are affected under this Act. In order to regulate the use of water from the new
constructions, the Government will issue permits to the cultivators. The latter
can appeal to the District Collector if they think it is disadvantageous to them to
use water on such terms. The Government will levy water cess according to the
prescribed rules. The amendments to C.P. Irrigation Act, 1931, also provide
for construction of water courses for irrigation purposes. The Irrigation Panchayats
functioning in this State will be responsible for the proper maintenance of such
water-courses. Due to poor demand of water for irrigation purposes in certain
areas, the Act has provided for a compulsory assessment of water rate for land
commanded by State Irrigation Works.
Provisions for the appointment of canal officers, construction and maintenance
of works, levy of water-rates, requisitioning of labour, etc., are contained in the
XV11
Madhya Bharat Irrigation Act, 1950. Water rates are charged on both the occupier
as well as the owner. If there are areas where ample prospects of increased culti-
vation through the resources of irrigation exist, but are not being made full use of,
the Government may declare such area as irrigation area and impose a compulsory
irrigation cess on such area in order to promote interest of the local public in irriga-
tion.
Tanks. For the improvement of tanks the Governments of Mysore, Madras,
West Bengal, Madhya Pradesh and Cochin have passed special legislation.
The Mysore Act, entitled the Minor Tank Restoration Act, passed in 1916
'(and subsequently amended), empowers the Government to take up the restoration
of any existing minor tank after due notice. One-fourth of the actual cost of the
restoration or one-fourth of the estimated cost is recoverable as contribution from
-all the raiyats holding lands under the tank in the proportion of the assessment
payable on such lands.
The Madras Irrigation Tanks (Improvement) Act, 1949, empowers the Govern-
ment to raise the full tank level or take measures for raising its capacity or efficiency
in all areas whether zamindari, ryotwari or inamdari. Under the West Bengal
Act, the Government will first order the owners to carry out the necessary operation
to improve a tank that has fallen into disrepair or disuse. In case they fail to do
so, or state their inability, the Government will declare the tank to be a derelict
irrigation work and may carry out the operations themselves, or authorise a local
authority, co-operative society or any other person to do so preference being given
to a coparcener. Such an authority, society or person will enjoy the benefits from
the tank for a period up to 25 years. The Government can further acquire any
adjoining land if it is found necessary. During the period of occupation, the autho-
rised person will have to pay rent and compensation to the owner. Provision has
also been made to extend the benefits of increased water facilities to cultivators on
payment of a cess. This Act, however does not provide for the construction of any
new tanks. The Government pay a subsidy ranging from 33 2/3 per ceit. to 75
per cent, to meet the increased cost of labour wages. Water rate charges are not
to exceed Rs. 3 per acre per annum. The Madhya Pradesh Government are also
empowered to requisition any private tank, canal or water-course under Act XIX
of 1948 when they think it necessary for the purpose of providing better facilities
for irrigation. The management of such irrigation works vest with the Govern-
ment who administer it as other irrigation works in the State. The Bombay Govern-
ment can also execute schemes for improvement of tanks under the Land Improve-
ment Act, 1942. An Act, called the Preservation of Erus Act (XXIII of 1120) in
Cochin requires the owners and persons in possession of Enes, i.e., tanks,
canals and other reservoirs used for storing water, etc., to furnish their
particulars to the Government within a specified period. They are further prohi-
bited from converting them into wet lands or parambas. The penalty for disobe-
dience of these provisions is Rs. 200 and this can be recovered as arrear of land
revenue. If these Erus are not maintained in good order, the Peishkar may require
the owners to repair or restore them, failing which the Government will carry out
the necessary improvements and recover the expenses incurred on this.
Embankments and drainage. Proper embankments and drainage facilities
are necessary to improve the land and to prevent floods and soil erosion by over-
flow in rainy season. The State Governments in a number of States, e.g., Bihar,
Ajmer, Delhi, Assam, Madras, etc., have assumed necessary powers to construct
embankments and drains whenever they consider it necessary. The Assam Em-
bankment and Drainage Act, 1941, empowers the Embankment Officers to enter
and survey any lands, to bore, level or do other works which help them to find out
^whether any improvement is needed. The Embankment Officer is authorised to
construct, remove or alter any embankment or drain if it is necessary for the safety
of any town or village or for preventing any loss to property. Such schemes wiU
XV111
have to be approved by the Deputy Commissioner who will cause it to be published
for eliciting public opinion. In cases of grave and imminent danger to life or
property, the Embankment Officer may forthwith commence the necessary opera-
tions before giving the routine notice. If the interests of any person are adversely
affected by the above operations he is entitled to compensation for the damage
done to his property. If any person wants to construct any bridge, culvert of syphon
in the existing 'public 5 drain, he may apply to the Deputy Commissioner, who
will proceed to examine it after consultation with appropriate authorities. The
scheme if accepted will be implemented. The owners and occupiers of all lands
who benefit from such schemes will pay rates to meet the costs, which will be reco-
vered as arrears of land revenue. The Act further imposes penalties for grazing
cattle, cutting out roots or grass, taking any vehicles or the doing of any other act
which may damage the public embankments. The Bihar Public Irrigation and
Drainage Works Act 1946 has similar provisions for construction and repair of any
drainage work or a scheme for flood control. These works will be maintained by
the Government.
PROTECTION OF CROPS FROM PESTS AND DISEASES
The insects, pests and diseases of plants take a very heavy toll of crops
annually in almost every State. Several measures have been taken for the control
of plant diseases and fungi by propaganda and persuation through co-operative
and other rural development agencies. Owing, however, to the general apathy
and ignorance of some of the cultivators and alsc in the absence of co-ordinated
effort on the part of all cultivators in the affected area, it has not been found
easy to eradicate these pests and diseases effectively. It is necessary that all the
landowners should co-operate, if the measures are to be effectively carried out.
It has, therefore, been found necessary for the Government to take powers to
coerce the recalcitrant minority to fall in line with the majority in the execution
of particular schemes. Accordingly, the Centre as well as some of the State
Governments have enacted legislation to acquire powers in notified areas, from
where the removal of particular plants and trees can be prohibited in order to
localise any fungus or disease. Under the provisions of the Destructive Insects
and Prsts Act, 1914, the Central Government is empowered to prevent the intro-
duction and transport from one State to another in India of any insect, fungus
or other pest which is or may be destructive to crops. The Custom Officers
are empowered to execute the provisions of this Act in case of their import. The
State Governments have also been empowered to make rules for detention,
inspection, disinfection or destruction of any insect etc. which may be harmful
for the crops. According to the various State legislations every landholder in
the notified area is required to undertake measures as directed by the authorities.
Inspectors appointed for the purpose of these Acts may enter the premises within
the notified areas to examine the measures taken. In case of non-compliance,,
they can execute the requisite measures and recover the cost from the owners
as if they are arrears of land revenue. The owners will be given compensation
for the crops and the trees that are destroyed under the Act. It is further laid
down that it is the duty of the Village Officers (Patwaris, Chaukidars and
Lamberdars) to report to the Collectors, whenever there is any appearance />f
insects, pests, plant diseases, etc., in the village. The Acts also provide for fine
for non-compliance of the orders given by the Inspectors. The Punjab Act has
recently been amended to include 'locusts' in the definition of pests and to have
powers to call upon every male persons above 14 years of age to render all
possible assistance in carrying out preventive remedial measures for the destruction
of locusts. The Punjab Act also empowers the Government to ban for a definite
period the growth of specified crops within the notified areas. In this State,
the Village Panchayats have also been made responsible for the eradication of
weeds from the village common.
XIX
CROP REGULATION
Induced at first by the peculiar difficulties created by war and later by the
urgent need to increase food production, a number of States took measures, by
legislative enactments or administrative orders, to control the production of com-
mercial crops and increase the areas under food crops. The action taken in this
direction may be broadly classified under two heads :
(i) measures taken to regulate crop production on all cultivated lands
in an area;
(ii) measures taken to regulate the growth of crops in areas which are
being newly brought under cultivation.
These measures have generally taken three forms: (a) regulations imposed
by legislation or ordinances, (b) administrative orders under the provisions at
lirst of the Defence of India Act and later of the Essential Supplies (Temporary
Powers) Act, etc., and (c) indirect incentives, like subsidies, price adjustments, etc.
Under the Essential Supplies (Temporary Powers) Act, 1946, the Central
Government may issue any order which may provide for bringing under cultiva-
tion any waste or arable land, whether appurtenant to a building or not, for the
growing thereon of food crops generally or of specified food crops, and for either
maintaining or increasing the cultivation of food crops generally, or of specified
food crops.
The most important legislative measure taken by the States for the purpose
is the Bombay Growth of Food Crops Act, which was passed in 1944 and which
expired and was re-enacted in 1948. The Act has been extended to Kutch and
also adopted in Suarashtra by an Ordinance called the Saurashtra Growth of
Food Crops Ordinance in 1948. Under the Bombay Act, the Government can order
(i) that in any specified area, the proportion of scheduled food crops to other
crops grown by a cultivator in his holding shall not be less than the existing
proportion, (ii) prescribe the maximum proportion of non-food crops and minimum
proportion of food crops, to be grown, and (iii) prohibit the growing of non-food
crops in successive years. The Government are also empowered to give incentive
to cultivators for raising food crops by fixing or guaranteeing prices of foodgrains
and by reducing any part of land revenue, irrigation dues, etc., in respect of lands
where crops are grown on the order of the Government. Similar concessions in
rent can also be extended to the tenants on their application to the Mamlatdar.
As a result of this measure, it is claimed, that the area under cotton considerably
decreased (by about 60%), a very large part of which was diverted to food crops
and some part possibly to groundnut. With the relaxation of restrictions in 1949-50,
however, the area under cotton has again increased. Another instance of a
similar measure is the Madhya Bharat Crop Control Order, 1949, issued under
the powers conferred by sections 4 and 5 of the Essential Supplies (Temporary
Powers) Act, whereby the Government may, by a notification in the Gazette,
declare from time to time (a) "the proportion in which the food crops and the
crops other than food crops shall be grown by a cultivator in his IChata, and (b) the
proportion in which food crops shall be grown in the land allotted for crops
other than food crops". Under both these measures, penalties are provided
for non-compliance and the offences are made cognizable.
The Hyderabad Restriction of Cash Crop Regulation, 1353 F.> also tries to
encourage growing of food crops by levying a tax for commercial crops in addition
to the land revenue at such rates as the President in Council may prescribe.
Besides this, the President-in- Council may also impose a commercial tax on the
sales or the processing in respect of such crops. The sums realised in this way
will be credited to a separate fund which will be utilised for inducing the growing
of food crops. The cultivator who grows approved mixed crops in the required
XX
proportions will, however, be exempted from the above taxes on commercial crops.
He shall also have the right to sell food crops grown by him to Government at the
price fixed by Government from time to time.
More specific measures for the encouragement of a particular crop or verieties
of a crop have also been taken in some of the States. Section 7 of the Madras
Essential Articles Control and Requisitioning (Temporary Powers) Act, 1949 (XXIX
of 194.9), for instance, empowered the Government to control agriculture by
(i) prohibiting, restricting, or otherwise controlling the cultivation of specified
crops, and
(ii) bringing under cultivation any waste or arable land, whether appur-
tenant to a building or not, and for the growing therein of specified
crops.
In Cochin, similarly, under Proclamation III of 1123, "the doing of any
act which is liable to reduce the output of paddy is prohibited". In pursuance
of this Regulation, the growing of groundnut has been prohibited in some districts
in the States. Steps were taken to divert land from cotton to other crops, but
these restrictions have now been withdrawn in most cases. The Cotton Control
Acts which were in force in Bombay (1947), Madras (1932), Madhya Pradesh,
Mysore (1942), etc., provided for the growth of only particular varieties of cotton
in any tract. In Madras, for instance, growth of "pulichai" cotton was prohibited
for three years in 4 districts in 1947.
The objectives are also sought to be achieved by the provision of indirect
incentives. Some of the State Governments have attempted to encourage the
cultivation of food crops by making it compulsory on the recipients of subsidies
to grow only food crops for a specified number of years. In Madras, for instance,
the grantees of subsidies, under the new well subsidies scheme, are required to
undertake to raise only food crops for the next six years in the ayacuts of subsidised
wells. The definition of food crops has been laid down to include cereals and
subsidiary crops like potatoes, sweet potatoes and plantains. In Mysore, like-
wise, certain concessions have been given under various administrative orders
to the cultivators who are growing irrigated ragi, paddy and coconuts. In
Cochin, by Proclamation XIII of 1117 (1942) the tenants who have been given
leases in pursuance of the Scheme for Food Production are not entitled to recover
the value of any improvements effected by them during the period of the lease.
In some States like the Punjab, Madras and the Madhya Pradesh, these
restrictions have been applied only to the areas which are newly reclaimed or
were previously left fallow. Thus, under the East Punjab Utilization of Lands
Act, 1949 (as amended subsequently), the Government can take over lands
which are left uncultivated for two seasons or more and lease the same to a tenant
for a period not exceeding eight years for growing food and fodder crops. If
the tenant does not grow these crops he will be liable to be fined, which may
be upto twice the rent that he is required to pay for the lease. In Mysore, the
holder of occupied lands is required to raise an approved crop on the fallow
land which he is compelled to bring under cultivation in accordance with the
Mysore Cultivation of Fallow Land Act, 1951.* The approved crops have been
defined to be ragi paddy or jola crop and includes such other crops as the State
Government may declare by notification in the Gazette. The State Government
have further issued directives that all persons whose lands are tractor-ploughed,
under the scheme for the establishment of machine tractors, should grow food
crops in at least 3/5th of the total ploughed land in a period of five years after
ploughing.
The Madras Land Utilization Order, 1950, like the Madhya Bharat Order,
is issued under the Essential Supplies (Temporary) Act, 1946. This order empowers
* A similar provision which existed in the G. P. & Berar Cultivation of Fallow Lands Act, 1948,
as amended in 1949, has since been repealed.
XXI
the Collector to direct any holder of unoccupied waste arable land which has
not been cultivated in the previous season to cultivate it with food crops person-
ally or tKrough a lessee. Failure to comply with it will make their right to
cultivate liable to be sold for a period of three years.
The Madhya Bharat Land Utilisation Act, Samvat 2007, similarly makes it
incumbent on the cultivators to bring under foodgrains at least 40% and 70%
of the fallow land brought under cultivation by them in accordance with this Act
during the first and second years respectively.
GENERAL DEVELOPMENT MEASURES
In addition to some of the specific measures mentioned above, legislation
has been enacted in some of the States for initiating general development schemes
in rural areas and schemes for improvement in the living standards of the rural
community. The U.P. Rural Development (Requisition of Land) Act, 1948,
as amended in 1949, and the Madhya Bharat Requisitioning of Land (Rural
Development) Act, 1950, are measures in this direction. Under these Acts, the
Government can requisition lands for public 'purposes', which may inter alia
include making, deepening or enlarging of tanks, composting of refuse, planting
nurseries, maintenance of pasturage and construction of drainage channels and
water-courses. Under the Madhya Bharat Act, any Officer employed for the
purpose by the Government may enter and inspect any land for the purpose
of determining whether the land is needed, or is likely to be needed, for a
public purpose. The Co-operative Societies or Village Panchayats (Gaon Sabhas)
are also entitled to apply for requisition of land for the above purpose.
They can further be entrusted with the management of such lands when it is
requisitioned by the Government. The owners will be given compensation
under Land Acquisition Acts or, as in U. P., according to the mode of calculation
provided in the Act. The scope of the West Bengal Land Development and
Planning Act, 1948, covers (i) the settlement of refugees, (ii) establishment of
model villages, towns and agricultural colonies, (iii) the creation of better living
conditions in urban and rural areas, and (iv) improvement and development of
agriculture, forestry, fisheries and industries. The Government may direct
the prescribed authorities to prepare a development scheme and cause it to be
executed. The Government can acquire lands for public purposes and let it on
hire, lease, sell or otherwise dispose of it, preference for taking a lease or purchase
being given first to the persons from whom such lands have been taken. This
Act differs from the Acts in U.P. and Madhya Bharat in one other important
respect in that the execution of schemes mav be given to a company or local authority,
instead of the co-operative societies or village panchayats, as provided in the latter
case. The Assam Government have similarly assumed powers for these purposes
under the Assam Land (Requisition and Acquisition) Act, 1948. To some extent,
the main objects of rural development are covered in the Bombay Land Im-
provement Schemes Act and the Delhi and Ajmer-Merwara Land Development
Act, mentioned previously.
Village Commons. In order to prevent encroachments on roads, pathways
and easements and also for providing necessary land for common purposes like
grazing, threshing, etc., the State Governments are authorised to set apart any
area for these purposes. This has been incorporated in the Zamindari Abolition
Legislation of U.P., Madhya Pradesh and Bombay. Under the Land Improvement
Schemes Act in Bombay, and the Land Development Act, Delhi and Ajmer, the
Government can draw up schemes for the control of grazing and firing of grass-
es. The Tenancy Amendment Act, 1946, in Orissa similarly permits the Govern-
ment to set apart any area foi these purposes when they consider it necessary.
Under the Acts passed for the cultivation of fallow and waste lands, the area under
common purposes is excluded from the scope of the acts. In some other States,
these lands have been vested in the village community who will manage them in
.the best interests of all. t
XX11
CONCLUSION
It will thus be seen from the foregoing review of the legislation affecting agri-
cultural pioduction in recent years that great efforts are being made for the rehabili-
tation and the improvement of the entire agricultural economy of the country.
Much of the legislation covering agricultural production in recent yeais is born
out of the stern necessity of improving the quantity and quality of agricultural
produce in the face of the rapidly mounting requirements needed to keep the growing
population in a state of reasonable comfort. The Acts already passed in some of
the States have been alluded to. In others, legislation is still under consideration.
In many States, wheie no legislation appears to have been passed on any particular
subject, the ends of policy are sought to be realised by administrative orders and
by a judicious mixture of concessions in direct financial inducements and a certain
degree of compulsion. The full significance of these measures will be known only
after a few years. It is, as yet, too early to assess the achievements and record
failures or success. In a vast country like India, where conditions vary so much
from place to place and where in the past agriculture had received scant attention
from the Government, it is not surprising that there should be such a vast number
and variety of enactments. It is also to be expected that there will be variations
in the methods of approach to the specific problems affecting agriculture in each
State, but within these limitations, and subject to these technical diffi-
culties, the broad policy of improving agriculture is fairly clear from
the various enactments that have been passed and enforced in different
States in the country. It is apparent from these that better farming cannot
be secured unless certain norms are set for the farming community framed in the
context of the experiences of different regions, and certain sanctions are created for
enforcing improvement in the desired directions. There is at present a keener
perception of the fact that better farming has to precede better business and better
living and that the achievement of better living standards by the rural community
is indissolubly bound up with better methods of production.
Acts on Agricultural Production and
Development
THE CENTRAL PROVINCES AND BERAR
CULTIVATION OF FALLOW LAND ACT,
1948 (AS AMENDED UPTO 1951)
Act XVIII of 1948
An Act to extend the cultivation of fallow land
WHEREAS it is expedient to extend the cultivation of fallow Preamble^
land ;
It is hereby enacted as follows :
i. (i) This Act may be cited as the Central Provinces Short title
and Berar Cultivation of Fallow Land Act, 1948. and extent.-
(2) It extends to the whole of the x [Madhya Pradesh].
2 [(3) It shall be in force up to the 3ist day of March
1952, but the l [State] Government may, by notification,
direct that it shall cease to have operation in the whole or
part of the l [State] from such earlier date as may be
appointed by it in this behalf:
Provided that notwithstanding the expiry of the Act or
the cessation of its operation in any part of the Province, the
provisions contained in section 5 shall apply in respect of a
lease granted by the Tehsildar under that section as they
apply to such lease during the continuance of the Act.]
2. In this Act unless there is anything repugnant in the Definitions,
subject or context,
(a) expressions used in this Act and not defined
herein shall have the meanings assigned to them
in the Central Provinces Land Revenue Act,
II of 1917. I 9 1 7> tne Berar Land Revenue Code, 1928, or
I of 1920. the Central Provinces Tenancy Act, 1920, as the
case may be ;
3[* * * * *]
*[(b) 'cultivate' means to till land and raise a crop
thereon in a husbandmanlike manner; and the
expressions 'cultivate', 'cultivation' and 'un-
cultivated' shall be construed accordingly ;
(c) 'fallow land' with respect to any particular year
means land lying uncultivated in that year but
which was cultivated at some time within six
years immediately preceding that year; but does
not include land recorded as potkharab or a
tank or embankment or a nalah or a grove or
land used as a threshing floor.]
1 Substituted by the Adaptation of Law? Order, 1950.
2 Inserted by sec. 2 of the C. P. & Berar Act XXII of 1949.
8 Omitted by sec. 2 of the Madhya Pradesh Act XXI of 1950.
4 Substituted by ibid.
3
4 The Central Provinces and Berar Cultivation of Fallow Land Act, 1948 [ACT xvm
(d) "land" means land which is let or occupied for
agricultural purposes or for purposes subservient
thereto and includes the sites of buildings,
appurtenant to such land ;
(e] "occupied land" in relation to the J [Madhya
Pradesh] means land held
(i) by a proprietor as sir, khudkasht or malik-
makbuza 2 [or land held by him as fallow
land] ,
ii) by an absolute-occupancy or occupancy
tenant,
^iii) as a village service holding, or
(iv) by a sub-tenant;
and in relation to Berar means
*) land held by an occupant within the meaning of
section 54 of the Berar Land Revenue Code,
1928, or any other person holding from him ;
(b) by an inam holder, a jagirdar, izardar,
superior holder or his tenant;
(/) "occupier" means a person who i? for the time
being in possession of occupied land and is
entitled to cultivate it ;
*[(g) "Tehsildar" includes any officer authorised by
the State Government to exercise the powers
conferred on the tehsildar under this Act ;
(h) "Village Committee" in respect of any area with-
in the jurisdiction of a Gram Panchayat means
such Gram Panchayat in respect of any area
not comprised within the jurisdiction of Gram
Panchayat means a committee constituted under
section 5-B.]
Cultivation 3. 4 [(ij Every holder of occupied land shall cultivate in
of fallow each year so much area of the occupied land as was under
land * cultivation in the year immediately preceding that year.
(2) Subject to the provisions contained in sub-section
(3) every holder of occupied land holding an area of such land
as is stated in column ( i ) of the table below shall further
be liable to cultivate in each year either himself or through
a lessee such area of the fallow land recorded in his name in
the annual papers of the year immediately preceding, as is
specified in the corresponding entry in column (2) of the
said table :
1 Substituted by the Adaptation of Laws Order, 1950.
2 Added by sec. 2 of the Madhya Pradesh Act XVI of 1950.
8 Ibid.
* Substituted by sec. 3 of ibid.
OF 1948] The Central Provinces and Berar Cultivation of Fallow Land Act, 1948 5
TABLE
Area of occupied land held Area of fallow land liable to be
cultivated.
(i) (a)
(1) Five acres or more but not Five acres or half of the fallow
more than twenty acres. land whichever is greater.
(2) More than twenty acres, but Ten acres or half of the fallow
not more than fifty acres. land whichever in greater.
(3) More than fifty acres. Twenty-five acres or half of the
fallow land whichever is greatert
(3) In determining the area of fallow land in possession of
a holder, the following deductions shall be made :
(a) area equal to one-eighth of the occupied land for
the ordinary grazing requirements of the holder ,
(b) area infested with kam or other weeds which
cannot be eradicated by ordinary ploughing
with bullocks ;
(c) area which is left uncultivated according to the
usual agricultural practice or the area which
contains poor soil requiring recuperation or rest ;
(d) area which is not otherwise lit for being brought
under cultivation.
(3A) In making calculation for the purposes of this
section any fraction of less than half an acre shall be
ignored.
(4) Any holder of land who contravenes the provisions of
sub-section (i) or (2) and in the case of any lease the
lessee or lessees shall be liable on the order of any Revenue
Officer authorised in this behalf by the State Government
to a fine not exceeding rupees twenty-five per acre of the
area required to be cultivated or brought under cultivation
under sub-section (i) or (2) unless the holder has obtained a
certificate of exemption under section 5 or has made an
application as required by section 5A or proves that he
exercised due diligence to prevent such contravention.
(5) In every inquiry under this section the Revenue
Officer shall, as far as may be, follow the procedure laid
down in the Central Provinces Land Revenue Act, 1917, or
the Berar Land Revenue Code, 1928, as the case may be,
and any order passed by the Revenue Officer shall be
appealable to such authority and within such time as may be
prescribed by the I [State] Government.
(6) Any sum recoverable under sub-section (4) shall be
recovered as arrears of land revenue.
ar ***** *-|
3 [5. (i) Any holder or occupier may, before such date G
as the State Government may by notification, specify, certificate of
apply in the prescribed form for exemption from the exemption.
1 SnbstitUted by the Adaptation of Laws Order, 1950. " ~"
2 Omitted by section 4 of the C. P. & Bersr Act XXII of 1947.
3 Substituted by the Madhya Pradesh Act XVI of 1957.
The Central Provinces and Berar Cultivation of Fallow Land Act, 1948 [ACT XVII
provisions of sub-sections (i) and (2) of section 3 on any of
the following grounds, namely :
(a) that he has been using any area of his occupied
land for raising a fodder crop and intends to
raise a fodder crop thereon in that particular
year, or
(b) the area which he intends to leave uncultivated
in any particular year is necessary for the pur-
pose of grazing of cattle of the village.
(2) An application for exemption under clause (a) of
sub-section (i) shall at the option of the applicant be made
either to the village committee, or to the Tehsildar within
whose jurisdiction the area in which the fodder crop is to
be raised is situated and the application for exemption under
clause (b) of the said sub-section shall be made to the
Tehsildar within whose jurisdiction the area to be left un-
cultivated is situated.
(3) On receipt of such application, the village committee
or the Tehsildar, as the case may be, after making such
enquiry as it or he deems fit and before such date as may
be specified by the State Government by general or special
order for any local area, may either refuse to grant a
certificate of exemption or grant such certificate in respect
of the whole or part of the area required to be cultivated
under section 3 as it or he considers appropriate.
Grant of lease 5A. (i) Any holder or occupier of land, who finds him-
d V nci } ltivat " se If unable to Cultivate the land required to be cultivated by
him under section 3, may, before such date as may be
specified by general or special order for any local area by
the State Government, apply to the village committee for
the area where the land lies, and if no village committee has
been constituted, to the Tehsildar within whose jurisdiction
the area is situated for letting out for cultivation the whole or
part of such land to any suitable lessee for a period of not
less than five years and not more than seven years on the
bare assessment or on such terms as can be secured.
(2) Every lease granted under sub-section (i) shall be
executed by the Tehsildar or such other officer as may be
authorized by the State Government on behalf of the holder
or occupier, as the case may be, and the lessee shall be liable
to pay the lease-money to the person on whose behalf the
lease is executed at the time and in the manner provided for
in the lease.
(3) Every such lease shall be valid and take effect accord-
ing to its terms, any rule of law, statute or enactment for
the time being in force to the contrary notwithstanding.
F 1948] The Central Proiinr.es and Rerar Cultivation of Fallow Lond Ad, 1948 7
(4) The provisions of sections 40 and 41 of the Central
I of 1920- Provinces Tenancy Act, 1920, shall not apply in respect of
any land held under a lease granted for the purpose of
complying with the provisions of this Act ; and if any such
lease relates to khudkasht land or grass land such lease shall
not have the effect of conferring upon the lessee any
right of an occupancy tenant in respect of such land.
X [5AA. (i) If in any year any person being liable to Compulsory
cultivate fallow land under section 3 contravenes the pro-8 rant of lease
visions of the said section and is fined under sub-section (4) te
thereof, the Tehsildar may call upon him to show cause
why the land in respect of which such contravention
took place should not be leased out.
(2) If, after giving opportunity to (i) person concerned
to show cause and adduce evidence, if any, in that behalf,
the Tehsildar is not satisfied that such person intends to and
is capable of bringing under cultivation the whole or any
part of the fallow land and of the area which he has since
become liable to cultivate under sub-section (2) of section 3,
the Tehsildar shall pass an order declaring that the whole of
such fallow land or the part, as the case may be, shall be
lesed out bv the Tehsildar as if an application under
section 5A had been made by the person concerned to the
Tehsildar in that behalf.]
(3) The provision of section 5A shall, so far as may be,
apply to a lease granted in pursuance of sub-section (2).
56. (i) In any area which is not within the jurisdiction Constitution
of any Gram Panchayat the State Government may, by ofvilla g c
notification, constitute a village committee for one or more committec '
villages and it shall be known by the name of the village or
any of the villages for which it is constituted.
(2) Every such committee shall consist of ten members
including the Chairman and Secretary, to be appointed by
the Deputy Commissioner in such manner as may be pres-
cribed by rules made by the State Government in this
behalf.
(3) The term of the village committee, the qualifications
of members to be appointed to a village committee and the
procedure for the conduct of business of any such com-
mittee shall be such as may be prescribed by rules made by
the State Government in this behalf.]
6. The 2 [ State] Government may make rules for Rules,
carrying out the purposes of this Act.
7. ( i ) The Central Provinces and Ber^r Cultivation of Repeal and
VI of 1948 Fallow Land Ordinance, 1948, is hereby repealed. saving.
(2) Any notification issued, authorization, enquiry or
rule made, fine imposed, order passed, sum recoverable,
lease or certificate of exemption granted or any action taken
under the said Ordinance shall, if not inconsistent with the
provisions of this Act, be deemed respectively to have been
issued, made, imposed, passed, recoverable, granted or
taken under this Act.
1 Inserted by sec. 2 of M. P. 14 of 1951.
* Substituted by the Adaptation of Laws Order, 1950.
THE MYSORE CULTIVATION OF FALLOW
LANDS ACT, 1951
An Act to make provision for bringing fallow lands
under cultivation in the State of Mysore
Preamble. WHEREAS it is expedient to make provision for bringing
fallow lands under cultivation in the State of Mysore;
It is hereby enacted as follows: r
Short title, i. (i) This Act may be called the Mysore Cultivation of
extent, com- Fallow Lands Act, IG*I.
mencrment
and dura- ( 2 ) It extends to the whole of the State of Mysore,
tion. x '
(3) This section shall come irto force at once, and the
State Government may, from time to time, by notification
in the Mysore (Ja~ette, apply th<* other provisions of this
Act to the whole or any portion of the State from such date
and for such period, if any, as may be specified in the noti-
fication and may cancel or modii\ any sucli notification.
(\) This Aft shall remain in force for a period of five
years and upon its expiry, the provisions of section 6 of the
Mysore General Clauses Act, 1899, shiill be applicable as
if it had been repealed by a Mysore Act.
Definitions. 2- 1" this Act, unless there is anything repugnant in thr*
subject or context,
1 i ) expressions not defined herein shall have the mean-
ings assigned to them respectively in the Mysore Land
Revenue Code, 1888 ;
(2) 'approved crop' means ragi, paddy or jola crop and
includes such other crops as th^ State Government may, by
notific ation in the Mysore Gazette, declare' to be an approved
crop in any ar^vi spec ified in such notification ;
(3) 'fallow land ' means cultivable land left uncultivated or
land recorded as fallow, new or old, in the village accounts,
and includes land recorded as grass land in consequence of
its ceasing to be under cultivation for a period exceeding
three years but does not include land recorded as Phutkharab-
or a tank or embankment or a nalah or a grove or used as a
threshing floor ;
(4) 'land' means land which is let or occupied for agri-
cultural purposes or for purposes subservient thereto ;
(5) 'occupied land' means land held by
(?) a proprietor as a holder or landholder or superior
holder or occupant or registered occupant of kadim
tenant, or
(') by a sub-tenant ;
(6) 'occupier ' means a person who is for the time being
in possession of occupied land and is entitled to cultivate it y
either by himself, or by his servants or by hired labour
8
The Mvsore Cultivation of Fallow Lands Act y 1951 Q
(7) 'prescribed' means prescribed by rules under this
Act.
3. (i) Subject to the provisions of sub-section (2) every Cultivation
holder of occupied land in excess of of fallow
lands.
(a) ten acres in the case of wet lands, or
(b} fifteen acres in the case of dry lands,
in any revenue year shall, if so required by an order in
writing of the Amildar, be liable to cultivate either himself
or through a lessee, in addition to the area cultivated by
him in the revenue year immediately preceding, such area
as the Amildar may specify, of the fallow land recorded in
his name in the village accounts of the said revenue year
immediately preceding, and raise an approved crop thereon :
Provided that the State Government may, by notification
in the Mysore Gazette^ increase the acreage specified in clause
(a) or (b) in respect of any area specified in such notification.
(2) For purposes of determining the area of fallow land
to be cultivated under the provisions of sub-section (i),
(a) an area equal to one-tenth of the extent of the
occupied land shall be deducted from the total
area of the fallow land of the holder for ordinary
grazing requirements of the holder ;
(/) any fraction of less than half an acre shall not be
taken into account.
(3) No order shall be made under the provisions of sub-
section (i) unless an enquiry has been held by the Amildnr
for the purpose. In every enquiry for the said purpose, the
Amildar shall, as far as may be, follow the procedure laid
down in the Mysore Land Revenue Code, 1888, for conduct-
ing summary enquiries.
(4) An appeal shall lie to the Sub-Division Officer con-
cerned from an order of the Amildar under sub-section ( i )
within fifteen days from the date of communication of the
order of the Amildar to the holder of occupied land and the
decision of the Sub-Division Officer on such appeal shall be
final.
4, Any holder of occupied land may, before the expiry Application
of the prescribed period, apply to the Amildar for exemption f ? r cxem P* '
from the provisions of section 3. If the Amildar on such
enquiry as he deems fit is satisfied that the land
(a) is needed by the holder for the purposes of grazing
his own cattle ; or
(b) cannot be cultivated by the holder for want of
lessees or labourers;
he may grant a certificate of exemption in writing in respect
of the whole or part of the area of fallow land required to be
cultivated under section 3.
10
Penalty
the
The Mysore Cultivation of Fallow Lands Act, 1951
The holder of occupied land who does not carry out
directions contained in the order of the Amildar or of
the Sub-Division Officer on appeal therefrom under section
3 shall be liable to pay such penalty not exceeding one year's
assessment on the land in question as may be determined by
the Amildar, unless the holder has obtained a certificate of
exemption under the provisions of section 4 or has made an
application as required by clause (b) of sub-section (i) of
section 6 and the said sum shall be recoverable as an arrear
of land revenue.
Power of
Amildar to
lease fallow
lands.
Cancellation
of the lease.
6. (i) If any holder or occupier does not make
arrangements for the cultivation of the fallow land required
to be cultivated under sub-section (i) of section 3,
(a) before the expiry of fifteen clays from the date of
order of the Amildar ; and if the Amildar does not
grant a certificate of exemption under section 4 ;
or
(b) before fifteen days from the date of the order of
the Amildar, an application in writing is made by
a holder or occupier requesting the Arnildar to
arrange for a suitable lessee for the fallow land
required to be cultivated by him under section 3,
die Amildar may let out for cultivation the whole or part
of the area of the fallow land of such holder or occupier
required to be cultivated under section 3 to any suitable
lessee for a period not exceeding five years on the condition
that the lessee shall pay as rent one-third of the produce in
the case of wet lands arid one-fourth in the case of dry lands
and in any case not being less than the bare assessment or
on such other terms as can be secured.
(2) Every lease granted under the provisions of sub-section
(i) shall be executed by the Amildar on behalf of the holder
or the occupier, as the case may be, and th<* lessee shall be
liable to pay the rent specified in sub-section (i) to the
person on whose behalf the lease is executed at the time and
in the manner provided for in the lease.
(3) Subject to the provisions of section 7 every such lease
shall IDC valid and take effect according to its terms, notwith-
standing anything to the contrary contained in any rule of
law, statute or enactment for the time being in force.
7. Where the person to whom a lease has been granted
under section 6 fails for any reason to cultivate the "land so
leased to him or uses the land for a purpose other than the
purpose for which it was leased out to him, the Amildar
may cancel the lease and grant a fresh lease to any other
person on such terms and conditions as he thinks fit and the
person whose lease is cancelled under this section shall for-
feit all rights under his lease and shall also be liable to pay-
such sum by way of damages as may be determined by the
Amildar in each case. The sum so determined as damages
shall be recoverable as an arrear of land revenue.
The Mysore Cultivation of Fallow Lands Act, 1951
II
8. Every notice under this Act shall be served in the
manner provided in section 199 of the Mysore Land Reve-
nue Code, 1888.
9* All persons exercising any power' under any of the
provisions of this Act shall be deemed to be public servants
within the meaning of section 2 1 of the Indian Penal Code,
1860.
10. (i) No civil court shall have j urisdiction to deal with
any question which is by or under this Act required to be
dealt with by the Amildar.
(2) No order of the Amildar under this Act shall be
questioned in any civil or criminal court.
n. No suit, prosecution or other legal proceeding shall
lie against any person in respect of anything which is in
good faith done or intended to be done under this Act.
12. The State Government may make such rules as may
be found necessary from timr to time for carrying out the
purposes of this Act and rules so made shall be published in
the Mysore Gazette and upon such publication shall have
effect as if enacted in this Act.
Service of
notices.
Persons
acting under
the Act to
be deemed
public
servants.
Bar of
jurisdiction
Indemnify.
Rules.
THE UNITED PROVINCES LAND
UTILIZATION ACT, 1947
U..P. Act No V of 1948
An Act to provide for powers to utilize
uncultivated land
Preamble. WHEREAS it is expedient to provide for powers to utilize
uncultivated land with a view to increasing the production
of food-stuffs :
Short title,
<*xtent and
comence-
ment.
Definitions
It is hereby enacted as follows :
i. (i) This Act may be called the United Provinces
Land Utilization Act, 1947.
(2) It extends to the whole of the ifUttar Pradesh].
(3) It shall come into force at once.
2. In this Act, unless
the subject or context,
there is anything repugnant in
U P.
XVII
1939-
Utilization
of unculti-
vated land.
(a) "Collector" includes a Deputy Commissioner ;
(0) "Land" and "Tenant" have the meanings res-
pectively assigned to them in the United Pro-
vinces Tenancy Act, 1939 ;
(c) "Landlord" has the meaning assigned to it in
the United Provinces Tenancy Act, 1939, and
includes a thekedar as defined in the said Act ;
(d) "* [State] Government" means the Government
of the ifUttar Pradesh].
3. ( i ) Notwithstanding anything contained in the
United Provinces Tenancy Act, 1939, or in any other u. P.
enactment for the time being in force, the Collector may, XVII
by notice in writing in the form specified in the Schedule, *939-
call upon the landlord of any land situated within his
jurisdiction, which is not grove land or land let to or held
-by a tenant, and which has not been cultivated or, if
previously cultivated, has not been cultivated during the
Rabi and Kharif immediately preceding the commence-
ment of this Act, to let out such land or pre-arrange for
the cultivation thereof within fifteen days from the date of
the service of such notice or within such further period as
the Collector may extend :
Provided that no notice shall be issued under this sub-
section in respect of any land which was recorded in 1353
Fasli as pasture land, or which is used as threshing floor,
irrigation tank, or for the benefit generally of the inhabi-
tants of the village or any portion thereof :
Provided further that where such land is in the possession
of a thekedar, the Collector shall issue notice to both the
thekedar and the landlord.
1 Substituted by the Adaptation of Laws Order, 1950.
12
Act
of
Act
of
The United Provinces Land L till Cation Act, 1947
U. P.
XVII
1939-
Act
of
(2) -The notice shall be served on the landlord by
delivering or tendering to him a copy of such notice. But
if the landlord is not readily traceable or refuses to accept
the notice, the service shall be effected by affixing a copy
of such notice to the Chaupal or some other public place in
the village and thereupon the landlord shall be deemed to
have been sufficiently served.
(3) If the landlord within one week from the date of the
service of the notice shows to the satisfaction of the Collector
that the land is not capable of being cultivated or that it is
already being cultivated or has been let out for cultivation
the Collector shall cancel the notice.
(4) If the notice is not complied with within the time
allowed under sub-section ( i ) or is not cancelled under
sub-section (3), the Collector may get such land cultivated
on behalf of the 1 [StateJ Government for such period as
he thinks necessary or may let out such land to a tenant
for cultivation.
(5) Where the land is let out by the landlord in pursu-
ance of the notice under sub-section (i) or by the Collector
under sub-section (4), the rent payable by such tenant and,
the tenure and other conditions of his tenancy shall be
determined as provided in section I26-A of the United
Provinces Tenancy Act, 1939.
(6) If the land is cultivated on behalf of the ^State]
Government under sub-section (4), the landlord shall be
entitled to receive such rent as may be determined by the
Assistant Collector, first class, having jurisdiction, and his
decision shall be final.
4. Where any land is brought under cultivation in
accordance with the provisions of this Act, the landlord or
the tenant cultivating such land shall, on demand by the
Collector, sell to the 1 [State] Government one-half of the
grain produced over such land at such rates as may be
fixed by the ] [State] Government from time to time.
5. Where land is let out to any tenant by the landlord
under sub-section (i) of section 3 or by the Collector under
sub-section (4) of section 3, the tenant shall cultivate the
land so let out.
6. No order made in exercise of any power conferred by
or under this Act or any rule made there 'nder shall be
called in question in any court.
7. If any person contravenes any provision of this Act or
any rule made thereunder or any order passed in pursuance
of this Act, he shall be punishable with imprisonment for a
term which may extend to six months or with fine or with
both.
8. ( i ) No suit, prosecution or other legal proceeding Protection
shall lie against the Collector or any other person acting as to action
under the order of the Collector for anything which is in taken *
good faith done or intended to be done in pursuance of this,
Act or any rules made thereunder or any order issued
under the provisions of this Act.
Sale of
grain to
the i [State]
Govern-
ment.
Tenant to
cultivate
the land let
out to him.
Saving as
to orders.
Penalty.
1 Substituted by the Adaptation of Law^ Order, 1950.
1/1 The United Provinces Land Utilization Act, 1947 [ACT v OF 1948 \
(?) No suit or other legal proceeding shall lie against
the * [State] Government for any damage caused or likely
to be caused by anything in good faith done in pursuance
of this Act or any rule made thereunder or any order issued
in pursuance of the provisions of this Act.
9. (i) The United Provinces Land Utilization Ordi-
nance, 1947, is hereby repealed.
(2) Any order made or notice issued under the said
Ordinance and in force immediately before the commence-
ment of the said Ordinance shall be deemed to be an order
or notice made or issued under this Act.
Rule 10. The 1 [State] Government may, consistent with the
making provisions of this Act, make rules for carrying out the
power. purposes of this Act.
SCHEDULE
Form of notice under section 3 of the United
Provinces Land Utilization Act, 1947
IN THE COURT OF THE COLLECTOR,
DISTRICT
To
(i) LANDLORD
AND (2} THEKEDAR.
In exercise of the powers conferred by section 3 of the
Linked Provinces Land Utilization Act, 1947, I, the
Collector of District, hereby call upon you to
let out the land specified below within fifteen days from
the date of the service of this notice.
Details of the land
Name of tchsil or
pargana
Seal of the Court.
Name of village
Specification of land
involved
Collector.
*NOTE. The name of the thekedar shall be recorded, in the horizontal
column (2) at the top, only where the land is held by a thekedar, other-
wise a cross mark shall be made therein. In the former case, the notice
shall go to both the landlord and the thekedar, but only one of them
who is entitled to admit a tenant to the land in accordance with the
terms and conditions of the theka, shall be entitled to let it out in
compliance with the notice.
1 Subitituted by the Adaptation of Laws Order, 1950.
THE UNITED PROVINCES LAND UTILI-
ZATION ACT, 1947 (AS EXTENDED
TO AJMER-MERWARA)
U. P. Act No. V of 1948
An Act to provide for powers to utilize unculti-
vated land
WHEREAS it is expedient to provide for powers to utilize Preamble,
uncultivated land with a view to increasing the production
of food-stuff ;
It is hereby enacted as follows :
1. (i) This Act may be called the United Provinces Land Short title >
Utilization Act, 1047. extent and
' y ^ ' commence-
(2) It extends to the 3 [State] of Ajmer 2 [ ]. ment.
(3) It shall come into force at once.
2. In this Act, unless there is anything repugnant in the Definitions.
subject or context,
(a) "Collector" includes a Deputy Commissioner ;
(b) "Land" and "Tenant" have the meanings respec-
tively assigned to them in the Ajmer-Merwara
Agrarian Relief Ordinance, 1 949 ;
(c) "Landlord" means a person to whom the rent of a
holding is, or but for a contract express or implied
would be, payable ;
(d) '^[Statr] Government" means the Chief Commis-
sioner of Ajmer 2 [ ].
3. (i) Notwithstanding anything contained in the Ajmer- Utilization of
Merwara Agrarian Relief Ordinance, 1949, or in any other uncultivated
enactment for the time being in force, the Collector may, Iand -
by notice in writing in the form specified in the Schedule, .
call upon the landlord of any land situated within his juris-
diction, which is not grove land or land let to or held by a
tenant, and which has not been cultivated during the Rabi
ard Kharif immediately preceding the commencement of
this Act, to let out such land or pre-arrange for the cultiva-
tion thereof within fifteen days from the date of service of
such notice or within such further period as the Collector
may extend :
Provided that no notice shall be issued under this sub-
section in respect of any land which was immediately before
the commencement of this Act recorded as pasture land,
or which is used as threshing floor, irrigation tank, or for the
benefit generally of the inhabitants of the village or any
portion thereof.
(2) The notice shall be served on the landlord by delivering
or tendering to him a copy of such notice. But if the landlord
is not readily traceable or refuses to accept the notice, the
service shall be effected by affixing a copy of such notice to
the chaupal or some other public place in the village and
thereupon the landlord shall be deemed to have been suffi-
ciently served.
1 Substituted by the Adaptation of Laws Order, 1950.
* Omitted by the ibid.
1 6 The United Provinces Land Utilization Act, 1947, [ACT v OF 1948]
(3) If the landlord within one week from the date of the
service of the notice shows to the satisfaction of the Collector
that the land is not capable of being cultivated or that it is
already being cultivated or has been let out for cultivation,
the Collector shall cancel the notice.
(4) If the notice is not complied with within the time
allowed under sub-section (i) or is not cancelled under
sub-section (3), the Collector may get such land cultivated
on behalf of the 1 [State] Government for such period as
he thinks necessary or may let out such land to a tenant
for cultivation.
(5) Where the land is let out by the landlord in pursuance
of the notice under sub-section ( i ) or by the Collector under
sub-section (4), the rent payable by such tenant, and the
tenure and other conditions of his tenancy shall be deter-
mined as prescribed by rules made under this Act.
(6) If the land is cultivated on behalf of the 1 [State]
Government under sub-section (4), the landlord shall be
entitled to receive such rent as may be determined by the
Collector and his decision shall be final.
Sale of grain 4. Where any land is brought under cultivation In accord-
to the ance w j t h the provisions of this Art, the landlord or the
eminent " tenant cultivating such land shall, on demand by the Collector,
me ' sell to the * [State] Government one-half of the grain
produced over such land at such rates as may be fixed by
the 1 [State] Government from time to time.
Tenant to 5. Where land is let out to any tenant by the landlord
culthatethe under sub-section (i) of sec tion 3 or by the Collector under
tohim l su k-section (4) of section 3, the tenant shall cultivate the
land so let out.
Orders ** tO ^' ^ orc ^ er made in exercise of any power conferred by
or under this Act or any rule made thereunder shall be
called in question in any court.
Penalty. 7. jf an y person contravenes any provision of this Act
or any rule made thereunder or any order passed in pursu-
ance of this Act, he shall be punishable with imprisonment
for a term which may extend to six months or with fine or
with both.
to action ta- ^' (0 ^ su ^ prosecution or other legal proceeding
ken. shall lie against the Collector or any other person acting
under the order of the Collector for anything which is in
good faith done or intended to be done in pursuance of this
Act or any rules made thereunder or any order issued under
the provisions of this Act.
(2) No suit or other legal proceeding shall lie against the
Central Government or the * [State] Government for any
damage caused or likely to be caused by anything in good
faith done in pursuance of this Act or any rules made there-
under or any order issued in pursuance of the provisions
of this Act.
Rule-making 9. The * [State] Government may, consistent with the
power. provisions of this Act, make rules for carrying out the purposes
of this Act.
* Substituted by ibid.
THE UNITED PROVINCES LAND UTILIZA-
TION ACT, 1947 (AS APPLIED TO DELHI
BY NOTIFICATION DATED SEPTEM-
BER 15, 1949)
U.P. Act No. V of 1948
An Act to provide for powers to utilize
uncultivated land
WHEREAS it is expedient to provide for powers to utilize Preamble,
uncultivated land with a view to increasing the production
of food-stuffs ;
It is hereby enacted as follows :
z. (i) This Act may be called the United Provinces Land Short title,
Utilization Act, 1947. extent and
(2) It extends to the whole of the l [State] of Delhi. ment.
(3) It shall come into force at once.
2. In this Act, unless there is anything repugnant in the Definitions,
subject or context,
(a) "Collector" includes a Deputy Commissioner;
(b) Land, landlord and tenant have the meanings
respectively assigned to them in the Punjab Tenancy
Act, 1887, as the case mav be, the Agra Tenancy
Act, 1 90 1 ;
(c) tcl [ State] Government" means the Chief Com-
missioner, Delhi.
3. (i) Notwithstanding anything contained in the Punjab Utilization of
Tenancy Act, 1887, the Agra Tenancy Act, 1901, or in any uncultivated
other enactment for the time being in force, the Collector, * and -
may, by notice in writing in the form specified in the Schedule,
call upon the landlord of any land situated within his juris-
XI. P. Act diction, which is not grove land or land let to or held by a
XVII of tenant, and which has not been cultivated or, if previously
3 939- cultivated, has not been cultivated during the Rabi and
Kharif immediately preceding the commencement of this
Act, to let out such land or pre-arrange for the cultivation
thereof within fifteen days from the date of the service of
such notice 01 within such further period as the Collector
may extend.
(2) The notice shall be served on the landlord by delivering
or tendering to him a copy of such notice. But if the land-
Icfrd is not readily traceable or refuses to accept the notice,
the service shall be effected by affixing a copy of such notice
to the chaupal or some other public place in the Village
and thereupon the landlord shall be deemed to have been
sufficiently served.
1 Substituted by ibid.
17
i8 The United Provinces Land Utilization Act, 1947, [ACT v OF 1948]
(3) If the landlord within one week from the date of the
service of the notice shows to the satisfaction of the Collector
that the land is not capable of being cultivated or that it is
already being cultivated or has been let out for cultivation,
the Collector shall cancel the notice.
(4) If the notice is not complied with within the time
allowed under sub-section (i) or is not cancelled under
sub-section (3) the Collector may get such land cultivated on
behalf of the * [State] Government for such period as he;
thinks necessary or may let out such land to a tenant for
cultivation.
(5) Where the land is let out by the landlord in pursuance
of the notice under sub-section (i) or by the Collector under
sub-section (4), the rent payable by such tenant and the
tenure and other conditions of his tenancy shall be deter-
mined as prescribed by rules made under this Act.
(6) If the land is cultivated on behalf of the 1 [State] u p Act
Government under sub-section (4), the landlord shall be xvii of
entitled to receive such rent as may be determined by the 1939.
Collector, having jurisdiction and his decision shall be final.
Sale of grain 4, Where any land is brought under cultivation in accord-
to . f p the ance with the provisions of this Act, the landlord or the
ernment V ~ ^ enant cultivating such land shall, on demand by the Collector,
sell to the * [State] Government one-half of the grain
produced over such land at such rates as may be fixed by the
1 [State] Government from time to time.
Tenant to _ Where land is let out to any tenant by the landlord
cultivate the ^ , . , N r i i /^ n j
land let out un der sub-section ( i ) of section 3 or by the Collector under
to him. sub-section (4) of section 3, the tenant shall cultivate the
land so let out.
Saving as to 6. No order made in exercise of any power conferred by
orders. or unc j er fais y\ C ( or anv rL j e mac i e thereunder shall be
called in question in any court.
Penalty. 7. If any person contravenes any provision of this Act or
any rule made thereunder or any order passed in pursuance
of this Act, he shall be punishable with imprisonment for
a term which may extend to six months or with fine or with
both.
Protection as 8. ( i ) No suit, prosecution or other legal proceeding
to action ta- shall lie against the Collector or any other person acting
ken. under the order of the Collector for anything which is in
good faith done or intended to be done in pursuance of this
Act or any rules made thereunder or any ordei issued under
the provisions of this Act.
(2) No suit or other legal proceeding shall lie against
and Central Government or the 1 [State] Governrfient for
any damage caused or likely to be caused by anything\in
good faith done in pursuance of this Act or any rule made
thereunder or any order issued in pursuance of the provi-
sions of this Act.
Rule making 9. The * [State] Government may, consistent with the
power. provisions of this Act, make rules for carrying out the pur-
poses of this Act.
1 Substituted by ibid.
BHOPAL
[The [7. P. Land Utilization Act, 1947, is extended to BhopaL]
EAST PUNJAB UTILIZATION OF LANDS
ACT, 1949 (AMENDED IN 1951)
East Punjab Act No. XXXVIII of 1949
An Act to provide for the utilization of lands
in East Punjab
IT is hereby enacted as follows :
Short title, ! (i) This Act may he called the East Punjab Utilization
extent and of Lands Act, 1949-
duration.
(2) It extends to the \\hole of the 1 [State] of 2 | ] Punjab.
|(3)* * * *1-
Definitions. 2- j n j^is Act, unless there is anything repugnant in the
subject or context,
(a) "Allottee" has the meaning assigned to it under
the EaM Punjal) Displaced Persons (Land Resettle-
ment ; Act, 10.41) ;
(/;) "Collector" means Collector of the district \vhere
the land is situated ;
(() "Custodian" has the meaning assigned to it in the
Administration of Evacuee Property Ordinance,
((}} "Evacuee land" means land A\hich has vested in
the Custodian under the provisions of the Adminis-
tration of Evacuee Property Ordinance, 1949;
(/) "Land" means land which is not urban land and
is not occupied as the site of any building in a
to\\n or village, but docs not include land which is
leased by Government or Custodian under any law
other than this Act ;
(fj "Owner" means a person ha\ ing a proprietary right
in the land and includes an allottee, a usufiuctuary
mortgagee 01 a lessee ;
(ft) "Presciibed" means prescribed by rules made under
the Act ;
(h) "Tenant" means a person to whom land is leased
by the Collector under the provisions of this Act ;
() "Urban land" means all land included within the
limits of a Corporation, Municipal Committee,
Notified Area Committee, Town Area, Small Town
Committee, and Cantonment.
Power to take 3- (1) Notwithstanding any law to the contrary, the
possession of Collector may at an> time take possession of an}* land which
any vacant ^as not J 3cen cultivated for the last 4 ["six or more liarves*
1 ' after serving on the owner a notice that, if he does not
cultivate the land within such reasonable period as may be
specified in the notice, the Collector may take possession of
such land for the purposes of this Act"].
1 Substituted bv the Adaptation of Laws Order, 1950,
2 Omitted by ibid.
3 Omitted 1 y Act of 1950, sec. 2.
* Substituted by Act of 1951.
20
East Punjab Utilization of Lands Act) 193.9 . 21
(2) The notice required by sub-section (i) shall be deemed
to be duly served if delivered at, or sent by post to, the usual
or last known place of residence of the owner :
Provided that no notice shall be deemed to be invalid on
the ground of any defect, vagueness or insufficiency.
4. '[(i) Where any land is taken possession of under the
preceding section, there shall be paid compensation the
amount of which shall be assessed bv the Collector so far as
practicable in accordance with the provisions of sub-section ( i )
of section 23 of the Land Acquisition Act, 1894, as amended
in its application to the Slate and the rules made there-
under.]
(2^ The compensation awarded under this section shall
be paid to such person as is in the opinion of the Collector
entitled to receive it :
Provided that nothing herein contained shall aflect the
liability of any person who may receive the whole or any
part of any compensation awarded under this section to pay
the same to the person lawfully entitled thereto.
5. Where the Collector has taken possession of an)' land Ltrtso by
under section 3, he may lease it to any person on such terms Collet-tor,
and conditions as he mav deem fit for the purpose of gi owing
food and fodder crops .
^["Provided that the period of lease shall not be less than
7 years or more than 20 yeais."]
6. "[ * * * *J-
7. (i) Where any land taken possession of by the Collec- Delivery ol
tor under section 3 is on the expiry of the lease 3 [ J to be possession
retmned to the owner, the Colic, tor niay, after making such
inquiry, if any, as lie considers necessary, specily bv
order in writing the person to whom possession ol' the laml
shall be given.
(2) The delivery of possession of the land to the peison
specified in any order made under sub-section (i) shall be
a full discharge of the Collector from all liability in respect
of such delivery but shall not prejudice any rights in respect
of the land which any other person may b<* entitled by due
process of law to enforce against the person to whom posses-
sion of the land is so delivered.
(3) Where the person to whom possession of any land is
to be given cannot be found and has no agent or other person
empowered to accept delivery on his behalf, the Collector
shall cause a notice declaring that the land is released to be
affixed on some conspicuous part of the land.
(4) On issue of the notice referred to in sub-section (3),
the land specified in the notice shall be deemed to have been
.delivered to the person entitled to the possession thereof,
1 Substituted by Act of 1951, sec. 4.
2 Subst'tutcn ibid., sec. 5.
* Omitted by ibid., sec. C.
22 &L\t Punjab Utilization of Lands Act, 1949 [ACT XXXVIH OF KJ j, >|
and the Government or the Collector shall not be liable
for any compensation or other claim in respect of the land
for any period after the said date.
Penalty for 8. Where the tenant fails to grow food or fodder crops
failure of the on +h e land leased to him, he shall besides the payment of
^ovvTfood or rent fi xe d under section 5 be also liable to pay a penalty
fodder crops not exceeding twice such rent.
, ,. A Jf * * * *###!
Penalty for 9* L J
failure of the
tenant to
grow food or
fodder crops,
Sums due re- IO " ^11 sums due under this Act from the owner or tenant
coverabje as shall be recoverable as arrears of land revenue.
arrears of
land revenue. ^ The Collector may take Qr cause tQ be .taken such
steps and use or cause to be used such force as may in his
opinion be reasonably necessary for securing compliance
with any order made by him under this Act.
Delegation of I2 ' The Collector may delegate all or any of his powers
functions. and functions under this Act to any officer of the Revenue
or Rehabilitation Department in his district either by name
or designation.
Instrument of I 3- Notwithstanding anything contained in any law for
lease not ne- the time being in force, no instrument in writing to give
cessary. effect to a lease by the Collector under the Act shall require
stamp,
Orders not I 4* ( x ) ^he decision by the Collector of any matter,
to be called which he is empowered by this Act to decide, shall be final
m question, and conclusive.
(2) Except as provided in this Act no order made or
action taken in exercise of any power conferred by this Act
shall be called into question in any court or before any
officer or authority.
Debar to 15, (i) No suit, prosecution or other legal proceedings
suits or legal shall be instituted against any person for anvthing which is
procee mg. n g OO( j f^^ done or intended to be done under this Act.
(2) No suit or other legal pioceedings shall lie against
the Crown for any damage caused by anything which is
in good faith done or intended to be done under this Act.
Power of 16. The 2 [State] Government may by notification
Government ma k e rules for carrying out the provisions of this Act.
to make rules. r
1 Omitted by Act 8 of 1951 sec. 8.
2 Substituted by the Adaptation of Laws Order, 1950.
THE MADHYA BHARAT LAND UTILIZA-
TION ACT, 1950 (SAMVAT 2007)
Act No. XXXVIII of 1950 (Samvat 2007)
An Act to provide for the utilization of unculti-
vated land in Ivladliya BHarat.
WHEREAS due to shortage of food it is expedient to provide Preamble,
for powers to utilize uncultivated land with a view to increas-
ing the production of food-stuffs, it is hereby enacted as
follows :
1. (i) This Act may be called "The Madhya Bharat Title, extent
Land Utilization Act, Samvat 2007". ' and com "
' mcnccment.
(2) It extends to the whole of Madhya Bharat.
(3) It shall come into force immediately on its publication
in the Madhya Bharat Govcinment Gazette.
2. In this Act unless there is anything repugnant in the Definitions,
subject or context,
(a) "Land", "Malgu~ar>\ "Paltcdar Tenant", "Maurmi
Tenant", "Holding", "Assignee of proprietary
rights", and "Bona fide Agriculturist" will have
the meanings assigned to them in the Qanoon Mai,
Gwalior, Samvat 1983, or in the United State of
Gwalior, Indcre and Malwa (Madhya Bharat)
Ryotwari Land Revenue and Tenancy Ordinance,
Samvat 2005, in force under the provisions of the
United State of G\valior, Indore and Malwa
(Madhya Bharat) Revenue Administration and
Ryotwari Land Revenue and Tenancy (Conti-
nuance) Act, Samvat 2006 (Act No. 53 of 1 949) ;
Explanation. "Malgu^ar" shall include Thekedar and also
Chakdar and Blockdar holding Chaks, Blocks or
Murabbas under Kawaid Trashi va At tat chakuk Parti
Kabal ICasht Gwalior, Samvat 1 980, in force for the
time being ;
(b) "Agricultural land" means land which is used for
agriculture or which is capable of being used for
agriculture and includes fallow land ;
(c) "Government" means the Government of Madhya
Bharat ;
(d) "Suba" means the Suba of the District or such
other officer who may be authorised by the Govern-
ment to exercise the powers of a Suba for the pur-
poses of this Act ;
(<?) "Prescribed" means prescribed by rules made under
this Act.
23
24 7 he Madhya Bharat Land Utilization Act> 1950 [ACT xxxvni
Cultivation 3. (j) Notwithstanding anything contained in the "Qa-
land inna- noon Mal > Gwalior State, Samvat 1983", or in any other
ges held by enactment for the time being in force, the Tehsildar may
Malguzar or with the previous permission of the Suba of the District by
Assignees of notice in writing in the form specified in the Schedule, call
u P on an y Malguzar or an assignee of proprietary rights,
within his jurisdiction to let out or allot for cultivation any
land lying unoccupied and uncultivated in a village or part
of a village held by him within 30 days from the date of the
service of such notice or within such further period as the
Tehsildar may extend or to arrange for its cultivation himself
from the agricultural year following next :
Provided that no notice shall be issued under this sub-
section in respect of any land which is a grove land or which
is considered necessary to be continued as pasture land
(Charnoi), or which is, by force of any custom, used as
threshing floor, road, path, guha or such other purposes.
(2) The decision of the Suba whether a particular land
is required to be left for pasture (Charnoi) or other purposes
as required under proviso to sub-section (i) shall be final.
(3) Where a land, in respect of which a notice is required
to be issued under sub-section (i), is in possession of a Thekedar,
the Tehsildar shall issue notice both to the Thckedar and the
Malgu^ar.
(4) A notice under sub-section (i) shall be served in
accordance with the procedure laid down in that behalf
in the Code of Civil Procedure for the time being in force.
(5) If the Malguzar, or the assignee of proprietary rights
shows to the satisfaction of the Suba within 30 days from the
date of the service of the notice that the land is not capable
of being cultivated or that it is already being cultivated or
has already been let out or allotted for cultivation, the Suba
shall cancel the notice.
(6) If the Malguzar or the assignee of proprietary rights
desires to make arrangement foi the cultivation of the land
himself, he shall inform the Tehsildar accordingly in writing
within 30 days from the date of the service of the notice or
within such further period as the Tehsildar may extend.
(7) If the land is let out or allotted as required under sub-
section (i), the Malguzar or Assignee of proprietary rights
shall produce the Qabuliyat or Patta and get it verified by
the tenant before the Tehsildar within 30 days from the
date of the service of the notice or within such further period
as the Tehsildar may extend.
(8) If neither the provisions of sub-section (6) or (7) are
complied with, nor the notice issued under sub-section (i)
is cancelled under sub-section (5), the Tehsildar may, subject
to the rules made under this Act, let out or allot such land to a
bona fide agriculturist or a co-operative farming society for
cultivation.
Of 1950] The Madhya Bharat Land Utilization Act, 1950 25
(9) Where the land is let out or allotted by the Tehsildar
under sub-section (8), the tenure shall be "Maurusi" or
"Pattedari" as the case may be. The rent payable by such
tenant for such land will be determined by the Tehsildar in
accordance with the rate fixed for similar classes of soil in
the villages concerned at the time of settlement :
Provided that if settlement has not been made or completed
the rent will be determined by the Tehsildar keeping in
view the general level of rents in that and adjoining villages :
Provided further that in special cases or in areas where
owing to the undeveloped or economically backward con-
dition of the tract, the Government is satisfied that land
cannot reasonably be expected to be brought under cultivation
without total or partial exemption from payment of rent,
the Government may grant such concessions for a period not
exceeding five years in such cases or areas.
(10) If the land is let out or allotted for cultivation by
the Tehsildar under sub-section (8), the Malgu^ar or the
Assignee of proprietary rights, as the case may be, shall be
entitled to receive the rent fixed under sub-section (9) from
the tenant.
4. ( i ) If the percentage of fallow land in the holding of Cultivation
any tenant is larger than what may be fixed by the Govern- of excess fal-
ment for a district, pargana or part of pargana in which the lo . w ,
holding is situated, the Tehsildar may, notwithstanding ings<
anything contained in any enactment for the time being in
force call upon the tenant, by notice in writing in the pres-
cribed form, to bring the excess fallow land under cultiva-
tion by himself or through a sub-lessee from the Agricultural
Year next following.
(2) If the tenant shows to the satisfaction of the Tehsildar
within 30 days from the service of the notice that the land
is not capable of being cultivated or that it is already being
cultivated, the Tehsildar shall cancel the notice.
(3) If the land is let out to a sub-tenant, the tenant shall
produce the Qabuliyat or document affecting such sub-lease
and shall get it verified by the sub-tenant before the Tehsildar
within 30 days from the date of the service of the notice or
within such further period as the Tehsildar may extend.
(4) If the tenant desires to bring the land under cultiva-
tion by himself, he shall inform the Tehsildar accordingly
in writing within 30 days from the date of service of the
notice or within such further period as the Tehsildar may
extend.
(5) If neither the provisions of sub-section (3) or (4) are
complied with, nor the notice issued under sub-section (i)
is cancelled under sub-section (2), the Tehsildar may, subject
to rules made under this Act, sub-let the land for a
period not exceeding five years.
(6) The rent payable by the sub-tenant will be determined
by the Tehsildar in accordance with the rate fixed for similar
classes of soil in the village concerned at the time of settlement:
26 The Madhya Bharat Land Utilization Act, 1950 [ACT xxxvrn
Provided that if settlement has not been made or completed
the rent will be determined by the Tehsildar keeping in
view the general level of rents in that and adjoining villages :
Provided further that in special cases or in areas where
owing to the undeveloped or economically backward condi-
tion ol the tract, the Government is satisfied that land cannot
reasonably be expected to be brought under cultivation with-
out total or partial exemption from payment of rent, the
Government may grant concessions in such cases or areas.
(7) If the land is let out for cultivation by the Tehsildar
under sub-section (5) the tenant shall be entitled to receive
the rent as fixed under sub-section (6) from the sub-lessee.
(8) A sub-lease under sub-section (i) shall not be affected
for a total perioa^q|* more than five years and shall be made in
the prescribed manner.
(9) Notwithstanding anything contained in any enact-
ment for the time being in force a sub-lessee, who does not
hand over possession of the land sub-let to him under this
section to the lessor or to the tenant who was in possession
of the land before the sub-lease v\as affected or to his legal
heir in case of his (lessor's or tenant's) death after the expiry
of the period of such lease, shall be deemed to be a trespasser
and shall be liable to ejectment in accordance with the pro-
vHons of the United State of Gwalior, Indore arid Malwa
(Madhya Bharat) Land Revenue and Tenancy Ordinance,
Samvat ^005.
( i o) On the dispossession of a trespasser under sub-section
(9) the tenant, or if he is dead, his legal heir shall under orders
of the Tehsildar be placed in possession of the land and
shall be called upon to cultivate it from the agricultural
year following next.
(11) If the tenant or his legal heir, as the case may be y
refuses or fails to cultivate the land as required under sub-
section (10) or on receiving back the possession from the
sub-lessee after the expiry of the period of sub-lease from the
agricultural year following next, the land shall be deemed to
have been abandoned.
Tenant to 5. Where any land is let out or allotted to any tenant
cultivate the or sub-lessee or where a Malgu^ar^ Assignee of proprietary
tcThinT Ut S nts or an owner or occupier of agricultural land agrees
to bring any land under cultivation in accordance with the
provisions of this Act, the Malguzar, Assignee of proprietary
rights, tenant, sub-lessee or owner or occupier, as the case
may be, shall bring at least half the area under cultivation
within one year and at least 3 /4th of the area within two
years and at least 9/1 oth of the area within three years from
the agricultural year the land is required to be brought
under cultivation :
Provided that at least 40 p.c. of the area within the first
year and at least 70 p.c. of the area within two years shall
be brought under food grains which will include millets,
wheat, paddv, gram and pulses of all kinds.
1950] The Madhya Bharat Land Utilization Act, 1950 27
6. No order made in exercise of any power conferred by Saving as to
or under this Act or any rule made thereunder shall be or " er -
called in question in any Civil or Criminal Court.
7. (i) If any person contravenes the provisions of section 6 Penalty,
or 7 of this Act he shall be punishable with fine not exceeding
rupees five hundred.
(2) The offence under this Act shall be bailable, non-
compoundable and triable by a Magistrate of the Second
Class.
(3) No complaint for any offence under this Act shall be
presented without the previous sanction of the Suba.
8. (i) No suit, prosecution or other legal proceedings Piosecution
shall lie against the Suba, Tehsildar or any other person as to action
acting under the order of the Suba or Tehsildar for anything taken,
which is in good faith done or intended to be done in pur-
suance of this Act or any rules made theieunder or any
order issued under the provisions of this Act.
(2) No suit or other legal proceedings shall lie against the
Government for any damage caused or likely to be caused
by anything in good faith done in pursuance of this Act or
any rules made thereunder or any order issued in pursuance
of the provisions of this Act.
9. The Government may make rules for carrying out power t<
the provisions of this Act. The rules may also provide make rules
for the punishment for any contravention of the provisions
of such rules.
10. As soon as this Act comes into force the United State Repeal
of Gwalior, Indore and Malwa (Madhya Bharat) Land
Utilization Ordinance, Samvat 2006 (Ordinance No. 62 of
1949, Samvat 2006) shall stand repealed:
Provided that all orders passed and actions taken under
the said Ordinance shall be deemed to have been passed or
taken, as the case may be, under this Act.
THE BIHAR WASTE LANDS (RECLAMA-
TION, CULTIVATION AND IMPROVE-
MENT) ACT, 1946
Bihar Act XVI of igj.6
An Act to provide for the Reclamation, Cultivation and
Improvement of waste and unproductive lands
in the Province of Bihar.
WHEREAS it is expedient to provide for the reclamation,
cultivation and improvement of waste and unproductive
lands in the Province of Bihar;
It is hereby enacted as follows :
Short title, i. ( i ) This Act may be called the Bihar Waste Lands
extent and (Reclamation. Cultivation and Improvement) Act, 1046.
commence- . .
ment. (2) It shall extend to the whole of the Province of Bihar.
(3) It shall come into force in such area and on such
date as the 1 [State] Government may, by notification,
direct.
Definitions. 2. In this Act, unless there is anything repugnant in
the subject or context,
(a) "Collector" includes any officer whom the Provin-
cial Government may, by notification, appoint to
exercise and perform the powers and duties
of a Collector under this Act;
(b) "date of possession" means the date on which the
Collector enters upon and takes possession of land
under section 3 ;
(c) "landlord" includes a proprietor, a tenure-holder
and a usufructuary mortgagee of the proprietor or
tenure-holder but does not include a village head
man or a raiyat ;
(</) "notified area" means any area specified in a
notification issued under sub-section (3) of section i ;
(e) "period of possession" means the period commenc-
ing from the date of possession and ending on the
date on which the Collector on termination of
possession under section 8 issues the declaration
referred to in the said section ;
(/) "prescribed" means prescribed by rules made under
this Act ;
(g) "tenant" includes a usufructuary mortgagee of the
tenant; and
(h) "waste and unproductive land" means land lying
fallow and recorded in the record-of-rights as gair-
mazrua khas or gair-mazrua malik or parti or parti qadim
or parti jadid or land which has been lying fallow
Substituted by the Adaptation of Laws Order, 1950.
28
The Bihar Waste Lands (Reclamation, Cultivation * 29
and Improvement} Act, 1646
for a continuous period of not less than five years
preceding the date of possession, or land which
owing to the action of a river or a natural calamity
is lying fallow or which has so deteriorated owing
to a deposit of sand or accumulation of water or
growth of jungle or any other cause as to render
its cultivation for the time being unprofitable.
3. When the Collector is satisfied that it is necessary, Collector's
in order to bring any waste or unproductive land in a notic . e before
notified area under cultivation without undue delay, * sl o" g P for
that the J [State] Government should take temporary purposes of
possession of such land, he may serve a notice in the reclamation
prescribed form and in the prescribed manner on the and lm Pve-
landlords and tenants and may within the prescribed period ment -
enter upon and take possession of the land on behalf of the
1 [State] Government.
4. ( i ) When the Collector takes possession of any land Incidents of
on behalf of the T [State] Government under section 3, possession of
such possession may continue for such period not exceed-
ing ten years, as the Collector, subject to any general or
special orders of the ] [State] Government, may direct.
(2) During the period of possession the Collector may,
subject to any general or special orders of the 1 [State]
Government, retain the land in his khas possession and
arrange at the cost of Government for its reclamation,
cultivation and improvement in the prescribed manner.
(3) During the period of possession the landlord or tenant
shall not be entitled to recover anything in respect of the
land taken possession of by the Collector save and except
in accordance with the provisions of this Act or anything
prescribed thereunder.
(4) The compensation payable for the period during
which the land is held by the Collector under sub-section
( i ) shall be determined by the Collector according to the
following principles, namely :
(a) if at the date of possession a tenant was in, or
was entitled to, immediate possession of the
land, the compensation shall be payable to the
landlord at a rate which shall not be less
than one and not more than two annas per acre,
and the tenant who was in, or was entitled to,
immediate possession shall also receive compen-
sation at the same rate ; and
(b) in any other case compensation shall be payable
to the landlord alone at a rate which shall not
be less than two and not more than four annas
per acre.
Substituted by ibid.
30 * The Bihar Waste Lands (Reclamation, Cultivation [ACT xvi
and Improvement) Act, 1946
Conscquen- 5. When the Collector takes possession of any land
ces of land unc | er section s, the following consequences shall ensue,
taken posses- , ' 0*1
sion of by namely :
Collector. ( fl ) a ]i claims of the landlord to any arrears of rent
accrued due in respect of the land for the period
prior to the date of possession shall be barred,
and all proceedings then pending in any Court
and the operation of all processes, executions and
attachments then in force in respect of any such
claim shall lapse ;
(b) no fresh proceedings, processes, executions or attach-
ments shall be instituted in, or issued by, any
Court in respect of any such claim.
Accounts 6. The Collector shall keep an account in the prescribed
form of all income and expenditure of the T [State]
Government relating to all lands of which possession is
taken by him under section 3, and any landlord, tenant
or other person having an interest in any such land may,
on payment of a fee of eight annas, inspect such accounts.
7. (i) The net expenditure incurred by the x [State]
e Government on the reclamation, cultivation and improve -
netexpendi- ment of any land under the provisions of this Act or such
ture on re- portion thereof as the * [State] Government may, by
clamatipn, general or special order, direct, may, with interest at such
ancUmprove- rate > not exceeding three per centum per annum, as the
ment and re- Collector may fix, be recovered as arrears of land revenue
covery there- from the tenant or landlord who was in, or was
r - entitled to, immediate possession of the land at the date
of possession or from his heir or successor-in-interest or
if, within the period specified in the first proviso to
section 8, such tenant or landlord or his heir or succes-
sor-in-interest fails to take back the delivery of possession
of the land, the said expenditure together with the interest
shall be recovered from the new tenant with whom the
land has been settled by the Collector under the said
proviso, in such annual instalments not exceeding ten, as
the * [State] Government may, by notification, fix :
Provided that a landlord or tenant or his heir or succes-
sor-in-interest from whom the said expenditure is recover-
able may, at any time, pay the entire amount then due
from him instead of in instalments :
Provided further that if the income from the land exceeds
the expenditure, the surplus shall be credited to the
account of, and paid to, the landlord or tenant who was
in, or was entitled to, immediate possession of the land at
the date of possession.
Explanation. For the purposes of this section, the ex-
pression "net expenditure" means the total expenditure
incurred by the l [State] Government on the reclamation,
cultivation and improvement of the land after deducting
therefrom the income, if any, accruing from the land
during the period of possession.
i Substituted by ibid.
IDF 1946] The Bihar Waste Lands (Reclamation, Cultivation 31
and Improvement] Act, 1946
(2) The amount of any expenditure to be recovered
from any person under sub-section ( i ) shall, subject to any
general or special order of the 1 [State] Government, be
determined by the Collector in the prescribed manner,
(3) An appeal against the decision of the Collector
under sub-section (2) as to the amount of the net ex-
penditure to be recovered from any person shall lie to
the Commissioner within sixty days from the date of such
decision and subject to the result of such appeal the deci-
sion of the Collector shall be final and shall not be question-
ed in any Court.
8. When the Collector is satisfied that the reclamation Termination
and improvement of any land or a portion thereof of which f possession
possession has been taken under section 3 is complete and ^[ on c f
that the continuance of the possession so taken is no longer reclama-
necessary, the Collector may, after serving a notice in the tion and im-
prescribed form and in the prescribed manner on the land- provement
lords or tenants, terminate the possession so taken and ^ be ^idoi
declare that the tenant or the landlord who was in or was before posses-
entitled to immediate possession of the land at the date sion is termi-
of possession or his heir or successor-in-interest shall be nated -
restored to the possession of the land and put in possession
of the same in the prescribed manner :
Provided that if such tenant or landlord or his heir or
successor-in-interest fails to take back the delivery of posses-
sion or the land within one year from the date of such de-
claration, the Collector may, subject to any general or
special order of the ] [State] Government, settle the
land with a new tenant on such terms and conditions as
he may fix and in the case of rent paying land at a rate
of rent not lower than the rate of rent payable for the
land on the date of possession :
Provided further that the Collector shall terminate the
possession taken under section 3 before the expiration of
-the period of ten years specified in sub-section ( i ) of
section 4.
9. Save as otherwise provided in this Act, the taking Suspension
of possession of any land under section 3, shall have the of existing
effect of suspending but not superseding or extinguishing
any rights or devolution of any rights in respect of the
land existing at the date of possession and the landlord
shall remain liable for payment of land revenue and land-
lord's share of the cess during the period of possession.
10. (i) Any right of any third party in or over the land Right of third
of which the Collector has taken possession under section party in or
3 shall remain in abeyance during the period of possession. ov r land
(2) In the case referred to in sub-section (i) the Collector sion of by
may Collector.
(a) where it is possible to enter into an arrangement
with the interested parties whereby the same
right can for the time being be exercised over
other land, make and give effect to such an
arrangement ;
'i Substituted by ibid.
32 The Bihar Waste Lands (Reclamation, Cultivation [ACT xvi OF 1946]
and Improvement] Act, 1946
(b) where no such arrangement as described in clause
(a) is possible, determine the compensation to be
paid to the third party,
Explanation. For the purposes of this section, "third
party" means any person who is not a landlord or tenant
of the land nor holds under or by transfer from a landlord
or tenant, and includes the village community.
Conditions ii. No proceedings under this Act shall be called in
for question- question merely on the ground that there was an irregu-
inls Pr C( and ^ ar ^Y m tne serv i ce of the prescribed notice nor shall any
orders of order of the Collector be set aside or modified except under
the Collector the provisions of this Act.
under the Act
Power to 12. (i) The 1 [State] Government may, by notification,
make rules, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the genera-
lity of the foregoing power, such rules may
(a) prescribe the form of the notice referred to in
section 3, the manner of serving the notice and
the period within which the Collector shall enter
upon arid take possession of the land after service
of such notice ;
(b) prescribe the manner in which the Collector shall
under sub-section (2) of section 4 arrange for the
reclamation, cultivation and improvement of the
land during the period of possession ;
(c) prescribe the amounts which the landlord or tenant
may recover under sub-section (3) of section 4;
(d) prescribe the form of accounts under section 6 ;
(e) prescribe the manner in which the Collector shall
determine the expenditure to be recovered from
any person under sub-section (i) of section 7;
and
(/) prescribe the form of the notice referred to in
section 8 and the manner of serving the said notice
and of putting a person in possession of the land
under the said section.
Substituted by ibid.
THE C.P. & BERAR RECLAMATION OF
LANDS (ERADICATION OF KANS) ACT,
1948 (AS AMENDED UPTO 1950)
Central Provinces and Berar Act
No. XVII of 1948
An Act to provide for reclamation of lands by
eradication of kans weed in certain areas.
WHEREAS it is expedient to provide for reclamation of Preamble,
lands by eradication of kans weed in certain areas of the
Central Provinces ;
It is hereby enacted as follows :
1. (i) This Act may be cited as the Central Provinces Short title
Reclamation of Lands (Eradication of Kans) Act, 1948. and extent.
(2) It extends to the whole of the ] [Madhya Pradesh].
2. In this Act unless there is anything repugnant in the Definitions,
subject or context,
(a) "eradicating operations" means such operations
as are considered necessary by the Reclamation
Officer to eradicate kans from a kans area ;
(b) "kans" means a kind of weed known as Saccharum
Spontancum (hereinafter referred to as kans) ;
(c) "kans area" means the area which the ] [State]
Government may by notification declare under
clause (a) of sub-section (i) of section 3 to be an
area infested with kans ;
(d) "Reclamation Officer" means an officer appointed
as such by the 1 [State] Government and includes
any other officer authorised by the Reclamation
Officer to exercise all or any powers conferred
upon him under this Act.
3. (i) If the I [State] Government is of opinion that Declaration
any area is infested with kans, it may, by notification
(a) declare such area, giving full particulars thereof,
to be a kans area for the purposes of this Act; and
(b) authorise the Reclamation Officer to enter upon
any land in such area and take possession thereof
for such period as may be specified for the purpose
of eradication of kans from such area.
(2) Such notification shall be a sufficient notice of the
facts stated therein to all persons owning or having interest
in the land comprised in such area.
(3) The Deputy Commissioner of the district comprising
the kans area shall give publicity to the notification issued
under sub-section (i) in such manner as he deems fit.
i Substituted by the Adaptation of Laws Order, 1950.
*
33
34 The C. P. and Berar Reclamation of Lands (Eradication of Kans}
Act, 1048
Constitution 4. The 1 [State] Government may for the purpose of
ofRcclama- ass i st i ng t h e Reclamation Officer appoint a Reclamation
-lee? mit " Committee consisting of such persons as it may think fit,
and assign such duties to the Committee as it may deem fit.
Power to 5. On the issue of a notification under sub-section (i) of
survey and section 3, the Reclamation Officer and his subordinates and
carry on era- workmen authorised by him in this behalf may
cheating '
operations. ^ en t e r upon any land in the kans area for the purpose
of survey and any other ancillary purpose ; and
(b) take possession of the whole or any part of the kans
area and carry on eradicating operations therein.
[ACT XVD
Liability of
owners, etc.,
lor cost of
eradicating
operations
Recovery of
costs.
Compensa-
tion for
-damage.
6. 2 f(i) Every person owning or having interest in the
land, in which eradicating operations have been carried
on, shall be liable to pay for such operations costs at such
rates and in accordance with such principles as may be
prescribed.
(2) The Reclamation Officer shall, in consultation with
the Reclamation Committee, fix the amount of cost payable
by each owner or other person having interest in the land
comprised in the kans area. The amount so fixed shall be
a charge on the land to which it relates and shall not be
called in question in any suit or other legal proceeding.
(3) The Reclamation Officer shall also determine whether
the amount so apportioned shall be paid by the person
owning or having interest in the land in one lump sum or
by annual instalments, and w r here he directs annual instal-
ments, he may fix the amount and number of such instal-
ments.]
7. ( i ) The Deputy Commissioner shall cause to be served
on a person owning or having interest in the land in which
eradicating operations have been carried on a notice of
demand specifying the amount of cost of reclamation payable
by him and the period within which it shall be paid.
(2) The said costs shall be recoverable as arrears of land
revenue.
8. (i) Any person may within thirty days from the date of
restoration of the land to him, apply to the Reclamation
Committee for payment of compensation for destruction
of or damage to any plant or tree in his land as a result of
the eradicating operations carried on under section 5.
(2) On receipt of such application the Reclamation Com-
mittee may make such enquiry as it deems fit and if in its
opinion the payment of compensation is justified, it may
grant such amount of compensation as it deems fit.
(3) The decision of the Reclamation Committee shall be
final in all respects and shall not be called in question in any
court of law.
' Substituted by the Adaptation of Laws Order, 1950.
2 Substituted by section 2 of Madhya Pradesh Act VI of 1950.
OF 1948] The C. P. and Berar Reclamation of Lands (Eradication of Kans) 35
Act, 1948
9. The Deputy Commissioner may 'take or cause to be Power of
taken such steps or use. or cause to be used such force as D ?P utv Com< *
, . r. . . ' , t r . missioncr to
may in his opinion be reasonably necessary for securing enforce corn-
compliance with the provisions of this Act. phancc.
10. All persons acting in pursuance of the provisions of Persons act-
this Act shall be deemed to be public servants within the S undcr the
XLVof 1860 meaning of that expression in the Indian Penal Code, 1860.
vant.
11. (i) No suit, prosecution or other legal proceedings Protection of
shall be instituted against any person for anything which P crsons *rt-
is in good faith done or intended to be done under this Act. f"^ n S
(2) No suit shall be instituted against the Crown and no
prosecution or suit shall be instituted against any person
for anything done or intended to be done under this Act.
12. (i) The Central Provinces Reclamation of Lands Rc P cal and
III of 1948. (Eradication of Kans) Ordinance, 1948, is hereby repealed. saxmg: "
(2) Any notification issued, appointment, authorization
or enquiry made, duty assigned, notice served or any action
taken under the said Ordinance shall, if not inconsistent
with the provisions of this Act, be deemed to have been
issued, made, assigned, served or taken under this Act.
13. (i) The 1 [State] Government may by notification Power to
make rules for carrying out the purposes of this Act. make niles *
(2) Without prejudice to the generality of the foregoing
powers, such rules may provide for the assessment of damage
to embankments and field boundaries and payment of com-
pensation therefor.
Substituted by the Adaptation of Laws Order, 1950.
Short title,
extent and
commence-
ment.
THE KUMAUN NAYABAD AND WASTE
LANDS ACT, 1948
U.P. Act No. XXXII of 1948
An Act to regulate the Nayabad and Waste Land
Grants in hill pattis of the Kumaun Division.
Preamble. WHEREAS it is expedient to amend the law relating to the
cultivation and use of unmeasured lands in the hill pattis of
the Kumaun Division;
It is hereby enacted as follows :
CHAPTER I
PRELIMINARY
i. (i) This Act may be called "the Kumaun Nayabad
and Waste Lands Act, 1948."
(2) It extends to the hill pattis of the Kumaun Division,
except land situate within the limits of any municipality,
notified area or town area.
(3) It shall come into force at once.
Repeal, 2 . The Kumaun Nayabad and Waste Land Rules
published with Government notification No. 6i2/XIV-
312(24), dated August i, 1934, as subsequently amended,
and the provisions of the Indian Forest Act, 1927, in so far Act XVI of
as they are inconsistent with the provisions of this Act are 1 9 2 7*
hereby repealed.
Definitions. 3. In this Act, unless there is anything repugnant in the
subject or context,
(1) "Board", "Assistant Collector in charge of a sub-
division" and "Assistant Collector, first class"
shall have the same meaning as in the Land
Revenue Act, 1901, as modified for Kumaun and
"Deputy Commissioner" and "Deputy Commis-
sioner-in-charge, Kumaun Division" shall have
the same meaning as "Collector" and "Commis-
sioner," respectively, in that Act;
(2) "extension" means a contiguous addition to existing
cultivation;
(3) "nayabad grant" or "grant" means a grant of
unmeasured land made in accordance with the
provisions of this Act;
(4) "old reserves", "class II forests" and "class I forests"
mean forests constituted under Chapter II of the
Indian Forest Act, 1927; Act XVI of
(5) "panchayat forest" means a forest constituted under 7 '
the Panchayat Forest Rules applicable to Kumaun ;
36
The Kumaun Nayabad & Waste Lands Act, 1 948 37
(6) "prescribed" means prescribed by this Act or by
rules made thereunder;
(7) "protected trees" means the trees the felling or
looping of which is prohibited in accordance with
the rules framed from time to time under the Indian
Act XVI of Forest Act, 1927;
I927 ' (8) "public path" means a path which, though recorded
or not in settlement papers, is recognized and is
used as such by the inhabitants of the locality;
(9) "settlement path" me^ns a path recorded as such
in the records of the settlement, for the time being
in force;
(10) "traditional boundary" means the boundary of a
village defined at Mr. Trail's Settlement of 1923
(Samvat 1880) or as established in 1839 (Samvat
1896) subject to any subsequent certification by
order of a Settlement or Record Officer or by a
judicial decision;
(11) "unmeasured land" means land which has not
been measured and on which no land revenue has
been assessed at the last settlement but includes
land known as Kaiser-i-Hind land.
CHAPTER II
EXTENSIONS AND NAYABAD GRANTS
4. The breaking up of waste land for cultivation can be
(1) by extension, or
(2) by a nayabad grant.
5. Subject to the rules made under section 25 every person
cultivating land in Kumaun has a right to extend his culti-
vation over adjoining unmeasured land and the person so
extending his .cultivation shall possess the same rights over
such extension as he has in his original cultivation:
Provided that no extension shall be made in a village
(i) in which 75 per cent, or more of the total culturable
area has already been brought under cultivation; or
(ii) in respect of which the Deputy Commissioner-in-
charge, Kumaun Division, has made a declaration
prohibiting extensions without the written permission
of the said officer.
6. Except in a village in which the making of grants has
been prohibked by a declaration made by the Deputy Com-
missioner-in-charge, Kumaun Division, a nayabad grant for
cultivation or for planting a garden or for the construction
of buildings may, on application to the Assistant Collector
in charge of the sub-division in which the grant is desired,
be made by him in accordance with the rules made under
section 25-
38 The Kumaun Nayabad & Waste Lands Act, 1948 [ACT xxxn
7. No extension or grant shall
(i) encroach on
(a) old reserves, class II, class I and panchayat forests;
(/>) the traditional boundary of another village;
(<} land lawfully in the possession or cultivation of
another person;
(d] any settlement or public path; or
(ii) otherwise interfere with the prescriptive or ease-
ment rights held by any person other than the
person making the extension for obtaining the grant.
8. No grant or extension shall be made on the tops or
steep sides of hills where erosion is likely to occur on account
of the removal of forest growth, or on land on which deodar ,
cypress, walnut or other protected trees stand in such number
as to make the grant or extension undesirable, nor shall
grants ordinarily be made where the land to be granted or
its immediate vicinity contains a large nuinber of pine or
oak trees.
9. No nayabad grant or any portion thereof shall be trans-
ferred by the grantee to any person save with the prior sanc-
tion of the Deputy Commissioner who may accord such
sanction only after satisfying himself that the reasons for the
transfer of the whole or portion, as the case may be, warrant
such transfer.
Explanation. For the purposes of this section grantee
includes persons claiming through or under him.
10. Nayabad grants may be made for the purpose of
planting a garden but notwithstanding anything contained
in section 5 no extensions shall be made or allowed to be
madje bv reason of the possession of any such grant.
CHAPTER III
SUITS
Suit to set n Where a grant has been sanctioned, any person
aside orders aggrieved by the grant may file a suit in the appropriate
sanctioning c jyij cour t to set it aside on one or more of the following
a grant * grounds, namely :
(d) That he has proprietary rights in the land included
in the grant.
(4) That the grant would materially affect his pres-
criptive or easement rights or his extension.
(c) That the grant lies within the traditional boundary
of his village and not within that of the grantee.
(d) That the grantee is not entitled to a grant under
the rules prescribed for the purpose:
Provided that no suit shall lie in the case of grant sanc-
tioned for a public purpose or for the construction of a building
other than a building intended for agricultural purposes.
OF 1948] The Kumaun Xayabad & Waste Lands Act> 1948 39
12. Notwithstanding anything contained in the Indian Period of
Limitation Act, 1908, the period of limitation for a suit hmitatlon j r
under section n shall be six months from the date on which Section""."'
the grant is sanctioned under section 6.
13. A suit may be filed in a civil court for a declaration Suits relating
of injunction or for both J traditional
boundary
(a) in respect of the traditional boundary of a village, or and eascmen-
(b) in respect of easement rights in unmeasured land. tary ng { '
CHAPTER IV
JURISDICTION AND PROCEDURE
14. Subject to the provisions contained in Chapter III, Jurisdiction
all proceedings under this Act and the rules made thereunder of Revenue
shall be heard and decided by Revenue courts and no court
other than a Revenue court shall take cognizance of any
such proceeding.
I 5- (0 ( a ) The Assistant Collector in charge of a sub-
division may transfer any proceeding pending before him
to the court of any Assistant Collector, first class, competent
to try or dispose of the same.
(b) The Deputy Commissioner may, foi sufficient reason,
transfer any proceeding or class of proceedings from the
court of the Assistant Collector in charge of the sub-division
to the court of an Assistant Collector, first class, or from the
c ourt of any Assistant Collector, first c lass, to the court of
any other Assistant Collec tor, first class, competent to try or
dispose of the same :
Provided that no proceeding mentioned in this sub-section
shall be transferred to a court that has its place of sitting
outside the sub-division in which the proceeding was com-
menced.
(2) The Deputy Commissioner- iri-charge, Kumaun Divi-
sion, may, for sufficient reasons, transfer any appeal from
the court of a Deputy Commissioner to the Court of another
Deputy Commissioner.
V of 1908. 16- The provisions of the Code of Civil Procedure, 1908, Application
as modified in their application to the Kumaun Division, in JJJ ^i^f of
so far as they are not inconsistent with the provisions of this ^ U rc
Act shall apply to all suits and proceedings under this Act
or the rules made thereunder.
CHAPTER V
APPEALS AND REVISIONS
17. No appeal shall lie from any order passed by any Appeals.
Revenue court under this Act except as provided in this Act.
18. An appeal shall lie to the Deputy Commissioner from First appeal,
all orders passed under any of the provisions of this Act by
an Assistant Collector in charge of a sub-division or an
Assistant Collector of the first class.
40
The Kumaum Nayabad and Waste Lands Act, 1 948
[ACT xxxif
Second ig. A second appeal shall lie to the Deputy Commissioner-
appeal. in-charge, Kumaun Division, from an appellate order of
the Deputy Commissioner under section 18 on any of the
grounds specified in section i oo of the Code of Civil Procedure,
1908.
Period of so. ( i ) No appeal to the Deputy Commissioner shall be
limitation of brought after the expiry of thirty days from the date of the
appeals. Qrder complained of-
(2) No second appeal to the Deputy Commissioner-in-
charge, Kumaun Division, shall be brought after the expiry
of sixty days from the date of the order appealed against.
Power of 21. The Board may, on the application of a party or of
Board to call ^ ts own mo tion, call for the record of any proceeding decided
am/revise 8 ky a subordinate Revenue court under this Act and if such
orders. court appears to have exercised a jurisdiction not vested in
it by law, 01 to have failed to exercise a jurisdiction so
vested or to have acted in the exercise of its jurisdiction
illegally or with material irregularity the Board may pass
such order in the case as it thinks fit.
CHAPTER VI
MISCELLANEOUS
Power to 22. Nothing contained in this Act shall prevent the Deputy
lease unmea- Commissioner from giving unmeasured land on lease subject
sured land. , . , , , *7 r i i . J
to rules in that behalf made under section 25.
Penalty for 33. ( j ) When an extension has been made or a grant
ll i le ^ 1 ^ ten " has been used contrary to the provisions of this Act or of
misuse of the rules framed thereunder, the Assistant Collector in charge
grants. of the sub-division may, on the application of any party
or of his own motion, proceed against persons liable for the
contravention in any one or more of the following manners :
(a) Order evacuation of the extension or grant; or
(b) recover the cost of evacuation or removal of exten-
sion from the person concerned, if the evacuation
of the persons or removal of extension has been
made at the cost of Government, or
(c) forbid the use of the land in future by the person
who has made the illegal extension or misused
the grant; or
(d) levy the cost of any tree felled or produce extracted
from the trees together with compensation not
exceeding Rs. 100.
(2) If the Assistant Collector in charge of the sub-division
orders evacuation or forbids the use of the land under clauses
(a), (6) or (c) of sub-section (i) he shall forward the case to
the Deputy Commissioner of the district for the cancellation
of the grant.
(3) Any amount levied under clause (d) of sub-section (i)
shall be recoverable as an arrear of land revenue.
OF 1948] The Kumaun Nayabad & Waste Lands Act, 1948 41
24* Any person disobeying an order passed under clause (a) Penalty for
or (c) of sub-section (i) of section 23 shall be liable to prose- J^jCT^ 1106
cution and shall, on conviction, be punishable with a fine p asse d under
not exceeding five hundred rupees. section 23.
25. The l [State] Government may, after previous Power to
publication, make rules consistent with this Act make rules.
(1) prescribing the extent to and the circumstances in
which and the restrictions subject to which exten-
sions may be made;
(2) prescribing the manner in which the person to
whom and the conditions subject to which, nayabad
grants may be made;
(3) for the lease of unmeasured land for non-agricultural
purposes; and
(4) for generally giving effect to the provisions of this
AcL
26. A suit or proceeding und ;r any of the provisions of Disposal of
the Kumaun Nayabad and Waste Land Rules which were pending suits
in force immediately before the commencement of this Act and P roceed "
shall be decided in accordance with the corresponding ings '
provisions of this Act and, if there is no corresponding provi-
sions the suit shall be dismissed or the proceedings quashed.
Substituted by the Adaptation of La\\s Order, 1950.
THE EAST PUNJAB RECLAMATION
OF LAND ACT, 1949
East Punjab Act No. XXII of 1949
An Act to provide for reclamation of lands
in certain areas
It is hereby enacted as follows :
Short title i. (i) This Act may be called the East Punjab Reclama-
and extent. tion of Land Act, 1949.
(n) It extends to the whole of the 1 [State] of 2 [ ] Punjab.
2. In this Act unless there is anything repugnant in the
subject or context,
(a) "Reclamation" means such operations as are consi-
dered necessary by the Director of Agriculture to
reclaim and cultivate any reclaimable area ;
(b) "Reclaimable area" means such waste lands and
the intervening cultivated areas as the 1 [State]
Government may by notification declare under
section 4 to be a reclaimable area ;
(c) "the Director" means the Head of the Department
of Agriculture in 2 f ] Punjab ;
(d) "Preliminary survey" means operations undertaken
to asceitain the quality of any land foi the purpose
of declaring it reclaimable area ;
(e) "Waste land" means land recorded as Banjar of
any kind in revenue records and such Ghmrmwn-
kin lands as are reclaimable.
Auihonty to ^ *phe Director may enter upon any waste land for the
\vastc lands"" P ur P osc f carrying out preliminary survey.
Dt'clanition 4. (i) If the J [State] Government is of opinion that
and iioniica- any area is required ior reclamation, it may by notification
ti<m of rt j - declare such area to be reclaimable area for the purpose of
an*" 113 y l -md ^" s ^ ct anc ^ surn notification shall be conclusive evidence
Jiowcrs of \hr of the matters stated therein, and shall not be liable to be
Director with called in question in any court.
[of*"' ^ C ( 2 ) The (Collector of the District in which the reclaimable
area is situated shall give publicity to the notification issued
under sub-section (i) in such manner as he may deem fit.
(3) Upon the issue of a notification under sub-section (i)
the Collector may, notwithstanding any law to the contrary,
authorise the Director to take possession of the whole or
any part of the area specified therein.
(4) The Collector shall then proceed to acquire the land
or procure its temporary occupation, as the case may be,
and the provisions of the Land Acquisition Act, 1894, except I of 1894.
sections 4 to 8 inclusive, as amended by the Land Acquisition
(East Punjab Amendment) Act, 1948, shall be applicable jjf xvof
as nearly as may be. | 94 8.
, Substituted by the Adaptation of Laws Order, 1950.
>. Omitted by Mi.
42
The East Punjab Reclamation of Land Act, 1949 43
5. (i) On getting a requisition from the Director thes Acquisition
Collector of the district in which the reclaimable area is of land * r
situated, shall acquire land for the purpose of constructing rS^
approach roads to such area.
(2) For the acquisition of land under sub-section (i) the
provision of the Land Acquisition Act, 1894, as amended
by East Punjab Act XV of 1948, shall be followed as nearly
as may be.
6. The Deputy Commissioner may take or cause to be P<>\\eis "1
taken such steps or use or cause to be used such force, as Deputy Com-
, . L . . * , , r '. missioner
may in Ins opinion he reasonably, necessary for securing
compliance with tlie provisions of this Act.
7. The Director may delegate all or any of his pcnvers Delegation
and functions under this Act to any officer of the Agricul- oi P fm( ' IS -
ture Department, 1 [ ] Punjab, either by name or by desig-
nation.
8. (i) No suit, prosecution or other legal proceedings Debar to
shall be instituted against any person for anything which sults or ltJ al
is in good faith done or intended to be done under this Act. P rocce in s s -
(2) No suit or other legal proceeding shall lie against
the Crown for any damage caused by anything which is in
good faith done or intended to be done under this Act.
9. The 2 [State] Government may by notification make P<>v\er of
rules for carrying out the purposes of this Act. Government
1 r i ma k e ru l rs .
10. The East Punjab Reclamation of Land Ordinance, Rc P cal
1949, is hereby repealed but notwithstanding such repeal or
any orders made, any notification issued, anything done, NO. XXI of
any action taken or any proceedings commenced in exeicise 1949.
of the powers conferred by or under the said Ordinance
shall be deemed to have been made, issued, done, taken or
commenced in the exercise of powers conferred by or under
this Act.
1 Omitted by ibid.
2 Substituted by ib:a.
THE MADHYA BHARAT KANS ERADICA-
TION ACT, 1948 (SAMVAT 2005)
Act No. XVII of 1948 (Samvat 2005)
An Act to provide for the eradication of kans weed in
certain areas of the United State of Gwalior,
Indore and Malwa (Madhya Bharat).
Preamble.
Short title,
extent and
commence-
ment.
efinitions.
Declaration
of kans area.
WHEREAS it is expedient to provide for the eradication of
kans weed in certain areas of the United State of Gwalior,
Indore and Malwa (Madhya Bharat) it is hereby enacted
as follows :
1. (i) This Act may be called 'The United State of
Gwalior, Indore and Malwa (Madhya Bharat) Kans Eradica-
tion Act, Samvat 2005".
(2) It extends to the whole of the United State of Gwalior,
Indore and Malwa (Madhya Bharat), and shall come into
force immediately on its publication in the Government
Gazette of the said United State.
2. For the purposes of this Act
(a) "United State" means the United State of Gwalior,
Indore and Malwa (Madhya Bharat);
(b) "Government" means the Government of the
United State;
(c) "Eradication operations" means such operations as
are considered necessary by the Kans Eradication
Officers to eradicate kans from kans area;
(d) "Kans" means a kind of weed which grows spon-
taneously in the fields and which is usually known
as kans;
(e) "Kans area" means the area which the Government
may by notification declare under clause (a) of
sub-section (i) of section 3 to be an area infested
with kans;
(J) "Kans Eradication Officer" means an Officer
appointed as such by the Government and include*
any other Officer authorised by the Kans Eradica-
tion Officer to exercise all or any powers conferred
upon him under this Act.
3. (i) If the Government is satisfied that any area is
infested with kans, it may, by notification
(a) declare such area, giving full particulars thereof,
to be a kans area for the purposes of this Act; and
(b} authorise the Kans Eradication Officer to enter
upon any land in such area and take possession
thereof for such period as may be specified for the
purpose of eradication of kans from such area.
44
The Madhya Bharat Kans Eradication Act, 1948 45
(2) Such notification shall be a sufficient notice of the
facts stated therein to all persons owning or having interest
in the land comprised in such area.
(3) The Suba (Collector) of the District comprising the
kans area shall give publicity to the notification issued under
sub-section (i) in such manner as he deems fit.
4. The Government may for the purposes of assisting the Constitution
Kans Eradication Officer, appoint a Kans Eradication Com- f . & ans .Era-
mi ttee consisting of such persons as it may think fit, and Committee/
assign such duties to -the Committee as it may deem proper.
5. On the issue of notification under sub-section ( I ) of Power to sur-
section 3, the Kans Eradication Officer and his subordinates VC Y and carry
and workmen authorised by him in this behalf may ?**
* *n
(a) enter upon any land in the kans area for the purpose tlons -
of survey and any other ancillary purpose ; and
(b) take possession of the whole or any part of the kans
area and carry on eradicating operations therein.
6. (i) Out of the total expenditure incurred on eradicating Liability of
operations in the kans area such portion thereof as the owners, etc. ,,
Government may determine shall be equitably apportioned eradicating
by the Kans Eradication Committee between the several operations,
owners or persons having interest in the lands comprised in
the kans area.
/
(2) Every person owning or having interest in the land in
which eradication operations have been carried on shall be
liable to pay the costs of such operations carried on in
his land.
(3) The Kans Eradication Officer shall fix the amount
of costs payable by each owner or other person having
interest in the land comprised in the kans area. The
amount so fixed shall be a charge on the land to which it
related, and shall not be called in question in any suit or
other legal proceeding.
(4) The Kans Eradication Officer in consultation with
the Kans Eradication Committee shall also determine whether
the amount so apportioned shall be paid by the person
owning or having interest in the land in one lump sum or
by annual or other instalments and where he directs annual
or other instalments, he may fix the amount and number
of such instalments.
7. ( i ) The Suba (Collector) shall cause to be served on Recovery o f
a person owning or having interest in the land in which eradi- costs -
eating operations have been carried on, a notice of demand
specifying the amount of cost of eradication payable by
him and the period within which it shall be paid.
(2) The said costs shall be recoverable as arrears of land
revenue.
46 The Madhya Bharat Kans Eradication Act, 1948 [ACT xvn OF 1948}
Compensa- 8. ( i ) Any person may within thirty days from the date
uon for of restoration of the land to him, apply to the Kans Eradica-
amage. ^ on c omm jttee for payment of compensation for destruction
of or damage to any plant or tree in his land as a result of
the eradication operations carried on under section 5.
(2) On receipt of such application the Kans Eradication
Committee may make such enquiry as it deems fit and if
in its opinion the payment of compensation is justified, it
may grant such amount of compensation as it deems fit.
(3) The decision of the Kans Eradication Committee
shall be final in all respects and shall not be called in question
in any court of law.
Power of 9 The Suba (Collector) may take or cause to be taken
Suba (Colleo such steps or use or cause to be used such force as may in
tor) to en- hi s opinion be reasonably necessary for securing compliance
l ~ with the P rovisions of this Act '
anw.
Persons act- io. All persons acting in pursuance of the provisions of this
ing under the Act, shall be deemed to be public servants within the
Act, to be m eaninff O f t h a t expression in the Penal Code in force in
public ser- , , r ~ , T T . , <~,
vants. tne area concerned of the United State.
Protection of n. (i) No suit, prosecution or other legal proceedings
persons act- g^jj be instituted against any person for anything which
faith m 8 * s * n Sd faith done or intended to be done under this Act.
(2) No suit shall be instituted against the Government
for anything done or intended to be done under this Act.
Power to 12. (i) The Government may by notification make rules
make rules. f or carrying out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing
powers, such rules may provide for the assessment of damage
to embankment and field-boundaries and payment of com-
pensation therefor.
Repeal 13. As soon as this Act conies into force, the United State
of Gwalior, Indore and Malwa (Madhya Bharat) Kans
Eradication Ordinance, Samvat 2005, shall stand repealed :
Provided that all orders made and actions taken under
the said Ordinance shall be deemed to have been made
or given, as the case may be, under this Act.
THE BHOPAL RECLAMATION AND DEVE-
LOPMENT OF LANDS (ERADICATION OF
KANS) ORDINANCE, 1049
Ordinance No. XXXVIII of 1949
An Ordinance to provide for the reclamation and
development of lands by eradication of kans weed
in certain areas of the Province of Bhopal.
. . ,. i r i i j Preamble-
\\ HEREAS it is expedient to provide for the reclamation and
development of lands by eradication of kans weed in certain
areas of the Province of Bhopal :
Now, therefore, the Chief Commissioner of Bhopa], in
exercise of the power conferred upon him by section 12 of
the Bhopal Legislative Council Act, 1922, read with clause 5
of the Bhopal (Administration) Order, 1949, is pleased to
make and promulgate the following Ordinance :
1. (i) This Ordinance may be cited as "the Bhopal Short titlr
Reclamation and Development of Lands (Eradication of and extent.
Kans) Ordinance, 1949".
(2) It extends to the whole of the ^State] of Bhopal.
2. In this Ordinance unless there is anything repugnant Definitions*
r the subject or context,
(a) "eradicating operations" mean such operations
as are considered necessary by the Reclamation
Officer to eradicate kans from a kans area;
(b) "kans" means a kind of weed known as saccharum
spontaneum (hereinafter referred to as kans) ;
j) "kans area" mean the area which the Government
may by notification declare under clause (a) of
sub-section (i) of section 3 to be an area infested
with kans;
f d) "Reclamation Officer" means an officer appointed
as such by the Government and includes any other
officer authorised by the Reclamation Officer to
exercise all or any powers conferred upon him
under this Ordinance;
(c) "holder" has the same meaning as assigned to it
in the Bhopal Land Revenue Act, 1932, and for
the purposes of this Ordinance includes a person
in possession of a holding or any part of it ;
(/) "holding" has the same meaning as assigned to it
in the Bhopal Land Revenue Act, 1932, and for
the purpose of this Ordinance includes land held
by a Jagirdar or a Muafidar.
3. As soon as may be after the commencement of this Appointment
Ordinance, the Government shall, by notification in the . f Reclama-
Official Gazette, appoint an officer to be called the Recla- tlon thcer *
mation Officer.
J Sulsfj'iiud by ibid.
47
48 The Bhopd Reclamation and Development of Lands
(Eradication of Kans) Ordinance, 1949
[ORD. xxxvin
Declaration 4. (j) If the Government is of opinion that any area is
ofkansarea infested w j t h kans it may, by notification
(a) declare such area, giving full particulars thereof?
to be a kans area for the purpose of this Ordinance;
(b) authorise the Reclamation Officer to enter upon
any land in such area and take possession thereof
for such period as may from time to time be specified
for the purpose of eradication of kans from such
area, and carrying on other ancillary and subsidiary
operations therein.
(2) Such notification shall be a sufficient notice of the
facts stated therein to all persons holding or having interest
in the land comprised in such area.
(3) The Reclamation Officer shall give publicity to the
notification issued under sub-section (i) in such manner as
he deems fit.
tion Board.
Powers to
survey and
carry on
eradicating
operations.
Constitution 5. The Government may for the purpose of assisting the
of Reclaaia- Reclamation Officer appoint a Reclamation Board consist-
ing of such persons as it may think fit and assign such
duties to the Board as it may deem fit.
6. (i) On issue of a notification under sub-section (i) of
section 4, the Reclamation Officer and his subordinates
and workmen authorised by him in this behalf may, notwith-
standing the provisions of the Bhopal Land Revenue Act
IV of 1932
(a) enter upon any land in the kans area for the purpose
of survey and any other ancillary purpose, and
(b) take possession of the whole or any part of the kans
area and carry on eradicating and other ancillary
and subsidiary operations therein.
(2) No person shall use the land so notified for any purpose
till such date as the Reclamation Officer, after the completion
of the Reclamation and Demarcation operations, may, by
notification in the official Gazette, specify for the restoration
of the same to the person who was on the date of taking
over in lawful possession of the same or was entitled to such
possession :
Provided that no revenue shall be charged from a person
whose land has been taken over by the Reclamation Officer
under this section in respect of the period during which
the land has so remained in the possession of the said Officer.
(3) For the purposes of this section any reference to the
person entitled to take possession of land notified above
shall, if he is dead, be deemed to include a reference to his
.successors=in -interest.
(4) The notification mentioned in sub-section (2) shall
be final and full discharge of the Government from all liability
in respect of such delivery of possession and the possession
of the land shall on the date specified in this behalf be deemed
to have been delivered by the Government to the person
entitled to it.
OF 1949] The Bhopal Reclamation and Development of Lands 49
(Eradication of Kans) Ordinance, 1949
7. (i) The total expenditure incurred or to be incurred Liability of
by the Government on eradicating or other ancillary or J^^cnSi-
subsidiary operations in the kans area shall be equitably cat in g opera l
apportioned by the Reclamation Board between the several tions.
holders of or persons having interest in the lands comprised
in the kans area.
(2) Every person holding or having interest in the land
in which eradicating or other ancillary or subsidiary opera-
tions have been carried out or intended to be carried on
shall be liable to pay the costs of such operations on his land.
(3) The Reclamation Officer shall fix the amount of costs
payable by each holder of or other person having interest
in the land comprised in the kans area. The amount so
fixed shall be a charge on the land to which it relates and
shall not be called in question in any suit or other legal
proceeding.
(4) The Reclamation Officer shall also determine whether
the amount so apportioned shall be paid by the person holding
or having interest in the land in one lump sum or by such
annual instalments as he may fix for the amount.
(5) The payment mentioned in sub-section (4) may be
made in cash or agricultural produce of such land or both.
(6) If the actual cost of the eradicating or other subsidiary
or ancillary operations exceeds or falls short of the amount
to be payable by a holder of or other person having interest
in the land, the difference shall be returned to or recovered
from the person concerned, as the case may be.
s
8. (i) The Reclamation Officer shall cause to be served Recover; of
on a person holding or having interest in the land in which costs *
eradicating and other ancillary or subsidiary operations
have been carried out or are intended to be carried on, a
notice of demand specifying the amount of cost of reclama-
tion payable by or apportionable to him and the period
within which it shall be paid.
(2) The said costs shall be recoverable as arrears of land
revenue.
9. (i) Any person may, within thirty days from the date Compensa-
of the taking over of the land under section 6, apply to the * lon for
Reclamation Board for payment of compensation for destruc- dama S e
tion of or damage to any plant, tree, building, hut or other
structure, in his land as a result of the eradicating operations.
(2) On receipt of such application, the Reclamation
Board may make such inquiry as it deems fit and if in its
^ opinion the payment of compensation is justified, it may
grant such compensation as it deems fit.
(3) The decision of the Reclamation Board shall be final
in all respects and shall not be called in question in any
court of law.
Termination
of possession
"on of^ccla"
mation.
The Bhopal Reclamation and Development of Lands [ORD.
(Eradication of Kans] Ordinance, 1949
%
10. ( i ) If a person is unable or has no means to cultivate
s holding or any part of it after the reclamation of the
the Reclamation Officer may take possession of
such holding or its part arid get it cultivated on behalf of
the Government, but before the expiry of 3 years from the
date of taking possession, shall, after necessary inquiry, bv
order in writing
(a) declare that possession of the land shall be restored
on such date as may be specified in the order to
the person who on the date of taking possession
was in lav ful possession of the Ipnd, or was entitled
to such possession, or if he is dcdd, to hia successor-
in-iriterest;
(b) determine the pet son to whom possession is to be
so restored :
Provided that no revenue shall be charged from a person
whose land has been taken over by the Reclamation Officer
under this section in respect of the period during which
the land has so remained in the possession of the said officer.
(2) On the date specified in the said order, possession of
the land shall be deemed to have been delivered by the
Government to the person determined under clause (b) of
sub-section (i).
(3) The delivery of possession of the land to the person
determined under clause (b) of sub-section ( i ) shall be final
and full discharge of the Government from all liability in
respect of such delivery, but shall not prejudice any right in
respect of the land to which any other person may be entitled,
by due process of law, to enforce against the person to whom
the possession of the land has been so delivered.
n. (i) Notwithstanding the provisions of section 9, if
after the expiry of three years, the person whose land has
been taken over by the Reclamation Officer under the
aforesaid section, is still unable or has no means to cultivate
it, the Government may, on payment of compensation,
acquire such land for cultivation.
(2) The provisions of the Land Acquisition Act, 1913,
shall, in so far as they are not inconsistent with the provi-
sions of this Ordinance, apply to such acquisition.
Reshaping of 12. In order that mechanical operations may be made
holding possible, the Reclamation Officer may rsshape the holdings :
Provided that the aggregate area of any holding shall not,
as far as possible, be increased or decreased as a result of
reshaping, and
Provided further that the assessment of land revenue in
the case of an increase or decrease in the aggregate area of a
holding shall also be proportionately increased or decreased
as the case may be.
Power of the 13, The Reclamation Officer may take or cause to be
Reclamation ta k en Suc j 1 ste p s or use or cause to be used such force as
vJmcer to . . r . . , , .
enforce com- ma Y in nis opinion be reasonably necessary for securing,
phance. compliance with the provisions of this Ordinance.
Acquisition
of land.
1949] The Bhopal Reclamation and Development of Lands gi
(Eradication oJKans] Ordinance y 1949
14. All persons acting in pursuance of the provisions of Persons act-
this Ordinance shall be deemed to be public servants within "JS V nder the
the meaning of that expression in the Bhopal Penal Code, bc r m ^ubhc
1912. servants.
15. For the purpose of this Ordinance, the Reclamation Reclamation
Officer shall exercise the powers of a Collector as prescribed Ofl ? c ^ v |f f ed
in the Bhopal Land Revenue Act, 1932, and such magisterial J^ an ^"
powers as may be conferred upon him by the Government, magisterial
16. No suit shalll be instituted against the Government
and no prosecution, suit or other legal proceedings shall be
instituted against any person for anything which is in good
faith done or intended ;to be done under this Ordinance.
17. The Government may, by notification, make rules for Power to
icarrying out, the purposes of this Ordinance. make rules<
Short
extent
date of com-
mencement.
Interpreta-
tion.
THE EAST PUNJAB IMPROVED SEEDS
AND SEEDLINGS ACT, 1949 ( AMEND
ED IN 1950)
East Punjab Act No. XIX of 1949
An Act to provide for the use of pure and certified
seeds and seedlings of the improved varieties of
crops recommended by the Department of Agri-
culture in the East Punjab*
IT is hereby enacted as follows :
title, * (0 This Act may be called the East Punjab Improved
and Seeds and Seedlings Act, 1949.
(2) It shall extend to the whole of the '[State] of 2 [ ]
Punjab.
(3) It shall come into force on such date or dates and in
such areas as the * [State] Government may, by notifica-
tion, appoint in this behalf, and different dates may be
appointed for different areas.
2. Tn this Act, unless there is anything repugnant in the
subject or context,
(i) "Improved Seed" means the seed approved by
the Department of Agriculture;
(ii) " Seedlings" means the plants raised from improved
seed;
(iii) "Occupier" means the person having for the time
being the right of occupation of any land as defined
in the Punjab Tenancy Act and includes any
person in actual occupation of such land or his agent;
(iv) "Authorised Agent" means an agent authorised
to sell improved seeds and seedlings only on behalf
of the Department of Agriculture.
Power to de-
clare seeds or
seedlings of
approved var-
ieties of crops
and to specify
the area and
period and
restrict move-
ment.
Provision of
seeds and
seedlings by
Agricultural
Department.
3. In such areas to which this Act is applied
(a) improved seeds or seedlings only shall be used by
each and every occupier ;
(b) the movement of improved seeds or seedlings from
one area to anothe. may be prohibited or restricted.
4. (i) For the purposes of this Act improved seeds and
seedlings shall be made available for sale by the Department
of Agriculture, through its authorised agents, who shall
stock for sale only improved seeds or seedlings.
(2) An authorised agent shall not withhold from sale
improved seeds or seedlings to any occupier.
1 Substituted by the Adaptation of Laws Order, 1950.
* Omitted by ibii.
5*
The East Punjab Improved Seeds and Seedlings Act, 1949 53
'[ "5. (i) Any officer of the Agriculture or of the Revenue Powers of the
Department, not below the rank of Agricultuial Assistant Agriculture
T^T M T, i -u ,,i_ i_ ^ or Revenue
or Naib-Tehsildar, as the case may be, may enter upon any Department
land situated in the area to which this Act extends, for the Officers to
purpose of ascertaining. whether improved seeds or seedlings enter, inquire
have been grown in the land or not. or searcn -
(2) Any officer of the Agriculture or of the Revenue Depart-
ment, not below the rank of Agricultural Assistant or
Naib-Tehsildar, as the case may be, may enter upon any
land or premises owned, or occupied by an authorised
agent, to inspect the seed sold by him, or to inquiie if
he is withholding any seed from sale to any occupier, or
to search, as far as may be necessary for that purpose, the
aforesaid land or premises." ]
6. (i) If any occupiei of land within the area to which Penalties.
this Act applies is found growing a variety of any crop other
than a variety approved by the Department of Agriculture,
he shall be liable to punishment with a finejwhich may extend
to Rs. 100.
(2) If an authorised agent withholds from sale or wilfully
refuses to sell improved seeds or seedlings he shall be punish-
able with fine which may extend to rupees five hundred.
(3) Any abetment of a breach of the provisions of this
Act shall be punishable with fine which may extend to Rs. 100.
(4) No prosecution for any offence under this Act shall be
instituted except on a complaint in writing made by
[Deputy Commissionei within whose jurisdiction the land
is situated] or by an officer specially authorised by him in
this behalf.
7. No suit, prosecution or legal proceedings shall lie against Bar of suit or
anv public servant in respect of anything in good faith done other J . e & al
-. *I i j , v j r t t_- A *. proceedings.
or intended to be done under this Act.
8. The 3 [State] Government may from time to time Power of
make rules for the purpose of cariying into effect the provi- Government
sions of this Act.
2
9. The East Punjab Impioved Seeds and Seedlings Ordi- Repeal of
nance, 1 949, is hereby repealed, but it shall not affect the ^J. Pun J aD
previous operation of the said Ordinance and any order N * v^of
made, action taken or thing done in the exercise of any 1949.
powers conferred by or under the said Ordinance, shall, for
all purposes, be deemed to have been made, taken or done
in the exercise of powers conferred by this Act.
1 Substituted by Act XXIV of 1950, sec. a.
1 Substituted by ibid., sec. 3.
Substituted by the Adaptation of Laws Order 1950.
Short title,
extent and
commence-
ment.
Interpreta-
tion
THE EAST PUNJAB CONSERVATION OF
MANURE ACT, 1949 (AMENDED IN 1950)
East Punjab Act No. XV of 1949
An Act to provide for the conservation of
manure in East Punjab
IT is herebv enacted as follows : -
1. (i) This Act may be called the East Punjab Conser-
vation of Manure Act, 1949.
(2) It extends to the whole of the x [State] of 2 [ ] Punjab
(3) It shall come into force in such aieas and on such
dates as the 1 [State] Government may by notification
appoint in this behalf.
2. In this Act, unless there is anything lepugnant in tL e
subject or context,
(a) "Committee" means the Manure Conservation
Committee set up or deemed to have been set up
under the provisions of section 5 ;
(b) "complaint" has the same meaning as in section 4
of the Code of Criminal Procedure, 1898 ; V of 1898.
(c) "conservation of manure" means the collection o^
manure in a pit or pits of the prescribed dimensions
and its subjection to the pi escribed process for the
purpose oi enriching the soil by its use thereon ;
,'//) "Deputy Commissioner" means the Deputy Com-
missioner of the District ;
(') "family" means a collective body of persons living
in one house under one head or management;
!/) "Cover nmcnt" means the 1 [State] Government;
(g) "head of the family" means a person in charge of a
family ;
(7?) "manure" means and includes animal droppings,
refuse, house-sweepings, ashes, uneaten fodder,
residue, filth or rubbish of anv kind, but does not
include mineral fertilizers ;
(i) "notified area" means an area notified by Govern-
ment under section 3 ;
0) "panchayat" means a panchayat established under
section 3 [5] of the Punjab Village Panchayat Act,
'939^ XI of 1 939 .
(k) "prescribed" means prescribed by rules made under
this Act.
Power to 3- The Government may by notification declare any area
notify certain situated within the limits of any one Tehsil to be a notified
areas. area for the purpose of this Act, and may by notification alter
the boundaries of any area so declared.
Substituted by the Adaptation of Laws Order, 1 950.
* Omitted by ihieL
* Subitituted by the Punjab Act VIII of 1950, sec. 2.
54
The East Punjab Conservation of Manure Act, 1949 55
4. (i) The occupier of any building in a notified area, or, Liability of
if more than one person occupy a building in such area, the ? cc *5 pl ?r?r
i i r i r M i. i t M i i 11 neaa 01 a
head of the family residing in such building, shall conserve family j n
manure, or arrange for its conservation, in the prescribed a notified
manner and to^the prescribed extent. arca
(2) If the occupier, or, as the case may be, the head of
the family responsible for conservation of manure, is not in
possession of land for such purpose, he shall within one
month of the formation of a Committee 'for the area in which
he resides submit a written application to the Committee
to provide him in such area with land necessary for the
aforesaid purpose.
5. (i) The Panchayat for any notified area shall be the
Manure Conservation Committee for such area and its
powers under this Act shall be in addition to its powers
XI of 1939. conferred under the Punjab Village Panchayat Act, 1939.
(2) If no Panchayat has been constituted for any notified
area, the Deputy Commissioner shall establish for such area
a Manure Conservation Committee appointing thereto such
number of persons, not less than thr ee, as he may from time
to time fix in this behalf.
(3) A Committee shall, subject to such rules as may be
prescribed, be competent to acquire, hold or transfer property
movable or immovable, to enter into contracts and to do
all other things necessar y for the purpose of this Act.
6. ( i ) The Chairman of any Committee deemed to be Chairmai
such under sub-section ( i ) of section 5 shall be the Sar- Gommitte
panch of the Panchayat.
(2) The Chairman of the Committee established under
sub-section (2) of section 5 shall be the person appointed as
such by the Deputy Commissioner from among the members
of the Committee.
(3) The Chairman shall be the Chief Executive Officer
of the Committee and shall be responsible for the due main-
tenance of all records or registers which may be prescribed.
7. (i) There shall be a fund vested in each Committee Funds,
which shall be utilized by the Committee to meet charges
in connection with its duties under this Act.
(2) All grants from the Government or local bodies and
all sum recovered by or on behalf of the Committee under
this Act or otherwise, shall be credited to the aforesaid fund.
8. (i) On receiving any application made to it under Committee
sub-section (2) of section 4 the Committee shall take all steps to take steps
necessary for providing to the applicant the area of land jjj* acquiring
required by him,
(2) If the Committee is unable to provide the land required
by the applicant, it shall within one month of the applica-
tion, apply to the Government for the acquisition of the_
necessary aiea of land within the notified ar
r } 6 The East Punjab Conservation of Manure Act, 1949 [ACT xv
Requisition '[9. "(i) If the 2 f State] Government is of the opinion
of land by t ^ at an y arca i s required for conservation of manure, in
Government. pursuance of an application made to it by any Committee,
it may by notification declare such area to be so required
for the purpose of this Act and such notification shall be
conclusive evidence of the matters stated therein, and shall
not be liable to be called in question in any c*ourt.
(2) The Deputy Commissioner of the District in which %
the area refeired to in sub-section (i) is situated shall give
publicity to the notification issued under sub-section (i) in
such manner as he may deem fit.
(3) After the expiry of 1 5 days from the issue of a notifica-
tion under sub-section (i) the Deputy Commissioner may,
notwithstanding any law to the contrary, authorize the
Committee to take possession of the area specified therein.
(4) The Deputy Commissioner shall then proceed to
occupy the area or procure its occupation, as the case may
be, and the provisions of the Land Acquisition Act, 1894, j (y f : a n ^
except sections 4 to 8 inclusive as amended by the Land
Acquisition (East Punjab Amendment) Act, 1948, shall be
applicable as nearly as may be."]
Power of
Committee
ro charge
rents.
Power
entry.
of
Power to
require con-
servation of
10. The Committee may charge rents not exceeding the
prescribed scale for the site or sites it piovides for conserva-
tion of manure to any person who has made application to
it under sub-section (2) of section 4.
11. Any member of a Committee or any 3 f Revenue Offi-
cer not below the rank of Naib Tehsildar] shall be empowered
to enter upon any land or, premises within the jurisdiction of
such member or officer, as the case may be, for the pur-
pose of ascertainin * whether or not manure is being conserv-
ed in such land or premises.
12. (i) If any person fails to conserve manure in the
manner or to the extent required under sub-section (i) ol
section 4, the Committee may by notice in \\riting specifying
a reasonable period require him to conserve manure in thr
prescribed manner or to the prescribed extent.
(2) If any work required to be done under sub-section fi)
is net executed within the period of the notice, the Committee
may itself cause such work to be executed and recover a
sum not exceeding the cost thereof from the person to whom
notice was issued under sub-section (i).
Penalty for f 3- Any person who disobeys a notice issued by the Com-
disobedience mittee under section 12 shall on conviction by the Committee
bs punished with fine which may extend to twenty-five
rupees, and if the breach is a continuing breach, with a
further fine which may extend to four rupees for every day
after the first during which the breach continues.
i Substituted by sec 3 of the Punjab Act VIII of 19^
8 Substituted by the Adaptation of L -ws Order, 1950
8 Substituted by sec. 4 of the ibid.
OF 1949] The East Punjab Conservation of Manure Act, 1949 57
14. ( i ) The Deputy Commissioner may of his own motion Supervision
or on an application of the party aggrieved, call for the of **"* P ro "
records of any proceedings whereby any person has been ^ Commi?
convicted by the Committee under section 13, and may tee by the
cancel or modify any order of conviction but not so as to Deputy Corn-
enhance the penalty. missioner.
(2) A fee of Rs. 2 shall be paid on every application.
15. Subject to an order made by the Deputy Commissioner Finality of
under section 14, the order of a Committee under section 13 orders of the
shall be final and shall not be liable to be called in question Committee,
by any court or other authority.
i6t If in any case a Committee fails within a reasonable Procedure if
period of the default to issue notice under sub-section (i) of the Commit-
jsection 12, anv '[ Revenue officer not below the rank of Naib f ee does not
T. i ! i i ' i T i , +. issue notice,
lehsildarj may issue such not ce. It the notice is not
complied with he shall have the power of a Committee under
sub-section (2) of that section.
17. If any person disobeys a notice issued under the last Proceedings
preceding section the officer who issued the notice may make on disobe-
a complaint to the nearest Magistrate having jurisdiction who dience f
i 11 ^i 11 ^i c r V'l '^ i notice issued
shall thereupon exercise all the poweis ol a Committee under unc j er t he last
section 13. preceding
section.
XVIII of 18. Notwithstanding anything contained in the Legal No Irgal
1879. Practitioners Act, 1879, no legal practitioner shall be permitted practitioner
to appear before the Committee for any party in any proceed- fbre"
ings under this Act. mittee.
19. The Deputy Commissioner may by written order Delegation,
delegate any functions under this Act by name or by desig-
nation of office to any Revenue Assistant or Tehsildar.
20. Any sums due under this Act may on application to Recovery of
the Collector be recovered as if they were arrears of land dues as
' arrears o*
revenue. l and revenue.
21. No suit, prosecution or other legal proceedings shall Bar to suits
lie in respect of anything in good faith done or intended to or le S al P r -
be done under this Act or the rules made thereunder. ceedmgs.
22. The provisions of the Punjab Village Panchayat
XI of 19-594 y \ ctj 1939, specified in the Schedule to this Act shall, so far
as may be, apply to the proceedings of Committees, the powers
to be exercised by them and the duties to be performed by
them under this Act and their suspension or abolition.
23. (i) Government may make rules for carrying into Power of
effect the purposes of this Act. Government
to make rules.
(2) In particular and without prejudice to the generality
of the foregoing power Government may make rules regu-
lating
(a) the size of pits fot the conservation of manure, the
processes to which it is to be subjected and the
extent to which it is to be conserved ;
i Substituted by sec. 3 of the Punjab Act VIII of 1950.
58 The East Punjab Conservation of Manure Act y 1949 [ACT xv OF 1949
(b) the appointment, suspension and removal of members
of Committees ;
(c) the functions and powers and the appointment,
suspension and removal of Chairmen of Committees;
(d) the powers of a Committee to sue and to acquire,
hold or transfer property and to enter into contracts;
(e) the records and registers to be maintained by Com-
mittees and their custody and propei maintenance;
(/) the custody and proper maintenance of the funds
of Committees ;
(g) the terms and conditions on which lands may be
transfeired by Government to Committees;
(h) the scale of rents to be charged by Committees for
sites provided by them for conservation of manure;
(i) the conduct of business at meetings of Committees
and the -quorum for such meetings;
(j) the punishment, suspension and dismissal of servants
of Committees ;
(k) the manner in which summons issued by Committees
are to be signed and sealed; and
(/) any other matter in respect of which rules are express-
ly required or allowed by this Act to be made.
Repeal of 2 4* ^he East Punjab Conservation of Manure Ordinance.
East Punjab 1 949, is hereby repealed but notwithstanding such repeal
Ordinance any orders made, anything done, any action taken or any
No. XV of proceedings commenced or liability or penalty incuired
in exercise of the powers conferred by or under the said
Ordinance shall be deemed to have been made, done, taken
or commenced or incurred in exercise of the powers con-
ferred by or under this Act.
THE MADHYA BHARAT MUNICIPAL
REFUSE (CONVERSION INTOMANURE) %
ACT, 1950 (SAMVAT 2007)
Act No. LVII of 1950 (Samvat 2007)
An Act to provide for the conversion of refuse into
manure within the limits of any municipality
in Madhya Bharat.
WHEREAS it is expedient to provide for the conversion of
refuse into manure within the limits of any municipality
in Madhya Bharat, it is hereby enacted as follows :
1. (i) This Act may be called "The Madhya Bharat Title, extent
Municipal Refuse (conversion into manure) Act, Samvat anc * com "
2007. mencement.
(2) It shall extend to the whole of Madhya Bharat.
(3) It shall apply to such municipalities as the Govern-
ment may from time to time, by notification in the Govern"
ment Gazette, specify.
(4) It shall come into force at once.
2. In this Act, unless there is anything repugnant in Definitions,
the subject or context,
(1) " Municipality" means a municipality or a corpora-
tion constituted under any Municipal Act for the
time being in force in any part of Madhya Bharat;
(2) "Refuse" includes sweepings, night-soil, sewage,
sludge and other waste material;
(3) "Government" means the Government of Madhya
Bharat.
3. Notwithstanding anything contained in any Municipal Municipality
Act or any other law for the time being in force, every muni- * con . vert re "
cipality to which this Act applies, shall, if so required by an C ^p^ t t0
order in writing of the Government or any officer authorised manure.
in this behalf by the Government, take steps to convert, in
accordance with such directions as the Government may
from time to time issue, all refuse into compost manure.
4. Every such municipality shall deal with or dispose of Disposal of
the compost manure referred to in section 3 in such manner raanurc.
as the Government may, from time to time, direct.
5. ( i ) Where in the opinion of the Government, a munici- Power to
pality has failed to comply with an order under section 3, enforce an
the Government may appoint a person to give effect to such ord ? p under
order and may direct that the reasonable expense of giving 8ecUon 3-
effect to the order together with a reasonable remuneration
payable to such person shall forthwith be paid by the
municipality.
59
Go The Madhya Dharat Municipal Refuse (Conversion [ACT LVII OF
into Manure) Act, 1950
* (2) If any such expense and remuneration are not
so paid the Government may make an order,
directing the deduction of such sums from grants-in-
aid payable to such municipality by the Govern-
ment or by directing any person, who for the time
being has custody of any moneys on behalf of municipality as
its officer, treasurer, banker or otherwise, to pay such expense
and remuneration from such moneys as he may have in his
hands or may from time to time receive, and such person
shall be bound to obey such order.
Repeal. g. As soon as this Act comes into force all Acts, rules,
regulations relating to Municipal Refuse, in force in any
part of Madhya Bharat which may be repugnant or incon-
sistent with the provisions of this Act shall, to the extent of
such repugnancy or inconsistency, stand repealed :
Provided that 'all actions taken and orders passed under
them shall be deemed to have been taken or passed under
this Act.
THE MADHYA BHARAT VILLAGE REFUSE
(CONVERSION INTO MANURE)
ORDINANCE, 1851 (SAMVAT 2007)
Ordinance No. II of 1951 (Samvat 2007)
An Ordinance to provide for the conversion of
village refuse into manure in Madhya Bharat.
WHEREAS circumstances exist which render it necessary
that due to shortage of food immediate action be taken to
provide for the conversion of village refuse into manure in
Madhya Bharat ;
AND WHEREAS the Legislative Assembly is not in session;
THE RAJ-PRAMUKH, in exercise of the powers conferred
upon him by Article 213 read with Article 238 of the Consti-
tution, is pleased to make and promulgate the following
Ordinance :
1. (i) This Ordinance may be called "The Madhya Title, extent
Bharat Village Refuse (Conversion into Manure) Ordinance, and com "
Samvat 2007 " mencemcnt
(2) It shall extend to the whole of Madhya Bharat.
(3) It shall apply to such villages as the Government may
from time to time, by notification in the Government Gazette,
specify.
(4) It shall come into force at once.
2. In this Ordinance, unless there is anything repugnant Definition -,<
in *the subject or context,
(1) "Refuse" includes farm yard rubbish, cattle dung,
sweepings and other waste material;
(2) "Government" means the Government of Madhya
, Bharat;
(3) "Village" means a village as defined and recorded
in the Land Records papers;
(4) "Prescribed" means prescribed by Rules made
under this Ordinance.
3. Notwithstanding anything contained in any law for Composting
the time being in force, every head of the family, residing in or pitting the
a village to which this Ordinance applies, shall, if so required, refuse.
by an order in writing of the Government or an officer autho-
rised in this behalf by the Government, take steps
(i) to dig a pit or pits for collecting the refuse from his
cattle yard and house on such land and in such
manner as may be prescribed in this behalf;
61
62
The Madhya Bharat Village Refuse (Conversion
into Manure] Ordinance, 1951
[ORD. II OF 1951
(2) to collect the refuse from his cattle yard and house
in the pit or pits prepared for this purpose; or
(3) to convert, in accordance with such directions as
the Government may from time to time issue, refuse
into compost manure.
Power to 4. Where, in the opinion of any officer authorised in this
enforce an behalf by the Government, any person, or head of the family,
section"* has f ailec * to comply with an order under section 3, the
officer so authorised may cause any of the works specified in
the same section to be executed and recover a sum not
exceeding the cost thereof from that person. The officer
may also take steps to take possession of the refuse from his
cattle yard and house from time to time for this purpose.
Revision. 5. The Suba may on his own motion or on an application
of the party aggrieved, call for the records of any proceedings
or orders passed under section 4 and may cancel or modify
the orders so passed. The Suba may delegate his powers
under this section to any of his subordinate officers.
Finality of 5, Subject to an order made under section 5, the order
t ie or er. p asse d by an officer under section 4 shall be final.
Recovery of
costs 35 arre-
ars of Land
Revenue.
Power to
make Rules.
7. All sums and costs recoverable under section 4 shall be
recovered as arrears of Land Revenue.
8. The Government may, by notification in the Government
Gazette make rules to carry out the purpose of this
Ordinance.
THE EAST PUNJAB TRACTOR CULTIVA-
TION (RECOVERY OF CHARGES) ACT, 1949
East Punjab Act No. XI of 1949
An Act to provide for the cultivation of certain areas
by means of tractors by the Department of Agricul-
ture, East Punjab, and for the recovery of the
charges in respect of such cultivation
It is hereby enacted as follows :
1. (i) This Act may be called the East Punjab Tractor Short title
Cultivation (Recovery of Charges) Act, 1949. and extent.
(2) It extends to the whole of the ^State] of 2 [ ] Punjab.
2. In this Act, unless there is anything repugnant in Interprets
the subject or context, tion -
(a) "cultivator" means a person who actually cultivates
the soil himself or through members of his house-
hold or gets it cultivated by hired labour or by a
tenant ;
(4) "director" means the Director of Agriculture, '[ ]
Punjab;
(c) "prescribed" means prescribed by rules made under
this Act;
(d) "refugee cultivator" means a cultivator who on
account of disturbances or the feai of such distur-
bances has abandoned land in the territories
comprised in Western Pakistan and has been
allotted any land whether temporarily or perma-
nently in the 2 [State] of '[ ] Punjab. It also
includes such refugee tenants who acquire owner-
ship of land in 1 [ ] Punjab ;
(e) "tractor" means a tractor owned by or worked
under the control of the Department of Agricul-
ture, '[ ] Punjab;
( f) "tractor cultivation" includes any agricultural
operations such as ploughing, hari owing, discing,
sowing or harvesting which may be performed by
tractors ;
(g) "ti actor cultivation charges" meang the charges
recoverable on account of tractor cultivation.
3. ( i ) Any cultivator may make an application to the Application
Director for having any agricultural operation performed . ,7 ra ^ tor
by tractors on his land or any part of it.
(2) Such application shall be accompanied by a deposit,
made in the prescribed manner, of full tractor cultivation
charges according to the prescribed scale:
1 The word "State" was substituted for the word "Province" by the Adaptation of Laws
Older, 1950.
* The word ''East" was deleted bjr the Adaptation of Laws Order, 1950.
63
*>4 The East Punjab Tractor Cultivation (Recovery of [ ACT xi OF 1949]
Charges] Act, 1 949
Provided that
(1) in exceptional cases, Director may require only
such part as he may specify of the full cultivation
charges to be deposited with the application;
(2) no such deposit shall be required from a refugee
cultivator.
Procedure in 4- (0 If tne Director accepts an application made
dealing with under section 3 he shall take all steps necessary in connco
apphcations. t i on therewith,
(2) In case such application is rejected, any deposit
made with the application shall be refunded in the pres-
cribed manner to the applicant.
Notice of 5- As soon as may be after the tractor cultivation has
demand. been completedj the Director shall in respect of such culti-
vation serve on the cultivator a notice of demand specifying
the amount due from him after taking into account the
deposit, if any, made by him.
Period withm 6. (i) A cultivator other than a refugee cultivator,
which pay- w hose land has been brought under tractor cultivation on
ment is to be i v in i , ^ t , r >
made. ms application, shall within one month of the date of the
receipt of notice of demand under section 5 pay in the
prescribed manner the sums specified in such notice.
(2) A refugee cultivator shall pay in the prescribed
manner the sum specified in such notice not later than the
1 5th of January in respect of tractor cultivation undertaken
for kharif crop and the i5th of June in the case of such
cultivation undertaken for rabi ciop.
Recovery of 7. If any cultivator fails to make payment as specified
outstanding in section 6 , the sum due from him shall be recoverable
cues as r * ,
arrears of as arre ^rs of land revenue.
land revenue. g. The Director may delegate any or all of his powers and
functions under the Act to any officer of the '[State]
Government.
Rules. 9 (0 The ! [State] Government may by notification
make rules for the purposes of carrying into effect the
provisions of this Act.
(2) In particular and without prejudice to the generality
of the foregoing power, the r [State] Government may
make rules regulating or determining all or any of the
following matters :
(a) the mode of making a deposit under sub-section (2)
of section 3 ;
(b) the scale of tractor cultivation charges;
(c) the mode of making a refund under sub-section (2)
of section 4.;
(d) the manner of making payment under sub-section
(i) or sub-section (2) of section 6.
1 The word "State" was substituted for the word "Provincial" by ibid.
THE MADHYA BHARAT TRACTOR
CULTIVATION (RECOVERY OF
CHARGES) ACT, 1950 (SAMVAT
2007)
Act. No. LXXXIII of 1950 (Samvat 2007)
An Act to provide for the cultivation of certain
areas by means of Tractors by the Department
of Agriculture, Madhya Bharat, and for the reco-
very of the charges in respect of such cultivation.
Be it enacted as follows :
1. (i) This Act may be called "The Madhya Bharat Title, extent
Tractor Cultivation (Recovery of Charges) Act, Samvat and com-
2OO7". men cement.
(2) It extends to the whole of the Madhya Bharat.
(3) It shall come into force immediately on its publica-
tion in the Government Gazette.
2. In this Act unless there is anything repugnant in the Definitions
subject or context
(a) "Cultivator" means a person who actually culti-
vates the soil himself or through members of his
household or gets it cultivated by hired labour
or otherwise;
(b) "Director" means the Director of Agriculture,
Madhya Bharat, or any other officer appointed
by the Government for purposes of this Act;
(c) "Prescribed" means prescribed by rules made
under this Act;
(d) "Tractor" means a tractor owned by or worked
under the control, direction or supervision of the
Madhya Bharat Government;
(e) "Tractor Cultivation" includes any Agricultural
operations such as ploughing, eradication of kans,
harrowing, discing, sowing or harvesting which
may be performed by tractors;
(f) "Tractor Cultivation Charges" means the charges
recoverable on account of tractor cultivation;
(g) "Government" means the Government of Madhya
Bharat.
3. Any cultivator may make an application to the Application
Director for having any agricultural operation performed for tractor
by tractor in his land or any part of it. cultivation.
4. (i) If the Director accepts an application made under Procedure in
section 3 he shall take all steps necessary in connection dealing with
therewith. applications.
65
66 The Madhya Bharat Tractor Cultivation (Recovery [ACT LXXXHI OF 1950]
of Charges) Act, 1950
(2) Notice of the acceptance of the application shall be
immediately given to the applicant cultivator and such
cultivator shall deposit with the Director 10% of the full
tractor cultivation charges within 15 days of the receipt
of the said notice. The application of the cultivator who
does not deposit the prescribed amount within the said
period shall be deemed to have been rejected.
Service of 5. (i) As soon as may be afteY the tractor cultivation
notice for has been completed the Director shall in respect of such
ancTthe d re- cu lti vat * on serve on the cultivator a notice wherein shall
covery of De specified the amount due from him after deducting
instalments, the deposited amount of 10%.
(2) Government shall recover such due amount from
such cultivator in accordance with the rules framed by it
for this purpose.
Recovery of 6. If any cultivator fails to make payment as specified
outstanding in section 5, the sum due from him shall be recoverable
arrears of as arT ears of land revenue,
land revenue.
Delegation 7. The Director may delegate any or all of his powers
of powers. and functions under the Act to any officer of the Govern-
ment.
Rules. 8. (i) The Government may by notification in the
Government Gazette make rules for the purposes of carrying
into effect the provisions of this Act.
(2) In particular and without prejudice to the generality
of the foregoing power the Government may make rules
regulating or determining all or any of the following matters :
(a) the scale of tractor cultivation charges;
(b) the manner of making payment under section 5.
THE PUNJAB LAND PRESERVATION
(CHOS) ACT, 1900 (AMENDED UPTO
Punjab Act II of 1900
An Act to provide for the better preservation and
protection of certain portions of the territories
of the Punjab.
ir * * * * * * *i
2r * * * * * * *-|
IT is hereby enacted as follows :
PRELIMINARY
1. (i) This Act may be called the Punjab Land Preser- Short tille
vation * 3 * Act, 1900. and com-
4 f(s) It shall extend to the whole of the State of Punjab.]
(3) It shall come into force at once.
2. In this Act unless a different intention appears from Definitions,
the subject or context,
(a) the expression "land" means land within any * 5 *
area preserved and protected or otherwise dealt
with in manner in this Act provided, and includes
benefits to arise out of land, and things attached
to the earth or permanently fastened to anything
attached to the earth;
(b) the expression "cho" means a stream or torrent
flowing through or from the Siwalik mountain
range within the Punjab;
(c) the expression "tree," "timber", "forest produce"
and "cattle", respectively, shall have the meanings
severally assigned thereto in section 2 of the
XVI of 1927. Indian Forest Act,
(d) the expression "person interested" includes all
persons claiming any interest in compensation to
be made on account of any measures taken under
this Act; * 7 *;
1 The words "situate within or adjacent to the Siwalik mountain range*' omitted by Punjab
Act XI of 1942, section 2.
2 The preamble omitted by Punjab Act XI of 1942, section 3.
3 The bracket and word "(Chos)" was omitted by Punjab Act IV of 1944, icction 2.
4 Substituted by Act I of 1951.
5 The word "local" omitted by Punjab Act IV of 1944, section 3.
$ Substituted for the figures "1878" by Punjab Act IV of 1944, icction 3,
7 The word " and " omitted by Punjab Act IV of 1944, lectio* 3.
68 1'unjub Land Preservation (Chos) Act, 1900 [ACT it
(e} the expression "Deputy Commissioner" includes
any officer or officers at any time specially appoint-
ed by the ' [State Government] to perform the
functions of a Deputy Commissioner under this
Act;
[(J) the expression "right-holder" includes
(i) persons not being tenants or mortgagees having
rights to or in land; and
() persons having rights of collection of forest pro-
duce or of grazing or pasture; and
(g) the expression "erosion" includes the removal or
displacement of earth, soil stones or other materials
by the action of wind or water.] 2
NOTIFICATION AND REGULATION OF ARFAS
Notification 3 [3 Whenever it appears to the 4 [State] Government
of areas. that it is desirable to provide for the conservation of sub-
soil water or the prevention of erosion in any area subject
to erosion or likely to become liable to erosion, such Govern-
ment may by notification 1 * make a direction accordingly.]
Power to 4. In respect of areas notified under section 3 generally
regulate, re.<- or the whole or any part of any such area, the 6 [State
met or pro- Government] may, by general or special ordei, temporarily
general or 7 ***** regulate, restrict or prohibit
special order ( fl ) the clearing or breaking up or cultivating of land
within ^ n " u " not ordinarily under cultivation prior to the
certain mat- publication of the notification under section 3;
i( * rs - (b) the quarrying of stone or the burning of lime at
places where such stone or lime had not ordinarily
been so quarried or burnt prior to the publication
of the notification under section 3;
(c) the cutting of trees 01 timber, or the collection or
removal or subjection to any manufacturing
process, otherwise than as described in clause (b)
of this sub-section of any forest-produce other than
grass, save for bona fide domestic or agricultural
purposes 8 [of right-holder in such area] ;
(d) the setting on fire of trees, timber or forest produce;
(e) the admission, herding, pasturing or retention of
sheep 9 [goats or camels];
(f) the examination of forest-produce passing out of
any such aj*ea; and
1 Substituted for the words "Provincial Government" by the Government of India (Adaptation
of Indian Laws] Order, 1950.
8 Glauses (/) and (g) added by Punjab Act IV of 1944, section 3.
a Section 3 substituted by Punjab Act XI of 1942, section 5.
4 The word "State" was substituted for the word "Provincial" by ibid. '
5 For Notification see Punjab Local Rules and Orders.
* S ibstituted for the words "Provincial G wernment" by the Adaptation of Laws Order, 1950^
7 The words "or permanently" were omitted by Punjab Act VII of 1926, section a,
? t Inserted by Punjab Act IV of 1944* section 4.
e fnserted by Punjab Act IV of 1944, Bection 4.
OF 1900] Punjab Land Preservation (Clios) Act, 1900 69
(g) the granting of permits to the inhabitants of towns
and villages situate within the limits or in the
vicinity of any such area, to take any tree, timber
or forest produce for their own use therefrom, or
to pasture sheep, '[goats or camels] or to cultivate
or erect buildings therein and the production and
return of such permits by such persons.
t
2 5. In respect of any specified village or villages, or part Power m
or parts thereof, comprised within the limits of any area certain cases
notified under section 3 the 3 [Staie Government] may, to , . r< "g ulatc >
i_ i j * -i jr i i restrict or
by special order, temporarily 4 [ ] regulate, restrict or pro hibit, by
prohibit special order,
within noti-
() the cultivating of any land ordinarily under culti- fied areas,
vation prior to the publication of the notification certain fur-
under section 3; ther matters.
(b) the quarrying of any stone or the burning of any
lime at places where such stone or lime had ordi-
narily been so quarried or burnt prior to the
publication of the notification under section 3 ;
(c) the cutting of trees and timber or the collection or
removal or subjection to any manufacturing process/
otherwise than as described in clause (b) of this
sub-section of anv forest-produce 5 [for any purposes] ;
and
(d) the admission, herding, pasturing or retention of
cattle generally other than sheep, 6 [goats and
camels], or of any class or description of such
cattle.
7 [5-A. In respect of areas notified under section 3 gene- p wct to
rally or the whole or any part of any such area, the 3 [ State require exe-
Government] may, by general or special order, diiect cution of
(a) the levelling, terracing, drainage and embankinc taking oi
Of fields; h measure
(b) the construction of earth-works in fields and ravines;
(r) the provision of drains for storm water;
(d) the protection of land against the action of wind
or water;
(e) the training of streams; and
(y) the executic n of sue h other works and the carrying
out of such other measures as may, in the opinion
of the 3 [Staie Government], be necessary for
carrying out the purposes of this Act.l
1 Inserted by Punjab Act IV of 1 944, section 4.
2 For Notification see Punjab Local Rules and Orders.
3 Substituted for the words "Provincial Government" by the Adaptation of Laws Order, 1950.
4 The words "or permanently" were*omitted by Punjab Act VII of 1926, section 3.^
Substituted for the words "for bona Jide domestic or agricultural purposes" by Punjab Act IV
of 1905.
6 Substituted for the words "and goats" by Punjab Act IV of 1944, section 5.
7 Section 5- A added by Punjab Act IV of 1944, section 6.
7 Punjab Land Preservation (Chos) Act, 1900 [ACT u
Necessity for 6. Every order made under ^section 4, 5 or 5-A] shall
regulation, De published in the 2 [Official Gazette] and shall set forth thi '
prohibition^ the 3 t State Government] is satisfied, after due inquir
n relatis restrictions 4 rohibitions or direction;
to be recited tnat regulations, restrictions, 4 [prohibitions or direction;
in the order contained in the order are necessary for the purpose oi
under sec- giving effect to the provisions of this Act.
tion 4 or 5. r
Proclamation 7. (i) When, in respect of any * 5 * area, a notification
of regula- h^ been published under section Q and
tions, restric- r ^
hibitions and ( a ) upon such publication any general order, made
admission of under section 4 6 [or section 5-A] becomes appli-
claims for caD l e to such area, or
compensa-
tion for rights *() any special order under '[section 4,5 or 5-A],
which are j s ma ^ e j n respect of such area,
restricted or v '
extinguished. thc rj e p uty Commissioner shall cause public notice of the
provisions of such general or special order to be given, and
if the provisions of any such order restrict or 8 [prohibit the
exercise of] any existing rights, shall also publish in the
language of thc country and in every town and village the
boundaries of which include any portion of the area within
or over which the 9 [exercise of any such rights is so restricted
or prohibited] a proclamation stating the regulations,
restrictions and prohibitions which have been imposed, by
any such order, within the limits of such area or in any
part or parts thereof; fixing a period of not less than three
months from the date of such proclamation, and requiring
every person claiming any compensation in respect of any
right so restricted or prohibited, within such period either
to present to such officer a written notice specifying, or to
appear before him and state, the nature and extent of such
right and the amount and particulars of the compensation (if
any) claimed in respect thereof.
(2) Any claim not preferred within the time fixed in the
proclamation made under sub-section (i), shall be rejected :
Provided that, with the previous sanction of the Commis-
sioner, the Deputy Commissioner may admit any such
claim as if it had been made in such period.
1 Substituted for the words and figures "section 4 or section 5" by Punjab Act IV of 1914,
section 7.
2 Substituted for the word "Gazette" by the Government of India (Adaptation of Indian Laws)
Order, 1937.
3 Substituted for the words "Provincial Government" by the Adaptation of Indian Laws
Order, 1950.
4 Substituted for the words "or prohibitions" by Punjab Act IV of 1944, section 7.
5 The word "local" omitted by Punjab Act IV of 1944, section 8.
* Inserted by Punjab Act IV, 1944, section 8.
7 Substmited for the words and figures "section 4 or section 5" by Punjab Act IT of 1944,
section 8. *
8 Substituted for the word "extinguish" by Punjab Act VII of 1926, section 4.
9 Substituted for the words "any such rights are so restricted or extinguished" by Punjab Act
VII, 1926, section 4.
OF 1900] Punjab Land Preservation (Chos) Act, 1900 71
'[7- A. (i) When an order has issued under section 5-A, Enforcement
the Deputy Commissioner may by notice require the owner * , order*
^0111 i i i i made under
or occupier of the land to execute such works or take such scc ti on 5-A.
measures as may be specified in the notice.
(2) Every such notice shall state the time within which
the works are to be executed or measures are to be taken.
(3) A person aggrieved by an order contained in such a
notice as aforesaid may, within thirty days from the service
of such notice or within such longer period as the Deputy
Commissioner may allow in this behalf, serve a notice of
his objections on the Deputy Commissioner in such manner
as may be provided by the rules made under this Act.
(4) If and in so far as an objection under thir section is
based on the ground of some informality, defect or error
in or in connection with the notice, the Deputy Commissioner
shall dismiss the objection, if he is satisfied that the infor-
mality, defect or error was not a material one,
(5) If the objection is brought on all or any of the follow-
ing grounds, that is to say
(a) that the notice might lawfully have been served on the
occupier of the land in question instead of on the
owner, or on the owner instead of on the occupier,
and that it would have been equitable for it to have
been so served;
(b) that some other person, being the owner, occupancy
tenant, mortgagee with possession or lessee or
farm holder or possessing some other right in or
over the land to be benefited, ought to contribute
towards the expenses of executing any works or
taking any measures required;
(c) where the work or measure is work or measure for
the common benefit of the land in question and
other land, that some other person, being the
owner or occupier of land to be benefited, ought
to contribute towards the expenses of executing
any works or taking any measures required;
the objector shall serve a copy of his notice of objection on
each other person referred to, and on the hearing of the
objection the Deputy Commissioner may make such order
as he thinks fit with respect to the person by whom any
work is to be executed or measure is to be taken and the
contribution to be made by any other person towards the
cost of the work or measure, or as to the proportions in
which any expenses which may become recoverable by the
Deputy Commissioner under sub-section (6) are to be borne
by the objector and such other person :
Provided that no such order shall be made unless the
person who is likely to be affected thereby has been given
a reasonable opportunity of being heard.
In exercising his power under this sub-section the Deputy *
Commissioner shall have regard ^
(a) as between an owner and an occupier, to the* terms *
and conditions, whether contractual or statutory,
1 Section 7-A added by Punjab Act IV of if)lt section 9
72 Punjab Land Preservation (Chos) Act, 1900 [ACT u
of the tenancy and to the nature of works and
measures required; and
(b) in any case, to the degree of benefit to be derived
by the different persons concerned.
(6) Notwithstanding an) Jiing to the contrary in any
law for the time being in force, no person requ'^ed by a
notice or an order under this section to ex^uu any work
or to take any measure shall be required to obtain the
consent of any other person before complying with such
notice or order.
(7) Subject to such right of objection as aforesaid and
the I'&ht of appeal under section 18, if the person reauired
by the notice to execute works or to take measures *ail$ to
execute the works or to take the measures indicated within
the time thereby limited, the Deputy Comrr^io *>:: may
himself or by an agent execute >e works or take the measures
and recover from that person the expenses i^asoiably
incurred by him in so doing :
(a) provided that it shall not be necessary for the Deputy
Commissioner to wait for the decision of any objection
other than an objection under clause (a) of sub- section (5),
or an appeal against anv decision on such objection, before
taking action under this sab-section :
(b] provided further that the maximum amount that
sha 1 oe recoverable in respetc of ?ny land in regard to which
the work has been executed or the measure taken shall not
exceed
(i) where the work is required to be executed or the
measure to be taken by the owner, ten times the
land revenue assessed on all the lands owned by
him in the Punjab; and
() where the work is required to be executed by the
occupier, ten times the land revenue assessed on
all the lands occupied by him in the estate in which
such land is situated.
(8) If the cost of any work executed or any measure
taken by any person remains unpaid by the person from
whom it is due after the date specified in a notice issued in
this behalf by the Deputy Commissioner or such other date
as is fixed by him, such cost shall Be recoverable as an arrear
of land revenue and a certificate issued by the Deputy Com-
missioner in this behalf shall be final and conclusive evidence
of the sum so recoverable and the person liable for the same.
(9) Every order issued under this section shall be pub-
lished in such manner as may be prescribed in the rules made
under this Act, and upon such publication every person
affected thereby shall, unless the contrary be proved, be
deemed to have had due notice thereof.
(10) The Deputy Commissioner may by general or special
.order authorise any revenue officer subordinate to him to
enquire into any objection that may be brought under this
section :
Provided that no final order on any such objection shall be
passed except by the Deputy Commissioner himself.
OF 1900] Punjab Land Preservation (Chos) Act, 1900 73
(i i) In making an order on objections brought under this
section, the Deputy Commissioner shall be guided by such
rules, if any, as the Provincial Government make in this behalf.
(12) For the purposes of this section, the expression
"estate" shall have the meaning assigned thereto in the
Punjab Land Revenue Act, 1887.]
CONTROL OVER THE BEDS OF CHOI
8. (i) Whenever it appears to the l [State Govern- Action when
ment] that it is desirable that measures should be taken in ^Statc]
the bed of any cho for the purpose of Government
3 r r considers it
(a) regulating the flow of water within and preventing desirable to
the widening or extension of such bed, or of take mea-
, . . i . , . sures to re -
(b) reclaiming or protecting any land situate within gulate the
the limits of such bed ; beds of chos.
such Government may either proceed at once in manner sud^beds in
in sub-section (2) provided, or, in the first instance, by '[State Gov-
notification specifying the nature and extent of the measures ern ment.]
to be taken and the locality in and the time within which
such measures are to be so taken, require all persons posses-
sing proprietary or occupancy right in land situate in such
locality to themselves carry out the measures specified in
such notification accordingly.
(2) If the whole or any part of the bed of any cho be un-
claimed, or, if, in the opinion of the '[State Govern-
ment] the measures deemed necessary under sub-section (i)
are of such a character, in regard to extent and cost, that
the interference of the l [State Government] is abso-
lutely necessary, or in the event of the owner or occupier of
any portion of the bed of any cho failing to comply with the
requirements of any notification issued under sub-section (i),
such Government may, by notification, declare that the
whole or any part of the area comprised within the limits
of the bed of any cho shall 2 [vest in 1 [State Government]]
***3 f or such period and subject to such conditions (if any)
as may be specified in the notification:
Provided that no suclr declaration shall be made in respect
of or shall affect any land included within the limits of the
bed of any such cho, which, at the date of the publication
of the notification making such declaration, is cultivated
or culturable, or yields any produce of substantial value.
(3) When the owners or occupiers of such locality are
unable to agree among themselves regarding the carrying
out of such measures, the decision of those paying the larger
amount of land-revenue shall be held to be binding on all.
(4) The '[State Government] may, from time to
time, by like notification, extend the period during which
any such area shall remain vested in l [State Government].
i Substituted for the words "Provincial Government" by the (Adaptation of Indian Lawi)
Order, 1950.
8 Substituted for the words "vest in the Government" by the Government of India (Adap-
tation of Indian Laws) Order, 1937.
3 The words "either absolutely and in perpetuity or" were omitted by Punjab Act VIII of
19261 section 2.
74 Punjab Land Preservation (Chos) Act, 1900 [ACT II
Effect of nod- 9- Upon the making of any declaration under sub-section (2)
fication to of section 8, all private lights of whatever kind existing in
suspend or OI relating to any land comprised within the area specified
privatenghts m ^ e ratification containing such declaration at the time
in the area of the publication thereof, 'f shall be suspended for the
notified un- period specified in the declaration and for such further period
der section 8. (jf any) to which such period may at any time be extended]:
Provided that, as far as circumstances admit, such rights
of way arid water shall be reserved, in respect of every such
area, as may be necessary to meet the reasonable requirements
and convenience of the peisons (if any) who, at the time of
the making of such declaration, possessed any such rights
over such area.
Power of 10. (i) The Deputy Commissioner shall, for the purposes
Deputy Com- of ever \ notification issued under sub-sortion (2) of section 8
missioner to fix lhc j: its of th( . , comprised within the bed of the rho
delimit the , . , , , . ,
bed and to to which such notification is to -pply.
decide what
cons tit utrs
such bed.
Power to take f<?} I'por. the publication of a notification containing
possession of anv cleclru aMon urder sui)-section (2) of section 8. it shall be
bed when , * r , r ,, , ^ . r\ -
vesu-d in His * a vviui lor the Deputy Commissioner to
Majesty. ^ ^.^ p ossc . ss j ()11 o f the area specified in such declara-
tion;
(/>) ejrct <ill persons therefiom; and to
(r) clc;i] with su< h are.i, while it remains vested in
'[the State Go\e v nmeni ] as il it were the absolute
property of ^ihc State (Government].
Bar of com- n. No person sJiall be entitled to any compensation for
pensation for anything at auy time done in t;o<*d faith in exercise of am
acts done p ovver conferred bv section C, section o or section 10.
under sec- ^ ' - ;
ff)> ' 12. [(.oiiiti/um as to sclc of land acquired undo the Act and
obliati>m oj Local Gormtntctit to keep account of money* exf.er<ded
on such lam! } Repeal id hv .Iff VII 1 of 1926, mt*on 4.
POWER TO KNHiR UPON AND DELIMIT NOTIFIED
AKKAS AND BEDS
Power to 13. It stall be Luvlul lor the Deputy Commissioner and
enter upon, f ur j 1 ; s su | K;r J ma tc olliccrs, sen'cints, caretakers arid workmen
demarcate 11 from lime lo limc > as ( ccasion inax i p qr--
^ C ^fi d arftaS ^ t(> cntcr U P OT1 ant ^ suivey any land comprised within
de^ section an > ** a arca ^ n regard to which any notification
3 or 8. has been issued under section 3 or section 8 3 for
in refiaid to which a notification is proposed to be
issued under section 5AJ ;
i Substituted by the Adaptation of Laws Order, 1050.
4 Th? word "local" wa omitti-J l>> Punjab A"t IV of 1944, section in.
3 Added by Purjab Ad IV of 1944, sccLon 10.
OF 1900] Punjab Land Preservation (Cftos) Act, igoo 75
(4) to erect bench-marks on and to delimit and demar-
cate the boundaries of any such ** 1 area; and
(c) to do all other acts and things which may be necessary
in order adequately to pieservc or protect, any
land or to give effect to all or any of the provisions
of this Act :
Provided that reasonable compensation, to be assrssed
and determined in the manner in this Act provided, shall
b made in respect of any damage or injury caused to the
property or rights of any person in carrying out any operations
under the piovibions oi this* section, i>ut no such compensa-
tion shall le piynble in respect <f ;ir i't " rlrnc un-ier the
said provisions withm the limils of any j ** area notified
under section 8.
INQUIRY INTO CLAIMS AND AWARD OF COMPUTATION
%
14. (i) The Deputy Com n : sMoner shall Inquiries in-
/ \ r i r 11 i i j'j to claims and
(a) fix a date lor inqm.tn^ into all churns made under awards there-
section 7 ** and nm/ in his discretion from time upon,
to time adjourn the inqi iry to a date to be fixed
by him;
(b) record in \\riting dll statements made under section 7;
(r) inquire int-) all claims duly picfrrred under section
7 * 2 * ; and
(d) make any a\\ard upon each such claim, setting out
therein the nruutc and extent of the riijht claimed,
the person or persons m iking such claim, the extent
(if any) to \\hich, :ir,d the person or persons in
whose favour, the rk'ht claimed is established, the
extent to which it is to be restricted 3 [or prohibited
and the nature and amount of the compensation
(if any) awarded.]
(2) For the purposes of every such inquiry the Deputy
Commissioner may exercise all or any of the powers of a
Civil Court in the trial of suits under the *Code of Civil
Act XIV of Procedure.
1889.
(3) The Deputy Commissioner shall announce his award
to such persons interested, or their representatives, as are
present, and shall record the acceptance of those who accept
it. To such as are not present, the Deputy Commissioner
shall cause immediate notice of his award to be given.
9 ; , __-____.
* The word "local" was omitted by Punjab Act IV of 1944., section 10.
* The words "or section 12" were omitted by the Punjab Act VIII of 1926, section 5.
S Substituted for the word "extinguished" by Punjab Act VIJI of 1926, section 5.
4 See now the Code of Civil Procedure, 1908 (Act V of ^908 / J^nrepcaled Centra*
Volume V.
76 Punjab Land Preservation (Chos) Act, 1900 [ACT n
Method of ig. (i) j n determining the amount of compensation, the
compensation De P ut y Commissioner shall be guided, so far as may be,
and effect of ^Y tne provisions of sections 23 and 24 of the 'Land Acquisi-
such award, tion Act, 1894, and as to matters Mhich cannot be dealt Act r r 1894-
with under those provisions, by wh? IF just and reasonable
in the circumstances of each case.
(2) The Deputy Commissioner may, with the sanction of
the 2 fState Government] and the consent of the person
entitled, instead of money award compensation in land or
by reduction in revenue or in any other form.
(3) If in any case, the exercise of any right is prohibited
for a time only, compensation shall be awarded only in
respect of the period during which tLc exercise of such right
is so prohibited.
2 (4)
PROCEDURE, RECORDS AND APPEAL
rights' m res- **' (^ ^ or Cver 7 area, notified under section 3 or section
pectofnoti- 8, the Deputy Commissioner shall piepare a record setting
fied area. forth the nature, description, local situation and extent of
all rights mentioned in section 4 and section 5
(a) existing within such area at the time of the publica-
tion of the notification relating thereto under
section 3 or section 8,
(b) regulated, restricted or * A * r > [prohibited] by any
order under section 4 or section 5.
(2) When any award is made under section 14, its effect
upon any right shall also be recorded therein.
Mode of pro- I? . (,) Upon the publication of a notification issued
notmcafions u . nder an Y of the provisions of this Act, the Deputy Commis-
and of serv- sioner shall cause public notice of the substance thereof to
ing notices, be given at convenient places in the locality to which such
orders and notification relates,
processes is-
sued under , . PT ,. , ., , .
the Act. ( 2 ) * he procedure prescribed in sections 20, 21 and 22
of the 6 Punjab Land Revenue Act, 1887, shall be followed, *} IJ
as far as may be, in proceedings under this Act. 7>
Appeal, re- 18. Every order passed and every award made by a
view and Deputy Commissioner under this Act, shall, for the purposes
revision. Q f a pp ea i ? rev iew and revision, respectively be deemed to
be the order of a Collector within the meaning of sections 13, xvil
14, 15 and 16 of the 6 Punjab Land Revenue Act, 1887 : 1887.
1 See Unrepealed Central Acts, Volume III.
* Substituted for the words "Provincial Government" by the Adaptation of Laws Order, 1950.
3 Repealed by the Punjab Act VIII of 1926, section 6.
4 The word "suspended " was omitted by Punjab Act, VIII of 1926, section 7.
!> Substituted for the word "extinguished" by Punjab Act, VIII of 1926, section 7.
r^i T _r n :_i_ n_j_
OF 1900] Punjab Land Preservation (Chos) Act, 1900 77
Provided that nothing in this Act contained shall be deemed
to exclude the jurisdiction of any Civil Court to decide any
dispute arising between the persons interested in any com-
pensation awarded as to the apportionment or distribution
thereof amongst such persons or any of them.
PENALTIES, BAR OF SUITS AND RULES
19. Any person who, within the limits of ~ny *** area, Penalty for
notified under section 3, commits any breach of any regula- offences,
tion made, 2 f restriction or prohibition imposed, order passed
or requisition made under section 4, 5, 5-A or y-A] 3 [or
obstructs or restricts in any w r ay whatever the execution of
acts or things done under section 13] shall be punished
with imprisonment for a term which may extend to one
month, or with a fine which may extend to one hundred
rupees, or with both.
20. 4 [The provisions of sections 52, 54, 55, 56, 57, 58, 59, Application
Go, fn, 62, 64 (excluding the last sentence), 66, 67, 68 and' 73 $5J
XVI of 1927. of the Indian Forest At t, 1927], shall, so fir ,<s applicable, O f 1927.
be read as part of tins Act, and for the purposes of those
piovisions every offence punishable under section 19 shall
be deemed to be a "forest offence", and every officer em-
ployed in the management of any area notified under section 3
or section 8, as care-taker or otherwise, shall be deemed to
be a forest officer.
21. No suit shall lie against 5 [the Government] for anything Bar of suits,
done under this Act, and no suit shall lie against any public
servant for anything done, or purporting to have been done,
by him, in good faith, under this Act.
22. (i) The 6 [Statc Government] may make rules, Power to
consistent with this Act, make rules.
(a) regulating the procedure to be observed in any
inquiry or proceeding under this Act; and
(b) generally for the purpose of carrying into effect
all or any oT the provisions of this Act.
(2) All rules made under this section shall be published
' in the 7 [official Gazette].
The word "local" was omitted by Punjab Act IV of 1944, section n.
Substituted for the words "or re
unjab Act IV of 1944, section i
3 Inserted by sec. 2 of 1950 Act.
2 Substituted for the words "or restriction or prohibition imposed under section 4 or section 5"
by Punjab Act IV of 1944, section 1 1.
4 Substituted for the words, figures and brackets "the provisions of sections 52, 53, 54, 55, 56,
57 5**, 59> 6 , 61, 63 (excluding the last sentence), 64, 65, 66, 67 and 72 of Indian Forest Act,
1878" by Punjab Act of 1944, section 12.
5 Substituted for the words "Crown" by the Adaptation of Laws Order, 1950.
6 Substituted for the words "Provincial Government" by the Adaptation of Laws Order, 1950.
f Substituted for the word "Gazette" by the Government of India (Adaptation of Indian Laws
Order, 1937.
bhort title,
extent and
commence-
ment.
Definitions.
THE BOMBAY LAND IMPROVEMENT
SCHEMES ACT, 1942 (AS AMENDED
UPTO 1948)
Bombay Act No. XXVIII of 1942'
An Act to provide for the making and execution of
schemes relating to the construction of tanks,
embankments and other works, the prohibition
and control of grazing for the purposes of preser-
vation of soil, prevention of soil erosion, improve-
ment of water supply and other matters in order
thereby to protect and improve lands and crops in
the Province of Bombay and for charging certain
expenditure on the revenue of the Province.
WHEREAS it is expedient to provide for the making and
execution of schemes relating to the construction of tanks,
embankments and other works, the prohibition and control
of grazing for the purposes of preservation of soil, prevention
of soil erosion, improvement of water supply and other
matters in order thereby to protect and improve lands and
crops in the Province of Bombay and for charging certain
expenditure on the revenues of the Province.
AND WHEREAS the Governor of Bombay has assumed to
himself under the Proclamation dated the 4th November
1939 issued by him under section 93 of the Government of
India Act, 1935, all powers vested by or under the said Act
in the Provincial Legislature;
Now, THEREFORE, in exercise of the said powers, the
Governor of Bombay is pleased to make the following Act:
CHAPTER I
PRELIMINARY
1. (i) This Act may be called the Bombay Land Improve-
ment Schemes Act, 1942.
(2) It shall extend to the whole of the 2 [State] of Bombay.
(3) It shall come into force in such area and on such date
as the 2 [State] Government may, by notification in the
Official Gazette, direct.
2. In this Act, unless there is anything repugnant in the
subject or context,
(i) "Board" means a Board constituted under section 3;
8 [(2) "Director of Agriculture" means the officer appointed
for the time being to be the Director of Agriculture and
includes any officer appointed by the 2 [State] Government to
perform the duties of the Director of Agriculture under this Act;
26 Geo.
5, ch. 2
1 For the Statement, see Bombay Government Gazette, 1943, Part IV, page 44.
a For retrospective operation of this Act, see sec. 22, Bom. 7 of 1945.
* Clause (2) was substituted for clause (2) by Bom. 73 of 1948, s. 2.
Bombay Land Improvement Schemes Act, 1942 79
1 (2A) "Divisional Soil Conservation Officer" means the
officer appointed for the lime being to be the Divisional Soil
Conservation Officer;
1 (aB) "District Agricultural Officers" means the officer
appointed for the time being to be the District Agricultural
Officer;]
2 f(2C) "Executing Officer" means an officer appointed
by die Board under sub-section (i) oi section 1 1 ;]
(3) "Inquiry Officer" means an officer appointed as such
by the Board;
(4) "owner" includes an owner in sevcralu, in common
B v or joint, an occupant as defined in the Bombav Land Revenue
1879. Code, 1879, a privileged occupant as defined in the Khoti
Bom. of 1880. Settlement Act, 1880, 3 [a tenant] and a mortgagee in posses-
sion 3 [and the expressions 'owning' and 'own' shall be cons-
trued accordingly;]
(5) "prescribed" means prescribed by rules made under
this Act;
( 6 ) 4[* ******]
(7) "scheme" means land improvement scheme prepared
under this Act;
r> f(7A) "Soil Conservation Officer" means the officer
appointed for the time being to be the Soil Conservation
Officer;
(/B) "Tenant" means an agriculturist who holds land
on lease and includes a person lawfully cultivating anv land
belonging to another person if such land is not cultivated
personally by the owner and if such person is not
(a) a member of the ow r ner's family, or
(b] a servant on wages payable in cash or kind but not
in crop share or a hired labourer cultivating the land
under the personal supervision of the owner or any
member of the owner's family;
Explanation. A person shall not be deemed to be a tenant
under this Act if such person has been on an application
made by the owner of the land as provided under sec tion 2 A
Bom XXIX ^ ^ ie Bombay Tenancy Act, 1939, declared by a competent
f 1939- authority not to be a tenant.]
(8) The words and expressions used in this Act, but not
Bom. V of defined, shall have the meaning assigned to them in the
1879. Bombay Land Revenue Code, 1879.
1 Clauses (2 A) and (26) were substituted by ibid.
2 Clause (2 A) which was renumbered as clause (2C) by Bom. 73 of 1948, s. 2 (6), was insert-
ed by Bom. 7 of 1945, s. 2 (a), read with Bom. 29 of 1948, s. 2.
3 These words were substituted for the original by Bom. 7 of 1948, s. 2.
4 Clause 6 was deleted by Bombay Act 53 of 1949.
5 Clauses (7A) and (78) were inserted by Bom. 73 of 1948, s. 2.
8o Bombay Land Improvement Schemes Act, 1942
CHAPTER II
CONSTITUTION OF BOARDS AND PREPARATION OF
LAND IMPROVEMENT SCHEMES
Constitution 3. J [(i) The a [State] Government shall constitute in
of Boards. each district a Board consisting of the Collector, the District
Agricultural CJRcer, 'ie Divisional Soil Conservation Officer
and such non-official persons not exceeding two as may be
appointed by the Provincial , v eminent.
(lA) The Divisional Soil Conservation Officer shall be
the Secretary of the Board.]
(2) If there is a difference of opinion among the members
of the T n r J icgarding any question under the provisions
of this Act the decision of the majority of the member shall
prevail.
Power of 4- (0 The Board may direct the preparation of a land
Board to improvement scheme of any area \\ithin its jurisdiction. A
direct P re - scheme may make provision for any of the following matters,
Y
[ACT xxvm
vemcnt sche-
me and
matters for
prepared.
(jj preservation and improvement of soil;
.
(") prevention of erosion of soil;
(*"') improvement of water supply;
(iv) introduction of dry farming methods;
(t) improvement in the methods of cultivation;
(vi) reclamation of waterlogged land or of land from
the sea ;
(vii) prohibition or control of grazing;
(viii) control and maintenance of tree growth ;
3 [(viii-a) regulation or prohibition of firing of vegetation ;]
4 [(rni-b) cultivation of waste or fallow land;]
(u) such other matters not inconsistent with the
objects of this Act as may be prescribed.
5 [(2) On such direction being issued by the Board, the
Board shall appoint an officer to prepare, in accordance
with such instructions as it may issue, a draft scheme con-
taining the following particulars, namely :
(i) the objects of the scheme ;
(if) the approximate area of the lands to be included in
the scheme;
(iff) the work or kind of work to be carried out under
the scheme;
(iv] the agency or agencies through which the work
shall be carried out;
(z>)_such other particulars as ma-' be prescribed.]
i Sub-sections (i) and (i \) were substituted for sub-section (i), by Bom. 73 of 1948, s. 3.
a The word "State" was substituted for the word "Provincial" by the Adaptation of Laws Order,
1550
3 Clause (viii-a) was inserted by Bom. 7 of 1945, s. 4(1) read with Bom. 29 of 1948, s. a.
4 This clause was inserted by Bom. 73 of 1948, s. 4.
5 Sub -section (2) was substituted by Bom. 7 of 1945, 34 () read with Bom. 29 of 1948, s. 2.
OF 1942] Bombay Land Improvement Schemes Act, 1942 81
1 [5 (0 The draft scheme prepared under section 4 shall Publication
be submitted to the Board which shall either approve the of scheme
scheme with 01 without modifications and appoint an Inquiry objections?^
Officer, or reject it.
(2) The scheme approved by the Board under sub-section
(i) shall Le published in the official gazette and in the village
and at the head quartet L o r the taluka 01 mahal and of the
district in which the lands proposed to be included in the
scheme are situate.
(3) The Board shall, a ["simultaneously with the publication
of the scheme in the offi^al gazette under sub-section (2)]
require all persons a (Tec ted by the scheme who wish to make
any objections o the scheme or part thereof to subrr\ their
objections Jn writing to the Inqu'iy Officer cr appear before
him, within twenty-one days of ? |such publication.]
6. () The Inquiry Officer shall hear such objections as Report of
are made to him in person, consider all objection duly Inquiry Of-
submitted under section 5 and submit his report together ficen
with tl e oYection? to the Board.
(2) The Inquiry Officer may, while submitting his report
under sub-section (i), recommend any modifications which
in his opinion are required in any of the particulars contained
'"n the scheme approved by the Board under sub-section (i)
of section 5.]
7. [Decision of dhpnhd claims.] Rep. by Bom. 7 of 1945, s. 6,
read wilh Botn. 20 of 1948, s. 52.
8. [Report of Inquiry Officer.] Rep. by Bom. 7 of 1945, s. 6,
read with Bom. 29 of 1948, s. 2.
4 [9- (i) After consideration of the objections and the Power of
report submitted under sub-section (i) of section G and of Boar< * to
any further report which the Board may require the Inquiry ^ ^fa ^
Officer to submit, the Board may sanction the scheme with without mo-
or without modifications or reject it : difiration*.
Provided that if not less than ^ per cent, of the total
number of the owners of the lard 'nrluded in ihe scheme
other than the ''[Government] or owners other than the
Government owning in the aggregate not less than 33 per
cent, of the land included in the scheme have made objections
to the scheme or part thereof, the Board shall submit the
scheme to the e[State] Government for its orders. The State
Government may thereupon sanction the scheme with or
\\ithout modifications or reject it.
(2) The scheme as sanctioned under sub-section (i) shall
be published in the official gazette, and in the village and
at the headquarters of the taluka or rrahal and of the district
in which the lands included m the scheme are situate and
shall on sach publication be f ~at.]
* Sections 5 and 6 were substituted for the original sections ibid. s. 5.
2 These words brackets a id figures were substituted for "on publication of the Scheme" by
Bom. 73 of 1948, s. 5(0).
3 These words were substituted for "the publication of the Scheme in the official gazette under
sub-section (2)" by Bom. 73 of 1948, s. 5 (^).
4 This section was substituted for the original by Bom. 1945, s. 7, read with Bom. 29 of
1948, s. 2.
5 The word "Government" was substituted for the word "Crown" by the Adaptation of Law*
Order, 1950.
6 The
word "State" was substituted for "Provincial" by ibid.
82 Bombay Land Improvement Schemes Act, 1942 [ACT xxvui
Effect of ID. On the date on which the scheme is published in the
scheme. official gazette un v lcr sub-section l \(z)] of section q, it shall
come into force and shall have effect as if it were enacted
in this Act.
Power of a [ioA. For the purpose of carrying out the objects ol a
4[Statel scheme which has come into force under section 10, 3 fthe
Government 4|State] Government or] the Board may mnke rt^uLsbons
to makeTe- requiring any person or *| * *] per, OPS 01 the
gulations. public generally to take certain action or to rrfiairi fiom
doing crrtam ads in irspet't of any matters supplementary
and incidental to the scheme ]
CHAPTFR III
EXECUTION OF THE SCHFMC
Power to 6 [n. fi) After a scheme has rurnv into ioice midci section
enforce schc- 10, the Board sliall ftp'joint an oilicei to cxrt uu- it.
me.
(2) Every owner of land im'liuli* i in th'* s licme shall pay
the costs or part cost:*, as thr case mav he, of the \\.nks
which under the scheme are carried ->,t 1^ ihr "[(Jm eminent]
in his land at the cost or part cost of the owner.
(;0 If anv oilier of the land iiul". 1 *'! in the scheme deslies
to carry out himself any \\'rlvN \\liivl: unJei tlie ^cLrme are
to be carried out in his land IA the T [( JCI.TI iinu-nt] at tV c ^t or
part rost of the owner, lie sliail t;ivf n >itCf in writing to ih.it
efTert to the Executing Officer \\ithm r\\mtv-onc d.n^ ot the
puMiralion of the scheme in the official yaznte under scctjon 9.
(4) On receipt of such notice, the Exrci-lmg Olficer
infoim the owner of ihe works winch are to be earned out in
his land, and shall fix the elate before which the owner shall
carry out the works.
(5) If such owner fails to carry out anv w r ork to the satis-
faction ol the Executing Olficer befoie the J ite fixed by
him or at any time expresses in writing to the Executing
Officer his inability to do so, the Executing Oihrer may
himself jr e t the work earned out and the expenses incuircd
by the Executing Olficer lor the purpose shall be recovered
from the owner.
f(i) Where the owner of any land included in the scheme
is the '[Government] the Department of Government which has
the control or management of such Li ml, or the Executing
Officer directed in this behalf by the Board or the 4 [State] Gov-
rnmcnt, as the case may be, shall carry out the works which
the 7 [Government] is liable to carry out under the scheme.]
1 The brackets and figure "12)" were substituted for th^ brackets and figure *'(3)"i
a This section was inserted by Bom. 3 of 194.4, s - 2 > reatl Wltn Born 2 of 19^.8, s. 2.
3 These words were inserted bv Bom. 7 of 1945, s 9, read with Bom. 29 of 1948, s. 2.
4 The word "State" was substituted for the woid "Provinc:.*!" b> tns Adaptation of Laws Order,
1950.
5 The words "class of" were deleted by Bom. 73 of 1948, s. 6.
6 This section was substituted for the original by Bom. 7 of 1945, s. 10, read with Bom. 29 of
1948, s. 2.
7 Tfee word "Government" was substituted for the word "Crown" by ibid.
OF 1942] Bombay Land Improvement Schemes Act, 1942 83
*
12. (i) If, in consequence of any work carried out [* * *] Liability *f
under the scheme 2 [any person, including the 3 [Government] p Jf r80 . n *
. other than the owner of the land in which the work is done,] is ^ c S not Un-
likely to be benefited, he shall pay such amount 4 [as the eluded in
5 [State] Government may determine as contribution to scheme to
the owner of the land, if the work has been carried out by contribution,
the owner, or to the 5 [ State] Government, if the work
has been carried out by the Executing Officer] :
Provided that the 5 [ State] Government may excuse
payment of such contribution in whole or in part in respect
of any work carried out by it 6 [in land belonging to the
3 [Government ]]
7!> (2) The amount shall be paid within such time as may
be specified by the 5 [State] Government.]
8 [izA. Any person who contravenes or causes any con- Penalty,
traventio.i of an> of the provisions of a scheme which has
come into force under section 10, or any of the regulations
matle under sec tion loA, or does any act which causes damage
to iny i/f the work*- carried out under the scheme, or fails to
mlfil any liability imposed upon im under section 13 or
sub-section 9 [(4;1 of section 25 shall, on conviction, be punish-
able with fine whic h may extend to fift\ rupees or with
simple imprisonment ,or a period which may extend to one
month, or with both.]
CHAPTER IV
MAINTKNANCE, REPAIR AND USE OF WORKS CARRIED
O1"J VNDI'R THL SCHEME
I0 [i3. (}} Tlir Fxccutint? Officer shall prepare a statement Statement
giving for any specified area the following particulars
(a) (i} the work clone ;
(h) the cost thereof ;
(m) the total amount to be recovered from the
owners,
(iv) the general rate per acre or per rupee of assess-
ment per annum at whit h such amount is to be
recovered from the owners ;
(i) the period within which such amount is to be
recovered ;
1 The words "by the owner of aw l.rid' were deleted by B'>m. 7 of 194.5, s. n (i), read with
Bom. 29 of 1948, s. 2.
2 These words were substituted for th- w,>rd* "aiy othr p:TSi>n, including the Grown", ibid.
8. II (lY).
3 The word "Government" was substituted for the we rd 'Grown" bv the Adaptation of La\\
Order, 1950.
* These words were substitut ?d for the words "to the owner of the land as contribution as tb
Board may determine" by Bom. 7, of 10,48, s. 7 (a).
5 The word "Stair** was Mib-onuud lorth* word "Provincial" by tht i Adaptation of Laws Ordr
1950.
6 These words were inserted by Bom. 7 of 10,4*1, s. n (zV), read with Bom. 2q of 1948, s. 2,
7 This sub-sectio % was substituted for the original by Bo'n. 73 of 1048, s. 7 (b}.
8 This section was inserted by Bo v n. 3 of 1944, s - 3 rca( i with Bom. 29 of 194.8, s. 2.
g The brackets and figure u (-0" were substituted for the brackets and figures "(5)" by Bom.
of 1*145, s - I2 > rea d with Bom. 29 of 1048, s. 2.
10 This section was substituted for the original, ibid., s. 13.
84 Bombay Land Improvement Schemes Act, 1945* [ACT xxvni
l [(vi) the work which, in his opinion, shall be main-
tained and repaired individually or jointly and
the names of such person or persons ;]
(b) If in the case of any survey number or sub-division of
a survey number the owner is not liable to maintain
or repair works therein, or if the cost is to be recover-
ed from an owner at a rate other than the general rate
a list of such survey numbers or sub-divisions, and the
rate at which the cost is to be recovered from the
owner of such survey numbers or sub-divisions ;
(c) a map showing the work carried out in the village;
(d) such other matters as may be prescribed.
(2) When the statement is prepared under this section
any rights and liabilities shown therein shall be entered in
the record of rights maintained under Chapter X-A of the
Bombay Land Revenue Code, 1879, an d in the village Bom. V
accounts in such manner as the 2 [State] Government .may of l8 79-
prescribe and shall thereupon form part of such record of
rights and of the village accounts.]
S.r!n^ tl0n ?n S l f 4' 0) Ever Y person shown in the statement prepared
JJCI SUila IO j . I'll i 111
maintain and ur *aer section 13 as liable to maintain and repair work shall,
icpair works, to the satisfaction of the Divisional Conservation Officer and
within such time as the said officer may fix, maintain and
repair the work in his own land and in any other land in
respect of which he is shown as liable in the said statement.
(2) If such person fails to maintain or repair the work
within the time fixed by the Divisional Conservation Officer
under sub-section (i), the Land Improvement Officer shall
himself get the work maintained or repaired and the cost of
so doing shall be recovered from the person.]
4 [(3) If tne Land Improvement Officer is of opinion that
an emergency has arisen and that the immediate repair of
any work referred to in sub-section (i) is necessary in the
general interest, he shall carry out such repair and the cost
of such repair shall be paid by the owner of the land on which
the repair has been carried out.
(4) The Divisional Conservation Officer shall, as soon as
practicable, make report to the 2 [State] Government
regarding such repair.]
CHAPTER V
MISCELLANEOUS
Payment and s [15, Any amount or instalment thereof payable under
amount f ? ection 1 1 > I2 J 4 or 2 5 A which is not paid on the date when
it becomes due under this Act shall be deemed to be an
1 This clause was substituted for the original by Bom. 73 of 1948, s. 8.
2 The word "State" was substituted for the word "Provincial" by the Adaptation of Laws
Order, 1950.
8 This section was substituted for the original by Bom. 7 of 1945, s. 14, read with Bom. 20
of 1948, s. 2.
* These sub-sections were added by Bom. 73 of 1948, s. 9.
5 This section was substituted for the original, ibid., s. 10.
r I94 2 ] Bombay Land Improvement Schemes Act, 1942 , 85
arrear of land revenue due on account of the land for the
benefit o r which the scheme has been sanctioned under this
Act or be work is or repairs are carried out and shall be
recoverable as sj^h arrear by any of the methods specified
m. V of in section 150 of the Bombay Land Revenue Code, 1879.]
16. For the purpose of preparing, sanctioning or executing Right of
any scheme '[or repairing or maintaining any works under entr Y-
any scht i e], am person authorised by 2 [the Board, the
Collector or the iXvisiona 1 Soil Conservation Officer] may,
after giving such notice as may be prescribed, to the owner,
occupier or other person Interested in any land, enter upon,
survey and mark out such land, and do all acts necessary
Tjr such purpose.
17. (i) Any authority other than a Board empowered Inquiries to
urder this Act to make an inquiry shall make the inquiry be h .j um ~
in the manner provided for holding a summary inquiry man y *
Dm. V of under the Bombay L<md Revenue Code. 1879, and all the
*79- ptovi" ; ons contained in the said Code relating to the holding
of a summary inquiry shall, bi r :n as may be, apply.
(2) S'jch authority as well as a Boaid shall have th~ same
powers for summoning and enforcing the attendance of any
person and examining him on oath and compelling the
production of documents ar are vested in the revenue officers
om. V of under the Bombay Land Revenue Code, 1879.
18. Notwithstanding anything conta ; ned : n any other Permission to
i r i i r u TI i i r \ r v owners to m-
law for the time beir>^ *n iorre, it sbau be lawlul 'or the owner crease rent
of any b nd included " a scheme t o enhance the rent payable on account
by a tenant of the land o/ such amount ar^d subject to such of improve-
conditions as may be prescribed. ments effect-
:VIofigo8. *9- (0 Nothing in the Indian Registration Act, 1908, ^ e ? istrati n 1 t
shall be deemed to require the registration ofanv document, pia^o^map
plan, or map prepared, made or sanctioned in connection i n connection
with a scheme which has come into force. with land im-
provement
(2) All such documents, plans and maps shall, for the scheme not
purpose of sections 48 and 49 of the Indian Registration required.
CVI of 1908. Act, 1908, be deemed to be registered in accordance with
the provisions of that Act :
Provided that documents, plans and maps relating to the
sanctioned scheme shall be accessible to the public in the
manner prescribed.
20. [Delegation of powers by B [State] Government.] Rep. by
Bom. 7 of 1945, s. 1 6, read with Bom. 29 of 1948, s. 2.
4 [2i. The 3 [State] Government and subject to the Delegatipn.
control of the 3 [State] Government the Collector or the
Land Improvement Officer may delegate to any officer any
of the powers conferred on it or him or any of the functions
to be performed by it or him by or under this Act.]
1 These words were inserted by Bom. 7 of 1945, s. 15 (i), read with Bom. 29 of 1948, s. a.
* These words were substituted for the words "the Board or the Collector", ibid., s. 15 (#)
8 The word "State" was substituted for the word "Provincial" by the Adaptation of Laws
Drdcr, 1950.
4 This section was substituted for the original by Bom. 73 of 1948, s. u.
86
Bombay Land Improvement Schemes Acf, 1942
[ACT xxvui
vants.
Certain offi- 22. The members and Secretary of a Board, the Inquiry
cers to be officer and any officer or person authorised or appointed
public ser- by the Board5 the Collector, '[the Divl. Conservation Officer]
or the 2 [State] Government under sub-section (2) of section
4, sub-section (i) of section n, sub-section (2) of section 12,
section 16, 3 [section 21] or sub-section (2) of section 25, as
the case may be, shall be deemed to be public servants within
the meaning of the Indian Penal Code. XLV of
Protection of 23. (i) No suit, prosecution or other legal proceedings
persons act- shall be instituted against any public servant or person duly
ing in good authorised under this Act in respect of anything in good
rnitation d of faith done or intenciecl to be clone under this Act or the rules
suits l and made thereunder.
prosecutions. , . _. . . , ,. , ,
(2) No suit or prosecution shall be instituted against any
public servant or person duly authorised under this Act in
respect of anything done or intended to be done, under this
Act, unless the suit or prosecution has been instituted within
six months from the date of the act complained of.
Power to 24. (i) The 2 [State] Government may, by notification
make rules, published in the official Gazette, make rules for the purpose
of carrying into effect the provisions of this Act.
(2) In particular and without prejudice to the generality
of the foregoing power, such rules may be made to determine
the following matters, namely :
4 [(i) the matters to be prescribed under clause (ix) of
sub-section (i) and clause (v) of sub-section (2) of
section 4;
(it) the matters to be prescribed under clause (d} of sub-
section (i) of section 13;
(til) the niannei in which the rights and liabilities shown
in the statement prepared under section 13 shall
be entered in the record of rights maintained under
t Chapter X-A of the Bombay Land Revenue Code,
1879, and in the village accounts under sub-section Bom. V of
(2) of section 13
(z:>) the manner of giving notice under section 16;
(v) the manner in which documents, plans and maps
shall be made accessible to the public under section
(vi) the number of equated annual instalments payable
under sub-section (2) of section 2 5 A.]
r >* * * *
(3) The rules made under this section shall be subject to
the condition of previous publication.
1879.
1 These words were inserted by Bom. 7 of 1945, s. 18, read with Bom. 29 of 1948, s. 2.
* The word "State" was substituted for the word "Provincial" by the Adoptation of Lws
Order, n 50.
3 The word and figures "section 21" were inserted, ibid., s. 18.
4 Clauses (i) to (vi) were substituted for the original clauses (t) to (wit) by Bom. 7 of 1945, s. 19,
read with Bom. 29 of 1948, s 2.
5 Clause (via) inserted by Bom. 3 of 1944, s. 5 (2), was repealed by Bom. 7 of 1945, i. 14, read
with Bom. 29 of 1948, s. 2.
OF 1942] Bombay Land Improvement Schemes Act, 1942 87
25. (i) Notwithstanding anything contained in this Act Power of
the '[State] Government may direct the preparation of ^ ta |^ t Govi "
a land improvement scheme providing for any of the matters direct pre
specified in sub-section (i) of section 4 2 [in any case in which paration sche-
the '[State] Government or any trust may contribute me in certain
not less than 25 per cent, of the cost of the scheme, or] in c * r c u m "
any area in which the l [State] Government declares that sances "
a state of famine or scarcity prevails or in which in the opinion
of the l [State] Government a state of famine or scarcity
is likely to prevail 3 [or land improvement is necessary in the
interest of any members of 4 [Regular Army] whether in
service or retired, or of their dependents].
5 [(s) On such direction the person appointed by the
'[State] Government or the Board in this behalf shall
prepare in accordance with such instructions as the x [State]
Government or the Board may issue, a draft scheme
containing the particulars specified in sub-section (2) of
section 4 and submit it to the 1 [State] Government or the
Board, as the case may be, for its approval.
(3) After the scheme is submitted to the J [State] Govern-
ment or the Board for approval under sub-section (2) the
provisions of sections 5 to 23 and the rules made under
section 24 shall, so far as they can be made applicable, apply
in respect of such scheme.
(4) Notwithstanding anything contained in sub-section (3)3
the owner of the land in which any work has been carried
out for the purposes of a scheme under this section shall be
liable, pending the preparation of the statement under
section 13 to maintain the work to the satisfaction of the
Divl. Soil Conservation Officer and repair it to his satisfaction
within such time as he may fix.
The provisions of sub-section (2) of section 14 shall apply
in respect of the owner's liability under this sub-section.]
er* # # # #1
7 [25A. 8 [(i) Notwithstanding anything contained in this '[State]
Act, the i [State] Government may at any time direct the Government
preparation of a scheme for any of the matters specified in m * y cany
i / \ p /* .ii ' / out work in
sub-section ( i ) of section 4 m any area, if in the opinion of a scheme and
the ' [State] Government such scheme is necessary in the subsequently
interest of the public : recover cost
Provided that if any person or authority is willing to con-
tribute not less than 25 per cent, of the estimated cost of any
scheme, the x [State] Government may also direct the
preparation of such scheme.]
(2) The cost directed to be recovered under sub-section (i),
with interest at such rate as the x [State] Government may
1 The word "State" was substituted for the word "Provincial" by the Adaptation of Laws Order,
1950.
2 These words and figures were inserted by Bom. 3 of 1944, s. 6 (i) (a), read with Bom. 29
of 1948, s. 2.
3 These words were added, ibid., s. 6 (i) (b).
4 The words "the Regular Army" were substituted for the words "His Majesty's forces" by ibid
5 Sub-sections (2) to (4) were substituted for original sub-sections (2) to (5) by Bom. 7 of 1945,
s. 20, read with Bom. 29 of 1948, s. 2.
6 Sub-section (5) inserted by Bom. 3 of 1944, s. 6 (#), was repealed by Bom. 7 of 1945, s. 20.
7 This section was inserted, ibid., s. 7.
8 This sub-section was substituted for the original by Bom. 73 of 1948, s. 12.
88 Bombay Land Improvement Schemes Act, 1942 [ACT xxvm OF 1942]
direct, shall be recoverable from the owners concerned in
such number of equated annual instalments payable on the
date appointed for the payment of the first instalment of
land revenue as may be prescribed.]
Expenditure 26. The expenditure incurred by the 1 [State] Govern-
incurred by ment in pursuance of anything done under this Act shall be
^Srate]. charged on the revenues of the ' [State],
Government ^27. All Boards constituted for a division under section 3
to be charged ^^\\ fa dissolved on the day on which the new Board shall
of ^TstaVe] k e constituted under section 3 as amended by the Bombay fiom
Saving. Land Improvement Schemes (Amendment) Act, 1948: LXXIII
Provided that any direction issued, appointments made?
scheme sanctioned, regulation made and all things done
by the first mentioned Board shall be deemed to have been
lawfully issued, made, sanctioned or done and any scheme
so sanctioned shall be executed by the new Board constituted
as aforesaid in the district in which the land in respect of
which such scheme is made is situate :
Provided further that if such land is situate within the
limits of more than one district the 5 [State] Government
shall decide which of the Boards shall execute the scheme
in respect thereof.
Validation of 2 g. Notwithstanding anything contained in this Act, the
consmuuon^ g oarc | cor!S tituted, any directions issued, appointments made,
Board. scheme approved, regulations made and all things done by
or on behalf of the Board, before the date on which the Bom-
bay Land Improvement Schemes (Amendment) Act, 1948, Bom.
came into force shall be deemed to be and to have always LXXIII of
been validly constituted, issued, made, approved or done J 94 8 -
and shall not be deemed to have been invalidly constituted,
issued, made, approved or done by reason only of the fact
that the Agricultural Commissioner or the Director of Agri-
cultural Engineering acted as a member of the Board before
the said date.
Saving of 29, Nothing in this Act shall apply to Khar lands in respect
Khar lands. o f which a scheme is or has been sanctioned under the Bombay ? TTT r
fl-TJA^Ol LXXIII Of
Khar Lands Act, 1948.] I94 g
1 The word "State" was substituted for the word "Provincial" by the Adaptation of Laws Order,.
1950-
2 Sections 27, 28 and 29 were added by Bom. 73 of 1948, s. 13.
THE JAMMU AND KASHMIR LAND
PRESERVATION ACT, 1943 (2000)
Act No. VIII of 1943 (2000)
An Act to provide for the better preservation and
protection of certain portions of the territories of
the Jammu and Kashmir State.
WHEREAS it is expedient to provide for the better preser- Preamble,
vation and protection of certain portions of the territories
of the Jammu and Kashmir State situate within or adjacent
to the mountain ranges or affected or liable to be affected
by the deboisement of forests within those ranges, or by the
action of streams and torrents, such as are commonly called
Khuds and Nallahs flowing through or from them ;
It is hereby enacted as follows :
1. (i) This Act may be called the Jammu and Kashmir Sh rt litle
Land Preservation Act, 2000. and extenU
(2) It shall extend to the whole of the State.
2. In this Act, unless a different intention appears from the Definitions,
subject or context,
(a) "Collector" includes any revenue officer, not lower
in rank than an Assistant Collector of the first class
specially appointed by the Government to perform
the functions of a Collector under this Act;
(b) "Khud" or "Nallah" means a stream or torrent flowing
through or from mountain range;
(c) "land" means land within any local area preserved
and protected or otherwise dealt with in manner
provided in this Act, and includes benefits to arise
out of land and things attached to the earth or perma-
nently fastened to anything attached to the earth ;
(d) "person interested" includes all persons claiming
any interest in compensation to be made on account
of any measures taken under this Act ; and
(e) the words "tree", "timber", "forest produce" and
"cattle" respectively, shall have the meanings
severally assigned to them in the Jammu and
Kashmir Forest Act, 1987.
NOTIFICATION AND REGULATION OF AREAS
3. Whenever it appears to the Government that it is Notification
desirable to provide for the better preservation and protection ^ areas,
of any local area, situate within or adjacent to any mountain
range or affected or liable to TDC affected by the <Jeboisement
of forests in that range or by the action of Khuds and Nallahs
ttep nray, by /notification in the Government Gazette, make
a tfirection -ficcordmgTy.
go The Jammu and Kashmir Land Preservation Act, 1943 [ACT vn
Power to 4. In respect of areas* notified under section 3 generally
regulate, res- or t ^ e w j lo i e or an y p ar ^ o f any such area, the Government
h7bit r P by ma y> by general or special order, temporarily regulate,
general or restrict or prohibit
within noti- (a) the clearing or breaking up or cultivating of land
fied areas, not ordinarily under cultivation prior to the publica-
certain mat- t j on o f t j ie notification under section 3 ;
(b) the quarrying of stone, or the burning of lime or
the making of bricks at places, where such stone
or lime or bricks had not ordinarily been so quarried
or burnt or made prior to the publication of noti-
fication under section 3 ;
(c) the cutting of trees or timber, or the collection,
removal or subjection to any manufacturing process,
otherwise than as described in clause (b) of this
section, of any forest produce other than grass
save for bona fide domestic or agricultural purposes ;
(d) the setting on fire of trees, timber or forest produce;
(e) the admission, herding, pasturing or retention of
sheep and goats;
(/) the examination of forest produce passing out of
any such area ; and
(g) the granting of permits to the inhabitants of towns
and villages situate within the limits or in the
vicinity of any such area to take any trees, timber
or forest produce for their own use therefrom, or to
pasture sheep or goats or to cultivate or erect
buildings therein and the production and return
of such permits by such persons.
Power in 5. In respect of any specified village or villages, or part
certain cases O r parts thereof, comprised within the limits of any area
to regulate^, not ifi ec [ un der section 3, the Government may by special
prohibit, by order temporarily regulate, restrict or prohibit
special order
within noti- (a) the cultivating of any land ordinarily under cultiva-
fied areas, tion prior to the publication of the notification
certain fur- under sect i on g;
ther matters. 9
(b) the quarrying of stone or the burning of lime or
the making of bricks at places where such stone
or lime or bricks had ordinarily been so quarried
or burnt or made prior to the publication of the
notification under section 3;
(c) the cutting of trees or timber, or the collection,
removal or subjection to any manufacturing process,
otherwise than as described in clause (b) of this
section, of any forest produce for any purposes; and
(d) the admission, herding, pasturing or retention of
cattle generally, other than sheep and goats, or of
any class or description of such cattle.
Explanation. For the purposes of clause (b) of section 4
and clause (ft) of this section, the word "making" includes
"burning".
OF 1943] The Jammu and Kashmir Land Preservation Act, 1943 91
6. Every order under section 4 or 5 shall be published Necessity for
in the Government Gazette and shall set forth that the regulation,
^ . ~ , ~ , , . , restriction or
Government are satisfied, after due inquiry and considera- prohibition
tion, of objections as may have been preferred and the regula- to be recited
tions, restrictions or prohibitions contained in the order are in the order
necessary for the purpose of giving effect to the provisions of under s ct *?
, . * , 4 or 5* * Uuii"
this Act. cation O f
order'
7. (i) When in respect of any local area a notification Proclamation
has been published under section 3; and of regulations
restrictions
(a) upon such publication any general order made under and prohibi-
section 4 becomes applicable to such area; or tions and
,,. .11 i . . admission of
(0) any special order under section 4 or section 5, is claims of
made in respect of such area; compensa-
i r* n i 11 IT r i r tion for rights
the Collector shall cause public notice of the provisions ot w hi c h are
such general or special order to be given and, if the provisions restricted or
of any such order restrict or prohibit the exercise of any extinguished.
existing rights, shall also publish in every town and village
the boundaries of which include any portion of the area
within or over which the exercise of any such rights is so
restricted or prohibited a proclamation stating the regulations,
restrictions and prohibitions which have been imposed, by
any such order, within the limits of such area or in any part
or parts thereof fixing a period of not less than three months
from the date of such proclamation and requiring every
person claiming any compensation in respect of any right
so restricted or prohibited, within such period either to
present to such officer a written notice specifying, or to appear
before him and state, the nature and extent of such right
and the amount and particulars of the compensation, if any,
claimed in respect thereof.
(2) Any claim not preferred within the time fixed in the
proclamation made under sub-section (i) shall be rejected:
Provided that if the claimant statisfies the Collector that
he had sufficient cause for not preferring the claim within
time, the Collector may admit any such claim as if it had
been made within such period.
CONTROL OVER THE BEDS OF KHUDS AND NALLAHS
8. (i) Whenever after due enquiry and consideration of Action when
such objections as may be preferred it appears to the Govern- co^ders^it
ment that it is desirable that measures should be taken in desirable to
the bed of any Khud or Nallah for the purpose of take meas-
/ \ i i n r i i ures to regu-
(a) regulating the now ol water within and preventing j ate t h e beds
the widening or extension of such bed, or of of Khuds and
(0) reclaiming or protecting any land situate within ^g^f such
the limits of such bed, beds in the
v i i . * i j Government,
hey may either proceed at once in the manner provided in
iub-section (2), or they may, in the first instance, issue a
notification specifying the nature and extent of the measures
which in their opinion are necessary, and the locality in,
and the time within, which such measures are to be taken,
requiring all owners and occupiers of land situate in such
locality to carry out the measures specified in such notification.
92 The Jammu and Kashmir Land Preservation Act, 1943 [ACT viu
(2) If the whole or any part of the bed of any Khud or
Nallah be unclaimed, or, if in the opinion of the Government
the measures deemed necessary under sub-section (i) are
of such a character in regard to extent and cost that the
interference of the Government is absolutely necessary, or
in the event of the owner or occupier of any portion of the
bed of any Khud or Nallah failing to comply with the require-
ments of any notification issued under sub-section (i), the
Government may by notification declare that the whole
or any part of the area comprised within the limits of the
bed of any Khud or Nallah shall vest in the Government for
such period and subject to such conditions, if any, as may be
specified in the notification, and may, from time to time,
by like notification, extend the period during which any
such area shall remain vested in the Government.
Provided that no such declaration shall be made in respect
of or shall affect any land included within the limits of the
bed of any such Khud or Nallah which, at the date of the
notification making such declaration, is cultivated and yields
any produce of substantial value.
(3) When the owners or occupiers of such locality are
unable to agree among themselves regarding the carrying
out of such measures the decision of those paying the larger
amount of land revenue shall be held to be binding on all.
Effect of noti- 9. Upon the making of any declaration under sub-section
(2) of section 8 all private rights of whatever kind existing
suspend or | n or re | atm g ^ o an y i anc [ comprised within the area specified
private rights * n tne notification containing such declaration at the time
in the area of the publication thereof shall be suspended for the period
notified un- specified in the declaration and for such further period, if
der section 8. anVj to wn j c h tne notification may be extended.
Provided that, as far as circumstances admit, such rights
of way and water shall be reserved in respect of every such
area, as may be necessary, to meet the reasonable require-
ments and convenience of the persons, if any, who, at the
time of the making of such declaration, possessed any such
rights over such area.
Power of the io. (i) The Collector shall, for the purpose of every
Collector to notification issued under sub-section (2) of section - 8, fix
delimit the th Hmit f th comprised within the bed of the Khud
bed and to Ar . , . , . r .~ . . ,
decide what or Nallah to which such notification is to apply.
constitutes
such bed.
Power to take (2) Upon the publication of the notification containing
possession of any declaration under sub-section (2) of section 8, it shall be
v^L W ^ n lawful for the Collector to
vested in tne
Government. ^ take p OSsess i on o f tne area specified in such decla-
ration ;
(/>) eject all persons therefrom; and
(c) deal with such area while it remains vested in the
Government as if it were the absolute property of
Government.
X 943l The Jammu and Kashmir Land Preservation Act, 1943 93
BAR OF COMPENSATION FOR ACTS DONE UNDER SECTIONS 8,
9 AND IO
11. No person shall be entitled to any compensation for
anything at any time done in good faith in exercise of any
power conferred by section 8, section 9 or section 10.
POWER TO ENTER UPON AND DELIMIT NOTIFIED AREA
AND BEDS
12. It shall be lawful for the Collector and his subordinate Power to -
-officers, servants, caretakers and workmen from time to time, ^ ve U ^Jj
.as occasion may require demarcate
(a) to enter upon and survey any land comprised loc f* "areas
-^i- i i - J A u-u notified un-
withm any local area in regard to which any ^ er sect j on
notification has been issued under section 3 or sec- or 8.
lion 8 ;
(>i to erect bench-marks on and to delimit and demar-
cate the boundaries of any such local area ; and
(c) to do all other acts and things which may be neces-
sary in order adequately to preserve or protect any
land or to carry into effect all or any of the provisions
of this Act :
Provided that reasonable compensation to be assessed
and determined in the manner provided in this Act shall be
made in respect of any damage or injury caused to the pro-
perty or rights of any person in carrying out any operations
under the provisions of this section, shall be payable in respect
of anything done.
INQUIRY INTO CLAIMS AND AWARD OF COMPENSATION
13. (i) The Collector shall Inquiries in-
(a) fix a date for inquiry into all claims made under to , claims
v ' . i n j i j- r and award
sections 7 and 8 and may, in his discretion, from thereupon.
time to time, adjourn the inquiry to a date to be
fixed by him;
>(b) record in writing all statements;
(c) inquire into all claims duly preferred;
(d) make an award upon each such claim, setting out
therein the nature and extent of the right claimed,
the person or the persons making such claim, the
extent, if any, to which, and the persons or person
in whose favour, the right claimed is established,
the extent to which it is restricted or prohibited
and the nature and amount of compensation if, any,
awarded.
(2) For the purposes of every such inquiry the Collector
-may exercise all or any of the powers of a Civil Court in the
trial of suits under the Code of Civil Procedure, 1977.
(3) The Collector shall announce his award to such
persons interested or their representatives as are present and
shall record the acceptance of those who accept it. To such
AS are not present the Collector shall cause immediate notice
of his award to be given.
94 The Jammu and Kashmir Land Preservation Act, 1943 [ACT vin
Method of 14. (i) In determining the amount of compensation and
r W a ensa- n S the takin S over of possession the Collector shall be guided,
dcK^ancT ef- so ^ ar as ma y be, by the provisions of sections 23, 24, 16 and
feet of such 17 of the Jammu and Kashmir Land Acquisition Act, 1990,
award. and as to matters which cannot be dealt with under those
provisions by what is just and reasonable in the circums-
tances of each case.
(2) The Collector may with the sanction of the Govern-
ment and the consent of the person entitled, instead of
money, award compensation in land or by reduction in
revenue or in any other form.
(3) In any case in which the exercise of any right is prohi-
bited for a time only, compensation shall be awarded only
in respect of the period during which the exercise of such
right is so prohibited.
PROCEDURE, RECORDS AND APPEALS
Record of 15. (i) For every area, notified under section^, or section 8,.
right m res- the Collector shall prepare a record setting forth the nature,.
pect of noti- description, and extent of all rights mentioned in section 4
fied areas. , s
and section 5
(a) existing within such area at the time of the publica-
tion of the notification relating thereto under
section 3 or section 8 ;
(b] regulated, restricted or prohibited by any order
under section 4 or section 5.
(2) When any award is made under section 14, its effect
upon such rights shall also be recorded therein.
Mode of pro- 16. (i) Upon the publication of a notification issued
claiming no- under any of the provisions of this Act, the Collector shall
1 1 fi c a 1 1 o n cause a public notice or the substance thereof to be given at
and of serv- . r . u-i i_ * i,
mg notices, convenient places to which such notification relates.
processes is- ( 2 ) The procedure prescribed in sections 15-6, I5~C and
sued under I5-D of the Land Revenue Act, 1996, shall be followed, as
the Act. far as may be, in proceedings under this Act.
Appeal, re- 17, Every order passed and every award made by the
view and Collector under this Act, shall for the purposes of appeal,
revision. rev iew and revision, respectively be deemed to be an order
of the Collector within the meaning of sections n, 12, 13
and 14 of the Jammu and Kashmir Land Revenue Act,
I99 6 -
Provided that nothing in this Act shall be deemed tO'
exclude the jurisdiction of any Civil Court to decide any
dispute arising between the persons interested in any com-
pensation awarded, as to the apportionment or distribution
thereof amongst such persons or any of them.
Penalty for 18. Any person who within the limits of any local area
offences. notified under section 3 commits any breach of any regula-
tion made or restrictions or prohibitions imposed under
section 4 or section 5 shall be punished with fine which may
extend to one hundred rupees or in default with imprison-
ment for a period not exceeding one month.
OF 1943] The Jamn'i and Kashmir Land Preservation Act, 194.3 95
19. No suit shall lie against the Government for anything Bar of suits
done under this Act and no suit shall lie against any public
servant for anything done or purporting to have been done
by him in good faith, or against any private individual for
anything done or purporting to have been done by him
in good faith under the orders of any such public servant,
under this Act.
20. (i) The Government may make rules consistent with Power u>
this Act make rules -
(a) regulating the procedure to be observed in any
inquiry or proceeding under this Act ; and
(b) generally for the purpose of carrying into effect
all or any of the provisions of this Act.
(2) All rules made under this section shall be published
in the Government Gazette and on the expiry of thirty days
from the date of such publication shall have the force of law .
THE BOMBAY KHAR LANDS ACT, 1948
(AMENDED BY BOM. 18 OF 1951)
Bombay Act No. LXXII of I948 1
An Act to provide for the protection and improve-
ment of khar lands and the reclamation of tidal
lands in the Province of Bombay by the construc-
tion and maintenance of embankments and for
certain other matters.
WHEREAS it is expedient to provide for the protection and
improvement of khar lands and the reclamation of tidal
lands in the Province of Bombay by the construction and
maintenance of embankments and for certain other matters ;
It is hereby enacted as follows :
Short title, i. (i) This Act may be called the Bombay Khar Lands
extent and Act, 1948.
commence- ^
ment - (2) It shall extend to the whole of the 2 [State] of Bombay.
(3) It shall come into force in such area and on such date
as the 2 [State] Government may, by notification in the
official Gazette, direct.
Definitions. 2. In this Act, unless there is anything repugnant in the
subject or context,
(a) "Board" means the Khar Lands Development
Board established under section 3;
(b) "Chairman" means the Chairman of the Board;
(c) "embankment" includes
(i) every bank, dam, wall and dyke made or used
for excluding water from, or retaining water
upon, any tidal or khar land or for excluding
salt water from entering into any adjoining
sweet water nallas;
(ii) every sluice, spur, groyne, training-wall, berm,
or other work annexed to, or portion of, any
such embankment ;
(Hi) every bank, dam, dyke, wall, groyne or spur
made, or erected for the protection of any such
embankment or of any tidal or khar land from
erosion or overflow by or of tides, waves or
waters; and
(iv) all buildings intended for inspection and super-
visions ;
1 For Statement of Objects and Reasons, see Bombay Governmsnt Gazette, 1948, Part V, p. 354.
8 The word "State" was substituted for the word "Province" by the Adaptation of Laws Order, 1950.
96
*** 3 94^] Bombay Khar Lands Act, 1948 97
(d) "khar land" means such tidal land as is made culti-
vable by protecting it by means of an embankment
from the sea or tidal river, and includes all such
land in whatever manner described, whether as
khar, khajan, kharepat, gazni or otherwise;
(e) "member" means a member of the Board;
(/) "prescribed" means prescribed by rules made under
this Act;
(g) "sea" includes bay, inlet, creek or an arm of the sea;
(K) "tidal land" means such parts of bed or shore of the
tidal water as are covered and uncovered by the
flow and ebb of the tide at ordinary spring tides
together with the adjoining bed or shore not exceed-
ing two furlongs in distance from the spring tide
mark;
(i) "tidal water" means any part of the sea or river
within the flow and ebb of the tide at ordinary
spring tides;
(j) "unit" means a unit formed by the Board under
sub-section (2) of section 11.
3. (i) As soon as may be after the commencement of this Establish-
-Act, the ' [State] Government shall establish the Khar *j Lan f
Lands Development Board. The Board shall consist of a Development
Chairman and of members as specified in sub-section (2). Board.
(2) The Board shall consist of three ex-officio members and
ight other members :
(a) The ex-officio members shall be :
(i) Secretary to the Government of Bombay, Revenue
Department;
() Secretary to the Government of Bombay, Agricul-
ture and Rural Development Department;
(Hi) Director of Agricultural Engineering, Bombay
Province.
(b) The other members shall be eight in number, two
each representing the Thana and the Kolaba dis-
tricts and one each representing the Surat, Broach,
Ratnagiri and Kanara districts.
(3) The members other than the ex-officio members shall be
-selected by the ' [State] Government from a panel of repre-
sentatives elected in the prescribed manner by the landlords
and tenants of lands in a unit :
Provided that the '[State] Government may, in estab-
lishing the Board for the first time immediately after the
coming into force of this Act, nominate the said eight members
in the same proportion to represent the said districts.
(4) The names of members selected or nominated under
sub-section (3) shall be published in the Official Gazette.
v (5) The members other than ex-officio members shall
possess such qualifications as may be prescribed.
1 The word "State" was Substituted for the word "Province" by the Adaptation of laws order, 1950.
98
Term of
office; va
Bombay Khar Lands Act, * 948 [ACT LXXJB
4. ( i ) The members other than ex-officio members shall
hold office for a period of three years from the date of the
publication of their names under sub-section (4) of section 3:
1 [Provided that such members of the Board established for
the first time immediately after the coming into force of this
Act shall in the first instance be appointed for a period of
one year, but shall be eligible for reappointment every year
for the total period not exceeding five years from the date
' of the establishment of the Board.]
(2) If any such member
(a) dies; or
(b) is absent from the meetings of the Board for more
than three consecutive meetings of the Board ; or
(c) leaves the 2 [State] of Bombay with the intention of
being absent therefrom for more than three conse-
cutive months; or
(d) resigns; or
(e) refuses to act or becomes incapable of acting, his
office shall thereupon become vacant.
(3) All casual vacancies among the members other than
the ex-officio members shall be filled up as soon as it conve-
niently may be by selection in the manner specified in sub-
section (3) of section 3 ; and the person selected to a casual
vacancy shall hold office so long as the member in whose
place he is selected would have held it if the vacancy had
not occurred.
(4) No act done by the Board shall be questioned on the
ground merely of the existence of any vacancy in, or any
defect in the constitution of the Board.
5. Notwithstanding anything contained in section 3 or 4,
if the landlords and tenants of lands in a unit fail to elect a
panel of representatives or if any of the representatives so
elected refuse to act as members, the 2 [State] Government
may nominate such persons as members who in its opinion
are suitable to represent the interest of landlords and tenants
in the said unit.
Power of
2[State]
Government
to nominate
members in
certain cir-
cumstances.
Incorpora- * Board constituted under section 3 shall be a body
tion of Board, corporate by the name of "The Khar Lands Development
Board" and shall have perpetual succession and a common
seal and may sue and be sued in its corporate name and
shall be competent to acquire and hold property both mov-
able and immovable and to contract and to do all things
necessary for the purposes of this Act.
Power of
Board to
make by-
laws.
1950-
7. (i) The Board may with the previous sanction of the
2 [State] Government make by-laws consistent with this
Act and the rules made thereunder for all or any of the
following matters :
(a) the manner in which its business shall be transacted ;
1 This proviso was substituted for the original by Bom. 18 of 1949, s. 2.
The word "State" was Substituted for the word Province by the Adaptation of laws order*
OF 1948] Bombay Khar Lands Act, 1948 9
(b) the definition of its power to enter into contracts^
which shall be binding on it and the manner in
which such contracts shall be executed;
(c) any other matter for which provision is required to
be made for the efficient discharge of its duties or
business.
(2) The Board may also make regulations for carrying
out the objects of a scheme which has come into force under
this Act.
8. 2 * The 3 [State] Government shall appoint a Chairman. Appointment
The Chairman so appointed shall hold office for a period of of 1# Ghair "
three years from the date of his appointment :
4 [Provided that the Chairman of the Board established
for the first time immediately after the coming into force
of this Act shall in the first instance be appointed for a period
of one year, but shall be eligible for reappointment every
year for the total period not exceeding five years from the
date of his appointment.]
9. (i) The 3 [State] Government may appoint 6 [the Appointment
Secretary and] such other officers and servants as may be of 5 * officers
required to enable the Board to discharge its functions and servanls -
under this Act.
(2) The Board may, with the previous sanction of the
3 [State] Government, consult such technical advisers, as
it thinks necessary for the purpose of carrying out the objects
of this Act and they shall be paid such remuneration as may
be determined by the Board with the previous sanction of
the 3 [State] Government.
(3) The officers and servants 7 [appointed under sub-
section (i)] shall be the servants of the 3 [State] Govern-
ment and they shall draw their pay and allowances from the
[State] revenues.
10. The Board shall pay every year out of its fund to the Board to
3 [State] Government such cost as the 3 [State] Government P a ^ costs on
may determine on account of the pay, pension, leave pa C U ensiorf
and other allowances of the officers and servants appointed etc.,' of " of-'
under this Act. ficers and
servants.
11. (i) It shall be the duty of the Board to promote Powers and
the development of khar* lands in the most efficient and duties of
economical manner. Board.
1 The words "and Secretary" were omitted by Bom. 18 of 1949, 8.3.
8 The brackets and figure "(i)" and sub-section (2) were omitted, ibid.
3 This proviso was substituted for the original, ibid.
4 The word "other" was omitted, ibid., s. 4.
5 These words were inserted, ibid.
6 This portion was inserted by Bom. 18 of 1949, s. 3.
7 The word "State" was substituted for the word "Provincial" by the Adaptation of laws order,
J950.
ioo Bombay Khar Lands Act, 1948 [ACT
(2) Without prejudice to the generality of the foregoing
power, the Board may
(a) cause survey to be made of all the khar and tidal
lands in the l [State] to which this Act applies ;
(b) prepare a list of
(?) all embankments,
(it) the lands benefited or to be protected by eachk
such embankment,
(Hi) the names of landlords and tenants of such lands;
(c) from units having regard to the contours of embank-
ments constructed or to be constructed for the
protection of lands and the homogeneity of the
plots of lands protected or to be protected thereby ;
(d) prepare schemes for the construction, maintenance
and preservation of embankments and other pres-
cribed objects;
(e) remove encroachments on inland waterways;
(f) superivse all work in connection with the better
cultivation of khar lands;
(g) reclaim tidal lands for the purpose of bringing them
under cultivation; and
(h) generally do all that is necessary for carrying out
the objects of the Act.
Power of
Board to
prepare
scheme.
12. (i) The Board may prepare a scheme for each unit
for the purpose of carrying out its duties under section 1 1 .
(2) A scheme prepared under sub-section (i) shall contain
the following particulars, namely :
(i) the objects of the scheme;
() the approximate area of the lands likely to be
included in or affected by the scheme;
(Hi) a plan showing the approximate area included in
or affected by the scheme;
(iv) the persons, including the 2 [Government], affected
by the scheme;
(v) the kind of embankment to be constructed or main-
tained under the scheme;
(vi) a detailed estimate of the cost of the scheme ;
(vii) such other particulars as may be prescribed.
13. (i) The scheme prepared under section 12 shall be
published in the Official Gazette and in the village and at the
headquarters of the taluka or mahal and of the district in
which the lands proposed to be included in the scheme are
situate.
(2) The Board shall, on publication of the scheme, require
all persons affected by the scheme who wish to make any
objections to the scheme or part thereof to submit their
1 The word -"tew?* was Substituted few <he worfl ^Province*' by the Adaptation of 'laws order, 1950,
2 The word "Government" was substituted for the word "Crown" by ibid.
Publication
of scheme.
OF 1948] Bombay Khar Lands Act, 1948 101
objections in writing to such person as the Board may autho-
rize in this behalf or appear before him within one month
of the publication of the scheme in the Official Gazette under
sub-section (i) or within fifteen days from the date of the
publication of the scheme in the village under sub-section ( i )
whichever period expires later.
14. (i) The person authorised under sub-section (2) of Report of
section 13 shall hear such objections as are made to him in authorised
person, consider all objections duly submitted under the P erson -
said sub-section (2) and submit his report together with the
objections to the Board.
(2) Such person may, while submitting his report under
sub-section (i), recommend any modifications which in his
opinion are required in any of the particulars contained in
the scheme prepared by the Board under section 12.
15. (i) After consideration of the objections and the Power of
report submitted to it under sub-section (i) of section 14, Jt s t a l e J
the Board shall within the period prescribed submit the ^^Sfon
draft scheme with any modifications which it may have scheme with
made therein together with the objections forwarded to it, or without
to the '[State] Government and shall at the same time modification,
apply for its sanction.
(2) After receiving such application and after making
such inquiry, as it may think fit, the '[State] Government
may within the period prescribed sanction the scheme with
or without modification and subject to such conditions as
it may think fit to impose or refuse to give sanction.
(3) If the scheme is sanctioned under sub-section (2)
it shall be published in the Official Gazette and in the village
and at the headquarteis of the taluka or mahal and of the
district in which the lands included in the scheme are situate.
(4) In considering the objections, the decision of the
Board on the question whether or not any land included in
the scheme, is benefited by, or will be protected under, the
scheme shall be conclusive evidence on the question.
16. On the date on which the scheme is published in the Effect of
Official Gazette under sub-section (3) of section 15 it shall scheme,
come into force and shall have effect as if it were enacted
in this Act.
17. After the scheme has come into force under section 16, Execution of
the Board shall execute the scheme in accordance with the scheme *
rules prescribed in that behalf.
18. For the purpose of carrying out the objects of the Power of
scheme which has come into force under section 16, the Board to
Board may make regulations requiring any person or class j na . ke re s u%>
of persons who in the opinion of the Board is or are interested atlons<
in or affected by the scheme or the public generally to take
certain action or to refrain from doing certain acts in respect
of any matters supplementary and incidental to the scheme.
Thword "S^fe" w^ aut^titod for ihfc w toyfhe AcTaiplfctibii rffeiv* order,
*95<>.
102 Bombay Khar Lands Act, 1948 [ACT LXXII
Committees ig. The Board shall appoint a Committee for each unit
for units. to e constituted in the prescribed manner and it shall be
the duty of the Committee so appointed to maintain and
repair embankments included in the unit to which the scheme
relates. The Committee shall exercise such powers and
perform such other duties as the Board may determine.
Acquisition of 2O< jf at an y ti me? on an application of the Board, it
'merest !. appears to the x [State] Government that any land or the
right or interest of any person in any land should for the
purposes of any scheme under the Act be compulsorily
acquired, it shall be lawful for the l [State] Government
to publish a notification to that effect in the Official Gazette.
The notification so published shall be deemed to be a decla-
ration under section 6 of the Land Acquisition Act, 1894, I of 1894.
and shall be conclusive as if it was made under the said
provision and the land, right or interest in the land shall be
deemed to be needed for a public purpose within the meaning
of the said Act. On the publication of the notification, the
Collector shall proceed to take order for the acquisition of the
land, right or interest, as the case may be, and the provisions of
the said Act shall mutatis mutandis apply to the determination
of the amount of compensation, the apportionment of the
compensation and other matters relating to the acquisition
of the said land, right or interest. The [State] Govern-
ment may make rules in all matters connected with the
enforcement of the said provisions in so far as they are appli-
cable to the acquisition of such land, right or interest ;
Provided that where any land which is acquired has
remained fallow for three successive years immediately
preceding the date of the notification, the market value of
such land shall not be assessed to be more than twice the
amount of annual assessment payable in respect thereof.
Claim for 21. Subject to the provisions of section 23, whenever any
compensation i anc j other than land acquired for the purposes of this Act
quenti a r n da-" Or an ^ ri & ht of fishei T> ri S ht of drainage, right of the use of
mage. water or other right of property shall have been injuriously
affected by any act done, or any scheme executed, under the
provisions of this Act, the person in whom such property
or right is vested may prefer a claim in writing to the Collector
for compensation and thereupon the provisions of the Land
Acquisition Act, 1894, shall, so far as may be, mutatis mutandis, i O f 1894.
apply for the determination of the compensation, apportion-
ment and payment thereof.
Limitation 22. No claim under section 2 1 shall be entertained if it is
to claim for mac j e j ater t h an two vears nex t after the completion of the
work by which such right is injuriously affected.
No c m * w kich, before the commencement of this
mpe Act, has been used for the purpose of obtaining earth or
certain cases other materials for the construction or repair of any embank-
fortheuseor rnent shall be deemed to be at the disposal of the Board
^rth 1 f ^ or suc ^ P ur P ose without payment of compensation for the
use or removal of such earth or other materials.
1 The word "State" was substituted for the word "Provincial" by the Adaptation of laws order,
1950.
OF 1948] Bombay Khar Lands Act> 1948 103
24. ( i ) Notwithstanding any custom, usage, law or contract Power of
to the contrary no person shall fish or exercise the right of Bo 1 ard u l r "
n u x-j i 1 1_ i j i_- L i_ gulate fish-
fishery in any water on any tidal or khar land to which the f ng r i g h ts .
provisions of this Act apply except under a licence granted
by the Board in this behalf.
(2) The licence granted under sub-section (i) shall be
granted on the payment of such fees and subject to such
restrictions and on such conditions and shall be in such
form and contain such particulars as may be prescribed.
25. ( i ) The cost of the scheme which has come into force Contribution
under section 16 shall be met by a contribution by the towards cost
3 [State] Government and the landlords and tenants in the emr *
piupomon specified in sub-section (2).
(2) The i [State] Government may contribute 40 pei
cent, of the cost and the landlords and tenants shall respec-
tively contribute 40 per cent, and 20 per cent, of such cost :
Provided that in any case where any land included in the
scheme has not been leased to a tenant, the contribution to
be borne by the o\\ner of the land shall be Go per cent, of
such cost :
Provided further that the 1 [State] Government may
prescribe by rules made in this behalf the manner in which
the contribution of 20 per cent, may be levied from tenants
and to the extent of the same percentage from owners in lieu
of cash payment.
26. The landlords and tenants of lands who are not able App'iraiion
to pay their share of the contribution towards the cost of the f r lojn -
scheme under section 25 may within the prescribed period
make an application to the '[Staie] Government for the
grant of a loan for the purpose of paying their share of such
contribution.
27. When an application for a loan is made under section P wrr f > f
2P, the '[State] Government may rart the loan in accor ^- ciwernmcnr
ance \vith the rules from time to time made in this behalf. to g rant
loans.
28. Every loan made in accordance with such rulet, all Recovery of
interest (if any) chargeable thereon <nd the costs (\f ; i ny) loans -
incuired in making or recovering the sirne shall, when
they become due, be recoverable from the person to J
whom the loan was made, or from any person who has become
surety for the repayment thereof, as if thev were arrears of
land revenue or costs incurred in recovering the same due
, by the person to whom the loan was made or by his surety.
29. When a loan is granted under section 27 to persons Li Mlit\ of
on such terms that all of them are jointly and severally i ()lnt * >or
bound to the ! [State] Government for the payment of n as
the whole amount payable in respect thereof, and a statement themselves,
showing the portion of that amount which as among them-
selves each is bound to contribute is entered upon the order
granting the loan and is signed, marked or scaled by each
of them or his agent duly authorized in this behalf and by
i The word "State '' was substituted for the vvjrd * Provincial" by the AdaptaMon of laws order 1950*
104
Forfeiture of
lease of land
for failure to
pay contri-
bution.
Levy of an-
nual con-
tribution.
Presentation
of budget
estimates.
Restriction
on unbudget-
ed expendi-
ture.
Cuitody and
disbursement
of monies.
Provisions for
audit,
Bombay Khar Lands Act, 1948 [ACT LXXII
the officer making the order, that statement shall be conclu-
sive evidence of the portion of that amount which as among
themselves each of those persons is bound to contribute.
30. If any person holding any land on lease from the
i [State] Government fails to pay his share of the contri-
bution under section 25 in respect of such land, within such
time as the J [State] Government may fix to the '[State]
Government, the Collector may dispose of the land in accord-
ance with the rules made in this behalf under section 46.
Such lease shall be determined by forfeiture to the x [State]
Government, notwithstanding anything contained in any
law for the time being in force and unless the Collector
otherwise directs, be freed from all rights, incumbrances
and equities theretofore, created in favour of any person
other than the 2 [Government] in respect of such land.
31. (i) All landlords and tenants and all owners of lands
benefited or protected by embankments included in a scheme
under this Act shall pay to the Board an annual contribution
which shall be levied and paid in such manner and at such
rate and subject to such conditions, if any, as may be pres-
cribed.
(2) The decision of the Board on the question whether
any land is benefited or protected by an embankment under
this Act shall be conclusive evidence on such question.
32. The budget estimates of the Board for each financial
year shall be presented to the Board before the ist day of
March in the preceding financial year by the Chairman
and the budget as finally passed shall be subject to the
approval of the ' [State] Government which shall have
power to reduce any item in the estimates of expenditure
and to restore any provision which it considers to be essential
for the safe and efficient conduct of the business of the Board.
33. (i) Save where in the opinion of the Board circum-
stances of extreme urgency have arisen, no sum exceeding
Rs. 25,000 shall be expended by the Board unless such sum
has been included in the budget approved by the r [State]
Government under section 32.
(2) Where any such sum is expended under circum-
stances of extreme urgency a report thereon shall be made as
soon as practicable to the l [State] Government.
34. (i) All monies received by the Board shall be credited
into a separate account maintained for the, purpose in the
Government Treasury.
(2) All funds for disbursement shall be drawn by means
of cheques which shall be signed by the Chairman of the '
Board or such other member of the Board as the Chairman
may, with the approval of the Board, authorize in this behalf.
35. The accounts of the Board shall be maintained in
such form and shall be subject to such audit, by such agency
and on such terms and conditions as the l [State] Govern-
ment may prescribe.
ibid.
' The word "Government" was substituted for the word "Grown" by ibid.
OF 1948] Bombay K/iar LfKds Act, 1948 105
36. The Board shall furnish each financial year to the S u p p ly of
i [State] Government a copy of its budget and of thefP lcs , f
accounts of the preceding financial year. accounts. "*
37. ( i ) The Board shall have its own fund and the follow- Fund,
ing monies shall be placed to the credit thereof
(a) the fees received under section 24;
(b) all contributions paid to the Board under section 25;
and
(c) seventy-five per cent, of the annual contributions
paid to the Board under section 31.
(2) The balances of the fund and the interest accruing
thereon shall be expended by the Board in such manner
and for such purposes as may be prescribed.
38. The Board shall have also a sinking fund to which Sinking fund,
shall be credited twenty-five per cent, of the annual contri-
butions paid to the Board under section 31. The Board
may apply the sinking fund to the repair of breaches in
embankments included in a scheme caused by tempest,
flood or other irresistible force and to such other purposes
as may be prescribed.
39. Any person who contravenes or causes any contraven- Penalty,
tion of any of the provisions of a scheme which has come
into force under section 16 or any of the regulations made
under section 18 or does any act which causes damage to
any of the works carried out under the scheme or obstructs
any person in the due exercise of his powers or execution of
his duties under this Act or contravenes the provisions of
any rules made, or fails to comply with the conditions of a
licence granted, under this Act, shall, on conviction, be
punishable with imprisonment for a term which may extend
to one month or with fine which may extend to fifty rupees or
with both.
40. Save as otherwise expressly provided in section 30, Recovery of
all amounts due under this Act shall be recoverable as amounts due.
arrears of land revenue.
41. For the purpose of preparing, sanctioning or executing Right of en-
any scheme or otherwise for carrying out the objects of thi try.
Act, any person duly authorized by the Board or the Com-
mittee appointed by the Board under this Act may, after
giving such notice as may be prescribed, to the owner or
occupier or other person interested in any land enter upon,
survey and mark out such land and do all acts necessary
for such purposes.
42. (i) The person authorized under sub-section (2) of Inquiries to
section 1 3 shall, if iie desires to make any inquiry, make the D e h? lc i
inquiry in the manner provided for holding a summary summaril y-
Bom. V of inquiry under the Bombay Land Revenue Code, 1879, and
1879. all the provisions contained in the said Code relating to the
holding of a summary inquiry shall, so far as may be, apply.
* The word "State" was substituted for the word "Provincial** by ibid.
io6 Bombay A'Har Lands Act, 1948 [ACT LXXII
(2) Such person as well as the Board shall have the same
powers for summoning and enforcing the attendance of any
person and examining him on oath and compelling the
production of documents as are vested in the revenue officers Rom v ^
under the Bombay Land Revenue Code, 1879. ,8 79 ".
Regulation 43. (i) Nothing in the Indian Registration Act, 1 908, x VI of i notf.
of document. sna i| j^ deemed to require the registration of any document,
plan or map , i i * * -*i
in connect ion P* an or map prepared, made or sanction in connection with
with scheme a scheme which has come into force.
>o required. ^ AU such documents, plans and maps shall for the pur-
poses of sections 48 and 49 of the Indian Registration Act, 1908 XVI or 1901*
be deemed to he registered in accordance with the provisions
of that Act : .
Provided that documents, plans and maps relating to the
sanctioned scheme shall be accessible to the public in the
manner prescribed.
Certain p</ 44- The Chairman, members and Secretary of the Board,
sons to hr the members of any committee or officers appointed by the
public serv- Board and the person authorized under sub-section (2) of
ants * section 13 shall be deemed to be public servants within the
meaning of the Indian Penal Code. XLVof i8fi
Protection of 45- (0 No suit, prosecution or other legal proceedings
persons act- shall be instituted against any public servant or person duly
ing in good authorized under this Act in respect of anything in good
^ a ' llu faith done or intended to be done under this Act or the rules
or regulations made thereunder.
(2) No suit or prosecution shall be instituted against any
public servant or person duly authorized under this Act in
respect of anything done or intended to be done under this
Act, unless the suit or prosecution has been instituted within
six months from the date of the act complained of.
Rules. ^5. (j) r Y\\? '[State] Government may, by notification
in the Official Gaylte, make rules for the purpose of carrying
into effect the provisions of this Act.
(2) In particular and without prejudice to the generality
of the foregoing power such rules may provide for all or any
of the following matters :
(a) the manner of electing panel of representatives by
f landlords and tenants of a unit under sub-section (3),
and the qualifications to be possessed by non-official
members of the Board under sub-section (5), of
section 3;
(h) the other objects for which a scheme may be prepared
by the Board under clause (d) of sub-section (2) of
section 1 1 ;
(r) the other particulars to be prescribed under clause
(vii) of sub-section (2) of section 12;
(d) the period within which the Board shall submit
the draft scheme, and the period within which the
'[State] Government may sanction the draft
scheme, under section i^;
OF 1948] Bombay Khar Lands Act. 1948 107
(e) execution of a scheme under section 1 7 ;
(j) the manner of constituting a committee for each
unit under section 19;
(g) matters connected with the acquisition of land,
right or interest under section 20;
(h) the fees for the grant of a licence, the restrictions
subject to which and the conditions on which a
licence shall be granted, the form of the licence
and the particulars to be contained therein, under
section 24;
(i) the manner in which the contribution of 20 per cent,
may be le\ ied from tenants and to the extent of the
same percentage from ov\nors in lieu of cash pay-
ment under section 25;
(j) the period within which an application for a loan
may be made under section 26;
(k) grant of a loan under section 27;
{/) disposal of land under section 30;
(w) the manner in which, the rate at which and the
conditions subject to which the annual contribution
shall be levied and paid under sub-section (i) of
section 3 1 ;
() the form of accounts to be maintained, the agency
of audit and the terms and conditions of audit,
under section 35;
(o) the manner in which and the purposes for which
balances of the fund and the interest accruing
thereon shall be expended under sub-section (2)
of section 37;
{/>) the other purposes for which sinking fund may be
applied under section 38;
(q) the notice to be given under section 4 1 ;
(r) the manner in which the documents, plans and
maps relating to the sanctioned scheme shall be
accessible to the public under the proviso to sub-
section (2) of section 43 ;
(s) any other matter which is or may be prescribed
under this Act.
(3) All rules made under this section shall be subject to ihe
condition of previous publication.
Short titl-,
extent and
commence-
ment.
Definitions.
195
THE MADRAS LAND IMPROVEMENTS
SCHEME (CONTOUR BUNDING AND
CONTOUR TRENCHING) ACT, 1949
Madras Act No. XXII of 1949
An Act to provide for the preparation and execution
of land improvement schemes in the 'Province
of Madras including contour bunding and contour
trenching schemes.
WHEREAS it is expedient to provide for the preparation and
execution of land improvement schemes, in the Province
of Madras, including contour bunding and contour trenching
schemes; It is hereby enacted as follows :
1. (i) This Act may be called the Madras Land Improve-
ment Schemes (Contour Bunding and Contour Trenching^
Act, 1949.
(2) It extends to the whole of the ! [State] of Madras.
(3) This section shall come into force at once; and the
remaining provisions of this Act shall come into force in such
areas and on such dates as the Government may by notifica-
tion in the Fort St. George Gazette, appoint.
2. In this Act, unless there is anything repugnant in the
subject or context,
(a) "Board" means the Board of Revenue and \vhere
the Government, by notification in the Fort
St. George Gazette empower any other authority
or officer to perform the functions of the Board
under this Act, means such other authority or
officer ;
(b) "Collector" means the Collector of the district;
(c) "Executing Officer" means an officer appointed
under section 8 ;
(d) "Government " means the 2 [State] Government;
(e) "Inquiring Officer" means an officer appointed
under section 5 (2) (b) ;
(/) "owner" means
(i) any person holding land in severally or jointly or
in common under a ryotwari settlement or in any
way subject to the payment of revenue direct to
the Government, or
(it) a landholder as defined in the Madras Estates Madras Act
Land Act, 1908, or a ryot as defined in that Act, or I of 1908,
(iii] an inamdar, net being a landholder defined as
aforesaid, or
1 The word "State" was substituted for the word "Province" by the Adaptation of laws order
The word "State" was substituted foi the word 'Provincial' by ibid.
1 08
The Madras Land Improvements Scheme (Contour Bunding 109 ,
and Contour Trenching) Act, 1949
Madras Act (^) a landlord as defined in the Malabar Tenancy
XIV of 1930. Ac ^ I929j Qr a tenant as defined in that Act,
and includes a mortgagee with possession, a lessee
or a sub-lessee;
(g) "prescribed" means prescribed by rules made under
this Act;
(h) "record of rights 1 ' or "record" means the record
of rights arid liabilities published under section 13;
(z) "scheme" means any land improvement scheme,
prepared under this Act including a contour bunding
and contour trenching scheme;
(j) "work" means any work carried out or to be carried
out under any scheme.
3 The Government may direct the Board to prepare Power of
detailed plans and estimates for a scheme in respect of any re ^ " B oar d
area. to prepare
draft scheme
in respect of
specified
area.
4. ( i ) The Board shall thereupon appoint an officer to p reparat ion
prepare, in accordance with its instructions, a draft scheme f draft
setting out scheme.
(a) the objects of the scheme;
(b) the boundaries and approximate area of the lands
to be included in the scheme;
(r) the persons, including the Government, who will
be affected by the scheme;
(d) the works, if any, to be carried out under the scheme;
(e) such other particulars as may be prescribed.
(2) The draft scheme so prepared shall be submitted to the
Board which may approve it either with or without modifica-
tions or may reject it and prepare, or cause to be prepared,
a fresh scheme in lieu thereof.
5. (i) Copies of the scheme as approved or prepared or PublicatiDti
caused to be prepared by the Board, together with the con- of d raft
nected maps and plans, if any, shall be forwarded to the
Collector and shall be made available by him for inspection
by the public free of charge in every village, and at the
headquarters of the taluk, in which the lands proposed to be
included in the scheme are situated, at such places as the
Collector may direct.
(2) A general notice shall be published in the District
Gazette and also in such newspapers, if any, circulating in
the locality as the Collector may direct
(a) intimating that the scheme has been prepared and
that copies thereof have been kept and may be
inspected by the public free of charge at the places
aforesaid and also that copies of the scheme may be
obtained on payment of the cost theieof (which
shall be specified in the notice) from the Collector
or the x Tahsildar and also from any other officer
specified in the notice ;
no The Madras Land Improvements Scheme (Contour Bunding [ACT xxn
and Contour Trenching] Act, 1949
(t>) requiring all persons affected by the scheme who
wish to object 10 it or to any part thereof, to submit
their objections in writing to an officer appointed by
the Board in that behalf, or to appear before him and
state their objections, within thirty days of the publi-
cation of the notice.
(%) Separate notices to the same effect shall also be served
in the prescribed manner on all owners of the lands affected
by the scheme and on all persons shown in the village records
as interested in such lands, so far as such service may be
practicable.
Inquiring 6. The Inquiring Officer shall inquire into the objections
Offic <j r received or recorded by him and submit them to the Board
jections and to g etn er with his report thereon and his recommendations,
submit report if any, for the modification of the scheme.
to Board.
Power of 7. (i) After considering the objections and the report
Board to and recommendations of the Inquiring Officer and ariv
sanction or f ur t ner report which the Board may require from him, the
reject scheme. r> i 7 l
J Board may
(a) sanction the scheme with or without modifications; or
(b) reject the scheme, and direct that, in lieu thtreof,
a fresh scheme be prepared and submitted for its
sanction.
(2) If the scheme is sanctioned by the Board, the scheme
as sanctioned shall be published in the District Gazette and
also in every village, and at the headquarters of the taluk, in
which the lands included in the scheme are situated, at such
places and in such manner as the Collector may direct.
Copies of the scheme shall also be sold at the offices of the
Collector and of the Tahsildar and at such other offices as
the Collector may specify in this behalf.
(3) The scheme shall come into force and shall have
effect as if it were enacted in this Art, cm and from the date
of its publication in the District Gazette.
F,xecuiion O f 8. When a scheme comes into force, the Board shall
scheme. appoint an officer to execute it.
Liability of 9* ( ! ) The owner of any land in which any works are
owner to carried out by the Government in pursuance of the scheme
carry out shall pay the cost or part of the cost of such works, if the
works. scheme so provides.
(2) If any owner desires to carry out any of the said works
himself, he shall give notice in writing to that effect in the
prescribed manner to the Executing Officer within twenty-one
days of the publication of the scheme in the District Gazette.
(3) The Executing Officer shall thereupon fix the date
before which the owner shall carry out the works specified
by him and inform him, by notice given in the prescribed
manner, of such date and of the details of the works to be
carried out.
OF 1 949] The Madras Land Improvements Scheme (Contour Bunding 1 1 r
and Contour Trenching) Act. 1949
(4) If any work is not carried out to the satisfaction of the
Executing Officer before the date fixed in that behalf, or
within such further time as he may allow, or if the owner
intimates to the Executing Officer in writing that he is unable
to carry out any work before the date or within the time
aforesaid, the Executing Officer may cause the work to be
carried out and recover the expenses from the owner.
(5) Any amount payable under sub-section (i) or sub-
section (4) shall, at the option of the person liable to pay it,
be paid either in a lump sum or with interest at such rate as
may be prescribed, in equated annual instalments not exceed-
ing twenty in number :
Provided that where a person who elects to pay in instal-
ments, commits default in the payment of any instalment,
the entire unpaid balance shall become immediately payable.
10. In land owned by the Government, all works shall Works in
be carried out by, or under the authoiity of, the depart- Government
ment having the control or management of the land, unless ]ands -
the Board directs the Executing Officer to carry out the
works himself.
n. (i) If in consequence of any work carried out in any Contribution
land, any person (including the Government) other than the to cost nf
owner of the land is, in the opinion of the Board, likely to be wor ^ s -
benefited, such person shall pay to the owner of the land, by
way of contribution, such amount and within such time as
the Board may determine :
Provided that, before any person is required to pay any
such contribution, he shall be given a reasonable opportunity
of making his lepresentations, if any, in regard to the matter :
Provided further that the Board may, in its discretion,
permit any such contribution to be paid with interest at such
rate as it may determine in equated annual instalments not
exceeding twenty in number :
Provided also that any such contribution may be waived
by the Government in whole or in part, in respect of any
work carried out in land owned by them.
(2) If default is made in the payment of any such contri-
bution or of any instalment thereof, as the case may be,
within the time determined in that behalf in pursuance of
sub-section (i), the contribution or where payment is made
in instalments, the entire unpaid balance (which shall be
deemed to have become payable immediately on the occur-
rence of the default) shall be recovered by the Board and
paid to the owner.
12. The assessment on any land shall not be reduced Assessment
merely on the ground that the unprofitable area therein not to be
has increased as the result of any work, notwithstanding re " ucecj<
anything to the contrary in any orders issued by the Govern-
ment or the Board of Revenue.
112
Record of
rights and
liabilities.
The Madras Land Improvements Scheme (Contour Bunding
and Contour Trenching) Act, 1949
13. (i) The Executing Officer shall prepare, in the pre-
scribed manner, a record of rights and liabilities setting out
(a) the names of the owners of the lands included in
the scheme;
(b) a map and plan, if any, showing the situation, nature
and dimensions of all works ;
(c) in regard to each such work, the owner or owners
liable to maintain and repair it, and the extent of
the liability of each such owner;
(d) the rights, if any, of the owners or any of them in
regard to the use of any such work ;
(e) such other particulars as may be prescribed.
(2) If, on any matter which is not cove *ed by the scheme,
a dispute exists which, in the opinion of the Executing Officer,
it is necessary to decide for the purpose of preparing the
record, he shall inquire into and decide the dispute.
(3) After the record has been so prepared, a notice shall
be published in the prescribed manner, in the language of
the district, intimating that the record has been prepared
and that copies thereof in the said language are kept and
may be inspected at such places as may be specified in the
notice, provided that there shall be at least one such place
in every village, and at the headquarters of the taluk, in
which the lands to which the record relates are situated.
(4) Against any entry in the record so published, an appeal
shall lie to the Collector within two months from the date of
publication of the notice referred to in sub-section (3).
(5) The Collector mav also revise the record from time to
time, subject to such rules as may be prescribed, and when-
ever the record is so revised, notice shall be given of the fact
of such revision in the prescribed manner, and the record
kept at each of the places referred to in sub-section (3) shall
also be revised accordingly.
(6) Every entry in the record shall be evidence of the
matter referred to in such entry, and shall be presumed to be
correct until the contrary is proved or until a new entry is
lawfully substituted therefor.
(7) In any suit or proceeding in which the correctness
of any entry in the record is called in question, whether
directly or indirectly, the Court shall, before the final settle-
ment of issues in the case of a suit and at as early a stage as
possible in the case of any other proceeding, give notice of the
suit or proceeding to the Collector, and shall make the
1 [State] of Madras a party to the suit or proceeding, if moved
to do so by the Collector.
Obligation *4 (i) Every owner of land who is bound to maintain
of owners of or repair any work in accordance with the entries in the
lands to rec ord shall do so to the satisfaction of the Collector, and
all repairs shall be executed within such time as he may fix
or such further time as he may allow. ^^
[ACT xxn
maintain
and repair
works.
The word "State" was substituted for the word "Province" by the ibid.
OF 1949] The Madras Land Improvements Scheme (Contour Bunding 113
and Contour Trenching) Act, 1949
(2) If any owner fails so to maintain or repair the work,
ihe Collector may
(a) authorize any other person who, in his opinion,
is interested in such maintenance or repair, or any
officer appointed by the Government in this behalf,
to maintain or repair the work; and
(b} recover the expenses incurred by such person
or officer from the owner and pay the same to
such person or to the Government, as the case
may be.
(3) Any dispute as to the amount of the expenses shall
be decided by the Collector, and his decision shall be final.
15. Any of the following officers or persons may after Powers of
giving such notice as may be prescribed to the occupier of ^j^ etc *'
any land, and if the occupier is not the owner also to the
owner in all cases where it is practicable to give notice
without undue delay to the owner, enter upon, survey and
demarcate such land and do ail such other acts as may be
necessary for the purpose of preparing, inquiring into, or
executing any scheme or of preparing any record of rights
(a) The officer appointed by the Board under section 4.
(b) The Inquiring Officer.
(c) The Executing Officer.
(d) Any officer or person authorized by the Board, the
Collector, or any of the officers referred to in clauses
(fl), (b) and ( c }.
16. All amounts payable to, or recoverable by, the Govern- Amounts to
ment, the Board, or any officer of the Government, under be recovered
this Act may be recovered as if they were arrears of land j^ n ? rears ot
revenue. an rcvenue *
17. Any authority having power to make an inquiry Inquiries to
under this Act shall make the inquiry in the manner provided be Md sum-
Madras Act i n the Madras Revenue Inquiries Act, 1893, and shall have manl y-
V of 1893. all the powers which are or may be vested in revenue officers
by that Act and by the Madras Revenue Summonses Act,
1869.
Madras Act
III of 1869.
Central Act *^" ^ Nothing ^ n tne Indian Registration Act, 1908, Provisions in
XVI of 1908. shall be deemed to require the registration of any record, respect of re-
document, plan, or map prepared, made or sanctioned in cor " s docu-
--.I uu-uu *. r j ments, pJans
connexion with a scheme which has come into force; and or maps con ^
all such records, documents, plans and maps shall, for the nected with
purposes of sections ^8, 49 and 50 of that Act, be deemed to sanctioned
have been duly icgistered in accordance with its provisions. scheme *
(2) Subject to such rules, and to the previous payment
of such fees, as may be prescribed
(a) all such records, documents, plans and maps shall
- be open to the inspection of any person applying
for such inspection: and
1 14 The Madras Land Improvement (Contour Bunding [ACT XXH OF 1949]
and Contour Trenching) Act, 1949
(b) copies of such records, documents, plans and maps
shall be given to any person applying for such copies.
De Jegat a'o 19. Subject to such rules as may be prescribed, the Collec-
of powers by tor ma y delegate any of the powers conferred on him by or
' rctor * under this Art, to any officer in the district or having juris-
diction over the district or any part thereof.
Certain ofTi- 20. All officers and persons authorized or appointed in
c ^ lic to J* pursuance of sections 4, 5, 8, 14 and 15 shall be deemed to be
vants S F public servants for the purposes of this Act and the Indian
Penal Code.
Bar of cer- 21. (i) No suit or other proceeding shall lie against the Ccnti.il Act
tain <uits, Government for any act done or purporting to be done XLVof
prosecutions, under ^ Aa Qr any ^ made thereunder
(2) (fl) No suit, prosecution or other proceeding shall
lie against any officer or servant of the Government or any
public servant for any act done or purporting to be done
under this Act. or any rule made thereunder, without the
previous sanction of the Government.
(b) No officer or servant of the Government, and no
public servant, shall be liable in respect of any such act in
any civil or criminal proceeding, if the act was done in good
faith and in the c ourse of the execution of the duties or the
discharge of the functions imposed by or under this Act.
Limitation 2 2. No suit, prosecution or other proceeding shall be
Imts Cri "and i ns ti tute d against any officer or servant of the Government
prosfcutions. or an Y public- servant for any act done or purporting to be
done under this Act, after the expiry of one year from the
date of the act complained of.
to
2 ^ (j) Th e Government may, by notification published
ma e ru es. .^ ^ ^^ ^ Q eor g e Qa^ette^ make rules to carry out the
purposes of this Ac t.
(2; In particular and without prejudice to the generality
of the foregoing power, such rules may provide for
(a) all matters expressly required or allowed by this
Act to be prescribed ;
(b) the manner in which publicity shall be given to
the appointment of the officer referred to in section
4, sub-section (i) ;
(c} the time within which any amount due under section
9, sub-section (i) or sub-section (4), shall be
payable; the manner in which such amount shall
be apportioned where there are two or more owners
in respect of the same land; and the time within
which, and the authority or officer to whom, any
option exercised in pursuance of section 9, sub-
section (5), shall be intimated; and
(d) any other matter for which there is no provision or
no sufficient provision in this Act and for which
provision is, in the opinion of the Government
necessary A or giving effect to the purposes of this Act.
(3) The power to make rules conferred by this section
shall, except on the first occasion of the exercise thereof, be
subject to the condition of previous publication.
THE BOMBAY IRRIGATION ACT, 1879' (AS
AMENDED UPTO 1950)
Bombay Act No. VII of 1879'
An Act to provide for Irrigation in the Bombay
Presidency
WHEREAS it is necessary to make provision for the con- Pi ramble.
struction, maintenance and regulation of canals, for the
supply of water therefrom and for the levy of rates for water
so supplied, in the Bombay Presidents; It is enacted as
follows :
PART I
PRELIMINARY
1. This A( t may be called the Bombay Irrigation Act, short title.
1879.
it extends to the whole of the 2 [ Stale] of Bombay, Local extent,
except the city of Bombay.
2. [ The amendments made by s. 2 of this Act have been incorpo-
rated in the Bombay Land Revenue (ode, 1879.]
3. In this Act, unless there be something repugnant in imc-rprna
the subject or context, uon clause.
(i) "canal" includes
(a) all canals, channels, pipes and reservoirs constructed,
maintained or controlled by 3 fany Ciovernment]
for the supply or storage of water ;
(b) all works, embankments, structures and supply
and escape-channels connected w'th such canals,
channels, pipes or reservoirs, and all roads con-
structed, for the purpose of facilitating the con-
struction or maintenance of such canals, channels,
pipes" or reservoirs ;
(c) <J1 water-courses, drainage-works and flood embank-
ments as hereinafter respectively defined ;
(d) any part of a river, stream, lake, natural collection of
water or nati ir *al drainage-channel, to which the
1 For Statement of Objects and Reasons, see tiombiy Government CZ izttt\ 1^78. Pt. V, p. 126;
01 Ueport of the Select Committee, see ibtd., 1870, Pt. V, p 83, and f >r Proceedings in Council,
\et ibid., 1879, Pt. V, pp. 3, 1 15 and 151.
2 Substituted by the Adaptation of Laws Ordsr IQ^O.
> The words "any Government" were substituted for the word ''Government*' by tlu
dfcf tat ion nf Indian Laws Order m Council.
"5
1 16 Bombay Irrigation 4ct, 1879 [ AGT
1 [State Government] may apply the provisions
of section 5, or of which the water has been applied
or used before the passing of this Act for the purpose
of any existing canal ;
(e) all land belonging to 2 [the Government] which is
situate on a bank of any canal as hereinbefore defined,
and which has been appropriated under the orders
of 3 [any Government] for the purpose of such canal;
(2) " water-course" means any channel or pipe not main-
tained at the cost of 4 [the 1 [State] Government] , which is
supplied with water from a canal, and includes all subsidiary
works connected with any such channel or pipe, except
the sluice or outlet through which water is supplied from a
canal to such channel or pipe ;
(3) "drainage- work" means any work in connection with
a system of irrigation or reclamation made or improved by
3 [any Government] for the purpose of the drainage of the
country, whether under the provisions of sectiqn 1 5 or other-
wise, and includes escape-channels from a canal, dams,
weirs, embankments, sluices, groins and other works con-
nected therewith, but does not include works for the removal
of sewage from towns ;
(4) "flood-embankment" means any embankment con-
structed or maintained by 3[any Government] in connection
with any system of irrigation or reclamation-works for the
protection of lands from inundation or which may be declared
by the 1 [State Government] to be maintained in connec-
tion with any such system, and includes all groins, spurs,
dams and other protective works connected with such em-
bankments ;
(5) "Collector" 5 * * * * includes any officer ap-
pointed by the l [State Government] to exercise all or
any of the powers of a Collector under this Act ;
(6) "Canal-officer" means any officer lawfully appointed
or invested with powers under section 4;
6 [(6A) "Lands under irrigable command of a canal" means
such lands as are irrigated or capable of being irrigated
from the canal being under its command and shall include
also such lands as are or shall be deemed to be irrigated
within the meaning of section 48.]
(7) "owner" includes every person having a joint interest
in the ownership of the thing .specified; and all rights and
obligations which attach to an owner under the provisions
1 The words "State Government" were substituted for the word "Provincial Government*
by the Adaptation of Laws Order 1950.
2 The words "the Government" were substituted for the word the "Crown", ibid.
8 The words "any Government" were substitued for the word "Government", ibid.
* The words "the Provincial Government" were substituted for the word "Government", ibid.
5 The words "means the head revenue officer of a district and" were repealed by the
Bombay General Glauses Act, 1886, (Bom. 3 of 1886), Schedule B. This Schedule is printed as
an Appendix to the Bombay General Clauses Act, 1904 (Bom. i of 1904).
* Clause (6A) was inserted by Bombay Act 59 of 1950.
OF 1879] Bombay Irrigation Act, 1879 117
of this Act shall attach jointly and severally to every person
having such joint interest in the ownership.
4. ifThe State Government] or, subject to such orders Appointment
as may from time to time be passed by x [the State
Government], any 2 [servant of the Government] whom the
1 [State Government] empowers in this behalf, may
(a) appoint 3 such officers with such designations, and
assign to them respectively such powers and duties,
under this Act, as a [the State Government]
or such officer may deem fit;
(b) invest 3 any 4 [servant of the Government], in any
department, either personally, or in right of his
office, or any other person, .with such powers, and
impose upon him such duties, under this Act, as
x [tne State Government] or such officer may deem
fit :
Provided that any assignment of, or investment Proviso,
with, powers or duties made under this section may at
any time be cancelled or varied by the authority who
made it.
PART II
OF THE CONSTRUCTION AND MAINTENANCE OF CANALS
Application of Water for purposes of Canals
5. Whenever it appears expedient to the 5 [State Not if lcat j on
Government] that the water of any river or stream flowing w hen water
in a natural channel, or of any lake or any other natural supply to be
collection of still water, should be applied or used by 6 [the applied for
State Government] for the purpose of any existing or * 868
projected canal, the 5 [State Government] may, by
notification in the '[Official Gazette], 8 declare that the said
water will be so applied or used after a day to be named
in the said notification, not being earlier than three months
from the date thereof.
1 The words "the State Government" were substituted for the word "the Provincial
Government" by the Adaptation of Laws Order 1950.
a The words "servant of the Government" were substituted for the words "servant of the
Crown", ibid.
The words "Provincial Government" were substituted for the words "Governor in Council",
ibid.
4 For notification issued under this section, see Bombay Local Rules and Orders.
5 The words "servant of the Government" were substituted for the words "servant of the
Crown" by the Adaptation of Laws Order 1950.
6 The words "the State Government" were substituted for the words "the Provincial Govern-
ment", ibid.
7 The words "Official Gazette" were substituted for the words "Bombay Govfrnmcnt Gazette",
ibid.
8 For such a declaration as to the Khari river and its branches, see Bombay Local Rules
and Orders.
u8 Bombay Irrigation Act, 1879 [ AGT V11
Powers of entry on Land, etc.
Powers of 6. At any time after the day so named, any Canal-officer
f^r^r^tTcrf * u ^ empowered in this behalf may enter on any land,
sT P apptylng remove any obstruction, close any channel and do any other
water supply, thing necessary for such application or use of the said water,
and for such purpose may take with him, or depute or employ,
such subordinates and other persons as he deems fit.
Kntryfor in- .
q u ,ry. 7. Whenever it shall be necessary to make any inquiry
or examination in connection with a projected canal, or
with the maintenance of an existing canal, any Canal-officer
duly empowered in this behalf, and any person acting under
the general or special order of any such Canal-officer, rnay
(a) enter upon such land as he may think necessary for
the purpose, and
(b) exercise all powers and do all things in respect of
such land as he might exercise and do if 1 [the
State Government] had issued a notification
under the provisions of section 4 of the 2 Land
Acquisition Act, 1870, to the effect that land in
that locality is likelv to be needed for a public
purpose, and
(c) set up and maintain water-gauges and do all other
things necessary for the prosecution of such inquiry
and examination.
Tower to m- 8. Any Ca-nal-officei duly empowered in this behalf, and
spec* and re- person acting under the general or special order of anv
pulate water \ ^^ . rr i j i -u-
supply such Canal-officer, may enter upon any land, building or
water-course, on account of which any water-rate is charge-
able, for the purpose of inspecting or regulating the use of
the water supplied, or of measuring the land irrigated thereby
or chargeable with a water-rate, and of doing all things
necessary for the proper regulation and management of the
canal from which such water is supplied.
Powerto 9. In case of any accident being apprehended or happening
enter for re- f O a canal, any Canal -officer duly empowered in this behalf,
prevcm^ca- anc * an ^ P erson actm under the general or special order of
dents. J " any such Canal-officer, rnay enter upon any land adjacent
to such canal, and may take trees and other materials, and
execute all works which may be necessary for the purpose
of preventing such accident or repairing any damage done.
10. When a Canal-officer or other person proposes, under
of tne P rov * s i ons f an Y ol t * le three last preceding sections, to
building, etc. enter into any building or enclosed court or garden attached
1 The words "the State Government" were substituted for the words "the Provincial Go\ o n
ment" by the Adaptation of Laws Order 1 950.
2 S<e now the Land Acquisition Act, 1891 (I of 1894).
OF 1879] Bombay Irrigation Act, 1879 "9
to a dwelling-house, not supplied with water from a canal,
and not adjacent to a flood-embankment, he shall previously
give to the occupier of such building, court or garden such
reasonable notice as the urgency of the case may allow.
Canal Crossings
n. Suitable means of crossing canals shall be provided at M e a n of
such places as the T [State Government] v [or any Com- crossing ca
missioner if empowered by "[the State Government] nals to b ^
in this behalf] thinks necessary for the reasonable conve- obstruction"
nience of the inhabitants of the adjacent land; and suitable to drainage
bridges, cuhcrt . or other works shall b** constructed to to be avoid
prevent the drainage of the adjacent land beirg obstructed ed -
by any canal.
Rcwal iif Obstructions to Draina.J~
12. Whenever it appears to the '[State Government] Provincial
tlir-t injury to the public health, or public convenience, or Government
to ah)' canal or to any land for which irrigation from a canal ma y prohi-
is uvuilaM , has aiiscn or may arise from the obstruction of^ 1 ^^Jjf,"
:;nv n\er, stre t ini or natuial drainage-course, the 'fStat* tions of rivers,
(iiKrinnjr'iit] iia\, by noliucation published in the 4 [Official etc., with! .
Gcir,rUt'"]. prohibit, \\ithin limits to be defined in such noti- C(i rtain limns.
fication, the foinrition of any surh detraction, or may
within such limits order the removal 01 other modification of
such o! uruction,
Thereupon so much of the said river, stream or natural
diam.iie channel, js is comprised within such limits, shall
be heiJ to be a drain: g** work as defined in section 3.
13. Any Caiicil-officer duly empowered in this behalf ja:Ml-officxr
may, after such publication, issue an order to any person ma v issue
causing or having control over any such obstruction ttT >ui( ' T to F er "
-emove or niodifv the same within a time to be fixed in such 8
i/|. If, -iilnn ilii* time so fixed, ^uch person does not Canal-officer
coinplv \vitli the oHer, the Canal-officer may cause the* ma\ cause
o.Mniction TO be removed or modified; and \( tre per cn ' bstruction
to whom the order \\.xs issued does n<^t, when Celled upori, " bc rcmov "
n.-y the expenses of such removal or mofh f icati m, ^u n f "
expen r es sl/ill be rcci^eiMl.lc by the Collector a* an arre r
of land-revenue.
' The words "State O.ncn ment ' Nxc'if fc ui- i u d for the words "Provincial G jvern n em' '
by the Adaptation of Laws Outer MJV.
These words were insnu-d Ins ? Srh. I, Pt. II, Serial No nof the Bomb&y Repealing
and Amending Act, 1910 (Horn, i of 1910).
3 The words "the State Government" wer^ substituted for the word "the Provinci 1
Government" by the Adaptation of Laus (Vdei 19- >.
iTheworh "Official Of /.cue" were s bstituted T-^r the words "Bombay Government Gazette*
ibid.
120 Bombay Irrigation Act, 1879 [ACT vu
Construction of Drainage-works
When drain- ,,.; Whenever it appears to the '[State Government]
necessary 5 * tna * anv drainage work is necessary for the public health
\ State] or for the improvement of the proper cultivation or irrigation
Government of any land, or that protection from floods or other accumu-
ma v ordcr lations of water, or from erosion by a river, is required for
carried out an > r lanfl > 1 ^ ie '[State Government] may cause a scheme
for such work to be drawn up and carried into execution,
And the person authorized by the l [ State Government]
to darw up and execute such scheme ma)' exercise in connec-
tion therewith the powers conferred on Canal-officers by
sections 7, 8 and 9, and shall be liable to the obligations
imposed upon Canal-officers by sections 10 and 34.
PART III
OF WATER-COURSES
Construction of new water-corn \e^
Construction 16. Any person may, with the permission of a Canal-
of new water officer duly empowered to ti\mt such pc i mission, construct
courses by a new W ater-course if lie has obtamed the consent of the
holder of the land lequircd llieidbr.
Application 17. Any person desiring to constiuct a nc\\ water-row sc,
ior construe- | )u t being unable or unwilling to construct Jl under a piivate
^TofhrcVof arran ^ cmf " nt XNl1 ^ l ^ e Dicier * l * lC l anc l required f or the
tw water same, may appl>, in \\riliug to any Canal-oHic er duly cin-
oursr powered to receive such api)lic ationM, stating -
(1) that he is ready to defray all the expenses necessaiy
for acquiring the land and constructing such water-
course ;
(2) that he desires the said Canal-officer in his behalf
and at his cost to do all things necessary for con-
structing such water-course.
Procedure jg. If the Canal-officer considers the construction of such
? a ^" water-course expedient, he may call upon the applicant to
rni> I deposit any part of the expense such officer may consider
strurtion of necessary,
and upon such deposit being made, shall cause inquiry
to be made into the most suitable alignment for the said
water-course,
and shall mark out the land which, in his opinion, it will
be necessary to occupy for the construction thereof,
and shall forthwith publish a notification in every village
through which the water-course is proposed to be taken,
that so much of such land as is situated within such village
has been so marked out,
and shall send a cory of such notification to the Collector
of every district in which such land is situated, for publica-
tion on such land.
The words "State Government" were substituted for the words "Provincial Government 1 *
by the Adaptation of Indian Laws Order in Council.
OF 1879] Bombay Lrigation Act, 1879 I21
The said notification shall also call upon any person who Application
wishes to share in the ownership of such water-course to ^Y ,. P ers ? n
make his application in that respect to the Canal-officer j^n^owner C
within thirty days of the publication of such notification.
If any such applicant appears, and his application is If application
admitted, he shall be liable to pay his share in the construe- admitted, ap-
tion of such water-course, and in the cost of acquiring the P llcan * liable
land for the same, and shall be an owner of such water-course c ^ t> s are
when constructed.
19. On receipt of cqpy of such notification, the Collector Collector to
shall proceed to acquire such land under the provisions of acquire land.
the l Land Acquisition Act, 1870, as if a declaration had
been issued by a [the State Government] for the acqui-
sition thereof under section 6 of thai Act, and as if e [the
State Government] had thereupon directed the Collector
to take order for the acquisition of such land under section 7
of the said Act, and (if necessary) as if 2 [the State
Government] had issued orders for summary possession
being taken under section 17 of the said Act.
20. On being put in possession of the land, the Canal- Proceduic
officer shall construct the required water-course; and on its after con
completion shall give to the owner notice thereof, and o f structlon ot
any sum payable by him on account of the cost of acquiring C0 u rscs<
the land and constructing the water-course. On such notice
being given, such sum shall be due from the o\\rer to
the Canal-officer. On receipt of payment in full of all
expenses incurred, the Canal-officer shall make over possession
of such water-course to such owner.
Right* and Obligations of owners of Water-courses
21. Every owner of a water-course shall be bound Obligations
(a) to construct and maintain all works necessary for * 1 ^
the passage across such water-course, of canals, courses.
water-courses, drainage-channels arid public roads
existing at the time of its construction, and of the
drainage intercepted by it, and for affording
proper communications across it for the con-
venience of the occupants of neighbouring lands -
(b) to maintain such water-course in a t state of repair
for the conveyance of water ;
(c) to allow the use of it to others or to admit other
persons as joint owners thereol on such terms as
may be prescribed under the provisions of section 23;
and every owner of a water-course and every person duly Right of own-
authorized under the provisions hereinafter contained to e r s a n d
use a water-course shall be entitled users of wa '
ter courses.
1 See now the Land Acquisition Act, 1894 (I of 1804).
2 The words "the State Government" were substituted for the words "The Provincial Govern-
ment" by the Adaptation of Laws Order 1950.
Bombay Irrigation Act, 1879 [ACT vti
(d} to have a supply of water by such water-course, at
such rates and on such terms, as may from time to
time be prescribed under section 44 and by the
rules made by the '[" State Government] under
section 70 :
Provided always that any owner of a water-course and,
subject to the terms of any agreement between the parties,
or to any condition imposed under section 23, any such
person as aforesaid may at any time, by giving three months'
previous notice in writing in this behalf to a Canal-officer
duly empowered to receive such notices, resign his interest
in such water-course.
Arrangement 22. Any person desiring to have a supply of water through
with owner a water-course of which he is not an owner may make a
CF " P r i yate arrangement with the owner for permitting the
conveyance of water thereby, or may apply to a Canal-
officer duly empowered to receive such applications for
authority to use such water-course or to be declared a joint
owner thereof.
< anal-officer 23. On receipt of any such application, the Canal-officer
after inquiry s h a ]\ serve notice on the owner to show cause why such
'nze supply (^'authority should not be granted, or such declaration shoulJ
declare appli- not be made, and, if no objection be raised, or if any objection
-ant to be be raised and be found insufficient or invalid, shall, subject
oint owner. to t j ie a pp rov al of the Collector, either authorize the applicant
to use the water-course, or declare him to be a joint owner
thereof on such conditions as to the payment of compensation
or rent or otherwise as may appear to him equitable.
Use of land 24. No land acquired under this Part for a water-course
acquired for 2^ anc j no i anc i occupied by a water-course constructed under
for otherpur- section 92], shall be used for any other purpose without the
pose. previous consent of a Canal-ofhcer duly empowered to grant
such permission.
If o w n e r 25. If any owner of a water-course fails to fulfil any obli-
fail to exe- gation imposed upon him by clause (a) or (b) of section 21,
cute wo r^k an y c ana i_ o ffi cer duly empowered in this behalf may require
water-course, him by notice to execute the necessary work or repair within
Canal-officer' a period, to be prescribed in such notice, of not less than
may execute fifteen days, and, in the event of failure, may execute the
8amc " same on his behalf, and, except as hereinafter provided in
this section, all expenses incurred in the execution of such
work or repair shall be a sum due by such* owner to '[the
State Government].
1 The words " State Government" were substituted for the words "Provincial Government"
by the Adaptation of Laws Order
* The words and figures "and no land occupied by a water-course constructed under section
were inserted by Bom. 14 of 1931, s. 2.
OF 1879] Bombay Irrigation Act, 1879 I2 3
Every person other than an owner who uses any water- Persons using
course in respect of which any repair has been executed by water " c<irsr
a Canal-officer under this section shall, in the absence of
any agreement between the parties or of any condition repair,
imposed under section 23 at the time such person was autho-
rized to use such water-course to the contrary, be liable to
pay to '[the State Government] such proportion of the
expenses incurred in the execution of such repairs as shall be
determined by the said Canal-officer.
Settlement of Disputes concerning Walei -courses
26. Whenever a dispute arises between two or more Set Ucment ol
persons in regard to their mutual rights or liabilities in disputes as to
respect of the use, construction or maintenance of a water- ^d^bilfties
course, or among joint owners of a water-course, as to their O f p crs0 ns in-
respective shares of the expense of constructing or main- terested in
taining such water-course, oj* as to the amounts severally ^ vater course,
contributed by them towards such expense, or as to failure
on the part of any owner to contribute his share,
any person interested in the matter of such depute may
apply, in writing, to any Canal-officer duly empowered to
receive such applications, stating the matter in dispute.
Such officer shall thereupon give notice to the other persons
interested that, on a day to be named in such notu e, he
\\ill proceed to inquire into the said matter.
and if all the persons interested consent, in \\iiting, to
his being arbitrator, he may pass hij order thereon;
failing such consent, he shall transfer the matter to the
Collector, who shall inquire into and pass his order thereon.
Any order passed by the Collector under this section shall
remain in force until set aside by a decree of a Civil Couit.
PART IV
OF THE SUPPLY OF WATER
Applications for Supply
27. Every person desiring to have a supply of water from Water to be
a canal shall submit a written application to that effect to supplied on
a Canal-officer duly empowered to receive such applications, ~
in such form as shall from time to time be prescribed by
'[the State Government] in this behalf.
If the application be for a supply of water to be used for and water
purposes other than those of irrigation, the Canal-officer "}?? be SU P~
may, with the sanction of '[the State Government] , purpose*
give permission for water to be taken for such purposes other than
under such special conditions and restrictions as to the those of irri-
limitation, control and measurement of the supply as he g ation '
shall be empowered by '[the State Government] to
impose in each case.
1 The words "the State Government*' were substituted for the word "the Provincial Go\ ^rn -
ment" by the Adaptation of Laws Order 1950.
124 Bombay Irrigation Act, 1879 [ACT vii
Provisions as to Supply
P o w e r t o 28. The supply of water to any water-course or to any
stop water person who is entitled to such supply shall not be stopped
upply. except
(a) whenever and so long as it is necessary to stop such
supply for the purpose of executing any work
ordered by competent authority ;
(b) whenever and so long as any water-course by which
such supply is received is not maintained in such
repair as to prevent the wasteful escape of water
therefrom ;
(c) whenever and so long as it is necessary to do so in
order to supply in rotation the legitimate demands
of other persons entitled to water ;
(d) whenever and so long as it may be necessary to do
so in order to prevent the wastage or misuse of
water ;
(e) within periods fixed from time to time by a Canal-
officer duly empowered in this behalf, of which
due notice shall be given ;
'[(/) whenever and so long as it is necessary to stop
such supply pending a change in the source thereof
by a Canal-officer under section 91.
. 29. When canal-water is supplied for the irrigation of one
supply 011 or more crops only, the permission to use such water shall
be held to continue only until such crop or crops shall come
to maturity, and to apply only to such crop or crops.
Agreements ^ ver y agreement for the supply of canal-water to
water PP tran- an Y l an d, building or other immovable property shall be
(erable with transferable therewith, and shall be presumed to have been
property m so transferred whenever a transfer of such land, building or
respect of ot h er immovable property takes place,
which supply r r / r
was given ;
light to use No person entitled to the use of any work or land apper-
of water not gaining to any canal, and, except in the case of any such
i^mner* case agreement as aforesaid, no person entitled to use the water
without per- of any canal, shall sell or sub-let, or otherwise transfer, his
mission of right to such use without the permission of a Canal-officer
<, anal-officer. d u iy empowered to grant such permission.
PART V
OF THE AWARD OF COMPENSATION
Compensation when claimable
31. Compensation may be awarded in respect of any
tion m cases substantial damage caused by the exercise of any of the
able^ubsun" P owers conferred by this Act, which is capable of being
ti a i damage, ascertained and estimated at the time of awarding such
compensation :
Clause (/) was inserted by Bom. 14 of 1931, s. 3.
OF 1879] Bombay Irrigation Act, 1879 125
Provided that no compensation shall be so awarded in Exceptions,
respect of any damage arising from
(a) deterioration of climate, or
(b) stoppage of navigation, or the means of rafting
timber or of watering cattle, or
(r) stoppage or diminution of any supply of water in
consequence of the exercise of the power conferred
by section 5, if no use have been made of such
supply within the five years next before the
date of the issue of the notification under section
37, or
(/) failure or stoppage of the water in a canal, when
such failure cfcr stoppage is due to
(1) any cause beyond the control of 2 [the State
Government],
(2) the execution of any repairs, alterations or addi-
tions to the canal, or
(3^ any measures considered necessary by any Canal-
officer duly empowered in this behalf for regu-
lating the proper flow of water in the canal, or
for maintaining the established course of irrigation ;
but any person who suffers loss from any stoppage or Remission of
diminution of his water-supply due to any of the causes water-rates
named in clause (rf) of this section shall be entitled to such ^ bl ^ n a ow "
remission of the water-rate payable by him as may be autho-
rized by the ' [State Government].
32. No claim for compensation under this Act shall be Limitation
entertained after the expiration of twelve months from the claims,
time when the damage complained of commenced, unless
the Collector is satisfied that the claimant had sufficient
cause for not making the claim within such period.
33. {Compensation not claimable in respect of wot fa executed
prior to Ad.] Rep. Act XVI of 1895.
Summary Decisions
34. In every case of entry upon any land or building Compensa-
uncler section 6, section 7, section 8, or section 9, the Canal- tlon * or
officer or person making the entry shall ascertain and record a
the extent of the damage, if any, caused by the entry, or in j an( j. c t c .
the execution of any work, to any crop, tiee, building or
other property,
and within one month from the date of "such entry com-
pensation shall be tendered by a Canal-officer duly em-
powered in this behalf to the landholder or owner of the
property damaged.
If such tender is not accepted, the Canal-officer shall
forthwith refer the matter to the Collector for the purpose
of making inquiry as to the amount of compensation and
deciding the same.
i The words "the State Government" were substituted for the word "ihe Provincial Govern
ment" by the Adaptation of Laws Order 1950.
Bombay Irrigation Acl> 1879 [ACT vu
Compensa- 35- If the supply of water to any land irrigated from a
t i o n on canal be interrupted otherwise than in the manner described
account of j n c i ause (</) of section 31, the holder of such land may present
interruption petition for compensation to the Collector for anv loss
or water-. r r t . , ^ ,, ' r
supply. arising from such interruption, and tne Collector, after
consulting the Canal-officer, shall award to the petitioner
reasonable compensation for such loss.
Decision as 36. The decision of the Collector under cither of the List
io amount two preceding sections as to the amount of compensation
rompcn- co fa awarded, or, if in any rule framed under section 70,
hr oHa'st suc * 1 decision shall be declared to be appealable, then the
two sections decision of the authority to whom the appeal lies, shall be
conclusive. conclusive.
Forma! Adjudic itions
Notice as to 37. As soon as practicable after the issue of a notification
claims for under section 5, the Collertoi shall cause public notice U- be
compensation g- yen at convcn j ent places, t 'ting "that i[the State
cases. Government] intend to apply or i^e the \* ater ^s aforesaid,
ancJ that claims for compensation nia- be made beibie him.
A copy of sections 31 and 32 shall be annexed to everv
such notice.
Claims to be 38. All claims for compensation under this Act, othxrr than
Preferred to claims of the, nature provided for in sections 33 and 3^,
U- tor. must be made before the Collector of the di*tiict in \\hich
such claim arises.
Collector to 39. The Collector shall inquire into every such claim and
be guided by determine the amount of compensation, if any, \\hich should
Lan^Tcqm- * n ^ s pi n ' oa be given to the claimant; and sections n, 12,
sition Act, T 4? I5> 18 to 23 (inclusive), 26 to 40 (inclusive), 51 and 58
1870. of the 2 Land Acquisition Act, 1870, shall apply to such
inquiries :
Provided that instead of the last clause of the said section 26,
the following shall be read :
"The provisions of this section and of sections 31 and
40 of the Bombay Irrigation Act, 1879, s ^ a ^ ^ 3e
read to every assessor in a language which he
understands before he gives his opinion as to the
amount of compensation to be awarded."
Diminution 4<> In determining the amount of compensation under
in market- che last preceding section, regard shall be had to the dimi-
value to be nu tion in the market-value, at the time of awarding com-
consi er c^ pensation, of the property in respect of which compensation
pensation. is claimed ;
and, where such market-value is not ascertainable, the
amount shall be reckoned at twelve times the amount of the
diminution of the annual net profits of such property, caused
by the exercise of the powers conferred by this Act.
1 The words "the State Government" were substituted for the words "the Provincial Govern-
ment", by the Adaptation of Laws Order 1950.
2 See now the Land Acquisition Act, 1894 (i of 1894).
OF 1879] Bombay Irrigation Act, 1870 127
41. All sums of money payable for compensation awarded Compen?a-
under section 39, shall become due three months after the tlon when
claim for such compensation was made;
and simple interest at the rate of six per centum per annum I ntercst.
shall be allowed on any such sum remaining unpaid after
the said three months, except when the non-payment of
such sum is caused by the neglect or refusal of the claimant
to apply for or receive the same.
Abatements of Land-revenue and Rent
42. If compensation is awarded under section 39 on account Abatement
of a stoppage or diminution of supply of water to any land of ievenue-
paying revenue to '[the State Government], and the demard on
amount of the revenue payable on account of such land JJ ^^e*!?-
lias been fixed with reference to the water-advantages apper- supply."
tain'ng thereto, the holder of the said land shall be entitled
to an abatement of the amount of revenue payable to such
extent as shall be determined by the Collector.
43. Every infeiior holder of any land in respect of which Abatement
M'ch compensation has been paid shall, if he recehcs no part oi inferior
of the said compensation, be entitled to HP rLr.teimm of the ' micrrun-
rent previously payable by him to the superior holder thereof tion of wat'T-
in proportion to the reduced value of the holding; supply.
but, if a \\ater-supply v.hich increases the value of the E r hanc e-
holdmg is aft ei wards re torecl to the said land otherwise m S m j [ In
than at the cost of the inferior holder, the superior holder rrnt ^ tew 4 '
shall bt; entitled to enhance the rent in proportion to such toration . i
increased value : water-supply.
Provided that the enhanced rent shall not in any case
exceed the rent payable by the inferior holder before the
abatement, unless the superior holder shall, independently
of the provisions of this section, be entitled so to enhance
the previous rent.
PART VI
OF WATER-RATES
Supply Rates
44. Such rates shall be leviable for canal-water supplied Determ na-
for purposes of irrigation, or for any other purpose, as shall tion f ratcs
from time to time be determined by the 2 [ State Govern- canal-^ater^
ment]. ana-wae.
If, owing to the construction of a new canal or to the im- Troxision for
provement or extension of an existing canal, the amount cases m
or duration of any water-supply, in respect of which either m hlch J^r-
no revenue or a fixed amount of revenue has hitherto been SU p p iy 1S
paid to J [the State Government], is increased, rates improved,
shall be leviable under this section in respect of the increased
water-supply only.
1 The words "the State Government" were substituted for the word "the Provincial Govern-
ment" by the Adaptation of Laws Order 1950.
2 The words "Provincial Government" were substituted for the words "Goverr.or-in-Council".
128 Bombay Irrigation Act, 1879 [ AC . T
The said rates shall be payable by the person on whose
application the supply was granted, or by any person who
uses the water so suppliecT
Occasional Rates
Liability 45. If water supplied through a water-course be used in an
when person unauthorized manner, and if the person by whose act or
usmp . \vatt-r ne gl e ct suc jj use ^as occurred cannot be identified the person
Unauthonz- 11 i ^ ^ ^ ^ i n i
ecliv cannot or a " the persons on whose land such water has flowed,
bt- identified, if such land has derived benefit therefrom,
or, if no land has derived benefit therefrom, the person,,
or all the persons chargeable in respect of the water supplied
through such water-course,
shall be liable, or jointly liable, as the case may be, for
the charges which shall be made for such use under the rules
prescribed by the '[ State Government] under section 70.
Liability 46. If water supplied through a water-course be suffered
when water ^0 run to wasteland if, after inquiry, the person through
runs to waste. w j lose act or ne glect such water was suffered to run to waste
cannot be discovered,
the person or all the persons chargeable in respect of the
water supplied through such water-course shall be liable,
or jointly liable, as the case may be, for the charges which shall
be made in respect of the water so wasted, under the rule
prescribed by the J [State Government] under section 70.
All question* arising under this and the last preceding
section shall, subject to the provisions of section 67, be decided
by a Canal-officer duly empowered in this behalf.
47. All charges for the unauthorized use or for waste of
water mdv be recovered, as water-rates, in addition to any
to penalties, penalties incurred on account of such use or waste.
Pei eolation and Leakage-rates
Land denv- ^g. If it shall appear to a Canal-officer duly empowered
ing benefit ^ Q en f orce ^ e provisions of this section, that any cultivated
Irom perco- , , . , . i 11 ir i i
lation liable land within two hundred yards of any canal receives, by
to water rate, percolation or leakage from such canal, an advantage equi-
valent to that which would be given by a direct supply
of canal-water for irrigation,
or that any cultivated land, wherever situate, derives by
a surface-flow, or by means of a well sunk within two hundred
yards of any canal after the admission of water into such
canal, a supply of water which has percolated or leaked
from such canal,
he may charge on such land a water-rate not exceeding
that which would ordinarily have been charged for a similar
direct supply to land similarly cultivated.
For the purposes of this Act. -land charged under this
section shall be deemed to be land irrigated from a canal.
i The words "the State Government" were substituted for "the Provincial Government*
by the Adaptation of Laws Order 1050.
OF 1879] Bombay Irrigation Act, 1879 I2 9
Betterment Charges
'[49- When the construction of a new canal or the im- Scheme of ir-
provement or extension of an existing canal is undertaken,
the State Government shall direct an officer empowered mand alic i
in this behalf to prepare a scheme showing the lands under betterment
the irrigable command of the canal and the betterment charges
' charges leviable on such lands.
inent, eic , of
a canal.
50. (i) The scheme so prepared shall be published in Publication
the Official Gazette and in such other manner as may be of scheme
prescribed by rules. ^ owners
(2) The officer empowered under section 49 shall also and persons,
give notice to the persons known or believed to be the owners interested,
of or interested in the lands under irrigable command of the
canal requiring them to appear before him either personally
or by agent at a time and the place therein mentioned (such
time not being earlier than fifteen days from the date of the
notice) to state their objections, if any,
(a] to the inclusion of the lands in the scheme as the
lands under irrigable command of the canal, and
(b) to the imposition and recovery of the betterment
charges on such lands.
51. On the date fixed under section 50 or on such other Inquiry and
date to which the inquiry may be adjourned, the officer award,
concerned after holding a formal inquiry in the manner
provided by the Bombay Land Revenue Code, 1879, and
Bom. V of a ft er hearing the objections, if any, stated by the persons as
79 required by notice under section 50 make an award. The
award shall specify
(a) the lands under irrigable command of the canal,
(b) the increase in value of such lands by the completirn
of the construction of a new canal or the improve-
ment or extention of an existing canal,
(c) the amount of the betterment charges leviable on
each of the said lands,
(d) the date from which such betterment charges shall
be leviable :
Provided that no betterment charges shall be leviable in
* respect of any land which is unarable (kharaba).
52. The increase in value on account of the completion of Increase in
a new canal or the improvement or extension of an existing ^ laue an(i
canal shall be the amount by which the value of the land charges.
on the completion date is likely to exceed the value of the
land on the construction date and the betterment charges
shall be one-half of such increase in value.
Explanation. For the purposes of this section the State
Government shall, by notification in the Official Gazette,
specify
(a) the date of the commencement of construction of
any work in connection with the construction or
improvement or extension of a canal, as the con-
struction date ;
1 Substituted by the Act of 1950.
! 3
Bombay Irrigation Act, 1879
(6) the date of completion of the construction, improve-
ment or extension of a canal as the completion date.
[ACT vn
to
Revision by
State Gov-
ernment.
first
-- 53. (i) Any person aggrieved by the award may, within
Collector s j xt y ^ ays g. om t j ie ( j ate O f t j ie awarc } j appeal to the Collector.
(2) The provisions of Chapter XIII of the Bombay Land Bom. V of
Revenue Code, 1879, shall apply to such appeals, as if the 1870.
officer empowered undei section 49 wus a Revenue Officer
and the Collector \\as his immediate superior.
54. The State-Government may call for and examine the
record of any inquiry under section 51 or of the proceedings
in appeal under section 53 for the purpose of satisfving
itself of legaliix or regularity of such inquiry or proceedings
and may modify or leverse the awnrd or the decision of the
Collector.
Fnaliu of 55. Any cider ppssed by the State Government in revision
State" Gov- f unc ' er secllcn 4. ai] d M-ljcct toM'd- cidn, tic decision of
crnment, Col- * e Collector on appeal under section 53, and subject to th e
lectors ' dp- order of the State Government arid the decision of the Ollec-
cision and tor on appeal, the award made under section 51 shall be final,
award. u
Betterment 5**. Fiom tb? date specified in the ?ward as the d'*te fiom
h!f lffrs fiJt? which the Interment charges shall be leviable, or fiv,in such
date as may be otherwise specified bv the Collector in appeal
under section <^ or by the State Government in revision
under section 54 .1- ihe date fiom which such chaises .ha 1 !
be leviable, the betteiment charges recovc-iablt* in rv*i ect
of any land shall, subject to the prior payment ol the K ni
revenue if anv due to the State Government theieon, be a
first charge on the land in respect of which such betterment
charges are leviable.
56A. The betterment .charges shall be payable on the
date fixed under the rules made by the Mate Government
under section 70 :
Provided that the owner of the land on which such charges
are imposed may execute an agreement in favour of the
State Government agreeing to pay the amount of such
charges by annual instalments together with interest at su<_h
rate and within such period as may be prescribed by rules.
56B. Notwithstanding anything contained in section 5 6 A,
the Sfc'te Government may allow the owner of the land on
which the betterment charges may be payable to relinquish
the \vhcle or any part of the land or to deliver it in exchange
in favour of the State Government on such conditions as
may be pi escribed by rules :
Provided that no such relinquishment or exchange shall
be permitted unless the land is free from encumbrances.
he
charge
'and to land
revenue
Payment of
betterment
charges.
Relinquish-
ment or
exchange of
land in lieu
of the pay-
m e n t of
betterment
charges.
Levy of
irrigation
cess
Inigation cess
56C. In addition to the water rates or other charges
leviable under the provisions of this Act, there shall be levied
in respect of land under irrigable command of a canal,
a cess called 'the irrigation cess'.
OF 1879] Bombay Irrigation Act, 1879 131
56D. (i) In the case of unalienated land the occupant, Liability for
and in the case of alienated land, the superior holder, shall irrigation
be primarily liable to the State Government for the payment cess *
of the irrigation cess, inclusive of all arrears of such cess.
(2) In the case of default by any person who is primarily
liable under this section, the irrigation cess including all
arrears as aforesaid shall be recoverable from any person in
possession of the land :
Provided that where the irrigation cess* is recovered under
this section from a person who is not primarily liable for the
same, such person shall be allcmed credit for any payments
which he may have duly made to the person who is primarily
liable, and shall be entitled to credit, for the amount recovered
Apm him, in account with the person who is primarily liable.
56E. (i) The irrigation cess payable in respect of any Rate and
land under the irrigable command of a canal shall be at such period of
rates and for such period as may be fixed by the State Govern- irrigation
ment by notification in the Official Ga~ette. cess
(2) The determination of such rates and period shall be
final and shall not be questioned in any court of law :
Provided that no increase shall be made during such
period in the lates so fixed.
56F. The irrigation cess recoverable in respect of any Dai c -
land shall be leviable on the date on \\ hich the land revenue payment of
is leviable in respect thereof. irrigation
r ce,s.
Recovery of Water-Kites and other Dues in An cat \
'[57- (0 l^cry water i-c.ie leviable or charged under this Payment and
/ ct shall be payable m such instalments ancl on such dates recovery ol
and to such officers as shall from time to tinie be detei mined wa * cr
under the oiders of the "[State] Governr,"nt or oi am dues
Commissioner empowered by the ^[State] Govrii.menl in
this behalf.
(2) Anv such rate or the instalment thereof \\hicb is iic.t
paid on the date when it becomes due shall be deemed an
arrear of land revenue due on account of the land for the
use oi which canil water v.ns supplied or which was benefited
bv percolation or leakage from any can?l and shall be iccover-
abie as such arrear by any of the methods specified in section
150 of the Bombay Land Revenue Code, 1879, including
the forfeiture of the said land.
Bom. V. of 3 [The amount of the bettermnet charges or any of its
1879. instalments together with interest thereon, if not pnid
on the date specified in section 56A and the amount of the
irrigation cess if not paid cm the date specified in section
56F shall be deemed to be an arrear of land revenue due on
account of the land in respect of which it is payable and shall
also be recoverable as such arrear by any of the methods
specified in section 150 of the Bornbw Land Revenue Code,
1879, including the forfeiture of the said land.]
i Section 57 was substituted by Bombay 64 of 1948, s. 2.
8 The word "State" was substituted for the word ''Provincial" by the Adaptation of Laws Order
1 950.
Inserted by the Act of 1950
Bombay Irrigation Act, 1879 t AGT v
(3) Any rent payable to the owner of a water-course by
a person authorized to use such water-course may be paid
in such instalments and on such dates as the Canal officer
duly empowered to act under section 23 shall direct and no
more of such rent shall at any time be payable to the owner
thereof than is actually recovered from the person liable to
pay.
(4) (a) Any other sum due to the 3 [State] Government
pr to a Canal-officer under the provisions of this Act whether
on behalf of the '[State] Government or any other person
jinder Part III of this Act which is not paid w r hen demanded
shall, and
(b) any rent or instalment theieof payable to the ow
of a water-course, which is not paid when it becomes
may, on behalf of the owner,
be recoverable as arrears of land revenue in accordance with Bom
fhe provisions of the Bombay Land Revenue Code, 1879.]
PART VII
OF OBTAINING LABOUR FOR CANALS ON EMERGENCIES
Procedure for
obtaining la- 58. Whenever it appears to a Canal-officer duly empowered
bour for to art under this sec tion, that unless some work or repair is
WC irs F rC " i mmec ^ ;ite ly ex<-cuUd siuh serious damage will happen to
iyrequired. " an Y rana ^ as to cvuse sudden and extensive public injury,
or, that unless some clearance of a canal or other work
whk h is necessary in order to maintain the established course
of irrigation is immediately executed, serious public loss
will occur,
and that the labourers necessary for the proper execution
of such repair, clearance or work cannot be obtained in the
ordinary manner within the time that can be allowed for
the execution of the same so as to prevent such injury or
loss,
the said officer may, by order under his hand, direct that
the provisions of this section shall be put into operation for
the execution of such repair, clearance or work; and there-
upon every able-bodied person who resides or holds land in
the vicinity of the locality where such repair, clearance or
work has to be executed, and whose name appears in the list
hereinafter mentioned, shall, if required to do so by such
officer or by any person authorized by him in this behalf,
be bound to assist in the execution of such repair, clearance
or work by labouring thereat as such officer or any person
authorised by him in this behalf may direct.
All persons so labouring shall be entitled to payment at
rates which shall not be less than the highest rates for the
time being paid in the neighbourhood for similar labour.
1 The word "State" was substituted for the word "Provincial" by the adaptation of Laws Order
.OF 1879] Bombay Irrigation Act, 1879 133
59. Subject to such rules as may from time to time be List of la-
prescribed under section 70 in this behalf, the Collector shall bourers.
prepare a list of the persons liable to be required to assist
as aforesaid, and may from time to time add to or alter such
list or any part thereof.
60. All orders made under section 58 shall be immediately Reports to be
reported to the Collector for the information of the Commis- made b \
sioner of the Division, and like\\ isc to the Chief ^Engineer for Canal-officer
Irrigation, for the information of u [the State Govern-
ment].
PART VJII
OF PENALTIES
61. Whoever voluntarily and without proper authority
(1) damages, alters, enlarges or obstructs any canal; ^ Can '
(2) interferes with, or increases cr diminishes the supply
of water in,- or the flow of water from, through,
over or under ?rr (an/il, or by an) means raisc>
or lowers the level of the v^ter in any canal;
(3) corrupts or fouls the water of any canal so as to
render it less fit for the purposes for which it is
ordinarily used;
(4) destroys, defaces o moves any land or level rrra'k
or \\aRi-gauge fixed by the authority of a public
servant ;
(5) destroys, tampers with, or removes, any apparatus,
or part of any apparatus, for controlling, regulat-
ing or measuring the flow of water in any canal ;
(6) passes, or causes animals or vehicles to pass, in or
across any of the works, banks or channels of a
canal contrary to rules made under section 70,
after he has been desired to desist therefrom;
(7) causes or knowingly and wilfully permits cattle to
graze upon any canal^or Mood-embankment, or
tethers or causes or knowingly and wilfully permits
cattle to be tethered, upon any such canal or em-
oankment, or roots up any grass or other vegetation
growing on any such canal or embankment, or
removes, cuts or in any way injures, or causes to
be removed, cut or otherwise injured, any tree,
bush, grass or hedge intended for the protection of
such canal or embankment ;
(8) neglects, without reasonable cause, to assist or to
continue to assist in the execution of any repair,
clearance or work, when lawfully bound so to do
under section 58;
(9) violates any rule made under section 70 for breach
whereof the l [State Government] shall, in
such rules, direct that a penalty may be incurred;
' The words "the State Government" were substituted for the word "the Provincial Govern-
snent" by the Adaptation of Laws Order 1 950.
'34
Bombay Irrigation Art, 1879
[ACT VH
For endan-
gering sta-
bility of
canal, etc.
arid whoever
(10) being responsible for the maintenance of a water-
course, or using a water-course, neglects to take
proper precautions for the prevention of waste
of the water thereof, or interferes with the autho-
rized distribution of the water therefrom, or uses
such water in an unauthorized manner or prevents
or interferes with the lawful use of such water-
course by any person authorized to use the same
or declared to be a joint owner thereof under
section 23 ;
shall, when such act shall not amount to the offence of com-
mitting mischief within the meaning of the Indian Penal
Code, on conviction before a Magistrate, be punished for XLVofi86or
each such offence with fine which may extend to fifty rupees,
or with imprisonment '* * * for a term which may extend
to one month, or with both.
62. Whoever without proper authority
(1) pierces or cuts through, or attempts to pierce or cut
through, or otherwise to damage, destroy^ or end lin-
ger tiie stability of any canal ;
(2) opens, shuts or obstructs, or attempts to open, sYut
or obstruct any sluice in any canal;
(3) makes any dam or obs. ruction for the purpose of
diverting or opposing the current oi a river or
canal on the bank whereof theie is a flood embank-
ment, or refuses or neglects to remove any such
dam or obstruction when lawfully required so to do;
shall, when such act shall not amount to the offence of com-
mitting mischief within the meaning of the In.lian Penal
Code, on conviction before a Magistrate of the first or aecond XLVof 1860,
class, be punished for e^ch such offence with *mc whi^ii miv
extend to two hundred rupees, or with imprisonment ******
for a term which may extend to six months, or
with both.
ed and da-
paired.
Obstruciion 63. Whenever any person is convicted under either of
to bs remov- the; last two preceding sections, the convicting Magistrate
mi y or j er t na t ne shall remove the obstruction or repair
tlle damage m respect of which the conviction is held within
a period to be fixed in such order. If such person neglects
or refuses to obey such order within the period so fixed,
any Canal-oiliccr dul/ empowered in this behalf may remove
such" obstruction or repair such damage, and the cost of
such removal or repair, as certified by the said officer, shall
be leviable from such person by the Collector as an arrear
of land-revenue.
1 The words "of either description within the meaning of the said Code" were repealed by the
Bombay General Glauses Act, 1886 (Bom. 3 of 1886), Schedule B. This Schedule is printed as ai>
Appendix to the Bombay General Clauses Act, 19 >4 (Norn, i of 1904).
OF 1879] Bombay Irrigation Act, 1879 135
64. Any person in charge of, or employed upon, any Persons em-
canal may remove from the lands or buildings belonging ployed on
thereto, or may take into custody without a warrant, and canal ma v
take forthwith before a Magistrate or to the nearest Police- ers j nto cus ~
station, to be dealt with according to law, any person tody.
who within his view
(1) wilfully damages, obstructs or fouls any canal, or
(2) without proper authority interferes with the supply
or flow of water, in or from any canal, or in any
river or stream so as to endanger, damage, make
dangerous or render less useful any canal.
65. Nothing herein contained shall prevent any person Saving of
from being prosecuted under any other law for any act or prosecution
omission made punishable by this Act : ^ other
Provided that no person shall be punished twice in respect
of one and the same act or omission.
66. Whenever any person is fined for an offence under p a
this Act, the Court which imposes such fine, or which confirms fij^ as award
in appeal or revision a sentence of such fine, or a sentence of to informant,
which such fine forms part, may direct that the whole or
any part of such fine may be paid by way of award to any
person who gave information leading to the detection of
such offence or to the conviction of the offender.
If the fine be awarded by a Court whose decision is subject
to appeal or revision, the amount awarded shall not be paid
until the period prescribed for presentation of the appeal
has elapsed, or if an appeal be presented till after the decision
of the appeal.
PARI IX
MISCELLANEOUS
67. Every order passed by a Canal-officer under sections 1 3, A p p e a 1 s
'8, 25, 30, 45, 46 and 48 shall be appealable to the Collector : ^^Ac^"
Provided that the appeal be presented within thirty days
of the date on which the order appealed against was commu-
nicated to the appellant.
All orders and proceedings of a Collector under this Act Power to
shall be subject to the supervision and control of the Com- suimnon ai *d
missioned * *. ~-e *iu
68. Any officer empowered under this Act to conduct any
inquiry may exercise all such powers connected with the
summoning and examining of witnesses and the production
of documents as are conferred on Civil Courts by the Code
of Civil Procedure ; and every such inquiry shall be deemed
a judicial proceeding.
1 The words " of the division" were repealed by the Bombay General Clauses Act, 1886 (Bom. 3
of 1886), Schedule B. This Schedule is printed as an appendix to the Bombay General Clauses Act!
1904 (Bom. i of 1904). *
Service of
notices.
Power to
make, alter
and cancel
rules.
136 Bombay Irrigation Act, 1879 L ACT
69* Service of any notice under this Act shall be made
by delivering or tendering a copy thereof signed by the
officer therein mentioned. Whenever it may be practi-
cable, the service of the notice shall be made on the person
therein named. When such person cannot be found, the
service may be made on any adult male member of his
family residing with him; and, if no such adult male membei
can be found, the notice may be served by fixing the copy
on the outer door of the house in which the person therein
named ordinarily dwells or carries on business; and, if such
person has no ordinary place of residence within the district,
service of any notice may be made by sending copy of such
notice by post in a registered cover addressed to such person
at his usual place of residence.
70. The T | State Government] may from time to time
make rules not inconsistent with this Act to regulate the
following matters :
(a*) the proceedings of any officer who, under any pro-
vision of this Act, is required or empowered to take
action in any matter :
(b] the cases in which, the officers to whom, and the
conditions subject to which, orders and decisions
given under any provision of this Act, and not
expressly provided for as regards appeal, shall be
appealable ;
(c] the person by whom, the time, place or manner at
or in which, anything for the doing of which pro-
vision is made in this Act, shall be done;
(d] the amount of any charge to be made under this Act;
*[(di) the other manner in which a scheme shall be
published under section 50 ,
(<fe) the dale for payment, the rate of interest on and
the period within which the instalments* of better-
ment charges shall be paid under section 56A;
(</3) the suspension or remission of betterment charges^
the instalments thereof and the interest thereon ;
(</4) the conditions subject to which the relinquishment
or exchange of lands shall be permitted under
section 566 ;
(</5) the division into zones on lands under the irrigable
command of a canal for the purpose of the better-
ment charges leviable on such lands ;]
(e) and generally to carry out the provisions of this Act;
The '[State Government] may, from time to time,
alter or cancel any rules so made.
Publication Such rules, alterations and cancelments shall be published
of rule*. in the 3 I Official Gazette], and shall thereupon have the
force of l.rv.
i The words "State Government" were substituted for the words "the Provincial Government''
by the Adaptation of Laws Order 1950.
a Inserted by Act II of 1960.
3 The words "Official Gazette'* were substituted for the word-* "Bombay Government Gazette",
by the Adaptation of Indian Laws Order in Council.
OF 1879] Bombay Irrigation Act, 1,879 137
71. Nothing in this Act shall be deemed to apply to any Saving of
canal, channel, reservoir, lake or other collection of water municipal
vesting in any municipality. water-works.
'[PART X]
OF SECOND-CLASS IRRIGATION WORKS
72. This Part shall apply to Second-class Irrigation Works Application
only. - of this Part.
73. (i) The 2 [State Government] may publish a noti- Notification
fication in the '[Official Gazette] da1SS"
(ai declaring that it is proposed to constitute any canal, tlon wor '
channel, stream, river, 4[weli, tubewell and artesian
well], pipe or reservoir, natural or artificial, or any
part thereof, whether constructed, maintained or
controlled by *[the State Government] or not,
which is actually used or required for the pur-
poses of irrigation, a Second-class Irrigation Work;
(b) fixing a period of not less than four months from
the date of publication ol such notification in the
3[ Official Gazette] for the submission of objections
to such proposal :
Provided that no artificial reservoir or water-course
supplied from such reservoir which is actually used for the
purposes of irrigation by a single irrigator shall be included
in such notification except either with the consent of such
irrigator or, if in the opinion of the * [State Govern-
ment] such inclusion is necessary in the public interest,
then without such consent but subject to the payment, after
the issue of the declaration mentioned in sub-section (3),
to such irrigator of such compensation for his rights as may
be settled in accordance with the provisions of section 79.
(2) After the publication of such notification in the
sfOfficial Gazette] it shall also be published by the Collector
as soon as practicable in the language of the district at the
Mamlatdar's Office of the J:aluka in which the work is situated
and in every town and village which in the opinion of the
Collector is likely to be affected by such notification.
(3) After considering such objections as may have been
received within the period fixed as aforesaid the 2 [State
Government] may, by notification in the 3 [Official Gazette],
declare such canal, channel, stream, river 4 [well, tube
well, artesian well], pipe or reservoir or any part thereof to
be a Second-class Irrigation Work.
1 Part X was inserted by s. 2 of the Bombay Irrigation (Amendment) Act, 1914 (Bom. * of 1914).
a The words "Provincial Government" were substituted .for the words "Governor in Provincial
Government" Hy the Adaptation of Laws Order 1 95^
3 The words "Official Gazette" were substituted for the words "Bombay Government Gazette",
ibid.
4 Inserted by Act 1950.
138 Bombay Irrigation Act, 1879 [ACT vn
Proclama- 74* When a notification has been issued under sub-section
tion by the (3) of section 73 the Collector shall publish in the language
Collector. of the District at the Mamlatdar's Office of the taluka in
which the work is situated, and in every town and village
which in his opinion is likely to be affected by such decla-
ration, a proclamation
(a) specifying, as nearly as possible, the source of
supply, situation and limits of the Second-class
Irrigation Work notified under sub-section (3) of
section 73;
(b) stating that this Part applies to the work so notified
from the date of the notification published under
sub-section (3) of section 73; and
(c) fixing a period of not less than three months from
the date of such proclamation, and requiring
every person claiming any right in the work so
notified either to present to the Collector within
such period a written notice specifying or to appear
before him and state, the nature of such right.
Application ^ (j) A Second-class Irrigation Work shall be deemed
of certain to ^ a cana [ w ithin the meaning of sub-section (i) of section
sections 01 . i i r n \ T\ i
the main Act. 3 an d to such work the following sections and Parts only
shall, so far as may be, apply, namely :
Sections 3,4,8,9, 10, u, 12, 13, 14, 16, 17, 18, 19, 20, 21,
22, 23, 24, 28, 30, Part V, [Section 49 to 56 F (both
inclusive), Section 57], Part VIII, except sub-section (8)
of section 61, and Part IX.
(2) The aforesaid sections and Parts shall, for the pur-
poses of this Part, be subject to the following modifications,
namely :
(i) In section 16 before the word "any" prefix the
words |
"Subject to any rights recorded in the Record-of
rights prepared or revised as hereinafter pro-
vided."
() In section 17 before the word " any," prefix the
words "Subject as aforesaid ".
(iii) In section 21 for clause (rf), the following shall be
substituted, namely :
"(d) To have a supply of water on such terms as
may be prescribed in the Record-of-rights pre-
pared or revised as hereinafter provided."
(iv) To section 22 the following proviso shall be added,
namely :
"Provided that no such private arrangement shall
affect any rights to water recorded in the Record-
of-rights prepared or revised as hereinafter pro-
vided."
(v) In section 30 for the words "every agreement
for" the words "all rights to" shall be substituted,
OF 1879] Bombay Irrigation Act % 1879 139
and in the same section after the word "property"
the words "which have been recorded in the Record-
of-rights prepared or revised as hereinafter provided"
shall be inserted. Paragraph 2 of the same section
shall be omitted.
(vi) In Part V, section 31, proviso clause (c) and the
last paragraph shall be omitted.
(vii) In Part V, section 34, the words "section 6, section
7" shall be omitted.
(viii} In Part IX, section 67, after the figures "48" the
words "and Part X" shall be inserted.
76. (i) As soon as possible after the expiry oi the period Framing of
fixed by the Collector under section 74, clause (c) 9 a Canal- ^ e ^ rd " of "
officer duly empowered in this behalf, who shall be a Revenue
officer not below the rank of a '[Mahalkari], shall inquire
into and settle claims to any right in the Second-class Irri-
gation Work, and shall record the extent of such right
and draw up in the form fiom time to time prescribed by
the 2 [State Government] an Irrigation Record-of-
rights so far as the same may be ascertainable from the
records of Government and the evidence of any person
likely to be acquainted with the same and any other docu-
mentary or oral evidence which the parties concerned or
their witnesses may produce.
(2) Such Record-of- rights shall contain the following
matters :
(a) the nature of the Second-class Irrigation Work
and any work subsidiary thereto,
(b) the lands irrigable therefrom,
(c) the custom or rule of irrigation,
(d) the rights to water and the conditions on which
such rights are enjoyed, and
(e) such other matters as the 2 [State Government]
may by rules prescribe in this behalf.
77. (i) For the purposes of the inquiries under section 76 Powers of
such Canal-officer may enter, by himself or any officer Canal officer,
authorised by him for the purpose, upon any land adjacent
to any such work, and may survey, demarcate and make a
map of the same.
(2) Notwithstanding anything contained in section 76
where no sufficient evidence is forthcoming as to all or any
of the matters specified in that section such Canal-officer
shall, so far as may be, settle and record the aforesaid matters
in such manner as he may deem fit.
78. The Record-of-rights prepared under section 76 may Revision of
be revised from time to time by a. Canal-officer duly em- & ec o r d ' of "
powered in that behalf, who shall be a Revenue officer not ng >"
below the rank of a ' [Mahalkari] .
1 This word was substituted for the word "Mamlatdar" by Bom. 13 of 1947, s. a.
The words "State Government" were substituted for the words "Provincial Government 1 *
by the Adaptation of Laws Order 1950.
140
Bombay Irrigation Act, 1879
[ACT vu
79. Where the Canal-officer who has prepared or revised
tion of rights. any Record-of-rights under this Part finds that, having
due regard to the maintenance or management of the Second-
class Irrigation Work, any right contained in the Record-
of-rights cannot continue to be exercised to the extent recorded
he shall (subject to such rules as the '[State Govern-
ment] may from time to time prescribe in this behalf) com-
mute such right wholly or in part, either by the payment
to the holder of such right of a sum of money in lieu thereof,
or by the grant of land, or in such other manner as he may
think lit ; and he shall revise the Record-of-rights accordingly.
Power of 80. In the event of a [the State Government] under-
1 [State] taking at their own cost any work whereby the supply of
Government water \ n an y Second-class Irrigation Work is increased
where works , , , J r , i i r
are under- beyond the amount of such supply at the time oi preparing
taken increas- or revising the Record-of-rights under this Part the ! [State
ing supply. Government] may, without prejudice to any rights so
recorded, direct that the rijjl.t 10 such surplus water shall
vest in 3 [the State Government] shall be applied as 2 [the
State Government] may deem fit and the Record-of-rights
shall be revised in accordance with such direction.
Publication
of Record-
of-rights.
8i. When any Record-of-rights has been prepared or
revised under this Part it shall be published in the language
of the district at the Mamlatdar's Office of the taluka in
which the work is situated and in every town and village
which in the opinion of the Collector is affected by such
* Record-of-rights.
Entries in 82. An entry in any Record-of-rights prepared or revised
the Record- under this Part shall be relevant as evidence in any dispute
of-nghts to as to t j ie matters recorded, and shall be presumed to be
be relevant ., , ' , * i r n
as evidence. true untl l the contrary is proved or a new entry is lawfully
substituted therefor :
Provided that no such entry shall be so construed as to
limit any of the powers conferred on the '[State Govern-
ment] by this Part.
Notice of 83. (i) In any suit or proceeding in \\hich an entry
Suit to be made in any Record-of-rights prepared or revised under
CM? 1 t t0 thC tn * s ^ art * s directly or indirectly called in question, the Court
shall, before the final settlement of issues, give notice of the
suit or proceeding to the Collector, and, if moved to do so
by the Collector, shall make the 2 [State Government]
a party to the same.
Suits against ( 2 ) Save as provided in sub-sectiori (i) no suit shall lie
aJState] against "[the State Government] in respect of anything
vernm . c j one ^y t j ie C o li ec tor, Canal-officer or any other person
* The words "State Government*' were substituted for the words" Provincial Government by
the Adaptation of Laws Order 1950.
a The words "the State Government 1 * were substituted for the words "the Provincial Govern-
ment", ibid.
3 The words "State Government" were substituted for the word "the Crown** for the pur-
poie of the Province, ibid.
OF 1879] Bombay Irrigation Act> 1897 141
acting under he orders of i[the State Government] in the
exercise of any power by this Part conferred on such Collec-
tor, Canal-officer or other person or on l [the State Gov-
ernment].
(3) Any suit or proceeding in which an entry made in Period of
any Record-of-rights prepared or revised under this Part is limitation,
directly or indirectly called in question shall be dismissed
(although limitation has not been set up as a defence) if it
has not been instituted within one year from the date of the
publication under section 81 of the Record-of-Rights, con-
taining the said entry, or if one or more appeals have been
made against any order of a Canal-officer with reference to
any entry in such Record-of-rights then from the date of
any order passed by the final appellate authority, as deter-
mined according this.
84. In every second-class Irrigation W r ork the following Obligation
repairs shall be performed by the persons on whom the to carry out
obligation to perform them is imposed by the next following P^ty repairs,
section, that is to say :
(1) The filling up of gmllies, ruts and holes especially
at the back of revetments, and all petty repairs
of a like nature essential for the safety of bunds of
tanks, channel-banks or other portions of the said
Second-class Irrigation Work.
(2) The prevention of the growth on such work of
prickly pear, young trees and other vegetation
endangering the safety or concealing the condition
of such work.
(3) The preservation of such bushes and grasses as have
been planted for the protection of the intrior water
slopes of such work.
(4) The clearance of silt from sluices, supply and distri-
buting channels.
(5) The clearance of waste weirs and waste channels.
85. The obligation to perform the repair prescribed by incidence of
the last preceeding section shall, with reference to any land obligation,
irrigated from such work, be deemed to be imposed jointly
and severally, in the case of unalienated land, on the occu-
pants of the land, and, in the case of all other land, on the
holders of the land, as defined in either case in the 2 Bombay
Bom. V of Land Revenue Code, 1879.
1879.
86. If any person on whom any \ -bligation is imposed with Power to
reference to any Second-class Irrigation Work by any of the enforce rights
provisions of this part fails to fulfil the obligation so imposed, a . nc * kl*ga-
or if any person infringes any right recorded in the Record- tlons *
of-rights prepared or revised as hereinbefore provided, the
Canal-officer may require him by notice to fulfil such obli-
gation or to desist from infringing such within a period
to be prescribed in the notice of not less than fifteen days,
The word "the State Government" were substituted for the word "Provincial
Government*' by the adaptation of laws Order 1950.
2 Supra.
14 2 Bombay Irrigation Act, 1879 [ACT vn OF 1879]
and in the event of failure may take such steps as may be
necessary for the discharge of the said obligation, or the
enforcement of the said right, and the amount of any expense
so incurred shall be a sum due to '[the State Govern-
ment] and recoverable as an arrear of land revenue.
Duty of Patel 87. It shall be the duty of the Patel of any village within
to report the limits of which any Second-class Irrigation Work or
failure to p Ort j on o f ^^ wor j c j s situated to report to the Mamlatdar
enect repairs. r . . . . r ., A ,
without unnecessary delay any failure or neglect to carry
out any of the repairs specified in section 84.
Public ser- 88. No suit, prosecution or other legal proceeding shall
vant and fo e maintained against any public servant or person appointed
^mn ^ f under this Part in respect of anything in good faith done or
pcraoiia pru~ t * ' , . i p I
tected from purporting to be done under the provisions thereol or the
legal proceed rules made thereunder.
ings.
Power to 89. The 2 [State Government] may, from time to
make rules, time by notification in the 3 [Official Gazette] and after
previous publication, make rules as to all or any of the
following matters :
(i) the manner of framing and revising the Record-
of-rights,
() the proceedings of any officer who under the
provisions of this Part is required to take action in
any matter,
(Hi} and generally to carry out the provisions of this
Part.
3 [PART XI]
SPECIAL PROVISIONS FOR CERTAIN LANDS IRRIGABLE BY
THE LLOYD BARRAGE CANALS
(Deleted by the Adaptation of Laws Order 1950)
TRAVANCORE IRRIGATION, ACT 1897
(1072)
Act III of 1807 (1072)
An Act to provide for the construction, repair and
maintenance of Irrigation Works and for the con-
servation and distribution of water for purposes
of Irrigation.
WHEREAS it is expedient to provide for the construction, Preamble.
repair and maintenance of Irrigation Works and for the
conservation and distribution of water for purposes of irri-
gation ; It is enacted as follows :
1. This Act may be called "The Irrigation Act of 1072" Short title
and it shall come into force on the 1st day of Chin^om 1073. and commen-
J ^ 9 IJ cement.
2. In this Act Definitions.
(i) The term "Irrigation Work" shall include
(a) all canals, channels, reservoirs and tanks which are Irrigation
intended or which are or may be used for the work *
supply or storage of water for agricultural purposes;
(b) all works, embankments, structures, supply and
escape channels connected with such canals, chan-
nels, reservoirs or tanks;
(c) all water-courses which are supplied with water
from such canal, channel, reservoir, or tank; and
(d) all drainage works, i.e., canals, channels, escape
channels from a canal, channel reservoir or
tank dams, weirs, embankments, sluices, groynes
or other works for the protection or benefit of
agricultural lands.
(2) The term "Major Irrigation Work" shall mean and Ma J r
include all works irrigating an area of land exceeding two Irri | ation
hundred acres. w
(3) The term "Petty Irrigation Work" shall mean and Petty
include all irrigation works irrigating an area of land not Irrigation
exceeding five acres. work
(4) The term "Minor Irrigation Work" shall mean and "
include all irrigation works other than Major and Petty lA r r rig i ati D
works as above defined. Work -
(5) The term "Irrigation Officer" shall mean an officer Irrigation
drawing a monthly salary of not less than thirty rupees Officer -
and appointed by Our Government to exercise control or
jurisdiction over any irrigation work or all irrigation works
in a specified area, or to distribute or to control the distri-
bution of water for irrigation purposes.
144 Travancore Irrigation Act, 1897 [ACT nr
Proprietor. (6) The term "Proprietor" means the owner of land and
includes the cultivator or person in actual possession of such
land.
Majority of (7) The expression "Majority of Proprietors" means
Proprietors. p ersons w ho own more than one-half of the acreage bene-
fited by an irrigation work.
Irrigation. (8) The term "Irrigation," with its grammatical varia-
tions shall include "drainage" with its corresponding varia-
tions.
Powers of 3. Our Government may, from time to time by notifica-
Irngation tion in the Gazette, invest any [*] officer either by name or
their ^ 1^1 ^Y virtue of his office [or any Board constituted under this
limits. Act or any member thereof] with all or any of the powers
or duties hereinafter conferred or imposed under this Act,
and shall declare the local limits within which such powers
or duties shall be exercised or performed.
Construction, 4. The construction, repair and maintenance of Petty
repair and Irrigation Works shall devolve upon the proprietors of the
benefited b y such works -
gation Works
to devolve
up:>n pro-
prietors bene-
fited.
Application 5. If the proprietors of lands benefited by a Petty Irriga-
p* *?! vlslori tion Work are unable to combine and carry out any repair
have. 1 ^repair or ^ ier work in connection with such work, or if, for any
of such work other reason, they desire to have such repair or work done
carried out by by Government, it shall be lawful for any of the proprietors
Government. j- o apply to the Division Peishkar to have such repair or
other work carried out by Government. The application
shall specify the name of the Irrigation Work, the work pro-
posed to be done to it, the area of lands to be benefited by
it and any other particulars which Our Government may
prescribe from time to time.
When Divi- 6. On receipt of the application referred to in the last
sion Peishkar sec tion, the Division Peishkar may, after satisfying himself
by making such enquiry as he may deem fit that the applica-
tion is bona fide and is agreed to by the majority of the pro-
prietors or should be complied with in the general interests
of the proprietors, cause an estimate to be prepared and
have the work carried out with the previous sanction of
Government.
Powers to 7. Our Government may, in consideration of the circum-
Government stances of the ryots and other matters, determine by Rules,
b* R^les^the ^ rom ti me to time, the terms on which the Minor Irrigation
terms "of Works in specified local areas may be constructed and
construction repaired.
and repair of
Minor Irri-
gation Works
in specified
areas.
Saving of Nothing in this section and in section 8 shalj apply to
localities where according to custom such works are carried
out or maintained by Government at their entire cost.
OF 1897] Travancore Irrigation Act, 1897 *45
8. In any local area in which the construction and repair Procedure of
of Minor Irrigation Works are not, according to custom or P * Y j s ' n
Rules passed under the last Section, undertaken by application "
Government at their entire cost, it shall be competent for for Minor
the Division Peishkar or other officer authorised by Our Irrigation
Government in this behalf, on the application of any pro- w r k in
prietor interested in a Minor Irrigation Work, to satisfy ot er cases '
himself after making such enquiry as he may deem necessary,
that the work mentioned in the application should be exe-
cuted in the interests of the majority of proprietors, and if
' so satisfied, to cause a plan and estimate of the work and a
specification of the lands which will be benefited thereby to
be prepared.
9. 1$ in any such area, the Division Peishkar or other When Divi-
officer aforesaid is satisfied that any Minor Irrigation Work Flon Peishkar
should be constructed or repaired and that the persons *^ h v t e
interested in such work have not made application owing application.
to the sparseness of the population or the circumstances of
the inhabitants or other sufficient cause, he may, on his own
motion, cause a plan, estimate and specification to be pre-
pared as in the preceding section.
10. The plan, estimate and specification made under Notice to
' the last two sections shall be forwarded to the Dewan, and P ut in ob J ec '
an abstract of the estimate and of the specification of the tlons '
lands likely to be benefited shall be published in the Gazette,
with a notice calling upon all persons concerned who may
have any objection to the work being done to put in their
objection before the Division Peishkar or other officer afore-
said who submitted the estimate, within a time to be specified
therein. The Division Peishkar or other officer aforesaid
shall hear and record the objections, if any, which may be
put in, and forward the same to the Dewan with his opinion.
11. If no objections have been put in, or if the majority When
of proprietors agree to the work, the estimate mav be sane- Government
tioned and the work carried out at Government cost. may ,
out the work.
In any case in which the majority of proprietors do not
agree, if it be found after duly considering their objections
that the work proposed should be executed in the interests
of the proprietors, the Dewan may order the work to be
carried out at the cost of Our Government.
[n-A. If, in the case of any accident being apprehended Accident to
or happening to any Petty or Minor Irrigation work, any any Petty or
work in the nature of an urgent repair is needed, failure to Minor Irri -
carry out or delay in carrying out which is likely to cause 3 atlon Work -
serious damage, the Division Peishkar, or any other officer
duly authorised in this behalf, may, notwithstanding any-
thing contained in sections 6 and 8 to 1 1, order the execution
of such work at the cost of Government.]
12. If the majority of proprietors interested apply to the Procedure of
Division Peishkar or other officer aforesaid, stating that any Division
Minor Irrigation Work should be constructed, restored or Peishkar on
repaired by Government and agreeing to repay the cost '
such officer shall, after giving notice to the other proprietors
investigate the matter, and if satisfied that the work applied
for should be constructed or repaired in the interests of
cultivation, shall submit a report to the Dewan. The report
146
Travancore Irrigation Act 1897
[ACT
to
Proprietors
benefited
and
maintain
Minor
Irrigation
Works con-
structed or
repaired at
Government
cost.
Irrigation
Officer to
report pe-
riodically on
condition of
such works.
shall specify the nature of the work, the area of land which
will be benefited by it, with the assessment thereon, a rough
estimate of the cost, the number of instalments in which the
applicants are willing to repay the cost, and such other
particulars as may be prescribed by the Dewan. The
Dewan may sanction the execution of the work on the terms
agreed to by the applicants.
13. When any Minor Irrigation Work has been constructed
or completely restored or repaired at the cost, wholly or
partly, of Government, it shall be the duty of the proprietors
of lands benefited by such work to maintain it, i.e. to keep
it at the level of efficiency at which it was when the con-
struction, restoration or repair was completed. -
A list of all works constructed, or completely restored, or
repaired under this section shall be published in the Gazette
in the first month of every official year.
14. It shall be the duty of the Irrigation officer to periodi-
cally inspect all the Minor Irrigation Works falling under
the last section and report to the Division Peishkar or other
Officer to whom he is subordinate, the condition of these works.
The Division Peishkar or other officer aforesaid may, on
being satisfied from such report or from other reliable
information that the proprietors concerned have failed to
maintain the work or have maintained it unsatisfactorily,
published a notice calling upon the pioprietors of lands
benefited by the work to carry out the necessary work within
a prescribed period or to show cause why they should not do
so. The publication of the notice shall be by beat of tom-
tom in the village in which the Irrigation Work is situate
and by posting copies thereof in some conspicuous places
in such village and in the Proverthi and Taluk Cutcherries.
Necessary 15. If, as required by the notice mentioned in the last
works may section, the proprietors fail or refuse to execute or satis-
out'at factorily execute the work or to satisfy such officer that such
Government work should not be carried out, the Division Peishkar or
cost on pro- other officer may, subject to such Rules as may be issued by
prietors'Our Government in regard to funds and the agency to
ai ure * execute such works, cause the work to be carried out at
Government cost.
16. The cost of any work executed under Section 6, 11,
[ii-A], 12 and 15 shall be a first charge on the lands bene-
fited by such work and shall be received pro rata from such
lands as arrears of public revenue in such equal yearly instal-
ments not less than five, as may be fixed by Our Government
from time to time.
Our Government may remit, in whole or in part, the
cost of any Petty or Minor Irrigation Work, recoverable
under the first para, of this section.
17. The construction, repair and maintenance of all
Major Irrigation Works shall devolve on our Government.
Cost of works
executed
under Sec-
tions 6, u,
ii-A, 12 and
15 to be first
charged on
lands bene-
fited.
Construction,
repair and
maintenance
of Major
Irrigation
Works to
devolve on
Government.
OF 1897] Travancore Irrigation Act, 1897 *47
1 8, Notwithstanding anything hereinbefore contained, Ou r Power to
Government may levy a cess on any area benefited by an Government
Irrigation Work, Major or Minor, constructed, restored or vy ces
repaired, after the passing of this Act, wholly at the cost of
Government, provided that the total amount of such cess
shall not exceed 6 per cent interest on the total outlay incur-
red, and provided also that, in the case of a Minor Irrigation
Work, the cess shall absolve the ryots interested from pay-
ment of their portion of the cost of such work where such
payment is otherwise leviable, and also from the duty of
maintaining die work under section 13.
19. Any person desiring the construction of a new Irriga- Application
(ion Work for irrigating his land may apply in writing to the f ? r constru <>
Division Peishkar Stating- ' ^ ^
tion Work.
(1) that he has been unable to come to terms with the
owners of the land on which such work has to be
constructed or through which it will pass;
(2) that he desires the Irrigation officer, in his behalf
and at his cost, to do all things necessary for
acquiring a right to so much of the said land as
will be necessary for such Irrigation Work; and
(3) that he is able to defray all costs involved in acquiring
such land and constructing such work.
If the Division Peishkar considers
(a] that the construction of such work is necessary, Procedure of
,.. . . .. Division
(/>) that the statements in the application are true, Peishkar
thereupon.
he shall call upon the applicant to make such deposit as
he considers necessary to defray the cost of the preliminary
proceedings and 'the amount of any compensation which he
may consider likely to become due, and upon such deposit
being made, he shall, after due enquiry, mark out the land
which in his opinion it will be necessary to acquire for the
construction of the work and shall give notice of the same
to the owner of such land. The noiice shall also be published
in the Gazette and in the village in which the land is situate.
Within thirty days from the date of the above Objection to
notice, the owner or any other person interested in the land construction
or in the Irrigation Work to which the notice refers shall to ^. ^
apply to the Division Peishkar by petition stating his objection
to the construction for which application has been made.
The Division Peishkar shall consider the objection and such
evidence as may be adduced by both parties or as he may
himself call for, and pass an order in writing stating the
grounds of such order.
If the order be that the application is reasonable and
should be granted, the land marked out may, with the
previous sanction of the Dewan, be acquired under the Land
Acquisition Act.
148
Condition
to be com-
plied with
previous to
Travancore Irrigation Act, 1897
20. No 'such applicant shall be placed in occupation of
such land until he has paid to the person named by the
officer assuming the land, the amount of compensation
[ACT in
giving occu- awarded and any damage occasioned by the marking out
and occupation of such land together with all expenses
incidental to such occupation.
If such amount is not paid, the same may be recovered
as if it were an arrear of the land revenue.
pation of
land.
Conditions
binding to
secure con-
tinuance of
occupation.
Land for
the extension
of Irrigation
Work to be
obtained
under same
procedure.
Procedure on
failure to
contribute
cost or
labour for
work TO be
done bv
joint labour.
21. When any such applicant is placed in occupation of
any land, the following conditions shall be binding on him:
fi) The land shall not be used for any purpose other
than such 1 motion Work, except wjth the special
sanction of Government.
(2) The work shall be completed to the satisfaction of the
Division Peishkar within such period after the
occupation of the land is given to the occupant
as may be determined by such officer.
(3) The applicant or his representative in interest shall*
pay the- tax due on such land.
If any of these conditions is not complied with, the right
of the applicant or his representative in interest to occupy
such land or \vork shall cease absolutely :
Provided that the liability to pay tax shall continue until ^
the applicant or his representative in interest has restored
the land to its original condition.
22. The provisions of section* 19, 20 and 21 shall, so far
as may be, apply to applications for land required for the
extension or alteration of an existing Irrigation Work.
23. Whenever, by local custom, any work lor purposes
of agriculture should be done by the joint labour or cost
of the proprietors of all the lands benefited by such work
if any of such proprietors fails or neglects to do his share
of the work or contribute his share of the cost or labour,
it shall be lawful for the Division Peishkar [or any officer
specially authorised in this behalf] on the application of a
reasonable number of proprietors interested in such work
or injured by such failure or neglect, to investigate th
matter and pass such order as he deems fit. If the order
directs that the defaulting proprietor shall execute a portion
of the work, it shall distinctly specify the portion of the work
to be executed, the time within which it should be done
and the estimated cost of such work. On the defaulting
pjoprietor refusing or failing to execute the work within the
time prescribed in the order, the cost of the work may be
recovered from such defaulter as arrears of land revenue and
thr work executed under the orders of the Division Peishkar
[or such officer as aloresaid.]
Illustration. The putting up of ring-bunds or draining of
water in Punja Padoms in Kuttanad are works contem-
plated in this section.
OF 1897] Travancore Irrigation Act, 1897 X 49
24. Whenever it shall appear to the Irrigaiion officer I abourers
that there is imminent danger of the embankment of any m ^f ^
tank, canal or channel or other Irrigation, Work being ** cVop^rate
breached and of a destructive inundation being caused in pi eventing
thereby which may be prevented by a large body of labourers or repairing
immediately working together to strengthen the embank- k rcarh f sin
i i L u u u u j tne embank-
ment or other work, or, when such breach has occurred, mcnls O f anv
if it shall appear to such officer that it can be repaired and tank canal '
inundation caused by it be stopped, by the immediate em- &c.
ployment of a large body of labourers for that purpose, it
shall be lawful for such officer to call upon all able bodied
male persons of the labouring classes of the Proverti or Pro-
Vertis in the vicinity to co-operate in the work necessary for
preventing or repairing the breach, as the case may, be.
In the absence of the Irrigation officer, it shall be lawful
for the local Tahsildar or Proverticar to make such requisition
in his stead.
25. Every person who shall be employed on such work Rates of re-
under such requisition shall be paid for Ins labour by day numeration
at the highest rate paid in the neighbourhood for similar
work, and, if he is required to work at night, at double
such rate.
26. It shall be lawful for the Irrigation officer or, in his Inhabitants
absence, the local Tahsildar or Proveiticar, to make requisi-
tions upon the inhabitants in the vicinity for the supply
of materials, to wit, trees and leaves, bamboos, straw and O i matenals.
the like, necessary for the purposes mentioned in section 24,
and to seize and, if necessary, to cut down such articles
wherever they may be found, giving receipts for them in
writing.
Such supplies shall be paid for at the highest prices for Supplies how
which such supplies are sold in the neighbourhood. * hc P au *
And in case damage is sustained by any person in conse-
quence of the cutting down of any such articles, compensa-
tion shall be made for such damage.
27. The distribution of the water of all Irrigation Works Distribution
constructed, repaired or maintained by Government at ^, or ^ ater CO n.
their cost, whether wholly or partly, shall be regulated by strutted at
such Rules or orders as may be prescribed or issued by Our Government
Government, from time to time. cost to , bc
regulated by
_ , . . i . r t Government.
28. Whoever without proper authority does any of the A .
r 11 ^^u^-x Acts punish-
followmg acts, that is to say able under
(1) injures, alters, enlarges or obstructs any Irrigation
Work ;
(2) interferes with, increases or diminishes the supply
of water in, or the flow of water from, through,
over or under any Irrigation Work ;
(3) interferes with or alters the flow of water in any
Irrigation Work so as to endanger, injure or render
less useful any such work ;
150 Travancore Irrigation Act, 1897 [ACT in
(4) being responsible for the maintenance of or using
an Irrigation Work, causes, or occasions waste
of the^water in such Irrigation Work or interferes
with the authorised distribution of the water
therefrom, or uses such water in an unauthorised
manner;
(5) corrupts or fouls the water of any Irrigation Work
so as to render it less fit for the purposes for which
it is ordinarily used;
(6) being liable to furnish his own labour, fails or
neglects to furnish such labour ; or
(7) destroys or moves any level, mark or water-gauge
fixed by the authority of a public servant ;
shall be liable, on conviction before a Magistrate to a
fine not exceeding Rs. 50, or to imprisonment of either des-
cription for a period not exceeding one month, or to both.
Nothing in this section or section 29 shall apply to acts
done in respect of Irrigation Works which are exclusively
owned by individuals.
Power to 29. Any person in charge of an Irrigation Work or of the
arrest with- distribution of water from such work may take into custody
out warrant. w j t h O ut a warrant and take forthwith before a Magistrate
or to the nearest Police Station to be dealt with according
to law, any person who, within his view, commits any of the
following offences :
(1) wilfully injures or obstructs any Irrigation AVork,
or
(2) without proper authority interferes with the supply
or flow of water in or from any Irrigation W T ork.
Power to 30. Our Government may, from time to time, make
Government R u i es consistently with the provisions of this Act to regulate
Rules. the Blowing matters :
(1) The proceedings of any officer who, under the
provisions of this Act, is required or empowered to
take action in any matter;
(2) The cases in which, and the officers to whom, and
the conditions subject to which, orders and decisions
given under any provisions of the Act shall be
appealable;
(3) The persons by whom, the time, place or manner
at or in which, anything for the doing of which
provision is made in this Act shall be done; and
generally to carry out the provisions of this Act; and
(4) The number of instalments in which the cost of
Petty and Minor Irrigation Works may be recovered,
and the circumstances under which remission of
such cost may be granted under section 16.
Such Rules shall, when published in the Gazette, have
the force of law.
OF 1897] Travancore Irrigation Act, 1897 151
31. No action shall lie against Government for not com- Bar of action
plying with the application of ryots for the construction,
repair, improvement or restoration of any Irrigation Work.
overnmcm
[32. (i) Our Government may, by a Notification in Our Constitution
Government Gazette, constitute Boards for any local area <>f Irrigation
for regulating the distribution of water of any Irrigation 5? . *' f
** i * i i -r *.T, 7 i /- Ineir funo
Work, for keeping the Irrigation Work or any part thereof t i ons . p owe r
in repair and for other purposes, as may, from time to time to tnakc
be prescribed by Government by Rules made under this Rules.
. Act.
-(2) Our Government may, by a like Notification^ dissolve
any Board constituted under sub-section (i).
(3) For the discharging of its functions, any Board consti-
tuted under sub-section (i) may, with the previous sanction
of Government, levy a cess on the lands benefited.
(4) Our Government may from time to time make Rules
a? to
(a) the number of elected and nominated ipembers
for each Board;
(b) the term of office of the members of the Board;
(c) the qualification and registration of electors, the
time and mode of election and any other matter
connected with election ;
(d) the dissolution or supersession of Boards and the
consequences of such dissolution or supersession;
(e) the powers and duties of the Boards;
(/) the conduct of business at their meetings;
(g) the appointment and punishment of their servants;
(h) the rates at which the cess may be levied;
(i) the mode of realising such cess;
(j) the purposes for which the money collected may be
utilised ;
(k) the relations between two or more Boards; and
(/) all other matters necessary for carrying out generally
the purposes of this Act.
(5) All such Rules shall be published in Our Government
Gazette and thereupon they shall have the force of law.]
THE BIHAR PRIVATE IRRIGATION
WORKS ACT, 1922 ' (AS MODIFIED
UPTO THE i6TH OCTOBER, 1952)
Bihar and Orissa Act V of 1922
WHEREAS it is expedient to 2 [ provide for the construction,
repair extension or alteration of certain kinds of irrigation
works and to secure their maintenance and] to regulate the
supply or distribution of water by means of such works and
to facilitate and regulate their construction, extension and
alteration ;
3 r* * * * * *j
It is hereby enacted as follows :
CHAPTER 1
PRELIMINARY
Short title i. (i) This Act may be called the *[Bihar] Private
and extent. Irrigation Works Act, 1922.
(2) The Act or any specified portion of it shall extend t o
such districts or parts of districts as may be specified in thj s
behalf by the s [ State Government] by notificationG.
Deanitions. 2. In this Act, unless there is anything repugnant in the
subject or context,
>[(j) 'Irrigation Engineer' means any person appointed
by the [ State Government] by notification to be Irrigation
Engineer for the purposes of this Act, either generally or in
respect of any existing or pioposed irrigation work specified
in the notification.]
i LEGISLATIVE PAPERS. For Statement of Objects and Reasons, s?e the Bihar and Orissa Gazette,
Extraordinary, dated the i6th March 1922, p. 18, for Report of the Select Committee, see ibid., 1922,
Pt. V, p. 189, and for Proceedings in Council sf Bihar and Orissa Legislative Council Debates, 1922,
Vol. IV, pp. 1767 and 1806, and Vol. V, pp. 224 and 25^..
LOCAL EXTENT. This Act takes effect in area* to which it is extended hy s. 1(2).
The application of the Act is barred in the Santhal Parganas, by the Santhal Parganas Settle-
meat Regulation 1872, (III of 1872!, s. 3(2), (Bihar and Orissa Code, Vol. I, 2nd Ed., p. 700), as
amended by the Santhal Parganas Justice and Laws Regulation, 1899 (III of 1899), s. 3, ibid, p. 748.
a These words in square brackets in the Preamble were substituted for the words "secure the
repair and maintenance of private irrigation works" by the Bihar and Onssa Private Irrigation Works
(Bihar Amendment) Act, 1939 (Bihar Act X of 1939), s. 2.
3 The second paragraph of the Preamble was omitted by ibid.
4 The word "Bihar" was substituted for the words "Bihar and Orissa" by ibid., s. 3.
5 These words were substituted for the words "Provincial Government" by the Adaptation of
Laws Order, 1950.
6 The Act has been extended to the districts of Patna, Gaya, Shahabad, Saran*
Champaran, Muzaffarpur, Darbhanga, Monghvr, Bhagalpur, Purnea and Palamau, see the Bihar and
Orissa Local Statutorv Rules aud Orders, Vol. I, Pt. VII and notification No. 357-R.R., dated the
5th September 1939, in Bihar Gazette, 1939, Pi- H. p. 781.
7 Clause (i) was inserted by the Bihar and Orissa Private Irrigation Works (Bihar Amendmen
Act, 1939 (Bihar Act X of I939)> s - 4-
8 Substituted by Act XXXVII of 1950.
15*
The Bihar Private Irrigation Works Act, 1922 153
1 [( 2 )] "irrigation work" means any means or work
constructed, altered or maintained artificially for the purpose
ot securing the supply, removal or storage of water for irri-
gation purposes, and includes
(a) any part of any such means or work;
(b) any water-course, channel or reservoir for the supply,
removal or storage of water for irrigation purposes;
(c) any work, embankment, structure or supply or
escape channel connected with any such water
course, channel or reservoir; 2
(d) a head work, dam, weir, outlet, escape and sluice;
but docs not include
(z) any such means or work which has been
brought under the control of the Govern-
ment under the provisions of any other Act
for the time being in force,
3[ ] and
[ 4 (e) a well which is or may be used for irrigation pur-
poses; and]
i [(3)] "landlord" means a person immediately under
whom a tenant holds, and includes the 5 [Government and
a proprietor, but does not include a village headman or a
raiyat;
1 [(4)] "prescribed" means prescribed by rules under
this Act;
x [,(5)] "proprietor" means a person who is solely or
jointly in possession of an estate or revenue-free property,
or of any portion of an estate or revenue-free property, as
owner thereof, whether in trust or for his own benefit, and
whether or not he is recorded as the proprietor thereof; and
i [(6)] "tenant" means a person who holds land under
another person and is, or but for a special contract would
be, liable to pay rent for that land to that person, but does
not include an under-raiyat.
i Original clauses (i), (2), (3), (4) and (5) were renumbered (2), (3), (4), (5) and (6)
respectively by the Bihar and Orissa Private Irrigation Works (Bihar Amendment) Act, 1939 (Bihar
Act X of 1939), (1.4).
a Omitted by Act XXXVII of 1950.
3 Omitted by ibid.
4 Inserted by ibid.
5 The word "Crown" was substituted for the word "Government" r by paragraph 3 and Sch.
VII of the Government of India (Adaptation of Indian Laws) Order, 1937.
154 The Bihar Private Irrigation Works Act, 1922 [ACT v
CHAPTER II
REPAIR AND IMPROVEMENT OF IRRIGATION WORKS
Issue of noti- 3. Whenever it appears to the Collector l [* *]
ccs by Collec-
tor for repair /^ t kat the repair of an existing irrigation work is neces-
of existing IT- x ' o *, i ~ r MI 11
rigation work sar Y * or tne benefit of any village or local area
or construe- within the district and that the failure to repair
tion of new such irrigation work adversely affects or is likely
to affect adversely, the lands which are dependent
thereon for a supply of water, or
(b) that it is desirable for the purpose of settling or
averting disputes or preventing waste of water or
injury to land by the wrongful or undue diversion
of a stream or channel that any sluice, weir, outlet,
escape, headwork, dam or other work should be
constructed in any irrigation work, in order to
regulate the supply or distribution of water for
irrigation purposes,
he may, if satisfied that the matter is of sufficient impor-
tance to justify his intervention,
(f) cause in the prescribed manner a notice to be served
on the landlord of the land in which the irrigation
work is situated and public notice to be given at
convenient places in every village in which the
irrigation work is situated stating that he intends
to take action under this Chapter ior the repair
of the said work or for a f extending or altering
it in any of the ways specified in clause (b)], and
specifying the date on which the inquiry under
section 4 will be held, and
(if) serve a notice in the prescribed manner on every
person known or believed to be under an obliga-
tion to maintain the irrigation work in an efficient
state, calling on him to show cause on the date
specified in the notice why he should not be required
to repair the said work or [extend or t alter it as
aforesaid] :
4 [Provided that if the Collector is of opinion that any
extension or alteration of an existing irrigation work of a
nature specified in clause (b) is likely to cost more than two
thousand five hundred rupees, he shall, before issuing any
notice under clause (i) or (), request the Irrigation Engineer
to prepare a plan and estimate of the costs of such extension
or alteration.]
1 The words "from the statement of, or from information received from, any interested ptrson*
in i. 3 were omitted by the Bihar and Orissa Private Irrigation Works (Bihar Amendment) Act, 1939
(Bihar Act X of 1939)* s - 5
2 These words in square brackets in s. 3(1) were substituted for the words "the construction of
an addition thereto by ibid.
3 These words in square brackets in s. 3 (') were substituted for the words "construct the
proposed addition thereto" by ibid.
4 This proviso wai added to s. 3 by ibid.
OF Igaa] The Bihar Private Irrigation Works Act, 1922 155
4. On the date stated in the notices issued under section 3, Inquiry by
or on any other date to which the proceedings may be ad- Cdkctor.
journed, the Collector shall hold an inquiry and shall hear
the persons on whom the notices have been served (if they
appear) and any other persons affected or likely to be affected
by the order who may attend ; and may take down in writing
any evidence that he may think fit regarding
1 [(a) the necessity for repairing, extending or altering
the said irrigation work,]
(b) the nature of the works required for such repair,
2 [extension or alteration,]
(c) the obligation to maintain the irrigation work in an
efficient state and the reasons why the person under
such obligation has failed to repair it, and
3 [(d) the probable cost of the proposed work of repair,
extension or alteration.]
5. ( i ) If, after making an inquiry under section 4, the Power of
Collector is satisfied that the state of disrepair of the irriga- Collector to
tion work is such 4 [as materially affects or is likely to affect order re P air
materially] the irrigation of the lands which are dependent c ns
thereon for a supply of water, or that 5 [any extension or
alteration of such irrigation work] is necessary for the purposes
specified in clause (b) of section 3, he shall issue an order in
writing 6 [requiring that the proposed work of repair,
extension or alteration shall be carried out
(a) by one or more of the persons on whom notices
under clause (if) of section 3 have been served
and who agrees or agree to carry out the said work,
or
\b] by any such agency as he thinks proper, if, for
reasons to be recorded by him, he considers that
there are adequate reasons why any person men-
tioned in clause (a) should not be entrusted with
the carrying out of the said work :
Provided that the Collector shall, if he is satisfied that
the cost of carrying out the proposed work of repair, exten-
sion or alteration will be prohibitive, pass an order declaring
that such work shall not be carried out :
Provided further that in the case of any extension or alter-
ation of an existing irrigation work of a nature specified
in clause (b) of section 3, the Collector shall not issue any
order authorising any person or agency to carry out the
1 This clause was substituted for the original clause (a) by the Bihar and Orissa Private Irriga-
tion Works (Bihar Amendment) Act, 1939 (Bihar Act X of 1939), s. 6(i)
2 These words were substituted for the words "or addition" by ibid. t s. 6(u).
3 This clause was substituted for the original clause (d) by the Bihar and Orissa Private
Irrigation Works (Bihar Amendment) Act, 1939 (Bihar Act X of 1939), s. 6(m).
4 These words in square brackets in s. 5(1) were substituted for the words "as materially
to effect" by ibid., s. 7(i)(t).
5 These words in square brackets in s. 5(1) were substituted for the words "any addition to
it" by ibid.
6 These words brackets, figures and letters in square brackets in s. 5(1) were substituted for
the words brackets and figures "requiring any person on whom a notice under clause (it) of
section 3 has been sei ved to carry out the required work of repair or construction in the manner and
Ivithin the time specified in the order" by ibid.
156 The Bihar Private Irrigation Works Act, 1922 [ACT v
said work, until the Collector has obtained the previous
sanction of the prescribed authority if the estimated cost
exceeds ' [five thousand rupees] but does not exceed ten
thousand rupees, or the previous sanction of the Provincial
Government if such cost exceeds ten thousand rupees].
(2) Every order made under sub-section (i) shall specify,
as closely as may be practicable, the nature of the work to
be done, 2 [* *] the estimated cost of executing it
3 [and the manner in which and the time within which
it shall be executed].
4 [(s) ( a ) ^ an y person required by the Collector under
clause (a) of sub-section ( i ) to carry out any work of repair,
extension or alteration fails to do so in the manner and
within the time specified in the order or within such further
time (if any) as mav be allowed by the Collector in writing,
the Collector may impose on him such pecuniary penalty
as he thinks proper in all the circumstances of the case.
(b) Such penalty shall be recoverable as a public demand
5 payable to the Collector.]
iiTcmergen- 6 \5^' (0 Notwithstanding anything to the contrary
cies. contained in this Act, whenever the Collector, for reasons
to be recorded by him, is of opinion that the delay in the
repair of any existing irrigation work which may be occa-
sioned by proceedings commenced by a notice under section 3
adversely affects or is likely to affect adversely lands which
are dependent on such irrigation work for a supply of water,
he may forthwith cause the repair of such irrigation work
to be begun by any one or more of the persons mentioned
in clause (zz) of section 3 or by such agency as he thinks
proper :
Provided that the Collector shall cause public notice to
be given at convenient places in every village in which the
irrigation work is situated stating that the work mentioned
therein has already been begun.
(2) When any such work has been completed, the Collector
shall cause notice to be given in the manner aforesaid stating
that the work mentioned therein has been completed.
Application 56. ( i ) Any person who has sustained any loss by any-
for compen- thing done by the Collector or bv any person acting undei
^ocedure^n the orders f tne Collector under sub-section (i) of section 5A
?eceipt UrC of ma y ma ^e an application to the prescribed authority for
such applica- compensation for such loss and for an order directing the
tion. restoration of the land or the irrigation work to its former
condition.
1 The word "and" was omitted by the Bihar and Orissa Private Irrigation Works (Bihar
Amendment) Act, 1939 (Bihar Act X of 1939), s. 7(1) ().
2 These words in square brackets in s. 5(2) were substituted for the words "provided that no
such order shall be made if such cost exceeds two rupees per acre of the area benefited or likely to be
benefited by the said work" by ibid.
3 This sub-section was added to s. 5 by ibid., s. 7(2).
4 As to the recovery of public demands, see the Bihar and Orissa Public Demands Recovery
^Act, 1914 (B. & O. Act IV of 1914), in Bihar and Orissa Code, Vol. Ill, 2nd Ed., p. 171.
5 Sections 5A and 56 were inserted by the Bihar and Orissa Private Irrigation Works (Bihar
Amendment) Act, 1939 (Bihar Act X of 1939), s. 8.
6 These words, brackets, figures and letters in square brackets in s. 5(1) were substituted for
the words, brackets and figures "requiring any person on whom a notice under clause (it) of
section 3 has been served to carry out the required work of repair or construction in the manner and
within the time specified in the order" by ibid.
OF 1922] The Bihar Private Irrigation Works Act, 1922 157
(2) No such application shall be entertained unless it is
made before the expiry of one year from the date on which
the notice under sub-section (2) of section 5 A is given.
(3) If the prescribed authority entertains any application
made under sub-section (i), it shall make such inquiry as
it thinks fit and, if it is satisfied that anything done by the
Collector under sub-section (i) of section 5A was not, in
all the circumstances of the case, desirable and that the
applicant has, as a result of such act, sustained any loss,
it shall assess in the prescribed manner the compensation
which, in its opinion, the applicant is entitled to receive
and shall further pass an order directing the Collector to
cause such land or irrigation work, so far as any alteration
thereof shall appear not to have been desirable in all the
circumstances of the case, to be restored at the expense of
the ' [State] Government as nearly as possible to the state
in which such land or irrigation work was when the Collector
commenced to act under the provisions of section 5A.
(4) The amount assessed by the prescribed authority as
compensation under sub-section (3) shall be payable by the
Provincial Government.]
6. If any person required 2 [under clause (a) of sub-section Delegation
( i ) of section 5 or sub-section ( i ) of section 5A] to carry out by Collector
any work of 3 [repair, extension or alteration] fails to do ^^ n j
so in the mariner and within the period specified or within cons truct.
such further period (if any) as may be allowed by the Collector
in writing, the Collector may, subject to any rule under
section 40, by a written order, authorize any 4 [agency]
to carry out the said work in the manner and within the
period specified in the order.
5 r * * * * * j
7. (i) When any work of 6 [repair, extension or alteration] Recovery of
has been carried out by any person in pursuance of an order cost of work.,
made 7 [under clause (a) of sub-section (i) of section 5 or
under section 5 A], he may apply to the Collector for the
recovery of the cost of the said work.
(2) On receipt of such application, the Collector shall
(a) take such steps as he may consider necessary to
satisfy himself that the cost has actually been incurred
and that the work has been constructed in the
manner and within the period specified in the
order or within such further period (if any) as he
may have allowed or decided to be reasonable; and
1 These words, brackets, figures and letters in s. 6 were substituted for the words and figures
"under section 5" by the Bihar and Orissa Private Irrigation Works (Bihar Amendment) Act, 1936
(Bihar Act X of 1939), s. $(a).
2 These worcLs were substituted for the words "repair or construction" by ibid, s. (b).
3 This word was substituted for the words "other person whose land is benefited or likely to
be benefited thereby" by ibid., s g(c).
4- The proviso to s. 6 was omitted by the Bihar and Orissa Private Irrigation Works (Bihar
Amendment) Act, 1939 (Bihar Act X of 1939), s. g(d).
5 These words were substituted for the words "repair or construction" by ibid., s. io(fl).
6 These words, letter, brackets and figures in s. 7(1) were substituted for the wordt and
figures "under section 5 or under the authority of section 6" by ibid.
1 The word "State" was substituted for the "Provincial" by the Adaptation of Laws Order
1950-
158 The Bihar Private Irrigation Works Act, 1922 [ACT v
l \_(b) after considering the claim made by the applicant
and any explanation furnished by him, and after
disallowing any charge which he considers un-
reasonable and reducing any charge which he
considers excessive, determine
(i) the cost of the work payable to the applicant, and
(ii) the cost of any inspection which may have been
undertaken for the purpose specified in clause (a),
together with such costs as may have been
incurred in preparing any plan or estimate under
the proviso to section 3 and in issuing any notice
under any of the provisions of this Chapter.]
Power of Col- 3[8. (i) When the costs mentioned in clause (b) of sub-
lector to ap- section (2) of section 7 have been determined, the Collector
portion cost. s j ia jj a pp Ort i on t h e same i n the manner laid down in section 10:
Provided that the amount apportioned in respect of the
costs determined under sub-clause (ii) of the said clause (b)
shall not exceed five per centum of the costs determined under
sub-clause (i) of the said clause (b).
(2) When such apportionment has been made, the Collector
shall make an award
(i) specifying the person or persons by whom each
sum so apportioned is payable; and
(ii) athorizing the applicant to recover as a public
demand the sum so apportioned in respect of the
cost mentioned in sub-clause (i) of clause (b) of
sub-section (2) of section 7 from the person or
persons liable to pay the same with interest at six
and a quarter per centum per annum:
Provided that no interest shall be payable if such sum is
paid within a period of thirty days after the service of the
notice referred to in sub-section (3) upon the person or
persons liable to pay such sum.
(3) The Collector shall cause to be served in the prescribed
manner on every person to whom any sum has been appor-
tioned, a copy of the award together with a notice specifying
the amounts payable to the applicant in respect of the costs
determined under sub-clause (i) of clause (b) of sub-section (2)
of section 7 and the amount payable to the Collector in
respect of the costs determined under sub-clause (ii) of the
said clause (b).
* J This clause was substituted for the original clause (b) by ibid., s. io(b).
Sub-section (3) was omitted by ibid, s. 10 (c).
3 This section was substituted for the original s. 8 by ibid., s. 1 1.
OF 1922] The Bihar Private Irrigation Works Art, 1922 159
(4) Any sum apportioned as aforesaid in respect of the
costs mentioned in sub-clause (M) of clause (b) of sub-section
(2) of section 7 shall be paid to the Collector by the person
or persons liable to pay the same and shall be recoverable
as a public demand payable to the Collector.]
9. (i) When any work of repair, 2 [extension or alteration] Account of
is carried out under 3 [clause (b) of sub-section (i) f ex P cn * es ">'
section 5, under section 5A or under section 6], an account ^ c "on 3" er
shall be kept of the actual expenses incurred and shall be
submitted to the Collector as soon as possible after the work
has been completed.
(2) The Collector may revise any account so submitted
to him if after making an inquiry he considers it necessary
to do so.
10. 4 [When any work of repair, extension or alteration Charging and
has been carried out by any agency mentioned in clause (b) apportion-
of sub-section (i) of section 5, under section $A or under n ^ ent of ex "
section 6, the Collector shall, after making such inquiry
and giving such notice as he thinks fit, apportion the expenses
incurred in carrying out any of the said works, including
expenses incurred in preparing any plan and estimate of
costs under the proviso to section 3, in supervising such work
and in issuing any notice under any of the provisions of this
Chapter, amongst the person or persons liable to pay the
same in such proportions as may seem to him to be fair and
equitable, and in making such apportionment, he shall have
regard to the following considerations]
(a) the obligation under which any person may be to
maintain the irrigation work in an efficient state,
and the reason for the failure of such person so to
maintain it,
(b) the benefit which is likely to result from the work of
repair or construction, and
(c) any other considerations which in the circumstances
of the case he may deem it fair and equitable to
take into account :
5 [Provided that the amount to be apportioned in
respect of the expenses incurred in preparing any
such plan and estimate, in supervising such work
and in issuing any such notice shall not exceed
five per centum of the expenses incurred in such
repair, extension or alteration].
1 As to the recovery of public demands see the Bihar and Orissa Public Demands Recovery
Act, 1914 (B. & O. Act IV of 1914), in Bihar and Orissa Code, Vol. Ill, 2nd Ed., p. 171.
2 These words were substituted for the words "or construction" by the Bihar and Orissa Private
Irrigation Works (Bihar Amendment) Act, 1939 (Bihar Act X of 1939), s. 12.
3 These words, figures, brackets and letters in s. 9 (i) were substituted for the word and figure
"section 8" by ibid.
4 These words, brackets, letters and figures in s. 10 were substituted for the words and figure
"The Collector after making such further inquiry and giving such further notice, if any, as may be
prescribed in this behalf shall charge or apportion the expenses incurred in repairing or constructins
an irrigation work under section 8 to such person or among such persons, whether landlords or
tenants, in such proportions as may seem to him to be fair and equitable, and in making such charge
or apportionment shall have regard to the following considerations" by the Bihar and Orissa Private
Irrigation Works (Bihar Amendment) Act, 1939 (Bihar Act X of 1939), s. 13(1).
3 This proviso was added to s. 10 by ibid., s. 13(2).
i6o The Bihar Private Irrigation Works Act, 1922 [ACT v
Collector's ii. (i) When any '[* * *] apportionment
award as to h as been 2 [made] under section 10, the Collector shall
an order (hereinafter called the award] specifying
(a) the person or persons by whom each sum so 3 [* *]
apportioned is payable;
(h) the amount payable by each such person;
4 [(^) the instalments fixed for the payment of such
amounts : provided that in fixing such instal-
ments, the Collector shall act in accordance
with such general or special order as may
be issued by the State Government in this
behalf;]
(d) the dates for the payment of such instalments.
sr* * * * *"]
6 [(s) The Collector shall cause to be served in the pres-
cribed manner on every person to whom any sum has been
apportioned, a copy of the award together with a notice
specifying the amount payable to the applicant in respect
of the costs determined under sub-clause (i) of clause (b) of
sub-section (2) of section 7 and the amount payable to the
Collector in respect of the costs determined under sub-clause
(ii) of the said clause (b).]
Recovery of I2 All sums payable under 7 [section 11] shall be reco-
cost as a verable as 8 [public demands 9 payable to the Collector].
public de-
mand.
CHAPTER III
MAINTENANCE OF IRRIGATION WORKS BY GOVERNMENT
AGENCY
Issue of *3 Whenever it appears to the Collector that an irrigation
notice by work which has been repaired previously under Chapter II
Collector for h as f a ll en into disrepair to the detriment of any land
^Trrigadon for the benefit of which such work was constructed, he may
work. cause
(i) a notice to be served on the landlord of the land in
which the irrigation work is situated, and on every
person known or believed to be under an obligation
to maintain such work in an efficient state, and
1 The words "charge or" in s. 11(1) were omitted by the Bihar and Orissa Private Irrigation
Wrks (Bihar Amendment) Act, 1939 (Bihar Act X of 1939), s. 14(0).
2 This word was substituted for the word "declared" by ibid.
3 The words "charged or" were omitted by ibid.
4 This clause was substituted by Act XXXVII of 1950.
5 The words "provided that
(i) not less than one nor more than five instalments shall be payable by any one person in
any one year, and
(it) the amount to be paid in one year shall not exceed twelve annas per acre of the area
benefited" in clause (d) of section n were omitted by ibid.
6 This sub-section was substituted for the original sub-sections (2) and (3) by ibid., s. 14(6).
7 The word and figures "section u" in s. 12 were substituted for the words and figure*
"sections 7 and 1 1" by ibid , s. 15.
8 These words in square brackets were substituted for the words "public demands" by ibid.
9 As to recovery of public demands, see the Bihar and Orissa Public Demands Recovery
Act, 1914 (B. & O Act IV of 1914), in Bihar and Orissa Code, Vol. Ill, 2nd Ed., p. 171.
OF 1922] The Bihar Private Irrigation Works Act, 1922 161
() public notice to be given at convenient places in
every village in which such work is situated,
stating that he proposes to take over and maintain the said
work under this Chapter, and calling on any person who
may be concerned to show cause on the date specified in the
notice why such action should not be taken.
14* On the date specified in the notice issued under section Inquiry by
13 or on any other date to which the proceedings may be Collector,
adjourned, the Collector shall hold an inquiry and shall
hear the persons on whom the notice has been served (if
they appear) and any other persons, whose land is irrigated
from the said work, who may attend; and may take down
in writing any evidence that he may think necessary regard-
ing
(a) the necessity for taking over $nd maintaining such
work;
(b) the probable cost of maintenance of such work; and
(c) the obligation to maintain such work in an efficient
state, and the reasons why the person under such
obligation has failed to repair it.
15, (i) If after making an inquiry under section 14, the Power of a
Collector is satisfied that the state of disrepair of the irrigation Collector *<>
T . , , r . ,, i- IM i ^ j- take over ana
work is such as '[materially prejudices or is likely to prejudice m a j n t a i n
materially] the irrigation of the lands which are dependent irrigation
thereon for a supply of water, and that the person responsible work, and to
for its maintenance is not likely to keep it in an efficient rell n<l ulsh *
, . , . J ..*,.. i .1 control ana
state, he may issue an order in writing directing that the maintenance.
work shall be taken over and maintained 2 [by the State
Government] :
Provided that
3f* * * * *1
4 [(0)] if the annual cost of maintenance, as estimated,
exceeds one thousand two hundred and fifty rupees
but does not exceed five thousand rupees the
previous sanction of the 5 [prescribed authority]
shall be obtained, and
1 These words in square brackets in s. 15(1) were substituted for the words "materially to
prejudice" by the Bihar and Orissa Private Irrigation Works (Bihar Amendment) Act, 1939 (Bihar
Act X of 1939), s. i6(a)(i).
2 These words were substituted for the words "by Provincial Government" by Adaptation of
Laws Order, 1950.
3 Clause (a) of the proviso was omitted by the Bihar and Orissa Private Irrigation Works
(Bihar Amendment) Act, 1939 (Bihar Act X of 1939), s. i6(a)(n).
4 The original clause (b) was re-lettered as clause (a) by ibid., s. i6(a)(iii).
5 These words were substituted for the word "Commissioner" by ibid.
1 62 The Bihar Private Irrigation Works Act, 1922
'[(A)] if the annual cost of maintenance, as estimated,
exceeds five thousand rupees, the previous sanction
of the 2 [State Government] shall be obtained.
(2) Such order shall specify the proportion of the cost of
maintenance to be paid by each person affected by the
order, and such apportionment shall be made in the manner
laid down in section 10.
(3) The Collector may authorize any person 3 [or agency]
to take over and maintain the irrigation work on behalf
4[of the State Government].
(4) After giving such notice as may be prescribed in this
behalf to the persons mentioned, and in the manner laid
down in section 13 the Collector may, for reasons to be
i ecorded by him in writing, order that on a date to be specified
in the notice the control and maintenance of the irrigation
work by or on behalf 4 [of the State Government]
shall cease ; and when such order has been made the provi-
sions of this Chapter shall, with effect fiom the said date,
cease to apply to the said work save after the issue of fresh
notices under section 13, but such order shall not affect the
liability of any person to pay any portion of the cost due
from him under sub-section (2), or the recovery of the same
under section 1 7, if the cost was incurred during the period of
such management and control.
Accounts of 1 6. (i) The person 5 [or agency] who takes over an
expenses in- irrigation work under section 15 shall keep accounts of the
curred. actual expense incurred in the maintenance thereof and
shall submit such accounts to the Collector at such intervals
6 [as may, from time to time, be fixed by the Collector].
(2) The Collector may revise any account so submitted
to him, if after making inquiry he considers it necessary to
do so.
Collector's 17. The Collector shall inform the persons liable under
recovery of 7r su b_ sect i on (2) of section 15] of the amount due from
expenses. L - - -- - - - - -
[ACT v
j nt i mate tne date by which such sums are
to be paid. Every such sum not paid by the date fixed
shall be recoverable as a 8 [public demand payable to
the Collector].
1 The original clause (c) was re-lettered as clause (b) by the Bihar and Orissa Private Irrigation
Work (Bihar Amendment) Act, 1939 (Bihar Act X of 1939)7 s. i6(a)(iv).
2 These words were substituted for the words "Provincial Government'* by Adaptation of Laws
Order, 1950.
3 These words were inserted by the Bihar and Orissa Private Irrigation Works (Bihar
Amendment) Act, 1939 (Bihar Act X of 1939), s. i6().
4 These words were substituted for the words "of Provincial" Adaptation of Indian Laws
Order, 1950.
5 These words were inserted by the Bihar and Orissa Private Irrigation Works (Bihar Amend-
ment) Act, 1939 (Bihar Act X of 1939), s. 17.
6 These words in square brackets in s. 16(1) were substituted for the words "as may be
prescribed by the Collector" by ibid.
7 The words, figures and brackets "sub-section (2) of section 15" in s. 17 were substituted for
the word, figures and brackets "section 15(2)'* by ibid., s. 18.
These words in square brackets in s. 17 were substituted for the words "public demand"
by ibid-
g As to the recovery of public demands, see the Bihar and Orissa Public dem ands Recovery
Act 1914 (B. & O. Act IV of 1914), in Bihar and Orissa Code, Vol. Ill, 2nd Ed., p. 171.
OF 1922] The Bihar Private Irrigation Works Act, 1922 163
18. (i) Any of the persons liable for the cost of the main- Application
tcnance of an irrigation work taken over '[by the Provincial J Goll ^ :tor
Government] under section 15 may apply to the Collector maintenance,
to be permitted to maintain the work in future.
(2) The Collector, after making such inquiry as he considers
necessary, may either icfusc the application if he is not
satisfied that the applicant is competent to maintain the
irrigation work in an efficient condition or may direct that
the irrigation work shall be made over to the applicant fiom
any date specified in the order on such conditions as the
Collector may deem to be necessary for its efficient main-
tenance.
(3) The Collector may from time to time for reasons to be
tated by him in writing vary or cancel any order made
under this section.
CHAPTER IV
MAINTENANCE OF * [CERTAIN] IRRIGATION WORKS
BY VILLAGE AGENCY
5 [i9. The provisions of this Chapter shall apply to all classes Application
of Irrigation works except those mentioned in Chapter V ** this Gha P"
and VI].
4[ 20 . * * * * *]
21. (i) If on inquiry s[ the Collector] finds that 6 [any Power of
irrigation work] is not being properly maintained, and that
the person responsible for its maintenance is not likely so me nt
to maintain it, he may make an order declaring thai the village
maintenance of the work shall be vested from the date of his agency,
order in any of the following village agencies :
(a) a panchayat of not less than five nor more than nine
persons to be selected by him from those interested
in the maintenance of the said work, and to include
one person to represent the interests of the land-
lords of the land which is irrigated therefrom,
(b) a co-operative society whose membership is confined
to the village or villages in which the area irrigated
is situated,
i These words were substituted for the words "by Government" by paragraph 3 and
Schedule VII of the Government of India (Adaptation of Indian Laws) Order, 1937.
a Substituted by Act XXXVII of 1950.
3 Substituted by ibid.
4 Omitted by ibid.
5 These words were substituted for the word "he" by he Bihar and Orissa Private Irrigation
Works (Bihar Amendment) Act, 1939 (Bihar Act X of 1939), s. 20.
6 Inserted by Act XXXVII of 1950.
164 The Bihar Private Irrigation Works Act, 1922 [ACT v
(c) a village panchayat or similar body constituted under
any law for the time being in force and having
jurisdiction over the area irrigated from the said
work l [or, if there is more than one village pan-
chayat or similar body having jurisdiction over
such area, to the village panchayat or similar body
having jurisdiction over the major portion of the
area], or
(d) a village headman :
Provided that if the work is vested in any of the agencies
specified in clauses (b) and (c), the Collector shall nominate
a peison to represent the interests of the landlords of the land
which is irrigated from the said work, and such person shall
for the purposes of this Chapter be deemed to be a member
of such agency:
2 [Provided further that in the case of an irrigation work in
respect of which the Collector has made an order under
section 5 or 5A no inquiry under this sub-section shall be
necessary ;]
3 [The order shall further specify the exact area benefited
by the said work and apportion the cost of maintenance
amongst the person or persons who may be found to be
liable to pay the same, having regard to the considerations
mentioned in clauses (a) to (c) of section i o.]
(3) The Collector may from time to time vary or cancel
any such order.
Powers and 22. The said village agency shall thereupon
duties of
village (r) be responsible for the proper maintenance of the
agency vested sa id work and be entitled to do all work incidental
with manage- thereto;
ment. '
(2) regulate the supply and distribution of water;
3 [(3) collect the cost of maintenance from the person or
persons who may be found to be liable to pay the
same in accordance with the order under section 21:
(4) keep accounts of all receipts and expenditure in
such form as may be prescribed; and
(5) carry out any order that may be passed under
section 26 by the Collector.
23. (Limits to cost of maintenance.) Rep. by the Bihar and
Orissa Private Irrigation Works (Bihar Amendment) Act, 1939
(Bihar Act X of 1939), s. 21.
I These words in square brackets in clause (c) of sub-section ( i ) of section 2 1 were inserted
by the Bihar and Orissa Private Irrigation Works (Bihar Amendment) Act, ig<$g (Bihar Act X of
I939) s - 20.
a Inserted by Act of 1950.
3 Substituted by ibid.
OF 19*2] Tht Bihar Private Irrigation Works Act, 19212 165
24. (i) Should any person on whom '[the whole of the Power to
cost or a proportion of the cost has been assessed under r c a * 1 s e -
section 21] fail to pay the same within one month of demand, 09^ by db-
the village agency may proceed to realize the amount by traint and
the distraint and sale of his movable property in the manner sale, or as
provided and subject to the limitations imposed in the Village ? u J
Ben. Act. Chaukidari Act, 1870,* and may call on the local chaukidar
VI of 1870. or chaukidars for assistance in carrying out the distraint.
(2) Should the amount not be realized by such 3 fdistraint
and sale], the village agency may apply ito the Collector to
realise the arrears as a public demand 4 and the said officer
may if he thinks fit proceed to the realization of the demand.
25. Where the said work is formed by enclosing embank- Rigllt to ^
ments the village agency shall have the right to excavate the cavate earth,
earth to such depth and extent as may be necessary for the
efficient maintenance of the work.
26. The Collector shall be entitled at all times to inspect Power of
the working and accounts of the said village agency and to control of
pass such orders as he may deem necessary for the efficient Collector,
performance of its duties under this Chapter.
CHAPTER V
CONSTRUCTION OF NEW IRRIGATION CHANNELS FROM
NOTIFIED RIVERS
27. The s[State Government] may by notification, Sanction ne-
after previous publication in the prescribed manner, direct cessary for
that no person shall, unless the previous sanction of the c nstructi n
Collector has been obtained, construct any new irrigation g a tion W chan-
channcl taking off from any river or stream within the limits nels from no-
specified in such notification. For the purposes of this tified rivers,
section the re-excavation of an irrigation channel which
has fallen into disrepair and has not been used for a period
of seven years shall be deemed to be equivalent to the con-
struction of a new inigation channel.
28, (i) Where the previous sanction of the Collectoi is Application
necessary under section 27 for the construction of a new * r . new
irrigation channel any person may apply in writing to the sanctlon *
Collector for such sanction.
(2) Every such application must be accompanied by a
plan and estimate of the cost of the proposed work, and must
show the lands to be irrigated and the sources of the supply
of any water which the applicant intends to convey through
such channel.
, Substituted by Act of 1950.
2 Printed in Bihar and Orissa Code, Vol. II, 2nd Ed., p. 121.
3 These words were substituted for the words "sale and distraint" by the Bihar and Orissa
Privete Irrigation Works (Bihar Amendment) Act, 1939 (Bihar Act X of 1939), s. 22.
4 As to the recovery of public demands, see the Bihar and Orissa Public Demands Recovery
Act, 1914 (B. and O. Act IV of 1914), in Bihar and Orissa Code, Vol. Ill, 2nd Ed., p. 171.
5 These words were substituted for the words "Provincial Government" by Adaptation of the
Laws Order, 1950.
1 66 The Bihar Private Irrigation Works Act, 1922 [ACT \
Issue of 29. On receipts of any such application, the Collector
notice. shall cause a notice to be served in the prescribed manner
in eveiy village affected, on such persons as he may think
fit, stating that he will, on a date to be specified in the notice,
proceed to consider any objections which may be raised
against the grant of sanction to the application.
Inquiry into 30. (i) On the date specified in the notice, or on any
and disposal subsequent date to which the inquiry may be adjourned,
of apphca- t ke Collector shall, after considering the objections raised
(if any) and making any further inquiry he may deem neces-
sary, make an order in writing, either disallowing the appli-
cation, or sanctioning it in whole or in part and on such
terms and conditions (if any) as to him may seem fit.
(2) The Collector may, before making an order under sub-
section (i), cause an inquiry to be made by an officer not
below the rank of Sub-Deputy Collector, and such officer
shall submit to the Collector a report, which shall form part
of the record of the Collector's proceedings.
CHAPTER VI
ACQUISITION OF LANDS FOR IRRIGATION PURPOSE*
Application 31. Any person who desires the construction of a new
to Collector irrigation work, or the extension or alteration of an existing
lor land irrigation work, may apply, in writing, to the Collector,
acquisition. . ; rf ' ^ '
stating
(i) that he has unsuccessfully endeavoured to acquire'
from the owners and occupiers of '[any land]
through which he desires such irrigation work to
pass *[or which may be liable to submersion as
a result of the construction of such work or of any
extension or alteration of an existing irrigation work],
a right to occupy so much of the land as will be
3 [needed for, or be liable to, submersion as a
result of the construction of, such irrigation work
or the extension or alteration of an existing irrigation
work] ;
() that he desires the Collector, in his behalf and at
his cost, to do all things necessary for acquiring
such right;
(m ) that he is able to defray all costs involved in acquiring
such right and constructing, extending or altering
such irrigation work.
Preliminary 3 2 - If t ^e Collector considers
procedure of f Q \ triat ^^ construction, extension or alteration of
Collector. v J , . . . , : ,.
such irrigation work is expedient;
1 These words were substituted for the words "the la^d" by the Bihar and Orissa Priavte
Irrigation Works (Bihar Amendment) Act, 1939 (Bihar Act X of 1939), s, 23(0).
2 These words in square brackets in s. 31(1') were inserted by ibid., s. 23().
8 These words in square brackets in s. 31(1) were substituted for the words "needed for guch
irrigation work" by ibid., s. 23(c).
OF 1922] The Bihar Private Irrigation Works Act, 1922 167
(b) that the statements in the application are true; and
(c) that the applicant has a substantial interest in the
land to be benefited,
he shall call upon the applicant to deposit such sum as the
Collector considers necessary to meet the cost of the prelimi-
nary proceedings and such sums as the Collector considers
likely to become due for the payment of compensation
under section 35 ;
, upon such deposit being made, he shall
(i) cause inquiry to be made as to the most suitable
alignment for the said irrigation work;
(ii) mark out '[any land] which, in his opinion, it
will be necessary to occupy for the construction,
extension or alteration thereof 2 [or which may
be liable to submersion as a result of such construc-
tion, extension or alteration] ;
(Hi) forthwith publish a notice in the prescribed manner,
in every village through which 3 [the irrigation
work passes or is proposed to be taken], stating
that so much of such land as belongs to such village
has been so marked out; and
(iv) cause a copy of such notice to be served in the
prescribed manner on all persons whom he has
reason to believe to have an interest in the land to
which the notice refers.
4 32 A. If the Collector considers
(0) that it is expedient to extend, alter or repair an Acquisition
existing irrigation work, which the owner thereof of . certain
is under no obligation to maintain but which ? * * s . 1 { n g
benefits or is likely to benefit any village or local j, tl0n by
area within the district ; and " Collector.
(b) that it is desirable in the interest of such village or
local area to acquire such irrigation work;
he may
(i) mark out the land which, in his opinion, it will
be necessary to acquire for the purposes of such
extension, alteration or repair;
(ii) publish a notice in the prescribed manner in the
village in which the irrigation work is situated
or, if it is situated in or passes through more
than one \dllage, in every village in which
it is situated or through which it passes, stating that
he proposes to acquire the said irrigation work
and the land marked out as aforesaid; and
1 These words in square brackets in s. 32(11) were substituted for the words "the land" by th
Bihar and Onssa Private Irrigation Works (Bihar Amendment) Act, 1939 (Bihar Act X of 1939),
g. 23 (b). s 24 (a) (i).
2 These words in square brackets in s. 32(11) were inserted by ibid., s. 24(0) (it').
These words in square
proposed to be taken"
Substituted bv Act of
3 These words in square brackets in s. 32 (iti) were substituted for the words "the irrigation
work is proposed to be taken" ibid. t s
1 68 The Bihar Private Irrigation Works Act, 1922 [ACT V
(Hi) cause a copy of such notice to be served in the
prescribed manner on all persons who, he has
reason to believe, are interested in the irrigation
work or in the land to which the notice relates:
Provided that, if the Collector is of opinion that the cost
of the acquisition of such irrigation work and of the extension,
alteration or repair thereof (inclusive of the cost, if any, of
the acquisition of any land which, in his opinion, is necessary
for the purpose of carrying out the work or which may be
liable to submersion as a result of the execution of such work)
is likely to exceed two thousand and five hundred rupees,
he shall, before taking action under clauses (*'), (ii) and (m),
get a plan and estimate of the cost of such acquisition,
extension, alteration or repair prepared by an Irrigation
Engineer :
Provided further that the Collector shall not take any
action under clauses (i), (ii) and (Hi), until he has obtained
the previous sanction of the prescribed authority if the
estimated cost is' likely to exceed five thousand rupees but is
not likely to exceed ten thousand rupees, or the previous
sanction of the State Government if such cost is likely to
exceed ten thousand rupees.]
Construction '[328, If the Collector considers that it is expedient
of certain to construct any new irrigation work, he may
kinds of new . . .
irrigation (i) cause inquiry to be made as to the most suitable
works. alignment for the said irrigation work;
(z/) mark out the land which, in his opinion, it \\ill be
necessary to acquire for the construction thereof
or which may be liable to submersion as a result
of such construction;
(m) forthwith publish a notice in the prescribed manner
in every village through which the irrigation work
is proposed to be taken stating that so much of the
land as belongs to such village has been so marked
out; and
(iv) cause a copy of such notice to be served in the pre-
scribed manner on all persons who, he has reason
to believe, are interested in the land to which the
notice relates:
Provided that, if the Collector is of opinion that such
work is likely to cost more than two thousand and five
hundred rupees (inclusive of the cost of acquisition
of any land which in his opinion will be needed
for such construction or which* may be liable to
submersion as a result of such construction) he
shall before taking action under clauses (ii) and (Hi) and (iv)
get a plan and estimate of the cost of such acquisition and
construction piepared by an Irrigation Engineer:
Provided further that the Collector shall not take any
action under clauses (ii), (Hi) and (iv), until he has obtained
the previous sanction of the prescribed authority if the
estimated cost is likely to exceed five thousand rupees but
1 Substituted by Act of 1950.
OF 1922] The Bihar Private Irrigation Works Act, 1922 169
is not likely to exceed ten thousand rupees, or the previous
sanction of the State Government if such cost is likely to
exceed ten thousand rupees but not likely to exceed thirty
thousand rupees.]
33. ( i ) Within thirty days from the publication of any Objections
notice undei section 32, * [3 2 A or 326] any person interested h w t( >. be
in the land or irrigation work to which the notice refers may < * ealt with *
apply to the Collector, by petition, stating his objection to
the construction, extension, 2 [alteration or repair in respect
of which the notice was issued].
(2) The Collector may either reject the petition, or proceed
to inquire into the validity of the objection after giving
notice 3 [to the parties or to the petitioner, as the case may
be,] of the place and time at which such inquiry will be held.
(3) The Collector shall record in writing all orders passed
by him under this section, and the grounds thereof; and
shall, if necessary, cause boundaries to be demarcated on
the ground.
4 f34 If no such objection is made, or where any such When appli-
objection is made, on the disposal of such objection, the cant may be
I ollector rnav proceed forthwith to take possession of the P lact>d lr \
.' riiir i A occupation oi
irrigation \\ork or of the land icferred to in section 32 A or ] anc j
3^B, as thr rase mav be, 01, if the land has been markedoi.t
on an application made under section 32, to place the appli-
cant in occupation of such land on such conditions, if any.
as he may think just and proper to protect the interests of
other persons affected by the application.]
35. 5 [(i) Except as otherwise provided in sub-section (3), Payment ot
the Collector shall not take possession of any irrigation work compensation
or land referred to in section 32A or 326, nor shall the appli- " applicant
cant be placed in occupation of any land marked out on an before OCMI-
application made under section 32, until the Collector cr, pation.
as the case may be, the applicant has paid to the persons
named by the Collector such amount as the Collector deter-
mines to be due as compensation for the iriigation work
or land so acquired or occupied, and for any damage caused
by the marking out of such land, together with all expenses
incidental to such acquisition or occupation.]
1 The word, figures and letters "c$2A or 328" were inserted by the Bihar and Orissa Private
Irrigation Works (Eihar Amendment) Act, 1939 (Bihar Act X of 1939), s. 26(a)(i).
2 These words in square brackets ins. 33(1) were substituted for the wo-ds "or alteration for
which application has been made" by ibid., s. a6(a)(ti).
* These words in square brackets in s. 33(2) were substituted for the wcrds "to the parties"
by ibid., s. 26(6).
4 This section was substituted for the original s. 34 by ibid., s. 27.
* Sub-section (i) was substituted for t^c original lub-tection (i) by ibid., s. a8(i)().
i 70 The Bihar Private Irrigation Works Act, 1922 [ ACT v
(2) In determining the compensation to be paid under
sub-section (i), the Collector shall proceed under the provi-
sions of sections 8 to 15, J [i8 to 34] and 45 of the Land
Acquisition Art, 1894,* so ^ ai as tne Y are applicable, I of 1894.
3 [but, in the case of a proceeding commenced by an applica-
tion made under section 31, he may], if the person to be
compensated so desires, award such compensation in the
form of a rent-charge payable in respect of the land occupied
4 [(3) In cases of urgency the Collector may forthwith
take possession of any irrigation work or land referred to in
section 32A or 326, though the compensation mentioned
in sub-section (i) has not been paid.
(4) When the Collector takes possession of any irrigation
work or land under sub-section (i) or sub-section (3), such
irrigation work or land shall vest absolutely in the Crown
free from all encumbrances.]
Execution of 5 f35A. (i) Subject to such special or general orders
work and its ag m from t j me to ^ j^e issued bv the 6 [State] Gov-
mamtenance J \ , ~ .. . u 11 ' u- u u * i
and recovery ernment, the Collector shall, in any case in which he takes
cfcost. action under section 32 A or 326, cause the construction,
alteration, extension or repair, as the case may be, of any
irrigation work to be carried out in such manner and through
such agency as he considers proper.
(2) Upon the completion of the construction, alteration,
extension or repair of the irrigation work the Collector shall,
after making the prescribed inquiry and giving the prescribed
notice, apportion the costs incut red therein (including the
cost incurred in acquiring any irrigation work or any land
under section 32 A or 326) to such person or among such
persons, whether landlords or tenants, in such proportions
as mav seem to him to be fair and equitable; and in making-
such apportionment the Collector shall have regard to the
benefit resulting or likely to result from the irrigation work
and any other consideration which, in the circumstances of
the case, he may consider it fair and equitable to take into
account.
(3) When any apportionment has been made under
sub-section (2), the Collector shall make an award containing
the particulars specified in clauses (0), (b), (c) and (d) of sub-
section ( i ) of section 1 1 and cause a copy of such aw r ard,
together with a general notice stating that the amounts
apportioned are payable to the Collector, to be published
in the prescribed manner in the villages in which the lands
benefited or likely to be benefited by the irrigation work are
situated: provided that instead of, or in addition to, causing
a general notice to be served, the Collector may cause special
notices to be served in the prescribed manner on all or any
of the persons to whom any sum has been apportioned.
i "i8 to 34" in s. 35(2) were substituted for the figures "22, 23, 24" by
the Bihar and Orissa Private Irrigation Works (Bihar Amendment) Act, 1939 (Bihar Act X of 1939)
The word and figures
ar a
s. 28(1) (b).
s. 21 .
2 Printed in Central Acts, 1882-97, Ed. 1938, p. 483.
8 These words in square brackets in s. 35(2) were substituted for the words "but he may" bv
th * Bihar and Oissa Private Irrigation Works (Bihar Amendment) Act, 1939 (Bihar Act X of 1939),
(i)(&).
4 Sub-sections (3) nd (4^ were added to s. 34 bv ibid. 9 s. 28(2).
5 Sections 3^A and 356 wen* insetted bv ibid., s. 29.
6 This word was substituted for the word u Provincial" by the Adaptation of Laws Order, 1950.
OF 1922] The Bihar Private Irrigation Works Act, 1922 171
(4) Any sum payable under sub-section (3) shall be
recoverable as a public demand 1 payable to the Collector.
(5) Upon the completion of the construction, alteration,
extension or repair of the irrigation work, the Collector may
make an order that the maintenance of such work shall, as
from the date of the order, vest in any of the following village
agencies, namely :
(z) a panchayat of not less than five nor more than nine
persons (including one person to represent the
interests of the landlords of the area which is, or is
likely to be, irrigated from the irrigation work) to
be selected by him from those interested in the
maintenance of the said work;
(it) a co-operative society whose membership is confined
to the village or villages in which the area irrigated
or likely to be irrigated is situated;
(m) a village panchayat or similar body constituted under
any law for the time being in force and having
jurisdiction over the area irrigated or likely to be
irrigated from the said work, or, if there is more than
one village panchayat or similar body having jurisdic-
tion over such area, to the village panchayat or
similar body having jurisdiction over the major
portion of the area; or
(tv) a village headman :
Provided that if the maintenance of the work is vested in
any of the agencies specified in clauses () and (m), the
Collector shall nominate a person to represent the landlords
of the area which is, or is likely to be, irrigated from the
said work and such person shall, for the purposes of this
Chapter, be deemed to be a member of such agency.
(6) The order shall further specify the area benefited or
likely to be benefited by the said work and the principles
on which the cost of maintenance shall be levied and, where
the degree of benefit varies throughout the area, shall state
the proportion of the cost of maintenance to be borne by
each portion of the said area.
(7) The Collector may from time to time vary or cancel
any such order.
358. When the Collector has made an order under sub- Application
section (5) of section 35A in respect of anv irrigation works of sections 22
the provisions of sections 22, 24, 25 and 26 shall apply, as an 24 to
far as may be, as if such order were an order under section 21.]
36, (i) 2 [When, in any proceeding commenced by an Conditions
application made under section 31, the applicant] is placed ^ n ^. ing on
in occupation of land as aforesaid, for the purposes of any p^e^ nt i n
irrigation work such land shall be subject to the provisions occupation.
1 As to the recovery of public demands, see the Bihar and Orissa Public Demands Recovery
Act, 1914 (B. & O. Act IV of 1914), in Bihar and Ori'sa'Code, Vol. Ill, 2nd Ed. r p. 171.
2 These words and figur s in square brackets in s. 36(1) were substituted for the words
"When any such applicant" by the Bihar and Orissa Private Irrigation Works (Bihar Amendment)
Act, 1939 (Bihar Act X of 1939), s. 30.
172 The Bihar Private Irrigation Works Act, [ACT v
of this Act, and the following conditions shall be binding
on him and his representatives in interest, namely :
(a) that all works necessary for the passage, across such
irrigation work of water-courses existing previous
to its construction, extension or alteration, and of
the drainage intercepted by it, and for affording
proper communication across it for the convenience
of the neighbouring lands, shall be constructed by
the applicant, and shall be maintained by him
or his representatives in interest to the satisfaction
of the Collector;
(b) that the land of which applicant has been placed in
occupation for the purposes of any irrigation work
shall be used only for the purpose of that irrigation
work ;
(c) that the proposed construction, extension or altera-
tion of the irrigation work shall be completed to the
satisfaction of the Collector within one year after
the applicant is placed in occupation of the land,
or within such further period as may be allowed,
in writing by the Collector;
(d) that the proposed irrigation work shall, after com-
pletion, be maintained in a state of efficiency;
(e) any conditions in regard to the supply and distribu-
tion of water, and the charges, if any, to be made
therefor, which the Collector may deem it fair
and equitable to impose in the interest of persons
whose land will be or is capable of being, irrigat-
ed from the said work; and
(/) in the case in which land is occupied on the condition
of payment of a rent-charge that :
(i) the applicant or his representative in interest shall
so long as he occupies such land or irrigation
work, pay rent for the same at such rate and on
such days as were determined by the Collector
when the applicant was placed in occupation ;
() if the right to occupy the land ceases, owing to a
breach of any of the conditions contained in
clauses (a), (4), (c) and (rf), or in sub-clause (i) of
this clause or imposed under clause (e), the
liability to pay the said rent-charge shall continue
until the applicant or his representative in
interest has restored the land to its original
condition, or until he has paid compensation for
any injury done to the said land, of such amount
and to such persons as the Collector may deter-
mine ;
(Hi) the Collector may, on the application of the
person entitled to receive such rent or compen-
sation, determine the amount of rent due, or
assess the amount of such compensation; and,
if any such rent or compensation be not paid by
the applicant or his representative in interest
OF 2922] The Bihar Private Irrigation Works Act, 1922 173
the amount, with interest thereon at the rate of
six and a quarter per centum per annum from the
date on which it became due, shall be recoverable
as a public demand 1 and shall be paid, when
recovered, to the person to whom it is due.
(2) If any of the conditions contained in or imposed under
sub-section (i) are not complied with,
or if any irrigation work constructed, extended or altered
under this Act is disused for five years continuously,
the right of the applicant, or of his representatives in
interest to occupy such land or irrigation work shall cease
absolutely.
(3) ( a ) When the right of the applicant or his represen-
tative in interest to occupy such land ceases absolutely in
accordance with the terms of the preceding sub-section, the
person who owned the land at the date of the acquisition or
his representative in interest may, within one year of the
date on which the right of the applicant to occupy the land
ceases absolutely, claim in the court of the Collector the
return of the land on payment of the compensation paid to
him or the total amount of the rent-charge paid to him by
way of such compensation, after deduction therefrom of the
amount paid under section 23(2) of the Land Acquisition
I of 1894. Act, i894 2 and any other sum which may be awarded by
the Collector for depreciation in the value of the land subse-
quent to acquisition.
(b) The Collector may on such claim being made order
the return of the land to the claimant after payment by him
of the amount mentioned in clause (a) of this sub-section,
or he may (if he thinks fit) take action under ^[Chapter VI A]
for the maintenance of the irrigation work.
(c) An order of the Collector under clause (b) for the return
of the land to the claimant shall operate to revest the land
in the claimant subject to all the rights of other persons
existing at the time of acquisition.
3[CHAPTER VIA]
MAINTENANCE OF IRRIGATION WORKS BY
GOVERNMENT AGENCY
36A. (i) Where the maintenance of an irrigation work
has not been vested in a village agency under the provisions
of section 21 or of sub-section (5) of section 35A or where
the Collector is satisfied that the village agency in whom
the maintenance of any irrigation work has been vested
under the said provisions is not likely to maintain it in an
efficient state, he may issue an order in writing that the work
shall be taken over and maintained by the State Govern-
ment : ^l
i As to the recovery of public demands, see the Bihar and Orissa Public Demands
Recovery Act, 1914 (B. & O. Act IV of 1914), in Bihar and Orissa Code, Vol. Ill, and Ed.,
P- I7-
a Printed in Central Acts, 1882-97, Ed. 1938, p, 483.
3 Substituted by Act of 1950.
174 The Bihar Private Irrigation Works Act, 1022
Provided that
(a} if the annual cost of maintenance, as estimated,
exceeds two thousand and five hundred rupees,
but does not exceed ten thousand rupees, the
previous sanction of the prescribed authority shall
be obtained; and
(b) if the annual cost of maintenance, as estimated,
exceeds ten thousand rupees, the previous sanction
of the State Government shall be obtained.
(2) The order shall further specify the exact area benefited
by the said work and apportion the cost of maintenance
amongst the person or persons who may be found to be liable
to pay the same, having regard to the consideration men-
tioned in clauses (a) to (c) of section 10.
(3) The Collector may authorise any person or agency
to take over and maintain the irrigation work on behalf
of the State Government.
368. (i) The person or agency who takes over an
irrigation work under section 36A shall keep accounts of
the actual expense incurred in the maintenance thereof
and shall submit such accounts to the Collector at such
intervals as may, from time to time, be fixed by the Collector,
(2) The Collector may revise any accounts so submitted
to him, if after making inquiry he considers it necessary to
do so.
360. The Collector shall inform the persons liable under
sub-section (2) of section 36 A of the amount due from each
and shall intimate the date by which such sums are to be
paid. Every such sum not paid by the date fixed shall be
recoverable as a public demand payable to the Collector.]
[ACT v
sequential
damage .
2 [CHAPTER
COMPENSATION
Compensa- 2 [36D] (i) Whenever any land other than land acquired
sequential 011 " under the Land Acquisition Act, i894 3 , or otherwise for I of 1894.
the purposes of this Act, or any right of fishery, right of
drainage, right to the use of water or other right of property
is injuriously affected by any act done or any work executed
under this Act, the person in whom such land or right is
vested may prefer a claim by petition to the Collector for
compensation :
Provided that no person shall be entitled to claim compen-
sation
N (a) for any damage sustained by him which, if caused
by a private person, would not render such person
liable to a suit; or
1 Substituted by Act of 1950.
2 Substituted by ibid.
8 Printed in Central Acts, 1882-97,
<*. 1838, p. 483.
OF 1922] The Bihar Private Irrigation Works Act, 1922 175
(b) for any damage caused by
(i) any stoppage or diminution of percolation or of
floods,
() any deterioration of climate or soil, or
(in) any stoppage of navigation or of the means of
rafting timber or watering cattle.
(2) No claim for compensation shall be entertained unless
it is made within six months of the date when the act was
done or the work executed by reason of which the land or
right in respect of which compensation is claimed was inju-
riously affected.
1 [36E.] ( i ) The Collector shall consider all claims made Determina-
under sub-section (i) of section 36A and shall determine tion of com-
the amount of compensation, if any, which should be paid P ens atioru
and the person to whom such amount should be paid.
(2) In determining the amount of compensation to be
paid under sub-section (i), the Collector shall take into-
consideration the following matters and no other matter :
(a) the market value of the land or right injuriously
affected at the time when the act was done or the
work executed ;
(b) the damage sustained by the claimant by reason
of such act or work injuriously affecting the land
or right ;
(c) the consequent diminution of the market value of
the land or right injuriously affected, when the
act was done or the work executed; and
(d) whether the claimant has derived or is likely to
derive any benefit from the act or work in respect
of which the compensation is claimed, or from
any work connected therewith, in which case the
estimated value of such benefit, if any, shall be set
off against the compensation which would otherwise
be paid to such person.
(3) In addition to the market value of the land or right as
above provided, the Collector shall in every case award a
sum of fifteen per centum on such market value.
2 [36F.] Any amount awarded to any person as compen- Apportion-
sation under this Chapter shall be ment anc *
^ 11 recovery of
(a) apportioned in such manner as the Collector may compensa-
determine among the persons benefited by the tim.
acquisition of the land or the doing of the act or
the execution of the work in respect of which the
compensation is claimed,
(b) recoverable from the persons among whom it is
apportioned under clause (a) as a public demand
3 payable to the Collector,
(c) payable to the person to whom it is awarded.]
1 Substituted by Act of 1950.
2 Substituted by ibid.
8 As to the recover^ of public demands, see the Bihar and Orissa Public Deman !s Recovery
Act (B. and O. Act IV of 1914), in Bihar and Orissa Code, Vol. Ill, and Ed., p. 171.
176 The Bihar Private Irrigation Works Act* 1922
CHAPTER VII
SUPPLEMENTAL PROVISIONS
Appointment 37. (i) The l [State Government] may appoint an
of Irrigation Irrigation Committee for any district; and may, from
Committee. t me tQ t j mej a pp O i n t and accept the resignation of the
members of such Committee and direct that any person
shall cease to be a member thereof.
(2) The '[State Government] may, from time to
time, direct that any such Committee shall be consulted by
the Collector in the discharge of any function or the perfor-
mance of any duty imposed on him by this Act; and by
notification may, from time to time, direct that any such
function or duty shall be performed or discharged by such
Committee.
(3) The business of every such Committee shall be con-
ducted under such rules as the 1 [State Government] may,
from time to time, make in that behalf.
(4) Whenever the Collector differs from the Irrigation
Committee in any matter on which he is required by this
Act or by the rules thereunder to consult the said Committee,
he shall submit the question to the 2 [prescribed authority]
for decision, with copies of any remarks which may have
been recorded by the Committee or any members thereof.
[ACT v
Record of
system of
rotation.
38. (i) In cases where the system of rotation (parabandi]
for any irrigation work is not clearly entered in the record
of-rights or determined by a decree of a civil court which is
binding on all the parties concerned, and in cases where
the execution of works of repair or maintenance under the
foregoing sections necessitates some revision of the existing
or recorded system, the Collector may, after such inquiry
as he considers necessary, draw up a new or revised system
of rotation and may modify the same from time to tim
if necessary. \
(2) Where the Collector has prepared such a system no
person shall use the water supplied by the irrigation work
concerned except in accordance with such system.
3 [(3) In the case of an irrigation work constructed or
acquired under section 32A or 326, the Collector
shall, after such inquiry as he considers necessary, draw up
a system of rotation and may, if necessary, modify the same
from time to time.]
Tower of 39. Any person duly authorized to prepare a specification
ntI 7- and estimate, or to execute any work, under this Act, in
respect of or upon any land, may, himself or by his agents
and workmen, enter into or upon such land, and carry out
such work thereupon as may be required.
1 These words were substituted for the word "Provincial Government" by the Adaptation
of Laws Order, 1950.
a These words were substituted for the word "Commissioner" by the Bihar and Orissa Private
Irrigation Works (Bihar Amendment) Act, 1939 (Bihar Act X of 1939), s. 32.
3 Sub-section (3) was inserted by ibid., s. 33.
922] The Bihar Private Irrigation Works Art, 1922 177
40. (i) The 1 [State Government] may, after pre- P o w c r to
vious publication, 2 make rules for carrying out the purposes make rules<
and objects of this Act.
(2) In particular, and without prejudice to the generality
of sub-section ( i ) , rules 3 may be made
(a) prescribing the procedure to be followed by any
officer who is required or empowered by or under
this Act to take action or hold inquiry in any
matter or to give, serve or publish any notice;
4 [(0i) prescribing the manner in which a copy of any
award shall be served under sub-section (3) of sec-
tion 8 or sub-section (2) of section 1 1 ;]
{b} prescribing the cases in which, the officers to whom,
and the conditions subject to which, a Collector may
delegate any of his powers or duties under this Act ;
5 [(/>i) prescribing the authority whose previous sanc-
tion shall be necessary under the last proviso to
sub-section (i) of section 5, if the estimated cost
of any work referred to in the said proviso exceeds
6 [five thousand rupees];
prescribing the manner in which, and the authority
by whom, compensation shall be assessed under
section 56;]
{c} prescribing the procedure to be followed by the
Collector in giving authority for the carrying out
of a work of repair or construction under section 6
and the conditions, if any, under which such autho-
rity may be given ;
7 [(d) prescribing the manner of preparing the accounts
referred to in sections 9 and 8 [s6B] and the procedure
for publication thereof and for hearing of objections
thereto; ]
(e) for the recovery of the expenses referred to in sections
[81, ii, ">[ 24 , 35 A & 3 6C];[*]
12 [(f) prescribing the manner in which notices under
sections 32 A and 326 shall be served or published,
as the case may be;
(g) prescribing the inquiry to be made and the notice
to be given under sub-section (2) of section 35A;
1 These wchds were substituted for the words "Provincial Government" by the Adaptation
of Laws Order, 1950.
2 As to the procedure for previous pub'iration, see s. 26 of the Bihar and Orissa General
Clauses Act, 1917 (B. & O. Aci I of 1917', HI Bihar and Orissa Code, Vol. Ill, 2nd Ed , p. 302.
3 For rules regarding service of notice, see the Bihar and Orissa Local Statutory Rules and
Orders, Vol. I, Pt. VII.
4 Clause (a i ) was inserted bv the Bihar and Or issa Private Irrigation Works (Bihar Amend-
ment) Act, 1939 (Bihar Act X of 1939)* s. 34(1).
5 Clauses (b i ) and (2) were inserted by ibid., s. 34(11).
Substituted by Act of 1950.
7 Substituted by ibid.
8 Substituted by ibid.
9 The figur "8" was substituted for the figure "7" by the Bihar and Orissa Private Irriga-
tion Work* (Bihar Amendment) Act, 1939 (Bihar Act X of 1939), s. 34(1*0).
10 Substituted by Act of 1950.
11 The word "and" was 'omitted by the Bihar and Orissa Private Irrigation Works (Bihar
-Amendment) Act, 1939 (Bihar Act X of 1939), B. 34(10).
18 Clauses (fi) to (#2) were inserted by ibid., s. 34 (v).
178 The Bihar Private Irrigation Works Act, 1922 [ACT v
(gi) prescribing the manner in which notices under sub-
section (3) of section 35A shall be served or published,
as the case may be ;
(gz) prescribing the authority to whom any question
referred to in sub-section (4) of section 37 shall be
submitted for decision;]
(h) for the recovery of any sum advanced by the Collector
to any person or agency for the carrying out under
any of the provisions of this Act of any work of
repair or construction and prescribing the rate of
interest to be charged on any sum so advanced;
x [and]
2 [(z) prescribing the authority to whom an appeal
shall lie under sub-section (i) of section 48.]
(3) All rules made under this section shall be published in
the 3 [official Gazette].
Power to 4 1 ' Any officer empowered by or under this Act to conduct
summon and any inquiry may exercise all such powers connected with
e x a m i n e securing the attendance of, and examining, witnesses and
witnesses. t j^ e production of documents as are conferred on civil courts
by the Code of Civil Procedure, igo8 4 ; and every inquiry V of 1908*
in which the evidence of witnesses is recorded formally shall
be deemed to be a judicial proceeding.
Penalties. 42. Whoever without proper authority and voluntarily
does any of the following acts
(a) interferes with the distribution of water from an
irrigation work as entered in the record-of-rights
or determined under section 38 or in any other
lawful manner ;
(b) destroys or moves any level mark or water gauge
fixed by the authority of a public servant;
(c) makes any dam, weir or other obstruction in any
irrigation work;
(d) obstructs the construction of any work ordered by
the Collector under the provisions of this Act ; or
(e) constructs an irrigation channel in contravention of
the provisions of section 27 or of any order of the
Collector under section 30;
shall, in case the offence does not amount to mischief within
the meaning of the Indian Penal Code, 5 be punishable XL V of 1860*
with fine which may extend to one thousand rupees, or
where the offence is a continuing one to a further fine which
may extend to fifty rupees for every day on which the offence
continues after the date of the first conviction.
1 The word "and" was added to the clause (ti) by the Bihar and Orissa Private Irrigation!
Works (Bihar Amendment Act, 1939 (Bihar Act X of 1939), s. 34(0:).
2 Clause (i) was inserted bv ibid, s. 34(u).
3 These words were substituted for the word "Gazette" by paragraph 4 of the Government off
India Adaptation of Indian Lax\s Order, 1937.
4* Printed in Central Acts, 1908-10, Ed. 1938, p. 8.
5 Printed in Central Acts, 1834-71, Ed. 1938, p. 235.
IDF 1922] The Bihar Private Irrigation Works Act, 1922 179
43. Whenever any person is fined for an offence against Compcnsa-
this Act, the Magistrate may direct that the whole or any tion l ? . P er "
part of the fine shall be paid by way of compensation to any b^JrffcSlf
person injured by such offence.
1 [43A. Every claim for compensation for any loss resulting Claim for
from any act done or purporting to be done under any of compensation
the provisions of this Act shall include the whole of the claim to include
for compensation in respect of every loss which the person
making the claim has sustained or is likely to sustain as a
result of such act, and where any person omits to claim
compensation or intentionally relinquishes any claim to
compensation in respect of any such loss he shall not after-
wards be entitled to claim any compensation in respect
thereof.]
44. Whenever any person is convicted of an offence Order to dis-
referred to in clause (a) 9 clause (c), clause (d) or clause (e) continue im-
of section 42, the Magistrate may, by written order, require ^ r a ^ r " r s< ^ e
him, within a reasonable time to be fixed in the order, to removal of
discontinue the improper use of the water, remove the obstructions
obstruction or work or close the channel, as the case may be ; or work, on
conviction.
and, on the failure of such person to comply with such
Border within the time fixed therein, the Collector may him-
self cause the work specified in the order to be carried out,
and may recover the cost from the offender as a public
demand 2 .
45. The 3 [State Government] may, by general or Power of
special order, 4 confer and impose on any Deputy Collector eminent to
or other Revenue officer all or any of the powers or duties delegate
of the Collector under this Act. powers or du-
ties of Col-
lector.
46. A general power of supervision and control shall be
exercised
(a) by the Board or Revenue, over all orders and pro- Power of
ceedings under this Act of the 5 [prescribed supervision
authority], the Collector and any other officer on and contro '
whom any of the Collector's powers or duties have
been conferred or imposed thereunder;
(b) by the 5 [prescribed authority], over all orders and
proceedings under this Act of the Collector, and of
any officer on whom any of the Collector's powers
or duties have been conferred or imposed there-
under : and
1 Section 43 A was inserted by the Bihar and Orissa Private Irrigation Works (Bihar Amend-
ment) Act, 1939 (Bihar Act X of 1939), s. 35.
2 As to the recoverv of public demands, set the Bihar and Orissa Public Demands Recovery
Act, 1914 (B. & O. Act IV of 1914), in Bihar and Orissa Code, Vol. Ill, 2nd Ed., p. 171.
3 These words were substituted for the words "Provincial Government" by Adaptation of
Laws Ordr, 1950.
4 For an order under this section, see the Bihar and Orissa Local Statutory Rules and Orders,
Vol. I, Pt. VII.
5 These words were substituted for the word "Commissioner" by the Bihar and Orissa Private
Irrigation Works (Bihar Amendment) Act, 1939 (Bihar Act X of 1939), s. 36.
i8o The Bihar Private Irrigation Works Act, 1922 [ACT V OF 1922)
(c) by the Collector, over all orders and proceedings
under this Act of any officer on whom any of his
powers or duties have been conferred or imposed
thereunder;
and the Board of Revenue, the i [prescribed authority] and
the Collector, respectively may revise, modify or reverse
any order or proceeding which is hereby declared to be
subject to its or his supervision and control, whether an
appeal is or is not presented against such order or proceeding
Institution of 47. ( I ) Any person aggrieved by an order of the Collector
suits to con- under section 5 or section 30 may, within three months
test Collec- f rom tne date on which the first overt act is taken in pursuance
under sectim ^ suc h order, institute a suit in the civil court which would
5 or sec- have jurisdiction to entertain a suit for the possession of any
tion 30. land affected by the order.
2 [(2) Such suit may be instituted on the ground that
(z*) the order interferes with the lawful exercise of a
right to which the person aggrieved is entitled or
infringes a right superior to the right the exercise
of which is allowed by the order; and
(li) such person is not entitled to claim under any of the
provisions of this Act compensation for any loss
which he has sustained or may sustain as a result of
such interference or infringement;
and on no other ground.]
Bar of suits 48. (i) Except as provided in section 4.7, no suit shall lie in
and right of any civil court, regarding any proceedings, under this Act
appeal. o f t ] ie Collector or of any officer on whom any of the powers
or duties of the Collector have been conferred or imposed
under this Act; but from any original order 3 [ (except an
order declaring that any repair to any existing irrigation
work shall not be carried out on the ground that the cost
will be prohibitive and an order under section 5 A)] or award
of the Collector or any such officer, or from any order of the
Collector, reversing the order of an officer subordinate to
him, and in such cases only, an appeal, if made within thirty
days, shall lie to the 4 [prescribed authority].
(2) Where an order of the 4 [prescribed authority]
reverses an order of the Collector, or of any officer on whom
any of the poweVs or duties of the Collector have been con-
ferred or imposed under this Act, an appeal, if made within
thirty davs, shall lie to the Board of Revenue, whose decision
shall be final.
Bar to pro- ^* p^ o su j t or o t;her proceeding shall lie against anv
ceedmgs for /- i i r i i & .
act done in P 61 " 8011 m respect of anything in good faith done or purporting
good faith, to be done under or in pursuance of any provision of this Act.
1 These words were substituted for the word "Commissioner" by the Bihar and Oriisa Private
Irrigation Works (Bihar Amendment) Act, 1939 (Bihar Act X of 1939), s. 36.
THE CENTRAL PROVINCES IRRIGATION
ACT, 1931
Act No. Ill of 1931
An Act to consolidate and amend the Law relating to
Irrigation in the Central Provinces
WHEREAS it is expedient to consolidate and amend the Preamble-
law relating to irrigation in the Central Provinces; and
whereas the Governor General has given his previous sanction
to the passing of this Act as required by sub-section (3) of
section 80- A of the Government of India Act;
It is hereby enacted as follows :
1. (i) This Act may be called the Central Provinces Short title,
Irrigation Act, 1931. extent and
(2) It extends to the whole of the Central Provinces. ment
(3) It shall come into force* on such date as the State
Government may, by notification, direct.
CHAPTER I
DEFINITIONS
2. (i) Unless there Ls anything repugnant in the subject Interprn a-
or context, any expression used in this Act which is defined tlon -
C. P. Act or explained in the Central Provinces Land Revenue Act,
II of 1917. 1917, or in the Central Provinces Tenancy Act, 1920, shall
C. P. Act have the meaning therein assigned to it.
I of 1920. *
(2) Every expression, which is defined or explained in
any part of this Act, is used in every part of this Act in con-
formity with such definition or explanation.
3. "Canal" includes Canal
(a) all canals, channels and reservoirs constructed, main-
tained or controlled by State Government, for
the supply or storage of water for irrigation ;
(b) all works, roads, embankments, structures, supply
and escape channels connected with, or constructed
for the purpose of facilitating the construction or
maintenance of such canals, channels or reservoirs ;
(c) all uncompleted works which, when completed, will
fall within clause (a) or (b); and
(d) all land acquired or set apart for any of the above;
but does not include a water-course.
4. "Water-course" means any channel which is supplied Water-course
with water from a canal but is not maintained at the cost
of the Government and all subsidiary works belonging to
such channel.
The Act was brought into force on the 15th March 1932, see Central Provinces Gazette, dated
the 27th February 1932, Part I, page 210, C. P. P. W. D. Notification No. g-E-A. I., dated the 2/ l
Februar\ 1932.
181
f82
The Central Provinces Irrigation Act, 1931
[ACT m
Canal system. 5. "Canal system" means all canals supplied from one or
more common sources or head-works, together with all
water-courses supplied therefrom and all lands commanded
thereby.
private irri- 6. "Private irrigation work" means a work, which is not
gation work. t h e property of the Government constructed or maintained
for the supply or storage of water for irrigation.
Grant-in-aid 7. "Grant-in-aid irrigation work" means a private irriga-
* r orif tl n t * on wor k constructed or improved by or on behalf of a per-
manent holder partly or wholly by means of a grant of money
from the Government.
Commanded. 8. Land is said to be commanded by a canal when it may
be irrigated from that canal by the flow of water undei
gravity, and without the need of lifting or pumping the
water J [ ].
Provided that the Executive Engineer, with the previous
sanction of the "Superintending Engineer, may declare any
land to be not commanded if it can be irrigated only by an
excessive expenditure of water or by means of a water-
course which passes through an area which the Executive
Engineer considers it desirable to avoid.
Explanation. Land which would not otherwise be com-
manded may become commanded by the construction of a
crossing for the passage of water across a natural drainage,
channel or ridge.
9 Land is said to be wet
(a) when it is classed in the annual papers of the village
under any description which the local Govern-
ment may, by rules made under this Act, declare
to have the meaning of "wet" for the purposes of
this definition; or
(b) when it has been declared by the Executive Engineer,
with the sanction of the Superintending Engineer,
to be wet.
io. Land is said to be irrigable when
(a) it is commanded by a canal ;
(b) it is under cultivation; and
(c) it is not wet.
^Explanation. Land which has been cultivated
any crop at any time during two years preceding that
which an irrigation agreement has effect shall
to be under cultivation.
frrigable.
be
with
from
deemed
Outlet. XI * An "outlet" is an opening, constructed by 3 [State]
Government in a canal, through which water is delivered
into a water-course or directly on to any land.
1 Omitted bv Act LV of 1948.
2 Sub. by ibid. j
8 Sub. by the Adaptation of Laws Order, 1950.
OF 1931] The Central Provinces Irrigation Act, 1931 183
12. (i) A "chak" is that area of land on one side of a Chak
canal, or below a tail, which would be commanded by a
single outlet so situated that it would command the greatest
possible area of land on that side of the canal in that neigh-
bourhood.
Explanation. The fact that, in order to secure a more
efficient flow of water, two or more outlets are constructed
for one chak, does not convert that chak into two or more
chaks. .
(2) In cases of doubt, the Executive Engineer shall have
power to determine the boundaries of chaks; and in all cases
he shall have power so to determine them that no single
chak shall include land in more than one village.
'[iaA. "Compulsorily assessed area" means an area
notified as compulsorily assessed to water rate in accordance
with rules made under this Act and the expression compul-
sorily assessed shall he construed accordingly.]
13. An "occupier" of land is any person holding or pro- Occupier,
fessing to hold the right to cultivate such land for the time
being.
14. In the table set out below the person specified in the Permanent
second column shall be deemed to be the permanent holder holclcr -
of land held by him as specified in the first column :
Sir land ..... The proprietor.
Khudkasht land . . The proprietor.
Malik-makbuza land . . . The malik-makbuza.
Land held in absolute occupancy The absolute oocu-
tenure. pancy tenant.
Land held in occupancy tenure . The occupancy tenant
Land comprised in a village ser- The village servant.
vice holding.
Land held in raiyat-rnalik right . The raiyat-malik.
Land held in raiyatwari right . The raiyat.
Land held by a corporation . The corporation.
Explanation. A thekedar with protected status shall be
deemed to be the proprietor of sir and khudkasht land held
by him.
15. "Canal revenue" includes all sums payable to the Canal ie-
Government for the use of, right to use of, or waste of, water venue,
from a canal.
16. A "water-rate" is the amount of canal revenue payable Water-rate
for the use of water or for the right to use water for irrigation
for a single crop on one acre of land.
Explanation. A single crop includes two crops of the same
product within the same year.
by Act XI ol 1945.
'#4 The Central Provinces Irrigation Act, 1931 ACT IU
CHAPTER II
M
CANAL OFFICIALS AND THEIR CHARGES AND POWERS
Canal offi- j* There shall be the following classes of canal officers,
namely:
(a) the Chief Engineer;
(b) Superintending Engineers:
(c) Executive Engineers;
(d) Sub-Divisional Officers; and
(e) Canal Deputy Collectors.
Canal char* lg- ^ The State Government may group togethei into
circles areas in which canals have been or are to be cons-
tructed; and may divide circles into divisions, and divisions
into sub-divisions.
(2) The ^tate -Government mav at any time form new
circles, divisions or sub-divisions, abolish existing circles,
divisions or sub-divisions, or alter the limits of existing circles,
divisions or sub-divisions.
(3) The State Government shall appoint a Chief Engineer
to be in charge of the irrigation department generally, a
Superintending Engineer to be in charge of each circle,
an Executive Engineer to be in charge of each division, and
a Sub-Divisional Officer to be in charge of each sub-division.
(4) The State Government may appoint persons to be
additional canal officers in any sub-division, division or circle,
and may invest them with any or all of the powers of a Sub-
Divisiofial Officer, Executive Engineer or Superintending
Engineer, respectively.
(5) The State Government may invest Superintendir.
Engineers with the power to appoint Sub-Divisional Officers
to sub-divisions within their circles.
Subordina- X Q. The Chief Engineer shall be subordinate to the State
all other canal officers shall be subordinate to the Chief
Engineer;
all canal officers in a circle shall be subordinate to the
Superintending Engineer; and
all canal officers in a division shall be subordinate to the
Executive Engineer.
Canal Deputy 20. (i) The State Government may appoint a Canal
Collectors. Deputy Collector to one or more divisions.
(2) A Canal Deputy Collector shall be subordinate to the
Executive Engineer of any division to which he is appointed.
(3) The State Government may invest a Canal Deputy
Collector with any or all of the powers of a Sub-Divisional
Officer under this Act, and may invest a Sub-Divisional
Officer with all or any of the powers of a Canal Deputy
Collector.
OP 1931] The Central Provinces Irrigation Act, 1931 185
21. (i) The Chief Engineer may, subject to rules made Canal subor-
under this Act, divide a sub-division into subordinate charges, dinates '
may appoint canal subordinates to such charges, and may
prescribe the duties of such subordinates.
(2) All canal subordinates in a sub-division shall be sub-
ordinate to the Sub-Divisional Officer.
(3) The State Government may, by notification, invest
any canal subordinate with any of the powers of a canal
officer, except a power to decide appeals.
(4) The Chief Engineer may, subject to rules made under
this Act, delegate to Superintending Engineers or to Executive
Engineers any or all of his powers under sub-section ( i ) .
22. (i) When under this Act any duty is to be performed Power to allot
or power is to be exercised by a canal officer, and the class of duties among
canal officer is not specified, rules made under this* Act canal officcrs -
regulating the performance of such duty or exercise of such
power may prescribe the class of canal officers by which it is
to be performed or exercised.
(2) In addition to the above, rules may be made under
this Act prescribing generally the class of canal officer who
is to perform any duty or exercise any power which, under
this Act, is to be performed or exercised by a canal officer.
(3) When the class of canal officer who is to perform any
duty or exercise any power under this Act is not prescribed
under sub-section (i) or sub-section (2), such duty shall be
performed or such power exercised by the Sub-Divisional
Officer.
23. (i) Save as provided for in this Act and the rules Appeals,
made thereunder, no appeal shall lie from an order passed
by a Commissioner, Deputy Commissioner, canal officer,
or canal subordinate.
(2) The following appeals shall lie
(a) if an order under section 34 is passed by a Deputy
Commissioner or canal officer, to the Commissioner
(6) if an order under section 38 is passed by a canal
officer subordinate to the Executive Engineer, to
the Executive Engineer;
(r) if an order under section 44 is passed by a canal
officer, to the Deputy Commissioner;
(d] if an order under section 47 is passed by a canal
subordinate, to the Canal Deputy Collector or
Sub-Divisional Officer, and, if it is passed by a
Canal Deputy Collector or Sub-Divisional Officer
otherwise than on appeal, to the Executive Engineer;
(i) if an order under section 56 is passed by a Superin-
tending Engineer, to the Chief Engineer;
(f) if an order under sub-section (i) of section 62 is
passed by a Deputy Commissioner, to the Commis*
mni*iv and
1 86 The Central Provinces Irrigation Act> 1931 [ ACT ni
(g) if an order under section 73 is passed by an Executive
Engineer, to the Superintending Engineer.
No appeal shall lie
(a) to the Commissioner or Chief Engineer, aftsr the
expiration of sixty days from the date of the order
to which objection is made: or
(b) to the Deputy Commissioner, Superintending Engi-
neer or Executive Engineer, after the expiration of
thirty days from the date of the order to which
objection is made; or
(c) to the Canal Deputy Ccllector or Sub-Divisional
Officer, after the expiration of ten days fnxn the
date of the communication oi the order to which
objection is made :
Provided that no appeal shall lie to the Deputy Commis-
sioner against an order passed by an Executive Engineer
under section 44 either after the exphation of thirty days
from the date of such order or after the cutting of the crop
for whose irrigation the water was supplied.
(4) An appeal may be admitted after the period of limita-
tion prescribed therefor if the applicant satisfies the appellate
authority that he had sufficient cause for not preferring the
appeal within such period.
(5) No appeal to a canal officer shall require to be stamped,
(6) No legal practitioner shall be permitted to appear in
any appeal under this Act or under the rules made there-
under except in appeals before the Commissioner.
(7) Rules may be made under this Act providing for
appeals from the orders of canal officers and canal subordi-
nates, regulating the procedure to be followed n such appeals,
and prescribing periods of limitation therefor.
(8) Such rules may require that specified appeals or classes
of apperls shall lie cnly to a specified revenue officer,
Revision, 24. A Commissioner may, at any time, inquire into the
propriety of any order passed by a Deputy Commissioner
who is subordinate to him, and any canal officer may, at
any time inquire into the propriety of any order passed by
a canal officer or canal subordinate who is subordinate to
him, and may pass such order in reference thereto as he
may think fit :
Provided that he shall not reverse or vary any order so
as to affect adversely the rights of any private person without
having given to such person an opportunity to be heard.
Pown to rr- 25. Any canal officer conducting an inquiry in the dis-
quirc attend- charge of his duties may, by written notice, require
artce of wit- & n
nesses and
pt eduction of () the attendance before him of any person who, in the
documents. opinion of such officer, may have knowledge of the
lubject-matter of such inquiry, and
OF I 93 I ] The Centred Provinces Irrigation Act, 1931
(b) the production before him by any person of a docu-
ment which, in the opinion of such officer, is relevant
to such inquiry.
Such person shall be legally bound to attend or to produce
the document, as the case may be, at the place and time speci-
fied in the notice, and shall be paid diet-money at such rates
as may be prescribed by rules made under this Act.
187
CHAPTER III
RIGHTS IN WATER
26. All rights in the water of any river, natural stream or Govern-
natural drainage channel, natural lake or other natural ment's rights
collection of water shall vest in Government except to the ex- in water -
tent to which rights may have been acquired in water
affected by a notification published under section 27 prior
to the publication of such notification.
27. When the State Government proposes to construct a Bar of accrual
canal, it shall publish a notification declaring its intention f n g hts in
and indicating the site of the head-works, and thereupon ^f/^^ ^
no rights shall be acquired against Government under section a projected
V of 1882. 15 or section 16 of the Indian Easements Act, 1882, in the canal.
water of any river, natural stream or drainage channel,
lake or other natural collection of water, any of whose waters
will supply the canal when constructed.
28. No rights shall be acquired against the Government Bar of accrual
under section 15 or section 16 of the Indian Easements Act, f r >ghts in
V of 1882. J882, in the water of any river, natural stream or natural ^riment * oT
drainage channel, lake or other natural collection of water, an existing
any of whose waters supply a canal existing or under cons- canal.
truction at the commencement of this Act.
29. No rights shall be acquired against Government whether Rights to sup-
under section 15 or section 16 of the Indian Easements |? y * wat< j r
V of 1883. Act, 1882, or otherwise, to the supply of water from a canal, m a cana "
save in accordance with the provisions of this Act or under a
grant from Government.
30. (i) No claim for compensation shall
Government for any damage arising from
lie against Cnmpensa-
dama e
(a) the stoppage or diminution of the percolation or
flow of water ; or
(b) the deterioration of climate or soil; or
(c) the stoppage of navigation, or of the means of drifting
timber or watering cattle :
Provided that compensation shall be payable where, a,s a
result of the construction of a canal,
(i) the rent or revenue of any land has been reduced,
or
(ii) the supply of water to or from a tank or other con-
structed work has been diminished.
i88 The Central Provinces Irrigation Act, 1931 [ACT in
(2) Claims under this section may be enforced by appli-
cation made to the Deputy Commissioner within one year
from the reduction of the rent or revenue, or the diminution
of the supply.
(3) Any person aggrieved by the decision of the Deputy
Commissioner under sub-section (2) may, within six months
from the date of such decision, institute a suit in a civil court
to have such decision set aside or modified.
CHAPTER IV
CONSTRUCTION AND MAINTENANCE OF CANALS
Power to en- 31, (i) Any canal officer, or any person acting under the
ter and sur- g enera j or special order of a canal officer, may
vey, etc. & r > /
(a) enter upon any lands adjacent to any canal or
water-course, or through which any canal or water-
course is to be made, and undertake surveys or
levels thereon;
(b) dig and bore into the sub-soil;
(c) make and set up suitable land-marks, level -marks ,.
water-gauges and other apparatus;
(d) do all other acts necessary for the proper prosecution
of any inquiry relating to any existing or projected
canal or water-course under the charge of the said
canal officer;
(e) where otherwise such inquiry cannot be completed,
cut down and clear away any part of any standing
crop, fence or jungle; and
(/) enter upon any land or building for the purpose of
inspecting or regulating the use of the water supplied,
or of measuring the lands irrigated thereby or
chargeable with canal revenue and of doing all
things necessary for the proper regulation and
management of any canal :
Provided that, if such canal officer or person proposes to
enter into any building or any enclosed court attached to a
dwelling-house, he shall give the occupier of such building
or court at least three days' notice in writing of his intention
to do so.
(2) After entry under this section, the canal officer shall ,
before, leaving, tender compensation for any damage which
may have been caused by any proceeding under this section;
and, in case of dispute as to the sufficiency of the amount so-
tendered, he shall refer the matter for decision by the Deputy
Commissioner. Such decision shall be final, and no suit
shall lie in a civil court to have it set aside or modified.
Power to en- 32- ( i ) In case of any accident happening or being appre-
ter for repairs hended to a canal, any canal officer or canal subordinate
and to pre- or an y p erson Acting under his general or special orders in
dents. aCCI " th* 8 behalf, mav enter upon any lands adjacent to such
canal, and may execute all works which may be necessary
for the purpose of repairing or preventing such accident.
OF 1931] The Central Provinces Irrigation Act, 1931 189
(2) In every such case the Executive Engineer shall tender
compensation to the proprietors or occupiers of the said lands
for all damage caused thereto. If such tender is not accepted,
the Executive Engineer shall- refer the matter to the Deputy
Commissioner, and compensation for the damage shall be
determined as though the State Government had directed
the occupation of the land under Part VI of the Land Acqui-
I of 1 894. sition Act, 1894.
33. Whenever it appears to the State Government that Power to pro-
injury to any land or to the public health or public conve- bibit obatnic-
nience has arisen or may arise from the obstruction of any *^f r
river, stream or drainage channel, it may, by notification removal,
published in the Gazette, prohibit, within limits to be defined
in such notification, the formation of any obstruction, or may,
within such limits, order the removal or modification of such
obstruction.
34. ( i ) The Deputy Commissioner, or any canal officer Power to re-
authorized by the State Government in this behalf, may, movr ob-
after such publication, issue an order to the person causing nirtions
or having control over any such obstruction to remove or
modify it within a time fixed in the order.
(2) If, within the time so fixed, such person does not
comply with the order, the Deputy Commissioner or said
canal officer may remove or modify the obstruction, and the
expenses incurred in such removal or modification shall be
recoverable as arrears of land revenue.
35. (i) In accordance with rules made under this Act a Government
revenue officer and canal officer shall make a joint inspection to provide
of the alignment of all canals to be constructed and main- means of
tained at the cost of Government, and shall make second a j^ s * n g
joint inspection of all such canals after not less than three
years from the completion of such canals and shall report to
the Deputy Commissioner, where, in their opinion, means
of crossing such canals should be provided for the reasonable
convenience of the inhabitants of the adjacent lands.
(2) The State Government shall cause suitable means of
crossing such canals to be constructed at the cost of Govern-
ment at such places as it thinks fit.
(3) If at any time after the second of such inspections five
or more of the permanent holders of such lands apply to the
Deputy Commissioner for the construction of further means
of crossing, he shall cause an inquiry to be made and if he
thinks that further means of crossing should be constructed,
he shall forward his opinion to the State Government,
which shall cause such measures to be taken as it thinks
proper;
Provided that, if the local inhabitants deposit half the
estimated cost of constructing such a means of crossing for
the passage of traffic, the State Government shall cause
it to be constructed, such crossing to be the property of the
Government and if the estimated cost exceeds the actual
cost, State Government shall refund half the difference :
i go The Central Provinces Irrigation Act, 1931 [ACT m
Provided further that, if the Deputy Commissioner has
once caused an inquiry to be made under this section, it
shall not be necessary for him to cause a second inquiry to
be made into the same matter.
(4) No suit shall lie in a Civil Court against the Govern-
ment to enforce the construction of a crossing of a canal, or to
enforce the alteration of a crossing or for compensation for
damage arising from the absence or inadequacy of any cros-
sing, or to modify or set aside any scheme framed or order
passed under this section.
Explanation. Suitable means of crossing canals include
means for the passage of traffic and of water.
Power to im- jg. (j) Whenever it appears to the Executive Engineer,
m emerenc^ or to an ^ Sub-Divisional Officer acting under his general or
'
m emergency
' special orders in this behalf, that, unless some work is imme-
diately executed, such serious damage will happen or continue
to any canal as is likely to cause or continue to cause serious
public injury or serious interruption of the normal course of
irrigation,
and that the labour necessary for the proper execution
thereof cannot be obtained in the ordinary manner in time to
prevent such injury or interruption or to remedy it within a
reasonable time,
the Executive Engineer, or any Sub-Divisional Officer
acting under the said orders, may, by public proclamation
by beat of drum, require every permanent holder and occupier
of irrigable land resident in any village within five miles of
the place where the work is to be executed, and every agri-
cultural labourer employed by them, to attend in person
at such place and to carry out such duties as may be allotted
to them.
(2) If, in the opinion of the Executive Engineer, or of any
Sub-Divisional Officer acting under the said orders, the amount
of labour likely to attend in pursuance of an order under
sub-section (i) is not sufficient, he may at any time, in like
manner and subject to the same conditions, issue a like order
requiring the attendance of all cultivators or of all agricultural
labourers, or of both, resident within five miles of the place
where the work is to be executed.
(3) The rates of wages to be paid for such work shall
exceed those current in the neighbourhood for similar work,
and any person attending in compliance with the procla-
mation shall be paid for the whole period during which he
is thereby prevented from following his ordinary occupation.
(4) No person shall be required to carry out any duties
under this section for which such person is unfitted by reason
of age, sex, bodily infirmity or social position.
OF 1931] The Central Provinces Irrigation Act, 1931 191
CHAPTER V
THE SUPPLY OF WATER FROM CANALS AND
CHARGES THEREFOR
37. (i) Water may be supplied from a canal Purposes for
(a) under an irrigation agreement, in accordance with ^ lc
I . x **+* T TT nifty
the provisions of Chapter VI; plied.
(b) on demand, for the irrigation of specified areas;
(c) to supplement a village tank;
(rf) for industrial, urban or other purposes not connect-
ed with agriculture;
l [(e) for the irrigation of compulsorily assessed area].
(2) Charges for the supply of water under clause a [(0),
(b)y (c) or (<?)] of sub-section (i) shall be paid at such rates as
may be fixed by the State Government in accordance with
rules made under this Act.
Notwithstanding anything contained in this Act Reduction
or the rules made thereunder, the State Government may, remission
by noti fication, reduce or remit the whole or any part u^pTy of
of the charges for the supply of water under sub-section (i) water.
of section 37.]
38. ( i ) Water may be supplied from a canal at any time Supply of
for the irrigation of specified areas at the discretion of the water on de-
Executive Engineer. mand -
(2) Water supplied on demand shall be paid for accord-
ing to the area actually hrigated. In the determination of
such area the decision of the Executive Engineer shall be
final and shall not be modified or set aside by any
civil court.
The water-rates for such supply are called "demand rates".
(3) Rules may be made under this Act regulating the pro-
cedure of canal officers in receiving applications for water
on demand, in supplying water on demand, and in assessing
canal revenue.
39. ( i ) Water may be supplied at any time to supplement Supply of
a village tank at the discretion of the Executive Engineer. water to SU P-
p 1 e m e n t
(2) Rules may be made under this Act prescribing the village tanks.
conditions on which water may be supplied under this
section, and regulating the procedure of canal officers in
giving such supply.
40. The conditions for the supply of water for industrial, Supply of
urban or other purposes not connected with agriculture, &ter . f T m *
* * i t n i 11 i i i dustnal. ur-
and the charges therefor, shall be as agreed upon between ban or ot h e r
the State Government and the company, firm, private person purposes.
or local body concerned and fixed in accordance with rules
made under this Act.
1 Inserted by Act XI of 1945.
1 Amended by ibid.
1 Inserted by Act LV of 1948
1 92 The Central Provinces Irrigation Act, 1931 [ AGT
Supply of ^o-A. (i) Water may be supplied from a canal at any
water to com- t j me to [jugate a compulsorily assessed area in accordance
pulsorily as- .,v , & , , \i. /
Wlt " n " cs "^de under this act.
scssed area.
(2) Rules may be made under this act prescribing the
conditions on which water may be supplied under this
section, and regulating the procedure of canal officers in
giving such supply. (Vide Amendment Act 1945.)]
Control of 41- Water for the irrigation of land, or to supplement
supply of wa- village tanks, or for an industrial, urban or other purpose
ter from out- not connected with agriculture, may be taken only from such
Icts * outlets as may be determined from time to time by the Exe-
cutive Engineer for the special needs of such land, system or
purpose.
Power of 42. If, as a result of the construction of a canal, the area
wkh^e^a'rd irrigated from any private irrigation work in its proximity is
to* irrigation increased beyond the area recorded as irrigable at the last
from private settlement, the State Government may, without prejudice
irr i g a t i o n to its rights, if any, recorded at such settlement, direct that
works. suc ] 1 water . rate as j t ma y deem fit shall be charged on such
increase of area :
Provided that no water-rate shall be charged, if on inquiry
it is found that the increase in the area has been due to any
improvement of the private work since the settlement.
Unauthorized 43. (i) Water is said to be used in an "unauthorized'*
use and waste manner when its use gives rise to, or may be expected to give
o water.
o f an y kj n d, and
(a) when it is allowed or caused to flow into land, or into
a village tank, or into a private system of irrigation,
or into any system for the supply of water for an
industrial, urban or other purpose not connected
with agriculture, so that the owners or occupiers of
such land or system thereby obtain for such land
or system water to which they are not entitled
under the provisions of this Act or of the rules or
of any agreement or contract made ^thereunder; or
(b) when it is taken from any canal, outlet or water-
course in contravention of any of the provisions of
this Act or of the rules made thereunder or of any
order by a canal officer passed thereunder.
(2) Water which is allowed or caused to escape from a
canal, water-course or field in such a manner that no benefits
arise from its consumption is said to be "wasted".
Rates for un- 44. (i) Cultivated land on which water has been used in
authorized an unauthorized manner shall be subject to the payment of
water-rates; such rates are called "rates for unauthorized
use".
(2) Rates for unauthorized use shall be payable by the
occupiers of the land concerned :
Act XI of 1945.
1931] The Central Provinces Irrigation Act> 1931 193
Provided that, if such occupiers can prove to the satis-
faction of a canal officer that the unauthorized use was due
to the act or omission of another person, the canal officer
may levy such rates, or a portion thereof, from such other
person.
(3) When water is used in an unauthorized manner
otherwise than on cultivated land, the Executive Engineer
may make an estimate of the volume of water used, and
may determine the persons responsible for such use and the
persons who have been benefited thereby. Such water may
be charged for at bulk rates to be prescribed from time to
time by the State Government, and the charges shall be
distributed among the persons responsible and the persons
benefited by such use at the discretion of the Executive
Engineer.
(4) When water is wasted, the Executive Engineer may
make an estimate of the volume of water wasted, and may
determine the persons responsible for such wastage. Such
water may be charged for at bulk rates to be prescribed from
time to time by the State Government, and the charges
shall be distributed among the persons responsible at the
discretion of the Executive Engineer.
(5) The levy of rates for unauthorized use or for waste
shall not bar a prosecution for any offence connected with
such use or waste.
(6) No suit shall lie in a civil court contesting any decision
made by a canal officer under this section or by the Deputy
Commissioner on appeal from such decision.
(7) Rules may be made under this Act regulating the pro-
cedure of canal officers in imposing liability for, and in
assessing, canal revenue payable under this section.
CHAPTER VI
IRRIGATION AGREEMENTS
45, Agreements may be made in accordance with the Power to
provisions of this Chapter between State Government I ? akc "riga-
and permanent holders for the supply of water for irrigation tion a 8 rec "
for a period of years at special rates. . ments.
Such agreements are called "irrigation agreements", and
the water-rates payable thereunder are called "agreement
rates".
46. Irrigation agreements Scope ofirri
(a) shall be for the irrigation of one or more specified SSSJ. agrec *
crops, which are called "crops under agreement";
(b) shall be made with the permanent holders of all
irrigable land in a village, mahal or chak cultivated
with the crops under agreement; and
194 The Central Provinces Irrigation Act, 1931 [ACT m
(c) when duly made in accordance with the provisions
of this chapter, shall be binding, according to the
terms of the agreement, on the permanent holders
and occupiers of
1 [(i) all irrigable land in the village, mahal or chak
under cultivation with the crops under agree-
ment at the time from which the agreement has
effect or at any time during two years prior
thereto :
Provided that where a scheme of consolidation has
been confirmed in respect of any land under the
provisions of the Central Provinces Consolidation
of Holdings Act (VIII of 1928), the irrigation VTII of 1928
agreements shall, from the year in which the
permanent holders and occupiers, if any, are put
into possession of the holdings :
(a) be binding on the permanent holders and
occupiers, if any, of all cultivable land
newly received in exchange for land which
has ceased to be under cultivation; and
(b) cease to be binding on the permanent holders
and occupiers, if any, of all land which has
ceased to be under cultivation.]
Land on the permanent holders and occupiers whereof an
agreement is binding is called "land under agreement".
Main inci- 47. In addition to any incidents applying generally to
dents of irri- liability for payment of water-rates, all irrigation agreements
menu? agT ^~ shall be subject to the following incidents, namely :
(a) canal revenue payable thereunder shall be payable
(z) if the case falls under clause (c) (i) of section 4.6
for every year on all land under agreement,
whether it has been sown or not and irrigated or
not, and
() if the case falls under clause (c) (ii) of section 46*
for any year on all land under agreement, which
has been sown that year with any of the crops
under agreement, whether it has been iirigated
or not ;
(b) the canal revenue payable on any land for any year
shall be collected from the occupier, or, on his
default, from the permanent holder of such land ;
(c) at any time when the amount of water available is
deficient, or when damage is anticipated to the
canal if a full discharge of water is delivered, its
supply may be regulated in such manner as the
Executive Engineer may determine;
(d) no claim shall arise against the Government for com-
pensation for any loss arising from a failure or
shortage in the supply of water for irrigation or
from an excess of such supply :
1 Inserted by Act LV of 1948.
OF 5931] The Central Provinces Irrigation Act, 1931 195
Provided that rules may be made under this Act providing
for the remission of agreement rates where there has been a
failtire of crops or a failure to deliver water owing to a defect
in the head-works or distribution system.
48. ( i ) Where the title of an occupier of irrigable land Content to
who is not the permanent holder thereof is such that it will agreement
lapse on or before the expiry of the agricultural year next ^ C s ewion
following the date of an irrigation agreement applicable to O f sub-tenant
such land, the consent of the permanent holder to such
agreement shall be binding on such occupier in respect of
such land.
(2) Where the title of an occupier of irrigable land, who is
not the permanent holder thereof, is such that it will continue
after the expiry of the agricultural year next following the
date of an irrigation agreement applicable to such land, the
consent of such occupier shall be necessary to the validity of
the consent of the permanent holder.
49. (i) Where land is held jointly by two or more co- Consent to
shareis in the proprietary right of a village, the consent of agreement
the lambardar or lambardar-gumashta appointed for such where land is
land under section 187 of the Central Provinces Land cld J^
C. P. Act II Revenue Act, 1917, shall be binding on every co-sharer in J^ p
0/1917. respect of such land if he has received notice of the proposed
agreement and has failed, within a week from the receipt
of notice, to lodge an objection in writing with the canal
officer taking the agreement.
(2) Notwithstanding anything contained in sub-section (i)>
when co-sharers holding not less than two-thirds of the interest
in land held jointly by two or more co-shareis in the pro-
prietary right of a village or mahal have given their consent
to a proposed agreement in accordance with the provisions
of this Chapter, the consent of the co-sharers holding the
remaining interest shall be deemed to have been given.
50. Where land is held by a proprietor of a village, who Consent to
does not reside in the village, the consent of the lambardar agreement
or lambardar-gumashta appointed for such land under y* )C *, r
section 187 of the Central Provinces Land Revenue Act n 0n . r ^g,drnt
C P Act II I 9 I 7> s h a H be binding on such proprietor in respect of such proprietor.
of 1 91 7. land, if after receiving notice of the proposed agreement he
fails, within a \\eek from the receipt of notice, to lodge an
objection in wri tinier with the canal officer taking the agree-
ment.
51. When either the permanent holders of not less than Special rule
two-thirds of, or not less than 95 per cent, of the permanent when all per-
holders of, all the irrigable land in a village, mahal or c hak mane " 1 hold "
cultivated, with crops under agreement have given their Consent,
consent to a proposed irrigation agreement in accordance
with the provisions of this Chapter, the proposed agreement,
if accepted by Canal Deputy Collector or by an irrigation
inspector specially authorized in this behalf by the Executive
Engineer, shall be deemed to be an' irrigation agreement
binding on the permanent holders of all irrigable land in
such village, mahal or chak cultivated with crops under
agreement :
196 The Central Provinces Irrigation Act, 1931 [ACT m
Provided that no agreement for a ma'hal or chak shall be
accepted without the general or special consent of the State
Government or of a canal officers pecially authorized in this
behalf by the State Government.
No consent 52. (i) The provisions of sections 49, 50 and 51 shall not
to be presum- apply unless a notice has been published in the village con-
ed without cernec | by a canal officer that he proposes to take an irrigation
previous no- agreement in that village .
(2) Such notice shall be posted in writing in some promi-
nent place in the village, and shall be proclaimed by beat
of drum at least fourteen clear days before the agreement
is finally made.
Inclusion of 53- The permanent holder of wet land which is command-
we' land. ed by a canal may apply to a canal officer to have his wet
land included in an irrigation agreement relating to the
village, mahal or chak in which such land is situated, and,
if his application is granted, he shall be entitled to the suppl)
of water in accordance with the terms of such agreement,
but with such deduction, if any, from the agreement rates as
may be prescribed by rules made under ihis Act.
Inclusion of 54 The permanent holder of land which is not corn-
land irrigat- manded but is capable of being irrigated from a canal or
ed by lift. water-course by means of any mechanical contrivance design-
ed to lift the water therein, may apply to a canal officer
to have such land included in an irrigation agreement, and,
if his application is granted, he shall be entitled to the supply
of water in accordance with the terms of such agreement,
in so far as they may be applicable, but with 'such deduction,
if any, from the agreement rates as may be prescribed by
rules made under this Act.
Catenation 55 (0 An irrigation agreement may be cancelled by
of agreement mutual consent between State Government and the permas-
by mutual nent holders of not less than two-thirds of, or not les
consent. than ^ p er cent Q f t j ie p ermanen t holders of, the land under
agreement at the time of such cancellation.
(2) The provisions of sections 48, 49, 50, 51 and 52 shaK
apply to the cancellation of an irrigation agreement as i*
consent to the cancellation were consent to the making o^
such agreement.
Cancellation 5* (0 T ^ e Superintending Engineer may at any time,
of agreement after giving notice, cancel an irrigation agreement if, in his
for failure opinion, the permanent holders and occupiers bound thereby
to maintain persistently fail to maintain their water-courses in propel
water cour- repair
(2) An order by the Superintending Engineer under this
section shall be in writing, and shall be published in the
village concerned by beat of drum.
(3) Thereupon the irrigation agreement shall cease to
have effect, and no suit shall lie in a civil court contesting
the validity of the Superintending Engineer's order or making
any claim whatsoever against the Government by reason of
such cancellation.
OF I 93 I 1 The Central Provinces Irrigation Act, 1931 197
57. (i) With the previous sanction of the State General pow-
Government, the Superintending Engineer may at any ^reemeiMs
time cancel any irrigation agreement; and in such case the
measure of damages in respect of any land under agreement
shall be double the amount of the canal revenue which
would have been payable in respect of such land for the
remainder of the period of the agreement.
(2) Rules may be made under this Act regulating the dis-
tribution among permanent holders and occupiers of the
damages payable by the Government and regulating the pro-
cedure of canal officers in making such distribution.
(3) When damages have been distributed and paid or
tendered in accordance with the provisions of this section and
the rules made thereunder, no suit shall lie in a civil court
contesting the validity of the cancellation, or making any
claim whatsoever against Government by reason of such
cancellation,
58. In addition to any rules for which provision is made Power 10
in this Chapter, rules may be made under this Act make niles *
(a) prescribing the periods and the crops for which irri-
gation agreements may be made;
(/;) prescribing the forms of irrigation agreements, and
providing for the inclusion therein of incidents
and conditions in addition to but consistent with
those contained in this Act; and
(c) regulating the procedure of canal officers in carrying
out their duties under this Chapter.
CHAPTER VII
COLLECTION OF CANAL REVENUE
59. (i) Canal revenue payable under an irrigation agree- Datrs of pay-
ment, or for the supply of water on demand, or for the supply ment of cana *
of water J [or for the supply of water to compulsorily assessed revenue *
areas] to supplement a village tank shall fall due on such
dates as may be prescribed in this behalf by rules made
under this Act.
(2) Canal revenue payable for the supply of water for
industrial, urban or other purposes, not connected with
agriculture, shall fall due on the dates specified in the agree-
ment relating thereto.
(3) Canal revenue payable for the unauthorized use of,
or for the waste of, water shall fall due on the date on which
demand is made for the payment thereof.
60. Any sum payable as canal revenue which remains Definition of
unpaid on the day following the date on which it is due is arrear.
an arrear of canal revenue.
61. Arrears of canal revenue shall be recoverable as arrears Mode of rc-
of land revenue. covcr y rf ar>
rears.
1 Inserted by Act XI of 1945.
198 The Central Provinces Irrigation Act, 1931 [ACT in
Irrigation 62. (i) In accordance with rules made under this Act,
panchayau. i[ an d at the discretion of the Deputy Commissioner for a
mahal or chak] an irrigation panchayat shall be established
for every village in which the permanent holders of land
have entered into an irrigation agreement a [or which
comprises a compulsorily assessed area]. Such panchayats
shall consist of a sarpanch and two or more members
elected by the permanent holders and occupiers other
than sub-tenants, 3 [of land under agreement or com-
pulsorily assessed area] from amongst themselves. Such
elections shall be subject to the approval of the Deputy
Commissioner who shall have power to nominate one member
to any panchayat, and, for reasons to be recorded in writing,
to dismiss any member, and to dissolve any panchayat,
subject to an appeal to the Commissioner.
(2) Irrigation panchayats shall
00 4 t ] ;
(b) assist the officer of the irrigation department in de-
tecting and preventing encroachments on canal
lands, prevent damage to irrigation works, and re-
port any wilful damage caused to irrigation works;
(c) assist the officers of the irrigation department in
arranging for the construction of water-courses,
in recording and checking irrigation, and in making
measurements and settling disputes;
(d) collect irrigation revenue and remit it to the treasury;
and
(e) arrange for the repair of water-courses.
(3) They shall have power to accept from any person,
against whom a reasonable suspicion exists that he has'
committed an offence specified in rules made under this
Act, a sum not exceeding ten rupees by way of compensation
for such offence.
(4) Money collected by a panchayat under sub-section (3)
shall be expended by the panchayat, subject to the control
of the Deputy Commissioner, on any work of public
utility in the village.
(5) A member of such panchayat shall be deemed to be a
public servant Ibr the purposes of the Indian Penal Code.
Power to 63. Rules may be made under this Act regulating the
make rulrs procedure of canal officers and canal subordinates in assessing
for asvfsi- cana j revenue and in applying to revenue officers for the
coUection. an collection of arrears of canal revenue and the procedure of
revenue officers in collecting canal revenue.
Mode of 64- All sums due to Government for the right to cut grass, to
rrcovtt-v of graze cattle, to fish, to cultivate land, or to do other arts
miscellaneous on } an d or in water under the charge of the irrigation depart-
rcvcnuc. m ent shall be re-coverab!e as arrears of land revenue.
~>SendrbV Act LV of 1948.
* Amended by Act XI of 1943.
3 Amended by ibid.
4 Omitted by Act LV of 1948,
1931] The Central Provinces Irrigation Act, 1931 199
CHAPTER VIII
^ CONSTRUCTION AND MAINTENANCE OF WATER-
COURSES
65. Contracts may be made in accordance with the provi- Power to
^ions of this Chapter whereby State Government under- make wattr-
takes to construct water-courses and to bear the cost of ourse con "
construction and the permanent holders of irrigable land
undertake to maintain them and to bear the cost of main-
tenance. Such contracts are called "water-course contracts'*.
66. Water-course contracts _
Scope of
(a) shall relate to the construction of water-courses for water-course
the irrigation of all irrigable land in a village, contracts,
mahal or chak cultivated with one or more specified
crops; and
(b) shall be made with the permanent holders of all
such land in a village, mahal or chak :
Provided that , when not less than one-half of such perma-
nent holders, holding not less than two-thirds of all such land,
have given their consent to a water-course contract in accord-
ance with the provisions of this Chapter, the proposed
contract, if accepted by State Government, shall be
deemed to be a water-course contract made with the per-
manent holders of all irrigable land in the village, mahal or
chak cultivated with such crop or crops.
67. The provisions of sections 48, 49, 50 and 52 shall Consent >n
apply to water-course contiacts as if such contracts had been ccrtai n cases.
irrigation agreements.
68. Water-courses constructed under a water-course con- Water-course
tract shall be the property of the Government. to bc P ro ;
r * 7 perty of
Government.
! [68-A. Water-courses may be constructed by the State Constructions
Government for the irrigation of a compulsorily assess- f water-
ed area. Such water-courses shall be the property ofFV w *? {o *
of the Government but they shall be maintained by the perma- compulsorily
nent holders of land comprised in the compulsorily assessed assessed area,
area for the irrigation of which they are constructed by
such other permanent holders as may actually make use of
them for irrigation purposes.]
2 [68-B. (i) Where in a chak not less than half a mile
long or 80 acres in area, the State Government con-
siders it expedient to construct water-courses, it may, notwith-
standing anything in section 66, construct such water-courses
for such chak.]
s [(2) Water-courses constructed under sub-section (i) shall
bc the property of the Crown, but they shall be maintained
by the permanent holders of the chak for the irrigation of
which such water-courses are constructed and by such
1 Inserted by Act IX of 1945.
Inserted by Act XXV of 1049.
* Inserted by C. P. & B. Act XXV of i
The Central Provinces Irrigation Act, 1931 [ACT nr
other permanent holders as may actually make use of them
for irrigation purposes.]
Iirigation i[gg. Subject to the provisions of sections 68-A and 68-B ( i ),
Pfenchayats t j ie i rr ig a tion Panchayat shall, in accordance with rules
s b e j c^^or niade under this Act be responsible for the proper mainte-
maintenance nance of all water-courses constructed for that village, mahal
of w a t e r- or chak, as the case may be, and may call upon the perma-
courses. ncnt hoUg^ anc j occupiers of all land whether under an agree-
ment or within a compulsorily assessed area which is ordinarily
irrigated or may be irrigated through a water-course to ren-
der assistance in maintaining it, and in case of default to pay
such sums as may be assessed by the Executive Engineer.]
Power to con- 70. (i) Notwithstanding anything contained in the fore-
struct water- going provisions of this Chapter, Government may, subject
colter er- to ru ma< ^ e under this Act, enter into a contract with one
manent hold- or more of the permanent holders of irrigable land in a
ers. village, mahal or chak whereby Provincial Government
undertakes to construct water-courses and the permanent
holders undertake to bear the cost of construction and main-
tenance.
(2) When land not held by a permanent holder bound by
such contract is required for the construction of a water-
course, it shall be deemed to be required for a public purpose
and shall be acquired in accordance with the provisions of
the Land Acquisition Act, 1894. 1 of 1894,
Water-cours- 71. (i) A water-course constructed under section 2 [68-A]
cs to be an 3 or sec ti O n 68-B or section 70] shall be deemed to be an im-
men? r v e " provement affecting all the land for whose irrigation the water-
course was constructed, within the meaning of clause (5) of
section 2 of the Central Provinces Tenancy Act, 1920. Q. p ^ ct
(2) When any village servant, who has entered into a I of 1920.
water-course contract in respect of any land in his village
service holding, acquires the rights of an occupancy tenant
under the provisions of section 48 of the Central Provinces
Tenancy Act, 1920, he shall be deemed to have held the c. p Act
rights of an occupancy tenant under section 52 of the said I of 1920.
Act at the time he entered into the contract.
Power to 7- Where Government has constructed water-courses in
require raj- a raiyatwari village, it may require raiyats holding irrigable
yats in rai- i anc j j n t h at village to maintain such water-courses when,
l^to l m ain- in the opinion of Provincial Government, such raiyats are
tain water- in a position to do so.
courses. ^ jf at an y t i me t jj e Executive Engineer considers that
Power to a W ater-course, which has been constructed under agreemen
e- 4 [ r un . der section 6 . 8 ' A 1 5 tr section 68-B] or which the
paired. raiyats in a raiyatwari village have been required to main-
tain, is not in proper repair
(a) he may, by public proclamation in the villages
require that the repairs be made to his satisfaction
on or before a specified date; and
1 Substituted by Act XI of 1945.
2 Amended by Act XXV of 1945.
8 Amended by Act XXV of 194.9.
Inserted by Act XXV of 1945.
* Amended by Act XXV of 1949.
OF I 93 l ] The Central Provinces Irrigation Act, 1931 201
(b) if the repairs are not made to his satisfaction by such
date, he may stop the supply of water to the water-
course; or
(c) he may cause the repairs to be made and may collect
a sum not exceeding twice the cost thereof from the
permanent holders or occupiers in proportion to the
areas held by them in the land which is ordinarily
irrigated or may be irrigated under an agreement
through such water-courses :
'[Provided that where a village, ma.hal or chak has Recovery of
ceased to be under an agreement or any area has ceased to *ums due to
be compulsorily assessed to water-rate, the State Govern- Government,
ment shall not require the maintenance of water-courses
therein until such village, mahal or chak again conies under
agreement or such area is again compulsorily assessed.]
74. All sums recoverable by State Government under Power to
any of the provisions of this Chapter or recoverable by irri- make rules,
gation panchayats under section 69 may be recovered as
arrears of land revenue.
75. Rules may be made under this Act
(a) prescribing the forms of water-course contracts ;
(b) regulating the procedure of canal officers in discharg-
ing their duties under this Chapter, 2 [ ];
*[(bb) determining under section 68-B the liability of
permanent holders and the manner in which it
shall be discharged ;]
(c) prescribing the liabilities of permanent holders and
occupiers of land under section 69 ;
4 [(d) prescribing the circumstances in which the assess-
ment in compulsorily assessed area may be cancelled.]
CHAPTER IX
CONSTRUCTION AND MAINTENANCE OF PRIVATE
IRRIGATION WORKS
76. Subject to rules made under this Act, the State Power to
Government may make a grant or loan of money to a m *ke grants
permanent holder towards the cost of the construction or or * oan *. for
r r i construction
improvement of a private irrigation work. O f pr i v ate
irrigation
works.
5 [7-6A. (i) Any permanent holder desiring to construct Grant of per-
a dam or any other work of a similar nature in any river, mission to
natural stream, natural drainage channel, natural lake or permanent
other natural collection of water as part of a private irriga- holder to
tion work or a grant-in-aid irrigation work, may apply in dam, ^ic." in
writing in the prescribed form to the State Government any ' river,
through the Deputy Commissioner for permission to con- natural stre
struct such dam 01 work. am > etc *
1 Amended by Act XI of 1945.
* Omitted by ibid.
1 Inserted by Act XXV of 1949.
4 Inserted by Act XI of 1945.
8 Inserted by Act L of 1949.
sea i ne central provinces irrigation Act> 1931 [ACT n
(2) If, after making such inquiry as the Deputy Commis-
sioner thinks fit, he is satisfied that the application is in order
he shall cause public notice of such application to be given
at convenient places in the village and to be published in
such newspapers as he considers necessary.
(3) Such notice shall state the prescribed particulars and
shall require all persons having interest in such waters to
appear personally or by agent before the Deputy Commis-
sioner at a time and place therein mentioned (such time not
being earlier than thirty days after the date of publication of
notice) and to state the nature of the respective interests
in the waters in respect of which permission is sought and
objections, if any. The Deputy Commissioner may, in any
case, require such statements to be made in writing and
signed by the party or his agent.
(4) On the day so fixed, or on any other day to which
the inquiry *nay be adjourned, the Deputy Commissioner
shall enquire into the respective interests of the persons who
appear before him and the objections made to the grant of
permission, if any.
(5) After completing such inquiry, the Deputy Commis-
sioner shall forward to the State Government the
application together with the papers of tne inquiry and his
report. The State Government may, thereupon, either
refuse the application or grant the necessary permission in
the prescribed form subject to such conditions, as it may
deem fit, including the condition, where necessary, regarding
payment to the person who in the opinion of the State
Government is entitled to it, for the water likely to be appro-
priated by the permanent holder at a rate not exceeding the
rate which the permanent holder would have been required
to pay if the same quantity of water had in similar circum-
stances been given to the permanent holder from any canal
maintained by Government.
(6) The decision of the State Government, granting
or refusing such application or imposing conditions including
the condition regarding the rate at which payment for water
likely to be appropriated by the permanent holder is to be
made shall be final and conclusive.
(7) Where the State Government decides to impose
a condition regarding payment for the water likely to be
appropriated by the permanent holder, the payment of the
amount fixed under such condition to the person declared
'by the State Government to be entitled to it shall be a
full discharge of the State Government and the perma-
nent holder from all liability in respect of such payment, but
shall not prejudice any rights in respect of the right to receive
such payment to which any other person may be entitled
ty due process of law to enforce against the person to whom
payment is made as aforesaid.
OF 1931] The Central Provinces Irrigation Act, 1931 203
(8) Any sum payable under any condition attached to
the permission under this section which remains unpaid on
the day following the day fixed in that behalf shall be recover-
able as arrears of land revenue.
(9) No claim for compensation shall lie against the x [Govern-
ment] in respect of anything done by the State Government
under this section and no claim for compensation shall lie
against the permanent holder in respect of any action taken
in accordance with the permission received by him except as
provided in sub-section (5) of section 90.]
77. Where any grant-in-aid irrigation work has been con- Power to
structed or improved by or on behalf of a permanent holder enforce mam-
he and his representatives in interest shall, in accordance g C r ^nt- C in-aid
with rules made under this Act, keep such work fit for the irrigation
purpose for which it was constructed or improved. If such works,
work is at any time or in any manner rendered unfit or
appears likely to be rendered unfit for such purpose, the
permanent holder or his representatives in interest shall at
once report the matter to the Executive Engineer and shall
tarry out such repairs as the Deputy Commissioner, on
consideration of the Executive Engineer's report, may pres-
cribe. If the permanent holder or his representatives in
interest fails to make such a report or to comply with the
Deputy Commissioner's order, within such time as the Deputy
Commissioner may specify, the grant received from State
Government for that work may be recovered from the per-
manent holder or his representatives in interest in such
instalments and with such interest as may have been agreed
upon between the permanent holder and State Govern-
ment at the time when such grant was received by him.
Any sum so due which remains unpaid after the date fixed
for f its repayment shall be recoverable as an arrear of land
revenue.
78. Any permanent holder who desires to construct a Applications
private irrigation work, towards the construction of which for acquisl-
State Government has sanctioned a grant or loan of
money, and to acquire for such purpose the land of another
may apply in writing to the State Government through works,
the Deputy Commissioner, stating
(a) that he has endeavoured unsuccessfully to acquire
the land; and
(b) that he desires the Deputy Commissioner, on his
behalf and at his cost, to acquire the land for him
under this Act.
79. (i) If the Deputy Commissioner, after making such Demarcation
inquiry as may be prescribed by rules under this Act, consi- of k? d r ^ ul "
ders that the application should be granted, he shall require [^-aid 1 irriga-
the applicant to deposit, within such time as the Deputy tion works
Commissioner may specify, the estimated cost of the demar- and estimate
cation of the land which in his opinion it will be necessary of cost -
to occupy for the construction of the work, and, when such
deposit has been made, the Deputy Commissioner shall
proceed to demarcate such land and frame a preliminary
estimate of the cost of acquiring it under this Act.
1 Sub. by the Adaptation of Laws Order, 1950.
$04 The Central Provinces Irrigation Act, 1931 [ACT in
(2) If .such dcpmit is not made within the specified time
the* Deputy Commissioner may dismiss the application.
Power <rf 80. The Deputy dommissioner shall report the result of
Government his inquiry to the State Government which may, on receipt of
t0 *tf irCC f suc " 1 re P rt > either refuse the application or direct that the
land" 1 n for land demarcated be acquired by the Deputy Commissioner,
grant-in-a i d
irrigation
Acquisition 81. If the State Government directs acquisition of the
of land for land, the Deputy Commissioner shall proceed to acquire
grant-in-a i d the land under the Land Acquisition Act, 1894, as if the I of 1894.
works. 1011 State Government had directed the Collector to take order
for the acquisition of the land under section 7 of that Act.
Applications 82. Any permanent holder who desires to construct a
for acquisi- private irrigation work for which no grant or loan has been
for 11 ^rivatc sanctione d by State Government and to acquire for
irrigadon Va ^ suc ' 1 purpose the land of another person may apply in writing
works, to the State Government through the Deputy Commis-
sioner, stating
(a) that he has endeavoured unsuccessfully to acquire
the land ;
(b) that he desires the Deputy Commissioner, on his
behalf and at his cost, to acquire the land for him
under this Act;
(c) that he is willing and in a position to deposit, when
so required, all costs involved in the acquisition of
the land; and
(d} that he is in a position to meet the cost of construc-
tion of the work he desires to undertake.
Inquiry to be 83. (i) The Deputy Commissioner shall, thereupon, fix a
made by date ( o f w hich the person to whom the land belongs shall
Deputy Co- rece j ve not j ess t han a month's notice) for holding an inquiry
mmissioner. . . .. . ... ' . & ^ '
and shall publish a notice of the application and the date
fixed for the inquiry in the village or villages concerned.
(2) At such inquiry the Deputy Commissioner shall deter-
mine
(a) whether the proposed improvement is of sufficient
importance to justify action under this act;
(b) whether the most suitable situation or alignment
for the proposed work necessitates the acquisition
of the land;
(c} whether the execution of the work is likely to cause
damage to land belonging to other permanent
holders; and whether any such land should be
acquired ;
(rf) whether the statements in the application mentioned
in section 82 are true; and
(e) generally, whether the application should be granted
Demarcation 84. (i) If the Deputy Commissioner considers that the
redto pnva- a PP licati 9 n should be granted he shall require the applicant
ie irrigation to deposit, within such time as the Deputy Commissioner
works and may specify, the estimated cost of demarcation of the land
estimate of which in his opinion it will be necessary to occupy for the
*** I 93 I ] The Central Provinces Irrigation Act, 1931 205
construction of the work, and, when such deposit has been
made, the Deputy Commissioner shall proceed to demarcate
such land and frame a preliminary estimate of the cost of
acquiring it under this Act.
(2) If such deposit is not made within the specified time
the Deputy Commissioner may dismiss the application.
85. The Deputy Commissioner shall report the result of Power
his inquiry to the State Government which may, on receipt
of such report, either refuse the application or direct that acquisition of
the land demarcated be acquired by the Deputy Commis- land for
sioner. private irri-
gation works.
86. (i) If the State Government directs acquisition of the Acquisition
land, the Deputy Commissioner shall require the applicant ofbnd for
to deposit, within such time as the Deputy Commissioner gal^wo^ks
may specify, the cost of acquisition as estimated under section
82, and when such deposit has been made, shall proceed to
1 of 1894, acquire the land under the Land Acquisition Act, 1894,
as if the State Government had directed the Collector to
take order for the acquisition of the land under section 7 of
that Act.
(2) If such deposit is not made within the specified time
the Deputy Commissioner may, if he thinks fit, take no
further proceedings.
87. (i) If the final cost of acquisition is less than the Conditions of
amount deposited by the applicant under section 86, the delivery of
balance shall be returned to him, but if it is greater, he ^P** to
shall be required to deposit the deficit within a time to be
specified by the Deputy Commissioner. If the applicant
fails to do so, the Deputy Commissioner shall quash all
proceedings hitherto taken and return the amount deposited
under section 86 after deducting a tenth part thereof or the
actual expenditure already incurred, whichever is greater.
(2) When the final cost of acquisition does not exceed
the amount deposited by the applicant under section 86,
or when the deficit in the said amount has been duly deposited
by the applicant under sub-section (i), he shall be placed
in occupation of the land acquired.
(3) Thereafter the applicant and his representatives in
interest shall construct and maintain, to the satisfaction of
the Deputy Commissioner, all works which, in the opinion
of the Deputy Commissioner, are required for the passage of
water or traffic across the aforesaid land of water-courses
existing previous to the construction of the work for which
such land was acquired, and of drainage intercepted by
such work, and for affording proper communications across
it for the convenience of the neighbouring lands.
88. The State Government may delegate any of its powers Delegation of
under this Chapter to the Commissioner, in which case powers by
references to the State Government shall be construed as jjj * * Govern-
references to the Commissioner. men "
206
The Central Provinces Irrigation Act, 1931
[ACT in
Result of ap- 80. (i) If an applicant or his representative in interest
'
ure to con-
struct work
or comply
with condi-
tions.
Compensa-
tion for
damage.
Power to
make rules,
(a} to construct the \\ork for the purpose for which the
land has been acquired under this Act, or
(b) to construct and maintain the necessary works in
accordance with the conditions stated in sub-section
(3) of section 87 to the satisfaction of the Deputy
Commissioner
within a time to be specified by the Deputy Commissioner
or within such further time as the Deputy Commissioner may
from time to time allow, the person who owned the land at
the date of acquisition or his representative in interest may,
within one year of the expiry of the period mentioned above,
claim in the court of the Deputy Commissioner the return
of the land on payment of the compensation paid to him
after deduction therefrom of the amount paid under sub-
section (2) of section 23 of the Land Acquisition Act, 1894,
and any other sum which may be awarded by the Deputy
Commissioner for depreciation in the value of the land subse-
quent to acquisition.
(2) An order of the Deputy Commissioner for the return
of the land shall operate to re-vest the land in the person to
whom it belonged before the acquisition or in his representa-
tive in interest, as the case may be, subject to all the rights of
other persons existing at the time of acquisition.
90. (i) No claim for compensation shall lie against any
permanent holder for any damage arising from
(a) the stoppage or diminution of the percolation or
flow of water; or
(b) the deterioration of climate or soil ; or
(c) the stoppage of navigation, or of the means of drift-
ing timber or watering cattle :
Provided that compensation shall be payable where, as
a result of the construction of a private irrigation work,
(i) the rent or revenue of any land has been reduced, or
(ii) the supply of water to or from a tank or other con
structed work has been diminished.
(2) Claims under this section may be enforced by applica-
tion made to the Deputy Commissioner within one year
from the reduction of the rent or revenue, or from the dimi-
nution of the supply.
(3) Any person aggrieved by the decision of the Deputy
Commissioner under sub-section (2) may, within six months-
from the date of such decision, institute a suit in a civil court
to have such decision set aside or modified.
91. In addition to any rules for which provision is made-
in this Chapter, rules may be made under this Act prescrib-
ing
(a) the conditions on which grants or loans of money
may be made under section 76 ;
I of 1894.
OF 1931] The Central Provinces Irrigation Act, 1931 207
(b) the manner in which State Government may
enforce the proper construction and maintenance
of grant-in-aid irrigation works;
(c) the circumstances in which applications under
section 78 or 80 may be granted; and
(d) the procedure in any inquiry or proceeding under
this Chapter.
CHAPTER IX-A
REQUISITIONING OF TANKS, ETC.
gi-A. This Chapter shall be deemed to have come Commence-
into force on the 27th February 1948 and shall remain inment of
operation for a period of five years from that date. Chapter.
gi-B. (i) Whenever it appears to the State Government Requisition-
that it is necessary so to do for the purpose of providing ing of tanks,
better facilities for irrigation of land in the proximity of any etc *
tank, not being the property of the Government, it may by
order published in the Gazette, requisition such tank and
any canal or water-course or other construction connected
therewith. Every such order shall contain sufficient particu-
lars of the property to be requisitioned.
(2) From the date of the publication of the said order such
property shall be at the disposal of the State Government.
The State Government may thereafter use such property as
a canal system from such date as may be notified.
(3) The State Government may declare any part of land
commanded by the tank comprised in the requisitioned pro-
perty as a compulsorily assessed area in the manner provided
in section 1 2- A and thereupon all provisions of this Act appli-
cable to compulsorily assessed area shall apply to all such
lands :
Provided that no water-rate shall be payable by the owner
of the tank in respect of any parcel of land of which he is a
permanent holder and which was being irrigated from the
tank on the 2yth February 1948.
9I-C. (i) Whenever in pursuance of sub-section (i) of Payment of"
section 9 1 -B, any property is requisitioned, there shall be Compensa-
paid compensation determined in the manner and in accord- tlon *
ance with the principles hereinafter set out, that is to
say,
(a) where the amount of compensation can be fixed
by agreement, it shall be paid in accordance with
such agreement;
(b) where no such agreement can be reached, the State
Government shall appoint as arbitrator the District
Judge or the Additional District Judge or any Civil
Judge having jurisdiction over the area in which the
requisitioned property is situated ;
(c) no compensation shall be payable to any person
other than a person who, in the opinion of the State
Government or the arbitrator, owns or has an inter-
est in the tank requisitioned;
1 Inserted by section 2 of C. P. & Berar Act, XIX of 1948.
208 The Central Provinces Irrigation Act, 1931 [ACT IB
(rf) during the period the tank remains under requisi-
tion, the amount of compensation payable annually
to the person owning or having an interest in such
tank shall not exceed the average annual income of
such person during the three years immediately pre-
ceding the requisition calculated after deducting the
expenditure incurred on the maintenance of such
tank from
(i) irrigation dues ;
(ii) use of the tank for growing singhara, fishing or
any other purpose of like nature whether by
the person aforesaid himself or his lessee;
(iii) sale of grass from the embankment of the tank.
(2) The decision of the arbitrator in an arbitration pro-
ceeding under this section shall be final and conclusive and
save as provided in this section nothing in any law for the
time being in force shall apply to an arbitration under this
section.
(3) The payment of compensation under this section to
the person, who, in the opinion of the State Government or
the arbitrator, as the case may be, owns or has an interest in
the tank requisitioned shall be a full discharge of the State
Government from all liability in respect of such compensa-
tion, but shall not prejudice any rights in respect of the said
tank to which any other person may be entitled by due
process of law to enforce against the person to whom compen-
sation has been paid as % aforesaid.
Preparation gi-D. ( i ) There shall be prepared a list of all land com-
of hst of all manded by a tank requisitioned under sub-section ( i ) of
manded C by sect ^ on 9 r "^ as soon a ^ ter * ts requisition as possible.
a tank - (2) Every such list shall show the name of the occupier of
each parcel of land and whether water was being given to
him for the irrigation of his land from the requisitioned tank
and the water-rate paid by him, if any, to the owner of
the tank.
(3) Every such list shall be published in the manner laid
down by rules made under this Chapter and thereupon such
list shall be conclusive record of the facts stated therein..
Release from gi-E. ( i ) Where any requisitioned property is to be re-
requisition, leased from the requisition, the State Government may, after
making such inquiry, if any, as may be considered necessary,
specify by order in writing the person to whom possession of
the property shall be given.
(2) The delivery of possession of the property as aforesaid
to the person specified in an order made under sub-section
( i ) shall be a full discharge of the State Government from
all liability in respect of such delivery but shall not prejudice
any rights in respect of the property to which any other
person may be entitled by due process of law to enforce
against the person to whom possession of the property is so
delivered.
(3) Where the person to whom possession of any requisi-
tioned property is to be given cannot be found and has no
agent or other person empowered to accept delivery on his
op 193 1 ] The Central Provinces Irrigation Act, 1931 209
behalf, the State Government shall cause a notice declaring
that the land is released from requisition to be affixed on some
conspicuous part of the property and publish the notice in
the Gazette.
(4) When a notice referred to in sub-section (3) is pub-
lished in the Gazette, the property specified in such notice
*hall cease to be subject to requisition on and from the date
of such publication and be deemed, to haye been delivered to
the person entitled to possession thereof; and the State Gov-
ernment shall not be liable for any compensation or other
claim in respect of the property for any period after the said
date.
9I-F. (i) Subject to the provisions of sub-section (3) the
Siate Government may at any time when any requisitioned
property continues to be subject to requisition under sub-
section ( i ) of section 9 1 -B, acquire such property by publish-
ing in the Gazette a notice to the effect that the Government
has decided to acquire such property in pursuance of this
section.
(2) When a notice, as aforesaid, is published in the
Gazette, the requisitioned property shall on and from the
beginning of the day on which the notice is so published vest
absolutely in the State Government free from all encum-
brances and the period of requisition of such property
shall end.
(3) No requisitioned property shall be acquired under this
section except in the following circumstances namely :
(a) where any canals, water-courses or other works
connected with such tank have during the period of
requisition been constructed w r holly or partly at the
expenses of the State Government and the State
Government decides that the value of, or the right
to use such canals, water-courses or works should be
preserved or secured for the purposes of the State
Government or the owner declines to reimburse the
State Government the expenditure incurred on the
construction of such canals, water-courses or works
or any improvement made to the tank; or
(b) where the cost of restoring the property to its condi-
tion at the time of its requisition would, in the
determination of the State Government be excessive
having regard to the value of the property at that
time and the owner declines to accept the release
from requisition of the property without payment of
further compensation from the State Government.
(4) Any decision or determination of the State Government
tinder sub-section (3) shall be final, and shall not be called
in question in any court.
(5) In respect of any acquisition of requisitioned property,
the amount of compensation payable shall be ten times the
amount of compensation fixed under section gi-C or a sum
equal to the market value of the requisitioned property on
2io The Central Provinces Irrigation Act, 1931 L ACT n *
the date of notice under sub-section (i) whichever is less;
and such amount shall be determined and paid in accordance
with the provisions contained in clause (a) or clause (b) of
sub-section (i) and sub-section (2) of section gi-C.
(6) The payment of compensation under this section ta
the person who, in the opinion of the State Government
or the arbitrator, as the case may be owns or has an interest
in the tank acquired shall be a full discharge of the State
Government from all liability in respect of such compensa-
tion, but shall not prejudice any rights in respect of the said
tank to which any other person may be entitled by due
process of law to enforce against the person to whom com-
pensation has been paid as aforesaid.
Explanation : For the purposes of clause (a) of sub-
section (3) "works" includes any buildings, constructions,
improvements of every description and planting of any
mechanical contrivance designed to lift water from a tank.
Limitation gi-G. No claim for compensation payable under this Act
for claims $h a \\ \{ t against the Government if it is not preferred within a
Government 6 P er id of two years from the date on which a tank is requisi-
tioned or acquired.
Power to re- 9i-H. (i) If any difficulty arises in giving effect to the
move diffi- provisions of this chapter the State Government may by an
culty. order published in the Gazette amend any provision of this
Act other than that contained in this Chapter for the
purpose of removing the difficulty.
(2) Any amendment made by an order published under
sub-section ( i ) shall have effect as if enacted in this Act.
Rules. 9i-I. (i) The State Government may by notification make
such rules as appear to it to be necessary or expedient for
carrying out the provisions of this Chapter.
(2) In particular and without prejudice to the generality
of the foregoing power such rules may provide for the follow-
ing matters, namely
(i) the procedure to be followed in arbitration under
section gi-C,
(') the principles to be followed in apportioning the
costs of proceedings before the arbitrator.
Delegation of g,.j a The State Government may by notification delegate
power, a jj or an y Q f j ts p 0wers un der this Chapter, except the
powers specified in sections gi-H and 91 -I to any authority
which it thinks fit.
Interpreta- 9I-K. For the purposes of this Chapter :
tlon * (i) the defininion of canal in section 3 shall be construed
as if for the words "by the State Government"
occurring in clause (a) of that section, the words
"whether by the State Government or any other
person" had been substituted therein.
(if) the expression "requisitioned property" means
"property requisitioned under sub-section ( i ) of
section gi-B".
OF 1931] The Central Provinces Irrigation Act, 1931 *ii
CHAPTER IX-B
gi-L. The State Government may by notification apply Application
this Act with or without any moaifications, to any area of the Act to
in Berar. Bcrar -
CHAPTER X
RULES, OFFENCES AND REPEALS
92. ( i ) All rules for which provision is made in this Act General pro-
shall be made by the State Government and shall be consis- ions *****-
. , , . A ' dine rules,
tent with this Act.
(2) A rule may be general for all canal systems or for all
canal systems not expressly exempted from its operation, or
may be special for the whole or any part of one or more
canal systems, as the State Government may direct.
(3) Except the rules provided for in sections 21 and 22,
all rules shall be subject to the condition of previous publica-
tion.
(4) Where rules are subject to the condition of previous
publication a copy of the draft of the proposed rules shall be
laid on the table of the Central Provinces Legislative
Council. The State Government shall give the Council
an opportunity of discussing them, and shall take into consi-
deration any resolution concerning the same which may be
passed by the Legislative Council before finally publishing
them in the Central Provinces Gazette.
(5) In making any rule the State Government may direct
that a breach thereof shall be punishable with line which
may extend to fifty rupees, and, where the breach is a conti-
nuing one, with further fine which may extend to ten rupees
for every day after the first during which the breach has been
persisted in.
93. In addition to any power specially conferred by this Power to
Act, the State Government may make rules make rules.
(a) prescribing the manner in which irrigation pan-
chayats shall be constituted and dissolved, con-
ferring on them further powers and allotting to
them further duties, regulating their procedure
and providing for their remuneration ;
1 ["( a " 1 ) regulating the control and distribution of
irrigation beyond the outlet, prescribing the
authority controlling and distributing such irrigation
and providing for all matters connected with such
control and distribution including the levy and
recovery of charges for the purpose of remunerating
such authority.]
Ir sorted by Act LV of 1948.
2X2 The Central Provinces Irrigation Act, 1931 [ACT
(i) prescribing the rates at which diet-money shall be
paid to persons required to attend an inquiry under
this Act; and
(c) generally, for the purpose of carrying into effect the
provisions of this Act.
Offences and 94. Whoever , without proper authority, does any of the*
penalties, following acts, that is to say,
(a) damages, alters, enlarges or obstructs any canal;
(b) interferes with, increases 01 diminishes the supply
of water in, or the flow of water from, through,,
over or under any canal;
(c) interferes with or alters the flow of water in any
river or stream, so as to endanger, damage 01
render less useful any canal;
(d) being responsible for the maintenance of a water-
course, or using a water-course, neglects to take
proper precautions for the prevention of waste
of the water thereof, or interferes with the autho-
rized distribution of the water therefrom, or uses
such water in an unauthorized manner;
(e) receiving water in his fields for irrigation, neglects
to take proper precautions for the prevention of
w r aste of such water ;
(/") corrupts or fouls the water of any canal so as to
render it less fit for the purposes for which it is
ordinarily used;
(g) being a permanent holder, occupier, cultivator or
agricultural labourer, resident in a village in which
a proclamation under section 36 has been made,
neglects to attend at the place appointed or refuses
or neglects to carry out the duties allotted to him;,
(k) destroys, injures, defaces or moves any land-mark,
level-mark, water-gauge or other apparatus, fixed
by the authority of a canal officer ;
(i) causes animals or vehicles to pass on or across any of
the works, banks or channels of any canal after such
passage has been prohibited by a canal officer;
(?) causes or knowingly and wilfully permits animals to
graze or to be tethered upon the bank or border of
any canal after such grazing or tethering has been
prohibited by a canal officer;
(k) removes or injures any tree, bush, grass or other
vegetation growing on any canal; or
(/) cases himself on the banks or in the channel of a
canal,
shall, on complaint made by a canal officer, be punishable
with imprisonment which may extend to one month or with
fine which may extend to one hundred rupees or with both,
and, when the offence is a continuing one, with an additional
fine not exceeding twenty rupees for every day after the
first during which the offence has been persisted in.
OF '930 The Central Provinces Irrigation Act, 1931 213,
95. Whenever any magistrate imposes a fine upon any Compensa-
person for an offence under this Act, he may direct that the tlon to pri ~
whole or any part of such fine shall be paid by way of com- va e pcrsons *
pemsation to any person injured by such offence.
96* When any person is convicted of an offence under Power to
section 94, or of the offence of mischief under the Indian orc *er repairs
Penal Code in relation to any canal, the court may order to done *
him to remove the obstruction or repair the damage or
replace or repair the land-mark, level-mark, water-gauge or
apparatus, in respect of which the offence was committed,
within a period to be fixed in such order; and, if such person
neglects or refuses to obey such order within the period so
fixed, the Executive Engineer may carry out the work in
accordance with such order, and the cost thereof shall be
recoverable from such person by the Deputy Commissioner
as arrears of land revenue.
97. Any canal officer or canal subordinate may remove Power to
or cause to be removed from any canal any person who in remove per-
his view commits or is about to commit any of the offences
mentioned in clause (a), (b), (r), (A) or (/) of section 94.
98. (i) Any canal officer or canal subordinate may take Power to ar-
into custody without warrant any person who in his view rest . P erson
commits any of the offences mentioned in clause (<z), (b) chief" miS "
or (c) of section 94, and shall forthwith release him on bail,
or, if he fails to furnish bail take him, or cause him to be
taken, to the nearest magistrate having jurisdiction to try
the offence :
Provided that if there be no such magistrate within a dis-
tance of five miles, the canal officer or cana) subordinate
making the arrest shall take the offender, or cause him to be
taken, to the nearest police station, and the officer in charge
of such police station may cause him to be taken before the
nearest magistrate having jurisdiction to try the offence, or
may take sufficient security for his appearance before such
magistrate.
(2) The custody of any person to whom an offender may
be made over under sub-section ( i ) shall be deemed to be
lawful custody.
99. (i) Any canal officer may accept from any person, Composition
against whom a reasonable suspicion exists that he has com- of offences,
mitted an offence punishable under this Act or the rules
made thereunder, a sum of money not exceeding fifty rupees,
by way of Composition for such offence.
(2) On payment of such sum of money, the suspected
person, if in custody, shall be discharged, and no further
proceedings shall be taken against him in regard to the
offence so compounded.
(3) Rules may be made under this Act regulating the
procedure of canal officers in compounding offences.
1214 ^* Central Provinces Irrigation Act, 1931 [ACT in OF 1931]
Repeals and 100. (i) The Northern India Canal and Drainage Act,
savings. 1873, is hereby repealed in its application to the Central VIII of 1873.
Provinces.
(2) The Central Provinces Canal Management Act, 1919, C. P. Act
and the Central Provinces Canal Management (Amendment) I f X 9 J 9-
Act, 1923, are hereby repealed. C. P. Act
IV of 1923.
(3) But charges created, powers vested, rules, orders,
appointments, agreements and contracts made, and suits
instituted and proceedings taken under any of the said
Acts shall, as far as may be, be deemed to have been respec-
tively duly created, vested, made, instituted and taken
under this Act.
THE MYSORE IRRIGATION ACT, 1932
(AS AMENDED BY ACT, VH OF 1938)
Act I of 1932
WHEREAS it is expedient to make adequate provision for
the proper regulation and control of the supply of water
from irrigation works, for the regulation of customary labour
and for certain other matters pertaining to irrigation; It is
hereby enacted as follows :
CHAPTER I
PRKLIMINARY
1. This Act may be called the Mysore Irrigation Ac t, Short title.
1932.
2. The Government may, by notification in the oflk-ial Extent and
Gazette, extend this Act, or any portion thereof, to any c 6 * 106 "
local area or to any irrigation work or class of irrigation
works, and may also by a like notification subsequently
exclude any portion of such local area or any such irrigation
work or class of irrigation works from the operation of this
Act, from such date as may be specified therein.
All existing Acts, rules, orders or usages having the force
of law, in so far as they are inconsistent with any of the
provisions of this Ac t and the rules made thereunder in the
areas and with respect to the irrigation works or classes of
irrigation works to which this Act is extended, are repealed
to the extent to which they are so inconsistent :
Provided that nothing herein contained shall be deemed to
affect any acts done or liabilities incurred under the said
Acts, i ulcs, orders or usages having the force of law.
3. In this Act, unless there is anything repugnant in the Definition*,
subject or context,
(i) "Irrigation Work" includes
(a] all reservoirs, tanks, anicuts, canals, channels, irrigation
thalapariges and pipes constructed, maintained Work,
or controlled wholly or mainly by the Govern-
ment for the supply or storage of water ;
(/;) all works, embankments, structures, supply and
escape channels, connected with such reservoirs,
tanks, anicuts, canals, channels, thalapariges or
pipes and all roads constructed for the purpose of
facilitating the construction or maintenance of
such reservoirs, tanks, anicuts, canals, channels,
thalaparigcs, or pipes ;
(f) all water-courses and drainage works as herein-
after defined ;
215
New Irriga-
Jon Work.'
Water-
course '.
<Dra : nage
Work f
ti6 The Mysore Irrigation Act, 1932
(rf) all lands occupied by the Government for the
purposes of such reservoirs, tanks, aniruts, canals,
channels, tkalapariges, pipes and all buildings,
machinery, lences, gates and other erections,
occupied by or belonging to the Government
upon such lands ;
(2) "New Irrigation Work" means any work of irriga-
tion as defined in clause (i), constructed or com-
pleted after this Act comes into force and includes
extensions of irrigation works made after this Act
comes into force ;
(3) "Water-course" (hikkal] means any channel or
pipe which is supplied with water from an irrigation
work, but whirh is not maintained at the cost of
the Government, jnd in- hides all subsidiary works
connected with any such channel or pipe except
the sluice or outlet through which water is supplied
to such channel or pipe ;
(4) "Drainage Work" includes channels, either natural
or artificial, for the discharge of waste or surplus
water, and all works connected with or auxiliary
to such channels and escape channels from an
irrigation work, dams, weirs, embankments, sluices
groins and all works for the protection of lands
from flood or from erosion formed or maintained
by the Government either wholly or in part ;
'Deputy (5; "Deputy Commissioner" includes any officer ap-
Commis- pointed by the Government to exercise all or any
sioner.' of the powers of a Deputy Commissioner under
this Act ;
Irrigation (6) ''Irrigation Officer" means any officer not below
Officer.' the rank of an Assistant Commissioner or an Assis-
tant Engineer appointed by the Government to
exercise all or any of the functions of an Irrigation
Officer under this Act;
'Amildar (7) "Amildar" includes a Deputy Amildar ;
'Owner.' (8) "Owner" includes every person having an interest
in the ownership of the thing specified ;
Occupier (9) "Occupier" means, in respect of any land any
person who has an interest in the land and
cultivates the land himself or by his servants, or
by hired labour and includes a tenant ;
Magistrate/ ( IO ) "Magistrate" -means a Magistrate of the first
or second class and includes a Magistrate of the
third class specially empowered by tfye Government
to trv offences under this Act.
Appointment 4- The Government or. subject to such rules as may be
of officers. m *de under this Act, any officer whom the Government
* ' empowers in this behalf, may declare by notification in the
official Gazette, the officers by whom and the local limits
within which all or any of the powers or duties hereinafter
conferred or imposed on the Deputy Commissioner and the
Irrigation Officer, shall be exercised or performed.
[ACT i
OF 1932] The Mysore Irrigation Act, 1932 217
CHAPTER II
OF THE CONTROL OF WATER AND OF IRRIGATION WORKS
5. Any Irrigation Officer appointed in this behalf and Power to
any person acting under the general or special orders of such enter upon
Irrigation Officer may enter upon any land, building or ^ ^'*
& r i r i i_ purposes of
water-course, for the purpose of inspecting or regulating the inspection,
use of water, of measuring the land irrigated thereby, and etc.
of doing anything necessary for the proper regulation, main-
tenance and management of any irrigation work.
6. On any damage happening or being apprehended to Powers for
any irrigation work or in any other emergency, any Irriga- repairing or
tion Officer and any person acting under his general or preventing
special orders in this behalf, may at any time enter upon irrigation & "
any lands adjacent to, or in the neighbourhood of, any work,
irrigation work, and may repair any existing work, cons-
truct any new work, or take and utilise any material and
take any measure or do anything that may, in his opinion,
be necessary to prevent such accident or to save loss or
damage to any property or to repair any damage done.
7. When an Irrigation Officer, or any person acting Notice of
under his general or special orders in this behalf, proposes intended
under the provisions of section 5 or section 6 to enter into fn . try on
any building or enclosed court or garden attached to a ^^^
dwelling house into which water does not flow from any be given in
irrigation work, he shall previously give to the occupier certain cases,
of such building, court or garden such reasonable notice
as the urgency of the case may allow. Such notice shall
be in writing except in a case of emergency.
CHAPTER III
OF WATER-COURSES
8. (i) Any person desiring the construction, extension, Construction,
improvement, or alteration of a water -course may apply extension,
in writing to the Irrigation Officer and the said officer may, im provement
r v ? i i or alteration
after giving such notice and causing such enquiries as may of a water .
be prescribed by rules framed by the Government for the course on
purpose, either permit the applicant to construct, extend, the applica-
improve or alter the said water-course or, if the applicant tlon of
so desires, have it constructed, extended, improved or altered
through Government agency on such terms and conditions
as regards payment of costs, mode of execution and time of
completion, facilities to be afforded by the applicant to safe-
guard other interests or to benefit other lands whose owners
may apply for the same, and other matters as may be relevant
in each case, or may reject the application.
From the order of the Irrigation Officer an appeal shall
lie within thirty days from the date of the service of the said
order, to the Deputy Commissioner of the District and from
his decision, a second appeal shall lie within ninety days
from the date of the service of such appellate order to the
Revenue Commissioner whose decision thereon shall be final.
2i8 The Mysore Irrigation Act, 1932 [ACT i
(2; If it is necrssary to acquire any land fbi the purposes
of sub-section (i) the Deputy Commissioner may proceed
to acquire the same under the provisions of the Land Acqui-
sition Act, 1894.
Explanation. Notwithstanding anything contained in the
proviso to section (>(i) of the Land Acquisition Act, 1894,
the acquisition of any land under sub-section (2"). shall be
decked to be foi a public purpose.
No altciatiori 9. No water-course constructed, extended, improved, or
of water- altered under the provisions of section 8 shJl be altered
uuh^ronsrm without tlu ' Consent of the Irrigation Officer.
of Itrigatinn
Officer. _ i i i
Oblations IO Every owner or occupier ol land which receives a
of owners ol supply ol water fiom a water-course shall be bound
land r reiv-
ing supply (17) fo maintain such viator-course in a fit state of repair;
CO to allow thr usc of il to an V person entitled to the
same bv leason ol an order passed under sec tic n 8
01 othet \\ ise.
1 1* (0 If an > P '^niT or occupier of Ltnd which receives
fsaid a supph of xvnU'i fiom a water-course fails to fulfil any obli-
ohli?aiionfc. g atlon imposed on him by sub-cLiusr (a) of section 10, the
In lotion Of lien may requiie him by notice to execute the
nerrssaty \\ork or rcjMir \\itluti such period, not less than
five days from the date of service of notice, as may be pies-
cri'x-d therein, and in case of his default, may execute the
sarn * on his behalf.
(:*) The expenses incurred bv the Iir!<*ation Officer on
an\ work or repair under sub-section (i) shall be recoverable
from the defaulter as an airear of land revenue.
Settlement of 12. Whc!ievcr a dispute arises between two or more
disputes persons in repaid tr. their mutual rights or liabilities in
watcr-""^ respect of the use, construction or maintenance of a water-
course. course, or amoni> joint owners of a water-course as to their
respective shares of the expense of constructing or main-
taining such water-course or as to the amount severally
contributed by them towards such expense, or as to failure
on the part of any owner to contribute his share, any person
interested in the matter ol such dispute may apply in writing
to the Irrigation Offirer stating the matter in dispute.
Such officer shall thereupon proceed to make a summary
enquiry into the matter in the manner prescribed in the
Mysore Land Revenue Code, 1888, and pass his decision
thereon.
From the decision of the Iirigation Officer an appeal shV*
lie within thirty days from the date of the service of the said
decision to the Deputy Commissioner of the Distiict whose
order thereon shall remain in force, until set asid* by a
decree of a Civil Court.
OF 1932] The Mysore Irrigation Act, 1932 219
CHAPTFR IV
REGULATION OF IRRIGATION
13. (i) The Deputy Commissioner of the District or any Regulation
other officer specially empowered by the Government in o
this behalf may regulate in respect of any irrigation work [J
for each year or for a specified term of years at a time, as wo ,k.
circumstances nu,y require,
(i) the time for letting out water for inigation,
fii) the period of the supply, and
(Hi) the quantity of the supply,
after holding such enquiry as may be provided for by rules
framed by the Government.
/
(2) From the order of an officer other than the Deputy
Commissioner under sub-section (i), an appeal shall lie to
the Deputy Commissioner of the District within thirty days
from the date of such order and from the original or appellate
order of the Deputy Commissioner, an appeal shall lie to the
Revenue Commissioner, within ninety days of such order :
14. (i) Every person desiring the supply of water from i a
.a new irrigation work shall submit a written application to ncvv irr jg a .
that effect to the Irrigation Officer in such form as may be tion \\ork.
prescribed by the Government.
If the supply of water is desired for irrigation, it may be
granted for such period and on such terms as may be prescribed
by rules framed by the Government.
(2) Notwithstanding anything contained in sub-section (i),
the rates leviable for the supply of water for irrigation from
a new irrigation work constructed at an outlay of less them
one lakh of rupees and not falling under Chapter VI of this
Act shall be fixed in conformity with the provisions of the
Mysore Land Revenue Code, 1888, and the rules thereunder:
Provided that when such work is itself an extension of a new
irrigation w r ork constructed at a cost of riot less than one
lakh of rupees, the provisions of sub-section (i) shall apply
irrespective of the cost of the work.
(3) If the application is for the supply of water for purposes
other than those of irrigation, the Irrigation Officer may,
with the sanction of the Government, permit water to be
taken for such purposes subject to such special conditions
and restrictions as the Government may impose in each case.
15. The supply of water to any water-course or to any Supply of
person who is entitled to such supply shall not be stopped ater not to
except in the circumstances and subject to the limitations cxccpT^under
specified below, namely, certain cir-
(a) whenever and so long as it is necessary to stop such cumsrances
supply
(i) for the purpose of executing any work ordered by
competent authority; or
Tower of
Irrigation
Officer to
determine
the irrigable
area and
grant re-
mission of
assessment.
220 The Mysore Irrigation Act, 1932
(ii) in order to supply in rotation the legitimate demand
of other persons entitled to water ;
(b) whenever and so long as any water-course by which
such supply is received is not maintained in such r ^pair as to
prevent the wasteful escape of water therefrom ;
(c) whenever and so long as it may be necessary to do
so in order to prevent the wastage or misuse of water;
(d) within the periods fixed from time to time by an
Irrigation Officer acting under section 1 6, of which reason-
able notice shall be given.
16. (i) An Irrigation Officer specially empowered by
the Government, in this behalf, may in any year, having
regard to the quantity of water available in any irrigation
work under his control determine the portion of the wet
lands in the irrigable area of such irrigation work to be
cultivated with wet crops, or with dry or semi-dry crops,
and regulate the supply of water for irrigation accordingly.
(2) If, in accordance with a decision of the Irrigation
Officer under sub-section (i), any land assessed as wet is
not supplied with water for raising wet crops, the holder of
such land shall be entitled to remission of one-half of the
assessment of such land.
From the order of the Irrigation Officer under this section,
an appeal shall lie within thirty days from the date of the
service of the said order, to the Deputy Commissioner of the
District, and from *his decision a second appeal shall lie
within ninety days from the date of the service of such appel-
late order, to the Revenue Commissioner whose decision
shall be final.
Right to the 17. (i) All rights to the supply of water from an irrigation
water asses^ W rk tO any land ' building or other immovable property
with the pro- s ^ a ^ * )e presumed to have passed to the transferee with the
perty entitled transfer of such land, building or other immovable property
to the supply, whenever such a transfer has been rejected.
(2) No person entitled to the use of any irrigation work
or land appertaining to any irrigation work or to use the
water of any irrigation work shall sell or sub-let or otherwise
transfer his right to such use without the permission of the
Irrigation Officer duly empowered to grant such permission
except when such right is transferred with the land, building
or other immovable property having such right.
{ACT I
CHAPTER V
OF THE AWARD OF COMPENSATION
Gompensa- 18. Compensation may be awarded in respect of any
don award- substantial damage caused by the exercise of any of the
damage P owers . conferred by this Act, which is capable of being:
ascertained at the time of awarding such compensation :
OF 1932] The Mysore Irrigation Act t 1932 am
Provided that no compensation shall be so awarded in
respect of any damage arising from
(a) deterioration of climate or soil;
(b) stoppage of navigation or of the means of floating
timber or of watering cattle; or
(c) stoppage or diminution of the supply of water of
any river or stream flowing in a natural channel or
of any lake or natural collection of still water by the
application of such supply for the purposes of a
new irrigation work or otherwise, except in so far
as a right to the use of such supply may be estab-
lished ; or
(d) failure or stoppage of the water in a channel, when
such failure or stoppage is due to:
(1) any cause beyond the control of Government,
(2) the execution of any repairs, alterations or addi-
tions to the channel, or
(3) any measures considered necessary by any Irri-
gation Officer duly empowered in this behalf for
regulating the proper flow of water in the channel,
or for maintaining the established course of irriga-
tion, or under section 15 ;
but any person who suffers loss from any stoppage or _ . . .
r * r i i j -. r *if Remission of
diminution of his water-supply due to any of the causes water . rates
named in clause (d) of the proviso under this section, shall when allow-
be entitled to such remission of the water-rate payable by able,
him as may be authorised by the Government.
19. No claim for compensation under this Act for any _ . . . ..
i i 11 i ^ i ft. i r Limitation of
damage shall be entertained after the expiration of one year c i a j ms
from the time when the damage complained of commenced,
unless the Deputy Commissioner is satisfied that the claimant
had sufficient cause for not making the claim within such
period.
20. In every case of entry upon any land or building Co mpensa .
or the utilisation of materials under sections 5 and 6, the t k>n for
Irrigation Officer or the person making the entry shall damage
ascertain and record the extent of the damage, if any, caused caused by
by the entry, or in the execution of any work, to any crop, ^17 etc
tree, building or other property, and the value of the materials
taken or utilised,
and within one month from the date of such entry com-
pensation shall be tendered by the Irrigation Officer to the
landholder or owner of the property.
21. If such tender is not accepted, the Irrigation Officer Enquiry as to
shall forthwith refer the matter to the Deputy Commissioner compensa
for the purpose of making enquiry as to the amount of com- tion.
pensation and deciding the same.
222 The Mysore Irrigation Act, 1932 [ACT I
Claims to be 2 2. All claims for compensation under this Act other
preferred J than claims of the nature provided for in section 20, shall
GommissFon- ^ e made to the Deputy Commissioner having jurisdiction
er. over the local area wherein the land or part thereof in respect
of which damage is alleged to have been caused is situate.
Deputy com- The Deputy Commissioner shall enquire into all such
missioner to c i a j ms an j determine the amount of compensation, if anv,
determine the t i i j t it
amount o f wnic " should be awarded,
compensa-
tion.
Appeal. 2 3- An appeal shall lie to the Revenue Commissioner
from the decision of the Deputy Commissioner under either
of the two preceding sections as to the amount of compensa-
tion to be awarded within ninety days from the date of such
decision and the decision of the Revenue Commissioner
thereon shall be final.
Compensa- 24. All sums of money payable for compensation awarded
tion when under this chapter shall become due three months after the
c * final award has been made;
and simple interest at the rate of six per cent, per annum
shall be allowed on any such sum remaining unpaid after
the said three months, except when the non-payment of
such sum is caused by the neglect or refusal of the claimant
to apply for or receive the same.
CHAPTER VI
OF THE CONSTRUCTION AND IMPROVEMENT OF IRRIGATION
WORKS ON SPECIAL TERMS
Preliminary 25. Whenever it appears to the Government that the
enquiry to be construction or improvement of an irrigation work in any
held when j oca j area cannot be undertaken unless, on the lands irrigable
acreage con- ^Y such work, payment of a specified acreage contribution
tribution or or water-rate or both, is guaranteed, the Government shall
water-rate or di re ct the Deputy Commissioner or any other officer appointed
both is neces- i t m ^^ j^h^f to ^ o \^ an enquiry in the manner herein-
sary tor [ * '
undertaking atfer provided.
or^Im^oTe- The Government may by notification in the Official Gazette
men! of an declare that the provisions of this section shall not apply
irrigation to the construction or improvement of any irrigation work
work. or an y class of irrigation works.
Explanation. "Improvement" in this chapter means only
such improvement of an irrigation work as will materially
enhance the supply of water available therein for irrigation.
Procedure in 26. The Deputy Commissioner or other officer appointed
holding the to make the enquiry shall publish a notice in the village or
enquiry. villages concerned specifying the place at which and the
date (which shall not be earlier than thirty days after the
last date of such publication) on which the enquiry will be
held. The notice shall set forth the general scheme of the
OF 1932] The Mysore Irrigation Act y 1932 223
proposed construction or improvement, and estimate of the
capital and recurring expenditure involved, the area which
will be benefited by the scheme (hereinafter called the
benefited area) and the rates at which it is proposed to levy
contribution or water-rate or both in respect of the lands
within the benefited area, and shall invite the holders of such
lands to submit any obejctions or suggestions that they may
desire to make on or before the date prescribed in the notice
and to produce evidence, if any, in support of such objections
or suggestions on the date appointed for the holding of the
enquiry.
27* If the Deputy Commissioner or other officer appointed Report of th/
to make the enquiry after considering any objections or e "9 uinng
suggestions duly submitted and the evidence, if any, produced
and taking such further evidence as he thinks necessary,
finds that the holders of at least two-thirds of the land within
the benefited area give their consent in writing to such con-
struction or improvement and to the payment of the proposed
contribution or water-rate or both, he shall embody his
proceedings in a report, and submit the same to the Govern-
ment together with a statement of objections and suggestions
presented to him and any remarks he may desire to make
in respect of them.
28. Upon receipt of the report submitted under section 27, Government
the Government may, after such further enquiry, if any, as may aban-
it may make, either abandon the scheme, or proceed with do " f . P 1 ^
the scheme in the original form or with such modifications scheme
as it may consider necessary; provided that where the modi-
fications involve a substantial increase in the benefited area
or in the acreage contribution or water-rate to be imposed,
the provisions of sections 26 and 27 shall apply to the altered
scheme.
29. (i) The scheme as finally approved by the Govern- Publication
ment shall be published in the official Gazette, and it shall of the scheme
embody the following particulars : as finally
approved by
(a) a specification of the work which it is proposed l * ie Govern-
to construct or improve and an estimate of the ment -
capita) and recurring expenditure involved thereby;
(b) the estimated time required for the completion of
the work;
(c) a description of the benefited area;
(d) the rates at which contribution will be recovered
in respect of the lands in the benefited area and
terms of such recovery;
(e) the rates at which water-rates will be imposed on
the lands in the benefited area; and
(/') the fact that the consent of the holders of such
land has been obtained as provided in this Chapter.
(2) The contribution referred to in clause (d) of sub-
section (i) shall in no case exceed one-third of the difference
between the value of the wet and dry lands in the locality.
224 7~^ Mysore Irrigation Acti, 1932 [ACT i
(3) The water-rate referred to in clause (e) of sub-section
(i) shall be liable to revision after the expiry of a period 01
ten years and thereafter at intervals of not less than fifteen
years.
(4) The publication under sub-section (i) of a scheme
as approved by the Government shall be conclusive proof
that any consent recorded therein has been duly obtained.
Levy of con- 30, After the scheme has been carried out, the Deputy
tribution and Commissioner may, subject to such rules as may be prescribed
water-rate on b th Government in this behalf, levy from the holders of
lands within ,,.,. i i ^ i i i i
the benefited land within the benefited area in addition to the assessment
area. fixed under the provisions of section 1 12 of the Mysore Land
Revenue Code, 1888, contribution or water-rate or both at
the rates referred to in section 29. Such contribution or
water-rate shall be recoverable as a revenue demand :
Provided that the Deputy Commissioner may exempt
from the whole or any part of this liability any land in the
benefited area on the ground that the benefit from the
irrigation work does not reach such land:
Provided further that when a water-rate is levied from
the holder of any land under this section, no such rate shall
be leviable in respect of such land under the provisions ot
section 53 of the Mysore Land Revenue Code, 1888.
CHAPTER VII
OF OBTAINING LABOUR IN EMERGENCIES.
^ (j) Whenever it appears to an Irrigation Officer,
urgent works or m ms a bsence the Amildar of the taluk that unless some
o 7-epair, etc. work or repair is immediately executed, an irrigation work
would sustain such serious damage as to cause sudden and
extensive public injury,
or that unless some clearance of an irrigation work which
is necessary in order to maintain the established course of
irrigation or drainage is immediately executed, serious public
loss would occur,
and that the labourers necessary for the proper execution
of such work, repair or clearance cannot be obtained in the
ordinary manner in time to prevent such injury or loss,
it shall be lawful for such officer to require the patel or
patels of the village or villages in the vicinity to call upon
all or any of the able-bodied male persons who reside or hold
land in or near the locality where such work, repair or clear-
ance has to be executed to assist in the execution of the same
by their labour, as such officer or other person authorised
by him in this behalf may direct.
(2) Every person so authorised shall be deemed to be a
public servant within the meaning of the Indian Penal Code.
OF 1932] The Mysore Irrigation Act, 1932 225
An order made under the section shall be immediately Report to be
reported to the Deputy Commissioner. a . dc . b ?
r r J Irrigation
Officer.
32. All persons labouring or detained for the purpose of Payment for
labouring by day in compliance with a requisition made labour im-
under section 31 shall, as soon as may be reasonably practi- P re8se d
cable and in any case within fifteen days from the date of
such impressment, be paid by the Irrigation Officer or the
Amildar, as the case may be, for their labour and detention
at twenty-five per cent in excess of the rates for the time
being prevailing in the neighbourhood. If the persons are
required to work or are detained at night, they shall be paid
at double such rates.
33. Any person who does not accept the amount tendered Appeals
in payment under section 32, may appeal within thirty days against orders
from the date of such tender, to the Deputy Commissioner, " der sectlon
whose decision shall be final.
CHAPTER VIII
OF CUSTOMARY LABOUR
34. The provisions of this Chapter shall apply to tanks,
river and spring channels, feeder channels connected with ^ry labour
tanks, and other irrigation works which have been brought is enforce-
up to standard and handed over to the raiyats for upkeep, able.
1 [34A. For the purposes of this Chapter, an irrigation work
includes such work in an inam village, though it is not con-
structed, maintained or controlled wholly or mainly by
Government.]
35. (i) Every occupier of land, irrigated or served by any Nature of,
irrigation work, as well as the inhabitants of the village or and person
villages and all others who derive any benefit, directly or j? a ^^ e k) P er "
,. i n i i i 11 r r i lorm custo-
indirectly, from the work, shall perform, in respect oi such mary labour
work, without payment, the following customary labour: and the levy
(a) filling up gullies, cracks, ruts and holes in the earth trib^io n C Si
work ; lieu of
(b) removing any rank growth or pernicious weed; labour.
(c) clearing such underwood as may be ^considered by
the Irrigation Officer to be injurious;
(d) clearing sand or silt from sluices and branch channels
and repairing the earth work of petty and branch
channels and clearing the accumulation in sluices
and in all channels issuing from tanks, which ob-
struct the flow of water to the fields;
(i) maintaining the bund to the standard level and
with the slopes specified ;
(/) keeping in order the feeder channels of tanks;
(g) watching the bunds during rainy weather, turfing
the parts acted on by the waves, helping in opening
and closing the sluices, and generally performing
minor duties of this nature in order to prevent
breaches and other accidents.
1 Added by Act VII of 1938.
226 The Mysore Irrigation Act, 1932 [ACT i
r
Explanation. All land forming part of the registered or
recognised atchkzt of an irrigaiion work shall be deemed to
be land irrigated by this work, within the meaning of this
section.
(2) The Government may, by an order, direct in respect
of all or any of the aforesaid works in any locality that the
customary labour to be performed under this section need
not be performed either wholly or in part, or that in lieu of
such labour, a contribution in cash at such rates as may be
fixed under rules made in this behalf be levied from the
persons bound to perform the same; provided that no such
order of commutation shall be made except with the consent
of two-thirds of the number of persons bound to perform
such labour. Such order may at any time, be cancelled or
modified bv the Government.
Village patcl 36. It shall be the duty of the patel of every village J [and
responsible t he i nam d ar i ri the case of an inam village to] sec that in
formance^of res P ect ^ an y i rr ig at ion work situated in the village or
customary villages in his charge the customary labour specified in
labour. section 35 is duly performed and the work maintained in
an efficient condition.
Execution of 37. if an y perM>n, who under this chapter is bound to
work with con t r i DU t e Jahoui towards any irrigation work, neglects
hired labour ,, . . i ir i i i r
on failure of or refuses to do so, the patcl, J [the inamdar in the case of an
customarv la- inam village] or other officer empowered by Government in
hour. this behalf, may get the work performed by hired labour
after giving notice by beat of drum in the villages in which
the persons bound to do the work ordinarily reside or the
land served by such irrigation work is situate, requiring
such persons to carry out the work by a specified date and
on their failure to comply with the requisition within the
appointed time.
IMrrmina- 38. The quantum of labour which each person liable
non o quan- unc j er section .^ is bound tr> contribute, ancl the propor-
tum of labour . , *r i i r t -11 L *
to be contri- tionate share 01 laboui for each Village where an irrigation
buted. work serves more than one village, shall be determined in
accordance with rules framed by the Government in this
behalf.
Penalty for 39. Whenever any person who is bound to contribute
perform cas^ a ^ our unc * er section 35, neglects or fails to do so without
tomary la- sufficient and reasonable cause, the Irrigation Officer may
bour. levy from such ptrson a sum equivalent to the value of the
labour which such person is bound to contribute, and such
amount shall be recoverable as an arrear of land revenue.
From the order of the Irrigation Officer, an appeal shall
lie, within thirty days from the date of service of the order
to the Deputy Commissioner, whose decision shall be final.
1 Added by Act VII of 1938.
OF 1932] The Mysore Irrigation Act, 1932 227
CHAPTER IX
OF IRRIGATION PANCHAYETS AND BOARDS
40. Subject to such general or special rules as the Govern- Constitution
ment may make in this behalf, the Deputy Commissioner of an Ini-
may, when he is satisfied that a demand exists, constitute ga'ion Pan-
an Irrigation Panchayet for a village. c ayet *
Such Panchayet shall consist of the patel and the shan-
bhog of the village who shall be cx-qfficio members and of
not less than five and not more than seven other members
who shall be elected in accordance with rules made under
this Act, by and from among occupiers of land who are
interested by reason of such occupation in the proper main-
tenance of such work.
The elected members shall hold office for a period of three
years, but shall be eligible for re-election. Provided that
an elected member shall be deemed to have vacated his
offic^ if he ceases to possess the aforesaid qualification, or if
he absents himself without reasonable or sufficient cause
fiom three consecutive meetings.
41. Subject to such general or special rules as the Govern- Constitution
"lent may make in this behalf, the Deputy Commissioner oi an Trnga-
nay constitute an Irrigation Board consisting of t\\o or llun M' )arf l-
iijiie Panrhayets or delegates theiefrom in respect of an
irrigation \\ork irrigating more than one village.
The appointment of delegates to Irrigation Hoards shrill
be made in accordance with rules framed under this Act
and every delegate shall hold his office only for such time a. j
he continues to be a member of the Panchayet of which he
is a delegate.
42. The provisions of the following sections as regards
panchayets shall also apply as far as possible to Irrigation
Boards.
43. The Government may, by rules to be framed in this
behalf
(a) prescribe the functions of an Irrigation Panchayet;
(b) prescribe the procedure to be adopted by an Irriga-
tion Panchayet; and
(c) delegate to any Irrigation Panchayet any of the
powers vested in the Government or in a Deputy
Commissioner or in an Irrigation Officer uncier
this Act.
44. If in the opinion of the Deputy Commissioner, any Dissolution
Panchayet persistently makes default in the performance of of Pant-have .
the duties imposed upon it by this Act or rules thereunder or
exceeds or abuses its powers, such Deputy Commissioner
may, after giving an opportunitv to the members of the
Panchayet to be heard in their defence, order the Panchayet
to be dissolved.
The Mysore Irrigation Act, 1932 [ACT i
45. An appeal shall lie to the Revenue Commissioner
against the order of the Deputy Commissioner under section
44 and the order on such appeal shall be final.
CHAPTER X
PENALTIES AND PROCEDURE
* 6 * Whoever voluntarily and without proper authority -
Act - (0 damages, alters, enlarges or obstructs any irrigation
work;
(//) interferes with, increases, or diminishes the supply
of water in, or the flow of water from, through, over,
or under any irrigation work or does any act which
renders such irrigation work less useful than is
intended for the purpose for which it was cons-
tructed ;
(hi) opens, shuts or obstructs, or attempts to open, shut
or obstruct, any sluice in any irrigation work ;
(/?') corrupts or fouls the water of any irrigation work
so as to render it less fit for the purpose for which
it is ordinarily used;
(v) destroys, defaces or moves any land or level-mark
or water gauge fixed by the authority of a public
servant ;
(vi) destroys, tampers with, or removes any apparatus,
or part of any apparatus, for controlling, regulating
or measuring the flow of water in any irrigation
work ;
(r>ii) causes any animal or vehicle to pass on or across
any of the works, banks or channels of an irrigation
work contrary to rules made under section 56 after
he has been required to desist therefrom ;
(viii) causes or permits any animal to graze or be
tethered upon the bank or border of any irrigation
work ;
(/A 1 ) removes or injures any tree, bush, grass or other
vegetation intended for the protection of any
irrigation work ;
(#) puts up a dam across or otherwise obstructs the
free course of water, the right to which vests in
the Government ;
(xi) violates any rule made under section 56, the breach
whereof is declared to be an offence punishable
under this section; and whoever
(xii) being responsible for the use and maintenance of
a water-course, neglects to take proper precautions
for the prevention of waste of the water thereof,
or interferes with the authorised distribution of
the water therefrom, or uses such water in an
unauthorised manner, or prevents or interferes
with the lawful use of such water-course by any
person authorised to use the same, under
section 8 ;
OF 1932] The Mysore Irrigation Act, 1932 229
shall be deemed to commit an offence under this Act and
shall, on convictioa before a magistrate, be punished for
each such offence as is mentioned in sub-sections (i) to (vi),
(x) and (xii) of this section with fine which may extend to
one hundred rupees and for each such offence as is mentioned
in sub-sections (vii), (viii), (ix) and (xi) with fine which
may extend to fifty rupees.
47. Any person who, being duly called upon by the patel Penalty,
of his village to assist by his labour in the execution of any
work under section 31, refuses or neglects to comply with
such call without sufficient and reasonable cause shall, on
conviction before a magistrate, be punished with fine which
may extend to fifty rupees.
48. When any person is convicted of an offence under Persons con-
section 46, the convicting magistrate may order that the victed under
said person shall remove the obstruction or repair the damage j^ic 1 * to
or replace or repair the land-mark, level-mark, water-gauge repair the
or apparatus in respect of which conviction has taken place damage, etc.
within a period to be fixed in such order. If such person
neglects or refuses to obey such order within the period so
fixed any Irrigation Officer may carry out the work in accord-
ance with such order and the cost thereof shall be recoverable
from such person by the Deputy Commissioner as an arrear
of land revenue.
49. When the person causing any damage, alteration, Recovery of
enlargement or obstruction to any irrigation work without cost of repair-
proper authority cannot, after such enquiry as the Deputy irl g damage
Commissioner may deem sufficient, be ascertained or iden- w j? en d th - c
tified. the Deputy Commissioner may, on the recommend a- una scertain-
tion of the Irrigation Board or the Irrigation Panchayet able,
concerned with the work, after giving not less than one
month's notice to the occupiers of all lands benefited thereby,
and after hearing their representations, if any, recover from
them, as an arrear of land revenue, the cost of repairing
such damage, or of removing such alteration, enlargement
or obstruction, in such proportion as he thinks fit.
50. Nothing herein contained shall prevent any person Punishment
from being prosecuted under any other law for the time under other
being in force for any act or omission made punishable by la s not l)ar "
t his Act : rcd '
Provided that no person shall be punished twice for the
same act or omission.
51. Any person in charge of or employed upon any irriga- p ower to
tion work, may remove from the lands or buildings belonging remove
thereto, or may take into custody without a warrant, and obstruction
take forthwith before a magistrate or to the nearest police or dal a S e
station to be dealt with according to law, any person who w r S '
within his view
(1) wilfully damages, obstructs or fouls any irrigation
work, or
(2) without proper authority interferes with the supply^
or flow of water, in or from any irrigation work so *
as to endanger, damage, or render less useful any
irrigation work.
230 The Mysore Irrigation Act, 1932 [ACT i OF 1932
CHAPTER XI
MISCELLANEOUS
Power of 52. The Government or the Revenue Commissioner may
revision. ca ji f or anc i exam i ne the records of the proceedings under
this Act of a Deputy Commissioner or any Irrigation Officer
subordinate to it or him for the purpose of satisfying itself
or himself as to the correctness, legality or propriety of any
decision or order passed and the regularity of the proceedings
of such officer.
When on examining the records of any case, the Govern-
ment or the Revenue Commissioner considers that the order
of decision of such officer should be revised, it or he may
reverse or alter such order or decision or pass such othf-r
order as it or he may think fit. The Government alone
shall be competent to revise under this section any decision
or order which i declared by this Act to be final.
Power to 53. Any officer empowered under this Act to conduct
summon and an y enquiry, may exercise all such powers connected with
Wlt " ^ ie snmmonm ant ^ examining the witnesses and the pro-
duction of documents as are conferred on Civil Courts by
the Code of Civil Procedure, 1911, and every such enquiry
shall be deemed a judicial proceeding.
Manner of ^. Service of any notice under this Act shall be made in
serving accordance with the provisions of the Code oi Civil Procedure,
notices. * 7
1911.
Jurisdiction 55. No Civil Court shall take coini/ance of any suit filed
of Civil i n respect of any matter dealt with under the provisions of
Courts bar- Chapter v? Chapter VI, Chapter VII or Chapter VIII.
Power to 56. (i) The Government may, after due publication*
make rules, make rules not inconsistent with this Act to carry out all
or any of the provisions of this Act.
(2) The rules made under this section shall be published
in the official Gazette and shall thereupon have efiec t as ->i"
enacte.l under this Act.
THE COCHIN IRRIGATION REGULATION,
*935
Regulation No. VIII of 1 1 1 1 (1935)
[Passed by His Highness the Maharaja on the i $th day of Vri-
schigam, mi, corresponding to the ist *day of December
WHEREAS it is expedient to provide for the construction, Preamble.
repair and maintenance of Irrigation Works and for the
conservation and distribution of water for purposes of irri-
gation, it is enacted as follows :
PARTI
Preliminary
1. This Regulation may be called "The Cochin Irrigation Short title
Regulation, VIII of nn" and it shall come into force at and com *
once. mencement.
2. In this Regulation unless there is something repugnant Definitions.
an the subject or context ,
(i) "Irrigation Work" shall include
(a) all canals, channels, reservoirs, tanks which are
or may be used for the supply and storage of
water for agricultural purposes ;
(b) all works, embankments, structures, supply and
escape-channels, connected with such canals,
channels, reservoirs or tanks ;
(c) all water-courses which are supplied with water
from such canal, channel, reservoirs or tank;
(d) all drainage works, i.e., canals, channels, escape-
channels from a canal, channel, reservoir or
tank, dams, weirs, embankments, sluices, groins
or other works for the protection or benefit of
agricultural lands; and
(e) all lands occupied by the Government for the
purposes of such canals, channels, tanks, reservoirs
and all buildings, machinery, fences, gates, and
other erection^ occupied by or belonging to the
Government upon such lands.
{2) "Major Irrigation Work" means and includes all
works irrigating or useful for the 'drainage or pro-
tection of an extent of over 200 acres of agricultural
lands.
(3) "Petty Irrigation Work" means and includes all
works irrigating or useful for the drainage or pro-
tection of an extent of not over 10 acres.
231
2^2 The Cochin Irrigation "Regulation, 1935 [REG.
(4) "Minor Irrigation Work" means and includes all
irrigation works other than major and petty works
as defined above.
(5) "Irrigation Officer" means any Officer not below
the rank of a Revenue Inspector or an Overseer
of the Public Works Department, or a Panchayat
Overseer of the Panchayat Department, appointed
by the Government to exercise all or any of the
functions of an Irrigation Officer under this Regu-
lation.
(6) "Proprietor" means the owner of the land and
includes also Kanomdars and Panayamdars when
the Panayam is akin to kanom, and others holding
under favourable tenures.
(7) "Majority of proprietors" means proprietors of
more than one-half of the acreage benefited by an
Irrigation Work.
(8) "Irrigation". The term 'Irrigation' with its gram-
matical variations shall include drainage with its
corresponding variations.
(9) "New Irrigation Work" means any Irrigation Work
as defined in clause (i) constructed or completed
<ifter this Regulation comes into force.
(10) "Occupier" means in respect of any land any
person who has an interest in the land and culti-
vates the land himself or by his servants or by hired
labour.
Publication 3. The Government may, as soon as this Regulation comes
of names of j nto f orce an d at any time, by a notification in the Govern-
raent Gazette, publish the names of all the existing Irrigation
Works classed under 'Major', 'Minor' and 'Petty' Irrigation
Works and by similar notification publish the names of all
New Irrigation Works and the provisions of this Regulation
shall apply to such works.
Appointment 4. The Government may, by a notification in the Govern-
of Irrigation men t Gazette, appoint an officer or officers of the State as
r * defined in clause (5) of section 2 by name or by virtue of
office, as the Irrigation Officer and declare the local limits
within which such officer or officers shall have jurisdiction
and by a similar notification cancel or modify such noti-
fication.
PART II
Petty and Minor Irrigation Works
Construction, 5. The construction, repair and maintenance of Petty
tepair and irrigation Works shall devolve upon the proprietors of the
7pmv a irr7- lands benefited by such works,
gation Works
to devolve
upon Pro-
prietors bene-
fited.
1935] The Cochin Irrigation Regulation, 1935 233
6. If the proprietors of lands benefited by a Petty Irriga- Application
tion Work are unable to combine and carry out any repair*^ **** Pan "
or other work in connection with such work, or if, for any have* the re-
other reason, they desire to have such repair or work done pair of such
by Government, it shall be lawful for any of the proprietors work earned
to apply to the Panchayat having local jurisdiction to have out by Gov "
such repair or other work carried out by Government, The crnrnent '
application shall specify the name of the Irrigation Work,
the work proposed to be done to it, ; the area of lands to be
benefited by it and any other particulars which the Govern-
ment may prescribe from time to time.
7. On receipt of the application referred to in the last When the
section, the Panchayat may, after satisfying itseJf by making Panchayat
such enquiry as it may deem fit that the application is bonafide ^f^^e^oV-k
and is agreed to by the majority of the proprietors or should
be complied with in the general interests of the proprietors,
cause an estimate to be prepared and have the woik carried
out with the previous sanction of the Government.
8. (a) The construction, repair and maintenance of all Construction,
Minor Irrigation Works shall devolve upon the Government, nmnl-nance
of Minor
Irrigation
Works to
devolve upon
Government.
(b) (i) The Government may levy a cess on any area Power of
benefited by a new Minor Irrigation Work. Government
(2) Such cess shall be fixed upon an acreage basis and so evy CrsS '
as to ensure to the Government, a return of 3 per cent, on the
capital outlay, after making provision for depreciation and
maintenance :
Provided that nothing in this section shall apply to the
construction, maintenance or repair of bunds and other
structures put up for purposes of Kole cultivation.
9. In any local area it shall be competent for the Panchayat Procedure of
having local jurisdiction on the npplicati >n of any proprietor the Pancha-
interested in a new Minor Irigition Work to satisfy itself Ration * for
after making surh enquirv as it may deem necessary that the Minor Irriga-
work mentioned in the a .plication should be executed in tion Works,
the interests of the majority of proprietors, an 1, if so satis-
fied, to cause a plan and estimate of the work and a specifi-
cation of the lands which will be benefited thereby to be
prepared.
10. The plan, estimate and specification made under the Notice to put
last section shall be forwarded to the Registrar of Village n objections.
Pahchayats and an abstract of the estimate and of the speci-
fication of the lands likely to /be benefited shall be published
in the Gazette, with a notice calling upon all persons con-
cerned who may have any objection to the work being done
to put in their objection before the Registrar of Village
Panchavats within a time to be specified therein. Such
notice shall also be served upon the proprietors concerned.
The Registrar of Village Panchayats shall hear and record
the objections, if any, which may be put in and forward the
ame to the Diwan 1 with his opinion.
Presumably this now refers to the Chief Minister of Travancore-Cochin.
The Cochin Irrigation Regulation, 1935
[REG. vrn
work.
Accident to
any Petty
or Minor
irrigation
Work.
When Gov- IX . If no objections have been put in or if the majority of
"^proprietors agree to the work, the estimate may be sanc-
tioned and the work carried out. In any case in which
majority of proprietors do not agree, if it be found after
duly considering their objections that the work proposed
should be executed in the interests of the proprietors the
, Diwan may order the work to be carried out.
12. If, in the case of any accident being apprehended or
happening to any Petty or Minor Irrigation Work, any
work in the nature of an urgent repair is needed, failure to
carry out or delay in carrying out which is likely to cause
serious damage, the Registrar of Village Panchayats or the
Chief Engineer or the Diwan Peishkar may, notwithstanding
anything contained in sections 6 and 8 to 10, or4er the
execution of such work at the cost of the Government and
with their sanction.
Irrigation !<j. it shall be the duty of the Irrigation Officer to pcriodi-
Officer to cal j i ns p ec t a ll the Petty and Minor Irrigation Works
report pen- r ../ *, . t . / . , -^
odically on falling under the preceding sections and report to the Registrar
condition of of Village Panchayats the condition of these works. If the
such works. Registrar finds that any work is to be executed for the satis-
factory maintenance of any Minor Irrigation Work, he may
execute it at Government cost and with their sanction and
he may on being satisfied from such report or from other
reliable information that in case of any Petty Irrigation Work
the proprietors concerned have failed to maintain the work
or have maintained it unsatisfactorily, publish a notice calling
upon the proprietors of lands benefited by the work and also
serve it upon them to carry out the necessary work within a
prescribed period or to show cause why they should not do so.
The publication of the notice shall be by beat of tomtom
in the village in which the Irrigation Work is situate and by
posting copies thereof in some conspicuous places in such
village and in the village and taluk offices.
Necessary 14. If, as required by the notice mentioned in the last
works may be sect j orlj t he proprietors fail or refuse to execute or satisfac-
GovOTiment * torily execute the work or satisfy such officer that such work
cost on pro- should not be carried out, the Registrar of Village Panchayats
prietor's may, subject to such rules as may be issued by the Govern-
ment in regard to the funds and the agency to execute such
works, cause the work to be carried out at Government cost.
failure.
Oost of works jj. The amounts due from the proprietors for any work
executed execu t e d under sections 7, 12 and 14 shall be first charge
"om 7, SC i2 on t " ie l anc * s benefited by such work and shall be recovered
and 14 to \xpro rata from such land as arrears of public revenue in such
first charge equal yearly instalments or otherwise as may be fixed by the
on lands Government from time to time.
benefited.
The Government may remit, in whole or in part, the cost
of any Petty Irrigation Work, recoverable under the first
para, of this section.
1935] The Cochin Irrigation Regulation, 1935 235
PART III
Major Irrigation Works
16. The construction, repair and maintenance of all Major Construction,
Irrigation Works shall devolve on the Government. repair and
maintenance
of Major
Irrigation
Works to
devolve on
Government.
17. If, in any local area, the Diwan Peishkar or the Chief Procedure or
Engineer is satisfied on the application of any proprietor or construction
otherwise, that any new Major Irrigation Work should be[ ] ^ or Ir "
constructed or repaired, such officer may cause a plan and Work. J
an estimate of the work and a specification of the lands
which will be benefited thereby.
18. The plan, estimate and specification made under the Investigation
last section shall be forwarded to the Diwan and an abstract pi objections,
of the estimate and the specification of the lands likely to be lf anv *
benefited shall be published in the Gazette with a notice
calling upon all persons concerned who may have any objec-
tion to the work being done to put in their objections before
the Diwan Peishkar within a time to be specified therein.
The Diwan Peishkar shall hear and record the objections,
if any, which may be put in and forward the same to the
Diwan with his opinion.
19. If it be found after duly considering the objections that When the
the work proposed should be executed in the interests of the Government
proprietors the Diwan may order the work to be carried ma y car fy
out at the cost of the Government. out the work.
20. (a] Notwithstanding anything hereinbefore contained, Power to
the Government may levy a cess on any area benefited by a Government
new Major Irrigation Work constructed, restored or repaired, to levy cess>
after the passing of this Regulation.
(b) Such cess shall be fixed upon an acreage basis and
so as to ensure to the Government a return of 3 per cent, on
the capital outlay after making provision for depreciation
and maintenance.
21. It shall be the duty of the Irrigation Officer to irrigation
periodically inspect all the Major Irrigation Works and Officer to
report to the Chief Engineer the condition of these works report peri-
and he may, on being satisfied from such report or from other ^fltion f
reliable information that any work is to be executed for the Major Im-
proper maintenance of the work, execute the same at Govern- gation Works,
ment cost.
236 The Cochin Irrigation Regulation 1935 [REG. vm
PART IV
Private Irrigation Works
Application 22. Any peison desiring the construction of a new Irriga-
for construe- t j on Work for irrigating his lands may apply in writing to
Imga[ion nCWthe Diwan Peishkar stating
Work ' ( i ) that he has been unable to come to terms with the
owners of the land on which such work has to be
constructed or through which it will pass,
(2) thai he desires the Irrigation Officer, in his behalf
and at his cost to do all things necessary for acquir-
ing a right to so much of the said land as will be
necessary for such Irrigation Work, and
(3) that he is able to defray all costs involved in acquiring
such land and constructing such work.
Procedure of If the Diwan Peishkar considers
P e i s h ITa r ( fl ) t ^ iat tne construction of such work is necessary,
thereupon.
(b) that the statements in the application are true,
he shall call upon the applicant to make such deposit as he
considers necessary of any compensation which he may
consider likely to become due, and upon such deposit being
made he shall, after due enquiry, mark out the land which
in his opinion it will be necessary to acquire for the con-
struction of the work and shall give notice of the same to the
owners of such land. The notice shall also be published in
the Gazette and in the village in which the land is situate.
Objection to Within 30 days from the date of the above notice, the owner
construction , J . i i i i i T
to be made or an y ot her person interested in the land or in the Irrigation
to Diwan Work to which the notice refers shall apply to the Diwan
Peishkar. Peishkar by petition stating his objections to the construction
for which application has been made. The Diwan Peishkar
shall consider the objection and such evidence as may be
adduced by both parties or as he may himself call for, and
pass an order in writing stating the grounds of such order.
If the order be that the application is reasonable and
should be granted, the land tnarked out may, with the
previous sanction of the Diwan, be acquired under the Land
Acquisition Regulation.
Note. For the purposes of this section, the construction,
extension, improvement or alteration of any Irrigation Work
though executed solely at the expense of a private person
shall be deemed to be a public purpose under section 3 of the
Land Acquisition Regulation.
Conditions to 23. No such applicant shall be placed in occupation of
be complied such land until he had paid to the person named by the
with previous ofl j cer assum j n g tne l an d, the amount of compensation
occupation of awar ded anc * an Y damage occasioned by the marking out
land. and occupation of such land together with all expenses
incidental to such occupation.
1935] The Cochin Irrigation Regulation^ 1935 237
If such amount is not paid, the same may be recovered as
if it were an arrear of land revenue.
24. When any such applicant is placed in occupation of Conditions
any land the following conditions shall be binding on him : binding to
& secure con-
(1) The land shall not be used for any purpose other tinua ce of
than such Irrigation Work, except with the special occupation,
sanction of Government.
(2) The work shall be completed to the satisfaction of
the t)iwan Peishkar within such period after the
occupation of the land as may be determined by
such officer.
(3) The applicant or his representative in interest shall
pay the tax due on such land.
(4) In case the Irrigation Work is a water-course, the
applicant shall n^i^ain all works necessary for
the passage across such wat^r-course of any public
road or irrigation or drainage work in use at the
time of its corvstrur tion and of the drainage inter-
cepted by it.
If any of these conditions is not complied with, the right
of the applicant or his representative in interest to occupy
such land or work shall cease absolutely. Provided that ihe
liability to pay tax shall continue until the applicant or
his representative-in-interest has restored the land to its
original condition, unless the Diwan Peishkar decides other-
wise.
25. The provisions of sections 22 to 24 shall, so far as may Land for the
he, appl> to applications for extension or improvement of extension of
an existing Irrigation Work. Irrigation
^ fe Work to be
obtained
under s^me
procedure.
PART V
Obtaining materials in Emergencies
26. ( i ) Whenever it appears to an Irrigation Officer Impressment
that unless some work or repair is immediately executed anyf materials
iirigation or drainage work would sustain such serious ^
damage as to cause sudden and extensive public injury, such pa j r> etc .
officer or other person authorised by him in this behalf may
enter upon or kito any immovable property in the neighbour-
hood of any such irrigation or drainage work and take
possession of, appropriate and remove any trees and any
timber, bamboos, mats, ropes, straw, earth, stones or other
materials found in or upon such property, and use the same
for the purpose of such work, repair or clearance.
(2) Every person so authorised shall be deemed to be a
public servant within the meaning of the Cochin Penal Code.
238 The Cochin Irrigation Regulation, 1935 [ REG - VI1
Payment for 27. All persons whose materials may be taken under see-
the materials t i on 2 5 s hall, as soon as may be reasonably practicable and
ta en * in any case within 1 5 days from the date of such improve-
ment, be paid by the Irrigation Officer for such materials
at 25 per cent, in excess of their prevailing market rate.
Compensa- 28. Whenever as a result of the removal under section 26
tion for da- o f anv trees, bamboos, earth, stone or other materials, any
mage t ^^ e damage over arid above the price payable for such materials
materials, "^results directly to any person, the Irrigation Officer shall pay
to such person, a reasonable amount of compensation for
such damage, subject to such rules as may be framed in this
behalf by the Government.
Appeals 29. Against any order under section 28, an appeal shall
against orders } ie Io t ^ e Diwan Peishkar whose decision shall be final,
under section
28.
PART VI
Regulation of Wath Supply
Distribution 30. The distribution of the water of all Irrigation Works
of water of constructed, repaired or maintained by Government at their
Itructed C at cost > whetner wholly or partly, shall be regulated, by such
Government rules or orders as may be prescribed or issued by the
cost to be Government, from time to time.
regulated by
Government.
PART VII
Penalties and Procedure
Acts punish- 31. Whoever without proper authority does any of the
able under following acts, that is to say,
the Regula- J
^ on - (i) injures, alters, enlarges, or obstructs any Irrigation
Work;
(2) interferes with, increases or diminishes the supply of
water in, or the flow of water from, through, ovf-r
or under any Irrigation W r ork;
(3) interferes with or alters the flow of water in an Irri-
gation Work so as to endanger, injure or render less
useful any such work;
(4) being responsible for the maintenance of or using an
Irrigation Work, causes, or occasions waste of the
water in such Irrigation Work or interferes with the
authorised distribution of the water therefrom or
uses such water in an unauthorised manner ;
(5) corrupts or fouls the water of any Irrigation Work
so as to render it less fit for the purposes for which it
is ordinarily used;
IQ35] The Cochin Irrigation Regulation, 1935 239.
(6) destroys or moves any level-mark or water-gauge
fixed by the authority of a public servant,
shall be liable, on conviction before a Magistrate, to a
fine not exceeding Rs. 50 or to imprisonment of either descrip-
tion for a period not exceeding one month or to both.
Nothing in this section or sections shall apply to acts done
in respect of Irrigation Works which are exclusively owned
by private individuals.
32. Except where otherwise provided or where -an order Suit or apph
or decision is declared to be final, all claims in respect of" 11011 fo ^
anything done under this Regulation may be tried by the an injunction.
Civil Courts; but no such court shall entertain a suit or
application for the issue of an injunction to restrain the
exercise of any powers conferred by this Regulation upon
the Government or any person or body of persons or any
officer except where the result of the exercise of such power
is solely to adjudicate the rights between private parties.
33. The period of limitation for an appeal under this Period of
Regulation shall be thirty days from the date of the order limitation,
appealed against.
PART VIII
Miscellaneous
34. The Government may, from time to time and after Power to
hearing objections, if any, by persons interested, make rules Government
consistently with the provisions of this Regulation to regulate * leg m
the following matters :
(1) the proceedings of any officer who, under the pro-
visions of this Regulation, is required or empowered
to take action in any matter;
(2) the cases in which, and the officers to whom, and
the conditions subject to which orders and decisions
given under any provisions of the Regulation shall
be appealable;
(3) the persons by whom, the time, place or manner at
or in which, anything for the doing of which provi-
sion is made in this Regulation shall be done and
generally to carry out the provisions of this Regu-
lation; and
(4) the number of instalments in which the cost of
Petty Irrigation Works when carried out by Govern-
, ment may be recovered and the circumstances
under which remission of such cost may be granted.
Such rules shall, when published in the Gazette, have the
force of law.
240 The Cochin Irrigation Regulation, 1935 [REG. vm OF 1935]
Bar of action 35. No action shall lie against the Government for not
v * complying with the application of ryots for the construction,
repair, improvements or restoration of any Irrigation Work.
Rate of cess \ 36. The rate of cess fixed by the Government under see-
to be fixed by tions 8 and 20 s h a u be final and shall not be liable to be
Government . , , ^ ., ^
under src . questioned by any Civil Court.
tions 8 and
20 to be final
and not liable
to be ques-
tioned by any
CiviJ Court
om 37 * (*) The Government mav > b V a notification in the
Boards^thdr Government Gazette, constitute Boards for any local area
functions, ; for regulating the distribution of water of any Irrigation Work
power to or any part thereof in repair and for other purposes, as may,
make rules. f rom t j me to time, be prescribed by Government by rules
made under this Regulation.
(2) The Government may, by a like notification, dissolve
any Board constituted under sub-section (i).
(3) For the discharging of its functions, any Board con
stituted under sub-section (i) may, with the previous sanction
of the Government, levy a cess on the lands benefited.
(4) The Government may, from time to time, make rules
as to
(a) the number of elected and nominated members for
each Board;
(b} the term of office of the members of the Board;
(c) the qualification and registration of electorate, the
time and mode of election and any other matter
connected with election;
(d) the dissolution or supersession of Boards and the
consequences of such dissolution or supersession ;
(e) the powers and duties of the Boards;
(f) the conduct of business of their meetings;
(g) the appointment and punishment of their servants;
(A) the rates at which the cess may be levied;
(i) the mode of realising such cess;
(j) the purposes for which the money collected may
be utilised;
(k) the relations between two or more Boards; and
(/) all other matters necessary for carrying out generally
the purposes of this Regulation.
(5) All such rules shall be published in the Government
Gazette and thereupon they shall have the force of law.
THE MADRAS IRRIGATION WORKS
(REPAIRS IMPROVEMENTS & CON-
STRUCTION, ACT, 1943) (AMENDED
BY ACT IV OF 1945)
Act No. XVIII of 1943
An Act to provide for the repair or improvement
of private irrigation works, the construction of
new irrigation works, on private lands and the
supply of water from Government to private irri-
gation works, in the Province of Madras.
[$th October 1943.]
WHEREAS it is expedient to empower the Provincial Govern-
ment to repair or improve private irrigation works, to con-
struct new irrigation works on private lands, to supply water
from Government irrigation works to private irrigation works,
and to recover the cost of doing so in the cases aforesaid ;
J It is hereby enacted as follows :
2r * * * * -i
1. (i) This Act may be called the Madras Irrigation Short title
Works (Repairs, Improvement and Construction) Act, and extent.
1943-
(2) It extends to the whole of the State of Madras.
2. If, in the opinion of the State Government, it is Power to
necessary or expedient so to do (vide Amendment in Act VII re P air < im
of ,948) they may- Struct ^
irrigation
(a) execute or cause to be executed, repairs to any works and to
irrigation work in private ownership which is not su PP lv water
working at maximum efficiencv; from Govern-
" rnent irriga-
(b) improve or cause to be improved, any irrigation tion works.
work in private ownership ;
(c) construct or cause to be constructed, a new irrigation
work on land 3 f situated in an estate as defined
in the Madras Estates Land Act, 1908];
4 [{cc.) acquire in accordance with the provisions of
the Land Acquisition Act, 1894, any land in an
estate as defined in the Madras Estates Land Act,
1908, necessary for the purpose of constructing a
1 Substituted by Act VIII of 1948.
8 Omitted by ibid.
8 Amended by Act IV of 1945.
* Inserted by ibid.
2 4 I
242
The Madras Irrigation Works (Repairs, Improvement & [ACT xvui
Construction) Act* 1943
Recovery of
the cost and
of fees.
new irrigation work, if the work is intended to
serve lands situated in two or more estates as so
defined or partly lands situated in such estate or
estates and partly lands in ryotwari tracts and
construct or came to be constructed irrigation work
on the land which has been acquired.]
(d) provide for the supply of water from any Govern-
ment irrigation work to any irrigation work in
private ownership.
(i) The State Government shall
(a) meet in the first instance the cost of the measures
referred to in clauses (a), (b) or (c) of section 2;
(b) determine the amount of such cost aftei the execution
of the said measures ;
'[(<:) ****].
2 [(iA) In the cases referred to in clauses (a] & (b)
of section 2 the State Government shall be entitled to
recover in a lump sum the amount determined under clause
(b) of sub-section (i) from the land holder or other person
who by any law or custom is bound to keep the irrigation
work in repair.
(iB) In the case referred to in clause (c) of section 2, the
State Government shall be entitled to recover in a
lump sum from the landholder on whose land the new irriga-
tion work has been constructed
(i) if the irrigation work is intended to serve exclusively
lands situated in the estate, the cost of the measure
as determined under clause (b) of sub-section (i);
(ii) if the irrigation work is intended to serve partly
lands situated in such estate and partly lands in
ryotwari tracts, such proportion of the cost of the
measure as determined under clause (b) of sub-
section (i) as the extent of the lands in the estate
served by the irrigation work bears to f he total
extent of the lands served by the work :
Provided that the amount recoverable under this sub-
section shall not exceed the value capitalized at four per cent,
of the average net additional annual income estimated by
the State Government as likely to be derived by the
landholder as a result of the construction of the irrigation
work.
(iC) (a) On the expiry of five fasli years after the com-
pletion of the irrigation work, the State Government
shall determine the value capitalized at four per cent, of the
actual amount of the average net additional annual income
derived by the landholder as a result of the construction of
the irrigation work during the said fasli years.
i Omitted by Act IV of 1945.
* Inserted by ibid.
* Inserted by ibid.
OT '9431 The Madras Irrigation Works (Repairs, Improvement &
Construction) Act, 1943
(ft) If the value determined under clause (a) exceeds the
amount recovered from the landholder under sub-section (iB),
the difference shall be recovered from him and if such value
is less than the amount recovered from him, the difference
shall be refunded to him.
(iD) The irrigation work referred to in clause (ii) of
sub-section (iB) shall be maintained by the landholder and
the cost of maintenance shall be shared between the land-
holder and the State Government in the proportion in
which the cost of the work has been shared.]
(2) In the cases referred to in clauses (ft) and (c) of
section 2, where the person liable under sub-section *[(iA) or
sub-section (iB)] to pay the cost of the measures is the land-
holder of an estate as denned in the Madras Estates Land
Madras Act Act, 1908, he shall be entitled to apply under clause (ii) of
I of 1908. section 30 of the said Act for an enhancement of the rent
payable by the ryot? benefited by such measures.
Explanation. It shall not be open to any ryot to refuse
a supply or an improved supply of water which may result
from the measures aforesaid.
2 [(2 A) In the case referred to in clause (c) of section 2,
the State Government shall be entitled to
(a) fix the area to be irrigated from such work in the.
estate and in ryotwari tracts, if any ; and
(b) charge fees for the water supplied from the irrigation
work to the lands situated in ryotwari tracts, if
any, at such rates as they deem fit and recover the
fees from such persons, at such times and on such
terms and conditions, as may be specified in accord-
ance with the rules made under this Act.]
(3) In the case referred to in clause 3 [(cc) and (d)] of
section 2, the State Government shall be entitled to -
charge fees for the water supplied by them at such rates
as they deem fit, and the fees so charged shall be recovered
from such persons, at such times and on such terms and
conditions as may be specified in accordance with rules
made under this Act.
4. (i) Any cost or fee recoverable by the State Gov-cost and fees
ernment under section 3 shall become payable to them, payable on
on the person concerned being served with a written notice iss . ue f
of demand issued by such Government and in accordance w r . 1 * t e n f
with the terms thereof. demand.
(2) Such cost or fee shall carry interest, from the date
on which it becomes payable, at such rate as may be notified
by the State Government in that behalf.
1 Substituted by Act IV of 1945.
1 Inserted by ibid.
3 Substituted by ibid.
244 The Madras Irrigation Works (Repairs, Improvement & [AGT xvni
Construction) Act, 1943
Cost and fres c. Any cost or fee which has become payable under-
recoverable section
as an arrear ^
of land re- / fl \ may ^ recovered as if it were an arrear of land!
venue. \ / / i i 11 j
revenue from the person by whom it is payable; and
(b) shall be a charge on the interest of such person in
lands served by the irrigation work concerned.
Po\\ers of & The District Collector or any officer appointed by him
entry and in this behalf may, for the purposes of this Act, at all reasonable
inspection, times, enter upon and inspect any land including the irriga-
tion work, if anv, situated therein.
of 7. ( i ) The State Government may, bv notification
the powers of m the p ort ^ Geor& Qa^tte, delegate all or any of their
tne .rrovin- i i A i r % i i
cial Govern- powers under this Act except those conferred upon them by
ment. this section and section 11, to any person or authority sub-
ordinate to the State Government, and may in like
manner withdraw any powers so delegated.
(2) The exercise of any powers delegated und^r sub-
section fi) shall be subject to such restrictions, limitations
and conditions, and to control and revision by such authority
or authorities, as may be specified in the notification.
Jurisdiction 8. Any action taken or thing done under sect o i 2, 3 or
ousted COUI j ts 4 shall, subject to the provisions of sub-section (2) of section 7,
certain cases. ^ e ^ na ^ an ^ shall not, save as otherwise provided in any
rules mac'e under this Act, be liable t ) be called in question
in any couit of law; nor shall any court of law issue an
injunction in regard to any action or thing proposed to be
taken or done under section 2, 3 or 4.
Bar of cer- g, (j) ]\j o su {^ prosecution or other proceeding shall lie
tain proceed- a g a { nst any o ffi re r or servant of the State Government,
for anv net done or purporting to be d6ne under this Act>
without the previous sanction of the State Government.
(2) No officer or servant of the State Go. ernrnem shall
be liable in respect of any such act in any civil or criminal
proceeding, if the act was done in good faith in the course of
the execution of duties or the discharge of functions imposed
by or under this Act.
Limitation io. No suit shall be instituted against the J [Government]
for certain anc l no su jt, prosecution or other proceeding shall be instituted
proceedings. a ^ a j nst any officer or servant of the State Govern-
ment in respect of any act done or purporting to be done
under this Act, unless the suit, prosecution or other proceed-
ing is instituted within six months from the date of the act
complained of.
^T r ,J. (0 The State Government may 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
(a) for any matter required or allowed by this Act to
be regulated by rules ;
make nil
1 Sub. by the Adaptation of Laws Order, 1950.
OF 1943] The Madras Irrigation Works (Repairs, improvement & 245
Construction) Act, 1943
(b) for the proceeding to be adopted under this Act;
(c) for determining and adjusting tne rights and liabi-
lities of the landholders and ryots, where the imga-
tion work concerned serves two or more estates as
Madras Act defined in the Madras Estates L\nd Act, 1908 ;
I of 1908.
(d) any other matter for which there is no provision or
no sufficient provision in this Act and for which
provision is, in the opinion of the State Govern-
ment, necessary for giving effect to the purposes
of this Act.
(3) All rules made under this section shall be published in
the Fort St. George Gazette and upon such publication shall
have effect as if enacted in this Act.
12. The provisions of this Act and of any rules, orders, Act to o\<-r-
proceedings, action or other thing made, taken or clone nde other
thereunder shall have effect, notwithstanding anything in- rnarln ' rnls -
consistent therewith contained in any other enactment or
lav/ for the time being in force.
THE BIHAR PUBLIC IRRIGATION
AND DRAINAGE WORKS ACT, 1946
Act X of 1947
An Act to provide for the construction, improvement
and maintenance by the Provincial Government
of Irrigation, Drainage and other Works intended
to improve the condition of Lands.
Preamble. WHEREAS it is expedient 1o provide for the construction,
improvement and maintenance by the Provincial Govern-
ment of irrigation, drainage and other works intended to
improve the condition of lands;
It is hereby enacted as follows :
CHAPTER I
PRELIMINARY
Short title, * (0 This Act may be called the Bihar Public Irrigation
extent and and Drainage Works Act, 1946.
commence-
ment. (2) It extends to the whole of the State of Bihar.
(3) It shall come into force in any local area on such
date as th? State Government may, by notification in
the official Gazette, appoint in this behalf.
Definitions. 2 - I n tn i s Act, unless there is anything repugnant in the
subject or context,
(a) "Chief Engineer" means the Chief Engineer of the
Public Works Department of the State Govern-
ment, and includes any person appointed by the
Governor, by notification to the Chief Engineer
for the purposes of this Act either generally or in
respect of any proposed work or sanctioned work
specified in such notification ;
(b) "drainage work" means any work intended to
remove water from any land;
(c) "Executive Engineer" means the officer appointed
by the Governor to be Executive Engineer in any
area, and includes any person appointed by the
Governor, by notification, to be Executive Engineer
for the purposes of this Act either generally or in
respect of any proposed work or sanctioned work
specified in such notification;
(d) "person having an interest" means,
(1) in relation to any land for which rent is paid in
kind, the landlord and the tenant of such land ;
(2) in relation to any land, other than land referred*
to in sub-clause (3), for which rent is paid in
cash or for which no rent is paid, the person in
immediate possession of such land or, if such
246
The Bihar Public Irrigation and Drainage Works Act, 1946 247
person is an under-raw** having no right of
occupancy in the land, the raiyat of such land;
and
(3) in relation to any land the rent of which is remitted
under any law for the time being in force on the
ground that it has become unfit for cultivation
and which subsequently becomes fit for culti-
vation as the result of any action taken under
this Act. the landlord and the tenant of such
land ;
Explanation. In this clause "landlord" does not include
a village headman or a raiyat ; arid "tenant"
does not include an under-raw/.
(V "prescribed" means prescribed bv rules made by
the State Government under this Act;
(f "proposed work" means any work specified in
section 3 in respect of which a direction that it
shall be executed has not been issued under sub-
section ( i ) of section 5 ;
(^ "public irrigation work" means any work of ir-
rigation, or any system of such works, natural or
artificial, of which the construction, alteration or
maintenance bv the State Government appears
to that Government unsuitable for application of
Brri Act II r the provisions of the Bengal Irrigation Act, 187(1,
of iK;6 and includes
( i ) any work, embankment, structure, or supply or
escape channel connected with a public irrigation
work ;
('2} any head-\\oik, dam, weir, outlet, escape or
slime; and
(y) anv part ol any public irrigation work;
(//) "Revenue Officer" means any officer whom the
Governor may by notification appoint to discharge
all or any of the functions of the Revenue Officer
under this Act; and
(i) "sanctioned work 1 ' means a proposed work in
respect of which a direction that it shall be executed
has been issued under sub-section (n of section 5.
CHAPTER II
INITIATION OF PROCEEDINGS AND PREPARATION OF
SCHEME
3. (i) Whenever the State Government shall - decide Initiation of
whether on a report of an officer of Government or on an proceedings
application by anv person, that it is necessary that any o
the following works, namely -
{} any public irrigation work, ,
S48 The Bihar Public Irrigation and Drainage Works Act, 1946 [ACT a
(ft) any drainage work for the improvement or recla-
mation of agricultural lands,
(Hi) any drainage work for the improvement of public
health in any locality, or
(iv) any work for the prevention or control of flood,
should be constructed, improved, repaired or maintained,
the State Government shall publish in the prescribed
manner a description of the proposed work indicating the
situation of the proposed work the arrears of land likely
to be benefited or adversely afTected by the proposed work,
and any other particulars that may be prescribed, together
with a notice specifying
(a) a period which shall not be less than thirty davs
from the date of such publication, during which
any person whose interests are likely to be affected
by the proposed work, may present in writing to
the prescribed authority any objection to the pro-
posed work; and
(b) a date, which shall riot be less than one w?ek
after the expiration of the period mentioned in
clause (a), on which the prescribed authority shall
hear any objection received during the period
mentioned in clause (a) relating to the proposed
work.
(2) Every petition of objection under clause (a} of sub-
section (0 shall be accompanied by the prescribed fee, and
anv such petition not accompanied by the prescribed fee
shall be summarily rejected.
(3) The prescribed authority shall, on the dav appointed
for the hearing of objections or on any subsequent dav to
which the hearing may be adjourned, hold such enquiry
as it thinks fit.
Forwarding 4. After holding the enquiry referred to in sub-section (3)
of report by o f section 3, the prescribed authority shall forward a report
auttoritv to on tne Ejections raised to the State Government,
the State
Government.
Considera- 5. (1) The State Government may, after considering
tion of the the report of the prescribed authority submitted under
report of the sect - on ^ ^y notification, direct that the proposed work
authority by sna ^ not ^ e executed or that it shall be executed with such
State modification, if any, as ihr State Government may
Government specify,
and orders of
Government ( 2 ) If the State Government directs that the proposed
thereon. work shall not be executed, no further action shall be taken
in respect of such work.
(3) If the State Government directs that the proposed
work shall be executed with or without any modification,
it shall cause a detailed plan and estimate of costs of such
work to be prepared.
OF 1947] The Bihar Public Irrigation and Drainage Works Act, 1946 249
6. The detailed plan and estimate prepared under sub- Particulars to
section (3) of section 5 shal) be accompanied by such docu- ^ e c nt a inc d
nients as may be prescribed and shall contain the following ^cnts accozn-
particulars, namely : p a n y i n g
detailed plan
(a) the area likely to be benefited by the work; and estimate.
(b) the estimated cost of the work, including
(i) the estimated cost of the constructipn of the work;
(ii) the estimated cost of the acquisition of land and
payment of compensation; and
(m) the estimated cost of preparing a register under
Chapter VII; and
(c) such other particulars as may be prescribed.
7. At any time after the publication of a notification Orders of
under sub-section (i) -of section- 5 directing the execution of State
a proposed work, the State Government may, by noti- Go ^ ncnt
fication, direct that such work shall be executed with such^ctioned
modification or further modification as may be specified in work,
the notification :
Provided that when the State Government propose to
make any modification which in its opinion will adversely *
affect the interest of any person, it shall publish in the
prescribed manner particulars of such modification together
with a notice appointing a day, not less than thirty days
after the date of such publication, as the day on which
objections, if any, to such modification shall be heard, and
the provisions of sub-sections (2) and (3) of section 3 and
section 4 shall apply to such objection as if it were an objec-
tion to a proposed work notified under sub-section (i) of
section 3 and the State Government shall consider the
report of the prescribed authority on the objection.
CHAPTER III
POWERS OF OFFICERS PREPARING PLANS OR
EXECUTING WORKS
8. (i) For the purpose of investigating any proposed work, Powers of
or for the purpose of preparing plans and estimates or for officers arid
the purpose of executing any work, the Collector or the omp ^ nsatlon
Executive Engineer or the Chief Engineer, or any person <^used b*y the
authorised in this behalf by the Executive Engineer or the exercise of
Chief Engineer or the State Government may, such powers.
(a) enter upon, survey and take levels of any kind ;
(b) dig or bore into the sub-soil of any land;
(c) do all other acts necessary to ascertain whether the
land is suitable for any of the purposes of the pro-
posed work or the sanctioned work;
(d) set out the boundaries of the lands likely to be
benefited by the proposed work or the sanctioned
work and the intended line of the work;
250 7 he Bihar Public Irrigation and Drainage Works Act, 1946 [ACT
(?) mark such boundaries, levels and lines by placing
marks 01 cutting trenches; and
(/) if the survey cannot otherwise be made, cut down
and clear away any standing crop, tree, fence or
jungle or any part thereof :
Provided that no person shall, except with the consent
of the occupier thereof, enter any building or upon
any enclosed court or garden attached to a dwelling
horse, without previously giving such occupier at
least thirty-six hours' notice in writing of his
intention to do so.
(2) When any damage or loss .s caused to anv person by
I he exercise of any of the powers conferred by subjection n / v
such person shall, on an application to the Collector, be
entitled to receive from tlu* State Governmrm such
compensation as the Collector may by an order detennint.-.
'^\ p-xyrqen' of 'be compensation shall be made In- ilir
Collector in accordance with the order made bv him md' v r
sub-section (2).
f ,\) Any person aggrieved by an order passed bv the
Collector under sub-section (2) may, within sixty cb\* of
the date of such order, appeal to the prescribed authority.
CHAPTER IV
ACQUISITION OF LAND
. ^ jf- - / *" or interest in land, which, in tlir opinion o
^u"d. UPtl tac State Government, it is nece^rv to acquire for
any sanctioned work, shall be deemed to be nreded for a
public purpose within the meaning of the Land Acquisition
Art, 1894. "' * , uf t o (4l
P..W.T of I0 ' II} ^^withstanding anything to the contrary con-
Colle-cior ,o laineti in lhis Art or in th ~ *- an d Acquisition Act, 1894, ()r I of 1894
iakr immr<- in any other law or anything having the force of law, at any
<Ji,rc pox* <- time after th* puViicitioa of a notification under sub-section
Monofland. (j) o f sec tion .1 of the Land Acquisition Act, 1894, relating I O f 1 804
to any land needed for any sanctioned work, the Collector
may, with the previous approval of the State Govern-
ment take possession of such land, and such land shall there-
upon vest absolutely in the Government free from all
encumbrances :
Provided that, before or at the time of taking possession
of any land under this section, the Collector shall offer to
the persons interested compensation for the standing crops
and trees (irany) on such land and for any damage sustained
by them w'lich is caused by such sudden dispossession and
not excepted in section 24 of the Land Acquisition Act
1894, aTri > if such oflfer is not accepted, the value of such I of 1894.
rrops and trees and the amount of such other damage shall
be allowed in awarding compensation for the land under
the provisions of the said Act.
OF 1947] The Bihar Public Irrigation and Drainage Works Act, igj.6 251
(2) When the Collector 4akes action under sub-section (t)>
the requirements of section ^A of the Land Acquisition Act,
1894, shall be dispensed with.
n. For the purposes of the acquisition of any land referred Modi tication
I of 1894. to in section 8 or 9, the Land Acquisition Act, 1894, shall of the Land
have effect subject to the modification that the market culll 1
value of the tend shall be deemed to be the market value on
the date on which the notice referred to in sub-sccti')n (ij
of section 3, in tvspect of the work for which such land is
needed, is published under the said sub-section.
CHAPTER V
EXPENDITURE ON PROPOSED WORKS AND SANCTIONED
WORKS
12. d) All expenses incurred in connection with a Expenditure
proposed work shall be borne initially by the State in connection
Government. w j lh P r P K s -
ed work to be
borne by
(2) Foi the purposes of sub-section (i), the following State Govern
shall be deemed to be expenses incurred in connection \vith m ent.
a proposed work, namely :
(a) the cost of preparing under the orders of the State
Government a rough plan and estimate of cost,
if any, of the proposed work; and
(b) the cost of any action taken in accordance with
the provisions of sub-section ( i ) of section 8 before
the issue of an order under sub-section ( i ) of section
5 directing that the proposed work shall be executed
and all sums paid to any person as compensation
under sub-section (2) of section 8.
13. (i) All expenses incurred in connection with a sane- Expenditure
tioned work shall be borne in the first instance by the State in connection
Government and shall be recoverable in whole or to lth sane-
such extent as may be determined by the State Govern- tloned work *
ment fiom the persons having an interest in the lands bene-
fited by the said work.
(2) (a) The expenses mentioned in sub-section (i) shall
be recoverable in accordance with the provisions of Chapters
VII and VIII :
Provided that if benefits begin to accrue to any lands
from any portion of a sanctioned work before the whole of
such work is completed, the persons having an interest in
such lands shall be liable to pay, from the date on which
such benefits begin to accrue, the expenses incurred in con-
nection with the said portion and recoverable under sub-
section d).
252 The Bihar Public Irrigation and Drainage Works Act, 1946 [ACT x
(b) If any doubt arises as to the amount of the expenses
incurred in connection with any portion of a sanctioned
work, the decision of the State Government in the matter
shall be final.
(3) For the purposes of this section and of Chapters VII
and VIII, the following shall be deemed to be expenses
incurred in connection with a sanctioned work, namely :
(a) all the expenses specified in clauses (a) and (b) of
sub-section (2) of section 12 incurred in respect
of the said work before the issue of an order under
sub-section (i) of section 5 directing that the said
work shall be executed;
(b) the cost of preparing a detailed plan and estimate
of the said work under sub-section (3) of section 5;
(r^ all sums paid as compensation under the proviso
to sub-section ( i ) of section i o ;
(d) all sums paid as compensation under Chapter VI
of this Act;
(e) all sums awarded as compensation for any land
acquired under the Land Acquisition Act, 1894, 1 of 1894,
for the purposes of the said work ;
(/) the expenses incurred by the State Government
in the construction of the said work;
(g} the cost of making a survey and preparing a register
under Chapter VII; and
(h) interest calculated at the rate and in the manner
specified in section 22 on the amount of the expenses
mentioned in clauses (a) to (g).
Power of 14. At any time before the publication of a draft of the
State register under section 19, the State Government may
to^^mTk'e ^ ake suc h modifications in the estimated cost of the sanc-
modificauonsti ne d work as may appear to be necessary, and the esti-
in the esti- mated cost of the work, as so modified, shall be deemed to
mated cost b e t h e expenses of the work to be recovered from the persons
of wor ' liable to pay the same under the provisions of Chapters VII
and VIII.
CHAPTER VI
COMPENSATION
Compensa- 15. (i) Whenever any land other than the land acquired
icquttrtial 011 " undcr the Land Acc l uisition Act > l8 94> or otherwise for the I O f 1894.
damage. purposes of this Act, or any right of fishery, right of drainage,
right to the use of water or other right of property, is injuri-
ously affected by any act done or any work executed under
this Act, the person in whom such land or right is vested
may prefer a claim by a petition to the Revenue Officer for
compensation :
OF 1947] The Bihar Public Irrigation and Drainage Works Act, 1946 255
Provided that no person shall be entitled to claim compen-
sation
(a) for any damage sustained by him which, if caused
by a private person, would not render such person
liable to a suit ; or
(b) for any damage caused by
(i) any stoppage or diminution of percolation or of
floods,
(ii) any deterioration of climate or soil,
(Hi) any stoppage of navigation or of the means of
rafting timber or watering cattle.
(2) No claim for compensation shall be entertained unless
it is made within three years after the date when the act
was done or the work executed by reason of which the land
or right in respect of which compensation is claimed was
injuriously affected.
16. (i) The Revenue Officer shall consider all claims Determina-
made under sub-section (i) of section 15 and shall maketion of com
to the Collector his recommendation as to the amount ofP ensatlon -
compensation, if any, which should be paid and the person
to whom such amount should be paid.
(2) In making his recommendation under sub-section (i),
the Revenue Officer shall take into consideration the following
matters and no other matter :
(a) the market value of the land or right injuriously
affected at the time when the act was done or the
work executed ;
(b) the damage sustained by the claimant by reason
of such act or work injuriously affecting the land
or right ;
(c) the consequent diminution of the market value of
the land or ri^ht injuriously affected, when the act
was done or the work executed; and
(d) whether the claimant has derived or is likely to
derive any benefit from the act or work in respect
of which the compensation is claimed, or from
any work connected therewith, in which case the
estimated value of such benefit, if any, shall be set
off against the compensation which would other-
wise be paid to such person.
17* (i) The Collector shall, after considering the recom- Award by
mendation made by the Revenue Officer under section 1 6 Collector and
make an award determining the compensation, if any, to su k sc <J"? nt
be paid and the person to whom it shall be paid. proceedings.
(2) In addition to the market value of the land or right
as above provided, the Collector shall in every case award
a sum of fifteen per centum of such market value,
The Bihar Public Irrigation and Drainage Works Act, 1 946
[ACT x
(3) Any person who has not accepted an award made by
the Collector under sub-section (i) may proceed under
section 18 of the Land Acquisition Act, 1894, and thereupon! of 1894.
the provisions of sections 19 to 34 of the said Act shall, so
far as may be, apply.
(4) Payment of the amount awarded as compensation
under this section shall be made by the Collector in accord-
ance with the award.
CHAPTER VII
PREPARATION OF REGISTER AND ASSESSMENT OF
RATES
Order for 18. (i) When the construction of any work has been
survey and sanctioned under sub-section (i) of section 5, the State
of rcTStrr" 1 Government ma Y> b X notification, direct that after making
a survey, if necessary, a register shall be prepared by the
Revenue Officer in respect of the lands which may appear
to the State Government to be benefited or likely to be
benefited by the said work.
(2) Every such survey shall be made and register prepared
in the prescribed manner, and the register shall contain in
addition to the prescribed particulars, a statement of the
recommendations of the Revenue Officer as to the rates at
which the expenses incurred in connection with the work or
such portion thereof, as may be determined by the State
Governmen; under sub-section (i) of section 13 to be
recoverable, may be recovered from the persons having an
interest in the lands mentioned in such register and bene-
fited or likely to be benefited by the said work, together
with a statement showing the amount payable by each
such person.
Preliminary *9 (0 The Revenue Officer shall publish in the pres-
publication cribed manner and for the prescribed period the draft of the
of register, register prepared under sub-section (2) of section 18 and
shall receive during the period of publicat'on any objection
which may be made to any entry therein or to any omission
therefrom and shall consider all such objections, if any.
(2) When such objections have been considered, the
Revenue Officer shall forward the said draft together with
his own recommendations to the Collector, and the Collector
shall, after considering the said recommendations, forward
them with his own opinion to the prescribed authority for
orders.
(3) Any person aggrieved by an order of the Revenue
Officer passed on any objection made under sub-section ( i )
may, within thirty days of the date of such order, appeal
to the prescribed authority and the decision of the pres-
cribed authority on any such appeal shall be final.
OF 1947] The Bihar Public Irrigation and Drainage Works Act, 1946 255
20. When all appeals under sub-section (3) of section 19, Fin . a l
if any, have been disposed of and when the prescribed ca 4 on r j
authority mentioned in sub-section (2) of the said section Cement "of
has passed orders on the rates at which the expenses incurred amounts to
in connection with the work or such portion thereof as may he recovered
be determined by the State Government under sub-[ la ^j
section ( i ) of section 1 3 to be recoverable shall be recovered tenants .
from the persons liable to pay such expenses, the Revenue
Officer shall, in the prescribed manner, finally publish the
register, and the publication shall be conclusive evidence
that the register has been duly made under this Chapter.
21. (i) If it appears to the State Government at Alteration of
anv time after the final publication of the register under a ^ V 1 n t . s
section 20 that any alteration in the entries in such register, f^fiy pu hl
including any entry of the amount payable by any person, h s hed staie-
is necessary for anv reason which the State Government mem.
deems sufficient, the State Government may, by noti-
fication, declare its intention to alter the said entries in the
manner specified in such notification.
(2) The Collector shall publish such notification in the
prescribed manner and for the prescribed period, shall
receive during the period of such publication any objections
which may be made to the alterations proposed in the noti-
fication and shall consider all such objections, if anv, in the
prescribed manner.
(3) When such objections have been considered, the
Collector shall forward a report on such objections, together
with his own recommendations to the State Govern-
ment, and the State Government may, after considering
the said report and recommendations, by notification, order
that the entries in the register finally published under
section 20 shall be altered in the manner specified in the
order, and the register shall thereupon be deemed to have
been amended accordingly.
CHAPTER VIII
RECOVERY OF THE COST OF SANCTIONED WORK
22. (i) The amount entered against the name of any Recovery of
person in a register finally published under Chapter VII, cost of sane-
together with the interest on such amount at the rate of four tio " e< *. work
per centum per annum or such other rate not exceeding five^
per centum per annum as may be prescribed by the State
Government, calculated in the manner specified in sub-
section (2) from the date of the completion of the work,
shall, save where the provisions of section 24 are applied, be
recovered from the said person in such number of annual
instalments,. not exceeding ten as the Collector thinks fit.
250 J. ne Dinar JTUOIIC irrigation ana urainage yyor/cs ACI, 1940 [ACT
(2) The interest due from any person on each date of
payment shall be calculated on the whole amount entered
against such person in a register, or, where any portion of
such amount has already been paid, , on the whole of such
amount less the portion so paid.
Recovery of 23. The State Government may at any time order
cost of main- that the cost already incurred in maintaining a sanctioned
tenance. work and the amount calculated to be sufficient to cover
the future cost of maintenance shall, save where the provi-
sions of section 24 are applied, be recovered from the persons
having an interest in the lands benefited by the said work
and entered in a register finally published under Chapter
VII, in such manner and in such instalments as the State
Government may, by notification, direct :
Provided that the amount to be recovered under this
section from a person entered in a register finally published
under Chapter VII shall bear the same proportion to the
total amount calculated to be sufficient to cover the cost of
maintenance as fhe amount entered against such person's
name in the register finally published under Chapter VII
bears to the total expenses incurred in connection with a
sanctioned work.
Recovery of 24. (i) Instead of recovering costs as provided in sections
interest and 22 anc j 2 o t h e State Government may direct that a
cost of mam- , , . , . , , . , . . J r ,
tenance by a cess ^> e l evie d, as provided in this section, for the recovery
cess. of interest at the rate of four per centum per annum or such
other rate, not exceeding five per centum per annum, as the
State Government may prescribe on the expenditure
incurred in connection with any sanctioned work, and of
the annual cost of maintenance.
(2) The cess in respect of any work shall be charged on
the lands entered in the register prepared under Chapter VII
with reference to the said work at such rate or rates as may
be determined by the State Government.
(3) Such cess shall be payable annually, or at such intervals
of less than one year, as the State Government may by
general or special order, direct.
Explanation. In this section "expenditure incurred in
connection with the sanctioned work" includes the items
specified in clauses (a) to (g) of sub-section (3) of section 13
but does not include the item specified in clause (ti) thereof.
Payment of 5 (i) All sums due from any person under this Act
dues and shall be paid by such person to the prescribed authority,
recovery ofj n t jj e prescribed manner and on the prescribed date,
arrears. r
(2) Any sum due under this Act shall, if it is not paid on
or before the prescribed date, be recoverable from the person
from whom it is due or from his successors-in-interest as a
public demand payable to the Collector.
OF 1947] The Bihar Public Irrigation and Drainage Works Act, 1946 257
CHAPTER IX
MISCELLANEOUS
26. Every sanctioned work and every modification of any Works to be
sanctioned work shall be constructed and maintained by^ stru( * .
, ~ and mam-
the State Government. tained by
Government.
27. No suit shall lie against the State Government orst^te
any servant of the 1 [Government] serving in connection with Government
the affairs of the State in respect of ' or ^vfBccrs
r not liable for
(a) any loss caused by the failure or stoppage of water loss or da-
in any irrigation work or the failure or partial ma s e -
failure of any drainage or other work mentioned
in sub-section (i) of section 3 owing to any cause
whatsoever, or
(b) any loss or damage caused by the overflow of water
from any such work or resulting directly or indirectly
from any such work.
28. No suit shall lie in any Civil Court to vary or set Bar of suit
aside any order passed or proceeding taken under this Act m Civil
i J i , \ i A Courts in res-
or under any rule made under this Act. pert O f
orders and
proceedings.
29. No suit or proceeding shall lie against any person m No suit in
respect of anything in good faith done or purported to be respect of
done under this Act or under any rule made under this Act. acts done m
7 good faith.
30. Every claim for compensation for any loss resulting Claim for
from any act done or purported to be done under any of the cpmpensa-
provisions of this Act shall include the whole of the claim * lon *. mc } u "
iT . ,, . . . . , dc claim for
lor compensation in respect of every loss which the person cvery j oss<
making the claim has sustained or is likely to sustain as a
result of such act, and where any person orrits to claim
compensation or intentionally relinquishes any claim to
compensation in respect of any such loss, he shall not after-
wards be entitled to claim any compensation in respect
thereof.
31. (i) The State Government may, after previous Power to
publication, make rules to carry out the purposes of this m * kc rules.
Act.
(2) In particular and without prejudice to the generality
of the foregoing powers, the State Government may make
rules
(a) to 'prescribe
(i) the authority to whom objections referred to in
clause (a) of sub-section ( i ) of section 3 shall be
presented and who shall enquire into such
objections under sub-section (3) of that section
and make a report on the objections to the
State Government under section 4; and
() the manner of publication and the particulars
that may be prescribed under the said sub-section;
x Sub. by the Adaptation of Laws Order, 1950.
258 The Bihar Public Irrigation and Drainage Works Act t 1946 [ACT x OF 1947]
[b] to prescribe the fee to be paid on an objection made
under clause (a] of sub-section ( i ) of section 3 or
under section 7;
(r) to prescribe the documents and the particulars
referred to in section 6 ;
(d) to prescribe the manner in which the particulars
of any modification of a sanctioned work shall
be published under section 7;
(e) to prescribe the authority to whom appeals under
sub-section (4) of section 8 shall lie;
(/) to prescribe the manner in which a survey shall be
made and a register prepared under sub-section (2)
of section 18 and the particulars which such register
shall contain ;
() to prescribe the manner in which and the period
for which a draft register shall be published under
sub-section (i) of section 19 ;
(h) to prescribe the authority to whom the Collector
shall forward his recommendations under sub-section
(2) of section 19;
(/') to prescribe the authority to whom appeals under
sub-section (3) of section 19 shall lie;
(j) to prescribe the manner in which a register shall be
finally published under section 20;
(k] to prescribe the manner in which a notification
issued under sub-section (i) of section 21 shall be
published and the period for which it shall be
published under sub-section (2) of the said section;
(/) to prescribe the manner in which objections made
under sub-section (2) of section 21 shall be considered;
(m) to prescribe the rate of interest, if any, under sub-
section (i) of section 22;
(n) to prescribe the rate of interest under sub-section ( i )
of section 24 ;
(0) to prescribe the authority to whom, the manner in
which and the date on which sums due from any
person shall be paid under sub-section (i) of sec-
tion 25;
(p) to regulate the supply of water from any public
irrigation work; and
(q) to regulate the grant of remission of cess when the
supply of water from any public irrigation work
is insufficient for the lands entered in a register
with reference to such work.
Powers to be 32. The powers conferred by the Act are in addition to,
cumulative. an j no t in derogation of, any powers which would be exer-
cisable by the State Government or any officer of that
Government apart from this Act.
Bihar* ActXI 33- The Bihar Public Irrigation Works Act, 1939, is Bihar Act XI
of 1939. hereby repealed, f '939-1
THE MALABAR IRRIGATION WORKS
(CONSTRUCTION AND LEVY OF CESS)
ACT, 1947 (AMENDED BY ACT XVIII
OF 1947)
Act No. VII of 1947
An Act to provide fc?r the construction of irrigation
works and the levy of water-cess by the Govern-
ment in the district of Malabar.
WHEREAS the Government propose lo undertake tLe
construction of lar<L>e and important irrigation works in the
district of Malabar ;
AND WHERLAS the Gov eminent should ha\e fower to
ronstiuct irrigation works and icgulale the supply of water
iheieftom notwithstanding that such constitution or icgu-
lation may interfere with private rights in water-courses;
AND WHEREAS it is also necessary that payment of watei-
eess should be made obligatoiy in respect of lands the irn-
jL-ation of which is pcimitted under this Act, whether water
is actual!) trken for the cultivation of such lands or not;
It it hereby enacted as follows :
i. (i) This Act may be called the Malabar Irrigation Shirt tnlc.
Works (Construction and Levy of Cess) Act, 1947. extent ard
commence-
ment.
(2) It extends to the whole of the district oi Malabar.
(3) It shall ccrnc into foicc c n inch date as the GcnomreLt
may, by notification in the J'(>it St. George Gazette , appoint.
2. In this Act unless there is am thing repugnant in the Definition,
subject or context
(a) 'cultivator" means a person who cultivates lands
solely by his own labour, or with the help of the
labour of the members of his tarwad or family or
of hired labourers or of both ;
(b) "Government" means the State Government;
(c) Irrigation work includes
(i) all canals, channels and reservoirs constructed,
maintained or controlled by the Government
for the supply or storage of water for purposes
of irrigation ;
(ii) all dams, embankments, weirs, sluices groins and
other works connected with such canals, channels
and reservoirs ;
(iii) all supply, evcape or drainage channels connected
with such canals, channels and reservoirs ;
2 59
260 The Malabar Irrigation Works (Construction & Levy
of Cess) Act, 1947
(d) "permit" means a permit issued under this Act;
(e) ' 'prescribed" means prescribed by rules made under
this Act;
(f) "water-course" means a river, stream, natural
channel, lake or natural collection of water and
includes any tributary or branch of any river,
stream or channel.
Construction 3, It shall be lawful for the Government on any land
of irrigation De i on gi n g to them or acquired by them for the purpose, to
construct an irrigation work of any kind, for utilizing the
water in any water-course for the purpose of irrigation, not-
withstanding that such construction may interfere with the
right of any person or persons to take water from such water-
course for the purpose of irrigating his or their lands, or for
any other purpose.
[ACT vn
4. All lands required for the construction of an irrigation
of lands for *, , n , j j vu *u
construction wor k shall be acquired in accordance with the provisions
of irrigation of the Land Acquisition Act, 1894, subject to the following Certral Act
work. modifications: I of 1894.
(1) It shall be open to the Government to make and
publish a declaration under section 6 of the said Act without
following the procedure laid down in sections 4(1) and 5- A
of that Act.
(2) On the publication of a declaration '[in which
case, references in that Act to the date of the publication of
the notification under section 4(1) thereof shall be construed
as references to the date of the publication of the declaration
under section 6 thereof],
(3) If any land acquired is or forms part of the bed of a
water-course, the compensation to be awarded for such land
under the said Act shall not exceed the value of an equivalent
extent of land on either bank adjoining the land acquired
and situated within such limits as may be prescribed.
Explanation. For the purpose of this clause, the expression
"land on either bank" shall not include land covered by
buildings or structures.
Consequen-
irrigation
. (i) Notwithstanding any law, custom of usage to
contrar y> whenever the Government construct an irriga-
work for utilizing the water in a water-course
(/) all the water in such water-course and all tributaries
and branches thereof shall become the property of
the Government and the Government shall be
entitled to utilize and distribute such water in any
manner they think fit ;
() it shall be lawful for the Government to lead the
water for the purpose of irrigation through such
water-course or through any other water-course
with which it is or may be connected, although the
bed of either water-course may not belong to them;
Inserted by Act XVIII of 1948. ~~~
OF 1947] The Malabar Irrigation Works (Construction & Levy 261
of Cess] Act y 1947
(Hi) no person shall, without the sanction of the District
Collector or any officer authorized by him in that
behalf, do anything which obstructs or interferes
or is likely to obstruct or interfere with the flow of
water in such water-course or in any other water-
course with which it is or may be connected ;
(iv) no person shall, except in accordance with the
provisions of this Act, take water for the purpose of
irrigation from any such water-course or any other
water-course with which it is or may be connected.
(2) The provisions of sub-section (i) shall also apply to
any water -course utilized by the Government for leading
water for purposes of irrigation from a tank constructed by
them.
6. (i) Any person who, by reason of the construction ofCompensa-
an irrigation work or exercise of the powers conferred on thetion.
Government by or under this Act, is deprived of the right
which Pie had of taking water from a water-course for the
purpose of irrigating his land or any other purpose, or suffers
material diminution in the supply of water which he has
been accustomed to get for any such purpose, shall be entitled
to compensation for such deprivation or diminution, as the
case may be.
(2) The compensation payable under sub-section (i),
shall be assessed
(i) in case water was being used for the purpose of
irrigating a land, at fifteen times the reduction in
the net annual profits of the land caused or likely to
be caused by such deprivation or diminution;
(n) in case water was being used for any other purpose,
at twelve times the net annual loss suffered by such
deprivation or diminution.
(3) Every claim for compensation shall be preferred in the
prescribed form, to such authority, as the Government may
direct
(a) in the case of deprivation of the right referred to
in sub-section (i), within one year from the date
on which a notification is published in the District
Gazette intimating the completion of the irrigation
work ;
(b) in the case of diminution in the supply of water,
within one year from the date thereof.
(4) Such authority shall place the claim before, or forward
v it to, the Special Court constituted under section 7.
(5) The Special Court shall inquire into the claim and
if it finds that compensation is payable, assess the same in
accordance with the provisions of sub-section (2). If two
or more persons are interested in the amount of the com-
pensation so assessed such amount shall be apportioned in
such manner as the Special Court may determine.
262 The Malabar Irrigation Works (Construction & Levy [ACT v
of Cess) Act, 1947
Constitution 7. ( r ) The Government shall constitute a Special Court
Court and * r t ^ ie disposal f claims for compensation preferred und'*r
appointment section 6 and appoint a District Judge as Judge of that Court.
(2) The Judge of the Special Court shall conduct the
inquiry with the aid of two assessors appointed by the Govern-
ment for the purpose, either generally or for any particuhu
case.
(3) One of the assessors shall be tin officer of the Revenue
Department not below the rank of Deputy Collector and the
other shall be an officer of the Public Works Department
not below the rank of Executive Engineer.
(4; The assessors appointed under sub-section (2) shall
attend throughout the inquiry. At the conclusion of the
inquiry, the Judge shall ascertain and record the opinions
of the assessors. He shall after taking into consideration
the opinions of the assessors pronounce his decision, but he
shall not be .bound by their opinions.
(5) If, in the course of the inquiry with the aid of assessors,
any assessor is prevented from attending the inquiry or
absents himself and it is not practicable to secure his attend-
ance, the inquiry shall proceed with the aid of the remaining
assessor. If both the assessors arc prevented from attending
or absent themselves, the inquiry shall be held with the aid
of fresh assessors appointed b\ the Government.
PDWCIS an i 8. (i) The Special Court shall have the same power? as
fh r e Ced S >ecUl are VCSted in a . Givil C Urt Under the C de f Civil Procedure >
Court. !98j when trving a suit in respect of the following matters: Central Act
V of 1908
(/') enforcing the attendance of any person and examin-
ing him on oath ;
(u] compelling the production of documents; and
(in) issuing commissions for the examination of witnesses.
(2) The Special Court shall also have such further powers
as may be prescribed.
(3) Every inquiry by the Special Court shall be deemed
to be a judicial proceeding within the meaning of sections
193 and 228 of the Indian Penal Code. Central Act
XL V of
Apjx*alis. g. (i) From every decision of the Special Court as regards
the amount of compensation or its apportionment, an appeal
shall lie to the High Coun.
(2) Subject to the decision of the High Court in cases in
which an appeal is preferred under sub-section (i), the
decision of the Special Court shall be final and shall not be
liable to be questioned in any court of law.
fVrniHs. 1C. (i) Permits shall be issued in respect of all lands the
irrigation of which is allowed by or under the orders of the
Government from any irrigation work.
OF 1947] The Malabar Irrigation Works (Construction & Levy "63
of Cess) Act) 1947
(2) Every such permit shall be issued by such authority
and shall be in such form and subject to such conditions, as
may be prescribed; in particular, the permit shall specify
the period in every fasli during which the land may be
irrigated and the source from which water may be taken for
irrigation thereof :
Provided that where the 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
fixed in that behalf in the notification, except on payment
of such fee, by such authority, and on such terms, as may le
specified therein.
(3) Every permit shall be served on, or tendered tir, the
cultivator of the land in respect of which it is issued, in suchT
manner as may be prescribed.
("4) The cultivator may, within two months from the date
of service or tender of the permit^ apply to the Revenue
Divisional Officer for the cancellation or modification of the
permit on the ground that it is not advantageous for him to
use the water for irrigating his land or any specified portion
thereof. The Revenue Divisional Officer may, after such
<nquiry as he thinks fit, by order in writing, cancel or modify
or refuse to cancel or modify the permit.
(5) Against any order of the Revenue Divisional Officer
under sub-section (4), the cultivator may, within two months
fiom the date on which the order is served on, or tendered to,
him appeal to the District Collector who shall, after Riving
him an opportunity of being heard, pass such order on the
appeal as he thinks fit.
(6) The cultivator shall not be entitled to call in question
the permit issued to him except in the manner provided for
in sub-section (4) or sub-section (5).
(7) Any authority empowered by the Government in this
behalf may, at any time, for reasons to be recorded in writing,
by order, cancel or modify the permit.
(8) Every permit issued under sub-section (i), with such
modifications, if any, as may be made therein under the
foregoing provisions, shall remain in force until it is cancelled
under this section and be binding on the cultivator for the
time being of the land.
n. The grant of a permit shall not confer any enforceable Power ^ to
right against the Government and thev mav, if circumstances cut . ^
"P. . ' '' . ri^ctri
or
restrict sup-
the extent of the land which may be irrigated with such
so require, cut off or reduce the supply of water or restrict } of watcr>
water .
12. It shall be lawful for the Government to levy every Levy of
f&sli, water-cess on all lands in respect of which a permit water-cess,
has been issued under this Act and is in force, in accordance
with such conditions and ai such rates, as may be prescribed,
whether the lands are actually irrigated from the irrigation
work or not.
264 The Malabar Irrigation Works (Construction & Levy TACT vri
N of Cess) Act, 1947
Water-cess to 13. The water-cess payable by any person under this
char e ***** ^ ct s ^ a ^ ^ e a ^ rst c ^ ar e u P on ms interest in the land and
the crops raised thereon.
Enhance- 14. Any increase in the yield of the land or in the extent
ment cf rent o f land cultivated by reason of the supply of water from any
9f jo? ibit irrigation work shall not entitle a landlord as defined in the
^ee pro 11 Malabar Tenancy Act, 1929, to claim any enhancement of^ T a ^ ra Act
the rent or renewal fee payable to him nor shall such increase I93 *
be taken into account in determining "fair rent" under that
Act.
Levy of 15. Where any water is taken or used otherwise than under
water-cess anc ] j n accordance with the conditions of a permit in force
U " I VTT i ssue d under this Act, the Government may levy water-cess
of 1865. under the Madras Irrigation Cess Act, 1865.
Control of 16. The Government shall have power to prohibit or
navigation, regulate by licences or ^ otherwise, navigation in any water-
course to which section 5 applies.
Power of 17. (i) Any officer of the Revenue Department not below
entry, in- the rank of Revenue Inspector or of the Public Works Depart-
spection, etc. ment not bdmv the rank of Supervisor may, with or without
assistants or workmen, enter upon any land in order to make
any inspection, test, examination, survey or measurement
for the puprose of executing any work in connection with
the construction or maintenance of an irrigation work,
(2) In case of any damage to an irrigation work due to
accident or otherwise or in case of apprehended danger to
any such work, any officer aforesaid may, with or without
assistants or workmen, enter upon any land adjacent to
such work and execute works necessary for the purpose of
repairing such damage or the prevention of danger to the
irrigation work.
(3) In every case in which action is taken under this
section, the officer aforesaid shall tender compensation to
the proprietors or occupiers of the lands concerned for all
damage done to the same. If such tender is not accepted,
the officer shall refer the matter to the District Collector who
shall proceed to award compensation for the damage as
though the Government had directed the temporary occu-
pation of the lands under section 35 of the Land Acquisition
Act, 1894. Central Act I
of 1894.
Poraltics. 18. (i) Whoever does any act in contravention of clause
(iii) of sub-section (i) of section 5 or that clause read with
sub-section (2) of that section shall be punished with im-
prisonment which may extend to six months, or with fine
which may extend to one thousand rupees, or with both.
(2) Whoever contravenes an order of the Government
prohibiting navigation in a water-course or does any act in
contravention of a rule regulating navigation in a water-
course shall be punished with fine which may extend to one
hundred rupees. \
OF 1947] The Malabar Irrigation Works (Construction & Levy 265
of Cess) Act, 1947
19. (i) No suit or other legal proceeding shall lie against Bar of suits
the Government, at the instance of any person * nd P roceed *
7 ' A ings.
(a) in respect of any act done or purporting to be done
under this Act, or
(b) on the ground that an irrigation work interferes or
is likely to interfere with his rights in any manner:
Provided that the liability of any person to pay water-cess
under this Act may be questioned in a Civil Court on the
ground that he is not the cultivator of the land in respect of
which the cess has been levied.
(2) No suit, prosecution or other legal proceeding shall
lie against any officer or servant of the Government for
anything which is in good faith done or intended to be done
in pursuance of this Act or any rule made thereunder.
20. (i) The Government may, by notification in the Fort Power to
S/. George Gazette make rules to carry into effect the provisions ma ^ e
of this Act.
(2) In particular and without prejudice to the generality
ol the foregoing provisions, such rules may provide for
(a) any matter required or allowed by this Act to be
prescribed ;
(b) regulating the practice and procedure of the Special
Court ;
(c) regulating the navigation in water-courses, the grant
of licences for navigation and the levy of fees therefor;
(rf) the fees to be paid on applications under this Act.
(3) All such rules shall be laid before both Chambers of
the State Legislature.
THE MADHYA BHARAT IRRIGATION
ACT, 1950
Act XXXIX of 1950
An Act to regulate Irrigation in the United State of
Gwalior, Indore and Malwa (Madhya Bharat)
WHEREAS it is expedient to provide for the use and control,
for public purposes, of the water of all rivers and streams
flowing in natural channels and of all lakes and other natural
collection of still water in the United State of Gwalior, Indore
and Malwa (Madhya Bharat); it is hereby enacted as
follows :
PART I
PRELIMINARY
Title, extent i. (i) This Act may be called "The United State of
and com- Gwalior, Indore and Malwa (Madhya Bharat^ Irrigation
mencemerit, Act> Samvat 2OO6".
(2) It extends to the whole of the United State of G\\alior,
Indore and Malwa (Madhya Bharat) and applies to all lands
whether permanently settled or temporarily settled or free
from revenue.
(3) It shall come into force immediately on its publication
in the Government Gazette of the said United State.
Jntcrpma- 2 - ^ n tms Act un ^ ess there be something repugnant in the
tions. subject or context
(1) "Canal" includes:
(a) all canals, channels, reservoirs and tanks, constructed,
maintained or controlled by the Government for
the supply and storage of water;
(b) all works, embankments, structures, supply and
escape channels connected with such canals, chan-
nels or reservoirs;
(c) all water-courses as defined in the second clause of
this section ;
(rf) any part of a river, stream, lake or natural collection
of water, or natuial drainage channel, to which
the Government has applied the provisions ot
Part II of this Act;
(2) "Water-course" means any channel which is supplied
with water from a canal, but which is not maintained at the
cost of the Government, and all subsidiary works belonging
to any such channels;
(3) "Drainage work" includes escape channels from* canals,
dams, weirs, embankments, sluices, groins, and other works
for protection of land from flood or from erosion and water
logging formed or maintained by the Government, under
the provision of Part VI of this Ordinance, but does not
include works for the removal of sewage from towns;
266
The Madhya Bharat Irrigation Act, 1950 267
(4) "Suba" means the head Revenue Officer of a District
and includes any other Officer appointed under this Ordinance
to exercise all or any of the powers of a Suba;
(5) "Canal Officer" means an Officer appointed under
this Act to exercise control or jurisdiction over a canal or
any part thereof;
(6) "Superintending Engineer, Irrigation" means an
Officer exercising general control over all the irrigation works:
(7) "Executive Engineer, Irrigation" means an Officer
exercising control over a Division of canal ;
(8) "Assistant Engineer, Irrigation" means an Officer
exercising control over an Irrigation District;
(9) "Sub-divisional Officer, Irrigation" means an Officer
exercising control over a sub-division of a canal ;
(10) "District" means a District as fixed for revenue
purposes ;
(i i) "Division" means a territory as fixed for the irrigation
purpose ;
(12) "Covenanting State" means a State which has
covenanted to (orm the United State and has subsequently
merged into it or a State which may become merged in
future in the said United State;
(13) "United State" means the United Staie of Gwalior,
Indore and Malwa (Madhya Bharat) ;
(14) "Government" means the Government of the United
State;
"Official Gazette" means the Government Gazette
of the United State.
3. The Government may from time to time declare by Power of
Notification in the official Gazette, the officers by whom Government
and the local limits within which all or any of the powers lo declare
or duties hereinafter conferred or imposed shall be exercised ^henT and
or performed. j oca ] ' ] ]m i ts
All officers mentioned in section 2, clauses (6) and (7), shall ^ "^
be respectively subject to orders of such officers as the Govern- ties shall be
ment from time to time directs. exercised or
performed.
PART II
OF THE APPLICATION OF WATER FOR PUBLIC PURPOSES
4. Whenever it appears expedient to the Government Notification
that the water of any river or stream flowing in a natural to issue when
channel or of any lake or other natural collection of still ^***^W ly
water should be applied or used by the Government for the p^ed ^ pu ^
purpose of any existing or projected canal or drainage-work lie purposes.
the Government may by notification in the official Gazette,
declare that the said water will be so applied or used after a
day to be named in the said notification, not being earlier
than three months from the date thereof.
268
The Madhya Bharat Irrigation Act, 1950
[ACT xxxix
Powers of 5. At any time after the day so named any Canal Officer,
Canal Offi- ac t m g under the orders of the Government in this behalf,
cer ' may enter on any land and remove any obstructions and do
any other thing necessary for such application or use of the
said water.
Notice as to 5, As soon as practicable after the issue of such notification
c ^ m ensa _ for the Suba shall cause public notice to be given in or at con-
tion " venient places, stating that the Government intends to apply
or use the said water as aforesaid, and that claims for com-
pensation in respect of matters mentioned in section 8 may
be made before him.
Damage for 7. No compensation shall be awarded for any damage
which com- caused b ._
pensation '
(#) percolation of any water or stoppage or diminution
of floo(is;
(b} deterioration of climate or soil ;
(c) displacement of labour.
Matters in 3. Compensation shall be awarded in respect of any of
shall not be
awarded.
be
awarded.
W S to PP a 8 e or diminution of supply of water through
an Y natural channel to any defined artificial channel
whether above or underground, in use at the date
of the said notification ;
(b) Stoppage or diminution of supply of water to any
work erected for purposes of profit on any channel,
whether natural or artificial, in use at the date of
.the said notification;
(c) Stoppage or diminution of supply of water through
any natural channel which has been used for pur-
poses of irrigation within the five years next before
the date of the said notification;
(d) Damage done in respect of any right to a water-
course or the use of any water to which any person
is entitled under the relevant Law or Regulations
in force, if any ;
(e) Any other substantial damage not falling under any
of the above clauses (<?), (b) and (c) of section 7
and caused by the exercise of the powers conferred
by this Ordinance, which is capable of being ascer-
tained and estimated at the time of awarding such
compensation.
In determining the amount of such compensation, regard
shall be had to the diminution in the market value, at the
time of awarding compensation, of the property in respect
of which compensation is claimed, and where such market-
value is not ascertainable, the amount shall be reckoned at
fifteen times the amount of the diminution of the annual net
profits of such property, caused by the exercise of the powers
conferred by this Act.
OF 1950] The Madhya Bharat Irrigation Act, 1950 269
No right to any such supply of water as is referred to in
clause (a), (b) or (c) of this section, in respect of a work or
channel not in use at the date of notification shall be acquired
as against the Government except by grant or under the
relevant Law in force, if any.
And no right to any of the advantages referred to in clauses
(a) and (b) of this section shall be acquired as against the
Government under the same relevant Law in force, if any.
9. No claim for compensation for any such stoppage, Limitation of
diminution or damage shall be made after the expiration of claims.
one year from such stoppage, diminution or damage unless
the Suba is satisfied that the claimant had sufficient cause
for not making the claim within such period.
10. The Suba shall proceed to inquire into any such claim, Inquiry mtr>
and to determine the amount of compensation, if any, which claims and
should be given to the claimant, and respective sections of nmo ^ c of
,1 i _i A A r i . t i compenas-
tne .Land Acquisition Act in force at the time shall apply U on.
to such inquiries.
11. Every tenant holding under an unexpired lease or Abatement of
having a right of occupancy, who is in occupation of any rent . on inter -
land at the time when any stoppage or diminution of water- a ^! r s u j f
supply in respect of which compensation is allowed under " Y
section 8 takes place, may claim an abatement of rent pre-
viously payable by him for the said land on the ground that
the interruption reduces the value of the holding.
12. If a water-supply increasing the value of such holding Enhance-
is afterwards restored to the said land, the rent of the tenant ment of rent
may be enhanced, in respect of the increased value of such ^ n O f water-
land due to the restored water-supply, to an amount not supply,
exceeding that at which it stood immediately before abate-
ment.
Such enhancement shall be on account only of the restored
water-supply and shall not affect the liability of the tenant
to enhancement of rent on any other ground.
13. All sums* of money payable for compensation under Com
this part shall become due three months after the claim tlon when
for such compensation is made in respect of the stoppage, due.
diminution or damage complained of, and simple interest, interest,
at the rate of six per cent, per annum, shall be allowed on
any such sum remaining unpaid after the said three months,
except where the non-payment of such sum is caused by the
wilful neglect or refusal of the claimant to receive the same.
PART III
Or THE CONSTRUCTION AND MAINTENANCE OF WORKS
14, Any Canal Officer or other person acting under the Power to
general or special order of a Canal Officer, may enter upon enter and sur-
any lands adjacent to any canal or through which any canal ve y> etc *
is proposed to be made and undertake surveys or levels
thereon;
and dig and bore into the subsoil;
2 yo The Madhya Bharat Irrigation Act, 1950 [ACT xxxrx
and make and set up suitable land-marks, level-marks;
and water-gauges;
and do all other acts necessary for the proper prosecution
of an inquiry relating to any existing or projected canal
under the charge of the said Canal Officer;
Powers to and where otherwise such inquiry cannot be completed
clear land, such officer or other person may cut down and clear away
any part of any standing crop, fence or jungle;
Power to and may also enter upon any land, building or water-course
inspect and on accO unt of which any water rate is chargeable, for the
regulate wa- r . . 7 , . , r r j
ter supply, purpose of inspecting or regulating the use of water supplied,
or of measuring the lands irrigated thereby or chargeable
with water rate and of doing all things necessary for the
proper regulation and management of such canal:
entry
houses.
Notice of Provided that, if such Canal Officer or person proposes
n d e d t enter into any building or enclosed court or garden attached
into to a dwelling-house not supplied with water flowing from
any canal, he shall previously give the occupier of such
building, court or garden at least seven days' notice in
writing of his intention to do so.
Compensa- In every case of entry under this section the Canal Officer
uon for shai^ at the time of such entry, tender compensation for
caused* by C an y damage which may be occasioned by any proceeding
entry. under this section; and in any case of dispute as to the
sufficiency of the amount so tendered he shall forthwith refer
the same for derision by the Suba and such decision shall
be final.
Powers to 15. In case of any accident, happening or being appre-
enter for rr-} ]enc ] et j to a cana } a Divisional or District Canal Officer or
pairs and to , , . , . , , . , .
prevent acci- an Y F )erson acting under his general or special orders in this
dents. behalf may enter upon any lands adjacent to such canal
and may execute all works which may be rfecessary for the
purpose of repairing or preventing such accident.
Compensa- In every such case, such Canal Officer or person shall
tion for da- t enc j er compensation to the proprietors or occupiers of the
mage to land. - i t i * n i 11 ^i i
said lands for all damage done to the same. If such tender
is not accepted, the Canal Officers shall refer the matter to
the Suba concerned, who shall proceed to award compensa-
tion for the damage as though the Government had directed
the occupation of the land under the provision of the Land
Acquisition Act in force at the time.
Application 1 6- Any person desiring to use the water of any canal
by persons may apply with the plan showing the area and fields to be
desiring to i rr ig a ted by their water-course, in writing to the Divisional
water. Cana or District Canal Officer of the division or sub-division of
the canal from which the water-course is to be supplied
requesting such officer to construct or improve a water-
course at the cost of the applicants.
OF 1950] The Madhya Bharat Irrigation Act, 1950 271
The application shall state the works to be undertaken, Contents of
their approximate cost, or the amount which the applicants a PP Ilc ation.
are willing to pay for the same, or whether they engage to
pay the actual cost as settled by the Divisional or District
Canal Officer and how the payment is to be made.
When the assent of the Superintending Engineer, Irrigation, Liability of
is given to such application, all the applicants shall after applicants for
the application has been duly attested be jointly and severally cost wor s *
liable for the cost of such works to the extent mentioned
therein.
Any amount becoming due under the terms of such appli- Recovery of
cation, and not paid to the Divisional or District Canal amount ue>
Officer or the person authorised by him to receive the same,
before the date on which it becomes due, shall on the demand
of such officer be recoverable as if it were an arrear of land
revenue.
17. There shall be provided, at the cost of Government, Government
suitable means of crossing canals constructed or maintained to e Pv\dz
at the cost of Government, at such places as the Government crossin g ca _
thinks necessary for the reasonable convenience of thenals.
inhabitants of the adjacent lands.
On receiving a statement in writing, signed by not less
than five of the owners of such lands to the effect that suitable
crossings have not been provided on any canal the Suba
shall cause enquiry to be made into the circumstances of
the case and if he thinks that the statement is established,
he shall report his opinion thereon for consideration of the
Government and the Government shall cause such measures
in reference thereto to be taken as it thinks proper.
18. The Divisional or District Canal Officers may issue Persons using
an order to the persons using any water-course to construct water course
suitable bridges, culverts or other works for the passage f^ or i^ nstr f Ct
the water of such water-course across any public road, canal pass j n g water
or drainage-channel in use before the said water-course across roads,
was made or to repair anv such works. e * c -
Such order shall specify a reasonable period within which
such construction or repairs shall be completed;
and if after the receipt of such order the persons to whom
it is addressed do not, within the said period, construct or
repair such works to the satisfaction* of the Canal Officer,
he may with the previous approval of the Superintending
Engineer, Irrigation, himself conbtruct or repair the same;
and if the said persons do not when so required pay the
cost of such construction or repairs as declared by the Divi-
sional or District Canal Officer, the amount shall, on demand
of the Divisional or District Canal Officer, be recoverable
from them as if it were an arrear of land revenue.
19. If any person, jointly responsible with others for the Adjustment
construction or maintenance of a water-course or jointly of claims bet "
making use of a water-course with others, neglects or refuses ^fn5 pe using
to pay his share of the cost of such construction or main- water-courses.
*enance or to execute his share of any work necessary for such
272 The Madhya Bharat Irrigation Act, 1950 [ACT xxxix
construction or maintenance, the Divisional or District or
Sub-divisional Canal Officer on receiving an application in
writing from any person injured by such neglect or refusal
shall serve notice on all the parties concerned that on the
expiration of a fortnight from the service, he will investigate
the case accordingly, and make such order thereon as to
him seems fit.
Such order shall be appealable to the Superintending
Engineer.. Irrigation, whose order thereon shall be final.
Recovery of Any sum directed by such order to be paid within a sped-
amount fied period may if not paid within such period and if the
found due. or der remains in force, be recovered from the person directed
to pay the same as if it were an arrear of land revenue.
Obligation of 20. Every owner or owners of a water-course shall be
owners ofb oun( } ._
water-course.
(a) to maintain the water-course owned by him or them
in "a fit state of repairs for conveyance of water ;
Jf he fails he if he fails or they fail to maintain the water-course in
may be pro- fa state of repairs and if by his or their action the
secuted. water conveyed through his or their water-course
goes waste, the Canal Officer is authorised to pro-
secute him or them under this Act;
(b) to allow the me of it to others or to admit other
persons as joint owners thereof on such terms as
may be prescribed under provisions of section 2 1
Application 21. Any person desiring to have supply of water through
for nght to a W ater-course no t owned by him, but passing across or by
course owned ^ e s ^ e or through such place as may be within easy reach
by others. of the land in his occupation, may apply in writing to the
Divisional or District Canal Officer stating :
(1) that he has endeavoured unsuccessfully to acquire
from the owner or owners of such water-course,
from which he desires to get supply of water, light
to get supply of ^ater through such water-course;
(2) that he desires the said Canal Officer, in his behalf and
at his cost, to do all things necessary for acquiring
such rights; *
(3) that he is able to defray all costs involved in acquiring
such right and share the expenses made by the
owner in the construction of the water-course.
Canal Officer 22. On receipt of such application the Divisional or District
after enquiry Canal Officer shall serve notice to show cause why such
rise Y sup^ly or authority should not be granted or such declaration should
declare ap- not be made, and if no objection be raised shall either autho-
plicant to be rise the applicant to use the water-course, or declare him to
omt owner. j^ j o i n t owner thereof on such conditions as to the payment
of compensation or rent or otherwise as may appear to him
equitable.
OP 1950] The Madhya Bharat Irrigation Act, 1950 273
23. Whenever application is made to a Divisional or Supply of wa-
District Canal Officer for a supply of water from a canal, ^tervenhi 1 ?
and it appears to him expedient that such supply should be water-course,
given and that it should be conveyed through some existing
water-course, he shall give notice to the persons responsible
for the maintenance of such water-course to show cause on
a day not more than 14 days from the date of such notice,
why the said supply should not be so conveyed, and after
making enquiry on such } y, the Divisional or District
Canal Officer shall determine whether and on what con-
ditions the said supply shall be conveyed through such water-
course.
When such officer determines that a supply of canal water
may be conveyed through any water-course as aforesaid,
his decision shall, when confirmed or modified by the
Superintending Engineer, Irrigation, be binding on the
applicant and also on the persons responsible for the
maintenance of the said water-course.
Such applicant shall not be entitled to use such water-
course until he has paid the expenses of any alteration of
such water-course necessary in order to his being supplied
through it and also such share of the first cost of such water-
course as the Divisional or District Canal Officer or the
Superintending Engineer, Irrigation, may determine.
Such applicant shall also be liable for his share of the cost
of maintenance of such water-course so long as he uses it.
24. Any person desiring the construction of a new water- Application
course may apply in writing to the Divisional or District f r construe-
Canal Officer stating:- ' lj!
(1) that he has endeavoured unsuccessfully to acquire,
from the owners of thel and through which he
desires such water-course to pass, a right to occupy
so much of the land as will be needed for such
water-course;
(2) that he desires the said Canal Officer, in his behalf
and at his cost, to do all things, necessary for
acquiring such right;
(3) that he is able to defray all costs involved in acquiring
such right and constructing such w r ater-course.
25. If the Divisional or District Canal Officer considers : Procedure of
Canal Officer
(a) that the construction of such water-course is expe- therein.
dient; and
(b) that the statements in the application are true,
he shall call upon the applicant to make such deposit
as the Divisional or District Canal Officer considers
necessary to defray the cost of the preliminary
proceedings and the amount of any compensation
which he considers likely to become due under
section 3 1 ;
274 The Madhya Bharat Irrigation Act, 1950 [ACT xxxuc
and upon such d "posit being made he shall cause inquiry
to be made into the most suitable alignment for the said
water-course and shall mark out the land which, in his
opinion, will be necessary to occupy for construction thereof
and shall forthwith publish a notice in every village through
which the water-course is proposed to be taken, that so
much of such land as belongs to such village has been so
marked out, and shall send a copy of such notice to the Suba
of every district in which any part of such land is situate.
Application 26. Any person desiring that an existing water-course
for transfer of should be transferred from its present owner to himself,
ter^coifrse Wa " ma y a PPty * n writing to the Divisional or District Canal
Officer stating :
(1) that he has endeavoured unsuccessfully to procure
such transfer from the owner of such water-course ;
(2) that he desires the said Canal Officer in his behalf
and at his cost to do all things necessary for pro-
curing such transfer;
(3) that he is able to defray the cost of such transfer.
Prt ccdure If the Divisional or District Canal Officer considers :
thereupon ^ that the said trans f er j s necessary for the better
management of the irrigation from such water-
course; and
(b) that the statements in the application are true;
he shall call upon the applicant to make such deposit as
the Divisional or District Canal Officer considers necessary
to defray the cost of the preliminary proceedings and the
amount of any compensation that may become due under
provisions of section 31 in respect of such transfer;
and, upon such deposit being made he shall publish a
notice of the application in every village and shall send a
copy of the notice to the Suba of every district through which
such water-course passes.
Objections to 2 7- Within 30 days from the publication of a notice under
construction section 25 or section 26, as the case may be, any person inter-
or transfer ested in the land or water-course to which the notice refers
applied for. ma y apply to the Suba by petition, stating his objection to
. the construction or transfer for which application has been
made.
The Suba may either reject the petition or may proceed
to inquire into the validity of the objection giving previous
notice to the Divisional or District Canal Officer of the place
and time at which such inquiry will be held.
The Suba shall record in writing all orders passed by
him under this section and the grounds thereof.
When appli- 28- If no such objection is made or (where such objection
cant cannot is made) if the Suba overrules it, he shall give notice to the
be placed in Divisional or District Canal Officer to that effect and shall
occupation. p rocee( j forthwith to place the said applicant in occupation
of the land marked out or the water-course to be transferred,
as the case may be.
or 1950] The Madhya B karat Irrigation Act, 1950 275
29. If the Suba considers any objection made as aforesaid Procedure
to be valid he shall inform the Divisional or District Canal
Officer accordingly; and if such officer sees fit, he may,
the case of an application under section 24, alter the bound-
aries of the land so marked out and may give fresh notice
under section 25; and the procedure hereinbefore provided
shall be applicable to such notice and the Suba shall there-
upon proceed as before provided.
30. If the Canal Officer disagrees with the Suba, the Procedure
matter shall be referred for decision to the Superintending ^r n ca " al
Engineer, Irrigation. agre e e s r ^
Suba.
Such decision shall be final and the Suba, if he is so directed
by such decision, shall, subject to the provisions of section 31,
cause the said applicant to be placed in occupation of the
land so marked out or the water-course to be transferred,
as the case may be.
31. No such applicant shall be placed in occupation ofExpenses to
such land or water-course, until he has paid to the person be P aici b y
named by the Suba, such amount as the Suba determines a ^ ^^ lvl ^
to be due as compensation for the land or water-course so occupation,
occupied or transferred and for any damage caused by the
marking out or occupation of such land together with all
expenses incidental to such occupation or transfer.
In determining the compensation to be made under this Procedure in
section the Suba shall proceed under the provision of the fi* in g rom -
Land Acquisition Act, in force at the time, but he may, ifP ensanou -
the person to be compensated so desires, award such com-
pensation in the form of a rent-charge payable in respect of
the land or water-course occupied or transferred.
If such compensation and expenses are not paid when Recovery of
demanded by the person entitled to receive the same, the compensation
amount may be recovered as if it were an arrear of land an ex P cnses *
revenue, and shall, when recovered be paid by him to the
person entitled to receive the same.
32. When any such applicant is placed in occupation of Conditions
land or of a water-course as aforesaid the following rules binding on
and conditions shall be binding on him and his representative a PP"cant
. . , r placed in -x>
m interest : cupation.
First. All works necessary for the passage across such
water-course, or water-courses existing previous
to its construction and of the drainage intercepted
by it, and for affording proper communications
across it for the convenience of the neighbouring
lands shall be constructed by the applicant, and
be maintained by him or his representative in
interest to the satisfaction of the Divisional or
District Canal Officer.
Second. Land occupied for a water-course under the
provisions of section 24 shall be used only for the
purpose of such water-course.
276 The Madhya Bharat Irrigation Act, 1950 [ACT xxxix
Third. -The proposed water-course shall be completed
to the satisfaction of the Divisional or District Canal
Officer within one year after the applicant is placed
in occupation of the land.
In cases in which land is occupied or a water-course is
transferred on the terms of a rent-charge.
Fourth. The applicant or his representative in interest
shall, so long as he occupies such land or water-
course, pay rent for the same at such rate and on
such days as are determined by the Suba when the
applicant is placed in occupation.
Fifth. If the right to occupy the land ceases owing to
a breach of any of these rules, the liability to pay
the said rent shall continue until the applicant or
his representative in interest has restored the land
to its original condition or until he has paid by
way of compensation for any injury done to the
said land, such amount and to such persons as the
Suba determines.
Sixth. The Suba may, on the application of the person
entitled to receive such rent or compensation,
determine the amount of rent due or assess the
amount of such compensation. If the amount be
not paid by the applicant or his representative in
interest the Suba may recover the amount with
interests thereon at the rate of six per cent, per
annum from the date on which it became due, as
if it were an arrear of land revenue and shall pay
the same when recovered to the person to whom
it is due.
If any of the rules and conditions prescribed by this section
are not complied with,
or if any water-course constructed or transferred under
this Act is disused for three years continuously,
the right of the applicant, or of his representative in interest,
to occupy such land or water-course shall cease absolutely.
Procedure 33- The procedure hereinbefore provided for the construc-
applicable to tion of a water-course shall be applicable to the occupation
occupation o f j anc j f or any extension or alteration of a water-course, and
lor extensions r j -^ r *i r ^ i
and altera- * or deposit ot soil irom water-course clearances.
tions.
PART IV
OF THE SUPPLY OF WATER
In absence of 34- In the absence of written contract or so far as any
written con- such contract does not extend, every supply of canal-water
suppi to at be s ^ a ^ k e Deemed to ke given at the rates and subject to the
subject to conditions prescribed by the rules to be made by the Govern-
rules. ment in respect thereof.
case
or
OF 1950] The Madhya Bharat Irrigation Act, 1950 277
35. Such contracts and rules must be consistent with the Condition to
following conditions : be consistent.
(a) the Divisional or District Canal Officer may not Power to stop
stop the supply of water to any water-course r water ' su PP 1 y-
any person except in the following cases :
(1) whenever and so long as it is necessary to stop
such supply for the purpose of executing any
work ordered by the competent authority and
with previous sanction of the Government;
(2) whenever and so long as any water-course is not
maintained in such proper customary repair as
to prevent the wasteful escape of water therefrom ;
.(3) within periods fixed from time to time by the
Divisional or District Canal Officer;
(b) no claim shall be made against the Government Claims to
for compensation in respect of loss caused by the compensation
failure or stoppage of the water in a canal. byl n .. c
r i j ^i_ i r ^T. iailure
reason of^ any cause beyond the control of the sto ~ e
Government, or of any repairs, alterations or supply.
additions to the canal, or of any measures taken
for regulating the proper flow of water therein, or
for maintaining the established course of irrigation
which the Divisional or District Canal Officer
considers necessary; but the person suffering such
loss may claim such remission of ordinary charges
payable for the use of the water as is authorised
by the Government;
(c) if the supply of water to any land irrigated from a Claims on
canal be interrupted otherwise than in the manner account of
described in the last preceding clause, the occupier mterru P tlc >n
r i_ i j A *.'- r * r om other
or owner of such land may present a petition ior causes
compensation to the Suba for any loss arising from
such interruption, and the Suba may award to the
petitioner reasonable compensation for such loss;
(d) when the water^of a canal is supplied for irrigation Duration of
of a single crop, the permission to use siu h water supply.
shall be held to continue only until that crop
comes to maturity, and to apply only to such crops,
but if it be supplied for irrigating two or more
crops to be raised on the same land within the year,
such permission shall be held to continue for one
year from the commencement of the irrigation, and
to apply to such crops only as are matured within
that year;
(e) unless with the permission of the Superintending Sale or sub-
Engineer, Irrigation, no person entitled to use the i et ting of
water of any canal, or any works, building or land right to use
appertaining to any canal shall sell or sublet or canal-water.
otherwise transfer his right to such use : Provided
that the former part of this clause shall not apply
to the use by a cultivating tenant of water supplied
by the owner of a water-course for irrigation of the
land held by such tenant.
278 The Madhya Bharat Irrigation Act, 1950 [ACT xxxix:
Transfer with But all contracts, made between Government and the
land of con- ownor or occupier of any immovable property,
JJt sha11 be transferable therewith, and shall be pre-
sumed to have been so transferred whenever a
transfer of such property takes place;
No right (/) no right to the use of the water oi a canal shall
acquired by be, or be deemed to have Lttn acquired under
the user. t j. |C re i evan t Limitation Act in force at the time,
nor shall Government be bound to supply any
person with watej, except in accordance with the
terms of a contract in writing.
PART V
OF WATER RATES
Liability 36. If water supplied through a water-course be used iir
when person an unauthorised manner and if the person by whose act or
using un- ne gi ec t such use has occurred cannot be identified;
autnorisedly
C Jf nn fi A be the P erson on whose land such water has flowed if such
identified. lan<j has derived benefit therefrom;
or if such person cannot be identified, or if such land has
not derived benefit therefrom, all the persons chargeable
in respect of the water supplied through such water-course,
shall be liable, or jointly liable, as the case may be, to the
charges made for such use.
Liability 37. If water supplied through a water-course be suffer-
when water e( j ^ o run to waste, and if after enquiry by the Divisional or
runs to waste. District Canal Officer the person through whose act or
neglect such water was suffered to run to waste cannot be
discovered, all the peisons chargeable in respect of water
supplied through such water-course shall be jointly liable
for the charges made in respect of the water so wasted.
Charges re- 38. All charges for the unauthorised use or for waste of
coverable m water mav be recovered in addition to anv penalties incur-
addition to t r i_ A '
penalties rec * on account i such use or waste.
Decisions of All questions under sections 36 and 37 shall be decided
questions un- by the Divisional and District Canal Officers subject to an
d 6and eCti nS a PP eal to the Superintending Engineer.
Charge on 39. The rates to be charged for canal water supplied for
occupier fc r purposes of irrigation to the occupiers of land shall be deter-
water h j> w mined by the rules to be made bv the Government and such
determined. . t i 11 r *
occupiers as accept the water shall pay for it accordingly.
Occupier's A rate so charged shall be called the "Occupier's Rate".
rate. (The rules hereinbefore referred to may prescribe and
determine what persons or classes of persons are to be deemed
to be occupiers for the purpose of this section, and may also
determine the several liabilities in respect of the payment of
the occupiers' rates, of tenants and of persons to whom
,OF 1950] The Madhya Bharat Irrigation Act, 1950 379
tenants may have sublet their lands or of proprietors and
of persons to whom proprietors may have let the lands held
by them in cultivating occupancy.)
40. In addition to the occupier's rate, a rate to be called Owner's
the "Owner's rate" may be imposed according to rules made rates '
by the Government on the owners of canal-irrigated lands
in respect of the benefit which they derive from such irrigation.
41. The owner's rate shall not exceed the sum which Amount of
under the rules for the time being in force for assessment owner s rate>
of land revenue, might be assessed on such land on account
of the increase in the annual value or produce thereof caused
by the canal irrigation. And for the purpose of this section
only, land which is permanently settled or held free of reve-
nue, shall be considered as though it were temporarily settled
and liable to payment of revenue.
42. No owner's rate shall be chargeable either on the Owner's iate
owner or occupier of land temporarily assessed to pay land ^ en ,. not
revenue at irrigation rates during the currency of assesssment. c argea e *
43. If such land is occupied by the owner or if it is occu- When occu-
pied by a tenant 'whose rent is not liable to enhancement P ier * s to P a V
on the ground that the value of the produce of the land or ~ )0 t t ; 1 *?^! 8
i i r i i i i i i i rate anc * OC "
the productive powers ot the land has or have been increased cupier's rate
by irrigation such owner or tenant shall pay the owner's
rate as well as the occupier's rate.
44. In the case of a tenant with a right of occupancy, the Powers to
Government shall have power to make rules for dividing m ake rules
the owner's rate between such tenant and his landlord pro- apportlor j"
i i r- i i / i 01 in S owner s
portionately to the extent of the beneficial interest of each rate .
in the land.
45. If the owner of the land is not the occupier, but has}^* 1611 owner
the power to enhance the rent of the occupier on the ground ^
that the value of the produce or the productive powers of
the land has or have been increased by irrigation,
or if, when the amount of rent was fixed, the land was
irrigated from the canal,
the owner shall pay the owner's rate.
46. If a revision of settlement is a ground for entertaining Effect p in-
a suit for the enhancement of rent, the introduction of canal- cl^T'irri a-
irrigation into any land shall have the effect on the landlord's tSiTon^land-
right to enhance the rent of a tenant with a right of occu- lord's righ
pancy of such land, as if a revision of settlement had taken to en ^ a nce -
place, under which the revenue payable in respect of such
land had been increased.
47. Where a water-rate is charged on land held by
several joint owners, it shall be payable by the manager or
other person who receives the rent or profits of such land, charged on
and may be deducted by him from such rent or profits before land held by
division or may be recovered by him from persons liable to sevcral own "
such rate in the manner customary in the recovery of other cn *
charges on such rents or profits.
to
8o The Madhya Bkarat Irrigation Act, 1950 [ACT xxxix
Land deriv- 48. (i) If it appears to a Canal Officer, duly empowered
ing benefit to en f orce the provisions of this section, that any cultivated
don\abie to l anc * w^in soo yards of any canal, receives, by percolation
water-rate, or leakage from such canal, an advantage equivalent to that
which would be given by direct supply of canal water for
irrigation, or that any cultivated land, wherever situate,
derives by a surface flow, or by means of a well, not exceeding
fifteen feet in depth, sunk within two hundred yards of any
canal after the admission of water into such canal, a supply
of water which by percolation or leakage has given an
advantage equivalent to that which would be given by a
direct supply of canal water for irrigation;
he may charge on such land a water-rate not exceeding
that which would ordinarily have been charged for a direct
supply thereto.
(2) All orders of the Canal Officer under sub-section (i)
shall be subject to an appeal to the Superintending Engineer.
Powers of 49. In the event of Government undertaking at its own
Government cost any work whereby the area irrigated from any private
with . re gard wor k s ituate in the proximity of the work so undertaken
from^prfvate * s increased beyond the area recorded as irrigable at the last
tanks. settlement, the Government may without prejudice to the
rights, if any recorded at such settlement, direct that such
water-rate as it may deem fit shall be charged on such
increase of area :
Provided that no water-rate shall be charged if, on enquiry
it is found that the increase in the area has been due to any
improvement of the private work made since the settlement.
Land deriv- 50. The Government reserves the right to charge water
mg benefit cess at the rates prescribed in the Rules to be made under
s Act fr m time to time> on the cu ^ tivat i n made by the
r* 8 water which is discharged as waste water, after being used
for the purpose other than cultivation and passes through or
across such land as is not owned by the person or persons
who discharges the waste water after his or their use for the
purpose other than cultivation.
Submerging 51. The Divisional or District Canal Officer or any other
tanks owned o ffi ce r authorised for execution of the purpose of this section
ment How shall > durin S the P eriod between the I5th September and
to charge ist October every year, in the presence of the landlords,
water rate, occupiers or the representatives in interest, mark out the
land actually submerged under water of the submerging
tank at Full Tank Level, in the village map by a contour
line and obtain signatures of the landlords, occupiers arid
the representative in interest present on the spot on the
said map marked with the contour line. The water-rates
to be charged for the land so benefited by submerging to the
occupier or occupiers of the land shall be determined by
rules to be made by the Government and such occupiers as
derive benefit of the land so submerged shall pay for it accord-
ingly.
OF 1950] The Madhya Bharat Irrigation Act, 1950 281
52. The owners and occupiers of the land situate outside Cultivation
the boundary of the tanks mentioned in section 51 whoj* 11 *. e h i j n1 ^
make cultivation by the water discharged from the sluices J^^ Water
and escapes of the said tanks and are benefited by it, shall rate charge-
pay water-rates as are chargeable for the cultivation made able as
by the canal water. c"* 1 watcr -
53. The provisions of sections 51 and 52 are appli- Assessment
cable to the tanks classed 'major tanks', and have nothing of K min r
to do with the tanks classed as 'minor ^tanks', which shall
assessed by the settlement authorities at wet rates at
time of settlement, and the assessment shall remain operative
till the next settlement.
54. The Government, if satisfied after exhaustive enquiry, Compulsory
that a certain village or certain area has ample prospects irrigation cess
of increased cultivation through the resources of irrigation on^areVhav-
natural or artificial, existing in the village or area but those ing prospects
resources are not being exploited by the local public and of irrigation,
therefore thinking it expedient that the said existing resources
of water be utilised to its fullest extent by promoting interest
of the local public in irrigation, may by a notification in the
official Gazette declare such village or such area as irrigation
area and impose on such village or area on the whole or in
part, by assessment, compulsory irrigation-cess at the rates
prescribed in the Rules to be made under this section from
time to time.
f
55. Any sum lawfully due under this part, and certified Certified dues
by the Divisional or District Canal Officer to be so due which ^Tand re-
remains unpaid after the day on which it ' ecomes due, shall venue.
be recoverable from the person liable foi the same as if it
were an arrear of land revenue.
PART VI
OF DRAINAGE
56. Whenever it appears to the Government that injury Power to
to any land or the public health or public convenience has prohibit obs-
arisen or may arise from the obstruction of any river, stream tructions or
or drainage-channel the Government may, by notification e ir
published in the official Gazette, prohibit, within limits to
be defined in such notification, the formation of any obstruc-
tion, or may within such limits, order the removal or other
modification of such obstruction.
Thereupon so much of the said river, stream or drainage-
channel as is comprised within such limits, shall be held to be
a drainage work as defined in section 2.
57. The Divisional or District Canal Officer or other Power to
person authorised by the Government in that behalf may, remove ob-
after such publication, issue an order to the person causing structions af-
or having control over any such obstruction to, remove or^ on prohl "
modify the same within a time to be fixed in the order.
282 The Madhya Bharat Irrigation Act, 1950 [ACT XXXDC
If within the time so fixed such person does not comply
with the order, the said Canal Officer may himself remove
or modify the obstruction, and if the person to whom the
order was issued does not, when called upon, pay the expenses
involved in such removal or modifications such expenses
shall be recoverable by the Suba from him or his represen-
tative in interest as an arrear of land revenue.
Preparation 58. Whenever it appears to the Govcrnmentt hat any
of scheme for drainage works are necessary for the improvement ol anv
works of im- i anc | Sj or f or jv^ proper cuUivation or irrigation thereof; or
provement. ^ at protection from floods or other accumulations of water
or from erosion by a river, is required for any kinds;
the Government may cause a scheme for such drainage
works to be drawn up and published, together with an
estimate of its cost and A statement of the proportion of such
cost which the Government proposes to defray, and a sche-
dule of lands which it is proposed to make chargeable in
resp-jrt of tlie scheme.
Powers of 59. The persons authorised by the Government to draw
persons em- u p such scheme may exercise ail or any oi the powers con-
ployed oriferred on Candl officers by section 14.
such scheme. } ^
Rate oa lands 60. An annual rate in respert of such scheme jnay be
benefited by charged according to rules to be made by the Government,
* or s * on the owners of all lands which shall, in the manner pres-
cribed by such ruk's, be determined to be so chargeable.
Such rate shall be fixed as nearlv as possible s'> as not to
exceed either of the following limits :
l'i) Six per cent, per annum on the first cost of works,
adding thereto the estimated yearly cost of main-
tenance and supervision of the same and deducting
therefrom the estimated income, if any, derived
from the works, excluding the said rate.
(2) In the case of agricultural land, the sum, which
under the rules then in force for the assessment
of land revenue, might be assessed on such land
on account of the increase of annual value or pro-
duce thereof caused by the drainage work.
Such rate may be varied from time to time, within such
maximum, by the Government.
So far as any defect to be remedied is due to any canal
water-course, road or other work or obstruction constructed
or caused by the Government or by any person, a propor-
tionate share of the cost of the drainage works required for
the remedy of the said defect shall be borne by such Govern-
ment or such person as the case may be.
Recovery of 61. Any such drainage-rate may be collected and recoveied
rate. i n the manner provided by section 55 for collection and
recovery of water-rates.
OF 1950] The Madhya Bharat Irrigation Act, 1950 283
62. Whenever, in pursuance of a notification made under Disposal of
section 56 any obstruction is removed or modified. claims to
** 3 ' compensa-
or whenever any drainage work is carried out under tion.
section 58,
all claims for compensation on account of any loss conse-
quent on the removal or modification of the said obstruction
or construction of such work may be made before the Suba
and he shall deal with the same in the manner provided in
section 10.
63. No such claim shall be entertained after the expiration Limitation of
of one year from the occurrence of loss complained of unless suc ^
the Suba is satisfied that the claimant had sufficient cause
for not making the claim within such period.
PART VII
OF OBTAINING LABOUR FOR CANALS AN/) DRAINAGE
WORKS
64. For the purpose referred to in this Part, the word Definition of
* labourer" includes persons who exercise any handicraft labourer.
specified in rules to be made in that behalf by the Govern-
ment.
65. In any district in which a canal or drainage work is Power to
constructed, maintained or projected by Government may ifpr escribe
ir thinks fit direct the Suba,- '
(a) to ascertain the proprietors, sub-proprietors or ^ e supplied
farmers, whose village or estates are or will be, benefited S b S
in the judgment of the Suba benefited by such cana i.
canal or drainage-work; and
(b) to set down in a list, having due regard to the circum-
stances of the district and of several proprietors,
sub-proprietors or farmers, the number of labour-
ers which shall be furnished by any of the said
persons, jointly or severally, from any such village
or estate for employment on any such canal or
drainage work when required as hereinafter pro-
vided.
The Suba may from time to time add to or alter such list
or any part thereof.
66. Whenever it appears to a Divisional or District Canal Procedure for
Officer duly authorised by the Government that unless some obtaining
work is immediately executed, such serious damage will ^oriM^reent-
happen to any canal or drainage work as to cause sudden i y required.
and extensive public injury;
and that the labourers necessary for the proper execution
thereof cannot be obtained in the ordinary manner within
the time that can be allowed for the execution of such work
so as to prevent such injury;
a84 The Madhya JBharat Irrigation Act> 1950 [ACT xxxrx
the said officer may require any person named in such
list to furnish as many labourers (not exceeding the number
which according to the said list he is liable to supply) as to
the said officer seem necessary for the immediate execution
of such work.
Every requisition so made shall be in writing and shall
state :
(a) the nature and locality of the work to be done;
(b) the number of labourers to be supplied by the
person upon whom the requisition is made; and
(c) the approximate time for which and the day on
which the labourers will be required;
and a copy thereof shall be immediately sent to the Superin-
tending Engineer, Irrigation, for the information of the
Government.
The Government shall fix, and may from time to time
alter, the rates to be paid to any such labourers provided
that such rates shall exceed the highest rates for the time
being paid in the neighbourhood for similar work. In case
of every such labourer, the payment shall continue for the
whole period during which he is, in consequence of the
provisions of this part, prevented from following his ordinary
occupation.
The Government may direct that the provisions of this
Part shall apply, either permanently or temporarily (as the
case may be) to any district or part of a district for the
purpose of effecting necessary annual silt-clearances, or to
prevent the proper operation V>f a canal 01 drainage work
being stopped or so much interfered with as to stop the
established course of irrigation or drainage.
Liability of 67. When any requisition has been made on any perso
labourers named in the list, every labourer ordinarily resident within
under th e village or estate of such person shall be liable to supply,
requisition. anc j tQ con ti nue t o supply his labour, for the purpose aforesaid.
PART VIII
OF JURISDICTION
Jurisdiction 53, Except where herein otherwise provided all claims
Ordinance hlS a g a i nst Government in respect of anything done under this
of Civil Act may be tried by the civil courts ; but no* such court shall
Courts. in any case pass an order as to the supply of canal water
to any crop sown or growing at the time of such order.
Whenever any difference arises between two or more
Settlement of
differences as p crsons ^ re gr a rd to their mutual rights and liabilities in
tomutual r , r . i ^ , , r
rights and res P ect of tne us e > construction or maintenance ol a water-
liabilities of course, any such person may apply in writing to the Divisional
persons in- O r District Canal Officer stating the matter in dispute. Such
terested in o fg cer gj^y thereupon give notice to the other persons interest-
course. * ^ t ^ iat > on a ^ a y to ^ e namc d ^ n suc ^ notice, he will proceed
OF 1950] The Madkya Sharat Irrigation Act, 1950 285
to enquire into the said matter. And after such enquiry,
he shall pass his order thereon, unless he transfers (as he is
hereby empowered to do) the matter to the Suba, who shall
thereupon enquire into and pass his order on the said matter.
Such order shall be final as to the use or distribution of
water for any crop sown or growing at the time when such
order is made, and shall thereafter remain in force until
set aside by the decree of a civil court.
71. Any officer empowered under this Act to conduct any in- Power to
quiry may exercise all such powers connected with the summon . an( *
n/ .- , .. r r j examine
summoning and examining ot witnesses, as are conierrea on w j tness .
Civil Courts by the Civil Procedure Code in force at the time
and every such inquiry shall be deemed a judicial proceeding.
PART IX
OF OFFENCES AND PENALTIES
71. Whoever without proper authority and voluntarily
does any of the acts following, that is to say :
(1) damages, alters, enlarges or obstructs any canal or
drainage work;
(2) interferes with or increases or diminishes the supply
of water in, or the flow of water from, through, over
or under, anv canal or drainage work;
(3) opens or interferes the sluice opening of sub-
merging tanks before the date specified for letting
out water;
(\) interferes with or alters the flow of water in any
river or stream, so as to endanger, damage or
render less useful any canal or drainage work;
(5) being responsible for the maintenance of water-course
or using a water-course, neglects to take proper
precautions for the prevention of waste of water
thereof, or interferes with the authorised distri-
bution of the water therefrom, or use such water
in an unauthorised manner;
(6) corrupts or fouls the water of any canal so as to
render it less fit for purpose of which it is ordinarily
used;
(7) being liable to furnish labourers under Part VII of
this Act, fails, without reasonable cause, to supply
or to assist in supplying the labourers required of
him;
(8) being a labourer liable to supply his labour under
Part VII of this Act, neglects, without reasonable
cause, so to supply and to continue to supply his
labour;
(9) destroys or moves any level-mark or water-gauge
fixed by the authority of a public servant;
286 The Madhya Bharat Irrigation Act, 1950 [ACT xxxix
(10) passes, or causes animals or vehicles to pass, on
or across any of the works, banks or channels of
a canal or drainage work contrary to rules made
under this Act, after he has been desired to desist
therefrom ;
(11) violates any rule made under this Act, on breach
whereof a penalty may be incurred ;
shall be liable, to be punished, on conviction before a
Magistrate of x [the first] class as the Government
directs in this behalf, with a fine, not exceeding fifty rupees,
or with imprisonment not exceeding one month, or to both.
AH such cases shall be conducted by the said Magistrate
as summary trials.
Saving of 72. Nothing herein contained shall prevent any person
prosecution f rom being prosecuted under any other law for any offence
laws f P un i slia kle under this Act: Provided that no person shall be
punishable twice for the same offence.
Compensa- 73. Whenever any person is fined for an offence under
tion to per- ^3 Act, the Magistrate may direct that the whole or any
sons injured. *. r \ r \ i i ^ -,
part ol such fine may be paid by way of compensation to the
person injured by such offence.
Power to 74. Any person in charge of or employed upon any canal
ouTwarrant 1 " r draina S e work ma Y remove from the lands or buildings
belonging thereto, or may take into custody without a
warrant and take forthwith before a Magistrate or to the
nearest Police Station, to be dealt with according to law,
any person who, within his view, commits any of the following
offences :
(1) wilfully damages or obstructs any canal or drainage
work ;
(2) without proper authority interferes with the sup-
ply or flow of water in or from any canal or drainage
works, or anv river or stream, so as to endanger,
damage or render less useful any canal or drainage
work.
Definition of 75* In this Part the word "canal" shall, (unless there be
canal. something repugnant in the subject or context) be deemed
to include also all lands occupied by Government for the
purposes of canals and all buildings, machinery, fences,
gates and other erections, trees, crops, plantations or other
produce, occupied by or belonging to the Government upon
such lands.
PART X
OF SUBSIDIARY RULES
Power to 76. The Gpvernment may from time to time make rules:
make, alter to regulate the following matters :
and cancel .
rules. (i) the proceedings of any officer \ho, under any
provision of this Act, is required or empowered to
take action in any matter;
1 Substituted by Act 4 ot 1951.
OF 1950] The Madhya Bharat Irrigation Act, 1950 287
(2) the cases in which, and the officers to whom, and
conditions subject , to which, orders and decisions
given under any provision of this Act, and not
expressly provided for as regards appeal, shall be
appealable ;
(3) the persons by whom and the time, place or manner
at or in which anything for the doing of which
provision is made in this Act shall be done;
(4) the amount of any charge made under this Act;
(5) and generally to carry out the provisions of this Act.
The Government may from time to time in the interest
of public alter or cancel any rules so made.
Such rules, alterations, and cancelments shall be published Publication
in the official Gazette, and shall thereupon have the force of mles -
of law.
77. As soon as this Act comes into force all laws in respect Repeal,
of Irrigation and drainage for the time being in force in any
of the Covenanting States shall stand repealed:
Provided that all actions taken or orders given, under the
said Laws shall, in so far as they could validly have been
taken or given under this Act be deemed to have been taken
or given, as the case may be, under this Act.
THE MYSORE MINOR TANK RESTORA-
TION ACT, 1916 (AMENDED BY ACTS XV
OF 1923 AND VIH OF 1938)
Act .XIII of 1916
WHEREAS it is expedient to facilitate the working of the
schemes for the restoration and improvement of minor tanks;
His Highness the Maharaja is pleased to enact as follows:
Title, extent * (0 This Act may be called the Minor Tank Restora-
and com- tion Act, 1916.
mencement.
(2) It extends to the whole of Mysore.
(3) It shall come into force at once.
Minor tank. 2. Every tank which falls within the definition of a minor
tank contained in section 2 of the Tank Panchayat Act, I of
191 1, * whether it is situated in a Government or an alienated
village* shall be a minor tank within the purview of this Act.
fa-A. 'Restoration 5 means restoring to an efficient condi-
tion a tank which, from neglect, accident or other cause,
has fallen into disuse or become impaired or less efficient
than formerly.")"
t3 (0 Whenever Government consider it necessary to
take up the restoration of any existing minor tank, a notice
of such intention with an estimate of the probable cost of
restoration shall be published in the Mysore Gazette, in the
Taluk Office, and in the chavadi of the village or villages
concerned.
(2) Within two months of the date of the publication
under sub-section (i), it will be open to the holders of the
irrigable lands under the tank to prefer their objections to
the said restoration before the Deputy Commissioner of the
District. v
(3) The Deputy Commissioner shall, after hearing the
objections, decide whether the work should be abandoned
or whether it should be proceeded with, notwithstanding
the objections raised thereto.
(4) Within one month from the date of such decision an
appeal may be preferred to the Revenue Commissioner and
his decision shall be final.
Explanation. "Irrigable lands" include lands assessed as
wet or garden and any lands commanded by the tank and
liable to pay a water-rate. %
* Added by section i of Act VIII of 1938.
t Added by section a, ibid.
; Substituted by Act XV of 1923.
t88
The Mysore Minor Tank Restoration Act, 1916 289
*4 (i) If no objections have been raised to such resto-
ration, or if the objections raised have been overruled, the
Government or any officer to whom Government may dele-
gate their powers in this behalf, may sanction the execution
of the work.
(2^ One-fourth of the actual cost of the restoration or one-
fourth of the probable cost as published under section 3(1),
whichever is less, shall be recoverable as contribution
from all the raiyats holding lands under the tank in the
proportion of the assessment, or assessment and water-rate,
as the case may be, payable on such lands, provided that the
amount does not in any case exceed eight times the annual
assessment or eight times the annual assessment and water-
rate, as the case may be, on the irrigable lands.*
f(2-A) In the case of minor tanks situate in alienated
villages, the cost of restoration shall, after deducting the
raiyats' contribution under sub-section (2), be borne by
the Government and the superior holder in the proportion
of the land revenue payable by the said superior holder to
the Government and the Total assessment of the village less
the land revenue payable by the said superior holder to the
Government, t
*(3) The contribution under sub-section (2) Jor sub-
section (2-A)J shall be recoverable in not less than five and
not more than ten annual instalments as may be fixed by
i he Deputy Commissioner, commencing from the year after
I he completion of the work.
(4) The amount recoverable from holders of lands under-
sub-section (2) Jor sub-section (s-A)J shall be deemed to be
a rate authorised by Government, within the meaning oi
section 219 of the Land Revenue Code, for purposes of the
recovery of the contribution, on default.
5. (i) The Government may make rules
(a) for the selection of tanks for restoration;
(b) prescribing the manner in which estimates are to
be prepared ;
(c) prescribing the procedure in regard to the disposal
of objection petitions by the Deputy Commissioner
and the appeals by the Revenue Commissioner; and
(rf) generally to carry out the purposes of this Act.
(2) Rules made under this section shall be published in
the official Gazette and shall thereupon have effect as if it is
enacted in this Act.*
* Substituted by Act XV of 1923.
f Inserted by section 3(1) of Act VIII of 1938.
J Inserted by section 3 (2), ibid.
THE BENGAL TANKS IMPROVEMENT
ACT, 1939 (AS MODIFIED UPTO THE
5 TH NOVEMBER 1948)
Bengal Act XV of 1939'
[i2th October, 1939]
An Act to provide for the improvement of tanks in
Bengal for purposes of irrigation.
WHEREAS it is expedient to provide for the improvement
of tanks in Bengal for purposes of irrigation;
It is hereby enacted as follows :
Short title, i. (i) This Act may be called the Bengal Tanks Improve-
cxtent and men t Act, IQ^Q.
commence-
ment. ( 2 ) It extends to the whole of 2 [West Bengal].
3 (3) It shall come into force in such areas on such dates
as the State Government may, by notification in the official
Gazette, direct.
1 For Statement of Objects and Reasons, see the Calcutta Gazette, Extraordinary, dated the
6th August, 1937, pages 208-219; and for Report of the Select Committee see Calcutta Gazette,
dated the 28th July, 1938, Part IV-A, pa^es 151-159; and for Proceedings in the Bengal Legisltivr
Assembly, see Bengal Legislative Assembly Proceedings, 1937, Vol. LIT I, No. 2, pages 314-320, 1938,
Vol. LIII, No i, page 66, and 1938, Vol. LIII, No. 3, page 173 and pages 222-237; and for Proceed-
ings in the Bengal i egislative Council, see Bengal Legislative Council Debates, 1939, Vol I, page 56,
page 137, pages 451-456 and pages 467-485, 1939, Vol. II, pages 168-169, page 526 and page 954.
2 The words in square brackets were substituted foi the word "Bengal" by paragraph (2)
of Article 3 of the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948.
3 The Act was brought into force in such areas and on such dates as follows :
(1) On the 22nd November, 1940, in the districts of Birbhum, Bankura, Burdwan and Murshida-
bad (vide notification No. io77?-Misc., dated the igth November 1940, published in
the Calcutta Gazette, dated the 28th November, 1940, part I, page 3215);
(2) On the loth April, 1941, in the district of Malda (vide notification No. 375i-Misc.,
dated the 5th April, 1941, published in the Calcutta Gazette, dated tLe loth April,
1941, Part I, page 877);
(3) On the 28th October, 1943, in the district of Bogra (vide notification No. 14465-Misc.,
dated the i8th October, 1943, published in the Calcutta Gazette, dated the 28th October,
1943, Part I, page 1573);
(4) On the 6th May, 1943, in the district of Nadia (vide notification No. 6467-Misc., dated
the i st May, 1943, published in the Calcutta Gaz'tte, dated the I3th May, 1943, Part
J Page 993);
(5) On the 22nd June, 1944, in the districts of Midnapore and Rajshahi (vide notification
No. 10728-Misc., dated the I4th June, 1944, published in the Calcutta Gazette, dated the
22nd June, 1944, Part I, , page 829) ;
(6) On the 1 7th August, 1944, in tne district ofHooghly (vide notification No. 13826- Misc. r
dated the 1 2th August, 1944, published in the Calcutta Gazette, dated the I7th August,
1944, Part I, page 1043);
(7) On the 28th November, 1945, in the district ofDinajpur (vide notification No. 64-T.L,
dated the isth November, 1945, published in the Calcutta Gazette, dated the 29th
November, 1945, Part I, page 1977);
(8) On the nth July, 1^46, in the districts of Rangpur, Mymensing, Dacca, Tippera and
Chittagong (vide notification No. 665 T.I., dated the 5th July, 1946, published in the
Calcutta Gazette, dated the nth July, 1946, Part I, page 1073);
(9) On the ist September, 1948, in the district of z^-Parganas (vide notification No. 5007-
T.I., dated the isth August, 1948, published in the Calcutta Gazette, dated the abth
August, 1948, Part I, page 1156).
290
The Bengal Tanks Improvement Act, 1939 291
2. In this Act, unless there is anything repugnant in the Definitions,
subject or context,
(1) "authorised person" means the Collector, a local
authority, co-operative society, or any other person
who takes possession of a tank under the provisions
of this Act and includes the successors in interest
of such a person;
3 [(i0) "agricultural land" includes land used for the
growing of vegetables and the like and also waste
land which is capable of cultivation but does not
include a fruit garden, an orchard, any temple,
mosque or homestead land;]
(2) "Collector" includes a magistrate in charge of a
sub-division of a district and any officer appointed
by the State Government to exercise all or any
of the functions of a Collector under this Act ;
(3) "co-operative society" means a society registered
II of 1912. under the Co-operative Societies Act, 1912;
(4) "derelict tank" means a tank which has been
declared to be a derelict irrigation work under
section 4;
(5) "p er id of possession" means the period from the
time when possession is first taken of a tank under
section 5 or section 6 until the time when possession
thereof is restored under section 2 1 ;
2 [50) "person having control over a tank" does not
include a person by whom the tank is held for a
limited time and whose interest in the tank is not
transferable;]
(6) "prescribed" means prescribed by rules made
under this Act;
(7) "tank" means a reservoir, or place which has been
used as a reservoir, for the storage of water whether
formed by excavation or by the construction of one
or more embankments or place where water natu-
rally accumulates, and includes any part of a tank
and the banks thereof except such portions of the
banks as are homestead garden or orchard lands.
3. If the Collector is of opinion that any tank has fallen Requisition
into disrepair or disuse, he may serve a notice in the pres- by Collector
cribed form and manner on the person having control over* carr Y out
the tank 3 [requiring such person to intimate to him within i pr certain
a period specified in the notice if such person is willing to tanks,
carry out and in case such person is so willing then] to carry
out within a period specified in the notice such improvements
of the tank as the Collector considers necessary for the proper
utilisation of the tank for purposes of irrigation,
1 This new clause was inserted by section a (a) of the Bengal Tanks Improvement (West
Bengal Amendment) Act, 1948 (West Ben. Act XXIV of 1948).
2 This new clause was inserted by section 2(b) of the same Act.
s The words in square brackets were sub-rtituted for the words "requiring him*' by section
3 of the same act.
aga The Bengal Tanks Improvement Act, 1939 [ACT x
Declaration 4. (i) *[If the person having control over the tank does
of a tankto not sen( j an y intimation or sends any intimation to the
irrigation 6 1C Collector within the period fixed under section 3 that he is
work. not willing to carry out the improvements referred to in
that section or if such person sends any intimation to the
Collector within such period that he is willing to carry out
the improvements but fails to carry out the improvements]
to the satisfaction of the Collector within the period specified
in the notice issued under that section or within such further
period as the Collector may, on application made to him
in this behalf, think fit to allow, the Collector may, 2 [by a
notice served in the prescribed manner on] the person having
control over the tank and otherwise published in the pres-
cribed form and manner, declare the tank to be a derelict
irrigation work.
(2) Every notice issued under sub-section (i) shall state
the boundaries of the tank which is declared to be a derelict
irrigation work 3 [or the number entered in the record-of-
rights finally published under Chapter X of the Bengal
Tenancy Act, 1885, of the survey plot comprising such tank.] VI11 f
(3) A copy of every notice published under sub-section (i)
shall be posted up in a conspicuous place near the tank,
together with an intimation that any objections to the 4 [con-
firmation] of the notice received by the Collector within one
month from the date when it is so posted up, will be taken
into consideration.
(4) On the expiry of the said period of one month, the
Collector, after considering the objections, if any, shall
confirm or withdraw the notice.
(5) A notice published under this section shall, unless and
until it is withdrawn, be conclusive evidence of the fact that
the tank to which it relates is a derelict irrigation work with-
in the meaning of this section.
Power to 5 After the notice declaring a tank to be a derelict irri-
Collector in gation work has been confirmed under section 4 the Collector,
respect of a jf he thinks fit. may at any time
derelict irri-
gation work. ( fl ) ta k e possession of the tank and carry out the improve-
ments specified in the notice under section 3, or
(b) authorise under section 6 a local authority, co-opera-
tive society, or any other person interested to take
such action.
1 The words and figure in square brackets were substituted for the words and figure "If the
improvements referred to in section 3 are not carried out" by section 4(0) (i) of the Bengal Tanks
Improvement (West Bengal Amendment) Act, 1948 (West Ben. Act XXIV of 1948).
2 The words in square brackets were substituted for the words "by a notice to*' by section
4(a) (ii) of the same Act.
3 The words and figures in square brackets were added by section $(b) of the same Act.
The word In square brackets was substituted for the word "issue" by section $(c) of the same
Act*
! 939l Th* Benga/ Taflfo Improvement, Act^ 1939 293
6. (i) Any local authority or co-operative society, or Order for
any other person who, in the opinion of the Collector, has ^d Improve-
an interest in a derelict tartk, may, if authorised by the ments i n a
Collector by an order in writing in, this behalf, take possession derelict tank,
of such tank and carry out the improvements specified in
the notice under section 3.
(2) In making an order under sub-section (i) the Collector
shall, except for sufficient reason to be recorded in writing,
give preference to x [the sole owner or] any co-sharer owner
of the tank who has submitted an application stating that
he is willing to carry out the said improvements or he may
make an order in favour of more than one such co-sharer
owner jointly.
(3) An order under sub-section (i) shall be in such form
and shall contain such particulars and conditions as may be
prescribed.
a 6-A. (i) If any authorised person considers it necessary Order for
for the purpose of carrying out the improvements in a derelict possession of
tank to take possession of any land adjoining such tank, ! ands ^^-^
he may, tanlffor r ciir-
(a) if he is the Collector, take possession of such land fy ing u l
u j < j improve-
by order in writing, and m nis in such
(b) if he is not the Collector, apply in the prescribed tank *
manner to the Collector to be empowered to take
possession of such land and the Collector may, if
he is satisfied after considering the application that
such land is required for carrying out the improve-
ments, empower the authorised person by order
in writing to take possession of such land :
Provided that the Collector shall not take possession or
empower any authorised person to take possession of such
land without giving in the prescribed manner the person in
possession of such land reasonable opportunity of making
any representation he may like to make and without consi-
dering any representation so made.
(2) Every order made under sub-section (i) shall specify
the boundaries of the land to which it relates or the number
entered in the record -of-rights finally published under
VIII of 1885. Chapter X of the Bengal Tenancy Act, 1885, of the survey
plot comprising such land and shall be in such form as may
be prescribed.
7. (i) 3 [If any authorised person other than the Collector ] Cancellation
4 (a) fails to carry out the improvements to the satisfac- uric ier *" sec-
tion of the Collector in accordance with the condi- tion 6.
tions referred to in sub-section (3) of section 6,
1 The words in square brackets were inserted by section 5 of the Bengal Tanks Improvement
(West Bengal Amendment) Act, 1948 (West Ben. Act XXIV of 1948).
* This new section was inserted by section 6 of the same Act.
8 The words in square brackets were substituted for the words "If any authorised person "
by section 7 (i) (a) of the same Act.
4 This new clause was substituted for the original clause by section 7(1) (b) of the same Act.
294 The Bengal Tanks Improvement Act > 1939 [ACT xv
(b) fails, in the opinion of the Collector, to proceed with
the improvements with due diligence or to maintain
the tank in proper coriclition, or
i
(c] with or without the permission of the Collector gives
up possession of the tank or abandons the work of
improvement, or
(/) is, in the opinion of the Collector, guilty of any
serious negligence or misconduct in relation to the
tank or to persons having any right or interest in
the tank or in the use of water thereof, or
(e) fails to comply with any order passed under section
26 or section 27,
the Collector may cancel the order made under section 6,
T [as well as anv order made under clause (b) of sub-section
(i) of section 6A] and thereupon all rights and powers of
the said authorised person in respect of the tank 2 [and in
respect of any land of which possession is taken as a result
of an order made under clause (b) of sub-section (i) of sec-
tion 6A] shall cease and determine, and the Collector shall
take possession of the tank 3 [and such land].
(2) After taking possession of the tank 4 [and such land]
under sub-section (i) the Collector shall either appoint
another authorised person to carry out the improvements or
carry them out himself.
Authorised 5 8. Subject to the provisions of this Act, the Collector or
person to an authorised person shall be entitled to remain in possession
retain posses- f a j ere jj ct tank of which possession has been taken under
sion oi a , . . r i A r i -1 !
derelict tank the provisions ol this Act ior such period not exceeding
for a period twenty-five vears from the date on which possession of the
not exceeding derelict tank was taken under section 5 or section 6 as may,
twenty-five - n ^ O pi n i on o f the Collector, be necessary to recover the
years. amount referred to in sub-section (4) of section 1 7 :
Provided that the Collector may, after considering the
views of the authorised person, if any, and for reasons to be
recorded in writing, vary such period from time to time
subject to the maximum limit of twenty-five years.
1 The words, figures, letters and brackets m square brackets were inserted by section 7 (i) (c)
of the Bengal Tanks Improvement (West Bengal Amendment) Act, 1948 (West Ben. Act XXIV
of 1948).
8 The words, figures, letters and brackets in square brackets were inserted by section 7 (i) (d) of
the same Act.
8 The words in square brackets were added by section 7 (i) (e) of the same Act.
* The words in square brackets were inserted by section 7 (a) of the same Act.
6 This new section was substituted for the original section by section 8 of the same Act.
*939] The Bengal Tanks Improvement Act> 1939 295
9. Notwithstanding anything contained in section 8, the Owner to
Collector in his discretion may. at any time within the period berest ? r( ' d lo
, ., 1,1 -j A r possession
determined under the said section, restore to possession of n certain
the tank the per on recorded as entitled to possession thereof conditions
in the record-of-rights referred to in section 22 or his
successors in interest, provided that
l (a) such person pays to the Collector so much of the
costs incurred up to that time both by the autho-
rised person in carrying out the required improve-
ments in the tank and by the 'Collector in carrying
out the purposes of this Act in respect of the tank
as remains uniccovered after realisation by the
authorised person under this Act of the fees referred
to in section 17 or of any sum under r.ny lease
referred to in section 18, together \\i\Y\ interest en
the costs so remaining unrecovered at a rate not
exceeding six and a quarter per centum per annum , nr;d
( ; ;) he undertakes to the satisfaction of the Collector to
carry out any remaining improvements specified
in the notice under section 3 within such period
as the Collector may determine.
~gA. An authorised person shall be entitled to remain \\ithonsed
in possession of onv bnd adjoining a derelict tank of which person to
possession is taken under section 6A as long as such person mal " P r)Sses -
r . . PITT ii r sion of land
remains in possessor oi sum derelict tank und-fr sectjon 8 ^]^ imn g a
tank during
t'->e period of
possession of
such tank.
2 9B. (i) Notwithstanding anything contained in section
9A, if the person recorded as entitled to possession of any |j
land adjoining a derelict tank in the record-of-rights referred -^.^ ad a
to in section 22 or his successor in interest is not (he person de/elict tank
recorded as entitled to possession of such derelict tank in and the re-
the record-of-rights referred to in the said section ,or his taking o
successor in interest, then the Collector may, at the request
of the person so recorded as entitled to possession of such
land or his successor in interest or of the authorised person
at any time after the required improvements in the tank
have been completed, by an order in writing, restore the
possession of such land to the person so recorded as entitled
to possession of such land or to his successor in interest,
although the possession of the tank by the authorised person
has not terminated, and when the possession of such land is
so restored all rights in the land which existed prior to the
time when possession was taken of the land under section
6 A shall be revived :
Provided that before the Collector takes any action under
this sub-section at the request of any person other than the
authorised person, the Collector shall give the authorised
1 Tnis new clause was substituted for the original clause by section 9 of the Bengal Tanks
mprovement (West Bengal Amendment) Act, 1948 (West Ben. Act XXIV of 1948).
2 New sections gA, gB and 9C were inserted by section 10 of the same Act.
The Bengal Tanks Improvement Act y 1939 [ACT xv
person a reasonable opportunity of making any representa-
tion he may like to make and the Collector shall consider
any representation so made.
(2) The person to whom the possession of such land has
been restored under sub-section (i) shall not use it in such
manner as may cause damage to the banks of the derelict
tank or may affect the use of the tank for the purposes of
irrigation.
(3) If the person referred to in sub-section (2) fails, in
the opinion of the Collector, to comply with the provisions
of that sub-section, the Collector may,
(a) again empower the authorised person by an order
in writing to take possession of such land where-
upon the authorised person shall forthwith take
possession thereof, or
(b) if he is the authorised person, himself again take
possession of such land by order in writing,
and the authorised person so taking possession of %uch land
again shall retain such possession as long as he remains in
possession of the tank.
(4) Every order made under sub-section (3) shall specify
the boundaries of the land to which it relates or the number
entered in the record-of-rights finally published under
Chapter X of the Bengal Tenancy Act, 1885, of the survey VIII of 1885.
plot comprising such land and shall be in such form as may
be prescribed.
Restoration *9^* When ^ ie possession of a derelict tank is restored
of possession by the Collector under section 9, the Collector shall at the
of land ad- same time restore the possession of any land adjoining such
joining a tank of which possession was taken under section 6A and
orTVhe ^es- ^ as not a l re ^dy been restored under sub-section (i) of
toration o f section gB or of which possession was retaken under sub-
possession of section (3) of section gB to the person recorded as entitled to
such tank possession of such land in the record-of-rights referred
uon C q SCC " *- * n sec ti n 22 or to his successor in interest:
Provided that where the person to whom the possession
of the tank is restored under section 9 is not the person
recorded as entitled to possession of such land in the said
record-of-rights or his successor in interest, the possession
of such land shall not be so restored until the improvements,
if any, required to be carried out in the tank under clause (b)
of the proviso to section 9 have been completed if the person
to whom the possession of the tank is so restored agrees to
pay the person so recorded as entitled to possession of such
land the compensation which would have been payable by
the authorised person under sub-section (i) of section i^A
if such authorised person had continued to be in possession
of such land.
1 Vide foot-note 2 on pre-page.
OF *939] The Bengal Tanks Improvement Act, 1939 297
10. An authorised person shall not be liable to pay any Authorised
rent or compensation in respect of his possession of a derelict PTi 00 not
,. i tr r , i r i i A i i + liable to pay
tank ! [or any land of which possession is taken under section rent or c m _
6A or is retaken under sub-section (3) of section gB] except pensation.
as expressly provided in this Act.
11. Save as otherwise expressly provided in this Act, the Possession by
possession of a derelict tank u [or of any land adjoining a a " authons-
derelict tank under this Act] by an authorised person shall ^ ^0" Sic
not affect the right or liability of any other person to receive ng hts or ha-
or pay rent in respect of the said tank 3 [or land] or in respect bilitics cf
of any right or interest therein : other persons.
Provided that where rent 4 [in respect of the tank] was,
at the time when possession was first taken of the tank under
this Act, payable by any person solely in respect of -a right
to use the water of the tank for irrigation purposes the liability
to pay such rent shall cease and determine from the date
on which such possession was taken.
12. r >(i) Where a derelict tank is, at the time of the Authorised
taking of possession theieof by an authorised person, in the P crson to P a ?
actual possession of the owner of the tank, the authoiised ^ l c ^^pen-
person shall pay, during the period he remains in possession, sation to per-
to such owner at such times and in such manner as may be s n other
prescribed, such rent as the Collector, after such inquiry as th
he thinks fit, may determine :
Provided that where the authorised person is the owner
of the tank in actual possession thereof, no such payment of
the rent determined by the Collector under this sub-section
shall be necessary; but the amount of such rent shall be
included in and form part of the costs incurred or likely to
be incurred by the authorised person in carrying out the
lequired improvements in the tank.
5 (2) Where a derelict tank is, at the time of the taking
of possession thereof by an authorised person, in the actual
possession of any person other than the owner of the tank,
the authorised person shall, at such times and in such manner
as may be prescribed, pay to the person dispossessed by him
such compensation as the Collector, after such inquiry as
he thinks fit, may determine. Such compensation shall
not be less than the amount of the rent which the person so
dispossessed is liable to pay in respect of the tank, and shall
be deemed to be a full and complete satisfaction for all loss
suffered by such person as a result of the interference with
his possession.
J The words, figures, letters and brackets in square brackets were inserted by section 1 1 of (he
Bengal Tanks Improvement (West Bengal Amendment) Act, 1948 (West Ben. Act XXIV of 1948).
2 The words in square brackets were inserted by section 12 (a) of the same Act. ^
3 The words in square brackets were inserted by section iz(b) of the same Act. (l
4 The words in square brackets were inserted by section iz(c) of the same Act.
5 The original section 12 was renumbered as sub-section (2) of that section and before the said
section, as so renumbered, new sub-section (i) was inserted by section 13 of the same Act.
298 The Bengal Tanks Improvement Act, 1939 [ACT xv
Authorised 13. Where, at the time of the taking of possession of a
person to pay derelict tank by an authorised person, any person has a right,
?? p ? a " r on payment of any rent or charge, to catch fish in the tank
PCI* i r < 1 If 1
sons who or to take fruits from trees on, or other produce irom, the
have right banks of the tank the authorised person shall, at such times
to fish in the anc j j n Suc j 1 manner as ma y be prescribed, pay to the said
pT mem ' n P erson such compensation as the Collector, after such inquiry
as he thinks fit, may determine. Such compensation shall
not be less than the amount of the rent or charge which the
said person continues to be liable to pay to the owner or any
tenant of the tank and shall be deemed to be a full and
complete satisfaction for all loss suffered by such person as a
result of the interference with the exercise of his right.
Authorised 14. (i) Where the bed or any part of the bed of a tank
person to pay h as b een leased out to cultivators for agricultural purposes
tion^tcTcui- t ^ ie aut horised person shall pay compensation to such culti-
tivators who va tors, and theieupon such lease shall be terminated. The
hold a lease amount of compensation payable to each cultivator shall be
of the oed of suc h arnO unt as the Collector, after such inquiry as he thinks
a tank< fit, deems fair and equitable '* * * :
2 Provided that the compensation payable to such culti-
vators shall not be less than an amount which bears to the
total amount of salami, as determined by the Collector to
have been paid for obtaining the lease, the same ratio as
the unexpired period of lease bears to the total period of
such lease :
2 Provided further that where no period of lease is expressly
mentioned or agreed to between the parties concerned the
total period of lease shall be taken as twelve years.
(2) The amount of compensation determined by the
Collector under sub-section ( i ) shall be paid in the prescribed
manner and within the prescribed time to the authorised
person by the landlord who granted the lease. If the land-
lord makes default in such payment the same shall be re-
coverable from the landlord by the Collector as a public
demand and paid by him to the authorised person.
Payment of 3 i4A. (i) Where the owner of a derelict tank is not the
compensa- owner of any land adjoining such tank of which possession
s^ns ^avirig * s ta ^ en unc *er section 6A or retaken under sub-section (3)
rights a * in f section gB, the authorised person shall, at such times and
lands adjoin- such manner as may be prescribed, pay to the person in
ing a tank of possession of such land at the time of taking or retaking
sion^sTaken P ossess i n thereof such compensation as the Collector, after
under this sucn inquiry as he thinks fit, may determine. Such
Act. compensation shall not be less than the amount of the rent
which the person so dispossessed is liable to pay in respect of
the land and shall be deemed to be a full and complete
satisfaction for all loss suffered by such person as a result of
interference with his possession.
1 The wor3l "but not less than the salami paid by such cultivator for the lease" were omitted
by section 14(11) of the Bengal Tanks Improvement (West Bengal Amendment) Act, 1948 (West Ben.
Act XXIV t>f 1 948) .
2 These proviso! were added by section i+(b) of the same- Act.
8 This new section was inserted by section 15 of the same Act.
OF 1939] The Bengal Tanks Improvement Act, 1939 299
(2) Where the owner of a derelict tank is also the owner
of any land adjoining such tank of which possession is taken
under section 6 A, or retaken under sub-section (3) of section
96, the authorised person shall
(a) in the case where such land is in the actual possession
of the owner thereof, pay at such times and in such
manner as may be prescribed to such owner such
rent as the Collector, after such inquiry as he thinks
fit, may determine :
Provided that where the authorised person is the owner
of such land in actual possession thereof, no such
payment of the rent determined by the Colfector
under this clause shall be necessary; but the amount
of such rent shall be included in and form part of
the costs incurred or likely to be incurred by the
authorised person in carrying out the required
improvements in the tank; and
(b) in other cases, pay at such times and in such manner
as may be prescribed to any person to whom such
land l}as been leased out and who holds such land
as lessee at the time such possession is taken or
retaken and to every other person having at that
time, on payment of any rent or charge, any right
in such land, such compensation as the Collector,
after such inquiry as he thinks fit, may determine,
and such compensation shall not be less than the
amount of the rent or charge which the person to
whom the compensation is paid continues to be
liable to pay to the owner or the tenant of such
land and shall be deemed to be a full and complete
satisfaction for all loss suffered by every such person
as a result of the interference with the exercise of
his right.
15* f (i) During the period of possession no person shall Permission of
without the permission of the authorised person use or the authoris-
occupy the tank or use the water thereof except for drinking ed person
and other domestic purposes or catch fish in the tank or take u7e?r*occupy
fruits from trees on, or other produce from, the banks of the the tan k,
tank, except such portions of the banks as are homestead, etc.
garden or orchard lands.
'(2) During the period any land, of which possession is
taken under section 6A, or retaken under sub-section (3) of
section gB, remains in the possession of an authorised .person,
no person shall without the permission of the authorised
person use or occupy such land or take fruits from trees on,
or other produce from, such land.
1 The original section 15 was renumbered as sub-section (i) of that section and to
the said section, as 10 renumbered, new sub-section (2) was added by section 16 of the
Bengal Tam,s Improvement (We*t Bengal Amendment) Act, 1948 (West Ben. Act XXIV of 1948).
300
"Rights to use
the water
of the tank.
The Bengal Tanks Improvement Act, 1939
*i6. During the period of possession all rights to use the
water of the tank for irrigation purposes shall vest in the
authorised person and no person shall use the water of the
tank for such purposes except with the permission of the
authorised person or in so far as he may be permitted to do
so by or under the provisions of this Act.
[ACT xv
Maximum ^GA. (i) When the possession of any tank has been
irrigation taken under section 5 or section 6 the Collector shall deter-
area ' mine in the prescribed manner the maximum area of land to
the limits of which irrigation from the said tank may practi-
cably be extended (hereinafter referred to as the maximum
irrigation area) and the system and alignment by which and
the priority in accordance with which such irrigation can be
so extended to the land in that area, and shall publish a
notice in the prescribed form and manner defining the limits
of the maximum irrigation area and specifying the system,
alignment and priority so determined.
(2) Every person possessing agricultural land within the
maximum irrigation area shall, subject to the provisions of
sub-sections (3) and (4), be liable to pay a fee annually
during the period of possession to the authorised person at
the rate fixed and in the manner provided under section 1 7
and such liability shall not cease by reason of such person
not using water for irrigation purposes from the tank to
which the maximum irrigation area relates.
(3) Any person concerned may, within thirty day? of the
date of the publishing of the notice referred to in sub-
section (i), apply in the prescribed form and manner and
on payment of the prescribed fee to the Collector for
(a) including any land within the maximum irrigation
area,
(b) excluding any land from the max ; mum irrigation
area, and
(c) exempting any land or part of any land from liability
to pay the fees leferred to in sub-secun (2) on the
ground that such land cannot practicably be
irrigated from the tank to which the maximum
irrigation area relates, or cannot be benefited by
such irrigation or that such land is not agriculti rai
land,
arid the Collector after giving the applicant a reasonable
opportunity of being heard may pass such order as to such
inclusion, exclusion or exemption as he thinks fit.
(4) The Collector may, of his own motion at any time
after the expiry of thirty days from the date of publishing of
the notice referred to in sub-section (i), include vuthin the
maximum irrigation area any land which was not agricul-
tural land at the time of publication of such notice but has
subsequently been converted into agricultural land, or other-
wise revise the limits of the maximum irrigation area or
1 New section* 16, i5\, i5J, 17 a-id 17 V wzrc unsrted bv section 17 of the Bengal
Tanks Improvement (West Bengal Amendment) Act, 1948 (West Ben. Act XXIV of 1948).
*939] The Bengal Tanks Improvement Act, 1939 301
exempt any land or part of any land within such maximum
irrigation area from liability to pay the fees referred to in
sub-section (2) and the Collector shall modify the list refer-
red to in sub-section (i) of section i6B accordingly :
Provided that before any order for such inclusion, revi-
sion or exemption is passed all persons concerned shall, by
notice served or published in the prescribed manner, be
given a reasonable opportunity of making any representation
which they may like to make and the Collector shall consider
such representation.
! i6B. (i) As soon as may be after the Collector has dis- Preparation
posed of any applications made under sub-section (3) of of list,
section i6A, he shall prepare a list in the prescribed form
and manner of the persons who are liable to pay the fee
icferred to in sub-section (2) of that section and such list
shall specify the amount of agricultural land within the
maximum irrigation area in respect of which each such
person is to pay such fee and the amount of such fee which
such person is to pay annually to the authorised person.
(2) The Collector shall publish the list referred to in sub-
section (i) and every modification of such list in the manner
prescribed and shall where the authorised person is not the
Collector, forward a copy of such list and every modification
of such list to the authorised person who shall permit every
person whose name is entered in the list or his successor in
interest to use the water of the tank for the irrigation of the
land of such person as long as the amount of the fee payable
by such person is duly paid and not otherwise.
(3) If any dispute arises between persons entered in the
list prepared under sub-section (i) as to any matter in respect
of the use of water by such persons from the tank for the
irrigation of their lands the authorised person or a person
authorised in this behalf by the Collector shall decide the
dispute and his decision, subject to the provisions of section
26, shall be final.
'17. (i) Every person whose name is included in the list Payment and
referred to in sub-section (i) of section iGB or his successor rate f ^ ees -
in interest shall pay annually and in the prescribed manner
and on the dates prescribed to the authorised person or to
such person as may be authorised by the Collector in this
behalf the fees fixed according to the provisions of this section.
(2) If the fees payable under sub-section (i) are not paid
within thirty days from the due date fixed for such payment,
interest on the amount of the fees so outstanding shall be
payable at the rale of six and one quarter per centum per
annum calculated from the day on which such payment
became due until the date on which the amount of the fees
so outstanding is paid or recovered, as the case may be.
(3) The Collector shall fix, in respect of any tank of which
possession is taken under this Act and for which the maximum
irrigation area has been determined by the Collector, the rate
1 Vide foot-note i on pre-page.
302 The Bengal Tanks Improvement Act, 1939 L ACT xv
or rates at which fees to be paid to the authorised person
under sub-section (i) shall be calculated and different rates
may be so fixed for classes of agricultural lands of different
descriptions or having different advantages or for lands for
the irrigation of which any person had at the time when
possession was taken of the tank under this Act the prescrip-
tive right to use water for irrigation.
(4) The rate to be fixed under sub-section (3) shall be
such that all costs incurred or likely to be incurred
(z) by the authorised person in carrying out the required
improvements in the tank; and
() by the Collector in carrying out the purposes of this
Act in respect of the tank ;
may be recovered together with interest thereon at a . rate,
fixed by the State Government, not exceeding six and
one quarter /;<?r centum per annum and together with an amount
estimated by the Collector as is likely to be neccssaiy for
maintaining 'the tank in proper condition during the period
of possession determined by the Collector under section 8.
(5) The Collector may revise the rate or rates of fees
fixed under this section in respect of any tank.
(6) Any sum due to the authorised person under this
section shall be recoverable as a public demand.
Passage of f i7A. No person shall obstruct the passage of any water
water. taken for irrigation purposes from any tank in accordance
with the system, alignment and priority for taking
water as determined by the Collector under sub-section (Oof
section i6A.
Power of 18. 2 (i) During the period of possession the authorised
authorised person may, subject to the provisions of this Act and the
pei sons to p rev i ous permission of the Collector, lease to any person for
tank, e'tc. a P er id not extending beyond the period of possession any
part of the banks of the tank or any right to take fruit from
trees on, or other produce from, such banks or any right to
rear and catch fish in the tank.
2 (2) During the period any land of which possession is
taken under section 6 A or retaken under sub-section ^3) of
section 96 remains in the possession of an authorised person,
such authorised person may, subject to the provisions of this
act and the previous permission of the Collector, lease to any
person for a period not extending beyond the said period of
possession any part of the said land or any right to take
fruits from trees on, or other produce from, such land.
'(3) Any sum due to the authorised person under any
lease granted under this section shall be recoverable as a
public demand.
1 Vide foot-note i on page 300, ante.
2 The original section 18 was renumbered as sub-section (i) of that section and 10 the said section
as so renumbered, new sub-sections (2), (3) and (4) were added by section 18 of the Bengal Tanks
Improvement (West Bengal Amendment) Act, 1948 (West Ben. Act XXIV of 194.8).
OF 1939] The Bengal Tanks Improvement Act. 1939 303
'(4) All sums realised or estimated to be realised by the
Collector or by the authorised person under any lease granted
under this section and any other income derived from the
tank including banks thereof and from adjoining lands taken
possession of under section 6A and by tl e sale of silt or other-
wise, shall be applied in payment of the costs recoverable
under sub-section (4) of section 17.
19. Except as provided in this Act,' no transfer by sale, Bar to trans-
gift, will, mortgage, lease or any contract or agreement of fer of lank
any right acquired by an authorised person under the pro- "^ ^ i ^ ^
visions of this Act in respect of a derelict tank, a , r or in respect ln this Act.
of any land of which possession is taken v rider se( lion 6 A or
retaken under sub-section (3) of section gB] shall Le valid.
3 igA. Notwithstanding anything contained in the Bengal Bar to acqui-
VIII of 1885. IV-nancy Act, iC^,, no person shall arquire any occupancy s ' li " n r
right in any pait of the banks of, or in any land adjoining, j?^^* 110 m
a tank leaded out to such person under section 18 and no lands leased
person who has held any part of the banks of any tank under out under
a lease under section 18 at any time since the commencement se c tlon 18-
of this Act shall be deemed to have acquired any occupancy
right therein.
4 2O. (i) When any tank has been re-excavated at the Application
expense of the State Government as a relief measure of th Act
by the system commonly known as Test or Famine Relief, p ^ ov *d ^^
the Collector may, after giving an opportunity to the person re hef mea-
having control over the tank to be heard in the matter, sure,
direct that possession of such tank should be taken over by
the Collector.
(2) When possession of any improved tank is taken over
under sub-section (i) such tank shall be deemed for the
purposes o r this Act to be a tank taken over and improved
under the provisions of this Act and the provisions of this
Act s4all thereupou apply mutatis mutandis to such tank
accordingly.
5 ai. (i) When the possession of a derelict tank is termi- Restoration
nated in accordance with the provisions of section 8, the of P os f ession
tank shall be restored to the possession of the persons who tan '
were recorded as entitled to possession thereof in the record-
of- rights referred to in section 22, or their successors in
interest and any land possession of which was taken under
1 Vide fool-note 2 on page 302, ante.
9 The words, figures, letters and brackets in square brackets W.TC iiserted by section 19 ot
the Bengal Tanks Improvement (West Bengal Amendment) Act, 194,8 (West Ben. Act XXIV
of 1948).
3 This new section was inserted by section 20 of the same Act.
4 This new section was substituted for the original section by section 21 of the same Act.
3 This new section was substituted for the original section bv section 22 of the same Act.
304 The Bengal Tanks Improvement Act, 1939 [ACT xv
section 6A but has not been previously restored under sec-
tion 98 or section gC or possession of which has been retaken
under sub-section (3) of section gB shall be restored to the
possession of the persons who are recorded as entitled to
possession thereof in the record-of-rights referred to in section
22 or their successors in interest.
(2) When possession of any tank or land is restored under
sub-section (i) or under section 9, all rights in the tank
including all rights to use the 'water for the purposes of irri-
gation which existed prior to the time when possession was
first taken of the tank under section 5 or section 6 and all
rights in such land which existed prior to the time when
possession of the land was taken under section 6A or retaken
under sub-section (3) of section 96, as the case may be,
excepting any rights for which compensation has been paid
under section 14, shall be revived.
Record of 22. (i) The Collector shall prepare in the prescribed
rights in res- f orm an( j manner a record-of-rights in respect of all tanks
Hct tanks . Cre " wmc h are declared to be derelict tanks under this Act, '[and
a record-of-rights in respect of the lands adjoining such
tanks of which possession is taken under section 6 A or retaken
under sub-section (3) of section gB] and during the period
of possession of any^such tank 2 [or during the period for which
any such land remains in the possession of an authorised
person] he may, on application or of his o\\ n motion, from
time to time, add to or alter in the prescribed manner any
entry in the record-of-rights 3 [in respect of such tank or
such land.]
4 (i#) In the record-of-rights prepared under sub-section
(i), there shall be shown in addition to any other details
that may be prescribed, the following :
(a) the names of all persons from the actual possessor
upwards up to and including the owner having
permanent transferable right in the tank and
adjoining lands together with their addresses, nature
and extent of right and interest in the tank and
adjoining lands as existing immediately before
possession of such tank or land is taken under the
provisions of this Act;
(b) the revenue or rent and cesses, if any, payable by
the different persons referred to in clause (a) in
respect of the tank or land or if that be not ascer-
tainable then the revenue or rent and cesses in
respect of the estate, tenure or holding in which
such tank or land is included; and
1 The words, figures, letters and brackets in square brackets were inserted by section 23 (a) of
the Bengal Tanks Improvement (West Bengal Amendment) Act, 1948 (West Ben. Act XXIV of
1948).
2 These words in square brackets were inserted by section 23 (b) of the same Act.
3 These words in square brackets were added by section 23(c) of the same Act.
4 This new sub-section was inserted by sectioi 2$(d) of the same Act.
OF J 939] 7"A* Bengal Tanks Improvement Act, 1939 305
(c) the numbers of cadastral survey plots together with
the names and addresses of possessors of such plots *
who may have immediately before possession of such
tank is taken the prescriptive right of taking water
from such tank for irrigation purposes.
(2) Every entry in the record-of-rights referred to in sub-
section (i) shall be evidence of the matter referred to in
such entry, and shall be presumed to be correct in every
particular for the purposes of this Act until it is proved by
evidence to be incorrect.
'23. (i) The State Government may, by order pub- Application
lished in the official Gazette, direct that any tank which of lhe Act /
, , . , , ! . . ' r .,. A . certain tanks.,
may have been improved under the provisions of this Act
prior to the commencement of the Bengal Tanks Improve-
Wes* Ben. ment (West Bengal Amendment) Act, 1948, shall, with effect
Act XXIV from a date to be specified in such order, be deemed to have
of 1 048 | Decn improved in accordance with the provisions of this Act
as amended by the last mentioned Act.
(2) When an order under sub-section (i) is made in respect
of any tank, the Collector shall, in the prescribed manner,
prepare or revise the list of maximum irrigation area, revise
the order regarding period of possession and assessment of
fees and take such other action as may be deemed necessary
to give effect to such order.
2 24 All costs incurred by the Collector in carrying out Costs,
the purposes of this Act in respect of a tank of which posses-
sion is taken under section 6 or in respect of any land of
which possession is taken under section 6A or xetaken under
sub-section (3) of section qB shall be paid by the authorised
person at such times and in such manner as may be pres-
cribed, and on default in payment thereof the same shall
be recoverable by the Collector as a public demand.
25. 3 (i) During the period of possession all disputes Decision of
relating to the exercise of any rights in respect of a tank cr disputes,
the use of the water thereof by the authorised person 3 * * *
shall be decided by the Collector in such mariner as may
be prescribed.
\2) During the period any land of which possession is
taken under section 6 A or retaken under sub-section (3) of
section gB remains in the possession of an authorised person,
all disputes relating to the exercise of any rights in respect
of such land shall be decided by the Collector in such manner
as may be prescribed.
1 This new section was substituted for (he original section bv section 24 of the Bengal Tanks
Improvement (West Bengal Amendment) Act, 1948 (West Ben. Act XXIV of 1948).
2 This new section was substituted for the original section by section 25 of the same Act.
3 The original section 25 was renumbered as sub-section (i) of that section, and in the said
section, as so renumbered, the words, figures and brackets "or among any other persons referred to
in sub-section (2) of section 16" were also omitted by section a6(a) of the same Act.
4 This new sub-section was added by section 26 (b) of the same Ac*.
306 7 he Bengal Tanks Improvement Act, 1939 [ACT xv
Appeal 26. Any person aggrieved by any action 'for decision]
against ac- Q f an authorized person, other than the Collector, 2 for any
tionofautho i_ i i i /^ n T i i_ /^ n
rised person P erson authorised by the Collector] may appeal to the Collec-
tor who after giving such authorised person an opportunity
to be heard in the matter, shall pass such order thereon as
he thinks fit.
t
Other 27. ( i ) Any person aggrieved by any order passed by a
appeals. Collector, other than the Collector of the district, under this
Act may appeal in the prescribed manner to the Collector of
the district.
(2) Any person aggrieved bv any order passed, on appeal
or otherwise, bv the Collector of the district may appeal in
the prescribed manner to the Commipsioner.
(3) Any person aggrieved by any order passed by a Com-
missioner under this Act mav appeal in the prescribed man-
ner to the B/>ard of Revenue :
Provided that where an order passed by the Collector of
the district on appeal has been confirmed by the Commis-
sioner no appeal urulcr this sub-section shall He except on
a point of law.
Procedure m 28. Notwithstanding rnything contained in any other Act
proceedings (he procedure to be followed by the Collector of the dis-
under section ^.^ CormTiissioner or Board of Revenue in any proceedings
und^r section 27 shall be in accordance with rules made
under this Act.
Order of 29- No decree nor order of a Civil Court shall operate to
Civil Court disturb, curtail or otherwise modify the possession under
not to opcr- tn j s Act o f a tan k 3f or o f anv i anc j adjoining such tank] by
period UIU of tne autnor "i se d person, 01, during the period of possession,
possession. 4 [f such tank or during the period for which any such land
remains in the possession of an authorised person] to annul
or alter any order or decision of the Collector or any other
Revenue authority made or purporting to have been made
under the provisions of this Act.
Bar to juris- 30. 5 (i) No suit shall lie in any Civil Court for compen-
diction ofsation in respect of any injury, damage or loss resulting
Civil Courts. from anyt hin g done under this Act.
5 (2) No suit or other proceedings shall lie against the
Collector, other authorised person or any officer or worker
employed by or under the Collector for anything in good
faith done or intended to be done or purporting to be done
under the provisions of this Act or any rule made thereunder.
i The words in square brackets were inserted by section 2 7 (a) of the Bengal Tanks Improvement
(West Bengal Amendment) Act, 1948 (West Ben. Act XXIV of 1948).
a The words in square brackets were inserted by section 27() of the same Act.
3 The words in square brackets were inserted by section 28 (/z) of the same Act.
4 The words in square brackets were inserted by section a8() of the same Act.
3 The original section 30 was renumbered as sub-section (i) of that section and after the said
flection, as so renumbered, new sub-section (2) was added by section 29 of the same Act.
OF 1939] The Bengal Tanks Improvement Act, 1939 307
31. The Collector, subject to any rules made under this Power to
Act may at any time enter upon any land with such officers en<er ^ a "^
or servants as he considers necessary, and make a survey or survey *eic
take measurements thereof or do any other acts which he
considers to be necessary for carrying out any of his duties
under this Act.
32. (i) Subject to rules made under this Act the Collector Power to
may, for the purposes of this Act, by . notice, require any ^mpH P ro ~
person to make and deliver to him a statement or to produce statements
records or documents in his possession or control relating and dcxu-
to any land or tank at a time and place specified in the notice, menis.
(2) Every person required to make or deliver a statement
or to produce any record or document under this section
shall be deemed legally bound to do so within the meaning
Act XLV of of sections 175 and 176 of the Indian Penal Code.
i860.
33. For the purposes of an inquiry under this Act the Power to
Collector shall have power to summon and enforce the attend- <" nft ' rce at "
~ -IT r i i tendance of
ance of witnesses, including any of the persons interested in w it r ,tws and
the tank T [or in any land adjoining such tank] and to com- production of
pel the production of documents by the same means and, so documents.
far as may be, in the same manner as is pro vided in the case
Act V of of a Civil Court under the Code of Civil Procedure, ico8.
1908.
34. The Collector may, by order in writing, authorise Power to
any officer subordinate to him to exercise the povs ers of the authorise
Collector under clause (a) of section 5 "for clause (a) of sub- ^e^TeV
section (i) of section 6A, or clause (b) of sub-section (3) of erc i se Collec-
section 98] or under section 31. tor's poweis.
35. Whoever contravenes anv of the provisions of section Penalty.
15, 3 [section 16 or section 17 A] shall be punished with fine
which may extend to one hundred rupees.
36. The proprietor of a tank 4 for of any land adjoining No reduc-
a tank] shall not be entitled to claim, on account of anything tlf)n ot reve
done under the provisions of this Act, any reduction in the n . u . c lor ? m "
, f Y i i_ r^ thing done
revenue payable by him to the Government. und * r this
Act.
1 The words in square brackets were inserted by section 30 of ihe Bengal Tanks Improvement
(West Bengal Amendment) Act, 1948 (West Ben. Act XXIV 1048).
a The words, figures, letters and brackets in square brackets were inserted by section 31 of the
same Act.
3 The words, figures and letters in square brackets were substituted for the words, figures and
brackets "or sub-section (i) of section 16** by section 32 of the same Act.
* The words in square brackets were inserted by section 33 of the same Act.
308 The Bengal Tanks Improvement Act, 1939 [ACT xv
Power to yj. (i) The State Government may make rules for
make rules. carrv i n g O ut the purposes of this Act.
(2) In particular, and without prejudice to the generality
of the foregoing power, such rules may provide for all or any
of the following matters, namely :
(a) the forms of notices under section 3, sub-section (i)
of section 4 and sub-section (i) of section 23, of
'[orders under sub-section (i) of section 6, sub-
section (i) of section 6A and sub-section (3) of
section pB], and of record-of-rights under sub-
section (i) of section 22;
(b) the manner of serving notice under section 3, a [sub-
section (i) of section 4] and sub-section (i) of
section 23 and of publishing notice under sub-
section (i) of section 4;
(c) the particulars and conditions to be specified in an
order under sub-section (i) of section 6;
*(cc) the manner of making an application under clause
(b) of sub-section (j) of section 6A and of giving
reasonable opportunity to the person in possession
of the land to make any representation under the
proviso to the said sub-section;
(d) the time and mariner of payment of compensation
under section 12, section 13, 4 [sub-seetion (2) of
section 14 and sub-sections (i) and (2) of section
I4A], and of cost under section 24;
5 (dd) the manner of determining the maximum irriga-
tion area and the system, alignment and priority
of irrigation in that area, and the form and the
manner of publishing the notice defining the limits
of the maximum irrigation area and the system,
alignment and priority of irrigation in that area,
under sub-section (i) of section i6A and the form
and manner of the application and the fee payable
under sub-section (3) of that section;
*(ddd) the manner of service and publication of notice
referred to in the" proviso to sub-section (4) of
section i6A;
5 (dddd) the form of the list and the manner of its pre-
paration under sub-section (i) of section iGB and
the manner of publication of the list and every
modification thereof under sub-section (2) of that
section ;
1 The words, figures and brackets in square brackets were substituted for the words, figures and
brackets "order under sub-section d) of section 6" bv section 34 1 1) of the Bengal Tanks Improve-
ment (West Bengal Amendment) Act, 1948 (West Ben. Act XXIV of 1948).
2 The words, figures and brackets in square brackets were inserted by section 34 (2) of the
same Act.
3 This new clause was inserted by seciion 34 (3) of the same Act.
4 The words, figures, letter and brackets in square brackets were substituted for the words,'
figures and brackets "and sub-section (2) of section 14" by section 34 (4) of the same Act.
5 New clauses (dd), (ddd) t (dddd) and (ddddd) were inserted by section 34 (5) of the same Act.
OP 1939] The Bengal Tanks Improvement Act, 1939 309
1 (ddddd) the manner and the dates of payment of fees
under sub-section ( i ) of section 1 7 ;
(e) the manner of preparing the 2 [records-of-rights]
under sub-section (i) of section 22, and of adding
or altering any entry therein;
*(ee) the manner of preparation and revision of the
list of maximum irrigation area referred to in
sub-section (2) of section 23;
(J) the manner of deciding disputes under 4 [sub-sections
(i) and (2) of section 25];
(g) the manner of making an appeal and the procedure
to be followed in any proceedings under section 27;
(h) the procedure and conduct of the Collector and of
officers and servants referred to in section 3 1 ;
(i) the exercise of powers under sub-section (i) of section
32 to enforce the making and delivery of statements
and production of documents.
1 Vide foot-note 5 on p re-page.
2 The word in square brackets was substituted for he word "record-of-nghts" bv section 34 (6)
of the Bengal Tanks Improvement (West Bengal Amendment) Act, 1948 (West Ben. ACL XXIV
of 1 948).
3 This new clause was inserted by section 34 (7) of the same Act.
4 The words, figures and brackets in square brackets were substituted for the word and figures
"section 25" by section 34 (8) of the same Act.
THE COCHIN PRESERVATION OF
ERIES ACT, "1945
Act XXIII of 1945 (Karkadagam 1120)
Preamble. WHEREAS in the interests of agriculture it is necessary to
preserve the existing Eries; It is hereby enacted as follows:
Short title, i. (i) This Act may be called the Preservation of Eries
extent and Act, XXIII of 1 J2O.
commence-
ment. (2) It extends to the whole of Chittur Taluk and shall
come into force on such date as Government may by notifi-
cation in the Cochine Government Gazette specify.
Definition. 2. "Eri" means a tank, well, canal or other reservoir
used for the storage of water lor purposes of cultivation and
notiiied by Government in the Cochine Government Gazette as
an Eii for the purposes of this Act.
Returns 3* ( ] ) Government may for the purpose of determining
the Eries to whi< h thjs Act should be made applicable, by
notification in the Cochin Government Gazette require the
,) vris^s and persons in po.s^sion of lands to furnish to
the Diwan Peishkar within a specified period particulars,
in such form as may be prescribed, of the tanks, wells, canals
or oiher reservoirs f>r the storage of water for agricultural
purposes in their 1; n:ls.
(2) Whoever fails to make the return mentioned in sub-
section (i) or makes a return which is false in any material
particular, shall .be liable to a .penalty not exceeding one
hundred rupees as rnpy be fixed by the Diwan Peishkar.
Enes not to 4- No person shi.ll comert an Eri into wet lands or param-
be converted bas without the prexious sanction in writing of the Diwan-
into wet Peishkar.
lands, etc.
Penalty. 5- Whoever converts ^n Eri or abets the conversion of an
Eri in contravention of the precisions of section 4 shall be
liable to a penalty not exceeding two hundred rupees as
may be fixed by the Diwan Peishkar.
Recovery of 6. (i) If any person in possession and control of the Eri
expenses in- does not maintain it in good repair or converts the Eri into
cuned. wet i anc j or paramba, the Diwan Peishkar may by notice in
writing require such person within such time as may be
fixed by the Diwan Peishkar to repair it or restore the same
to its original state as the case may be. If the person so
required fails to repair or restore the Eri to its original state,
the Diwan Peishkar may, without prejudice to any other
action that may be taken under this Act, cause such work or
repair to be executed, or may take such measure or do that
which in his opinion is necessary for restoring the same to
i's original state or for the repair thereof." The Diwan
310
The Cochin Preservation of Eries Act> 1945 31 1
Peishkar may enter or authorise the entry into the Eri and
the land adjacent to it of such persons as may be necessary
for the execution of such work or repair. The expenses
incurred by the Diwan Peishkar in the execution of such
work or repair shall be recoverable from the person who was
required to execute the work as arrears of revenue under the
provisions of the Cochin Revenue Recovery Act, IV of 1083.
(2) Where an Eri not maintained in good repair is caused
to be repaired by the Diwan Peishkar under sub-section (i)
and such Eri benefits lands other than those in the possession
of the person in whose possession and control such Eri is, the
Diwan Peishkar shall, subject to the subsisting rights between
the several persons whose lands are benefited, apportion the
expenses of repair recoverable between the several persons
whose lands are so benefited by the repair in proportion
to the benefit derived or derivable by the lands on ac-
count of such repair.
7. An appeal shall lie to Government from the orders Appeal,
passed by the Diwan Peishkar under section 3 or section 4
or section 5 or section 6. Such appeals shall be presented
within thirty days from the date of the receipt of the order
complained against. The orders of Government, or where
there has been no appeal, the orders of the Diwan Peishkar
shall be final and shall not be called in question in a court
of law :
Provided that, in cases of disputes relating to liability on
apportionment under section 6(2) any aggrieved party may
sue any other or others without making Government a
party and the court may by its decree re-apportion the
liability.
8. The penalties imposed under section 3 or section 5 Recovery of
shall be recoverable as arrears of revenue under the provisions Penalty.
of the Cochin Revenue Recovery Act, IV of 1083.
THE MADRAS IRRIGATION TANKS
(IMPROVEMENT) ACT, 1949
Act No. XIX of 1949
[Received the assent of His Excellency the Governor on the
July, 1949, fast published in the "Fort "Fort St. George
Gazette" on the igth July 1949.]
An Act to empower the Provincial Government to
increase tiie capacity and efficiency of irrigation
tanks in the Province of Madras.
WHEREAS it is expedient to empower the Provincial Govern-
ment to increase the capacity and efficiency of irrigation
tanks in the Province of Madras; It is hereby enacted as
follows :
Short title, I* (i) This Act may be called the Madras Irrigation
extent and Tanks (Improvement) Act 1949.
commence-
ment. (2) It extends to the whole of the State of Madras.
(3) It shall come into force at once.
Definitions. 2. In this Act, unless there is anything repugnant in the
subject or context,
(a) "Government" means the State Government;
() "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 State of
Madras.
Power to 3- (0 Notwithstanding anything contained in any other
take measu- law for the time being in force, the Government shall have
res for in- power to raise the full -tank level of any tank or to take any
creasing the ot j ier measures for increasing its capacity for efficiency,
capacity or . to ^ J . '.
efficiency o f w herever it may be situated and whether in a ryotwari,
irrigation zamindari, inamdari or other area.
(2) The owner of a tank not belonging to the Govern-
ment shall not be required to bear any portion of the cost of
carrying out any measures in respect of the tank under sub-
section (i).
(3) Where, in pursuance of sub-section (i), 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 tank in such proportions, and in such manner as may
be prescribed.
312
The Madras Irrigation Tanks (Improvement) Act, 1949 313
4. No Court shall entertain any suit or application Suits and
for the issue of an injunction to restrain the exercise of any apphcations
powers conferred on the Government by section 3. ^ons barred!"
5. (i) Where in consequence of anything done inGompcnsa-
pursuance of section 3, the owner of any land or property t i n -
sustains loss or damage, he shall be entitled to such com-
pensation as the District Collector may by order deter-
mine:
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 (i), unless he has preferred to the District
Collector, an application in that behalf setting forth the
grounds of his claims, within th*ee 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 prescrib-
ed 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.
6. ( i ) The Government or any person deeming himself A p p e a I
aggrieved by an order of the District Collector under section *f th?Ditri
5, sub-section (i), or any person deeming himself aggrieved Collector.
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 lanot
or property to which the 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 years
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 tin? as the court may think
fit to allow.
g 14 The Madras Irrigation Tanks (Improvement) Act, 1949 [ACT xix OP 1949]
Powei to 7. (r) The Government may, by notification in the Fort
make rules. ^. George 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;
(b) the delegation of the powers of the Government
under section 3 to any officer or authority subordi-
nate to them and the control and revision of the
acts or proceedings of any such officer or authority;
(c) the procedure to be followed in disposing of ap-
plications preferred under this Act; and
(d ) the manner of service of orders under this Act.
THE ASSAM EMBANKMENT AND
DRAINAGE ACT, 1941
Assam Act VII of 1941
An Act to provide for the construction, removal and
upkeep of embankments and for the drainage and
improvement of lands in Assam.
WHEREAS it is expedient to make provision for the con- Preamble,
struction, maintenance, management, removal and control
of embankments and for the better drainage and improve-
ment of lands in Assam ;
And whereas the previous sanction of the Governor has
been obtained to the introduction of this Bill ;
It is hereby enacted as follows :
1. (z) This Act may be called the Assam Embankment short title,
and Drainage Act, 19^1. extent and
/..\ T , , , , ~ A commence-
(n) It extends to the whole of Assam. merit.
(ui) It shall come into force on such date as the 1 [State]
Government may specify by notification in the official
Gazette in that behalf.
2. In this Act, unless there is anything repugnant in the Definitions,
subject or context
(i) "Cattle" includes also elephants, buffaloes, horses, "Cattle",
ponies, mules, asses, pigs, sheep and goats.
() (a) "Embankment" means any embankment, public "Embank-
or private, constructed for the purpose of exclud- ment".
ing, regulating or retaining water and includes
all earthen or masonry walls, dams, spilways,
piers, groins, sluices, syphons, water gauges, bench-
marks and other works subsidiary to any such
embankment; but does not include any "ail" or
ridge surrounding or dividing a field or any public
or private road.
(b) "Public Embankment" means an embankment "Public
vested in the l [Government] or under the control Embank-
and administration of the 1 [State] Government or ment "-
any Local Board, Municipality or Town Commit-
tee.
(c) "Private Embankment" means any embank- "Private
ment which is not a public embankment. Embank-
... ment .
(rf) "Drain" includes dongs and irrigation channels "Drain",
in the plains, a tunnel, a culvert, a ditch, a
channel, a canal, a syphon, a sluice or artificial
water-course of any other description and any
r Substituted, by the Adaptation of Laws Order, 1950.
316 The Assam Embankment and Drainage Act, 1941 [ACT vu
other device for excluding, regulating or retain-
ing water, rain water, flood water or sub-soil
water, but does not include the ordinary irriga-
tion processes in hill and submontane districts.
"Embank- (m) "Embankment Officer" means the Executive En-
gineer or any Division and any other officer not
below the rank of Executive Engineer whom the
1 [State] Government may declare to be such.
"Owner**. (iv) (a) "Owner" shall include proprietors and settle-
ment holders as defined in the Assam Land and
Revenue Regulation, 1886 (Regulation I of 1886) I of 1886.
and every intermediate tenant between the pro-
prietor or settlement holder and the occupier
and with respect to unsettled waste land, shall
mean l [State] Government.
"Occupier". (b) "Occupier" means the person residing in or
in possession of any house, land or place.
"Local (c) "Local area" means an area notified as such
Area". by the 5 [State] Government in the Gazette
to which section 13 of this Act would apply.
"Prescri- (d) "Prescribed" means prescribed by rules made
bed." under this Act.
"Cost". (i) "Cost" means the capital cost of a work includ-
ing that of the connected survey but does not
include any maintenance or interest charges or
any contribution made by Government under
section 7.
Right of en- 3* W ^ s ^ a ^ be lawful f r an Y officer generally or specially
try upon pri- authorised by the J [State] Government in this behalf and
vate land and for his servants and workmen to enter upon, survey and take
payment for i eve j s o f any \ an d, whether covered with water or not ; to dig
amage. ^ bore into the sub-soil ; to mark levels by placing marks ;
and to cut down and clear away any part of any standing
crop, fence, or jungle whenever necessary for the completion
of any survey :
Provided that no person shall enter into any building
or upon any enclosed court or garden attached to a dwel-
ling house, unless with the consent of the occupier thereof,
without previously giving the occupier at least ten days'
notice in writing of his intention to do so.
(#) The officer so authorised shall at the time of such
entry pay or tender payment for all damage done as afore-
said and in case of dispute as to the sufficiency of the amount
so paid or tendered, he shall refer forthwith the dispute to
the Deputy Commissioner whose decision which shall be
based on an enquiry, held either by himself or by a gazetted
officer not below the rank of Extra Assistant Commissioner
deputed by him, shall be final. Nothing in this sub-section
shall debar the person injured from applying direct to the
Deputy Commissioner for compensation. No claim under
this sub-section made later than six months after the damage
occurred shall be entertained.
1 Substituted by ibid.
OF 1941] The Assam Embankment and Drainagt Act, 1941 317
4. (i) The Embankment Officer shall have power : Construction,
^ ' ... removal or
(a) to remove any obstruction of any kind which in his alteration of
opinion endangers the stability of any embank- embank-
ment or drain ; removal 8 of
(b) to remove or alter any embankment or drain or any obstructions,
obstruction of any kind which in his opinion
endangers the safety of any town or village or
is likely to cause loss of property by interfering
with the general drainage or the flood drainage
of any tract of land; and
(c) to construct any embankment or drain the absence
of which, in his opinion, endangers the safety of
any town or village.
() Except as hereinafter provided the Embankment
Officer shall, before exercising his powers under sub-section
(i) above, apply to the Deputy Commissioner for permission
stating the nature of the action proposed to be taken and
the reasons therefor. Thereupon the Deputy Commissioner
shall publish a general notice to all persons likely to be
affected and after considering any objection that may be
received, may refuse or grant permission either absolutely
or subject to such conditions as he may think fit to impose.
Any person aggrieved by the Deputy Commissioner's order
may within thirty days thereof appeal to the J [State] Govern-
ment whose decision shall be final.
(Hi) In case of grave and imminent danger to life or
property the Embankment Officer may forthwith commence
the execution of any work under sub-section (/) and then
apply for permission under sub-section (ii) above. Before
the Embankment Officer begins any emergency work under
this section he shall intimate his proposals to the Railway
Administration, Local Boards, Municipalities and Town
Committees within the area affected by such work. But in
any such case, if it should appear that anything done by the
Embankment Officer was unnecessary, any person who has
sustained damage by the execution of the work shall be
entitled to make a claim to compensation for the decision
of the Deputy Commissioner. No claim under this sub-
section made later than six months after the damage occurred
shall be entertained. An appeal against the Deputy Commis-
sioner's decision shall lie to the District Judge but no appeal
shall be entertained unless it is made within sixty days of
the date of the Deputy Commissioner's decision. Where
the claim is upheld, the applicant is entitled to have the
land, embankment or drain restored as nearly as possible
to its original state, regard being had to the amount of the
work which the Deputy Commissioner or the District Judge,
as the case may be, considers to have been necessary, at the
expense of Government :
Provided that no suit or criminal prosecution shall lie
against the Embankment Officer for anything done or
omitted to be done by him in good faith under this Act.
1 Substituted by ibid.
3i 8 The Assam Embankment and Drainage Act, 1941 [ACT vn
Application 5. (j) ( fl ) if anv person desires that a bridge, culvert,
or a new n^ s yP^ on or sluice be made in any public embankment for the
bankment or purpose of drainage or irrigation; or
a sluice in a
bankmentT 1 " W ^ within any local area to which section 13 has been
applied, any person desires that any new embankment or
drain be constructed or that any existing embankment or
drain be altered or removed ;
He shall make an application in writing to the Deputy
Commissioner of the District in which such embankment
or drain is situated.
(ii) At the time of making such application the appli-
cant (s) shall deposit with the Deputy Commissioner the
sum of Rupees ten towards the expense of surveys, etc.,
necessary for investigating the soundness of the proposal.
Procedure 6. When application has been made to the Deputy Com-
tbr enquiry missioner under section 5 he shall forward the proposals
tTon oST to the HState] Government.
Preparation 7. Whenever it appears to the l [State] Government that
of schemes an y embankment or drainage work is necessary for the im-
meni mprOSA of P rovement ^ an y ^ an< ^ s j or f r tne proper cultivation or ir-
drains, em- rigation thereof, or for protection from floods or other
bankmems accumulations of water, or from erosion by a river (whether
and flood the lands to be so protected are in the immediate vicinity
pro ectmn. Q ^ ^^ place where the work is considered necessary, or
otherwise), the 1 [State] Government, after consultation with
the Railway Administration, any Local Board, Munici-
pality or Town Committee regarding all schemes within a
notified local area, and in all other areas without such con-
sultation, may cause a scheme for such embankment or
drainage w r ork to be drawn up by the Embankment Officer
and published together with an estimate of its cost and a
statement of the proportion of such cost which the Govern-
ment proposes to defray, and a schedule of the lands which
it is proposed to make chargeable.
Power to 8. () The person authorised by the * [State] Govern-
rnter and men t to draw up such a scheme may with his servants
furvey, e c. anc j workmen enter upon any lands adjacent to any
embankment or drain or on which any embankment or
drain is proposed to be made, and undertake surveys or
levels thereon; and dig and bore into the sub-soil; and
make and set up suitable land-marks, level-marks and water-
gauges; and do all acts necessary for the preparation of
the scheme contemplated under this Act; and
Power to (ii) where otherwise such enquiry cannot be corn-
clear land, pleted such officer or other person acting under his orders
may cut down and clear away any part of any standing
crop, fence or jungle ;
Substituted by ibid.
OF 1941] The Assam Embankment and Drainage Act, 1941 319
(iff) every proprietor and settlement-holder of any land Information
and every person entitled to receive rent in respect of any or assistance
i j i j i_ 11 , 7 to be farm-
land or occupying any land as a tenant, shall, on the
written requisition of the Embankment Officer, furnish,
personally or otherwise, as the Embankment Officer directs,
such information or assistance as may be required by that
officer for the purpose of preparing the scheme:
Provided that, if such aforesaid officer or person acting Notice of
under his orders proposes to enter into any enclosed court JJJ^ry C j n t
or garden attached to a dwelling house, he shall previously courtyard
give the occupier of such court or garden at least ten days' and gardens
notice in writing, of his intention to do so; attached to
the dwelling
houses.
(iv) In every case of entry under this section the aforesaid Compensa-
officer shall, at the time of such entry, tender compensation J- ion for
for any damage which may be occasioned by any proceeding c ^^^ by
under this section ; and, in case of dispute as to the sufficiency entry.
of the amount so tendered he shall forthwith refer the same
for decision by the Deputy Commissioner and such decision
which shall be based on an enquiry, held either by himself
or by a gazetted officer not below the rank of Extra Assistant
Commissioner deputed by him, shall be final.
8. As soon as possible after the publication of a scheme
under section 7, a Deputy Commissioner or, where the
scheme affects persons in more than one district, the Com-
missioner of Divisions shall invite objections by a proclama-
tion allowing one month's time for their receipt from the
public, and any Railway Administration, Local Board,
Municipality or Town Committee likely to be affected. On
receipt of any objections the Deputy Commissioner or the
Commissioner as the case may be shall publish a notice
stating the place, date and time at which an enquiry will be
held for the purpose of ascertaining the validity of the objec-
tions. After such enquiry has been completed the Deputy
Commissioner or the Commissioner as the case may be shall
forward the objections along with his recommendations to
the ' [State] Government.
9. (i) After taking into consideration any objections and Completion
recommendations made under the preceding section the of scheme.
1 [State] Government may direct that the scheme drawn
up under section 7, with such consequential modifications as
Government deem necessary, be put into operation and
completed forthwith, or within such period as may be directed.
(if) An annual rate may be charged on the occupier or, Rates.
if there is no occupier, the owner of all lands proposed to be
made chargeable under section 7 so as to liquidate the cost
of the scheme within a period not exceeding twenty years
as Government may prescribe. Such rate shall not be
varied by the '[State] Government:
Substituted by ibia.
320 The Assam Embankment and Drainage Act, 1941 [ACT vn
Provided that no rate shall be levied on land in temporary
settled districts of Assam which is liable to periodic enhance-
ment of revenue within ten years of completion of the improve-
ments effected under this Act.
Recovery of (Hi) Any rate charged under this Act shall be recoverable
rate. a s if it was an arrear of land revenue.
The i [State] Government shall take into account the
degree of benefit accruing to the assessees when deciding
upon the date from which the rate shall be levied.
Disposal of 10. (i) Whenever any :
claims to
compensa- (a) obstruction is removed or embankment or drain
non - removed, constructed or altered under section
4(i)(a), (b) and (c), or
(b) embankment or drainage work carried out under
section 9, or
(c) emergent work undertaken under sub-section 4 (iii) 9
or
(d) right of fishery, right of drainage, right and uses of
water or other right of property, other than as
mentioned above, has been injuriously affected,
a claim to compensation for any loss arising therefrom may
be made within three years of the completion of the work
before the Deputy Commissioner who shall award such
compensation as he considers fair and reasonable. An
appeal against the Deputy Commissioner's decision shall
lie to the District Judge, but no appeal shall be entertained
unless it is made within sixty days of the date of Deputy
Commissioner's decision. The District Judge's decision shall
be final.
Limitation of ({{) No such claim shall be entertained after the expiry
such claims. Q f t j irce years from the occurrence of the loss complained of,
unless the Deputy Commissioner is satisfied that the claimant
had sufficient cause for not making the claim within such
period.
Vesting of n. The right of access to and maintenance of any em-
certain rights bankment or drain or portion thereof constructed, improved
^Govern- or re P a i rec ^ under any section of this Act shall vest in the
ment] l [Government] and be under the control and administration of
1 [State] Government.
Penalties for I2 - (*) Any person who, without the permission of the
trespass on Embankment Officer
m e n t s or ( a ) grazes any cattle or allows any cattle belonging to
drains. him or in his charge to trespass on any public
embankment or drain, or
(b) cuts or roots out any trees, shrubs or grass growing
on any public embankment or drain, or
(c) takes any vehicle over or across any public embank-
ment or drain, or
Substituted by ibid.
OF 1941] The Assam Embankment and Drainage Act, 1941 321
(d) damages or obstructs any embankment or drain
constructed, repaired or maintained under the
provisions of this Act,
shall be punished with imprisonment of either description
for a term which may extend to six months, or with fine
which may extend to two hundred rupees, or with both.
(zz) No person shall, without due authority, cut through
any embankment or drain or destroy or attempt to destroy,
any such embankment or drain or open or shut or obstruct
any sluice in any such embankment or drain or any public
water-course; and every person who shall commit any breach
of the provisions of this sub-section shall be liable to imprison-
ment of either description for a term not exceeding six months
or to a fine not exceeding two hundred rupees, or to both.
13. Any person who, without the permission of the Deputy penalties for
Commissioner, constructs, removes, alters or damages any constructing,
embankment or drain, within the limits of any local area to maintaining,
T i , r . . , TIT etc.. an em-
which this section may from time to time be applied by a bankment or
notification in the official Gazette by the I [Stale] Govern- drain,
ment, shall be punished with imprisonment of either descrip-
tion for a term which may extend to six months, or with a
fine which may extend to two hundred rupees, or with both.
14. (i) The Deputy Commissioner may by notice require
any person, who constructs or alters any embankment or
drain in contravention of the provisions of section 13, to
remove the same within a reasonable time to be specified in
the notice.
(M) If any embankment or drain of which the removal Notice for
has been required by notice under sub-section (i) is not removal of
removed within the time specified in the notice, the Deputy embankment
Commissioner may cause the same to be removed. penalties a for
(Hi) The cost of the removal of any embankment or su ch removal,
drain removed under the provision of sub-section (zz) shall
be recoverable as an arrear of land revenue either from the
person who constructed or altered the embankment or drain
or who caused it to be constructed or altered or jointly and
severally from both such persons as the Deputy Commissioner
may determine.
15. (i) In deciding questions which he is required to do Poor consul-
under the provisions of this Act the Deputy Commissioner tation with
shall first consult the Public Works Department on all ques- yj? rkg Pu ^nd
tions involving technical matters. Public
(ii) Before any capital work is undertaken the Public p a e r * men ts.
Health Department shall be consulted.
16. Every person authorised by an Embankement Officr Crt ^-^S|
i i 11 i i i i i i. son adeemed
Act XLV of to act under section 7 shall be deemed to be a public servant to be pUD lic
1860. within the meaning of the Indian Penal Code. -^ servants.
1 Substituted by ibid.
322 The Assam Embankment and Drainage Act, 1941 [ACT vn OF 1941]
Power to 17, The '[State] Government may subject to the condi-
makc rules. t ' on o f p rev i ous publication make rules generally to carry
out the provisions of this Act and in particular to regulate
the following matters :
(a) the proceedings of any officer who, under any
provisions of this Act, is required or empowered
to take action in any matter ;
(b} the manner in which any order or public notice
issued under the provisions of this Act shall be
published ;
(c) the area in respect of which the Deputy Commis-
sioner shall consult the Railway Administration
and Local Bodies with regard to applications
under section 5 ;
(d) the manner in which apportionment of costs under
this Act shall be made; and
(e) the rates chargeable under the provision of this Act.
Indian Rail- 18. Nothing in this Act shall affect the provisions of the Act JX oi
ways Act, Indian Railways Act, 1890.
1890 (Act IX
of 1890) not
affected.
Substituted by ibid.
THE ASSAM LAND (REQUISITION AND
ACQUISITION) ACT, 1948
Assam Act XXV of 1948
An Act to provide for the requisition and speedy
acquisition of premises and land for certain pur-
poses.
WHEREAS it is expedient to provide for the requisition and Preamble,
speedy acquisition of premises arid land for certain purposes;
It is hereby enacted as follows :
1. (i) This Act may be called the Assam Land (Requisi- short title,
tion and Acquisition) Act, 1948. . extent and
commence-
(2) It shall come into force on such date as the l [State] ment.
Government may, by notification in the official Gazette,
appoint in this behalf, and shall remain in force for 2 [five
years] s|_****].
(3) It shall extend to such areas in Assam as the l [State]
Government may, from time to time, by notification in the
official Gazette direct.
2. In this Act unless there is anything repugnant in the Definitions,
subject or context
(a) "Collector", "land" and "person interested" have
the same meanings as in the Land Acquisition
Act I of Act > l8 94;
1894 * Explanation. Land for the purpose of this Act includes
trees, buildings arid standing crops on it, and
easement.
() "court" means a principal Civil Court of original
jurisdiction, and includes the Court of any
Additional Judge, Subordinate Judge or Munsif
whom the 1 [State] Government may appoint,
by name or by virtue of his office, to perform,
concurrently with any such principal Civil Court,
all or any of the functions of the Court under
this Act within any specified local limits and, in
the case of Munsif, up to the limits of the pecu-
niary jurisdiction with which he is vested under
section 19 of the Bengal, Agra and Assam Civil
Courts Act: 1887; and
Act XII of .
1887. (c) "owner" means proprietor or patta holder and his
co-sharer; and
(d) "prescribed" means prescribed by rules made under
this Act ;
4 [(e?) "displaced person" means
(i) any person, who on account of the setting
up of the two Dominions of India and
1 Substituted by the Adaptation of Laws Order, 1950.
1 Substituted by Act XVI of 1949.
* Omitted by ibid.
* Inserted by Act XIV of 1949.
323
324 The Assam Land (Requisition and Acquisition] Act, 1948 [ACT xa
Pakistan or on account of civil disturbances
or the fear of such disturbances in any area
now forming part of Pakistan has been
compelled to leave his place of residence in
such area after the ist day of March 1947
and who has subsequently been residing in
India and is in distress, or
() a person who has been displaced due to
various acquisition proceedings relating to
land in Assam since 1943".]
Power to re- 3. (i) If in the opinion of the 1 [State] Government or
quisition. any person authorised in this behalf by the l [State] Gov-
ernment it is necessary so to do for maintaining supplies
and services essential to the life of the community or for
providing proper facilities for accommodation, transport, com -
munication, irrigation or drainage 2 [or for providing land
individually or in groups to landless, flood-affected or dis-
placed persons, or to a society registered under the Indir.n Act n of
Co-operative Societies Act, 1912 (with such statutory re- 4 19 , 2
enactment or modification thereof as shall from time to time
be made), or a company incorporated under the Indian
Companies Act, 1913, formed for the benefit and rehabili-
tation of landless, flood-affected or displaced persons, the ,
1 [State] Government or the person so authorised, as the I( f
case may be, may by order in writing, requisition any land
and may make such further orders as appear to it or to him
to be necessary or expedient in connection with the requisi-
tioning.
3 [Provided that no land used for the purpose of religious
worship or for charitable purposes and no building or part
thereof wherein the owner has actually resided for a conti-
nuous period of one year immediately preceding the date of
the order shall be requisitioned under this section.
Explanation. 'Charitable purpose' includes relief of the
poor, education and medical relief and the advancement of
any other object of general public utility.]
(2) An order under sub-section (i) shall be served in the
prescribed manner on the owner of the land and where the
order relates to land in occupation of a tenant also on such
tenant.
(3) When the order for requisition is made by any authority
other than the l [State] Government, any person interested
in the land, within 30 days from the date of issue of the order,
may appeal to the * [State] Government and the decision
of the l [State] Government in such appeal shall be final
4. (i) Where any land has been requisitioned under
section 3, the l [State] Government may use or deal with
it in such manner as may appear to it to be expedient and
may acquire such land by publishing in the official Gazette,
a notice to the effect that the l [State] Government has de-
cided to acquire such land in pursuance of this section.
1 Substituted by the Adaptation of Laws Order, 1950.
a Substituted by ibid.
<j Substituted by Act XX of 1 950.
Acquisition
of land.
OF 1948] The Assam Land (Requisition and Acquisition) Act, 19^8 335
(2) Where a notice as aforesaid is published in the official
Gazette, the requisitioned land and premises shall, on and
from the beginning of the day on which the notice is so
published, vest absolutely in the '[State] Government free
from all encumbrances and the period of requisition of such
land shall end.
5. ( i ) After the publication of a notice under sub-section Notice to
(i) of section 4, the Collector shall cause public notice toP ersons in
be given at convenient places on or near the land to be tcrcste "
taken, stating that the * [State] Government has acquired
the land, and that claims to compensation for all interests
in such land may be made to him.
(2) Such notice shall state the particulars of the land so
acquired, and shall require all persons interested in the
land to appear personally or by agent before the Collector
at a time and place therein mentioned (such time not being
earlier than fifteen days after the date of publication of the
notice), and to state the nature of their respective interests
in the land and the amount and particulars of their claim
to compensation for such interests. The Collector may in
any case require such statement to be made in writing and
signed by the party or his agent.
(3) The Collector shall also serve notice in the manner
prescribed on the occupier (if any) of such land and on all
such persons known or believed to be interested therein, or
to be entitled to act for persons so interested, as reside or
have agents authorised to receive service on their behalf,
within the revenue district in which the land is situate.
(4) In case any person so interested resides elsewhere,
and has no such agent, the notice shall be sent to him by
registered post in a letter addressed to him at his last known
residence, address or place of business.
6. ( i ) Where any land requisitioned under section 3 Release from
is not acquired and is to be released from requisition, it will rec l ulsltlons '
revert to the owner and the Collector will deliver the possession
of the land to such owner or interested person who was
recognised under section 7 (3).
(2) The delivery of possession of such land to the person
specified in the order made under sub-section (i) shall be
a full discharge of any liability of the a [State] Government
to deliver possession to such person as may have rightiui
claim to possession thereof but shall not prejudice any right
in respect of such land which any other person may be
entitled by due process of law to enforce against the person
to whom possession of the land is so delivered.
(3) Where the person to whom the possession of any land
requisitioned under section 3 is to be delivered cannot be
found or is not readily traceable or has no agent or other
person empowered to accept delivery on his behalf, trie
1 [State] Government shall publish in the official Gazette
a notice declaring that such land is released from requisition
and shall cause a copy thereof to be affixed on some conspi-
cuous part of such land.
J Substituted by the Adaptation of Laws Order, 1950.
326 The Assam Land (Requisition and Acquisition) Act, 1948 [ACT xxv
(4) When a notice referred to in sub-section (3) is pub-
lished in the official Gazette, the land specified in such
notice shall cease to be subject to requisition on and from the
date of such publication and shall be deemed to have been
delivered to the person entitled to possession thereof; and
the x [ State] Government shall not be liable for any com-
pensation or other claims in respect of such land for any
period after the said date.
Compensa- 7. (i) 2 [Subject to the provisions of sub-section (lA)]
non * wherever any land is acquired under section 4 there shall
be paid compensation the amount of which shall be deter-
mined by the Collector in the manner and in accordance
with the principles set out in sub-section (i) of section 23 of
the Land Acquisition Act, 1894 : Act I oi
1894.
Provided that the market value referred to in clause first
of sub-section (i) of section 23 of the said Act shall, in respect
of any land acquired under this Act be deemed to be the
market value of such land on the date of publication of the
notice referred to in sub-section (i) of section 4 :
Provided further that if such market value exceeds by any
amount the average of the aggregate market value of the
land for three consecutive years 3 ["immediately preceding
the 3ist day of March 1946"] on the assumption that
the land had been at that date in the state in which it
in fact was on the date of publication of the notice referred
to in sub-section ( i ) of section 4, the amount of such excess
shall not be taken into consideration.
2 [(iA) In the case of land included in any grant or settle-
ment made for special cultivation, if such land is lying fallow
or uncultivated or is not utilized for the purpose for which
the grant or settlement was made or for the purpose inciden-
tal thereto, then the compensation payable for acquisition of
such land together with trees (if any) standing on it shall be
an amount equal to ten times the annual land revenue which,
on the date of publication of the notice referred to in sub-
section (i) of section 4, is or would have been payable if
such land is or had been assessable to revenue at full rates :
Provided that where an amount was originally paid to
Government by the guarantee as price or premium for the
land, an additional amount equal to the amount originally
paid by the guarantee shall also be payable.
Explanation. "Special cultivation" means cultivation which
involves, either owing to the nature of the crop or owing to
the process of cultivation, a much larger expenditure of capi-
tal per acre than is incurred by most of the cultivators in the
State, and includes cultivation of tea.]
x Substituted by the Adaptation of Laws Order, 1950.
1 Inserted by Assam Act 34 of 1950.
Substituted by Act XX of 1950.
OF 1948] The Assam Land (Requisition and Acquisition) Act, 1948 327
(2) When the compensation has been determined under
sub-section (i) i[and sub-section (iA)] the Collector shall
make an award in accordance with the principles set out in
section 11 of the Land Acquisition Act, 1894, and no
amount referred to in sub-section (2) of section 23 of that Act,
shall be included in the award.
(3) Where any land is requisitioned under section 3,
there shall be paid 2 [subject to the provisions of sub-section 4
below] to every person interested such compensation as
may be agreed upon in writing bet \veen such person and
the Collector, in respect of
(a) the requisition of such land, and
(b) any damage done during the period of requisition
to such land other than what may have been sustained
by natural causes.
3["(4) Notwithstanding the provisions of sub-section (2)
of section 8, in the case of land included in any grant or
settlement made for special cultivation or other purposes
which is lying fallow or uncuhtvated and which is requisi-
tioned for the purpose of cultivation, the annual compen-
sation payable under clause (a) of sub-section (3) shall in no
case be more than double the annual land revenue which,
on the date of order of requisition, is or would have been
payable if such land is or had been assessable to revenue
at full rates".]
8. (i) The Collector shall in every case Reference to
(a) where any person aggrieved by an award made
under sub-section (2) of section 7 makes an applica-
tion requiring the matter to be referred to the
Court; or
(1} where there is any disagreement with regard to the
compensation payable under sub-section (3) of
section 7 between the Collector and the person to
whom possession of any land is delivered under
section 6, refer the matter to the decision of the
Court.
Act I of ( 2 ) The provisions of the Land Acquisition Act, 1894,
94- shall mutatis mutandis apply in respect of any reference made
to the Court under sub-section I.
9. The 4 [State] Government may, with a view to re-p ower to
quisitioning any land or for the purpose of determination enter upon
by the Collecter of the amount of compensation payable land etc -
under this Act, by order
(a) require any person to furnish to such authority as
may be specified in the order such information in his
possession relating to the property as may be specified;
(b) direct that the owner or occupier of the land shall ^not
dispose of it or alter it without permission from *the
Government till the expiry of such period as may be
in the orde~ ;
1 Inserted by Assam Act 34 of 1950.
a Inserted by ibid.
' Inserted by ML
4 Substituted by the Adaptation of Laws Order, 1950.
328 The Assam Land (Requisition and Acquisition) Act, 1848 [ACT xxv OF 1948]
(c) authorise any person to perform in respect of any
land all or any of the functions referred to in sub-
section (2) of section 4 of the Land Acquisition Act,
1894.
Act
1894
I of
Penalty.
10. If
un er t is
any person contravenes any order made under
this Act he shall be punishable with imprisonment for a
term which may extend to one year or with fine which may
extend to two thousand rupees or with both.
Protection of n. Save as otherwise expressly provided in this Act, no
action taken d ec i s i on or order made in exercise of any power conferred
under this Act shall be called in question in any Court.
12. (i) No suit, prosecution or other legal proceeding
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 order made thereunder.
(2) Save as otherwise expressly provided in this Act, no
suit or other legal proceeding shall lie against the l [State]
Government for any damage caused or likely to be caused
by anything in good faith done or intended to be done in
pursuance of this Act or any order made thereunder,
The l [State] Government may make rules for carry-
Power to
make rulrs.
purpose Q f this Act
Recovery of
money pay-
Government.
ng Qu
(2) In particular and without prejudice to the generality
of the foregoing powers, such rules may provide for all or
any of the following matters, namely :
(a) the manner of service of orders on the owner or occu-
pier of land referred to in sub-section (2) of section
3.
(b) the manner of service of notice on the persons referred
to in sub-section (3) of section 5,
*["(c) the manner and the conditions and terms on which
land will be settled or disposed of by Government".]
Any mone y payable to Government under this Act
recoverable as arrears of land revenue.]
1 Substituted by the Adaptation f L$rtvs Order, 1950.
8 Substituted by Act XVI of 1949.
Inserted by Act XX of 1950.
THE WEST BENGAL LAND (REQUISITION
AND ACQUISITION) ACT, 1948
West Bengal Act II of 1948
An Act to provide for the requisition and speedy
acquisition of land for certain purposes
WHEREAS it is expedient to - rovide for the requisition and
speedy acquisition of land for the purposes of maintaining
supplies and services essential to the life of the community
and for providing proper facilities for transport, communi-
cation, irrigation or drainage;
It is hereby enacted as follows :
1. (i) This Act may be called the West Bengal Land Short title,
(Requisition and Acquisition) Act, 1918. extent, com-
v l ^ ' ^ T rnencement
(2) It extends to the whole of West Bengal. and dura "
' ' turn.
(3) It shall come into force at once.
(4) It shall remain in force up to the 3ist day of March,
HI 954]-
2. In this Act unless there is anything repugnant in the Definitions
subject or context,
(a) "Collector", "land" and "person interested" have
the same meanings as in the Land Acquisition -
I of 1894. Act, 1894 ;
(b) "Court" means a principal Civil Court of original
jurisdiction, and includes the Court of any Ad-
ditional Judge, Subordinate Judge or Munsif
whom the 2 [Stale] Government may appoint,
by name or by virtue of his office, to perform,
concurrently with any such principal Civil Court,
all or any of the functions of the Court under
this Act within any specified local limits and,
in the case of a Munsif, up to the limits of the
pecuniary jurisdiction with which he is vested
under section 19 of the Bengal, Agra and Assam
XII of 1^87. Civil Courts Act, 1887; and
(c) "prescribed" means prescribed by rules made
under this Act.
3. (i) If in the opinion of the 2 [State] Government or Power to re-
any person authorised in this behalf by the 2 [State] Govern- qumtion.
ment it is necessary so to do for maintaining supplies and
services essential to the life of the community or for providing
proper facilities for transport, communication, irrigation
or drainage, the 2 [State] Government or the person so
authorised, as the case may be, may, by order in writing,
1 Substituted by Act VII of 1951.
* Substituted by the Adaptation of Laws Order, 1950.
329
33 o The West Bengal Land (Requisition and Acquisition] Act, 1948 [ACT n
requisition any land and may make such further orders as
appear to it or to him to be necessary or expedient in connec-
tion with the requisitioning :
Provided that no land used for the purpose of religious
worship shall be requisitioned under this section.
(2) An order under sub-section (i) shall be served in the
prescribed manner on the owner of the land and where the
order relates to land in occupation of a tenant also on such
tenant.
Acquisition 4. (i) Where any land has been requisitioned under
ofland. section 3, the ' [State] Government may use or deal with
it in such manner as may appear to it to be expedient and
may acquire such land by publishing in the official Gazette,
a notice to the effect that the x [State] Government has
decided to acquire such land in pursuance of this section.
(2) Where a notice as aforesaid is published in the offic ial
Gazette the requisitioned land shall, on and from the begin-
ning of the day on which the notice is so published, vest
absolutely in the ! [State] Government free from all encum-
brances and the period of rt qui&ition of such land shall end.
Notice to 5" (0 After the publication of a notice under sub-section
persons inte- (0 f section 4, the Collector shall cause public notice to
rested. be given at convenient places on or near the land to be
taken, stating that the '[State] Government has acquired
the land, and that claims to compensation for all interests
in such land may be made to him.
(2) Such notice shall state the particulars of the land so
acquired, and shall require all persons interested in the
land to appear personally or by agent before the Collector
at a time and place therein mentioned (such time not being
earlier than fifteen days after the date of publication of the
notice), and to state the nature of their respective interests
in the land and the amount and particulars of their claims
to compensation for such interests. The Collector may in
any case require such statement to be made in writing and
signed by the party or his agent.
(3) The Collector shall also serve notice in the manner
prescribed on the occupier (if any) of such land and on all
such persons known or believed to be interested therein, or
to be entitled to act for persons so interested, as reside or
have agents authorised to receive service on their behalf, with-
in the revenue district in which the land is situate.
(4) In case any person so interested resides elsewhere,
and has no such agent, the notice shall be sent to him by
registered post in a letter addressed to him at his last known
residence, address or place of business.
Release from 6. (i) Where any land requisitioned under section 3 is
requisition, not acquired and is to be released from requisition, the
1 [State] Government may, after making such inquiry, if any,
as it considers necessary, specify by order in writing the
person who appears to it to be entitled to the possession of
such land.
1 Substituted by ibid.
OF 1948] The West Bengal Land (Requisition and Acquisition) Act, 1948 331
(2) The delivery of possession of such land to the person
specified in the order made under sub-section (i) shall be a
full discharge of any liability of the ! [State] Government
to deliver possession to such person as may have rightful
claim to possession thereof but shall not prejudice any right
in respect of such land which any other person may be
entitled by due process of law to enforce against the person
to whom possession of the land is so delivered.
(3) Where the person to whom the possession of any land
requisitioned under section 3 is to be delivered cannot be
found or is not readily traceable or has no agent or other
person empowered to accept delivery on his behalf, the
1 [State] Government shall publish in the official Gazette a
notice declaring that such land is released from requisition
and shall cause a copy thereof to be affixed on some cons-
picuous part of such land.
(4) When a notice referred to in sub-section (3) is pub-
lished in the official Gazette, the land specified in such notice
shall cease to be subject to requisition on and from the date
of such publication and shall be deemed to have been delivered
to the person entitled to possession thereof; and the '[State]
Government shall not be liable for any compensation or
other claims in respect of such land for any period after the
said date.
7. (i) Wherever any land is acquired under section 4Compensar
there shall be paid compensation the amount of which shall tio n.
be determined by the Collector in the manner and in accord-
ance with the principles set out in sub-section (i) of section
I of 1894. 23 of the Land Acquisition Act, 2 i8g4 [so far as they may 1
applicable:]
Provided that the market value referred to in clause first
of sub-section (i) of section 23 of the said Act shall, in respect
of any land acquired under this Act, be deemed to be the
market value of such land on the date of publication of the
notice referred to in suo-section (i) of section 4 :
Provided further that if such market value exceeds by
any amount the market value of the land on the 3ist day of
December, 1946, on the assumptipn that the land had been
at that date in the state in which it in fact was on the date
of publication of the notice referred to in sub-section ( i ) of
section 4, the amount of such excess shall not be taken into
consideration.
(2) When the compensation has been determined under
sub-section (i) the Collector shall make an award in accord-
ance with the principles set out in section 1 1 of the Land
Acquisition Act, 1894, anc ^ no amount referred to in sub-
section (2) of section 23 of that Act, shall be included in the
award.
1 Substituted by ibid.
1 Added by Aci VII of 1 95-
The West Bengal Land (Requisition and Acquisition) Act, 1948 [ACT n
(3) Where any land is requisitioned under section 3, there
shall be paid to every person interested such compensation
as may be agreed upon in writing between such person and
the Collector, in respect of
(a) the requisition of such land; and
(b) any damage done during the period of requisition
to such land other than what may have been
sustained by natural causes.
Reference to g. (i) The Collector shall in every case-
Court. v ' 7
(a) where any person aggrieved by an award made
under sub-section (2) of section 7 makes an
application requiring the matter to be referred
to the Court ; or
(b) where there is any disagreement with regard to the
compensation payable under sub-section (3) of
section 7 between the Collector and the person
to whom possession of any land is delivered
under section 6,
refer the matter to the decision of the Court.
(2) The provisions of the Land Acquisition Act, 1894., I of 1894.
shall mutatis mutandis apply in respect of any reference made
to the Court under sub-section (i).
Power to 9. The '[State] Government may, with a view to requisi-
enter upon tioning any land or for the purpose of determination by
land, etc. ^ Q Collector of the amount of compensation payable
under this Act, by order,
(a) require any person to furnish to such authority as
may be specified in the order such information
in his possession relating to the property as may
be specified;
(b) direct that the owner or occupier of the land shall
not dispose of it or alter it till the expiry of such
period as may be specified in the order;
(c) authorise any person to perform in respect of any
land all or any of the functions referred to in sub-
section (2) of section 4 of the Land Acquisition
Act, 1894.
Penalty.
Saving.
10. If any person contravenes any order made under
this Act he shall be punishable with imprisonment for a term
which may extend to one year or with fine which may extend
to two thousand rupees or with both.
n. Save as otherwise expressly provided in this Act, no
decision or order made in exercise of any power conferred
by or under this Act shall be called in question in any Court.
Protection of ** (i) No suit, prosecution or other legal proceeding
action taken shall lie against any person for anything which is in good
under this faj^ d one or intended to be done in pursuance of this Act
or any order made thereunder.
Act.
1 Substituted by the Adaptation of Laws Order, 1950.
OF 1948] The West Bengal Land (Requisition and Acquisition) Act, 1948 333
(2) Save as otherwise expressly provided in this Act, no
suit or other legal proceeding shall lie against the f [State]
Government for any damage caused or likely to be caused
by anything in good faith done or intended to be done in
pursuance of this Act or any order made thereunder.
13. (i) The T [State] Government may make rules forP w ^ to
carrying out the purposes of this Act. rnake rules>
(2) In particular and without prejudice to the generality
of the foregoing powers, such rules may provide for all or
any of the following matters, namely:
(a) the manner of service of orders on the owner or
occupier of land referred to in sub-section (2)
of section 3 ; and
(b) the manner of service of notice on the persons
referred to in sub-section (3) of section 5.
1 Substituted by ibid.
THE DESTRUCTIVE INSECTS AND PESTS
ACT, 1914 (CORRECTED UPTO
iST APRIL, 1951)
Act No. II of 1914
An Act to prevent the introduction into and the trans-
port from one State to another in India of any
insect fungus or other pest which is or may be
destructive to crops.
WHERI-AS it is expedient to make provision for preventing
the introduction into and the transport from one State to
another of any insect, fungus or other pest, which is or may
be dcstiuctivc to crops; It is hereby enacted as follows :
Short title. i. (i) This Act may be called the Destructive Insects and
Pests Act, IQI-J.
(2) It extends to the whole of India except the State of
Jammu and Kashmir.
Definitions. 2. In this Act, unless there is anything repugnant in the
subject or context,
(a) "crops' 5 includes all agricultural or horticultural
crops, and all trees, bushes or plants;
(b) "import" means the bunging or taking by sea, land
or air, across any customs frontier defined by the
Central Government;
(c) "infection' 5 means infection by any insect, fungus
or other pest injurious to a crop; and
(//) "India" means the territory of India excluding the
State of Jammu and Kashmir.
Power of ^ the 3. (j) The Central Government may, by notification in the
ernmcnt to ^' a : ' tte f India, prohibit or regulate, subject to such
regulate 01 restrictions and conditions as the Central Government may
prohibit the impose, the import into India, or any part thereof, or any
import ^specified place therein, of any article or class of articles
to^nfect likely to cause infection to any crop or of insects generally
or any class of insects.
(2) A notification under this section may specify any
article or class of articles or any insect or class of insects
either generally or in any particular manner, whether with
reference to the country of origin, or the route by which
imported or otherwise.
334
The Destructive Insects and Fests Act, 1914 335
4. A notification under section 3 shall operate as if it had Operation of
VIII of 1878. been issued under section 19 of the Sea Customs Act, 1878^*"^
and the officers of Custom at every port shall have the t ion 3.
same powers in respect of any article with regard to the
importation of which such a notification has been issued
as they have for the time being in respect of any article the
importation of which is regulated, restricted or prohibited
by the law relating to Sea Customs, and the law for
the time being in force relating to Sea Customs or any
such article shall apply accordingly.
4A. The Central Government may, by notification in the Power of
official Gazette prohibit, regulate, subject to such conditions as Central Go-
the Central Government rnay impose, the export from a*"""'
State or the transport from one State to another^ State of prohibit
any article or class of articles likely to cause infection to any transport
crop or of insects generally or any class of insects. from Stale to
r o / / .. -
sect^ or Arti-
cles likely to
infect .
46. When a notification has been issued under section 4A Refusal to
then, notwithstanding any other law for the time being carry article
in force, the person responsible for the booking of goods or ^ which
parcels at any railway station or inland steam vessel station, prohibited. **
(a) where the notification prohibits export or trans-
port, shall refuse to receive for carriage at, or to for-
ward or knowingly allow to be earned on, the railway
or inland stearr vessel from that station anything, of
which import or transport is prohibited, consigned to
any place in a State other than the; State in which
such station is situated ; and
(b) where the notification imposes conditions upon
export or transport, shall so refuse, unless the con-
signor produces, or the thing consigned is accompa-
nied by a document or documents of the prescribed
nature showing that those conditions are satisfied.
4C. \\herebyorunderanylawinforce in the State of Application
Jammu and Kashmir the import into that State of any article ^ s ^a t " c i^
likely to cause infection to any crop or of any insect has been exported to
prohibited, the Central Government may, by notification the State of
in the official Gazette, declare that the provisions of section*'? 17111111 . anc *
46 shall apply in respect of any such article or insect consigned Kashmir -
from any place in India to any place in that State:
Provided that tl e said State prohibits the export to India
of any article or insect or class of insects the import of
which into the said State has been prohibited by the
Central Government.
4D. The Central Government may by notification in the Power of
official Gazette, make rule: prescribing the nature of the Central Gov-
documents \vhich shall accompany any article or insect the 61 " 11 ? 16111 . t(>
export of which or transport whereof is subject to conditions ma erues *
imposed under section 4A, or which shall be held by the
consignor or consignee thereof, the authorities which may
issue such documents and the manner in whirh the documents
shall be employed:
The Destructive Insects and Pests Act, 1914 [ACT n OF 1914]
Provided thai the said notification shall be placed as soon
as may be, on the table of both Chambers of the Pai liament.
Power of 5. ( i ) The State Government may make rules for the deten-
Siat? Go- tion, inspection, disinfection or destruction of any insect
Ver kr "les t0 r SS f * nsects or f anv article or class of articles in respect
ma e rues, of which a notification has been issued under section 3 or
under section 4A or of any article which may have been in
contact or proximity thereto, and for regulating the powers
and duties of the officers whom it may appoint in this behalf.
(2) In making any rule under this section the State Govern-
ment may direct that a breach thereof shall be punishable
with fine, ^which may extend to one thousand rupees.
Penal lies. 5A. Any person who knowingly exports any article or insect
from a State or transports any article or insect from one
State to another in contravention of a notification issued
under section 4 A, or attempts so to export or transport
an) article or insect, or exports or attempts to export from any'
part of India to the State of Jammu and Kashmir any article
or insect in respect of which a notification under section 40
has been issued, and any person responsible for the booking
of goods or parcels at a rail\\ay or inland steam vessel station
who knowingly contravenes the provisions of section 46 shall
be punishable with fine which may extend to two hundred
and fifty rupees arid upon anv subsequent conviction, with
fine which may extend to t\\o thousand rupees.
Protection to 6. No suit, prosecution or other legal proceedings shall lie
persons art- against any person for am 'thing in good faith done or intended
A?t " *> be done uncler this
THE MADRAS AGRICULTURAL PESTS
AND DISEASES ACT, 1919'
Madras Act No. Ill of
An Act for the prevention of the spread of Insect
Pests, Plant Diseases and Noxious weeds
WHEREAS it is expedient to take measures to prevent the Preamble.
spread of insect pests, plant diseases and noxious weeds
injurious to health or to crops, plants, trees or water-supply
or obstructive to w r ater-ways within the Presidency of Madras ;
J,t is hereby enacted as follows :
PART I
1. This Act may be called "The Madras Agricultural Short title.
Pests and Diseases Act, 1919".
2. In this Act unless there is anything repugnant in the In ler P rcta -
, . J r lion clause
subject or context,
"Insect pest" means any insect or other invertebrate
animal which has been declared by notification
under section <} of this Act to be an insect pest;
4 'Plant disease" means any fungoid, bacterial, parasitical
or other disease which has been declared by notifica-
tion under section 3 of this Act to be a plant disease;
"Noxious weed" means any weed which has been
><t declared by notification under section 3 of this Act
to be a noxious weed;
""Plant" includes the fruit, leaves, bark, cuttings or any
living portion of a plant but does not include the
seed unless the seed has been especially included in
the definition of plant by the 2 [State Govern-
ment] by notification under this Act;
" Occupier" means the person having for the time being
the right of occupation of any land, premises, or
water or his authorised agent or any person in
actual occupation of the land, premises or water;
and includes a local authority and a railway or other
company having such right of occupation or in such
actual occupation;
"Notified area" means the area covered by a notification
published under section 3;
1 For Statement of Objects and Reasons see Fort St. George Gazette, Part IV, dated aist
May 1918, pp. 381-382. For proceedings in Council see ibid , dated 8th October ic;i8, pp-
756-762. For Report of Select Committee, see ibid., dated igth November 1918, pp. 877-878.
For proceedings in Council, see ibid, dated ijth April 1919, pp. 444-466, and ibid., dated 22nd
April 1919, pp. 602-617.
2 These words were substituted for the words "Provincial Government" by the Adaptation of
Laws Order, 1950.
337
338 The Madras Agricultural Pests and Diseases Act, 1919 [ACT ra
"Director of Agriculture" means an officer appointed
by the '[State Government] to be the Director
of Agriculture and includes every person who for the
time being performs the duties of the office;
"Prescribed" means prescribed by notification or rule
made under this Act.
PART II
ON INSECT PESTS, PLANTS DISEASES AND Noxious
WEEDS
Notification 3 *[(*)] ^ the ' [State Government] ^[consider] that
by the any pest, disease or weed in any local area is dangerous to
i [State p n v- health or is injurious to crops, plants, trees or water-supply
areas 'affected or * s obstructive to water-ways and that it is necessary to
b\ instct take measures to eradicate it or to prevent its introduction
pests, plar.tor re-appearance, 4 [the}] may by notification in the
diseases 01 5[( (l fl lc i a i Gazette)
n ox i o u / x , , , i ,. , .
Creels. (a) declare that such pest, disease or weed is an insect
pest, a plant disease or a noxious w r eed,
(b) prohibit or restrict the removal of any plant from
one place to another or prescribe such other preven-
tive or remedial measures as may be necessary in
respect of such pest, disease or weed, and
(f) define the local area within which and the period
during which such notification shall be in force.
6 [(2) Where the preventive or remedial measures 'prescrib-
ed' in sub-section (i) include the removal or destruction
of any plant in order to eradicate or prevent the
introduction or re-appearance of any insect pest, such
notification shall, prior to the date on which the notification'
shall come into force, be proclaimed in the local area defined
in the notification in such manner as may be prescribed.]
Liability on 4. On the issue of a notification under section 3 every
the occii- occupier within the notified area shall be bound to carry
picrs " out the remedial and preventive measures prescribed in
such notification.
Explanation For the purpose only of this section the ! [State Govern-
ment] shall be deemed to be the occupier in the case of all
lands which are the property 7 [of the Government] within the
meaning of section 2 ( i ) of the Madras Land Encroachment
Act, 1905.
1 Tl^e wordb were substi'uted fir the wnds " Pi ovincial Government*' by che Adaptation of
Lavss Order, 1950.
2 Section 3 was renumbered as sub-section (i) of section 3 by section 2 of the Madras Agricul-
tural Pests and Diseases /Amendment) Act, 1925 (Madras Ac* VII of 1925).
3 This word was substituted for the word ' "considers" by paragraph 5 (2) of the Government
of India (Adaptation of Indian Laws) Order, 10,37.
4 This word was substituted for the woid "he" by ibid.
5 These words were substituted for the words "Fort St. George Gazette'* by paragraph 4(1),.
ibid.
6 Sub-section (2) was added by section 2 of the Madras Agricultural Pests and Diseases-
(Amendment) Act, 1925 (Madras Act VII oi 1925).
7 These words were substituted by the Adaptation of Laws Order, 1950.
OF 1919] The Madras Agricultural Pests and Diseases Act, 1919 339
5. Any officer appointed under section 19 may enter-Right of
on any land or water within the notified area and take such entry,
action as may be necessary in order to ascertain
(a) whether any insect pest, plant disease or noxious
weed is there present; and
(b) whether the prescribed remedial or preventive mea~
sures or both, as the case may require, have been
taken.
i [5A. Where the remedial or preventive measures pres- Procedure
cribed by a notification under section 3 include the removal where mea-
or destruction of any plant in order to eradicate or prevent ^[bed ^to
the introduction or re-appearance of any insect pest, any eradicate
occupier who fails to remove such plant on or before the insect pests
date specified in the notification shall be deemed to have include re '
committed an offence under this Act and the removal or 5^' *u ctlon r
destruction of such plant may be carried out by the inspecting O f plants.
officer or under his supervision.]
6. (i) 2 [If any inspecting officer appointed under section 19 Inspecting
finds that any prescribed remeclinl or preventive measures olhccr may
other than those specified in section 5A have not been scrv e a nollce
properly carried out] he may, subject to such rules as the take^cnle-
3 [State Government] may prescribe under section 2i(^),dial or pie-
call upon the occupier by notice in writing to carry out the v e n t i v e
prescribed remedial or preventive measures within a time to actlon *
be specified in such notice.
(2) The occupier may within seven days of the service
upon him of such notice prefer an appeal to the prescribed
officer who may make such order as he thinks fit. The
decision on such appeal shall be final.
(3) The officer receiving the appeal may extend the
time specified in the notice under sub-section (i).
7- If any occupier upon whom notice has been served Occupier
under section 6 fails to comply with the notice within the failir) S . to
time specified by the inspecting officer, or, in cases where th^^ notice
an appeal has been preferred, by the prescribed officer on served on
appeal, he shall be deemed to have committed an offence him commits
under this Act and the prescribed remedial or preventive an offence -
measures may be carried out by the inspecting officer or
under his supervision.
1 Section 5 A was inserted by section $ of Madras \ct VII of 1925.
8 These words were substituted for the words "If sur h inspecting officer finds that the pres-
cribed remedial or preventive measures have not been properly taken" by section 4, ibid.
3 These words were substituted for the words "Provincial Government" by the Adaptation cf
Law Order, 1950.
340 The Madras Agricultural Pests and Diseases Act, 1919 [ACT
Recovery g. (j) If any prescribed remedial or preventive measures
trrm^the oc- are carr j e d O ut by the inspecting officer ' [under section 5-A
cost 1 of pre- or ?] tne cost f suc h measures shall be recovered from the
ventive or occupier as if it were an arrear of land revenue, but such
remedial occupier may appeal to the Collector within thirty days
neT U out IT from the date of demand on the ground that
the inspect- ( fl ) charges for items other than the cost of labour
ing officer. material or use of implements have been included, or
(b) the charges for labour, material or use of imple-
ments are unduly high.
(2) The order of the Collector on such appeal shall be
final.
Destruction 9. (i) If in carrying out any prescribed remedial or preven-
of trees or t j ve measures under 2 [section 5 A or 7] the inspecting
cutK>n ineX of officer destroys or causes to be destroyed.
remedial or / a \ any tree which is infected with the insect pest or
Plant disease, or
compensation ^ any pi ants , not being trees, some or all of which
ere or ' are affected by the insect pest or plant disease
but which are grown so closely together that it is
not ordinarily practicable to treat each plant
individually, or
(c) any plants including trees which, though not so
infected, have in his opinion become liable to such
infection,
he shall serve a notice in writing on the occupier stating
particulars of the trees and plants destroyed and his estimate
of their value.
(2) When any trees or plants are destroyed as aforesaid
the occupier shall be entitled to compensation as follows :
for a tree destroyed under sub-section l (a] not exceeding
one-half the value thereof;
for plants destroyed under sub-section i (b) not exceeding
two-thirds of the value thereof;
for plants destroyed under sub-section i (c) their full
value :
3 [Provided that no compensation shall be payable for
cotton plants the destruction of which has been prescribed in
order to eradicate or prevent the introduction or re-appear-
ance of any insect pest.]
(3) For the purpose of this section "value" shall mean
the value of the tree or plant at the time of its destruction.
1 The words and figures "under section $A or 7" were substituted for the words and figure
"under section 7" by section 5 of the Madras Agricultural Pests and Diseases (Amendment) An
1925 (Madras Act VII of 1925).
* 'Bhe words and figures "section 5 A or 7" were substituted for the word and figure "section
7" by section 6(i), ibid.
3 The proviso was substituted by scciion 6(ii) of the Madras Agricultural Pests and Disease
(Amendment) Act, 1925 (Madras Act VII of 1925).
OF 1919] The Madras Agricultural Pests and Diseases Act, 1919 341
10. All claims for compensation under section 9 shall be Claims for
made in writing to the valuing officer appointed by the compensation
1 [State Government] within one month from the service JJ^n to a ;be
of the notice mentioned in sub-section (i) of section 9. made.
11. (i) The valuing officer after making -such inquiry and Award of
taking such evidence as he may consider necessary shall c o m p e n -
award compensation not exceeding the rates prescribed in sallon -
section 9 and transmit or cause to be transmitted copies of
his award in writing to the occupier and to the inspecting
officer.
(2) The date within which and the officer before whom
an appeal may be preferred shall be entered in the a\vard.
12. Either the occupier or the inspecting officer may Appeal
within thirty days of the date of receipt of the award prefer against
an appeal against such award to the prescribed officer whose awal 'd.
decision shall be final.
13. Village officers of villages in taluks adjoining a notified Obligation of
area \\ithin whose village limits a pest, disease or weeds Vlllaj?e
similar to the insect pest, plant disease or noxious weed ^ rs to
within the notified area shall appear, shall report the same to pesis, plant
the Collector. diseases or
noxious
weeds.
14. Any one convicted by a magistrate of an offence under Punishment
1 [section f } A or 7] of this Act shall be liable to fine noUr offence
exceeding Rs. 50 or in default to simple imprisonment for a u " der section
period not exceeding ten days. ^ r 7 '
15. If any person contravenes a notification under section Contravening
3(6) of this Act prohibiting the removal of any plant from notification
one place to another he shall be deemed to have committed under s <^ tlf >n
an offence under this Act. Any one convicted by a magis- nff enc ; ^nd
trate of such an offence shall, in addition to confiscation and punishment
destruction of the plant in respect of which the offence was therefor,
committed, be liable tc fine not exceeding Rs. 50, or in
default to simple imprisonment for a period not exceeding
ten days.
PART III
GENERAL
16. Where an occupier destroys any trees or plants in Compensa-
obedience to a notice issued under section 6, he may be tipn to occu-
granted compensation in accordance with such rules as pie [ for , trees
i_ j j *!_ A and plants
may be made under this act. destroyed.
17. Notwithstanding anything in this Act, no compensa- Compensa-
tion shall be payable for any noxious weed destroyed. u n oi p Q a X"
ous weed des-
troyed.
1 These words were substituted for the words "Provincial Government" by the Adaptation of
Laws Order, 1950.
2 The words and figures "sectioi 5A or 7" were substituted for the word and figure "section
7"by section 5 of the Madras Agricultural Pests and Diseases (Amendment) Act, 1925 (Madras
Act VII of 1925).
342 The Madras Agricultural Pests and Diseases Act, 1919 [ACT in OF 1919]
Institution of iS. (i) No suit, prosecution or other legal proceedings
prosecution sna y j- against any officer for anything done under this
or other legal A . j / i_ / j ., ji_
proceedings Act in good faith or for any damage to property caused by
under the any action taken in good faith in carrying out the provisions
Act. of this Act.
(2) No prosecution under this Act shall be commenced
without the previous sanction of the District Collector.
(3) No prosecution under this Act shall be commenced
after six months from the date of the alleged offence.
Appointment 19. The r [State Government] may from time to time
of inspecting appoint inspecting officers for the purpose of carrying out
jeers. t e c J ut j es prescribed in section 5, a [5-A] and 6.
Delegation of 2O. The ! [State Government] may by notification
Pavers, in the 3 f official Gazettr] de-legate all or any of 4 [their |
powers under this Act except those conferred by section 3
and 21 to the Director of Agriculture or any other officer
or to any local authority or the president or chairman of any
local authority.
Power to 21. The '[Slate Government] may by notification
make rules. j n the s [official Gazette] make such rules not inconsistent
with the provisions of this Act as may from time to time
be necessary
(a) includh'g seed within the definition of a plant,
(b) prescribing the methods of publication of descrip-
tions of insect pests, plant diseases and noxious
weeds and of the treatment to be followed,
(r) prescribing the qualifications required of inspecting
officers,
(d) prescribing the problem procedure to be followed
in making an, award under section n and the
methods and conditions of valuation of trees and
plants,
(e) providing for payment of compensation under
section 16 and for all matters connected therewith,
(/) prescribing the officers to whom appeals may be
made, and the procedure to be followed in respect
of such appeals,
(g) prescribing the procedure, notices and method of
service thereof, notifications, registers and other
processes needed for the effectual working of
this Act,
(h) generally to carry out the purposes of this Act.
i These words were substituted for the words "Provincial Government" bv paragraph 4(1) of the
Government of India (Adaptation of Indian Laws) Order, 1937.
a The figure and letter were inserted by section 8 of the Madras Agricultural Pests and
Diseases (Amendment) Act, 1925 (Madras Act VII of 1925).
s These words were substituted for the wjrds "Fort St. George Gazette" by paragraph 4(1) of
the Government of India (Adaptation of Indian Laws) Order, 1937.
This word was substituted for the word "his" by paragraph 5(2), ibid.
THE TRAVANCORE PLANT PESTS
AND PLANT DISEASES REGULATION 1919
Regulation XII of 1919 (1094)
[Passsd b His Highness the Maha Raja of Travancore^ on the
qth August, j 91 9, corresponding with the 24^. Karkatakom,
1094, under section 13 of Regulation V of 1073.]
A Regulation to provide for the prevention, arrest
and eradication of plant pests and plant
diseases in Travancore.
WHEREAS it is expedient to provide for the prevention, Preamble,
arrest and eradication of plant pests and plant diseases in
Travancore; It is hereby enacted as follows :
1. (i) This Regulation may be called "The Travancore Short title,
Plant Pests and Plant Diseases Regulation of 1094". ^ xtcnt and
Gommerice-
(2) It extends to the whole of Travancore, and shall come ment.
into force on the ist Chingom, 1095.
2. In this Regulation, unless there be something repugnant interpma-
in the subject or context, don.
"Plant" means plant, tree, shrub, bud, cutting, graft,
scion, nursery stock and fruit, and includes all members
of the vegetable kingdom whether living or dead or
any part or parts of such, but shall not include canned
or preserved fruits; nor does it include the seed, unless
the same has been specifically included in the definition
of "plant" by our Government by a Notification under
this Regulation ;
"Pest" means such insect or animal organism, plant, fun-
gus, or other vegetable organism as Our Government
may from time to time declare to be pests for the pui-
poses of this Regulation;
"Plant disease" means any other disease which Our Govern-
ment may from time to time declare to be a plant
disease for the purposes of this Regulation ;
"Owner or occupier" means the proprietor, lessee, superin-
tendent or other person in actual charge of any
cultivated or uncultivated land or of any water ;
"Infection" means infection by any pest or plant disease
injurious to a plant ;
"Import" means import by sea into Travancore from
outside British India.
3. Our Government may, from time to time, publish by Notification
Notification in Our Government Gazette, and may revoke, of> pctts and
alter, modify, or add to, Schedules specifying P lant
(a) the insects, plants or fungi, which are declared to
be pests for the purposes of this Regulation;
343
344 The Travancore Plant Pests and Plant Diseases, Regulation, 1919 [REG. xn
(b) the diseases which are declared to be plant diseases
for the purposes of this Regulation; and
(c) the measures which it shall be within the power of
the Director of Agriculture to require to be taken
for the prevention, arrest or eradication of such
pests or plant diseases.
Power of 4. ( i ) Our Government may, by Notification in Our
Government Government Gazette, prohibit, or regulate, subject to such
or prohibit restrictions and conditions as may be imposed, the import
the import of into or the removal from one place to another in Travancore
articles likely of any article or class of articles likely to cause infection to
to cause in- any p]ant
fection to J r
any plant. (2) A Notification under this section may specify any
article or class of articles, either generally or in any parti-
cular manner, whether with reference to the country of
origin, or the route by which imported or otherwise.
Operation of 5. A Notification under section 4 shall operate as if it
Notification had been issued under section 18 of the Sea Customs Regu-
uTider sec- ] at j orij y o f IO Bg ? anc j t h e Officers of Customs at every Port
llon 4 ' shall have the same powers in respec t of any article with
regard to the importation of which such a Notification has
been issued as they have for the time being in respect of any
article the importation of which is regulated, restricted or
prohibited by the law relating to Sea Customs and the law
for the time being in force relating to Sea Customs or any
such article shall apply accordingly.
Right of 6. It shall be lawful for the Director of Agriculture or
entiy. any Officer empowered by our Government in this behalf
or any person authorised in writing by the Director or by
such Officer to enter upon at all reasonable times; any land
or water reputed to be affected by any pest or plant disease
and inspect and examine any plant or plants on such land or
water, and the owner of such land or v\ ater shall afford all
reasonable facilities for such inspection and examination.
Power to 7- On being satisfied of the existence of any pest or plant
require pre- disease, the Director of Agriculture or any Officer duly
ventive or authorised by Our Government in this behalf may require,
re medial ^ means o f a no ti c e served on the owner or occupier of any
in> asures to ' 11- i
be taken. * anc * or water affected by such pest or plant disease, the
carrying out, within such time as he may specify, of such
measures for the eradication, arrest or prevention of the
pest or plant disease in question as may seem to him desirable :
Provided, however, that such measures are in accordance
with the requirement laid down in the Schedule of such
measures in force for the time being as provided in section 3
of this Regulation.
Power of 8. (i) If any owner or occupier on whom notice under
Officer to sec tion 7 has been duly served fails to comply therewith, the
preventive ^r Di rector f Agriculture or any Officer duly authorised by
remedial Our Government in this behalf may enter upon such place
measures on and cause to enter there on such persons with such instru-
failure of ^ enls anc j things as rmn be necessary, and proceed to take
pier todoio" or cailSC to ^ e ta kcn a ^ such measures as may have been
OF 1919] The Travancore Plant Pests and Plant Diseases , Regulations, 1919 345
required under section 7, without being liable for trespass
or any injury to crops, pasture or fishery right in so doing.
The cost of taking such measures shall be borne by the
owner or occupier and shall be recoverable as if they are
arrears of land revenue.
(2) For the purpose of carrying out the measures referred
to in sub-section (i), the Director of Agriculture, or any
person authorised by Our Government in this behalf, may
destroy or cause to be destroyed
(a) any plant which is infected;
(b) any plant which, though not infected, has in his
opinion become liable to infection.
9. If any person on whom a notice has been served under Offences,
the provisions of section 7 wilfully fails or neglects to carry
out the requisition contained in such notice within the time
specified therein, or if he obstructs or impedes or aids in
obstructing or impeding any Officer in the execution of
any duty under this Regulation, he shall be liable to a
fine not exceeding twenty-five rupees and upon a second or
subsequent conviction to a fine not exceeding one hundred
rupees.
10. ( i ) Our Government may make Rules for the purpose Power to
of carrying out the provisions of this Regulation. make Rules.
(2) In particular and without prejudice to the generality
of the foregoing provision, Our Government may make
Rules
(a) for the detention, inspection, disinfection or destruc-
tion of any article or class of articles in respect of
which a Notification has been issued under
section 4;
(b) prescribing the methods by which and the time
within which the prevention, arrest or eradica-
tion of a pest or plant disease shall be completed ;
(c) prescribing the form, the terms and the mode of
service of a notice under section 7 ;
(d) prescribing the circumstances under which the
compensation for the destruction of plants may
be given and the mode of assessing the actual
value of the same.
(3) All Rules made under sub-sections (i) and (2) shall
be published in Our Government Gazette and thereupon
shall have the force of law.
(4) Our Government may, subject to the restriction
mentioned in sub-section (3) alter or vary any Rule made
under this section.
(5) In making any Rule under this section, Our Govern-
ment may direct that a breach thereof shall be punishable
with a fine which may extend to twenty-five rupees.
ii. No suit, prosecution or other legal proceeding shall Protect ion to
lie against any Officer for anything in good faith done or P crso
intended to be done under this Regulation.
Preamble.
THE COORG AGRICULTURAL PESTS
AND DISEASES ACT, 1933
Coorg Act No. II of 1933
An Act to make provision for the prevention of the
spread of insect pests, plant diseases and noxious
weeds.
WHEREAS it is expedient to take measures to prevent the
spread of insect pests, plant diseases and noxious weeds
injurious to health or to crops, plants, trees or water supply
or obstructive to water-ways within the Province of Coorg ;
And whereas the previous sanction of the Governor-General
has been obtained under sub-section (3) of section Bo A of
the Government of India Act, to the passing of this Act;
It is hereby enacted as follows :
Short title.
Interpreta-
tion clause.
PART I
PRELIMINARY
1. This Act may be called "The Ccorg Agricultural Pests
and Diseases Act, 1933".
2. In this Act unless there is anything repugnant in the
subject or context,
"Insect pest" means any insect or other invertebrate animal
which has been declared by notification under sub-section
(i) of section 3 of this Act to be an insect pest ;
"Plant disease" means any fungoid, bacterial, parasitical
or other disease which has been declared by notifica-
tion under sub-section (i) of sections of this Act to be
a plant disease ;
"Noxious weed" means any weed which has been declared
by notification under sub-section (i) of section 3 of
this Act to be a noxious weed;
"Plant" includes the fruit, leaves, bark, cuttings or any
living portion of a plant but does not include the seed
unless the seed has been especially included in the defi-
nition of plant by the Chief Commissioner of Coorg
by notification under this Act ;
"Occupier" means the person having for the time being
the right of occupation of any land, premises or water
or his authorized agent or any person in actual occu-
pation of the land, premises or water; and includes a
local authority and a railway or other company having
such right of occupation or in such actual occu-
pation ;
346
The Coorg Agricultural Pests and Diseases Act, 1933 347
"Notified Area" means the area covered by a notification
published under sub-section (i) of section 3;
"Prescribed" means prescribed by notification or rules
made under this Act.
PART II
OF INSECT PESTS, PLANT DISEASES AND NOXIOUS WEEDS.
3. (i) If the Chief Commissioner of Coorg considers that Notification
any pest, disease or weed in any local area is dangerous to ^ the C hie
health or is injurious to crops, plants, trees or water supply e^'of^area
or is obstructive to waterways and that it is necessary to affected by
take measures to eradicate it or to prevent its introduction insect pests,
or reappearance, he may by notification in the "Coorg P lant discases
r^~-n.+f 977 & or noxious
Gazette wceds
(a) declare that such pest, disease or weed is an insect
pest, a plant disease or a noxious weed,
(b) prohibit or restrict the removal of any plant from
one place to another or prescribe such other pre-
ventive or remedial measures as may be necessary
in respect of such pest, disease or weed, and
(c) define the local area within which and the period
during which such notification shall be in force.
(2) Where the preventive or remedial measures pres-
cribed in sub-section ( i ) include the removal or destruction
of any plant in order to eradicate or prevent the introduction
or reappearance of any insect pest, such notification shall,
prior to the date on which the notification shall come into
force, be proclaimed in the local area defined in the notifica-
tion in such manner as may be prescribed.
4. On the issue of a notification under section 3 every Liability on
occupier within the notified area shall be bound to carry out the occupiers,
the remedial and preventive measures prescribed in such
notification.
5. Any officer appointed under section 20 may enter on Right of
any land or water within the notified area and take such entry,
action as may be necessary in order to ascertain
(a) whether any insect pest, plant disease or noxious weed
is there present; and
(b) whether the prescribed remedial or preventive mea-
sures or both, as the case may require, have been
taken.
6. Where the remedial or preventive measures prescribed Procedure
by a notification under section 3 include the removal or w h e r e
destruction of any plant in order to eradicate or prevent the measures
Introduction or reappearance of any insect pest, any occupier to^dioite
who fails to remove such plant on or before the date specified insect pesti
in the notification shall be deemed to have committed an inclu de
offence under this Act and the removal or destruction of m ^. or
such plant may be carried out by the inspecting officer or
under his supervision.
348 The Coorg Agricultural Pests and Diseases Act, 1933 [ACT 11
Inspecting 7. (i) If any inspecting officer appointed under section 20
officer may g n jj s t j iat any p rescr ibed remedial or preventive measures
serve a notice i , \ .,, , . /~ i ^ i i
on occupier otner than those specified in section 6 have not been properly
to take reme- carried out, he may, subject to such rules as the Chief Corn-
dial or pre- missioner of Coorg may prescribe under section 22 (g)
tion tlVC a ~ ca ^ u P on tfie occupier by notice in writing to carry out the
prescribed remedial or preventive measures within a time
to be specified in such notice.
(2) The occupier may within thirty days of the service
upon him of such notice prefer an appeal to the prescribed
officer who may make such order as he thinks fit. The
decision on such appeal shall be final.
(3) The officer receiving the appeal may extend the time
specified in the notice under sub-section (i).
Occupier 8. If any occupier upon whom notice has been served
failing to under section 7 fails to comply with the notice within
comply with t j ie t j S p ec ifi ec [ b y t h e inspecting officer or, in cases where
the notice . r , . r j t i -i j re
served on an appeal has been preferred, by the prescribed olhcer on
him commits appeal, he shall be deemed to have committed an offence
an offence, under this Act and the prescribed remedial or preventive
measures may be carried out by the inspecting officer or
under his supervision.
%
Recovery 9- (0 If an y prescribed remedial or preventive measures
from the are carried out by the inspecting officer under section 6 or
occupier of g t h e cost of such measures shall be recoverable from the
1 revendve or occu pi er as ^ ^ were an arrear of land revenue, but such
remedial occupier may appeal to the Commissioner of Coorg within
measures thirty days from the date of demand on the ground that,
carried out
by the ins- (a) charges for items other than cost of labour, material
p e c t i n g or use o f implements have been included, or
officer. r '
(b) the charges for labour, material or use of implements
are unduly high.
(2) The order of the Commissioner of Coorg on such
appeal shall be final.
Destruction *o. (i) If in carrying out any prescribed remedial or
of trees or preventive measures under section 6 or 8 the inspecting
plants in o ffi cer destroys or causes to be destroyed
execution of J J
remedial or ^ an y tree w hi c h i s infected with the insect pest or
preventive i ^ i
measures and P lant disease, or
plants, not being trees, some or all of which are
for. affected by the insect pest or plant disease but
which are grown so closely together that it is not
ordinarily practicable to treat each plant individual-
ly, or
(c) any plants including trees which, though not so
infected, have in his opinion become liable to such
infection, he shall serve a notice in writing on the
occupier stating particulars of the trees and plants
destroyed and his estimate of their value;
OF '9333 ^"^ Coorg Agricultural Pests and Diseases Act> 1933 349
(2) when any trees or plants are destroyed as aforesaid,
the occupier shall be entitled to compensation as follows :
for a tree destroyed under sub-section (i) (a) not exceed-
ing one-half the value thereof;
for plants destroyed under sub-section (i) (b) : not ex-
ceeding two-thirds of the value thereof;
for plants destroyed under sub-section (i) (c) their full
value :
Provided that no compensation shall be payable for coffee
plants, the destruction of which has been prescribed in order
to eradicate or prevent the introduction or reappearance
of the coffee borer pest (Xylotrechus Quadripes).
(3) For the purposes of this section Value' shall mean the
value of the tree or plant at the time of its destruction.
n. All claims for compensation under section 10 shall be Claims for
made in writing to the valuing officer appointed by the compensation
Chief Commissioner of Coorg within one month from the n lo a ^J
service of the notice mentioned in sub-section (i) of section 10, ma{ j et
12. (i) The valuing officer after making such inquiry and Award of
taking such evidence as he may consider necessary shall cpmpensa
1 J- 1_ 'U J tl0n '
award compensation not exceeding the rates prescribed in
section 10 and transmit or cause to be transmitted copies of
his award in writing to the occupier and to the inspecting
officer.
(2) The date within which and the officer before whom
an appeal may be preferred shall be entered in the award.
13. Either the occupier or the inspecting officer may A p p c al
within thirty days of the date of receipt of the award prefer a g a i n s t
an appeal against such award to the prescribed officer whose awar< 3.
decision shall be final.
14. Village officers of villages in taluks adjoining a notified Obligation
area within whose village limits a pest, disease or weed * village
similar to the insect pest, plant disease or noxious weed ^ orison i l
within the notified area shall appear, shall report the same scc t pests,
to the Commissioner of Coorg. plant diseases
or noxious
weeds.
15. Any one convicted by a Magistrate of an offence Punishment
under section 6 or 8 of this Act shall be liable to fine not * r offence
exceeding Rs. 10, or in default to simple imprisonment |?|er section
for a period not exceeding two days.
16. If any person contravenes a notification under sub- Contravening
section (i) (b) of section 3 of this Act prohibiting or restricting notification
the removal of any plant from one place to another he shall u ^ r / S w!^
be deemed to have committed an offence under this Act. O f action 3
Any one convicted by a magistrate of such an offence shall, to be an
in addition to confiscation and destruction of the plant in offence, and
respect of which the offence was committed, be liable to fine Punishment
r TTk i r i i . tnereior.
not exceeding Ks. 10 or in delault to simple imprisonment
for a period not exceeding two days.
350 The Coorg Agricultural Pests and Diseases Act, 1933 [ACT n OF 1933]
PART III
GENERAL
Compensa- 17. Where an occupier destroys any trees or plants in
tion to occu- obedience to a notice issued under section 7, he may be
pi !f i trecs granted compensation in accordance with such rules as may
and plants P , \ ,. A A
destroyed. be made under thls Act -
Compensa- x g. Notwithstanding anything in this Act, no compensa-
1** f o V r tion shall be payable for any noxious weed destroyed.
noxious weed
destroyed.
Institution of 19. (i) No suit, prosecution or other legal proceedings
prosecutions sna ii ^ e a g a j ns t any officer for anything done under this
legal procee^ Act * n ? oocl fait ^ or * r an 7 damage to property caused by
dings under any action taken in good faith in carrying out the provisions
the Act. of this Act.
(2) No prosecution under this Act shall be commenced
without the- previous sanction of the Commissioner of Coorg.
(3) No prosecution under this Act shall be commenced
af er s,ix months from the date of the alleged offence.
Appointment 20. The Chief Commissioner of Coorg may from time to
officer PCCting ^ me a PP* nt inspecting officers for the purpose of carrying
out the duties prescribed in sections 5, 6 and 7.
Delegation of 21. The Chief Commissioner of Coorg may by notification
powers. in the " Coorg Gazette" delegate all or any of his powers
under this Act except those conferred by sections 3 and 22
to the Commissioner of Coorg.
Power to 22. The Chief Commissioner of Coorg may by notification
make rules, in the "Coorg Gazette" make such rules not inconsistent
with the provisions of this Act as may from t^me to time be
necessary
(a) including seed within the definition of a plant,
(b) prescribing the methods of publication of descrip-
tions of insect pests, plant diseases and noxious
weeds and of the treatment to be followed,
(c) prescribing the qualifications required of inspection
officers,
(d) prescribing the procedure to be followed in making
an award under section 12 and the methods and
conditions of valuation of trees and plants,
(e) providing for payment of compensation under
section 17 and for all matters connected therewith,
(/) prescribing the officers to whom appeals may be
made and the procedure to be followed in respect
of such appeals,
(g) prescribing the procedure, notices and method of
service thereof, notifications, registers and other
processes needed for the effectual working of this
Act, and
(h) generally to carry out the purposes of this Act.
THE PATIALA DESTRUCTIVE INSECTS
AND PESTS ACT, 1943(2001)
Act No. VII of 1943 (2001)
An Act to prevent the introduction into and the
transportation from one place to Another in Patiala
State of any insect, fungus or other pest, which is
or may be destructive to crops*
WHEREAS it is expedient to make provision for preventing
the introduction into Patiala State or transportation from
one place to another in Patiala State, of any insect fungus
or other pest, which is or may be destructive to crops;
It is hereby enacted as follows :
z. This Act may be called the Patiala Destructive Insects Short title,
and Pests Act, 2001.
2. In this Act, unless there is anything repugnant in the Definitions.
c ubject or context,
(a) * 'crops" includes all agricultural or hoiticultural
crops and all trees, bushes and plants; and
(b) "infection" means infection by any insect, fungus
or other pest injurious to a crop.
2. (i) The Ijlas-i-Khas may, by notification in the Patiala Power of
Government Gazette, piohibit or regulate, subject to such Ijlas-i-Khas
restrictions and conditions as it may impose, the import !ohfbif ^the
into Patiala State or any part thereof, or any specified place import of
therein, of any article or class of articles likely to cause articles likely
infection to any crop or of insects generally or of any class to i n f ect -
of insects.
(2) A notification under this section may specify an
article or class of articles, or any insects or class of insects
either generally or in any particular manner, whether with
reference to the country of origin, or the route by which
imported or otherwise.
4. The Ijlas-i-Khas may, by notification in the Patiala Power of
Government Gazette, prohibit or regulate, subject to such Ijlas-i-Khas
conditions as the Ijlas-i-Khas may impose, the transport 10 reg u*u* C
Irom one place to another in Patiala State of any article or transport * of
class of articles likely to cause infection to any crop or of insects or
insects generally or any class of insects. articles likely
lo infect.
5. When a notification has been issued under section 4, Refusal to
then notwithstanding any other law for the time being in carry article
force, the person responsible for the booking of goods or * which
parcels at any railway station ^ proWbitcd. **
(a) where the notification prohibits transport, shall
refuse to receive for carriage at, or to forward or
knowingly allow to be carried on, the railway
352
The Patiala Destructive Insects and Pests Act, 1943
[ACT VH
from that station anything of which transport
is prohibited, consigned to any place to which
transport is prohibited by the notification; and
(b) where the notification imposes conditions upon
transport, shaL so refuse, unless the consignor pro-
duces, or the thing consigned is accompanied by,
a document or documents of the prescribed
nature showing that those conditions are satisfied.
Application 6. Where, by or under any law in forms in the territoiies
of section 5 o f British India or of any Indian State, the import to British
exported** to I nc ^ a or ^at S tat:e f an Y article likely to cause infection to
British India an Y crop or of any insect has been prohibited, the Ijlas-i-Khas
or Indian may, by notification in the Patiala Government Gazette,
prohibit or regulate subject to such conditions as the Ijlas-i-
Khas may impose, the export of any such article or insect
from Patiala State to British India or to that State, and
further declare that the provisions of section 5 shall apply
in icspect of any such article or insect consigned from any
place in Patiala State to any place in British India or that
State :
Provided that the Government of India or of such Indian
State prohibits the export to Patiala State of any article 01
insects or class of insects, the import of which into British
India or that State has been prohibited by the Ijlas-i-Khas.
States.
Power of
Ijlas-i-Khas
to make
rules.
Power of
Ijlas-i-Khas
to make
rules.
7. The Ijlas-i-Khas may by notification in the Patiala
Government Gazette, make rules prescribing the nature of
the documents which shall accompany any article or insect
the transport whereof is subject to conditions imposed under
section 5, or which shall be held by the consignor or consignee
thereof, the authorities which may issue such documents and
the manner in which the documents shall be employed.
8. (i) The Ijlas-i-Khas may make rules for the detention,
inspection, disinfection or destruction of any insect or class
of insects, or of any article or class of articles in respect o~
which a notification has been issued under section 3 or under
section 4 or under section 6 or of any article which may
have been in contact or proximity theieto and for regulating
the powers and duties of the officers whom it may appoint
in this behalf.
(2) In making any rule under this section the Ijlas-i-Khas
may direct that a breach thereof shall be punishable with
fine, which may extend to one thousand rupees.
Penalties. 9. Any person who knowingly imports into Patiala State
any article or insect 01 transports any article or insect from
one place to^another in Patiala State in contravention ol a
notification issued under section 3 or section 4 or attempts
so to import or transport any article or insect, or exports
or attempts to export from Patiala State to British India
or to an Indian State any article or insect in respect of which
a notification under section 6 has been issued, and any
person responsible for the booking of goods or parcels at a
OF 1943] The Patiala Destructive Insects and Pests Act, 1943 353
railway station who knowingly contravenes the provisions
of section 5 shall be punishable with fine which may extend
to two hundred and fifty rupees and, upon any subsequent
conviction, with fine which may extend to two thousand
rupees and the article or insect in connection with which
the offence is committed shall be confiscated and destroyed.
10. Notwithstanding anything to the contrary contained Procedure,
in the Code of Criminal Procedure, 1898, in force in the
State mutatis mutandis, offences under this Act shall be
cognizable and bailable, and shall be triable in a summary
way by a Magistrate not below the rank of a Magistrate of
the First Class.
n. Every person aware of the wrongful entry of any Public to
article of insect in icspect of which a notification is issued R ive i
under section 3 shall, in the absence of reasonable excuse the ^
burden of proving which 'shall be upon the person so aware,
forthwith make a report of such wrongful entry to the nearest
Magistrate or to the officer in charge of the nearest police
station.
12. No suit, prosecution or other legal proceeding shall Protection to
lie against any person for anything in good faith done or P 61 " 80118 *
intended to be done under this Act,
THE BOMBAY AGRICULTURAL PESTS &
DISEASES ACT, 1947
Bombay Act No. XLIII of 1947
An Act to repeal and re-enact the Bombay Agricul-
tural Pests and Diseases Act, 1941* providing for
the prevention of the introduction, spread or re-
appearance of insect pests, plant diseases and noxi-
ous weeds injurious to crops, plants or trees in the
Province of Bombay.
WHEREAS in view of the provisions of sub-section (4) ofaGGeo.
section 93 of the Government of India Act, 1935, it is expe- 5 Ch - 2 -
dient to repeal and re-enact the Bombay Agricultural Pests
and Diseases Act, 1941, providing For the prevention of the
introduction, spread or reappearance of insect pests, plant
diseases and noxious weeds injurious to crops, plants or
trees in the Province of Bombay; It is hereby enacted as
follows :
Short title i. (i) This Act may be called the Bombay Agricultural
and extent. Pests and Diseases Act, 1947.
(2) It extends to the whole of the l [State] of Bombay.
Definitions. 2 . In this Act unless there is anything repugnant in the
subject or context,
(1) "Assessor" mean* an assessor appointed under
section 14;
(2) "Insect pest" means any pest declared to be an
iiisect pest by notification under section 3;
(3) "Inspector" means an inspector appointed under
section 14;
(4) "Notified Area" means any area specified in the
notification issued under section 3 in which a
declaration made under the said section shall
remain in force;
(^5) "Noxious weed" means any weed declared to be
a noxious weed by notification under section 3;
(6) "Occupier" means the person having for the time
_ being the right of occupation of any land or
premises, or his authorised agent or any person
in actual occupation of the land or premises;
(7) "Pest" means any insect or other invertebrate
animal;
(8) "Plant" includes the fruit, leaves, bark, cutting
and any living portion of a plant but does not
include the seed :
1 Substituted by the Adaptation of Laws Order, 1950.
354
The Bombay Agricultural fests and Diseases Act, 1947 355
Provided that the J [State] Government may by notifi-
cation in the official Gazette direct that the seed of
any particular plant shall be included in the de-
finition of plant;
(9) "Plant disease" means any fungoid, bacterial, parasi-
tical or other disease declared to be a plant
disease by notification under section 3;
(10) " Prescribed" means prescribed by rules made
under section 1 7.
3. Whenever it appears lo the J [State] Government that Power to
any pest, disease or weed is injurious to crops, plants or declare in-
trees in any local area and that it is necessary to take 9C jct P csts >
measures to eradicate such pest, disease or weed, or to prevent jj^jj 11 noxious
its introduction, spread or reappearance, the [State] weed* and
Government may, by notification in the official Gazette direct measu-
..... . .. . . . res to eradi-
(i) declare that such pest, disease or weed is an insect ca te or pre-
pest, plant disease or noxious weed; vent them.
(it) specify the local area within which and the period
during which such declaration shall remain in
force ;
(Hi] prohibit or restrict the removal of any plant or
tree from one place to another; and
(it 1 ) direct the carrying out of such preventive or reme-
dial measures including the destruction of any
pest, disease or noxious weed or any crops,
plants or trees, as the T [State] Government
may deem necessary, in order to eradicate such
pest, disease or weed or to prevent its introduc-
tion, spre ad or reappearance.
4. On the issue of a notification under section 3, every rj ut ies cf* oc-
occupier within the notified area shall carry out the preven- cupier on the
tive or remedial measures mentioned in such notification. issue cf a noti-
fication un-
der section 3.
5. Any Inspector may, after giving the prescribed notice, Power of
enter upon any land or premises situated in a notified area Inspector to
for the purposes of ascertaining enter upon
any land or
(i) whether there is any insect pest, plant disease or premises,
noxious weed r on such land or premises ; and
(it) whether the preventive or remedial measures men-
tioned in the notification issued under section 3
have been carried out.
6. (i) If, on inspection of any land or premises under Notice to
section 5, the Inspector finds that there is any insect pest, occupier to
plant disease or noxious weed on such land or premises or ^^m" *
that the preventive or remedial measures mentioned in the remedial
notification issued under section 3 have not been carried measures,
out, the Inspector may, subject to the general or special
order of the ' [State] Government, call upon the occupier
of such land or premises, by notice in writing, to carry out
such preventive or remedial measures within the time speci-
fied in such notice.
1 Substituted by ibid.
The Bombay Agricultural Pests and Diseases Act, 193.7 [ ACT XLHl
(2) Within seven days from the date of the service upon
him of the notice under sub-section (i), the occupier may
prefer an appeal to the Collector or such other officer as the
Collector may appoint in this behalf.
(3) On receipt of the appeal under sub-section (2) the
Collector or other officer, as the case may be, may extend
the time specified in the notice under sub-section (i) and
shall, after giving the occupier an opportunity of being heard,
pass such order on the appeal as he thinks fit.
(4) Every order passed under sub-section (3) shall be final.
Failure to 7. (i) If an occupier upon whom a notice has been served
noticed under unc ^ er sub-section (i) of section 6 does not comply with such
section 6 and notice within the time specified therein, or if an appeal has
power of been preferred under sub-section (2) of section 6, does not
Inspector to comply with the order passed on such appeal, the Inspector
ut m ay carry out the preventive or remedial measures mentioned
. ... .
in such notice or order.
(2) The costs of any preventive or remedial measures
carried out under sub-section (i) shall be payable by the
occupier and shall be recoverable from him as an arrear of
land revenue.
(3) Any such occupier may, within thirty days from the
date of the first demand of such costs from him, prefer an
appeal to the Collector or to such other officer as the Collector
may appoint in this behalf on the ground that
(i) the costs include charges for items other than the
cost of labour, material or use of implements, or
(it) the charges for labour or material or use of imple-
ments are unreasonably high.
(4) On receipt of the appeal under sub-section (3), the
Collector or other officer, as the case may be, shall, after
giving the occupier an opportunity of being heard, pass
such order thereon as he thinks fit.
(5) Every order passed under sub-section (4) shall be final.
g. (i) If, in carrying out any preventive or remedial
ti uction d of" measures un der sub-section ( i ) of section 7 the Inspector
trees or destroys or causes to be destroyed
1 (a) any tree which is infectq4 with an insect pest or a
plant disease, or
(b) any plants some or all of which aie infected with
insect pest or plant disease and which are grown
so closely together that it is not practicable to
treat each plant individually, or
(c) any plants or trees, which though not infected at the
time with an insect pest or a plant disease, are,
in the opinion of the Inspector, liable to such
infection,
the Inspector shall give notice to the occupier of the land or
premises on which such trees or plants were grown stating
particulars of the trees or plants destroyed and his estimate
of their value.
OF ! 947] The Bombay Agricultural Pests and Diseases Act, 1947 357
(2) When any tree or plant is destroyed under sub-
section ( i ), the occupier shall be entitled to compensation
determined in the manner provided in section n.
9. If an occupier in carrying out any preventive or remedial Compensa-
measures, directed to be carried out by the notification tio n for tree
issued under section 3 or the notice given under sub- or P l * nts <*-
section (i) of section 6, destroys any tree or plant in accor- occupier. Y
dance with such direction, he shall be entitled to such com-
pensation as he would have been entitled to under section
8 if such tree or plant had been destroyed by the Inspector
10. Every claim for compensation shall be made in writing Procedure for
to the Assessor within one month from the date of claims f o i
(?) the notice given under sub-section (i) of section 8, tionf^
if the claim is made under the said section, or
(n) the destruction of the tree or plant, as the case may
be, if the claim is made under section 9.
11. (i) On receipt of any claim under section 10, the Award of As-
Assessor shall, subject to the provisions of sub-section (2) sessor 5 A P-
and after making an enquiry in the presrdibed manner and pra '
taking such evidence as he thinks fit, iix the amount of com-
pensation due to the oc cupicr under the provisions of this
Act and make an award for such amount.
(2) The amount of compensation shall
(a) for every destroyed tree of the kind referred to in
clause (a) OL sub-section (i) of section 8, not
exceed one-half of the value of the said tree ;
(b) for every destroyed plant of the kind referred to in
clause (b) of sub-section (i) of section 8, not
exceed the three-fifths of its value ; and
(c) for every destroyed plant or tree of the kind referred
to in clause (c) of sub-section ( i ) of section 8, be
its full value :
Provided that no compensation shall be payable for
(i) any noxious weed destroyed ;
(ti) any cotton plant destroyed in order to eradicate
or prevent the introduction or leappcarance of
any insect pest or plant disease ;
(in} the destruction of trees and plants infected with
any insect pest or plant disease which in the
opinion of the Inspector contracted infection
due to the negligence of the occupier in carry-
ing out the preventive or remedial measures
mentioned in the notification issued under
section 3.
Kxplanation. For the purposes of this section, value means
the value of a tree or plant at the time of its destruction.
(3) If any amount is due from the occupier on account of
costs incurred in carrying out the preventive or remedial
measures under sub-section (i) of section 7, the whole or
part of the amount of compensation awarded to him, as may
be necessary, sluill be set off against the amount of costs due
from him.
The Bombay Agricultural Pests and Diseases Act* 1947 [ACT XLIII
(4) A copy of every award made by an Assessor shall be
sent to the occupier to whom such compensation has been
awaided and to the Inspector of the notified area concerned.
(5) The occupier or the Inspector, as the case may be,
may within 30 days from the date of receipt of a copy of the
award under sub-section (4), prefer an appeal to the Collector
against the award.
(6) On receipt of the appeal under sub-section (5), the
Collector shall, after giving the occupier and the Inspector
an opportunity of being heard, pass such order thereon as
he thinks fit.
(7) Every order passed under sub-section (6) shall be
final.
Duty . .J?*" 12. (i) If any insect pest, plant disease or noxious weed
age all officers a PP ears i n an Y village adjoining a notified area, the village
to report officers of such village shall forthwith report the fact to the
appearance Collector or such other officer as the l [State] Government
of insect pest, may appo j nt j n this behalf,
plan I disease ' J r
or noxious ( 2 ) i^e Collector or such other officer, as the case may
vvrt " be, shall on receipt of such report and after making such
further inquiry as he may deern necessary forward it to the
'[State] Government with his remarks thereon.
Penalty. 13. (i) Whoever removes any plant or tree in contraven-
tion of the directions contained in a notification issued under
section 3 shall, on conviction, be punishable with fine
which may extend to Rs. 25.
(2) Any occupier who fails to comply with a notice given
under sub-section ( i ) of section 6 or with any order passed
on appeal under sub-section (3) of section 6 shall, on convic-
tion, be punishable with fine which may extend to Rs. 25.
(3) Whoever commits a breach of the provisions of any
rule made under section 17 shall, on conviction, be punish-
able with fine which may extend to Rs. 25.
(4) Whenever any person is convicted under this Act,
the Court may, in addition to the penalty imposed under
this Act, order the destruction of any plant or tree of the
kind referred in clause (0), (b) or (c) of sub-section (i) of
section 8.
Appointment 14. The '[State] Government may, by notification in
of Inspectors the official Gazette, appoint persons as Inspectors and Assessors
and Assessors. f of such loca j areas as ma y ^ e specified in the notification.
Bar of suit or 15. (i) No suit, prosecution or legal proceedings shall
other legal lie against any person in respect of anything in good faith
proceedings. donc Qr i nten ded to be done under this Act.
(2) No prosecution under this Act shall be commenced
without the previous sanction of the Collector, nor after
six months from the date of the commission of the alleged
offence.
i Substituted by ibid.
OF 1947] The Bombay Agricultural Pests and Diseases Act, 1947 359
16. The powers conferred on the 1 [State] Government Delegation
under this Act may, with the exception of the powers under ^ P owers *
sections 3 and 1 7, be delegated by the ' [State] Government
to any officer.
17. (i) The x [State] Government may make rules for the Rules,
purpose of carrying into effect the provisions of this Act.
(2) In particular and without prejudice to the generality
of the foregoing provision, such rules may be made for all
or any of the following purposes, namely :
(i) the manner of giving notice under section 5;
(ii) the manner of making of an enquiry under sub-
section (i) of section n; and
(Hi) the mode of determining the value of trees and
plants for the purposes of this Act.
(3) The rules made under this section shall, subject to the
condition of previous publication, be published in the official
Gazette.
18. The Bombay Agricultural Pests and Diseases Act, Repeal ^ of
Bom. XIVofjQA! i s hereby repealed. B m - XIV
1941. ^ } L 011941.
I Substituted by ibid.
Preamble.
THE REWA AGRICULTURAL PESTS &
DISEASES ACT, 1947
An Act for the prevention of the spread of insec
pests, plant diseases and noxious weeds
WHEREAS it is expedient to take measurers to prevent the
spread of insect pests, plant diseases and noxious weeds
injurious to health or the crops, plants, trees or water supply
or obstructive to waterways within the Rewa State; it is
hereby enacted as follows :
PART I
PRELIMINARY
Short title ,. This Act may be called the Rewa State Agricultural
extent and p ests anc } i)i seases Act, 1947. It shall extend to the whole of
m<nnt nenCC ~ the State and shall come into force from ist April 1948.
Jmerprcta- 2, In this Act unless there is anything repugnant in the
tj on Clause, subject or context,
"Insect pest" means any insect or other invertebrate
animal which has been declared by notification
under section 3 of this Act to be an insect pest;
"Plant disease" means any fungoid, bacterial, parasi-
tical or other disease which has been declared by
notification under section 3 of this Act to be a plant
disease ;
"Noxious weed" means any weed which has been
declared by notification under section 3 of this Act
to be a noxious weed ;
"Plant" includes the fruit, leaves, bark, cuttings or any
living portion of a plant but does not include the
seed unless the seed has been especially included
in the definition of plant by the Director of Agri-
culture by notification under this Act;
"Occupier" means the person having for the time being
the right of occupation of any land, premises or
water or his authorised agent or any person in actual
occupation of the land, premises or water ; and
includes a local authority and other company having
such right of occupation or in such actual occupa-
tion;
"Notified area" means the area covered by a notification
published under section 3
"Director of Agriculture" means an officer appointed
by the Durbar to be the Director of Agriculture and
includes every person who for the time being
performs the duty of the office ;
"Prescribed" means prescribed by notification or rule
made under this Act.
360 .. .
The Rewa Agricultural Pests and Diseases Act, 1947 361
PART II
INSECT PESTS, PLANT DISEASES AND Noxious WEEDS
3. (i) If the Director of Agriculture considers that any Notification
pest, disease or weed in any local area is dangerous to health bv the Direc-
or is injurious to crops, plants, trees or water supply or is culture of
obstructive to waterways and that it is necessary to take area affected
measures to eradicate it or to prevent its introduction or by insect
reappearance, he may by notification in the Rewa Raj P est<5 > plant
(a) declare that surh pest, disease or weed is an insect weeds.
pest, a plant disease or a noxious weed;
(b) prohibit or restrict the removal of any plant from
one place 10 another or prescribe such other
preventive or remedial measures as may be
nrcessctr) in respect of such pest, disease or weed;
and
(c) de-fine the local area within which and the period
during \\hich such notification shall be in force.
(2) Where the preventive or ivmcdial measures prescribed
in sub-srction (i) include the removal or destruction x>f any
plant in order to eradicate or prevent the introduction or
reappearance of any insect pest, such notification shall,
prior to the date on \\hich the notification shall come into
force, be proclaimed in the local area defined in the notifi-
cation in such manner as may be prescribed.
4. On the issue of a notification under section 3 every Liability on
occupier within the notified area shall be bound to carry the occupiers.
out the remedial and preventive measures prescribed in such
notification.
5. (i) Any officer appointed under section 19 may enter Inspection of
on any land or water within the notified area and take such ncw . sectioi
action as may be necessary in order to ascertain
/ \ i i * i j-
(a) \\hcther any insect pest, plant disease or noxious
weed is present there; and
(b) whether the prescribed remedial or preventive
measures or both, a^ the case may require, have
been taken.
(2) Where the remedial or preventive measare. prescribed Procedure
by a notification under section 3 include the removal or where
destruction of any plant in cn\Jer to eradicate or prevent *'\ r - < j? ed pl f"
the introduction or reappearance of any insect pest, any Eradicate in-
occupier who fails to remove such plant on or before the sect pest
date specified in the notification shall be deemed to have include re-
committed an offence under this Act and removal or destruc-
tion of such plant may be carried out by the inspecting
officer or under his supervision.
6. (i) If any Inspecting Officer appointed under section Inspecting
19 finds that the prescribed remedial or preventive measures Officer may
other than those specified in 5 (21) have not been properly o^ocoTpier
taken he may, subject to such rules as the Durbar may t o take
prescribe under section 2i(G), call upon the occupier by remedial or
notice in writing to carry out the prescribed remedial or preventive
preventive measures within a time to be specified in such actlon -
notice.
362 The Rewa Agricultural Pests and Diseases Act> 1947
(2) The occupier may within seven days of the service
upon him of such notice prefer an appeal to the Director of
Agriculture who may make such order as he thinks fit. The
decision on such appeal shall be final.
(3) The Director of Agriculture may extend the time
specified in the notice under sub-section (i).
Occupier 7. if an y occupier upon whom notice has been served under
failing to sect j on 5 f a i} s to com piy W] 'th the notice within the time
comply with . , , , 7 m i i
the notice specified by the inspecting officer, or in case where an appeal
served on has been preferred, by the Director of Agriculture on appeal,
him commits ne shall be deemed to have committed an offence, under
an offence. ^^ ^ ct anc j t j ie p rescr i| De d remedial or preventive measures
may be carried out by the inspecting officer or under his
supervision.
Recovery g t (j) if any prescribed remedial or preventive measures
cupw^f the are carr i e d out by the inspecting officer under section 5(2)
cost of pre- r section 7 the cost of such measures shall be recoverable
ventive or re- from the occupier under the Rewa State Demand Rules,
medial mea- 1936, as if it were an arrear of land revenue, but such occupier
ou\ e by^thc ma y a PP ea ^ to tne authority to whom appeals in against
Inspecting the order of the officer issuing the certificate of demand
Officer. within thirty days from the date of demand on the ground
that :
(0) charges for items other than cost of labour, material
or use of implements have been included, or
(ft) the charges for labour, material or use of implements
are unduly high.
(2) The order of the appellate authority on such appeal
shall be final.
9. ( i ) If in carrying out any prescribed remedial or preven-
tive measures under section 5(2) or section 7 the inspecting
officer destroys or causes to be destroyed
(a) any tree which is infected with the insect pest or
plant disease, or
((ft) any plants, not being trees, some or all of which
are affected by the insect pest or plant disease
but which are grown so closely together that it
is not ordinarily practicable to treat each plant
individually, or
(c) any plant including trees which, though not so
infected, have in his opinion become liable on
such infection he shall serve a notice in writing
on the occupier stating particulars of the trees
and plants destroyed and his estimate of their
value.
The Rewa Agricultural Pests and Diseases Act, 1947 363
(2) When any trees or plants are destroyed as aforesaid, Destruction
the occupier shall be entitled to compensation as follows : f trees 9 1
For a tree destroyed under sub-section i (a) not exceed- remedial* or
ing one-half the value thereof: preventive
measures and
Provided that no compensation shall be payable for cpmpensa-
, , , / i i i i MI tlon thereoi.
annual crops the destruction of which has been prescribed
in order to eradicate or prevent the intro duction or
reappearance of any insect pest.
(3) For the purposes of this section 'value' shall mean
the value of the tree or plant at the time of its destruction.
10. All claims for compensation under section 9 shall be Claims for
made in writing to the valuing officer appointed by the compensa-
Director of Agriculture within one month from the service n n how a "^
of the notice mentioned in sub-section i of section 9. made.
11. (i) The valuing officer after making such inquiry and Award 01
taking such evidence as he may consider necessary shall compensa-
award compensation not exceeding the rates prescribed in tlon -
section 9 and transmit or cause to be transmitted copies of
his award in writing to the occupier and to the inspecting
officer.
(2) The date within which and the officer before whom
an appeal may be preferred shall be entered in the award.
12. Either the occupier or the inspecting officer may Appeal ag
within thirty days of the date of receipt of the award prefer ainst award,
an appeal against such award to the Director of Agriculture
whose decision shall be final.
13. Village officers of villages in or adjoining a notified Obligation
area within whose village limits pest, disease or weed similar of village
to the insect pest, plant disease or noxious weed within the oncers to
notified area shall appear, shall report the same to the Deputy ^ect* pests*
Commissioner through the Tehsildar. plant dis-
eases or no-
xious weeds.
14. Any one convicted by a Magistrate of an offence Punishment
under section 5(2) or section 7 of this Act shall be liable to for offence
fine not exceeding Rs. 50 or in default to simple imprison- u . nder sec "
ment for a period not exceeding ten days. ion 7.
15. If any person contravenes a notification under section Contravening
3(i)() of this Act prohibiting or restricting the removal
any plant from one place to another, he shall be deemed to "/b)
have committed an offence under this Act. Any one convicted offence n
by a Magistrate of such an offence shall in addition to con- punishment
fiscation and destruction of the plant in respect of which thereof,
the offence was committed, be liable to fine not exceeding
Rs. 50 or in default to simple imprisonment for a period not
exceeding ten days.
The Rewa Agricultural .Pests and Diseases Act> 1947
PART III
GENERAL
oo I ' Where an occupier destroys any trees or plants in
occupier for obedience to a notice issued under section 6, he may be
trees and granted compensation in accordance with such rules as
plants des- may be made under this Act.
troyed.
- *'* Notwit h stan d m anything in this Act, no compensa-
able for tion shall be payable lor any noxious weed destroyed.
noxious weed
destroyed.
Institution of 18. (i) No suit, prosecution or other legal proceedings
prosecution shall lie against any officer for anything done under this
proceeding ^ ct * n gd faith or for any damage to property caused by
under the any action taken in good faith in carrying out the provisions
Act. of this Act.
(2) No prosecution under this Act shall be commenced
without the previous sanction of the Minister in charge of
the Agriculture Department.
(3) No prosecution under this Act shall be commenced
after six months from the date of the alleged offence.
Appointment *9 r J ^ e Director of Agriculture may from time to time
of Inspecting appoint inspecting officers for the purpose of carrying out
Officer. the duties prescribed in sections 5(1), 5(2) and 6.
Delegation of 2O. T'he Director of Agriculture may by notification in
Powers. the Rewa Raj Gazette delegate any of his powers under this
Act to any local authority or the president or chairman of
any local authority.
Power to 21. With the previous approval of H.H.'s Government the
make ru'es. Director of Agriculture may by notification in the Rewa Raj
Gazette make such rules not inconsistent with the provisions
of this Act as may from time to time be necessary
(a) including seed v\ith the definition of a plant,
(b] prescribing the methods of publication of destruc-
tion of insect pests, plant diseases and noxious
weeds and of the treatment to be followed,
(c) prescribing the qualifications required of inspecting
officers,
(d] prescribing the procedure to be followed in making
an award under section 1 1 and the methods and
the condition of valuation of trees and plants,
The Rewa Agricultural Pests and Diseases Act, 1947 36$
(e) providing for payment of compensation under
section 16 and for all matters connected therewith,
(/) prescribing the officers to whom appeals may be
made and the procedure to be followed in respect
of such appeals,
(g) prescribing the procedure, notices arid methods of
service thereof, notifications, registers and other
processes needed for the effectual working of this
Act, and
(h) generally J;o cany out the proposals of this Ac'.
THE EAST PUNJAB AGRICULTURAL
PESTS, DISEASES AND NOXIOUS
WEEDS ACT, 1949
East Punjab Act No. IV of 1949
An Act to provide for the prevention of the introduc-
tion, spread or reappearance of insect pests, plant
diseases and noxious weeds injurious to crops,
plants or trees in the Province of East Punjab.
It is hereby enacted as follows :
PARTI
PRELIMINARY
* ( J ) This Act may be called the East Punjab Agricultural
Pests, Diseases and Noxious Weeds Act, 19^.9.
(2) It extends to the whole of the '[State] of Punjab.
Definitions. 2. In this Act unless there is anything repugnant in the
subject or context
2 [(i) 'Test" means any insect, vertebrate or invertebrate
animal declared to be a pest by notification under
section 3;]
(2) "Inspector" means an inspector appointed under
section 10 ;
(*]) "Notified Area" means any area specified in the
notification issued under section 3 in which a
declaration made under the said section shall
remain in force;
(4) * 'Noxious weed" means any weed declared to be
a noxious weed by notification under section 3;
(5) "Occupier" means the person having for the time
being the right of occupation of any land or pre-
mises or his authorised agent or any person in
actual occupation of the land or premises and
includes a local authority having such right of
occupation or in such actual occupation ;
(6) "Plant" includes all agricultural or horticultural
crops, trees, bushes or herbs or the seed, fruit or
any other part thereof which is used for food of
man or beast or for any purpose in connection
with art or manufacture;
(7) "Plant disease" means any fungoid, bacterial virus,
parasitical or other disease declared to be a plant
disease by notification under section 3;
(8) "Prescribed" means prescribed by rules made under
this /ct.
f Substituted by Act II oi 1951.
* Substituted by the Adaptation oi Laws Order, 1950
^66
The East Punjab Agricultural Pests^ Diseases and Noxious 367
Weeds Act, 1949
PART II
'[PESTS], PLANT DISEASES AND Noxious WEEDS
3. Whenever it appears to the 2 [State] Government Power to
that any 3 [insect, vertebrate or invertebrate animal] disease declare insect
j i i i JT_.U pests, plant
or weed is injurious to plants in any local area and that diseases and
it is necessary to take measures to eradicate such pest, disease noxious
or weed, or to prevent its introduction, spread or reappear- weeds and
ance, the 2 [State] Government, rhay by notification in dire f measu -
i_ rr i A 11 res to eradi-
the onicial Gazette cate or pre .
4 [(z) declare such insect, vertebrate or invertebrate vent them.
animal to be a pest or such disease or weed to be
a plant disease or noxious weed, respectively;]
() specify the local area within which and the period
during which such declaration shall remain in
force ;
(111) prohibit or restrict the movement or removal of
any plant, earth, soil, manure or other thing
from one place to another;
(iv) direct the carrying out of such preventive or remedial
measures, including the destruction of any 1 [pest],
plant disease or noxious weed or any plants as
the 2 [ State] Government may deem necessary,
in order to eradicate such 5 [insect vertebrate
or invertebrate] disease or weed or to prevent its
introduction, spread or reappearance; and
(v) prescribe the period within which it shall nol be
lawful to plant with a specified crop the whole
or any portion of the notified area.
4. On the issue of a notification under section 3, every Dunes of
occupier within the notified area shall be bound to carry out c cu p ier on
*u * j- i _i u tne lsfi ue of a
the preventive or remedial measures mentioned in such notification
notification. under sec-
tion 3.
5. (i) Any Inspector may, after giving the prescribed Power of
notice, enter upon any land or premises, situated in the Inspector to
notified area within his local jurisdiction for the purpose of enter upon
. . . J r i an y i anc j or
ascertaining . premises.
(2) whether there is any 1 [pest], plant disease or noxious
weed on such land or premises; and
(ii) whether the preventive or remedial measures or both,
as the case may require, mentioned in the notifica-
tion issued under section 3 have been carried out.
5 [(2) Notwithstanding anything contained in this Act, Notice to
in the event of any area being invaded, or in danger of an occupier to
invasion, by locusts, the Collector of the district or other car jj enl { v ^l
officer authorised by him in this behalf may call upon remedial
any male person not below the age of 14 years resident measures,
in the district to render all possible assistance in carrying
out preventive or remedial measures and in the destruction
of locusts :
1 Substituted by Act II of 1951.
a Substituted by the Adaptation of Laws Order, 1950
3 Substituted by ibid.
4 Substituted by ibid.
The East Punjab Agricultural Pests, Diseases and Noxious [ACT iv
Weeds Act, 1949
Provided as follows :
(i ) no person who is by virtue of old age or any physical
disability incapable of rendering assistance or
who lives at a distance of more than five miles
from the place where his presence is required,
shall be called upon to render any such assistance;
(//) it shall not be necessary to notify every person indi-
vidually for his services, and a proclamation by
beat of drum or other customary mode in the
village or locality shall be deemed sufficient
notice to all affected persons residing in that
village or locality.
^3) Any person who fails to render the assistance required
of him under sub-section (2) shall, on conviction by a Magis-
trate, be punishable with fine which may extend to fifty
rupees or in default TO simple imprisonment for a period
not exceeding ten davs, and the offence shall be tried sum-
ma: ily as provided in section 260 of the Code of Criminal
Proceduie, 1898.]
Notice to oc- 6. (j) i,r on t } ie inspection of any land or premises under
c a r r C r ola sect * on ? t ^ ie I ns P ector nn ds that there is any "[pest],
preventive or ptant, disease or noxious weed on such land or piemises
remedial and that the preventive or lemeclial measures mentioned in
measure*. (i ie notification issued undei section 3 have not been carried
out, the Inspector may. subject to any general or special
orders of the 2 [State] Government, call upon the occupier
of svc h land or premises by notice in writing, to cairy out
such pieventive 01 rempcLal measures within the time specified
in such notice.
(2) Within seven da\s fiom the date of the seivice upon
him of the notice under sub-section (i), the occupier may
prefer an appeal to the Collector or t-> such other officer
as the *[&tatej Government may appoint.
f v] On receipt of the appeal under sub-section (2) the
Collector 01 other officer, as the "ase may be, may extend
the time specified in the notice under sub-section (i) and
shall, after giving the occupier an opportunity of being
heard, pass such order on the appeal as he thinks fit.
(4) An onler passed under sub-section (3) of this section
ishull be final and conclusive and shall not be liable to be
ca'led in question in any court.
Failure to 7- (0 ^ an Y occupier upon whom a notice has been
comply with served under sub-section (i) of section 6 does not comply
notice under with such notice within the time specified therein, or if an
section 6 and a pp ea } h as been preferred under sub-section (2) of section 6,
Inspector 10 does not comply with the order passed on such appeal within
carry out the time specified in such order, the Inspector may carry
measures. oul a t the expense of the occupier the preventive or remedial
measures mentioned in such notice or order.
1 Substituted by Act II of 1951.
2 Substituted by the Adaptation of Laws. Order, 1930.
<OF ! 949l The East Punjab Agricultural Pests, Diseases and Noxious 369
Weeds Act, 1949
(2) The costs of any preventive or remedial measures
carried out under sub-section (i) shall be payable by the
occupier and shall be recoverable from him as an arrear of
land revenue.
(3) Anv such occupier may, within thirtv days from the
date of the first demand of such costs from him, prefer an
appeal to the Collector or to such other officei as the 1 [State]
Government may appoint in this behalf on the ground
that
(z) the costs include charges for items other than the
cost of labour, mater'nl or use of implements or
(n) the charges for labour or material or use of imple-
ments are unreasonably high.
(4) On receipt of the appeal under sub-section (3) the
Collector or other officer appointed by the l [State] Govern-
ment shall, after giving the occupier an opportunity of being
heard, pass such order thereon as he thinks fit.
(5) An order passed undei sub-section (4) shall be final
r-nd conclusive and shall not be liable to be called in question
in any court.
8. (i) If am 2 [pest], plant diseases or noxious weed appears Dutv of cer-
in any village adjoining a notified area, the Patwari or Lam- ta l n Vllla e
bardar of such xilla^e shall forthwith report the fact to s^p ap
officer as the 1 [State] Government may appoint in thispearance of
behalf. insect pest,
plant diseases
(2) The officer aforesaid shall on receipt of such report ^ r eeds n xi lis
and after making such further mquirv as he may deem wee s '
necessary forward it to the '[State] Government 'through
the Director of Apiculture with his remarks thereon.
9. (i) Whoever removes any plant, earth, soil, manure Offences and
or other thing in contravention of the directions contained Penalties.
in a notification issued under section 3 shall, on conviction
by a magistrate, be punishable with fine which may extend
to Rs. 50 or in default to simple imprisonment for a period
not exceeding ten da\s.
(2) Any occupier who fails to comply with a notice given
under sub-section (i; of section 6 or with any order passed
on appeal under sub-section (3) of section 6 shall on convic-
tion by a Magistrate, be puiiishable with fine which may
extend to Rs. 50 O r in default to simple imprisonment foi a
period not exceeding ten days.
(3) Whoever having once been convicted of an offence
under sub-section (i) or (2) of this section is again convicted
of an offence under either of these sections shall be punishable
with fine which may extend to Rs. 250 or in default to simple
imprisonment not exceeding one month.
Substituted by the Adaptation of Laws Ordtr, 1950.
Substituted by Act II of 1951.
API
of.
370 7 he East Punjab Agricultural Pests, Diseases and
Weeds Act, 1949
PART III
GENERAL
jpointment io. The '[State] Government may, by notification in
Inspectors. tne official Gazette, appoint persons as Inspectors for such
local areas as may be specified in the notification.
Bar of suits ii. (i) No suit, prosecution or legal proceedings shall
l lie against the '[State] Government or any officer of the
1 [State] Government in respect of anything in good faith
done or intended to be done under this Act or for any damage
to property caused by any action taken in good faith in
carrying out the provisions of this Act.
(2) No prosecution under this Act shall be commenced
without the previous sanction of the Collector or other officer
authorised by the '[State] Government in this behalf
nor after three months from the date of the commission of
the alleged offence.
[ACT iv> OF 1949]}
Delegation
of Bowers.
Rules.
12. The powers conferred on the '[State] Government
under this Act, may, with the exception of the powers under
section 13, be delegated by the '[State] Government to
any officer.
13. (i) The l [State] Government may, from time to
time, make rules for the purpose of carrying into effect the
provisions of this Act.
(2) In particular and without prejudice to the generality
of the foregoing provisions, such rules may be made for all
or any of the following purposes :
(a) the form or manner of giving notice under section 5 ;
(b) the manner of making an inquiry under section 5;
(c) the method of publication of description of insect
pests, plant diseases, noxious weeds and the treat-
ment to be followed ;
(d) the qualifications required of the Inspectois ;
(e) prescribing the Officers to whom an appeal may be
made and procedure to be followed in such
appeal ;
(/) prescribing the notices and methods of services there-
of, and registers needed for the effective working
of the Act; and
(g) generally to carry out the purposes of this Act.
(3) The rules made under this section shall be subject to
the condition of being made after previous publication.
1 Substituted by the Adaptation of Laws Order, 1050
HIMACHAL PRADESH
The East Punjab Agricultural Pests, Diseases and Noxious Weeds
Act) 1949, as extended to Himachal Predesh vide Notification
No. H2-I, dated New Delhi-2, the $Qth August ig^o, from
the Government of India, Ministry of States, to the Chief
Commissioner, Himachal Pradesh.
In exercise of the powers conferred by section 2 of the
Part CStates (Laws) Act, 1950 (XXX of 1950), the Central
Government is pleased to extend the Punjab Agricultural
Pests, Diseases and Noxious Weeds Act, 1949 (Punjab
Act No. IV of 1949) to the State of Himachal Pradesh
subject to the following modifications, namely :
(1) For the words "the ^State] Government' 5 wher-
ever they occur except in section 1 1 , the words
"the Chief Commissioner, Himachal Pradesh"
shall be substituted.
(2) Sub-section (2) of section i shall be omitted.
(3) In section 11 for the words U1 [State] Government
wherever they occur the words ''Central Govern-
ment shall be substituted.
! Substituted by the Adaptation of Law* Qrdef,
71
Preamble.
commence-
ment.
Definitions.
THE ASSAM AGRICULTURAL PESTS AND
DISEASES ACT, 1950
Assam Act XXXV of 1950
WHEREAS it is expedient to provide for measures for the
prevention of the spread of insect pests, plant diseases and
noxious weeds injurious to health or to crops, plants, trees or
water supply or obstructive to waterways within the Province
of Assam; it is hereby enacted as follows :
PART I
. PRELIMINARY
Short tnle, i. (i) This Act shall be called "The Assam Agricultural
extent and p e .sts and Diseases Act, 1949".
(2) It extends to the whole of Assam.
(3) It shall come into force on such date as the '[State]
Government may, by notification in the official Gazette,
appoint in this behalf.
2. In this Act, unless there is anything repugnant in the
subject or context,
(1) "Crop" means any agricultural produce as are stored
for consumption and shall include seed, plant or
any part there/ if;
(2) "Director of Agriculture" means an o'fiVer appointed
b\ the '[State] Government to be the Director
of Agriculture and includes even- pei<on who foi
the time being performs the duties of The office;
(3) "Insect pest" means an) insect or other invertebrate
animal and shall include bacteria and other
vegetable or animal organisms, which has been
declared by notification under section 3 of this Act
to be an insect pest ;
(4) "Inspecting Officer" means the officer appointed as
sue h under section 20 of the Act ;
(5) "Noxious \\eed" means any weed which has been
declared by notification under section 3 of this
Act to be noxious weed ;
(b) "Notified aiea" means the area covered by a notifica-
tion published under section 3 ;
(7) "Occupier" means the person ha\ing for the time
being the right of occupation of any land, premises
or water or his authorized agent or any person in
actual occupation of the land, premises or water
and includes a local authority and a railway or
other company having such right of occupation or
in such actual occupation ;
1 Substituted by the Adaptation of Laws Order, 1950.
372
The Assam Agricultural Pests and Diseases Act, 1950 373
(8) "Plant disease" means any fungoid, bacterial, para-
sitical or other disease which has been declared
by notification under section 3 of this Act to be a
plant disease ;
(9) "Plant " includes the fruit, leave, bark, loots cuttings
or any living portion of a plant but does not
include the seed unless the seed has been especially
included in the definition of plant by the ' [State]
Government by notification under this Act ;
(10) "Prescribed" means prescribed by notification or
rules made under this Act ;
(n) "Valuing Officer" means Officers appointed as such
for the purposes of this Act.
PART II
3. (i) If the '[State] Government consider that any Notification
pest, disease or weed in any local area is injurious to health, b\ the
crops, plants, trees or water supply or is obstructive to water- '[SiateJ
ways and that it is necessary to take measures to eradicate ^ m ei nn ^" as
it or to prevent its introduction or reappearance, they may a flerird bv
by notification in the official Gazette msect pests,
plant diseases
(a) declare that such pest, disease or weed is an insect or noxu>u
pest, a plant disease or a noxious weed, weeds. .
(b) prohibit or restrict the removal of any plant or
crop from one place to another or prescribe
such other pre\entive or remedial measures as
may be necessary in respect of surh pest, disease
or weed, and
(c) define the local area \vithin \\hich and the period
during which such notification shall be in force.
(2) Where the preventive or remedial measures prescribed
in sub-section (i) include the removal or destiuction oi any
plant or crop in order to eradicate oi prevent the introduc-
tion or reappearance of any insect pest, plant disease or
noxious weed, such notification shall, prior to the date on
which the notification shall come into force be proclaimed
in the local area defined in the notification in such manner
as may be prescribed.
4. On the issue of a notification under section 3, every Li a bUit\ on
occupier within the notified area shall be bound to carry t h e occu-
out the remedial and preventive measures prescribed in such piers,
notification.
Explanation. For the purpose only of this section Govern-
ment shall be deemed to be the occupier in the case of all
lands, premises or water which they have for the time being
the right to occupy or are in their actual occupation.
Substituted by ibid.
374 The Assam Agricultural Pests and Diseases Act, 1950 [ACT xxxv
Power of 5. Any Inspecting Officer may enter into any premises,
entry. i anc j or wa t e r within the notified area and take such action
as may be necessary in order to ascertain
(a) whether any insect pest, plant disease or noxious
weed is there present; and
(b) whether the prescribed remedial or preventive
measures or both, as the case may require, have
been taken.
Inspecting 6. (i) If any Inspecting Officer finds that any prescribed
Officer may remedial or preventive measures have not been properly
serve a notice carr j ec j out ^ e m^ su bj ec t to such rules as the *[State]
^otake^emc- Government may prescribe under section 22, call upon the
dial or pre- occupier by notice in writing to carry out the prescribed
v e n t i v e remedial or preventive measures within a time to be specified
action. j n suc h notice.
(2) r i he occupier may within seven days of the service
upon him of such notice prefer an appeal to the prescribed
officer who may make such order as he thinks fit. The
decision on such appeal shall be final.
(3) The Officer receiving the appeal may extend the
time specified in the notice under sub-section (i).
Occupier 7. If any occupier upon whom notice has been served
failing to unc [ er section 6 fails to comply with the notice within the
lhT P Y notice ti me specified by the Inspecting Officer, or, in case where
served on an appeal has been preferred, by the prescribed officer on
him commits appeal, he shall be deemed to have committed an offence
an offence. unc ler this Act and the prescribed remedial or preventive
measures may be carried out by the Inspecting Officer or
under his supervision.
Recovery 8. ( i ) If any prescribed remedial or preventive measures
from the are carr i ec j ou t by the Inspecting Officer under section 7
the^ost of tne cost f suc ^ measures shall be recoverable from the
preventive or occupier as if it were an arrear of land revenue, but such
remedial occupier may appeal to the Deputy Commissioner within
measures car- t hi rt y days from the date of demand on the ground that,
ned out by ' o >
ihe Inspec- (a) charges for items other than costs of labour, material
*ing Officer. or use of implements have been included, or
(b) the charges for labour, materials or use of imple-
ments are unduly high.
(2) The order of the Deputy Commissioner on such
appeal shall be final.
Destruction 9. (i) If in carrying out any prescribed remedial or
of trees or preventive measures under section 6 the Inspecting Officer
plants in exe- destroys or causes to be destroyed
cution 7 '
remedial of ^ anv tree w hi c h is infected with the insect pest or
me^ureland P lant disease > or
compensa-
tion.
Substituted by ibid.
OF 1950] The Assam Agricultural Pests and Diseases Act, 1950 375
(b) any plants, not being trees, some or all of which
are affected by the insect pest or plant disease
but which are grown so closely together, that
it is not ordinarily practicable to treat each
plant individually, or
(c) any plants including trees which, though not so
infected, have in his opinion become liable to
such infection,
(d) any crop which is infected with insect pest,
he shall serve a notice in writing on the occupier stating
particulars of the trees, crop and plants destroyed and his
estimate of their value.
(2) When any trees or plants or crops are destroyed as
aforesaid, the occupier shall be entitled to compensation as
follows :
(i) for a tree destroyed under sub-section i (a) not
exceeding one-half the value thereof;
(if) for plants destroyed under sub-section i (b} not
exceeding two-thirds of the value thereof ;
(Hi) for plants destroyed under sub-section i (c) their
full value ;
(iv) for crop destroyed under sub-section (d\ not
exceeding three-fourths of its value.
(3) For the purpose of this section "value" shall mean
the value of the tree, plant or crop at the time of its destruc-
tion.
10. All claims for compensation under section 9 shall Claims for
be made in writing to the valuing officer appointed by the compensa-
1 [State] Government within one month , from the service u< ? n how a "^
of the notice mentioned in sub-section ( i ) of section 9. made
11. (i) The valuing officer after making such enquiry Award of
and taking such evidence as he may consider necessary compensa-
shall award compensation not exceeding the rates prescribed tlon -
in section 9 and transmit or cause to be transmitted copies
of his award in writing to the occupier and to the inspecting
officer.
(2) The date * ithin which and the officer before whom
an appeal may be preferred shall be entered in the award.
12. Either the occupier or the Inspecting Officer ma^ Appeal
within thirty days of the date of receipt of the award prefer against
an appeal against such award to the prescribed officer whose awar< **
decision shall be final.
13. Village Officers of villages in mauzas adjoining a bl !&?ii ion
& i D i . i .,, & i. i. of Villafire
notified area within whose village limits pest, disease or officers to
weed similar to the insect pest, plant disease or noxious report on
weed within the notified area shall appear, shall report the insect jpest,
same to the Deputy Commissioner and the Director of pkrrtdiiea-
A I A *cs or no
Agriculture. _ xtoia weeds.
1 Substituted by ibid.
876 The Assam Agricultural Pests and Diseases Act, 1950 [ACTJXXXV
Punishment ^ Any one convicted by a Magistrate of an offence
tor offence unc j ei section 7 of this Act shall be liable to fine not exceed-
under SCC- . i r i i r .,
tion 7 or 9. in g R S - 5 or in default to simple imprisonment 101 a period
not exceeding 10 days.
Contrayen- 15. if any person contravenes a notification under section
tio^n^under 3(*) ^ this Act P ronibitm g or restricting the removal of
section 3 (b) an Y P^ ant or crop from one place to another he shall be
to be an deemed to have committed an offence under this Act. Any
offence ; and one convicted by a Magistrate of such an offence shall, in
punishment ac [dition to confiscation and destruction of the plant 01 crop
therefor. . ,, , . , , , Y i i i- i i
m respect of which the ofience was committed, be liable to a
fine not exceeding Rs. 50 or in default to simple imprison-
ment for a period not exceeding ten days.
PART III
MISCELLANEOUS
Compensa- 16. Where an occupiei destroys any trees or plants or
tion to occu- crop in obedience to a notice issued under section 6, he may
pier for trees j^ g ran ted compensation in accordance with such rules as
be made under this Act '
Compensa- 17. Notwithstanding anything in this Act, no compensa-
tion not t j on s } ia u b e payable for any noxious weed destroyed.
payable for i / / /
noxious weed
destroyed.
Protection of *8. (i) No suit, prosecution or other legal proceeding
action taken shall lie against any person for anything which is in good
under the f a ith done or intended to be done or for damage to property
^ ct * caused by any action which is in good faith taken or intended
to be taken in pursuance of this Act or any rules made
thereunder.
(2) Save as otherwise expressly provided under the Act,
no suit or other legal proceeding shall lie against the Govern-
ment for any damage caused or likely to be caused by any-
thing in good faith done or intended to be done in pursuance
of this Act or any rules made thereunder.
Institution of I 9 ( ! ) No prosecution under this Act shall be commenced
prosecutions except with the previous sanction of the Director of Agricul-
or other legal ture.
proceedings
under this ^ j^ o p rosec ution under this Act shall be commenced
^ after six months from the date of the alleged offence.
Appointment 2O . The x [State] Government may from time to time
Offi nSpeCtmg a PP omt Inspecting Officers for the purposes of this Act.
Delegation of 21. The x [State] Government may by notification in
powers. the official Gazette delegate all or any of their powers
under this Act except those conferred by sections 3 and 22
to the Director of Agriculture or any other officer or to any
local authority or the president or chairman of any local
authority.
' Substituted fcy tW. -
OF 1950] The Assam Agricultural Pests and Diseases Act, 1950 377
. * PART IV
POWER TO MAKE RULES
22. (i) The '[State] Governmeni may, subject to the Power of
condition of previous publication, make rules, for carrying ^
into effect the purposes of this Act. ru l eSt
(2) Without prejudice to the generality of the foregoing
provision, such rules may prescribe
(a) the methods of publication of descriptions of insect
' pests, plant diseases and noxious weeds and the
treatment to be followed;
(b) the qualifications required of Inspecting Officers;
(c) the procedure to be followed in making an award
under section 12 and the methods and conditions
of valuation of trees, \ lants and crops;
(a) t! e officers to M horn appeals may be made, and the
procedure to be followed in respect of such
appeals ;
(c,) the procedure notices and methods of service thereof
notifications, registers and other processes needed
for effectual working of this Act;
(f) inclusion of seed within the c'efinition of a plant;
(g) the procedure for payment of compensation under
section 16 and for all matters connected therewith;
(h) the methods generally to carry out the purposes
of this Act.
Substituted by ibid.
THE ESSENTIAL SUPPLIES (TEMPORARY
POWERS) ACT, 1946
Act No. XXIV of 1946
An Act to provide for the continuance during a limited
period of powers to control the production, supply
and distribution of and trade and commerce in
certain commodities.
>[" * * # * * #1
It is hereby enacted as follows :
Short title, i. (i) This Act may be called the Essential Supplies
extent and (Temporary Powers) Act, 1946.
2 [(2) It extends to the whole of India except the State
of Jammu and Kashmir but shall come into force in a Part B
State to which this Act extends only on such date as the
Central Government may, by notification in the official
Gazette, appoint in this behalf, and different dates may be
appointed for different Part B States.]
(3) It shall cease to have effect on 2 [thirty-first day of Dec-
ember 1 952] except as respects things done or omitted to be
done before 3 [that date], and section G of the General Glauses
Act, 1897, (X of 1897), shall apply upon the expiry of this Act X of
Act as if it had then been repealed by a Central Act. 1897.
Definitions. 2. In this Act, unless there is anything repugnant in the
subject or context,
(a) "essential commodity" means any of the following
classes of commodities :
(i) foodstuffs,
4 [(ifl) cattle fodder],
() cotton and woollen textiles,
& [(iia) raw cotton,
(iib) cotton seed],
(Hi) paper,
(iv) petroleum and petroleum products,
(v) spare parts of mechanically propelled vehicles,
(vi) coal,
(vii) iron and steel,
(viii) mica;
6 [(aa) "coal" shall include coke and other derivatives
of coal] ;
(b) "food-crops" shall include crops of sugarcane;
(c) "foodstuffs" shall include edible oilseeds and oils;
7 [(cc) "cattlefodder" includes oil-cakes and other con-
centrates];
1 Omitted by Act of 1950.
Substituted by ibid.
3 Substituted by the Adaptation of Laws Order, 1950, for all the provinces of India.
4 Inserted by Act of 1950.
5 Inserted by the Essential Supplies (Temporary Powers) Amendment Act, 1949 (49 of 1949) 3*3.
6 Inserted, ibid, (with retrospective effect).
7 Inserted by Act 512 of 1950.
378
The Essential Supplies (Temporary Powers) Act 9 1946 379
(d) "notified order" means an order notified in the
official Gazette;
(e) "paper" shall include newsprint;
(/) ul [State] Government" in relation to.a 1 [PartC
State] means the Chief Commissioner;
(g) * 'raw cotton" shall include ginned cotton and ungin-
ned cotton or kapas.
2A. 2 [Any reference to the Indian Penal Code (Act XLV of R u 1 e of
1860), the Code of Criminal Procedure, 1898 (Act V of 1898) JESSS
or the Indian Evidence Act, 1872 (1 of 1872) shall, in relation en actments
to any Part B State to which this Act applies, be construed not extending
as a reference to the corresponding enactment in force in to P art B
that State.] States -
3. (i) The Central Government, so far as it appears to Powers to
it to be necessary or expedient for maintaining or increasing control pro-
supplies of any essential commodity, or for securing their ^^?*
equitable distribution and availability at fair prices, may by distribution,
3 [ ] order provide for regulating or prohibiting the etc. of
production, supply and distribution thereof and trade and essential
commerce therein. commodities.
> 4 [(iA) An order made under sub-section (i) shall,
(a) in the case of*an order of a general nature or affect-
ing a class of persons, be notified in the official
Gazette; and
(b) in the case of an order affecting an individual
person be served on such person
' (i) by delivering or tendering to that person,
() if it cannot be so delivered or tendered by affixing
it on the outer door or some other conspicuous
part of the premises in which that person lives and
the written report whereof should be witnessed
by two persons living in the neighbourhood.]
(2) Without prejudice to the generality of the powers
conferred by sub-section (i), an order made thereunder
may provide
(a) for regulating by licences, permits or otherwise the
production or manufacture of any essential
commodity;
(b) for bringing under cultivation any waste or arable
land, whether appurtenant to a building or not, for
the growing thereon of foodcrops generally or
of specified foodcrops, and for otherwise main-
taining or increasing the cultivation of food-
crops generally, or of specified foodcrops;
(c) for controlling the prices at which any essential
commodity may be bought or sold;
(d) for regulating by licences, permits or otherwise the sto-
rage, transport, distribution, disposal, acquisition,
use or consumption of any essential commodity;
* Substituted by the Adaptation of Laws Order, 1950.
a Inserted by Act 52 of 1950.
1 Omitted by ibid.
380 The Essential Supplies (Temporary Powers) Act, 1946 [ACT xxiv
(e) for prohibiting the withholding from sale of any
essential commodity ordinarily kept for sale ;
( f ) for requiring any person holding stock of an essential
commodity to sell the whole or a specified part
of the stock at such prices and to such persons
or class of persons or in such circumstances, as may
be specified in the order;
(g) for regulating or prohibiting any class of commercial
or financial transitions relating to foodstuffs or
cotton textiles, which, in the opinion of the
authority making the order are, or if unregulated
; re likely to be, detrimental to public interest;
(h) for collecting any information or statistics with a
view to regulating or prohibiting any of the
aforesaid matters;
(i) for requiring persons engaged in the production,
supply or distribution of, or trade or < ommerce
in, any essential commodity t ) maintain and
produce for inspection such books, accounts and
records relating to their business and to furnish
such information relating thereto, as may be
specified in the order; 4
(j) for any incidental and supplementary matters, includ-
ing in particular the enteiing, and search of
premises, vehicles, vessels and aircraft, the
seizure by a person authorised to make such
search of any articles in icspect of which such
person has reason to believe that a contravention
of the order has been, is being or is about to be
committed, the grant or issue of licences, peimits
or other documents, and the charging of fees
therefor.
An order made under sub-section (i) may confer
powers and impose duties upon the Central Government or
the State Governments officers arid authorities of the Central or
State Government and may contain directions to any State
Government or to officers and authorities thereof as to the
exercise of any such powers or the discharge of any such
duties.]
(4) The Central Government, so far as it appears to it to
be necessary for maintaining or increasing the production
and supply of an essential commodity, may by order authorise
any person (hereinaftei referred to as an authorised control-
ler) to exercise, with respect to the whole or any part of any
such undertaking engaged in the production and supply of
the commodity as may be specified in the order, such functions
of control as* may be provided by the order; and so long as
an order made under this sub-section is in force with respect
to any undertaking or part thereof
(a) the authorised controller shall exercise his functions
in accordance with any instructions given to
him by the Central Government, so, however,
that he shall not have any power to give any
1 Substituted by Act 52 of 1950.
OF 1946] The Essential Supplies (Temporary Powers) Act, 1946 381
direction inconsistent with the provisions of any
Act or other instrument determining the functions
of the undertakers except in so far as may be
specifically provided by the order; and
(b) the undertaking or part shall be carried on in
accordance with any directions given by the
authorised controller in accordance with the
provisions of the order, and any person having
any functions of management in relation to the
undertaking or part shall comply with any such
directions.
4. The Central Government may by notified order direct Delegation of
that the power to make orders under section 3 shall, in powers,
relation to such matters and subject to such conditions, if
any, as may be specified in the direction, be exercisable
also by
(a) such officer or authority subordinate to the Central
Government, 01
(b) such r [Stale] Government 01 such officer or authority
subordinate to a '[State] Government, as may
be specified in the direction.
5. The Central Government may give directions to any Power to
1 [State] Government as to the carrying into execution in the issue direc-
1 [State] of any order made unde* section 3. instates! l
6. Any order made under section 3 shall have effect Effect of
notwithstanding anything inconsistent therewith contained in Orders
any enactment other than this Act or any instrument having ^h^^other
eh;ct by virtue of any enactment other than this Act. enactments.
7. tt [(i) If any person contravenes any order under section Penalties.
3 relating to cotton textiles, he shall be punishable with im-
prisonment for a u:rm which mav e tend to three years
and shall also be liable to fine; arid any property in respect
of which the order has been contravened or such part thereof
as to the Court may seem fit shall be- forfeited to the Govern-
ment.
(2) If any person contravenes any order under section 3
relating to foodstuffs,
(a) he shall be punishable with imprisonment for a
term which may extend to three years and shall
also be liable to fine, unless for reasons to be
recorded the court is of opinion that a sen-
tence of fine only will meet the ends of justice; and
(b} any property in respect of which the order has been
contravened or such part thereof as to the court
may seem fit shall be forfeited to the Govern-
ment, unless for reasons to be recorded the court
is of opinion that it is not necessary to direct
forfeiture in respect of the whole or, as the case
may be, any part of the property:
1 Substituted by the Adaptation of Laws Order, 1930, for 'Provincial',
a Substituted by Act 52 of 1950.
382 The Essential Supplies (Temporary Powers] Act, 1946 [ACT xxrV
Provided that where the contravention is of an order
prescribing the maximum quantity of any foodgrains that
may lawfully be possessed by any person or class of persons,
and the person contravening the order is found to have been
in possession of foodgrain exceeding twice the maximum
quantity so prescribed, the court shall
(a) sentence him to imprisonment for a term which may
extend to seven years and to a fine not less than
twenty times the value of the foodgrain found in
his possession ; and
(b] direct that the whole of such foodgrain in excess of
the prescribed maximum quantity shall be forfeited
to Government.
Explanation. A person in possession of foodgrain which
does not exceed by more than five maunds the maximum
quantity so prescribed shall not be deemed to be guilty of an
offence punishable under the proviso to this sub-section,
(3) If any person contravenes any order under section 3
relating to any essential commodity other than cotton textile
and foodstuffs, he shall be punishable with imprisonment
for a term which may extend to three years, or with fine
or with both, and if the order so provides, any property
in respect of which the court is satisfied that the order has
been contravened may be forfeited to Government.
(4) If any person to whom a direction is given under
sub-section (4) of section 3 fails to comply with the direction,
he shall be punishable with imprisonment for a term which
may extend to three years, or with fine, or with both.]
Forfeiture 'faA. Whenever any offence relating to cotton textiles
of certain or foodstuffs which is punishable under 2 [ * ] section
used^n the 7 ^ as keen committed, the Court may, if the order
commission -made under section 3 so provides, direct that the
of the packages, con ver ings or receptacles in which any property
offence. liable to be forfeited under the said 2 [*] section is found,
and the animals, vehicles, vessels or other conveyances
used in carrying the said property shall be forfeited to
3 [Government] :
Provided that no Court trying an offence under this Act
shall declare any such package, covering, or receptacle or
any such animal, vehicle, vessel or other conveyance forfeited
to 3 [Government] unless it is proved that the owner thereof
knew that the offence was being, or was to be, or was likely
to be, committed.]
Attempts and 8. Any person who attempts to contravene, or abets a
abetments. contravention, of any order made under section 3 shall
be deemed to have contravened that order.
1 Inserted by Act
8 Omitted by Act 52 of 1950.
* Substituted by ibid.
o* 1946] The Essential Supplies (Temporary Powers} Act, 1946 383
9. If the per son contravening an order made undsr section 3 Offences by
* is a company or other body coiporate every duector, manager C r P ratlons -
secretary, or other officer or agent theieof shall, unless he
proves that the contravention took place without his know-
ledge or that he exercised all due diligence to prevent such
contravention, be deemed to be guilty of such contravention.
,o. If any person,-
(i) when icquired by any order made under section 3
to make any statement or furnish any information,
makes any statement or furnishes any information
which is false in any material particular and
which he knows or has reasonable cause to believe
to be false, or does not believe to be true, or
(') makes any such statement as aforesaid in any book f
account, record, declaration, return or other
document which he is requhed by any such order
to maintain or furnish, he shall be punishable with
imprisonment for a term which may extend to
three years or with fine or with both.
11. No court shall take cognizance of any offence punish- Cognizance
able under this Act except on a repoit in writing of the of offences,
facts constituting such offence made by a person who is a
public servant as defined in section 2 1 of the Indian Penal
XLVof 1860. Code (XLV of 1860).
12. Any magistrate or bench of magistrates empowered Power to try
for the time being to try in a summary way the offences offences sum-
specified in sub-section (i) of section 260 of the Code of maril Y-
V of 1898. Criminal Procedure, 1898 (V of 1898), may, on application
in this behalf being made by the prosecution, try in accord-
ance with the provisions contained in sections 262 to 265
of the said Code any offence punishable under this Act.
13. Notwithstanding anything contained in section 32 Special pro-
of the Code of Criminal Procedure, 1898 (V of 1898), it vision regard-
shall be lawful for any Magistrate of the First Class specially m S fines -
empowered by the x [State] Government in this behalf and
foi any Presidency Magistrate to pass a sentence of fine
exceeding one thousand rupees on any person convicted of
contravening an order made under section 3.
2 [i3A. Notwithstanding anything contained in the Code Special pro-
of Criminal Procedure, 1898 (V of 1898), no person visions re-
accused or convicted of a contravention of any order under S aic " n S kail,
section 3 relating to foodgrains which is punishable under
the proviso to sub-section (2) of section 7 shall, if in custody,
be released on bail or on his own bond unless
(a) the prosecution has been given, an opportunity to
oppose the application for such release, and
1 Substituted by the Adaptation of Laws Order, 1950,
2 Inserted by Act 52 of 1950.
384
The Essential Supplies (Temporary Powers) Act, 1946 [ACT xxrv
(b) where the prosecution opposes the application,
it appears to the court that there are reasonable
grounds for believing that he is not guilty of
such contravention.
Cases to be jjjj^ Where any offence is not being tried in a summary
-expcditiously. wa Y under section 1 2 of this Act,
(a) with reference to sub-section (2) of section 256
of the Code of Criminal Procedure 1898 (V
of 1898), the next hearing of the case shall be
fixed on the day following the one on which the
charge is framed, unless the Magisti ate, for
reasons to be recorded in writing, adjourns the
case to any other day, but not later than four
days, and
(b) the hearing of the case shall be continued from day
to day unless the court finds the adjournment
of the hearing beyond the following day to be
necessary for reasons to be recorded.]
Presumption 14. (i) No order made in exercise of any power conferred
as to order, by or under this Act shall be called in question in any Court.
(2) Where an order purports to have been made and
signed by an authority m exercise of any power conferred
by or under this Act, a Court shall, within the meaning of
the Indian FA'idence Act, 1872 (1 of 1872), presume that
such order was so made bv that authority.
Burden
proof
certain
cases.
of 15. Where any person is prosecuted for contravening any
ln order made under section 3 which prohibits him from doing
an act or being in possession of a thing without lawful autho-
rity or without a permit, licence or other document, the
burden of proving that he has such authority, permit, licence
or other document, shall be on him.
Protection of 16. (i) No suit, prosecution or other legal proceeding
action taken s hall He against any person for anything which is in good
Act Cr * C ^k done or i nten ded to ^ e done in pursuance of any order
made under section 3.
(2) No suit or other legal proceeding shall lie against
the J [Government] for any damage caused or likely to be
caused by anything which is in good faith done or intended
to be done in pursuance of any order made under section 3.
Repeal and 17. (i) The Essential Supplies (Temporary Powers) Ordi-
saving. nance, 1946 (XVIII) of 1946), is hereby repealed.
(2) Any order made or deemed to be made under the said
Ordinance and in force immediately before the commence-
ment of this Act shall continue in force and be deemed to
be an order made 'under this Act; and all appointments
made, licences or permits granted and directions issued
Substituted by Adaptation of Laws Order, 10.50.
OF 1946] The Essential Supplies (Temporary Powers) Act, 1946 385
under any such order and in force immediately before uch
commencement shall likewise continue in force and be
deemed to be made, granted or issued in pursuance of this
Act.
(3) For the removal of doubts it is hereby declared
(a) that for the purposes of the said Ordinance and this
Act an order of the nature referred to in section
5 of the said Ordinance made before the commence-
ment of the said Ordinance and not previously
rescinded shall be deemed to be, and always to have
been, an order in force immediately before such
commencement, notwithstanding that such order
or parts of it, may not then have been in opera-
lion, either at all or in particular areas ;
(b) that for the purposes of this Act an order made or
deemed to be made under the said Ordinance
and not rescinded prior to the commencement of
this Act shall be deemed to be an order in force
immediately before the commencement of this Act,
notwithstanding that such order, or paits of it, may
not then be in operation, either at all or in parti-
culai areas.
'[ (4) If immediately befoie the day on which this Act
comes into force in a Pait B State, there is in force in that
State any law which corresponds to this Act, such corres-
ponding law shall on that day stand repealed in so far as it
relates to any of the essential commodities governed by
this Act :
Provided that any order made and in force immediately
before that day in the said State shall continue in force
arid be deemed to be an order made under this Act, and all
appointments made, licences or permits granted, and direc-
tions issued, under any such order and in foree immediately
before that day shall likewise continue in force and be
deemed to be made, gi anted or issued in pursuance o< this
Act.]
Inserted by Act 52 of 1 950.
THE COCHIN PROCLAMATION
XVIII of 1942 (1117)
Promulgated by His Highness Sree Kerala Verma, Maharaja-
of Cochin, on the Qth day of Edavam 1117 corresponding to
the nth day of June 1942.
WHEREAS it is necessary to provide that lessees shall not be
entitled to claim value for the improvements effected by
them during the period of the lease in respect of lands
leased to them in pursuance of the Scheme for Food Produc-
tion ; WE are hereby pleased to command as follows :
Notwithstanding the provisions contained in the Cochin
Tenancy Act, XV of 1 1 13, relating to the payment of com-
pensation for improvements, no lessee to whom land has
been leased in pursuance of the Scheme for Food Production
initiated by Government shall, in the absence of a contract
to the contrary, be entitled to claim nor shall the lessor be
liable to pay value for the improvements, if any, effected
by the lessee during the period of the lease or the period
during which he holds over the property without the consent
in writing of the lessor :
Provided that this Proclamation shall not apply to leases
granted without the previous approval in writing of the
Commissioner of Food Production.
THE BOMBAY GROWTH OF FOODCROPS
ACT, 1944 (AMENDED BY BOM.
16 OF 1944)
*Bombay Act No. VIII of 1944'
An Act to provide for regulating the cultivation of
crops with a view to growing more foodcrops in
the Province of Bombay.
WHEREAS it is expedient to piovide foi regulating the
cultivation of crops with a view to gi owing more foodcrops
in the Province of Bombay ;
AND WHEREAS the Governor of Bombay has assumed to
himself under the Proclamation dated the 4th November
1939, issued by him under section 93 of the Government
26 Geo. 5. f India Act, 1935, all powers vested by or under the said
Ch. 2. Act in the Provincial Legislature;
Now, THEREFORE, in exercise of the said powers, the
Governor of Bombay is pleased to make the following Act :
i. (i) This Act may be called the Bombay Growth of Short title,
Foodcrops Act, 1941. extent and
j. j ^j j. i rTkmmpnr***-
commence-
(2) It extends to the whole of the 2 [State] of Bombay, ment.
but shall come into force in any area thereof only on such
date as the 2 [State] Government may by notification in
the official Gazette appoint in this behalf for that area
3 [save as follows, namely, section loA shall take effect only
in such area, and from such date as the 2 [State] Govern-
ment may, by like notification, specify in this behalf],
2. In this Act, unless theie is anything repugnant in the Definitions,
subject 01 context,
(1) "cultivator" means a person who is actually in posses-
sion of agricultural land whether as an occupant,
tenant or otherwise, and includes a company and a
joint family or a group of persons in joint actual
possession ;
(2) "cultivator's holding" means the aggregate of all
lands in the actual possession of a cultivator ;
(3) "scheduled foodcrop" means a crop specified in
Schedule I;
(4) "scheduled non-foodcrop" means a crop specified in
Schedule II;
(5) Words and expressions used in this Act but not defined
shall have the same meaning as in the Bombay Land
RevtaiueCode. 18,9.
* This act was re-enacted by Bom. 2 of 1948, s. 2.
1 For the Statement, see Bombay Government Gazette, 1944, Part IV, p. 125.
9 Substituted by the Adaptation of Laws Order, 1950.
3 These words, figures and letter were added by Bom. 16 of 1944, s. 2, read with Bombay a cf
1948, s. a,
387
388 The Bombay Growth of Foodcrops Act. 1944 [ACT vni
Powers to 3. The 1 [State] Government may by an order published
prescribe j n fa t official Gazette and in such other manne. as it may
of amt exMng consider expedient direct that in any specified area every
proportion of cultivator shall giow scheduled foodcrops in such area of
growing his holding in the twelve months immediately following the
foodcrops. date of the crder as bears to the total area of his holding a
propoition not less than that which the area of such crops
grown by him in the twelve months previous to the date of
ordei before to the total area of his then holding:
Provided that where a cultivator had no holding in the
twelve months previous to the date of the order 01 where
information regarding the area of the scheduled foodcrops
grown in a cultivator's holding during the said twelve months
is not available, the proportion for the purposes of this
section shall be deemed to be such as may be fixed in the
order .
Explanation. Where a scheduled food crop is grown as
a mixed crop with any crop other than a scheduled food crop,
the rrea under such scheduled foodcrop shall, for the purposes
of this section, be deemed to be not more than "[1/4, or such
other pr oportion as may be fixed in this behalf by the J [State]
Government either generally or in relation to any particular
area or any particular mixed crop by notification published
in the official Gazette and in such other manner as it may
consider expedient, whichever is greater,] of the total area
under such mixed crop.
Power to 4< if t } ie i [State] Government is satisfied that it is
ximum C pro- necessary in the interests of the Province to increase the
portion of production of scheduled foodcrops in any local area, it may
non-food- by an order published in the official Gazette and in such
crops and o ther manner as it may consider expedient
minimum
proportion of ^ prescribe the minimum proportion of the cultivator's
begrown S . t0 holding in which scheduled foodcrops shall be
grown after the date of the order in any cultivator's
holding in that area during the twelve months
immediately following the date of the order;
(b) prescribe the proportion in excess of which scheduled
non-foodcrops shall not be grown after the date of
the order in any cultivator's holding in that area
during the twelve months immediately following
the date of the order.
Explanation. Where a scheduled foodcrop is grown as
a mixed crop with any crop other than a scheduled foodcrop,
the area under such scheduled foodcrop shall, for the purposes
of this section, be deemed to be not more than a [i/4, or such
other proportion as may be fixed in this behalf by the x [State]
Government either generally or in relation to any parti-
cular area or any particular mixed crop by notification pub-
lished in the official Gazette and in such other manner as it
may consider expedient, whichevei is greater,] of the total
area under such mixed crop.
i Substituted by the Adaptation of Laws Order, 1950.
a These figures and words were substituted for the figures "J" by Bom. 16 of 1944, s. 3, read
with Bom. a of 1948, s. a.
OF 1944] The Bombay Growth of Foodcrops Act, 1944 389
5. The 1 [State] Government may by an or ei published Power to
in the official Gazette and in such other manner as it may P rohl . bit
consider expedient direct that in any area s ecified in the non^fo<?d?
order scheduled non-foodcrops shall not be grown after crops in
the date of the order in that part of a cultivator's holding successive
in which they were grown in the previous twelve months. years.
6. The l [State] Government may add to, mend, vary Power to res-
or rescind any order issued under sections 3, 4 01 15 if in its cm j* . r am ~
. . , 7 . r i end orders.
opinion the circumstances ot a season or any other reasons
make this desirable.
2 [6A. The J [State] Government may, by notification in Power of
the official Gazette direct additions to or omission from the * [State]
list of crops specified in Schedule I 01 Schedule II either
generally or with reference to any particular area specified Schedules
in any such notification, and the Schedule shall on the issue
of the notification be deemed to be amended accordingly.]
7. The l [State] Government may wholly or partially Power to
exempt any cultivator's holding or class of such holdings exempt.
from any or all the provisions of this Act or any order made
thereunder.
8. An order issued under section 3, 4, 5 or 6 shall have Effect of
effect notwithstanding any contract to the contrai y between orders incon-
the cultivator and any other person interested in the agiicul- sistent with
tural land affected by such order.
9. The * [State] Government shall, by an ordei published Fixation and
in the official Gazette and in such other mannei as it may guarantee of
consider expedient, fix and guarantee prices foi all cereal prices of
foodcrops grown in any cultivator's holding in each of the fooclcro P s -
areas in respect of which an order under section 3 or 4 is
issued.
10. (i) The 1 [State] Government may remit any part Reduction of
of land revenue or irrigation dues if in its opinion it is neces- revenue or
sary to do so in respect of any area to which an order under irrigation
section 4 applies. dues and
^ rr rent.
(2) Whenever remission is granted in any area under sub-
section (i), rents payable by a cultivator to his superior
holder in such area shall be adjusted in accordance with
Bom V section 84A of the Bombay Land Revenue Code, 1879.
3 [ioA. (i) In the aieas where this section takes effect Determina-
under th provisions of sub-section (2) of section i, it shall tion of rent.
be lawful for a tenant who is compelled to grow scheduled
foodcrops on any land by the operation of an order under
section 4 to apply in writing to the Mamlatdar within whose
jurisdiction the land is situated for determination of the rent
to be paid by him in respect of the land; and thereupon
1 Substituted by the Adaptation of Laws Order, 1950.
2 This section was inserted by Bom. 16 of 1944, s. 4, read with Bom. 2 of 1948, s. 2.
3 This section was inserted, ibid., s. 5.
3QO The Bombay Growth of Foodcrops Act, 1944 [ACT VHI
notwithstanding anything contained in any law for the time Bom.
being in force (including the Bombay Small Holders Relief VIII
Act, 1938, the B mbay Tenancy Act, 1939, and the Bombay g^m
Land Improvements Schemes Act, 1942) or any usage or xxiX
agreement or decree or order of a Court of Law, the rent O f 1939.
payable by the tenant in respect of the land on which scheduled Bom.
foodcrops are compulsorily grown shall be the rent deter-
mined under this section. The application shall be made
in such form as may be prescribed by rules and shall be
filed before the end of the tenancy year terminating on the
3ist March.
(2) On receipt of an application under sub-section (i)
the Mamlatdar shall give notice t > the landlord and after
holding a formal inquiry in the manner provided in the
Bombay Land Revenue Code, 1879, shall determine the Bom. V.
rent of the land. " of 1879.
(3) Any party aggrieved by the decision of the Mamlatdar
und^r sub-section (2) may, with'n one month from such
decision, file an appeal beiore the Assistant or Deputy Collec-
tor in charge of the taluka in which the land is situated.
(4) The Assistant or Deputy Collector in appeal may for
reasons to be recorded in writing annul, reverse, modify
or confirm the decision of the Mamlatdar or he may diiect
further inquiry to be made on any point or take additional
evidence as he may think necessary.
(5) The following factors shall be taken into consideration
in determining the rent :
(i) the rental values of similar lands used for purposes
of growing scheduled foodcrops in the locality ;
(it) the prices of scheduled foodcrops in the locality ;
(Hi) improvements, if any, made in the land by the
landlord during the tenancy year ;
(iv) assessment payable in respect of the land; and
(v) such other f ctois as may be prescribed by rules.
(6) The Mamlatdar and the Assistant or Deputy Collector
in proceedings under this section shall have the same powers
as are vested in Courts in respect of the following matters
under the Code of Civil Procedure, 1908, in trying a suit, Vof 1908.
namely :-*-
(i) proof of facts by ^affidavit ;
(u) summoning and enforcing the attendance of any
person and examining him on oath; and
(iii) compelling the production of documents.
The Mamlatdar and the Assistant or Deputy Collector may
have- also such other powers as may be prescribed by rules.
OF 1944] The Bombay Growth of Foodcrops Act, 1944 391
(7) The Mamlatdar or the Assistant or Deputy Collector
may award costs in any proceedings under this section and
such costs, together with the cost of execution, shall be
recoverable from the party ordered to pay them as an airear
of land revenue.
(8) Every oidei passed by the Mamlatdar under this
Act, if not appealed against, and every ordei passed by the
Assistant or Deputy Collector in appeal, shall hold good
only in tespect of the tenancy year corcerned and shall not
be called in question in any Court.
(9) Notwithstanding anything contained in the Court-
VII of 1870. fees Act, 1870, every application un er this section to the
Mamlatdar and every appeal to the Assistant or Deputy
Collector shall bear a court-fee stamp of such value as may
be prescribed by rules.
(10) Any party to proceedings under this section may
appear by any person author is d in writing to act on his
behalf.
Explanation. For the purpose of this section, the word
"Mamlatdar" includes a Mahalkari and any other officer
appointed by the Commissioner to perform the duties of a
Mamlatdar in respect of any area under this section.]
11. (i) If any cultivator contravenes an order made Penalty,
under section 3, 4, 5 or 6, he shall be punishable with fine
which may extend to fifty rupees in relation to every acre
or less of land in respect of which the order is contravened.
Explanation. If the cultivator is a company or a joint
family, the principal officer of such company or the karta
of the joint family, as the case may be, shall be deemed to
be the cultivator.
(2) Any Court trying such contravention may direct that
any crop not being a scheduled foodcrop in respect of
which the Court is satisfied that the order has been contra-
vened shall be forfeited to l [State Government] or, if the crop
has been disposed of, such sum as may be equivalent to the
fair value of the crop as may be determined by the Court
shall be recovered as an arrear of land revenue.
12. The powers conferred on the 2 [State] Government Delegation of
under this Act may, subject to such restrictions and conditions P ^"-
as it may impose, be delegated by it in whole or in part to
the Commissioners or Collectors.
13. (i) The 2 [State] Government may by notification Power to
in the official Gazette make rules for carrying out the provi- make rules,
sions of this Act.
1 Substituted by the Adaptation of Laws Order, 1950.
* Substituted by ibid.
392 The Bombqy Growth of Foodcrops Act, 1944 [ACT vra OF 1944]
(2) The rules made under this section shall be made
after previous publication.
Food Grains
1. Rice.
2. Wheat.
3. Jo war :
(a) Kharif,
(b) Rabi.
4. Bajri.
5. Ragi.
Pulses
1 . Gram.
2. Tur.
3. Pavata.
4. Mug.
5. Math.
6. Udid.
j. Cotton.
SCHEDULE I
6. Maize.
7. Kodra.
8. Barley.
9. Sama.
10. Rala.
11. Vari.
7. Wai.
8. Chavli.
9. Kulthi.
10. Peas.
11. Lentil.
12. Lang.
SCHEDULE II
2. Tobacco.
THE SAURASHTRA GROWTH OF FOOD-
CROPS ORDINANCE, 1948*
Ordinance No. XIX of 1948
An Ordinance to provide for regulating the cultiva-
tion of crops with a view to growing more food-
grains in Saurashtra.
WHEREAS it is expedient to provide for regulating the
cultivation of crops with a view to gi owing moie food crops
in the State of Saurashtra.
Now THEREFORE in exercise of the powers confeired by
clause 3 of Article IX of the Covenant entered into by
the Ruleis of Kathiawacl, the Raj-Pramukh is pleased to
make and piomulgate the following Ordinance.
1, (i) This Ordinance may be called the Saurastra Growth Short title,
of Foodcrops Ordinance, 1948. extent and
commence-
() It extends to the whole of the State of Saurashtra. ment.
(iii) It shall come into force at once.
2. In this Ordinance, unless there is anything repugnant Definitions,
in the subject 01 context,
(1) "Cultivator" means a person who is actually in poss-
ession of agricultural land whether as an owner,
occupant, tenant or otherwise and includes a
company 01 a joint family 01 group of persons in
joint actual possession;
(2) "Cultivator's holding" means the aggregate of all
lands in the actual possession of a cultivator;
(3) "Scheduled foodcrop" means a crop specified in
Schedule I;
(4) "Scheduled crops" means crops specified in Sche-
dule II;
(5) "Government" means Government of Saurashtra;
(6) "Tenant" means a lessee, whether holding under an
instrument, or under an oral agreement, and
includes a mortgagee of a tenant's rights with
possession.
(7) "Occupant" means a holder in actual possession of
unalienated land, other than a tenant; provided
that where the holder in actual possession is
tenant, the landlord or superior landlord, as the
case may be, shall be deemed to be occupant.
The ordinance has now been replaced by another order of similar type.
394 The Saurashtra Growth of Foodcrops Ordinance, 1948 [ORD. xix
Powers to 3. The Government may by order published in the official
prescribe Gazette and in such other manner as it may consider expe-
mamtenance ., .. . .~ , i ... ifii
of existing dient, direct that rn any specified area every cultivator shall
proportion of grow scheduled foodcrops in such area of this holding in the
foodgrowing twelve months immediately following the date of the order
foodcrops. as k ears to tne tota } areas o f his holding a proportion not
less than that which the area of such crops grown by him in
the twelve months previous to the date of the order bore
to the total area of his then holding:
Provided that where a cultivator had no holding in the
twelve months previous to the date of the order 01 where
information regarding the area of the scheduled foodcrops
grown in a cultivator's holding during the said twelve
months is not available the proportion for the purpose of
this section shall be deemed to be such as may be fixed in
the order.
Explanation. Wheie a scheduled foodcrop is grown as
a mixed crop with any ciop othei than a scheduled food-
crop, the area under such scheduled focdcrops shall for the
purposes of this section be deemed to be such proportion of
the mixed crop area as may be fixed in this behalf by the
Government either generally or in any particular area or
for particular mixed crop by notification published in the
Saurashlra Gazette.
Powers to ^ If the Government is satisfied that it is necessary in the
prescribe interest of the State of Saurashtra to increase the production
maximum /* i i i i r i 11 .
proportion f scheduled ioodcrops in any local area, it may Ly an
on non-food-order published in the official Gazette and in such other
crops and manner as it may consider expedient,
minimum
{oodcrop* 1 to ( a ) prescribe the minimum proportion of the cultivator's
be grown. holding in which scheduled foodcrops shall be
grown after the date of the order in any culti-
vator's holding in that area during the twelve
months immediately following the date of the
order;
(b) prescribe the proportion in excess of which sche-
duled non-food crops shall not be grown aftei the
date of the order in any cultivator's holding in
that area during the twelve months immediately
following the date of the order.
Explanation. Where a scheduled foodcrops is grown as a
mixed crop with any crop other than a scheduled foodciop
the area under such scheduled foodcrops shall for the
purposes of this section be deemed to be such proportion of
the mixed crop area as may be fixed in this behalf by the
Government either generally or in relation to any particular
mixed crop by notification published in the Saurashtra
Gazette.
OF 1948] The Saurashtra Growth of Foodcrops Ordinance, 1948 395
5. The Government may by an order published in the Power to pro-
official Gazette and in such other manner as it may consider oj- bit n ^]food
expedient diiect that in any area specified in the order crops n n" uc .
scheduled non-foodcrops shall not be grown after the date cessive years,
of this order in that part of cultivator's holding in which
they were grown in the previous twelve months.
6. The Government may add to amend, vary or rescind Power to
any order issued under section 3, 4 or 5 if in its opinion th^moid or
circumstances of a season or any other reason make this or ^ ers>
desirable.
7. The Goveinment may, by notification in the official Power of
Gazette, direct additions to or omissions from the list of ^ ver a^eTd
crops specified in Schedule I or Schedule II either generally schedules,
or with reference to any particular arei specified in any
such notifications, and the Schedule shall, on the issue of
the notification, be deemed to be amended acccrdingly.
8. The Government may wholly or partially exempt Power ro
any cultivators holding or class of such holding from any or 6 * 6111 ? 1 -
all the provisions of this ordinance or any order made
thereunder .
9. An order issued under this ordinance shall have effect Effect of
notwithstanding any contract to the contrary between the orders incon-
cultivator and any other person's interest in the agricultural sistent with
iirY A iiii contracts to
land affected by such order. the contrary ,
10. The Government shall, by an ordei published in the Fixation and
official Gazette and in such other manner as it may consider guarantee of
expedient, fix and guarantee prices for all cereal foodcrops P r i ces of food
grown in any cultivator's holding in each of the areas in crops '
respect of which an order under section 3 or 4 is issued.
n. (i) The Government may remit any part of land Reduction of
revenue or irrigation dues if in its opinion it is necessary to revenues or
do so in respect of any area to which any order under section 4 irn S atlon
,. r ; 7 ^ dues and
applies. rent>
(2) Whenever remission is granted in any area under
sub-section (i), rents p yable by a cultivator to his superior
holder in such area shall be adjusted in the mannei prescribed
by th? Govenim~nt.
12. (i) In the areas where this section takes effect under Determina-
the provisions of sub secti n (2) of section i, it shall be lawful tion of rent,
for a tenant who is compelled to grow scheduled foodcrops
on any land by the operation of <n order under section 4
to apply in writing to the Mamlatdar, or Revenue Officer
specially authorised in that behalf, within whcse jurisdiction
the land is situated, for determination of the rent to be paid
by him in respect of the land; - nd ther upon notwithstanding
anything contained in any law for the time being in force,
or any usage rr agreement or decree or order of a Court of
Law, the rent payable by the tenant in respect of the land on
which scheduled f odcrops are compulsorily grown shall
396 The Saurashtra Growth of Foodcrops Ordinance^ 1948 [QRD-XIX
be the rent determined under this section The application
shall be made in such form as may be pi escribed by rules
and shall be filed before the end of the tenancy year termi-
nating on the 3ist March.
(2) On receipt of an application under sub-section (i)
the Mamlatdar shall give notice to the landlord and after
holding a formal inquiry in the manner prescribed by Govern-
ment shall determine the rent of the land.
(3) Any party aggrieved by the decision of the Mamlatdar
under sub-section (2) may, within one month from such
decision, file an appeal before the Deputy Collectoi in charge
of the Taluka or Mahal in which the land is situated.
(4) The Deputy Collector in appeal may for reason to be
recorded in writing annul, reverse, modify or confirm the
decision of the Mamlatdar or he may direct further inquiry
to be made on any point or take additional evidence as he
may think necessary.
(5) The following factors shall be taken into consideration
in determining the rent :
(i) the rental values of similar lands used for purposes
of growing scheduled foodcrops in the locality;
(it) the* prices of scheduled foodcrops in the locality;
(iii) improvements, if any, made in the land by the
landlord during the tenancy year;
(iv) assessment payable in lespect of the land; and
(0) such other factors as may be prescribed by rules.
(6) The Mamlatdar and the Deputy Collectoi in proceed-
ings under this section shall have the same powers as are
vested in Courts in respect of the following matters under
th Code of Civil Procedure, 1 908, as adapted and applied
in trying a suit, namely :
(1) proof of facts by affidavit;
(ii) summoning and enforcing the attendance of any
person and examining him on oath; and
(iii) compelling the production of documents.
The Mamlatdar and the Deputy Collector may have also
such othei powers as may be prescribed by rules.
(7) The Mamlatdar or the Deputy Collector may award
costs in any proceedings under this section and such costs,
together with the cost of execution, shall be recoverable
from the party ordered to pay them as an arrear of land
revenue.
(8) Every order passed by the Mamlatdar under this
Ordinance if not appealed against and every order passed
by the Deputy Collector in appeal, shall hold good only in
respect of the tenancy year concerned and shall not be called
in question in any court.
OF 1948] The Saurashtra Growth of Foodcrops Ordinance, 1948 397
(9) Notwithstanding anything contained in the law
relating to Court-fees for the time being in force in the
State of Saurashtra, every application under this section to the
Mamlatdar and every appeal to the Deputy Collector shall
bear a Court-fee stamp of such value as may be prescribed
by rules.
(10) Any party to proceeding under this section may
appear by any person authorised in writing to act on his
behalf.
Explanation. For the purposfc of this section the word
"Mamlatdar" includes a Mahalkari and any other officer
appointed by the Government to perform the duties of a
Mamlatdar in respect of any area under sub-section (2) of
this section.
13. (i) If any cultivator contravenes any order made Penalty,
under this Ordinance he shall be punishable with fine which
may extend to five hundred rupees in relation to every acre
or less of land in respect of which the order is contravened.
Explanation, If the cultivator is a ccmpany or a joint
family, the principal officer of such company or the karta
of the joint family, as the case may be, shall be deemed to
be the cultivator.
(2) Any court trying such contravention may direct that
any crop not being a scheduled foodcrop in respect of which
the Court is satisfied that the order has been contravened
shall be forfeited to the State of Saurashtra or, if the crop
has been disposed of, such sum as may be equivalent to the
fair value of the crop as may be determined by the Court
shall be recovered as an arrear of land revenue.
14. The powers conferred on the Saurashtra Government Delegation of
under this Ordinance may, subject to such restrictions and powers,
conditions as it may impose, be delegated by it in whole
or in part to the Collectors or Deputy Collectors.
15. Th- Government may by notification in the official powers to
Gazette make rules for carrying out the provisions of this make rules.
Ordinance.
SCHEDULE I
1. Rice.
2. Wheat.
3. Jowar: (a) Kharif, (b) Rabi.
4. Bajri.
SCHEDULE II
1. Cotton.
2. Oil seeds such as til, erdi, groundnuts and others.
3. Tobacco.
4. Pulses of all kinds
Preamble.
THE HYDERABAD RESTRICTION OF CASH
CROPS CULTIVATION REGULATION,
1944
WHEREAS the present - onditions demand to restrict the
cultivation of cash crop, and to increase the cultivation of
food crops ;
AND WHEREAS the only method to achieve this object
in the opinion of the Gov rnment is to levy a tax on the
cultivation of ca h crops and on the < ales of their produce;
It is hereby ordered as follow^
t tit] !i * This Regula ion may be called the "Restriction of Cash
extent and / ^ t n -n / i i n r
commence- ^rop Cultivation Regulation and shall come into force
ment. in the whole of H.E.H. the Nizam's Dominions from the
date of its publication in the Jarida.
Definitions.
2. In this Regulation unless ther:- is anything repugnant
in the subject or context,
l [(a) Cash crop means a crop of groundnut or such other
crop, not being a crop of cotton, as may from time to
time be notified by Government in the Jarida;]
(b) "Approved Mixture" means growing of food and
non-food crops in the specified areas in such proportion as
may from time to time be prescribed;
(c) "Actual holder of .agricultural Land" means such
persons who is in actual possession of agricultural land
whether such possession is in the capacity of a mortgagee,
pattedar, shikmidar, hissedar or as a mishikmi or in any
other capacity;
(d) "Sale" with all its grammatical variations and
cognate expressions means every transfer of the produce of a
cash crop by one person to another in course of or in connec-
tion with trade or business or otherwise for cash or for any
other consideration which may be converted into cash,
made on promise of immediate or future payment of the
consideration, but shall not include a mortgage, charge or
any other pledge;
Explanation. Sale shall include such transfer of the produce
of a cash crop in which in spite of a promise to pay the consi-
deration by instalment or otherwise the nature of the con-
tract is such that the retention of title or ownership of the
seller in the sale is deemed to be implied in some form or
other till the consideration is fully paid;
1 Substituted by Hyderabad Act XX of 1951.
398
Hyderabad Restriction of Cash Crops Cultivation Regulation, 1944 399
(t) '{Processing in respect of the produce of a cash crop
includes decortication of groundnuts, expulsion of oil from
groundnut and such other processes as may be prescribed in
the rules made under this Regulation in respect of processing
these crops or other prescribed cash crops.]
(f) "Prescribed" means such matters as may be fixed
by rules made under this Regulation;
() Words and expressions used in this regulation but
not specifically defined herein shall have the same meaning
as assigned to them in the Hyderabad Land Revenue Act, VI 1 1
of 1317 Fasli.
2 [3. Subject to the provisions of section 7 of this Regulation Tax on cash
every holder of agricultural land in any part of the Dominions cr P s -
inclusive of non-khalsa areas, who has cultivated cash
crops in his land shall pay to Government a tax in respect of
cultivation in addition to land revenue or other tax which
may be recoverable under any law for the time being in
force, at such rate as may from time to time be prescribed
by the President-in-CounciL]
4. All the proceeds of the Cash Crops Tax shall be credited The income
entirely to Government (Diwani) om _ t ^ ie
v Cash Crops
Tax shall be
credited to
5. (i) The Cash Crops Tax due from a person under this Cash Cro ^
"Regulation shall be recoverable as arrears of land revenue Tax shall be
and shall be recovered along with land revenue. recoverable
as arrears of*
(2) In non-khalsa areas, the person responsible for the land revenue-
collection of land revenue shall recover on behalf of Govern-
ment (Diwani) the Cash Crops Tax due under this Regula-
tion and deposit the collected Tax in the nearest Government
(Diwani) Treasury.
(3) The President-in-Council may allow remuneration
for service to Patel, Patwari or other persons on the Cash
Crops Tax revcovered at the prescribed scale.
6. The President-in-Councii may, by rules made under Growing of
this Regulation, prescribe approved mixture for specified a P nrovec *
areas for the purposes of this Regulation : mixture.
Provided that the proportion of the area under food
crops and cash crops shall not be varied until notice of such
variation is given sufficiently before the cultivating season
and no such variation shall affect a crop which has been
sown before the variation was notified.
7. (i) An actual holder of agricultural land who grows Privileges of
approved mixture shall be exempt from the liability to pay growers of
the Cash Crops Tax on the area of cash crops and he shall approved
have the right to sell the food crop grown by him to Govern- mixture>
ment at the price fixed by Government from time to time.
Delivery may be made at the nearest godown of Hyderabad
Commercial Corporation or such other Government godown
or place as may be notified.
1 Substituted by Hyderabad Act XX of igr,i.
2 As amended by Regulation, dated 26th Azur 57 Fasli, published in Jarida No. 6 of loth Dai
400 The Hyderabad Restriction of Cash Crops Cultivation Regulation, 1944
(2) Every grower of approved mixture may for the
purpose of acquiring his rights mentioned in sub-section (i)
submit an application to the concerned Girdawar or to such
other officer as may be appointed by the President-in-Council
in this behalf. Such Girdawar or officer, to whom such
application is submitted shall, after local inspection, forward
the application with his opinion to the Tehsildar who shall
either admit or reject the application.
(3) When an application under sub-section (2) has been
rejected the Taluqdar may, either suo-motu or on an appeal
submitted to him confirm or vary the order of the Tehsildar.
(4) The Subedar may, either suo-motu or on an application
being submitted vary the order passed by the Taluqdar
according to his discretion and his decision in this behalf
shall be conclusive.
Commercial 8. (i) Besides the tax which shall be levied on cash crops
Tax on Cash un d er section 3 President-in-Council may impose a Commer-
rops * cial Tax on the sales or the processing in respect of the produce
of cash crops at such rate as may be notified from time to
time in the Jarida and which in no case shall be less than 5
per cent, and more than 1 5 per cent, of the sale price :
Provided that the Commercial Tax having once been
paid on any quantity of such produce, no Tax shall be
payable on any subsequent sale transactions.
(2) When a Commercial Tax is imposed under sub-section
(i) on sale or processing the provisions of sections 3 to 7
with regard to the recovery of the Cash Crops Tax, the credit-
ing of the proceeds of the said Tax and the privileges of
growers of approved mixture shall apply to such tax in the
same manner as if they were enacted with respect to the
Commercial Tax alone.
Explanation. For the purposes of levying the Commercial
Tax on groundnut under this section, groundnut means
both shelled and unshelled groundnut.
Bar of pro- g. No Civil Court shall entertain any suit or application
C^HSQ t n * n res P ect f a matter covering this Regulation or institute
" any other proceedings in that behalf.
Utilisation of JO . The proceeds of the taxes recovered under this Regu-
Taxes. lation shall be credited to a separate fund which the Govern-
ment shall utilise at its discretion to induce and entice the
growing of food in the maximum quantity and for allied
purposes of the same kind.
Power to ii The President-in-Council may frame rules for carrying
make rules, into effect the provisions of this Regulation which shall not
be inconsistent with the provisions of this Regulation.
l Substituted hv ibid.
THE WEST BENGAL LAND DEVELOP-
MENT AND PLANNING ACT, 1948
West Bengal Act XXI of 1948
An Act to provide for the acquisition and develop-
ment of land for public purposes
WHEREAS it is expedient to provide for the acquisition and
development of land for public purposes;
It is hereby enacted as follows :
i. (i) This Act may be called the West Bengal Land Short title,
Development and Planning Act, 1948. extcnt and
r J commence-
(2) It extends to the whole of West Bengal; but it shall ment.
not apply to the Calcutta Municipality as defined in clause
Ben. Act (b) of section 2 of the Calcutta Improvement Act, 1911, or
V of 1911. to any area to which that Act has been extended under sub-
section (3) of section i thereof before the commencement of
this Act.
l [Explanation. For the purposes of this Act, the Calcutta
Improvement Act, 1911, shall not be deemed to have been
extended under sub-section (3) of section i of that Act to any
area if section 167 only of that Act has been extended to
such area.]
(3) It shall come into force on the date on which the
West Bengal Land Development and Planning Ordinance,
West Ben. 1948, ceases to operate.
Ord. II of ** ' ^
1948. 2. In this Act, unless there is anything repugnant in the Definitions*
subject or context,
(a) the expressions "land", "Collector" and "Com-
pany" respectively have the same meanings as in
I of 1894. the Land Acquisition Act, 1894 ;
(b) "development scheme" means a scheme for the
development of land for any public purpose;
(c) "notified area" means an area declared under sub-
section (i) of section 4 to be a notified area;
(d) "public purpose" includes
(i) the settlement of immigrants who have migrated
into the l [State] of West Bengal on account
of circumstances beyond their control,
(it) the establishment of towns, model villages and
agricultural colonies,
(Hi) the creation of better living conditions in urban
and rural areas, and
(iv) the improvem nt and development of agriculture,
forestry, fisheries and industries;
(e) "rules" means rules made uhder this Act.
1 Added by W. B. Act -49 of 1951.
8 Substituted by the Adaptation of Laws Order, 1950,
401
402
Appoint-
The West Bengal Land Development and Planning Act, 1948 [ACT xxi
3. The '[State] Government may appoint, in accord-
: ance with the rules, an authority (hereinafter referred to as
authority. l ' ie prescribed authority) for carrying out the purposes of
this Act.
Declaration 4- (i) The '[State] Government may, by notification in
of notified the official Gazette, declare any area specified in the noti-
area. fication to be a notified area if it is satisfied that any land
in such area is needed or is likely to be needed for any public
purpose and th Collector shall cause public notice of the
substance of such notification to be given at convenient
places in the locality in such manner as he may think fit.
(2) Thereupon it shall be lawful for rny person either
generally or specially authorised by such Government in this
behalf and for his servants and workmen,
to enter upon and survey and take levels of any land in
such area ;
to dig or bore into the subsoil :
to do all other acts necessary to ascertain whether the
land is suitable for such purpose ;
to set out the boundaries of the land proposed to be taken
and the intended line of the work (if any) proposed
to be made thereon;
to mark such levels, boundaries and line by placing marks
and cutting trenches; and
where otherwise the survey cannot be completed and the
levels taken and the boundaries and lines marked, to cut
down and clear away any part of any standing crop,
fence or jungle :
Provided that the person so authorised shall, at the time
of such entry, pay or t nder payment for all necessary damage
to bs done as aforesaid, and, in case of dispute as to the
sufficiency of the amount so paid or tendered, he shall at
once refer the dispute to the decision of the Collector or other
chief revenue officer of the district, and such decision shall
be final.
Preparation 5' (0 The r [State] Government may direct the pres-
and sanction- cribed authority, or, if it so thinks fit in any case, authorise
ing of deve- any Company or local authority, to prepare, in accordance
* with the rules, a development scheme in respect of any
notified area and thereupon such scheme shall be prepared
accordingly and submitted, together with such particulars
as may be prescribed by the rules, to the * [State] Govern-
ment for its sanction.
(2) A development scheme submitted to the l [State]
Government under sub-section (i) may be sanctioned by it
either without any modification or subject to such modifica-
tions as it may deem fit.
1 Substituted by ibid.
lopment
scheme.
OF 1948] The West Bengal Land Development and Planning Act, 1948 403
6. (i) When a development scheme is sanctioned under Declaration
sub-section (2) of section 5 and the '[State] Government^ a f cq l *jJ
is satisfied that any land in the notified area for which such nee d e d for
scheme has been sanctioned is needed for the purpose of development
executing such scheme, a declaration to the effect that such scheme,
land is needed for a public purpose shall, unless already
made in pursuance of section 7, be made by the x [State]
Government.
(2) The declaration shall be published in the official
Gazette, and shall state the district, or other territorial divi-
sion in which the land is situate, the purpose for which it is
needed, its approximate area, and, where a plan shall have
been made of the land, the place where such plan may be
inspected.
7. In cases of urgency, if in respect of any notified area Special
the l [State] Government is satisfied that the preparation ^eT^f ur-
of a development scheme is likely to be delayed, theg en cy.
1 [State] Government may, at any time, make a declaration
under section 6, in respect of such notified area or any part
thereof though no development scheme has either been
prepared or sanctioned under section 5.
8. A declaration under section 6 shall be conclusive Application
evidence that the land in respect of which the declaration is of Act I of
made is needed for a public purpose and, after making such l8 94 subject
declaration, the ' [State] Government may acquire the p ovigio ^ eC o r
land and thereupon the provisions of the Land Acquisition compensa-
I of 1804. Act, *^94 (hereinafter in this section referred to as the said tion.
Act), shall, so far as may be, apply :
Provided that
(a) if in any case the J [State] Government so directs,
the Collector may, at any time after a declara-
tion is made under section 6, take possession,
in accordance with the rules, of any beel> baor,
tank or other watery area, or any other waste or
arable land in respect of which the declaration
is made and thereupon such land shall vest
absolutely in the '[Government] free from all
encumbrances ;
Explanation. For the purposes of this clause the decision
of the ' [State] Government as to whether any
land is or is not waste or arable land shall be
final ;
(b) in determining the amount of compensation to be
awarded for land acquired in pursuance of this
Act the market value referred to in clause fast
of sub-section (i) of section 23 of the said Act
shall be deemed to be the market value of the
land on the date of publication of the notification
under sub-section (i) of section 4 for the notified
area in which the land is included subject to the
following condition, that is to say,
1 Substituted by ibid.
404 The West Bengal Land Development and Planning Act, 1948 [ACT xxi
if such market value exceeds by any amount the market
value of the land on the 3ist day of December,
1946, on the assumption that the land had been
at that date in the state in which it in fact was
on the date of publication of the said notifica-
tion, the amount of such excess shall not be taken
into consideration.
/
Power to 9 - Notwithstanding anything elsewhere contained in this
dispose of Act or in any rule or order made thereunder, the I [State]
land without Government may, if it so considers expedient, retain, let
development. on hi re? lease, sell, exchange or otherwise dispose of any
land acquired in pursuance ot this Act :
Provided that
(a) where the 1 [State] Government decides to lease
or sell any land acquired in pursuance of this
Act, the person or persons from whom the land
was so acquired shall, in such mannei as the
1 [Stale] Government may direct, be offeied a
prior right to take on lease or to purchase the
land on such terms and conditions as may be
determined by the 1 [State] Government;
(b) if, in any case two or more persons claim to exer-
cise a right offered under clause (0), the right
shall be exercisable by such of the claimants as
the ' [State] Government may determine.
Execution of i O . (i) The '[State] Government may direct the pres-
development cr ik ec [ authority to execute any development scheme sane-
scheme and .11 i / \ r *. i
disposal O ftioned under sub-section (2) ol section 5 or cause it to be
land. executed in accordance with the rules and upon the execu-
tion of the scheme as so directed the lands comprised therein
shall be disposed of by the Collector in such manner as may
be directed by the '[State] Government.
(2) If the J [State] Government so thinks fit, it may
also empower a Company or a local authority to execute, at
its own cost, any such development scheme and to dispose
of the lands comprised therein on such terms and conditions
including conditions relating to the manner of disposal of
land as may be settled by the J [State] Government and
embodied in an agreement to be entered into by the i [State]
Government and the Company or local authority, as the
case may be.
Withdraw^ I1U jf ? at any timCi ^e i [State] Government is satisfied
from ^om- ^ at an V ^ t ^ ie terms or conditions contained in an agreement
pany or referred to in sub-section (2) of section 10 is not being corn-
local author!- plied with, it may, by Older served in accordance with the
ty to execute ^j^ on ^ e Company or local authority, as the case may be,
Bcheme^or^to withdraw the power conferred on it to execute any
dispose of development scheme or to dispose of the lands comprised
land. therein or both and may thereafter make such arrangement
in that behalf as it may deem fit and proper.
i Substituted by ibid.
OF 1948] The West Bengal Land Development and Planning Act, 1948 405
12. No suit, piosecution or* other legal proceeding shall Protection of
lie against any person for anything which is in good faith JJ^j^ ta jiP
done or intended to be done in pursuance of this Act or Act.
any lule or order made thereunder.
13. The '[State] Government may, by notification in Delegation
the official Gazette, direct that any or all ot the powers ^ P owers -
conferred upon it by this Act shall be exercisable also by
such authority subject to such conditions, if any, as may be
specified in the notification.
14. (i) The r [State] Government may make rules foi Power to
carrying out the purposes of this Act. make ru l cs
(2) In particular and without prejudice to the generality
of the foregoing power, such rules may provide for all or any
of the following matters, namely :
(a) the designation, constitution and manner of appoint-
ment of the prescribed authority ;
(b) the picparation of development schemes and the
particulars to be submitted with development
schemes referred to in sub-section ( i } of section 5 ;
(c) the manner of taking possession of land refeired to
in clause (a) of the proviso to section 8 ;
(d) the execution of development schemes referred to in
section 10 ;
(e) the manner of service of orders referred to in sec-
tion 1 1 .
15. Any appointment or rules made or any notification Continuance
issued or anything done o. any action taken 01 any proceeding ^ action
commenced in exercise of any power conferred by or under ^J 1 ^gal
AVest Bengal the West Ben g al Land Development and Planning Ordi- Ordinance fl
Ord. II of nance, 1948, shall on the said Ordinance ceasing to operate, of 1948.
1048. be deemed to have been made, issued, done, taken or com-
menced in exercise of powers conferred by or under this
Act as if this Act had commenced on the 2jth day of April,
1948.
Substituted by ibi a.
THE UNITED PROVINCES RURAL DEVE-
LOPMENT (REQUISITIONING OF
LAND) ACT, 1948
Act No. XXVII of 1948
*
An Act to provide for the requisitioning of land to
promote the improvement and development of
agriculture and economic condition in rural areas.
WHEREAS it is expedient to requisition land required for
the development of agriculture and economic condition in
rural areas and to prescribe an expeditious procedure
for the determination of compensation to be paid on account
of such requisition ;
It is hereby enacted as follows .
Short title, ! (i) This Act may be called the United Provinces
extent and Rural Development (Requisitioning of Land) Act, 1948.
commence -
mcnt - (2) It shall extend to the whole of the '[Uttar Pradesh].
(3) This section shall come into force at once and the
remaining sections shall come into force 011 such date and in
such areas not being areas for the time being included in any
municipality, cantonment area or notified area as the
1 [State] Government may by notification in the official
Gazette specify in this behalf.
Definitions. 2. In this Act unless there is anything repugnant in
the subject or context
(1) "Compensation Officer" and "Requisitioning Autho-
rity" mean the Compensation Officer and the
Requisitioning Authority appointed as such by
general or special order by the ' [State] Govern-
ment provided that such person shall be the
Collector or an Assistant Collector nominated by
the Collector.
(2) "Public purpose" means for and in connection with
any of the following objects, that is to say,
(i) making, enlarging or deepening of tanks for
purposes of irrigation;
(ii) composting of village refuse or preparation of any
other form of manure ;
1 Substituted by the Adaptation of Laws Order, 1950.
406
,
The U.P. Rural DevelQptftent\Requisitwning of Land) Act, 1948 407
(iii) construction of guls for irrigation ;
(iv) plant nurseries ;
(v) any other object which the 1 [State] Government
may, after publication in the Gazette and after
considering any objection or suggestion which
may be received by notification in the Gazette,
declare essential for development of agriculture
or imp ovement of the life of community in
rural areas.
(3) "Land" includes tanks and things attached lo the
earth or permanently fastened to anything
attached to earth.
(4) "Prescribed" means prescribed by the rules made
under this Act.
(5) i [State] Government" means the Government of
the '[Uttar Pradesh].
(6) The expressions "Rent" and "Sayar" shall have the
meaning respectively assigned 10 them in the
United Provinces Tenancy Act, 1939.
3. If in the opinion of the Requisitioning Authority it is Procedure of
necessary or expedient so to do for a public purpose, it may, icquisition.
by order, requisition any land by serving on the owner and
occupier thereof and, when the owner or the occupier is not
readily traceable, or the ownership or the right to occupation
of the land is in dispute, or owing to the number of persons
entitled as owner or occupier it is riot reasonably conve-
nient to serve every one of them separately, by publishing,
in such manner as may be specified in that behalf, a notice
stating that the Requisitioning Authority, has decided to
requisition it in pursuance of this section, and may imake
such further orders including orders relating to the disposal,
possession and enjoyment of any trees and other crops of
any person st nding on such land as appear to it to be
necessary or e \pedient in connection with the requisiti ning.
4.. Where any land has been requisitioned under section 3 Use of requi-
the Requisitioning Authority or such other authority as wtioncd land,
may be prescribed may use it in such manner as may appear
to it to be expedient for any public purpose.
5, (i) The Requisitioning Authority mjy with a view Pow As of the
to r/t quisition any land under section 3 or determining the Requisition-
compensation then for by ord r %* Autho '
(fl) require any p ison to furnish to such authority as
may be specified in the ord'T such information
in his possession relating to the prop rty as may
be so specified, and
(b) direct that the wner or the occupier or person in
possession of the land shall not, without the per-
mission of the authority making the order,
dispose of it till the expiry of such period as
may be specified in the order.
Substituted by ibid.
408 The U.P. Rural Development (Requisitioning of Land) Act, 1948 [ACT xxvn
(2) Without prejudice to the powers conferred by sub-
section (i) any person or authority appointed in this behalf
by the Requisitioning Authority may enter any land and
inspect it for the purpose of determining whether, and if
so in what manner, an order under s ction 3 should be
made in relation to such land, or with a view to securing
compliance with any order made under section 3.
Application 6. A Society or a Union registered under the Co-operative
for rcquisi- Society Act, 191 2, or a Gaon Sabha under the United Provinces
Societ by Q T Panc}ia y at ^ a i Act > ! 947> ma Y in tne prescribed manner
Union. a PPty to tne Requisitioning Authority to requisition any
land for a public purpose specified in the appliration.
Declaration 7. If the Requisitioning Authority, after such inquiry
by the requi- an d i n such manner as it may de m fit, is satisfied that the
Authority on ' an d mentioned in the application under section 6 in needed
an applica- an< J 1S suitable for a public purpose, it shall make a declara-
tion by ation to that effect and except as provided in section 14 the
Society or same s hall be fin 1 and con lusive.
Union.
Requisition & Wh never any land shall have be n so d dared under
of land after section 7 to be needed or suitable fo' a public pu pose, the
declaration Requisitioning Authority may, subject to UK- general control
under section of ^ i|- State -| Q OV nment< requisition such land and
the provisions of this Act, in so far as they may be applicable,
shall apply to -uch 1 md.
Payments of 9. (i) Wher any land is requisitioned under section 3
compensa- there shall l_e paid to every person interested such compen-
tlon ' sati n as may be agreed upon in writing be ween such
person and the Requisitioning Authority in respect of
(a) the requisitioning of such land, and
(b) any damage done druing the period of requisi-
tioning to such land other than that which may
have been sustained by natural causes.
Explanation. For the pu poses of this sub-section the
deepening of a tank, making of pits for composting village
refuse is not darrage done to the land.
(2) Where no such agre ment can be reached, the Requi-
sitioning Authority shall refer matter with his recommenda-
tion as to the amount of comp nsation and the reasons
theiefor to the Compensation Officer and also direct the
person claiming compensation to appear before such officer
on such date as may be specified and the Compensation
Officer shall, on th date fixed in that behalf or on any
other date to which the hearing may be postponed, hear
such person and after such further inquiry as he may deem
fit, determine the amount of compensation which shall,
except as provided in section 12, be final and conclusive.
(3) The Compensation Officer shall in fixing the amount
of compensation have regard o
(a) the rent, if any, assessed on the land which has been
requisitioned;
1 Substituted by ibid. ~~
OF 1948] The U.P. Rural Development (Requisitioning of Land) Act, 1948 409
(6) the sayar income, if any, derived from such land ;
(r ) the value of any trees which as a result of the requi-
sition have to be r moved from the land; and
(d) the purpose for which it has been requisitioned and
shall also take into consideration the benefit
which the use of such land is likely directly or
indirectly to confer on any other property owned
or occupied by such person.
But he shall not take into consideration
(i) the value of trees, except trees mentioned in clause
(c), which may continue to be possessed and
enjoyed by the person entitled thereto,
(ii) the value of any crops which may be existing on
the land at the time of the requisition and
may be removed by him after such time as the
Requisitioning Authority may specify in that
behalf,
(iii) the value of any right of any person in or over the
requisitioned land enjoyment whereof has not
been suspended or otherwise prohibited.
(4) The compensation fixed under sub-section (i) deter-
mined under sub-section (2) shall be paid in such manner
as the parties may agree or as the case may be, the Compen-
sation Officer may direct.
10. (i) Where any land requisitioned under section 3 Release fn m
or 8 is to be released from requisitioning, the Requisitioning requisition.
Authority may, after making such inquiry, if any, as it
considers necessary, specify by order in writing the person
who appears to it to be entitled to the possession of such land.
(2) The delivery of possession of such land to the person
specified in the order made under sub-section (i) shall be
a full discharge of any liability of the T [State] Govern-
ment to deliver possession to such perron as may have
rightful claim to possession thereof but shall not prejudice
any right in respect of such land which any other person
may be entitled by due process of law to enforce against
the person to whom possession of the land is so delivered.
(3) Where the person to whom the possession of any
land requisitioned under section 3 or 8 is to be delivered
cannot be found or is not readily traceable or has no agent
or other person empowered to accept delivery on his behalf,
the ! [State] Government shall publish in the official
Gazette a notice declaring that such land is released from
requisitioning and shall cause a copy thereof to be affixed
on some conspicuous part of such land.
(4) When a notice referred to in sub-section (3) is pub-
lished in the official Gazette, the land specified in such
notice shall cease to be subject to requisitioning on and
from the date of such publication and shall be deemed to
have b:en d livered to the person entitled to possession
thereof.
Substituted by ibid.
410 The U.P. Rural Detelopment (Requisitioning of Land] Act, 1948 [ACT xxvii
(5) Upon delivery of possession under sub-section (2)
or (4), the 1 [State] Governmnet shall, . save as directed
by any order made under section 9, not be liable for any
compensation or other claims in respect of such land.
Vesting of ii. The Requisitioning Authority may vest the manage-
the manage- ment anc j superintendence of any land requisitioned under
superintend tms ^ ct * n tne Co-operative Society or the Union or the
dence of re- Gaon Sabha on such t rms and conditions as may be prescribed
quisitioned and any land so entrusted to any society, union or gaon
land. sabha shall be managed in such manner as may be prescribed.
Review of i 2 . The 1 [State] Government or the prescribed Autho-
the order r - t m ay review the order passed by the Requisitioning
passed by A i i 11 A r\cr
the Requisi- Authority under section 7 or by th? Compensation (Jrlicer
tioning Au- under sub-section (2) of section 9, if it is satisfied that grave
thonty. injustice has been done to a party.
Dues of i^. Any charges payable to the 1 [State] Government
the ^State] j^y a Co-operative Society, Union or Gaon Sabha or the
recoverable members of such body under the provisions of this Act or
as arrears the rules may be recovered from the society, union or sabha
oflandreve- or thei * members, as the case m iy be, as arrears of land
nue. revenu .
Court not to 14. (i) No order made in exercise of any power conferred
question any j^ or unc j er t n j s Act shall be called in question in any court
unto ^^Sc except as provided in this Act.
Act
(2) Where an order purports to have been made and
signed by any authority in exercise of any power conferred
under this Act, a court shall within the meaning of Indian
Evidence Act, 1872, presume that such order w r as so made
by that Authority.
Protection of 15. (i) Except as provided in this Act no suit or other
persons act- legal proceeding shall lie against any peison for anything
!u g A , under which is in good faith done or intended to be done in puisu-
the Act. r i A i i 11 i
ance of this Act or any rules or orders m de thereund r.
(2) No suit or other legal proceeding shall lie against
the l [State] Government for any damage caused or likely
to be caused by anything in good faith done or inUndcd to
be dr.ne in pursuance of this Act or any rule or order made
thereunder.
Rule-making 16. (i) The i [State] Government may make rules
power. consistent with this Act for the purpose of carr> ing out the
provisions of this Act.
(2) In particular and without prejudice to the generality
of the foregoing powers <uch rules may prescribe :
(a) the particulars which shall be entered in ?ny appli-
cation for requisition made by a co-operative
society or union or a gaon sabha ;
i Substituted by ibed.
OF 1948] The U.P. Rural Development (Requisitioning of Land) Act, 1948 41 1
(b) the procedure to be followed in inquiries held by
the Compensation Officer, or the Requisitioning
Authority ;
(c) the charges and the terms and conditions subject
to which the management and superintendence
may be vested in a co-operative society, union
or gaon sabha ;
(d) the manner and the principles on which the rents
arid sayar may be d< tvrmiiii d in the case of
t quLrilioned land ;
(e) the authority which can review und r section 12
the order passed by the Requisitioning Authority
and the procedure to be followed by it; and
(/) any other matter which is to be or may be prescribed.
Short title,
extent and
commence-
ment.
THE ORISSA DEVELOPMENT OF INDUS-
TRIES, IRRIGATION, AGRICULTURE, CA-
PITAL CONSTRUCTION AND RESETTLE-
MENT OF DISPLACED PERSONS (LAND
ACQUISITION) ACT 1948
Orissa Act XVIII of 1948
An Act to provide for the speedy acquisition of land for
the development of industries, irrigation, agricul-
ture, capital construction, resettlement of dis-
placed persons and for matters incidental thereto
for the Province of Orissa.
WHEREAS it is expedient to provide for the speedy acqui-
sition of land for the purposes of the development of industries,
irrigation, agriculture, capital construction, resettlement of
displaced persons and for matters incidental thereto in the
Province of Orissa ;
It is hereby enacted as follows :
1. (i) This Act may be called the Orissa Development of
Industries, Irrigation, Agriculture, Capital Constructions and
Resettlement of Displaced Persons (Land Acquisition) Act,
1948.
(2) It extends to the whole of the 1 [State] of Orissa.
(3) It shall come into force on such date or dates and in
such areas as the l [State] Government may, by notification,
appoint.
2. In this Act, unless there is anything repugnant in the
subject or context,
(a) "capital construction" means the construction of the
capital of the 1 [State] of Orissa ;
(b) "competent authority" means the Collector and
includes any other person appointed by the
1 [State] Government by notification to perform
all or any of the functions of a competent authority
under this Act;
(c) "development of industries" shall mean and include
the construction of the Hirakud Dam and other
dams and reservoirs, hydro-electric projects and
such other schemes or projects as the l [State]
Government may, by notification from time to time,
specify in this behalf ;
(d) "displaced person" means any person who, on
account of the setting up of the Dominions of
India and Pakistan, or on account of civil dis-
turbances or fear of such disturbances in any area
1 Substituted by the Adaptation of Laws Order, 1950.
412
Definitions.
The Orissa Development Act, 1948 413
now forming part of Pakistan, has been displaced
from or has left his place of residence in such area
after the ist day of March 1947 and who has subse-
quently been residing in India; or any person who
has been or may be displaced on account of
construction or proposed construction of any of the
projects referred to in sub-clause (c) above ;
(e) "land" includes benefits to arise out of land, and
things attached to the earth 01 permanently
fastened to anything attached to the earth,
3. (i) Whenever it appears to the a [State] Government Notice of
that it is necessary or expedient to acquire speedily any acquisition of
land for the purpose of the development of industry, irrigation, ^ an( ^'
agriculture, capital construction or the resettlement of dis-
placed persons or any matter incidental thereto, a notifica-
tion to that effect shall be published in the Gazette stating
the area and the boundaries of the land proposed to be
acquired and the competent authority shall cause public
notice of the substance of such notification to be given at
convenient places on or near the land to be acquired.
(2) Any notification issued under the provisions of section 4
I of 1894. of the Land Acquisition Act, 1894, for the acquisition of land
for a public purpose in respect of the Hirakud Dam, reservoir
and other necessary requirements of the Mahanadi Valley
Scheme or Machkund Hydro-Electric Project or the Capital
Construction Scheme before the commencement of this
Act shall be deemed to be publication of notification under
sub-section (i).
4. (i) As soon as may be after the publication of the Service on
notification under section 3, the competent authority shall owner or
cause to be served by registered post on the owner of the land ccu P* er **"
and also on the occupier in cases where the owner is not in^^ce of
occupation of the land or where the person to be served is not acquisition,
readily traceable or the ownership of the land is in dispute,
shall publish in the Gazette, a notice stating the particulars
specified in section 3. A copy of such notice shall be affixed
to some conspicuous part of the land proposed to be acquired
and shall be proclaimed by the beat of drums.
(2) Any notice issued under the provisions of section 4 of
I of 1894. the Land Acquisition Act, 1894, for the acquisition of land
for a public purpose in respect of the Hirakud Dam, reservoir
and other necessary requirements of the Mahanadi Valley
Scheme or Machkund Hydro-Electric Project or the Capital
Construction Scheme before the commencement of this
Act shall be deemed to be a service of notice on the owner or
occupiei for the purpose of sub-section ( i ) .
5. ( i ) When a notice of acquisition is seived or is published Vesting and
under section 4, the land shall vest absolutely in the ^State]
Government free from all encumbrances on the date the
notice is so served or published in the Gazette.
(2) The competent authority may, at any time after the
land has become so vested, proceed to take possession thereof :
1 Substituted by ibid.
414 The Orissa Development Act % 1948 [ACT xvm
Provided that such authority shall not take possession of
any building or part of a building under this sub-section
without giving to the occupier thereof at least forty-eight
hours' notice of his intention to do so, or such longer notice
as may be reasonably sufficient to enable such occupier to
remove his movable property from such building without
unnecessary inconvenience.
(3) The competent authority shall at the time of taking
possession of such land wheie there are standing crops and
trees (if any) prepare a record in the pro Bribed manner of
such crops and trees (if any) and shall oiler to the persons
interested compensation in respect thereof, and, in case such
offer is not accepted, the value of such crops and trees shall
be allowed for in awaiding compensation for the land under
the provisions herein contained.
Objections to 6. (i) Any person interested in anv laud which has become
acquisition, vested in the 1 [State] Government undci section 5 may,
within one month from the wstir. thereof, file his objection,
if any, to the acquisition before the competent authority
and such authority nut), afier making such enquiry as it
thinks fit, either dismiss the objection or release the land in
respect of which objection has been filed Jroiu acquisition.
(2) If any land is released from acquisition under sub-
section (i), it shall be deemed to revest in the person origi-
nally entitled thereto and any encumbrance which may
have been extinguished under section 5 shall revive.
(3) The provisions of sub-sections (i) and (2) shall not
apply where in respect of any notification or notice referred
to in sub-section (2) of section 3 or section 4 proceedings
have been commenced or action has been taken prioi to the
commencement of this Act, under sub-section (2) of section
5-A of the Land Acquisition Act, 1894. I of 189$.
Method of 7- (0 Where any land has been acquired under this Act,
determining there shall be paid compensation, the amount of which shall
compenss- be. determined in the manner and in accordance with the
tion. principles hereinafter set out, that is to say
(a) where the amount of compensation can be fixed by
agreement, it shall be paid in accordance with
such agreement ;
(b) where no such agreement can be reached, the
1 [State] Government shall appoint as arbitrator
a person qualified for appointment as a Judge of a
High Court ;
(c) the * [State] Government may, in any particular
case, nominate a person having expert knowledge
as to the nature and condition of the land acquired
to assist the arbitrator and where such nomination
is made, the person to be compensated may also
nominate an assessor for the said purpose ;
1 Substituted by ibid.
OF 1948] The Orissa Development Act, 1948 415
(d) at the commencement of the proceedings before the
arbitrator, the * [State] Government and the
person to be compensated shall state what in their
respective opinions is a fair amount of compensation;
(e) The arbitrator in making his award, shall have
due regard to the provisions of sub-section (i) of
I of 1894. section 23 oi the Land Acquisition Act, 1894 :
Provided that the market value referred to in the first
clause of sub-section (i) of section 23 of the said Act shall be
deemed to be the market value of such land on the date of
publication of the notice undei section 3, or as the case may
be, the preliminary notification under sub-section (i) of
I of 1894. section 4 of the Land Acquisition Act, 1894,, referred to under
sub-section (2) of section 3 or on the first day of September,
1939, with an addition of fifty per cent, whichevei is less :
Provided further that where under any L\w or custom
having the force of law the hinds re not saleable the
market value of such lands shall be such multiple as may be
prescribed of the deduced rent to be calculated in the pres-
cribed manner with addition of iifty per cent.:
Provided further that where $pch land has been held by the
owner thereof under a purchase made before the ist day of
October, 1948, or as the case may be, the date of publication
of the preliminary notification under section 4 of the Land
I of 1894. Acquisition Act, 1894, referred to in sub-section (2) of section
3, but after the first day o* September, 1939, by a registered
document, or a decree 01 pre-emption between the aforesaid
dates, the compensation shall be the price actually paid by
the purchaser or the amount on payment of which he may
have acquired the land in the decree for pre-emption, as the
case may be.
(2) The arbitrator shall, in awarding any compensation
under this section, apportion the amount thereof between
such persons, if any, as may appear to him to be entitled
theret \
(3) An appeal shall lie to th * High Court from the
award of the arbitrator appointed under this Act, and the
decision of the High Court shall be final.
8. The compensation awarded shall be paid by the com- Payment of
petent authority to the person entitled thereto according c . ompensa *
to the award: tl0n '
Provided that nothing herein contained shall affect the
liability of any person who may receive the whole or any
part of any compensation awarded under this Act to pay
the same to the person lawfully entitled thereto.
9. The * [State] Government or the competent authority Power to
may, with a view to determining the compensation payable sccu . re or "
under this Act, by order require any person to furnish to ma
such authority as may be specified in the order such infor-
mation in his possession relating to the land that may be so
specified.
1 Substituted by ibid.
41 6 The Orissa Development Act % 1948 [ACT xvm OF 1948]
Diiposal of io. Subject to such rules as may be made by the i [State]
land. Government, the competent authority may use or deal
with any land acquired under the provisions of this Act in
such manner and subject to such conditions as may appear
to it to be expedient.
Penalties. n. Whoever wilfully obstructs any person in lawfully
taking possession of any land under this Act or refuses to
furnish any information as required by section 9 shall be
punishable with imprisonment which may extend to one
month or with fine which may extend to fifty rupees or with
both.
Application 12. The provisions of section 51 of the Land Acquisition I of 1894.
of section 5* Act, 1894, shall apply in respect of the stamp duty chargeable
Ct on awarc * or a re mcn t mad * under this Act.
Protection for 13. No suit, prosecution or othe legal pro ceding shall lie
action done against" any person for anything which is in good faith done
in good fait . Qr i n t enc j e ^ t o b e d on e in pursuance of this Act or any order
made thereunder.
Power to 14. ( i ) The * [State] Government ma / make rules to
make rules, carry out the objects of this Act and for the guidance of
officers in all matters connected with its enforcement.
(2) In particular, and without prejudice to the generality
of the foregoing power, such rules may prescribe
(a) the manner in which land acquired under this Act
may be used or dealt with ;
(b) the procedure to be followed in arbitrations under
this Act ;
(c) the principles to be followed in apportioning in the
costs of proceedings before the arbitrator and on
appeal ;
(d) the principles to be followed in determining the
mode of fixing and the mode of pa ment of c m-
pensation as respects different classes of or different
descriptions of interest held in lands or the manner
in which deduced rent in respect of non-saleable
lands are to be calculated ;
(e) preparation of a record under sub-section (3) of
section 5.
i Substituted by ibid.
THE DELHI AND AJMER-MERWARA
LAND DEVELOPMENT ACT, 1949
Act No. LXVIof 1948
An Act to provide for the preparation and execution
of land development schemes, the reclamation
of waste-land and the Control of private forests
and grass-land, in the Provinces of Delhi and
Ajmer-Merwara.
WHEREAS it is expedient to provide for the preparation
and execution of land development schemes, the reclamation
of waste-land and the control of private forests and grass-
land in the Provinces of Delhi and Ajmer-Merwara ;
It is hereby enacted as follows :
CHAPTER I
PRELIMINARY
1. (i) This Act may be called the Delhi and Ajmer- Short ****
Merwara Land Development Act, 1948. commence- 11
(2) It extends to the ' [State] of Delhi and Ajmer- 2 [ ]. men *
(3) It shall come into force in each of the said Provinces
on such date as the Chief Commissioner of that Province
may, by notification in the official Gazette, appoint in this
behalf.
2. In this Act, unless there is anything repugnant in the Definitions,
subject or context,
(a) "Board" means the Land Development Board
constituted for the l [State] under section 3;
(b) ei owner", in relation to any land, means
(i) a person having a proprietary right in the land and
includes a usufructuary mortgagee of such right
and in the l [State] of Ajmer- 2 f ], an
istimrardar, a jagirdar, a muqfidar, and a bhumia;
and
(ii) a tenant of the land as hereinafter defined ;
(c) "prescribed" means prescribed by rules made under
this Act;
(d) "reclamation" includes cultivation, afforestation and
any other improvement of land; and
(e) "tenant" includes a usufructuary mortgagee of the
rights of a tenan f .
1 Substituted by the Adaptation of laws order, 1950.
9 Omitted by ibid.
4*7
4i 8 The Delhi and Ajmer-Merwara Land Development Act, 1949 [ACT LXVI
CHAPTER II
LAND DEVELOPMENT BOARDS AND LAND DEVELOPMENT
SCHEMES
i
Constitution 3* (0 ^ s soon as ma y ^ e a ^ ter tnc commencement of this
of Land Act, the Chief Commissioner shall, by notification in the
Development official Gazette, appoint an offi< er to be called the Land
Boards. Development Commission r and constitute for the i [State]
a Land D velopmeiit Boa.d consisting of the following
m mbcrs, namely :
(a) the Land Development Commissioner, who shall be
the Chairman of the Boa d,
(/>) two official membeis who shall be persons of expe-
rience in agriculture or irrigation engineering, and
(c) two non-offic ial members.
(2) A non-official member may, at any time by notice
in writing to the Chairman, resign hi office.
(3) The Chi* f Commissioner may, at any time, r, move
from the Board an> member who is guilty of any action
involving moral turpLudc.
(4) No act done by the Board shall be questioned on the
ground merely of the existence of any vacancy iri, or any
defect in the constitution of the Board.
(5) If there is a difference of opinion among the members
of the Board regarding any question the decision of the
majority of lh< members present and voting thall prevail,
and in case of equality of votes the Chairman shall have a
casting vot^.
(6) The Board may appoint one of the official members
to be the Secretary of the Board.
(7) The Chief Commissioner may invest the Land
Development Commission r with all or any of the powers of
a Deputy Commissioner or a Collector under any law for the
time being in force in the T [State] of Delhi or Ajmer- 2 [ ],
as the case may be.
Matters or 4. (i) The Board shall prepare a land development
which land sc h eme f or the '[State] providing for one or more of the
provide. (i) preservation and improvement of soil ;
(li) prevention of soil erosion ;
(iii) improvement of water supply by the utilization
of water in rivers or rivulets, tube wells, boring
or construction of wells, conservation of rain
water by constructing dams, or by use of power ;
(iv) improvement in the methods of cultivation ;
(v) introduction of dry farming methods;
(vi) supply of seed, improved implements of agriculture,
manure and fertilizers ,
Substituted by ibid.
OF 1948] The Delhi and Ajmer-Merwara Land Development Act, 1949 419
(oii) development of horticulture and planting of fruit
trees ;
(0m) reclamation of land lying waste through water-
logging, accumulation of sand, growth of jungle,
soil erosion or any other cause;
(ix) cultivation of land lying uncultivated owing to the
negligence or incapacity or absence of the owner ;
(x) regulation or prohibition of grazing and browsing;
(xi) control and maintenance of tree-growth ;
(xii) regulation or prohibition of firing of vegetation ;
(xiii) planting or sowing of trees, shrubs and grasses
for the* purpose of afforesting uncultivable land
or providing shelter-beds against wind or sand or
for any oth^r purpose;
(xiv) protection from locusts and other pests; and
(xo) any other matter which may be prescribed.
(2) Every scheme prepared under sub-section (i) shall
contain the following particukus, namely :
(i) the objects of ihc scheme ;
(ii) details of the area to be covered by the sch me;
(Hi) the work or kind of work to be carried out under the
scheme ;
(Iv) the agency or agencies through which the work
shall be carried out;
(?;) the approximate estimated cost of the scheme and
the method of financing it ;
(vi) the duties and obligations, financial or other, of the
Government as well as of the owners of the area
concerned; and
CFM) any other particulars which may be prescribed.
5 (i) The Chief Commissioner shall, after the Board Inquiry into,
nas prepared the scheme under section 4. and sanction-
. ing of sche-
(a) appoint an Inquiry Officer, and mes.
(b) cause the scheme to be published in the manner
prescribed inviting suggestions from peisons
affected by it within such time and in such man-
ner as may be prescribed.
(2) The Chief Commissioner shall, after considering
the record of the inquiry and the report of the Inquiry
Officer and after consulting the Board, submit the scheme
with his report to the Central Government which may
either sanction the scheme with or without modification or
reject it. v ~*
6* Every scheme sanctioned under section ^5 shall be Publication
published by the Land Development Commissioner in the of schemes,
prescribed manner and shall come into force on such date
as may be specified by him.
420 The Delhi and Ajmer-Merwara Land Development Act, 1949 [ACT
Power to 7. The Board may, by notification in the official Gazette,
make regula- ma k e regulations for the purpose of carrying out the objects of
uons. t j ie scheme or in respect of any matter supplementary or
incidental thereto, and any regulations so made shall also be
published by the Board in the manner prescribed.
Power to 8. ( i ) The Land Development Commissioner may, with
make grant fa G approval of the Board, make a g ant or advance a loan
loan a vance to any person for carrying out any work under any scheme
on such terms and conditions as may be pr scribed.
(2) The amount of loan, or any instalment thereof or
interest thereon which may be due but not repaid in accord-
ance with the terms and conditions of the loan may, without
prejudice to any othef remedy provided by law, be recovered
as arrears of land revenue.
Penalty. 9. (i) In making any scheme or an> regulation under
section 7, the Board may provide that the contravention
of such provisions of the scheme or of such regulations as
may be specified by it, shall b punishable with simple
imprisonment for a term which may extend to one month,
or with fine which may extend to fifty rupees, or with both.
(2) No person shall be prosecuted for any contravention
specified in sub-section (i) except on complaint in writing
by the Land Development Commissioner.
Works to be *o. (0 Where under the scheme any work is to be carried
carried out out on any land at the expense of the owner or owners thereof,
by Govern- anc j suc h owner, or any one of such owners, is willing to carry
owner's ex- out t ^ ie wor ^? he ma Y g^ ve notice to that effect in writing to
pense. the Land Development Commissioner within twenty-one
days of the coming into force of the scheme.
(2) On reaipt of such notice the Land Development
Commissioner shall furnish the owner with full details of
the work, and fix the date before which the owner shall carry
out the work.
(3) If the owner fails to carry out the work to the satis-
faction of the Land Development Commissioner before the
date fixed by him, or if the owner at any time informs the
Land Development Commissioner in writing of his inability
to do so, the Land Development Commissioner may get the
work carried out by such agency as he thinks fit and the
expenses incurred by him in carrying out the work shall be
recovered from the owner as arrears of land revenue.
(4) Where any work is carried out in pursuance of this
section by one or more of several owners, the other owners
shall be liable to contribute towards the expenses incurred
by him or therr wcfr amount as the Board may determine.
Contribution n. Where under the scheme any work is carried out by
by owners jthe owner or by the Land Development Commissioner at
benefiting by ^ e expense of the owner, and the work is in the opinion of
OF 1948] The Delhi and Ajmer-Merwara Land Development Act, 1949 4*1
by the scheme, the owners of such other land shall be liable
to contribute towards the expenses of carrying out the work
such amount as the Board may determine :
Provided that the Chief. Commissioner may remit the
whole or any part of the contribution so payable in respect of
any work carried out on land belonging to the Government.
12. The amount of contribution determined by the Board Recovery of
under sub-section (4) of section 10 or section u shall be paid cpntribu-
by the persons concerned within such time as may be specified tlons -
by the Board, and in default of such payment shall be reco-
vered from those persons as arrears of land revenue and
paid to the persons entitled to the contribution.
13. Notwithstanding anything contained in the scheme, Power to
the Board may direct that the work to be carried out or carry out
remaining to be carried out on any land by the owners ^over a e*x-
thereof shall be carried out by the Land Development Com- p enses from
missioner, and that the whole or any specified part of the owners,
expenses of carrying out the work shall be recovered as
an ears of land revenue from the owners of the land in such
proportion, at such times, and in such instalments, as the
Board may fix, having regard to the amount to be recovered
and the nature and extent of the rights of the owners in the
land.
14. (i) On the completion of any work under the scheme, statement
the Land Development Commissioner shall prepare and map
, x , ~ , . . i showing de-
(a) a statement in such form, and containing such ta jk O f W ork.
particulars, as may be prescribed, and
(b) a map showing the location and other material
details of the work.
(2) Every statement and map so prepared shall, on approval
by the Board, form part of the settlement record, or, as the
case may be, the record-of-rights of the estates specified in
the statement, and the said record shall wherever necessary
be corrected in accordance with the statement.
15. If any peison shown in a statement prepared under Repairs and
section 14 as liable to maintain and keep in repair the work renewajs f
fails to effect such repairs or renewals, or to do so within w
such time, as the Land Development Commissioner may by
order specify, the Land Development Commissioner may
get the repairs or renewals done by such agency as he thinks
tit, and the expenses incurred by him in so doing shall be
recovered from the said person as arrears of land revenue.
1 6. Where any land in which a tenant has a right ofEnhance-
occupancy has benefited by work carried out under the mcnt f rent
scheme by or at the expense of the owner c,f the land, and ^^^
the tenant has not made any contribution to the expenses mcn t effected
thereof, the Revenue Officer having jurisdiction shall, on by work,
application made by the owner in this behalf, enhance, dn
accordance with such principles as may be prescribed,
the rent payable by the tenant in respect of the land, anything
contained in any law to the contrary notwithstanding.
422 The Delhi and Ajmer-Merwara Land Development Act, 1949 [ACT JLXVI
Rights of 17. (i) Any member, officer, subordinate or workman
entry, etc. o f ^ Board or any other person authorised by the Land
Development Commissioner in this behalf may, after giving
such notice as may be prescribed to the owner in possession
of any land, enter upon and survey the land, or do any acts,
or carry out any work in or on the land for the purpose of
preparing, inquiring into or executing any land development
scheme under the provisions of this Chapter.
(2) Every such member, officer, subordinate, workman
or person shall be dc med to be a public servant within the
meaning of section 21 of the Indian Penal Code (XLV of
1860).
Appeals.
18. Any person aggrieved by
(a) a determination of the Board under sub-section (4)
of section i o or section 1 1 ; or
(b) the making of an entry, or the failure to make an
entry, in a statement prepared under section 14; or
(c) the order of the Land Development Commissioner
under section 15; or
(d) the order of a Revenue Officer under section 16,
may, within the prescribed time and in the
prescribed manner, appeal to the prescribed
authority, and, notwithstanding anything con-
tained in any law to the contrary, the decision
of such authority, and, where no appeal is pre-
ferred, the determination, order or statement
aforesaid shall be final and shall not be called
in question in any court.
Power of I 9 <> The Central Government may from time to time call
control. for any report or give any direction to the Board, and the
Board shall submit such report and carry out such direction.
CHAPTER III
RECLAMATION* OF WASTE-LAND
Definitions. 20. In this Chapter
(a) "date of taking possession" means the date on which
t mporary posses c AoYi of the land is taken on
behalf of the Czovernment under section 2 1 ;
(o] ''waste-land" means any land lying waste through
water-logging, accumulation of sand, growth of
jungle, soil erosion or any other cause, or lying
uncultivated, for ndt less than three consecutive
OF 1948] The Delhi and Ajmer-Merwara Land Development Act, 1949 423
21. (i) If the Board is satisfied that for purposes of execut- Order for
ing any scheme of reclamation of waste-land sanctioned l *king P 0j5Ses
j . . .1 , . . r sion of waste-
under section 5, it is necessary that temporary possession of]
any waste-land should be taken, it may, by order in writing,
direct the Land Development Commissioner to take tem-
porary possession of such land on behalf of the Government
on such date as may be specified in that o der.
(2) The order shall be made in such form and brought to
the notice of the owner of the land in such manner, as may
be prescribed.
(3) On the date specified in the order, the Land Develop-
meni Commissioner or an officer authorised by him shall
enter upon and take possession of the land on behalf of the
Governinc nt.
22. When the land has been taken possession of, the Land Amend-
Development Commissioner may, with the approval of the ment f r re "
Board, arrange for its reclamation clamation.
(a) by retaining it under his management for such
period as he thinks fit, or
(b) bv settling it for such period and on such teims as
may be fixed by the Board with th person who
on the date of taking possession was in lawful
possession of the land or was entitled to such
possession, or, if such person is dead, with his
successor in interest, or
(c) if such person refuses to take the land for such period
or on such terms, by settling it with any other
person, or
(d) by a combination of the methods aforesaid :
Provided that the total period for which the land is retained
or settled under this section shall not exceed ten years.
23. No claim of the landlord to any a rears of rent accrued Claim for
o." due in respect of the land for the period prior to the date arrears of
of taking possession shall thereafter be enfoic d by anyj^^j tobe
court, whether in execution of a decree or otherwise, against against
the Government or against any person holding the land Government,
under the Government or by the issue of any process against etc -
the land.
24. (i) When the reclamation of the land is in the opinion Termination
of the Land Development Commissioner complete and, in of possession
any case, before the expiry of a period of ten years rom the . n com pie-
date oi taking possession the Land Development Commis- clamation **"
sionet shall, after making an inquiiy in the prescribed manner
and by order in writing,
(a) declare that possession of the land shall be restored
on such date as may be specified in the order to
the owner who on the date of taking possession
was in lawful possession of the land, or was
entitled to such possession, or if he is dead, to
his successor in interest:
484
Compensa-
tion for
period of
possession.
The Delhi and Ajmer-Merwara Land Development Act, 1949 [ACT
(b) determine the person to whom possession is to be so
restored;
(c) where such person is a tenant, determine the rent
payable on account of the use or occupation of
the land; and
(d) where the land 01 any part thereof has been affoiested
regulate the cutting of trees in such land.
(2) On the date specified in the said order, possession of
che land shall be deemed to have been delivered by the
Government to the person determined under clause (b)
of sub-section ( i ) .
(3) The delivery of possession of the land to the person
determined under clause (b} of sub-section (i) shall be final
and full discharge of the Government from all liability in
respect of such delivery, but shall not prejudice any right
in respect of the land to which any other person may be
entitled, by due process of law, to enforce against the person
to whom the possession of the land has been so delivered.
25. ( i ) As soon as may be after the date of taking possession
of the land, the Land Development Gommissioner shall
make an enquiry in the prescribed manner and determine
(a) in respect of any land which on the said date was
in the occupation of a tenant
(i) the annual rent payable by him, and
(z?) the average net annual income, if any, after
deducting rent, derived by him during the three
years immediately preceding the said date, and
(b) in respect of any other land, the average net annual
income, if any. without deducting any land revenue
payable, derived by the owner during the three
years immediately preceding the said date.
(2) There shall be payable by the Government as com-
pensation on each anniversary of the date of taking possession
until the date referred to in sub-section (2) of section 24
(a) in respect o such land as is referred to in clause (a)
of sub-section (i), the amount determined under
sub-clause (i) thereof to the landlord, and the
amount determined under sub-clause (ii) thereof to
the tenant, and
(b) in respect of any other land, the amount determined
under clause (b) of sub-section ( i ) to the owner.
(3) For the purposes of this section "landlord" means,
the person under whom the tenant holds land and to whom
the tenant is, or but for a special contract would be liable
to pay rent for that land, and any reference to an owner,
landlord or tenant shall be deemed to include a reference to
the predecessors and successors in interest of the owner,
landlord or tenant.
OF 1948] The Delhi and Ajmer-Merwara Land Development Act> 1949 425
26. The Board shall maintain, in such form and in accord- Accounts.
ance with such rules as may be prescribed, an account of
all receipts and payments by the Government in respect of
the land, and any owner of, or other person having an
interest in, the land may, on payment of a fee of eight annas,
inspect the account
27. (i) The net expenditure incurred by the Government Recovery of
on the reclamation of the land under the provisions of this net expend;
Chapter or such part of that expenditure as the Chief Gom-
missioner may by general or special order direct , together
with interest calculated at the prescribed rate and in the
prescribed manner, shall be recovered as arrears of land
revenue from the person to whom possession of the land is
delivered by the Government under sub-section (2) of section
24.
(2) The amount to be recovered under sub-section (i)
from any person shall be decided by the Board.
28. Any person aggrieved by an order under section 21, Appeals.
section 24, section 25 or sub-section (2) of section 27 01 the
Board or the Land Development Commissioner, as the case
may be, may, within the prescribed time and in the prescribed
manner, appeal to the Chief Commissioner, and the decision
of the Chief Commissioner en such appeal, and where no
appeal is preferred, the order aforesaid shall be final and
shall not be called in question in any court.
29. The taking and retaining of possession of any land Continuance
on behalf of the Go vermnsn under the provisions of this of Habili.yfor
land
nue
Chapter shall not affect the liability of any person for the
* r i i r- i i i
payment of land revenue, rate or cess in respect of the land an( i ce ases.
for any period whether before or after the date of taking
possession.
CHAPTER IV
Control over Forests and Lands not being the Ptooerty
of Government
30. The fol owing amendments shall be made in the Amendment
Indian Forest Act, 1927, in its application to the 1 [State]
of Delhi, namely : Delhi.
(i) .n sub-section (i) of section 35 of the said Act,
(a] for the words "any forest or waste-land" the words
' 5 any forest, waste-land or grass-land" shall be
substituted ;
(b) for clauses (b) and (c) the following clauses shall be
substituted, namely :
" (b) the cutting of trees and timber;
(c) the disposal of any forest produce;
(rf) the firing or clearing of vegetation;
.......... ........ _. | , -"-..j .*- '- ' ___________ ....... ii^innrnTr-r-ru.'
Substituted by the Adaptation of Laws Order, 1950.
in
426 The Delhi and Ajmer-Merwara Land Development Act, 1949 [ACT LXV
(e) the cutting, storage and conservation of grass
or leaf fodder; 01
(/") the admission, herding or pasturing of cattle";
and
(c) after clause (r) the following shall be added :
"(vi) for any other purpose conducive to public wel-
fare.' 5 ;
(2) in sub-section (2) of section 37 of the said Act, for
ihe words "not less than three" the wojds "not less than
seven" shall be substituted; and
(3) in sub-section (i) of section 38 of the said Act, for
the word "two-thirds" the word "one-half" shall be substi-
tuted.
Application 31. Without prejudice to the provisions of sub-section (3)
V A^ h ^VI^ sect ' on I f the Indian Forest Act, 1927, the provisions of
0/1927 to Chapter V of that Act shall aipply to the 1 [State] of Ajmer-
A j m e r - as they apply to the 1 [State] of Delhi.
Merwara.
CHAPTER V
Supplementary
Power to
make rules. 32. (i) The Central Government may, by notification
in the official Gazette, make rules for carrying out the pui-
poses of this Act.
(2) In particular and without prejudice to the generality
of the foregoing powei, such inles may provide for all or any
o r the following matters, namely :
(a) the conduct of business by the Board and the proce-
dure to be followed at meetings of the Board ,
(b) the procedure to be followed by Inquiry Officers
under section 5;
(c} the manner of publication under sections 5, 6 and 7;
(d) the principles on which the amounts of contribution
are to be determined by the Board undei sub-
section (4) of section i o, or section 1 1 ;
(e) the foim of the statement under section 14 and the
particulars to be stated therein;
(f) the principles of enhancement of rent under section
16;
(#) the manner of giving notice under sub-section (i)
of section 1 7 :
(h) the authority to whom appeal may lie and the time
and manner of such appeal undei section 1 8 ;
(i) the form of notice under section 21 and the manner
of its service ;
1 Substituted by ibid. ,
OF 1948] The Delhi and Ajmer-Merwara Land Development Act, 1949 427
(/) the mannei of inquiry under section 24 and sub-
section (i) of section 25 ;
(k) the foim and method of maintaining accounts under
section 26 ;
(/) the rate of interest and the method of its calculation
under sub-section (i) of section 27 ;
(m) the time and manner of appeal unde section 28 ;
and
(n) any matter which may be prescribed
33. ( i ) No suit, prosecution 01 other proceeding shall lie Protection
against any person for anything which is in good faith done ^ action
or intended to be clone in pursuance of this Act. theAct "'
(2) Save as otherwise expressly provided by or undei this
Act, no suit or other legal proceeding shall lie against the
Government for any damage caused or likely to be caused
by anything in good faith done 01 intended to be done n
pursuance of this Act
THE TRAVANCORE-COCHIN LAND
DEVELOPMENT ACT, 1950
Act XXXVI of 1950
Peamble. WHEREAS it is considered necessary to provide for the
preparation and execution o schemes for the control and
prevention of soil erosion by constructing tei races and other
anti-erosion works, and to provide generally for the prepa-
ration and execution of other schemes for the improvement
of cultivation of lands, reclamation of waste ands, preser-
vation of forests and such other matters ;
It is hereby enacted as follows \:
Short title, I.- (i) This Act may be called the Travancore-Cochin
extent and Land Development Act, 1950.
commence-
oient. ^ 2 ) It extends to the whole of the State of Travancore-
Cochin.
(3) It shall come into force at once. ^
Jefinitions. 2. In th s Act, unless there is anything repugnant in the
subject or context^
(t) "Board" means the Land Development Board
constituted under section 3;
(?i) "Collector" means the Collector of the District;
fiii) "Inquiring Officer" means an officer appointed
as such by the Board ;
(iv) "Land Development Officer" means an Officer
appointed as such by Government ;
(v] 'Owner 3 ' includes the person for the time being
receiving or entitled to receive, whether on
his own account or as agent, trustee, guardian
manager or receiver foi anothei person, the
rent or profit derivable from land, a tenant,
an occupant, or a mortgagee in possession of
land ;
(w) "Prescribed" means prescribed by rules made
under this act ; and
{t'ii) 'Work" means any work cariied out or to be
carried out under any scheme under this Act.
Land Deve- 3- Government shall constitute a Land Development
lopment Bo -Board consisting of a Chairman and four members of whom
two at least shall be non-officials.
428
The Travancore-Cochin Land Development Act, 1950 '429
4. (i) Whenevei it appears to the Board that it is desirable Power of the
to provide for the better preservation and protection of land Board to di-
in any area or to provide for any or all of the matters specified ^ STEST
herein, the Board may direct the preparation of a land development
development scheme or any such area. A scheme may schemes and
make provision for any or all of the following matters, matters for
w i ] which the
namely. scheme may
(a) preservation and improvement of soil ; bc prepared.
(b) prevention of soil erosion;
(c) improvement of water supply ;
(d) improvements in the method of cultivation and
type of farming ;
(e) increased production of food crops ;
(f) reclamation of water -logged or otherwise waste
lands ;
(g) prohibition or control of grazing ;
(h] control and maintenance of tree-growth :
(/) regulation or prohibition of cutting down or destroy-
ing of trees and other growths, setting on fire
trees, timber, forest produce or other wild
growth ;
(?) planting or sowing of trees, shrubs and grasses for
the purpose of afforesting uncult vable land or
for providing shelter beds against wind or sand
or for any other pui poses; and
(k) such other matters not inconsistent with the objects
of this Act as may be prescribed.
(2) On a direction being issued by the Board under sub-
section (i), the Land Development Officer shall prepare in
accordance with such instructions as the Board may issue,
a draft scheme containing the following particulars, namely :
(a) the objects of the scheme ;
(b) the boundaries and approximate area of the land
to be included in the scheme;
(c) the perso v s including Government who will be
affected by the scheme;
(d) the works to be carried out under the scheme and
the owners of the land who shall carry them out;
(e) the agency or agencies through which such work
shall be carried out;
(f) where any work under tjie scheme is likely to benefit
persons other than the owners of the lands by
whom it is carried out, the names of such persons
and the pi portion, if any, in which they shall
pay to the owners carrying out the work their
contribution towards the cost of the work; and
(g) such other particulars as may be prescribed.
430
Publication
and
objections.
The Travancore-Cochin Land Development Act, 1950 [ACT xxxvi
(3) The draft scheme so prepared shall be submitted to
the Board, which may either approve the scheme with or
without modifications or may reject it and prepare or cause
to be prepared, a fresh scheme in lieu theieof.
5. (j) Copies of the scheme as approved or prepared or
cause ^ lo ^ e prepared by the Board under sub-section (3)
f section 4 together with the connected maps and plans,
if any, shall be forwarded to the Collector and shall be made
available by him for inspection by the public free of charge
in every village and at the headquarters of the taluk, in
which the lands proposed to be included in the scheme are
situated, at such places as the Collector may direct.
(2) A notice shall be published in the Gazette and also in
such newspapers, if any, circulating in the locality as the
Collector may direct :
(a) intimating that the scheme has been prepared and
that copies theieof have been kept and may be
inspected by the public free of charge at the
places aioiesaid and also that copies of the
scheme may be obtained on payment of the cost
thereof (which shall be specified in the notice)
from the Collector or the 1 ehsildar and also
from any other officer specified in the notice;
(b) requiiing all persons affected by the scheme who
wish to object to it or to any part thereof, to
submit theii objections in writing to the Inquiring
Officer or to appear before him and state their
objection!*, within thirty days of the publication
of the notice or within such longer period as
may be specified therein ;
(3) Separate notices to the same effect shall aUo be served
in the prescribed manner on all owners of the lands affected
by the scheme and in so far as such service may be practi-
cable on all persons shown in the village recouls as interested
in such lands.
Report of the 6. The Inquiring Officer shall inquire into all the objections
Inquiring received or recorded by him and submit them to the Board
Officer. together with his report theieon and his recommendations,
if any, for th* modification of the scheme.
Power of the 7. ( i ) Alter considering the objections and the report and
Board to recommendations of the Inquiring Officer submitted under
scheme 1 ^kh sect * on 6 and any further report which the Board may require
or em wiihout the Inquiring Officei to submit, the Board may
modification.
(a) sanction the scheme with or without modifications, or
(b) reject the scheme and direct that in lieu thereof a
fresh scheme be prepared and submitted for
sanction.
*QF 1950] The Travancore-Cochin Land Development Act, 1950 431
(2) The decision of the Board under sub-section (i) shall
be published in the manner provided in sub-section (2) of
section 5.
(3) Any person aggrieved by the decision of the Board
under this section may appeal to Government within thirty
days from the date of publication and Government may pass
such order thereon as they think fit.
(4) The scheme as sanctioned under sub-section (i),
subject to any modification tha.t may be made in appeal
under sub-section (3), shall be published in the Gazette and
also in every village and at the headquarters of the taluk in
which the lands included in the scheme are situated, at such
pi aces and in such manner as the Collector may direct.
Copies of the scheme shall also be sold at the offices of the
Collector and of the Tehsildar and at such other offices and
at such prices a* the Collector may specify.
8. On the date on which the scheme is published in the Effect of
Gazette undei sub-section (4) of section 7, it shall come scheme,
into force and shall have effect as if it were enacted in this
Act.
9. (i) After the scheme has rome into foice as provided Power to
for in section 8, the Board shall direct the Land Development ^jjj
Officer to execute it.
(2) The Lind Development Officer shall give notice in
the pi escribed form to all the owners of the lands included
in the scheme requiring them to carry ou* within a specified
period such \\urk& as the\ are liable to carr> out under the
<( heine.
(';"}, If anv owner fails to carry out am work 10 the satis-
faction of the Land Development Officer, before the date
fixed b\ him ot at am time expie^es in \\ntmjj to the Land
Development Officer his inability to carry out the work,
the Land Development Officer mav himself get the work
carried out and the expenses inrumd b% the Land Develop-
ment Officci for the said purpose shall be recovered from the
owner tn such equated annual imtalments as may be speci-
fied b\ the Board aiid subject to su( h rules as may by pres-
cribed, proviHeJ that on defauJt of payment of three ins-
talments, the unpaid balance shall became payable in a
lump.
(4) Where the owner of any land included in the scheme
is Government, the Department of Government which has
the control or the management of such land or the Land
Development Officer directed in this behalf by Government,
shall carry out the works which Government are liable to
-carry out under the scheme.
10. (i) If, in consequence of any work carried out under Liability of
section 9 at the expense of the owner of any land under theP r s . n s
scheme, any other person Including Government is or is^^ 1 *^ 8
likely, in the opinion oi the Board, to be benefited by such c i uc ied in "the
work, that person shall pay by way of contribution such scheme to
amount as the Board may determine: contribute
432 The Travancore-Cochin Land Development Act, 1950 [ACT xxxvi
Provided that, before any person is required to pay any
such contribution, he shall be given a reasonable! opportunity
of making his representation, if any, in regard to the matter :
Provided further that Government may in such cases as
they deem fit, waive in whole or in part their claim for
contribution by any person in respect of any work carried
out by Government on lands owned by them.
(2) The amount determined by the Bo rd under sub-
section (i) shall be paid within such time either in lump
or in such equated annual instalments together with interest
thereon, as may be specified by the Board. On the failure
of any person to pay the amount within the specified time
or on defailt of payment of three instalments the unpaid
balance (which shall be deemed to become payable in a
lump on the occurrence of the default) the Collector or any
person authorised by him in this behalf shall recover the
amount or the unpaid balance, as the case may be, from
him and shall pay the same to the owner.
Reference to " (0 Any owner or other person liable to pay the
Court. expenses under section 9 or to contribute towards expenses
under section 10 and who objects to the amount of such
liability, may, within one month from the date of the order
fixing such liability to pay or to contribute by written appli-
cation to the Board, stating the grounds on which objection
is taken, require that the matter may be referred for the
determination of the Court. The Board shall thereupon,
cause a refeience to be made to the Court by the Collector.
If satisfactory grounds are shown for not aplyping for reference
within one month, the delay may be condoned.
(2) The procedure laid down under the Land Acquisition
Act for the time being in force relating to references to Couit
under the said Act shall, as far as may be, apply to references
to Court under this section.
Explanation. "Court" in this section shall mean the
District Court having jurisdiction over the area in which
such work is carried out.
Grant of 12. (i) The Land Develrpment Officer may with the
loan for car- a pp rova i o f the Board and subject to such rules as may be
rymg out p rescr ik ec [ advance a loan to any person for carrying out
work under ~ . . . ' J , . ' |? .
any scheme, any work under any scheme on such terms and conditions
as may be specified.
(2) The amount of loan or any instalment thereof or
interest thereon which may be du" but not repaid in accord-
ance with the terms and conditions of the loan may without
prejudice to any other remedy provided by law be recovered
as ai rears of land revenue.
OF 1950] The Travancore-Cochin Land Development Act, 1950 433
13* For the purposes of preparing, sanctioning, inquiring Right of
into or executing any scheme or for inspecting any work* 1111 ^*
any of the following officers or persons may, after giving such
notice as may be piescrioed to the owner, enter upon, survey
and mark out such land and do all such other acts as may be
necessary for the purpose of preparing, inquiring into or
executing any scheme or for the purpose of inspecting works
already carried out, as the case may be, under a scheme:
(a) the Land Development Officer,
(4) the Inquiring Officer,
(c) the Collector,
(d) the Chairman or any member of the Board,
(e) any officer or peison authorised by the Board or by
any of the officers referred to in clauses (a), (b)
and (c}.
14. (i) The Land Development Officer shall, as soon as Maintenance,
may be after the execution of the work, prepare a statement repair and
. . . . > r r se Q wor ] KS .
setting out . carried out
(a) the names of the owners of the lands included in the under the
scheme ; schemc '
(o) a map and plan, if any, showing the situation,
nature and dimensions of the said works;
(V) in regard to each such work, the owner or owners
liable to maintain and repair it, and the extent
of the liability of each such owner ;
(rf) the rights, if any, of the owners or any of them as
regards the use of any such works; and
(e) such other matters as may be pr scribed.
(2) After a statenrnt as aforesaid has been prepared, a
notice shall be published in the manner prescribed intimating
that a statement has been prepared ard that it may be
inspected at such places as may be specified in the notice.
(3) Against any entry in the statement so published an
appeal shall lie to the Collecto. within two months fiom the
date of publication of the notice referred to in sub-section (2).
The Collector may also revise the statement from time to
time subject to such rules as may be prescribed ; and whenever
the statement is revised, notice shall be given of the fact of
such revision in the prescribed manner,
15. (i) Fvery owner shown in the statement prepared Obligations
under section 14 as liable to maintain and repair the works, of persons to
shall, to the satisfaction of the Collector and within such J
time as the Collector may fix, maintain and repair the work
in i espect of which he is shown as liable in the said statement.
(2) If any such owner fails to maintain or repair the work
within the time fixed by the Collector under sub-section (i),
the Collector shall cause the woik to be maintained or
repaired and the expenses incurred there by shall be recovered
from the owner and such other person, if any, liable to con-
tribute.
434 The TravancoYe-Cochin Land Development Act, 1950 [ACT xxxvi
Amounts to 16. All amounts payable to, or recoverable by, Govern-
able^aTTr- ment > the Board or any officei of Government under this
rears of land Act, sna ^ De recoverable as arrears of land revenue.
jevcnue.
Permission to jy. Notwithstanding anything contained in any other law
owners ^ for the time being in force or in any contiact, it shall be
increase rent , r . r . r . . . _ ' . . . , .
on account * aw * u l * O1 the owner ol any land included in the scheme as
of improve- liable to carry out the work to enhance the rent payable
ments effect- b a tenant holding under him if such tenant is benefited
by the work under the scheme and there has been increase
in the yield of the holding. The enhancement of rent shall
be by such amount in proportion to the increase in the yield
and subject to such conditions as may be prescribed.
The Board shall decide whether or not there has been -
any increase in yield, and if there h s been, the quantity
of such increase and the extent to which the tenant has
benefited thereby, and the decision of the Board shall be
final.
Delegation of ,fl y^g Collector may delegate to any revenue officer
P wer - subordinate to him not below the rank of n TehsiJdar any
of the powers conferred on him by or under this Act.
ccrato ffi e * 9 ' Ihe Ghairman and numbers of the Board and aU
public officers and persons authorised or appointed under any of
servants. the provisions of this Art shall be deemed to be public servants
within the meaning of section 15 of the Travanco.e or Cochin
Penal Code.
Protection of 2C- ( f ) jsj () sult ol o tbe r proceeding shall be again 1
me^irT eood Government or the Board loi any act done 01 purporting to
faith; limita- ^ done under this / A ct 01 am rule made heinmdci
tion of suits _ T . 1,1 ,. i 11
arid r>ro- l'-0 ^ suit, prosecution or other le^al pi oc codings shall
sc-cutions be instituted against any public ser\a*it or person duly
authorised under this Act in lespert of anyth ng in good
faith done or intended to IK* done under this Act or the
niles thereunder.
('j] N(^ suit or pn^ecud'on shall l)e instituted against any
public servant or person du \ authorised under this Act in
respect of anything done or intended to be done under this
Act unless the suit or prosecution has been instituted within
six months from the date of the act complained of.
Power to 21. (i) Government may, by notification in the Gazette.
make rules. ma ^ e ru i es f OI t h e p ur p os e of cairying into efiect the pro-
visions of this Act.
(2) In particular and without prejudice to the generality
of the foregoing power, such rules may be made to determine
the following matters, namely :
(a) the matters to be prescribed under sub-sections (i)
and (2) of section 4;
(4) the form of the notice and the mannei in which
such notice shall be given under section 9;
OF 1950] The Travancore-Cochin Land Development Act, 1950 435
(c) the matteis to be prescribed undei section 14, sub-
section (i), clause (e) ;
(d) the manner in which and the offices where the
statement prepared under section 14 shall be
kept and maintained ;
(e) the extent of enhancement of rent and the conditions
subject to which the enhancement may be made
under section 1 7 ; and
(/) any other matter to be prescribed under this Act.
(3) The power to make lules comeired by this section shall
be subject to the condition of previous publication.
(4) All Rules made under this section shall be iaid before
the Legislative Assembly as soon as possible after they are
made and shaU be subject to such modifications as the Legis-
lative Assembly ma^ make during the session in which they
are so laid
THE MADHYA BHARAT REQUISITIONING
OF LAND (RURAL DEVELOPMENT)
Bill*, 1950
Bill No. XIV of 1950.
A Bill to provide for the requisitioning of land to
promote the improvement and development of
agriculture and economic condition in rural
areas in Madhya Bharat.
WHEREAS it is expedient to requisition land required for the
development of agriculture and economic condition in rural
areas and to prescribe an expeditious procedure for the
determination of compensation to be paid on account of
such requisition in Madhya Bharat; it is hereby enacted
as follows :
Title extent *" (0 This Act may be called "The Madhya Bharat
and ' com- Requisitioning of Land (Rural Development) Act, Samvat
mencement. 2006."
(2) It extends to the whole of Madhya Bharat.
(3) This section shall come into force at once and uthe
remaining sections shall come into force on such date and
in such area as the Government may by notification in the
Government Gazette specify in this behalf.
Definition* 2 * ^ n tms ^ ct ' un l ess there is anything repugnant in the
subject or context,
(1) "Competent authority" means an authority appoint-
ed by the Government by notification in the
Government Gazette to be the competent autho-
rity for any local area ;
(2) "Land" includes tanks and benefits to arise out of
land and things attached to the earth or per-
manently fastened to anything attached to the
earth ;
(3) "Pi escribed" means prescribed by rules made
under this Act ;
(4) "Public purpose" means a purpose having or being
connected with any of the following objects, that
is to say :
(i) making, enlarging or deepening of tanks and
channels for purposes of irrigation ;
(ii) composting of refuse or preparation of any other
form of manure ;
(iii) plant nurseries ;
* The Bill has since been passed into an Act.
436
The Madhya Bharat Requisitioning of Lan'l (Rural Development} 437
Bill, 1950
' (iv) any other object which the Government may by
notification in the Government Gazette declare
co be essential for the development of agriculture
or improvement of the life of community in
rural areas ;
(5) "Government" means the Government of Madhya
Bharat ;
(6) "Requisition" means to take possession of any land
or require any land to be placed at the disposal
of the requisitioning authority.
3. A competent authority may, in the prescribed manner, Application
apply to the Government to requisition any land which ^? r requisi-
in its opinion is necessary or is likely to be needed for a public U ^ nt y C m "
purpose. authority.
4. On receipt of an application under section 3, the Requisition
Government shall hold such inquiry as may be prescribed f * and -
and, if satisfied thcit the land specified in the application is
needed or is likely to be needed for a public purpose, the
Government may, by order in writing, requisition such land.
5. The Government may, subject to such terms and Requisition-
conditions as it deems fit place any land requisitioned ecl lanci ^Y
undei section 4 at the disposal of the competent authority ^f P d^ C ^al
on whose application the land was requisitioned. (.^competent
authority.
6. ( i ) Where any land is requisitioned under this Act Payment of
there shall be paid as compensation to persons having an compensa-
interest in such land an amount which shall be determined lion -
by an officer authorised in this behalf by the Government.
(2) Such officer shall, after holding an inquiry in the
prescribed manner, determine the amount of compensation
and in determining such compensation he shall have regard
to all the circumstances of the case, and in particular shall
be guided by the provisions of the Laws relating to Land
Acquisition in force, for the time being [sub-section (i) of
section 23 and section 24 of the Land Acquisition Act, 1894
(I of 1894), as adopted in the United State of Gwalior, Indore
and Malwa (Madh^a Bharat)].
(3) Where there are seveial persons interested in the land
such officer shall decide the dispute, if any, as to the appor-
tionment of the amount of compensation or any part thereof
or as to the persons to whom the same or any part thereof
is payable.
(4) An appeal shall lie against the decision of such officer
under sub-section (2) or sub-section (3) to the District Judge
within whose jurisdiction the requisitioned land is situate :
Provided that no such appeal shall lie where the amount
of compensation determined does not exceed Rs. 500.
(5) Every appeal under sub-section (4) shall be made
within a period of sixty days from the date of the decision
appealed against.
438 The Madhya Bharai Requisitioning of Land (Rural [BILL xiv~
Development) Bill, 1950
Power to take
possession. 7. Any officer authorised in this behalf by the Government
by general 01 special order, may take possession of any land
in respect of which an order has been made undei section 4
and may take or cause to be taken such steps and use or cause
to be used such force as may, in the opinion of such officer,
be reasonably necessary for taking possession of such land.
Release from 8. (i) Where any land requisitioned under this Act is
requisition. no longer required for the public purpose for which it was
requisitioned, the competent authority at whose instance the
land v\as requisitioned shall send an intimation in writing
to that effect to the Government.
(2) Where the Government is satisfied that the land is
no longer required for a public purpose, the Government
may release the land iiom requisition and upon such release
the land shall be restored, as far as possible, in the same
condition in which it was on the dale on which the Govern-
ment, was put in possession thereof, and the Government
shall pay compensation ior damage, if any, caused to the
land otherwise than by reasonable use thereof or irresistible
force :
Provided that nothing in this sub-section shall apply to
any structures, trees or crops standing on the land on the
date on which the Government took possession thereof and
in respect of which compensation has been paid.
(3) An officer authorised in this behalf by the Govern-
ment shall, after holding such inquiry as he deems fit, deter-
mine the amount of compensation payable under sub-section
(2).
(4) The decision of such officer shall, subject to an appeal
to the Government, which shall be made within a period OF
thirty days from the date of the decision, be final.
(5) Where any land is to be released from requisition, the
Government may, after making such inquiry, if any, as it
deems fit, specify by older in writing the person to whom
possession of the land shall be given.
(6) The delivery of possession of the land to the person
specified in an order made under sub-section (5) shall be
full discharge of the Government from all liability in ^espect
of such delivery, but shall not prejudice any rights in respect
of the land which any other person may be entitled by due
process of law to enforce against the person to whom posses-
sion of the land is so delivered.
(7) Where the person to whom possession of any requisi-
tioned land is to be given cannot be 'found and has no agent
or other person empowered to accept delivery on his behalf,
the Government shall cause a notice declaring that the land
is released from requisition to be affixed on some conspicuous
part of the land and shall also publish such notice in the
Government Gazette.
OF 1950] The Madhya Bharat Requisitioning of Land (Rural 439
Development SHl % 1950
(8) When a notice rcf rreci to in sub-segtjon (7) is published
in the Government Gazette, the land specified in such notice
shall cease to be subject to requisition OP and from the date
of such publication and be deemed to have been delivered
to the person entitled to possession thereof and the Govern-
ment shall not be liable for any compensation or other claim
in respect of the land *br any period after the said date.
9. (i) Any officer authoiised in this behalf by the Govern- power to
ment by general or special order may, with a view to carrying obtain infor-
out the purposes of this Act, by orJer require any person to matlon -
furnish to him such information in such person's possession
relating to any land which is requisitioned or is intended to
be requisitioned.
(2) Every person required to furnish such information as
is referred to in sub-section (i) shall be deemed to be legally
bound to do so within the meaning of sectioi s 176 and 177
of the Indian Penal Code (LV of 1860), as adopted in
Madhya Bharat.
10. Everv order made under section 4 or section 9 shall Service
be served on the person affected thereby Ordeis.
(j) in the manner provided for ih: service of a sum-
mons under the Code of Civil Procedure, 1908
A', t V of 1900), as adopted in Madhya Bhara^
(n] in such other manner as may be prescribed.
11. Without prejudice any poweis otherwise conferred Power to
by this Act, anv officer or person empowered in this behalf enler an ^ in '
by the Government by general or special orc>r may enter spect land *
and inspect any land for the purpose oi determining whether
the land is needed or is likely to he needed for a public
pui pose.
12. For the purpose of holding any inquiry under this Powers of in
Act the authorised offi :er shall have the same powers as are quiry.
vested in civil courts in respect of :
(a) summoning and enforcing the attendance of any
person and examining him on oath ;
(b) compelling the production of documents; and
(c) issuing commissions for the examination of witnesses
13. The Government may by order published in the Delegation
Government Gazette, direct that any power conferied or functlons -
any duty imposed on it by this Act, shall, in such circum-
stances and under such conditions, if any, as may be specified
in the order, be exercised or discharged by such officer, not
being lower in rank than a Suba, as may be so specified.
14. ( i ) No order made in exercise of any power conferred Saving as
by or unde* this Act shall be called in any Court. orders.
(2) Where an ordei purports to have been made and
signed by any authority in exercise of any power conferred
by or under this Act, a Court shall within the meaning of
the Evidence Act for the time being in force, presume that
such order was so made by that authority.
The Madhya Bharat Requisitioning of Land (Rural
Development) Bill, 1950
BILL XIV OF 1950
Officers to
be deemed
public ser-
vants
Protection of 15. (j) No suit, prosecution or other legal proceeding
action taken ^\i jj e a g a i n st any person for anything in good faith done
* e or intended to be done under this Act or any order rnade
thereunder.
(2) Save as otherwise expressly provided under this Act
no suit or other legal proceeding shall lie against the Govern-
ment for any damage caused or likely to be caused by any-
thing in good faith done or intended to be done under this
Act or any order made thereunder.
16. Eveiy officer authorised or empowered by the Govern-
ment to exercise any power or to perform any duty under
this Act, shall be deemed to be a public servant within the
meaning of sertion 21 of the Indian Penal Code as adopted
in Madhya Bharat.
Power to 17. (i) The Government may, by notification in the
make rules. Government Gazette, make rules to cairy out the purposes
of this Act.
(2) In particular, and without prejudice to the geneiaiitv
of the foregoing power, such rules may provide for
(?) the form of application unde. section 3:
(ii) the manner ol holding an inquiry under section
4 or section 6;
(ui) the mannei of serving an order made under section
4 or section 9;
(?>) the levy of court fees in respect of appeals under sec-
tions 6 and 8.
Repeal.
*& As soon as this Act comes into force all Acts and other
laws relating to the Requisition of Land (Rural Development)
in force in any pait of Madhya Bharat, which may be repug-
nant or inconsistent with the provisions of this Act shall
to the extent of such repugnancy or inconsistency, stand
repealed :
Provided that all actions taken and orders passed under
them shall be deemed to have been taken or passed under
this Act.
INDEX
1 AGK
Account* Keejnnp of
The Bihar Waste Lands Act, Sec. 6 30
The Delhi Ajrner-Mcrwara Land Development Act, Sec. 26 . , . 4 C >5
Acquisition
The Assam Land (Requisition and Acquisition) Act, Sec. 4 .... ",42
The Bhopal Reclamation and Land Development Ordinance, Sec. n . . '>o
The Bihar Public Irrigation and Drainage Works Act, Sec. 9 . . . . 2 jo
The Bihar Private Irrigation Works Act, Chapter VI if>6
The Bombay Khar Lands Act, Sec. 20 ..... . 10?
The East Punjab Conservation of Manure, Act, Sec 8 . . . . . *=
The East Punjab Reclamation of Land Act, Sec 5 . . . . . . 4 *
The Malabar Irrigation Works Act, Sec. 4 ....... j'oo
The Onssa Development Act, Sec. 3 . . . : . . . . 413
The West Bengal Development arid Planning Act, Sec. 6 403
The \\est Bengal Land (Requisition and Acquisition) Act Sec. j SS'-
Appeals
The Assam Agricultural Pests and Diseases Act, Sec. 12 . . . , 375
The Bombay Irrigation Act, Sec. 67 ........ 135
The C. P. (Madhva Pradesh) Irrigation Act, Sec 23 ..... 185
'J he Cochin Preservation of Erics Act, Sec. 7 . . . . , . . 311
The Delhi and Ajmer-Mervvara Land Development Act, Sees. 18, ab . . 422 425
The East Punjab Land Utilization Act, Sec. 14 ....,, 22
The Jammu and Kashmir Land Preservation Act, Sec. 17 .... 94
The Kumaon Nayabad and Waste Land Act, Sees. 17 to 20 . . . . 39 40
The Madras Agricultural Pests and Diseases Act, Sec. 1 2 . . , 341
The Madras Irrigation Tanks (Improvement) Act, Sec. 6 313
The Malabar Irrigation Act, Sec. 9 ........ 262
The Rewa State Agricultural Pests & Diseases Act, Sec. 12 . . . . 33
The West Bengal Tank Improvement Act, Sees. 26, 27 306
Application For Irrigation
The Bihar Private Irrigation Works Act, Sees. 28 and 31 1^5,166
The Bombay Irrigation Act, Sees. 1 8 and 75 118138
The Cochin Irrigation Regulation, Sec. 6'. 1 ....... 233
The Madhya Bharat Irrigation Act, Sees. 16, 21 2 >r> 27?
Application For Requisition
The Madhya Bharat Land Requisition Act, Sec. 3 43^
The U. P. Rural Development Act, Sec. 6 a .,o
Application For Tractor Cultivation
The East Punjab Tractor Cultivation Act, Sec. 3 ^
The Madhya Bharat Tractor Cultivation Act, Sec. 3 4*5
441
44* INDEX
PAGE
Board
The Bombay Khar Lands Act, Sees. 3, 4, 5, 6, 7, 10, n and 20 ... 9/ 99
The Bombay Land Improvement Schemes Act, Chapter II .... 80
The Bhopal Development of Lands and Reclamation Ordinance, Sec. 5 4#
The Delhi and Ajmer-Merwara Land Developmen Act, Sec. 3 ... 418
The Mysore Irrigation Act, Chapter IX 22 7
The Travancore-Cochin Land Development Act, Sec. 3 . . . 41 2ft
The Travancore Irrigation Act, Sec. 32 . . I 5 I
Budget (of Board)
The Bombay Khar Lands Act, Sees. 37 and 38 i5
Funds (of Board)
The Bombay Khar Lands Act, Sees. 32 & 34 IO 4
Betterment Charges
The Bombay Irrigation Act, Sets. 49 566 129,130
The Madhya Bharat Irrigation Act, Sec. 46 . . . - . 2 79
Cash Crops (Tax on)
The Hyderabad Restriction of Cash Crops Cultivation Regulations, Sees. 3 and 8 399,400
Claims Adjustment of
The Madhya Bharat Irrigation Act, Sec. 19 271
Committees
The C. P. and Berar (Madhya Pradesh) Cultivation of Fallow Lands Act, Sec. 56 7
The C. P. and Berar (Madhva Pradesh) Reclamation of Lands Act, Sec. 4 . 34
The East Punjab Conservation of Manure Act, Sees. 5 to 8, 15, 10, and 18 . 55 57
The Madhya Bharat Kans Eradication Act, Sec. 4 ...... 45
Compensation
The Assam Land (Acquisition and Requisition) Act, Sec. 7 . . . 327
The Assam Agricultural Pests and Diseases Act, Sees. 9, 16, 17 . . . . 37437&
The Assam Embankment and Drainage Act, Sec. 8 ..... 319
The Bhopal Land Reclamation Ordinance, Sec. 9 ...... 49
The Bihar Private Irrigation Works Act, Chapter VI-B 174
The Bihar Public Irrigation and Drainage Works Act, Sees. 8 and 16 . . 249,252
The Bombav Agricultural Pests and Diseases Act, Sees 9 and 10 . . . 357
The Bombay Irrigation Act, Part V . . . . . . . . 124
The Bombay Khar Lands Act, Sees. 21 and 23 ...... 102
The Coorg Agricultural Pvrsts and Diseases Act, Sees. 10, u . . . . 348, 9,49
The Delhi and Ajmer-Merwara Land Development Act, See. 25 . . . 424
The East Punjab Utilization of Land Act, Sec. 4 ... 21
Thejammu and Kashmir Land Preservation Act, Sees. 7 and 14 ... 91, 94
The Madhya Bharat Irrigation Act, Sees. 7, 8, 14, 15, 16 and 35 ... 268 277
The Madhva Bharat Kans Eradication Act, Sec. 8 ..... 46
The Madhya Bharat Rural Development Act, Sec. 6 ..... 437
The Madhya Pradesh (C. P. and Berar) Irrigation Act, Sec, giC , . 207
The Madhya Pradesh (C. P.) Reclamation of Lands Act, Sec. 8 ... 34
The Madras Agricultural Pests and Diseases Act, Sec. 10 . . . . 341
The Madras Irrigation Tanks (Improvement) Act, Sec. 5 . . . . 313
The Malabar Irrigation Works Act, Sec. 6 . . . . . . 261
The Mysore Irrigation Act, Chapter V . . . . . . . . 220
The Orissa Development Act, Sec. 7 ........ 414,415
The Rewa Agricultural Pests & Diseases Act, Sees. 9 & 10 . . . . 363
Compost (Preparation)
The Madhya Bharat Municipal Refuse Act, Sec. 3 ...... 59
The Madhya Bharat Village Refuse Act, Sec. -^ 61
INDEX 443
PAGE
Courts Jurisdiction etc. and Constitution
The Assam Land (Requisition and Acquisition) Act, Sec. 8 .... 327
The Kumaon Nayabad and Waste Lands Act, Chapters III and IV .. 38
The Madhya Bharat Irrigation Act, Part VIII 284
The Madras Irrigation Works Act, Sec. 8 .... . 244
The Malabar Irrigation Act, Sec. 7 ........ 262
The Mysore Irrigation Act, Sec. 55 ........ 230
The Rewa State Agricultural Pests and Diseases Actj Sec. 18 . . 364
The U. P. Rural Development \ct, Sees 14 . . . . . . 410
The West Bengal Development and Planning Act, Sec. 12 . . . . 40^
The West Bengal Land (Acquisition arid Requisition) Act, Sec. 8 . 332
The West Bengal Tank Improvement Act, Sec. 29 ..... 306
Definitions
(Central) The Essential Supplies (Temporary Powers) Act, Sec. 2 . . 378
(Central) The Destructive Insects and Pests Act, Sec. 2 ... 334
The Ajmer Land Utilisation Act (See U. P. Act) 12
The Assam Agricultural Pests and Diseases Act, Sec. 2 ... 372
The Assam Embankment & Drainage Act, Sec. 12 . . . . . 315
The Assam Land Requisition and Acquisition Act, Sec. 2 .... 3^3
The Bhopal Reclamation and Development of Land Ordinance, Sec. 2 47
The Bhopal Land Utilization Art (S-e U. P. Act) ... 12
The Bihar Private Irrigation Works Act, Sec 2 ...... 152
The Bihar Public Irrigation and Drainage Works Act, Sec. 2 ... 246
The Bihar Waste Lands Act, Sec. 2 .... . . 28
The Bombay Agricultural Pests and Diseases Act, S* c 2 . . . . . 3^4
The Bombay Growth of Food Crops Art, Sec. 2 ..... 387
The Bombay Irrigation Act, S<~c. 3 . . . . . . . . 115
The Bombay Khar Lands Act, Sec 2 ..... . 96
The Bombay Land Improvement Schemes Act, Sec. 2 ..... 78
The C. P. & Bcrar (Midhya Pradesh) Cultivation of Fallow Land Act, Sec. 2 3
The C. P. (Madhya Pradesh) Irrigation Act, Chapter I .... 181
The C. P. & Berar (Madhya Pradesh) Reclamation of Lands Act, Sec. 2 . 33
The Cochin Irrigation Regulation, Sec. 2 . . . . . . 231
The Cochin Preservation of Enes Act, Sec. 2 . . . . . . 310
The Cochin Proclamation . ... 386
The Coorg Agricultural Pests and Diseases Act, Sec. 2 . . . . . 346
The Delhi Land Utilization Act (See U. P. Act) . ... 17
The Delhi and Ajmer Land Development Act, Sec. 2 . . . . 417
The Eas' Punjab Agricultural Pests and Diseases Act, Sec. 2 . 366
The East Punjab Conservation ol Manure Act, Sec. 2 . 54
The East Puniab Reclamation of Land Act, Stc. 2 .... 42
The East Punjab Seeds and Seedlings Act, Sec. 2 ..... 52
The Ean Punjab Tractor Cultivation Act, Sec. 2 .... 63
Th East Punjab Utilization of Land Act, Sec. 2 ...... 20
The East Punjab Land Prescrvat ; on Act, Sec. 2 ...... 67
The Himachal Pradesh Agricultural Pests and Diseases Act (See Punj?b Act) . 366
The Hyderabad Restriction of Cash Crops Regulation, Sec. 2 . . . . 398
The Jammu and Kashmir Land Preservation Act, Sec. 2 .... 89
The Kumaon Nayabad and Waste Lands Act, Sec. 3 ... 36
The Madhya Bharat Irrigation Act, Sec. 2 ..... . 266
The Madhya Bharat Kans Eradication Act, Sec. 2 ...... 44
The Madhya Bharat Municipal Refuse Act, Sec. 2 ..... 59
The Madhya Bharat Requisition of Land (Rural Development) Act, Sec. 2 . 436
INDEX
PACJF
Definitions coutd.
The Madhya Bharat Utilization of Land Act, Sec. 2 2j{
The Madhya Bharat Tractor Cultivation Act, Sec. a i> >
The Madhya Bharat Village Refuse Ordinance, S^c. 2 tfi
The Madras Agricultural Pests and Diseases Act, Sec. 2 . . . . , 'VV7
The Madras Irrigation Works Act, Sec. 2 241
The Madras Irrigation Tanks (Improvement) Act, Sec. 2 . . . . 312
The Malabar Irrigation Works Act, Sec. 2 239
The Mysore Cultivation of Fallow Land Act, Sec. 2 ..... 8
The Mysore Irrigation Act, Sec. 2 2 1 <>
The Mysore Minor Tank Restoration Act, Sec. 2 . . . . * . 288
The Orissa Development Act, Sec. 2 412
The Patiala Destructive Insects and Pests Act, Sec. 2 .... 351
The Rewa State Agncuitdial Pests and Diseases Act, Src. * . 360
The SauraJitra Growth 01 Food Crops Ordinance, Sec 2 . . 393
The Travancore Plant Pests and Plant Diseases Regulation, SCL. ? . . 343
The Travancoie Irrigation Act, Sec. 2 , 143
The fravancore and Cochin Land Development Act, Sec. 2 ... 428
1 he U. P. Land Utilization Act, Sec. 2 ..... . 12
The U. P. Rural Development Act, Src. 2 406
The West Bengal Land (Requisition and Acquisition ^ Aa, Src. 2 329
The West Bengal Land Development and Planning Act, Sef . 2 ... 401
The West BM'U! Tank Improvement Act, Sec. 2 ...... 290
Documents Information
The Bombay Land Improvement Scheme Act 19 ...... 85
The Bengal Tank Improvement Act, Sec. 32 . . . . . . 307
The Orissa Development Act, Sec. 9 ........ 415
Erifs (Information)
The Cochin Preservation of Erics Act, Sec 3. ... . 310
Ftsh wg Rights
The Bombay Khar Lands Act Src. 24 .... . 103
PC i c ( 'rops
Growth Price* anj Proportion et<.
(G ntral) The Essential Supplies (Temporary Powers') Act, Set -3 ... 379
The Boinbav Growth of Food Crops Act, Sees. 3-5 and 9 38!$ -389
The East Punjab Utilization of Land Act, See. 5 ...... 21
The Hyderabad Restriction of Cash Crops Regulations, Sec. 6 . . . 399
The Madhya Bharat Land Utilization Act, Sec. 5 ..... 25
Cant* ~
Ths C.P. (Madhya Pradesh) Irrigation Act, Sec. 80 204
The Kumaon Nayabad and Waste Lands Act, Chaptci II , t . . ^7
Grims Sale
The U. P. Land Utilization Act, Sec. 4 ....... 13
The U. P. Land Utilization Act, as extend rd to (i) Ajrner Sec. 4. (ii) Delhi See. \ 16,18
Holdings Re-shaping
The Bhopal Reclamation and Development of Land Ordinance, Sec. 12 . 50
INDEX 445
PAGE
Inspectors Appointment
The Assam Agricultural Pests and Diseases Act, Sec* 20. . . , . 376
The Bombay Agricultural Pests and Diseases Act, Sec. 14 . , . . 358
The Coorg Agricultural Pests a^d Diseases Act, Sec. 20 . . . . . 350
The East Punjab Agricultural Pests, Disease and Noxious Weeds Act, Sec. 10 . 370
The Madras Agricultural Pests and Diseases Act, Sec. 19 . . . . 342
The Rewa Agricultural Pests and Diseases Act, Sec. 19 . . . . . 364
Kam Declaration , Survey and Eradication
The Bhopal Reclamation and Development of Land Ordinance, Sec. 6 48
The C P. (Madhya Pradesh) Reclamation of Land Art, Sees. 3 5 . . 33 34
The East Punjab Reclamation of Lands Act, Sec. ^ ..... 42
The Madh) a Bharal Eradication of Kans Act, Sec. 5 ..... 45
Labour
Th<* Bombay Irrigation Act, Part VII ....... 132
The C. P. (Madliva Pradesh) Irrigation Act, Sec. 36 ..... 190
The Madhya Bhaiat Irrigation, Part VJI ..... . 283
The Mysore Irrigation Act, Chapter VII ..... . 034
Thr Travancorc Irrigation Act, Sec. 24 ..... 149
Lands Uncultivated
The East Punjab Utilization of Lands Act, Src. '\ ..... 20
The Kumaon Navabad and Waste Lands Act, Chapter II .... 37
The Madhya Bharat Land Utilization Act, Sec. 3 ..... 24
The U. P. Land Utilization Act, Sec. 3 ....... 12
Land Fallow Cultivation of
The C. P. and B*-rar (Madhya Pradesh) Cultivation of Fallow Lands Act, Sec. 3 4
The Madhya Bharat Land Utilization Act, Sec. 4 ...... 25
The Mysore Cultivation of Fallow Lands Act, Sec. 5 ..... 9
Land Lea ie
The C. P. and Berar (Madhya Pradesh) Cultivation of Fallow Land, Act, Sec 5 A 6
The East Punjab Utilization of Land Act, Sees. 5 and 6 . . . . . 21
The Kumaon Nayabacl and Waste Lands Act, Sec. 22 ..... 40
The Mysore Cultivation of Fallow Lands Act, Sec. 7 ... . 10
Lan I Poswsswn of-
The Bhopal Reclamation and Development of Land Ordinance, S^c. 10 . . 50
The Bihar Waste Land:, Act, Sec^. 3 4 & 8 29 31
The Dilhi and Ajmer-Mcrwara Ldiid Development Act, Sees. 21 & 22 . . 423
The Madhya Bharat Land D -vrlopment Act, Sec. 7 438
The East Punjab Utilization of Land Act, Sec 3 20
Loans
The Bombay Khar Lands Act, Sec. 26 ........ 103
The Drlhi and Ajmer-Merwara Land D?velopment Act, Sec. 8 ... 420
The Travancore and Cochin Land Development Act, Sec. 12 . . . . 432
Movement Res tnction
(Central) The Destiuctive Insects and Pests Act, S?c. 3 .... 334
The Assam Agricultural Pests and Diseases Act, Sec. 3 .... 373
The Bombav Agricultural Pests and Diseases Act, Sec. 3 .... 355
The Coorg Agricultural Pests and Diseases Act, Sec. 3 .... 347
The Punjab Agricultural Pests, Diseases and Noxious Weeds Act, Sec. 3 . . 367
The Patiala Destructive Insects and Pests Act, Sec. 2 351
The Rewa State Agricultural Pests and Diseases Act, Sec. 3 .... 361
The Travancore Plant Pests and Plant Diseases Regulation, Sec. 4 . . 344
446 INDEX
PAGE
Notice Declaration of Insects 9 Pests t etc.
(Central) The Destructive Insects and Pests Act, Sec. 2 .... 334
The Assam Agricultural Pests and Diseases Act, Sec. 3 ..... 373
The Bombay Agricultural Pests and Diseases Act, Sec. 3 .... 355
The Coorg Agricultural Pests and Diseases Act, Sec. 3 . . . . 347
The East Punjab Agricultural Pests, Diseases and Noxious Weeds Act, Sec. 3 367
The Madras Agricultural Pests and Diseases Act, Sec. 3 . . . . . 338
The Rewa Agricultural Pests and Diseases Act, Sec. 3 ..... 361
The Travancore Plant Pests and Plant Diseases Act, Sec. 3 .... 343
For Possession and entry, etc.
The Assam Land (Requisition & Acquisition) Act, Sec. 5 . 325
The Jammu & Kashmir Land Preservation Act, Sec 16 . . 94
The Orissa Development Act, Sec. 4 ...... . 413
The Madhya Bharat Irrigation Act, Sec. 14 .... . 269
The Travancore Plant Pests and Plant Diseases Regulation, Sec. 6 . 344
7 or compliance with Order
The Assam Agricultural Pests and Diseases Aet, Sec 4 . . . . 373
The Bombay Agricultural Pests and Diseases Act, Sec. 4 ... 355
The Madras Agricultural Pests and Diseases Act, Src. 4 .... 338
The Punjab Agricultural Pests, Diseases and Noxious Weeds, Act, Sec. 4 . . 367
The Rewa Agricultural Pests and Diseases Act, Sec. 4 . 361
The Travancore Plant Pests and Plant Diseases Regulation, Sec. 7 . . . 344
Officers Appointment <? J~ottws.
The Bombav Khai Lands Act, Sec. 9 .... ... 99
The Bombay Irrigation Act, Sees 4, 77 . . . . . . 117,139
The C. P. (Madhya Pradesh) Irrigation Act, Chapter II . . 184
The Cochin Irrigation Regulation, Sec. 4 ....... 232
The Madhya Bharat Irrigation Act, Sec. 5 .... . 268
The Travancore Irrigation Act, Sec. 3 . .... 14.4
anchayats
The Bihar Private Irrigation Works Act, Chapter IV . . . . 163
The Cochin Irrigation Regulation, Sec. 6 ..... 23-3
The C.P. (Madhva Pradesh) Irrigation Act, Sec. 62 ..... iq8
The Mysore Irrigation Act, Chapter IX ....... 227
enalty
(Central) The Destructive Insects and Pests Act, Sec. 5-A . 3 ( -$6
The (Central) Essential Supplies Temporary Powers Act, Sec. 7 ... 381
The Assam Land (Requisition and Acquisition) Act, Sec. 10 ... 328
The Assam Agricultural Pests and Diseases Act, Sec. 14 . . . . . 376
The Assam Embankment & Drainage Act, Sees. 12 & 13 . . . . 320
The Bombay Agricultural Pests and Diseases Act, Sec. 13 . . . . 358
The Bombay Growth of Food Crops Act, Sec. 1 1 ...... 391
The Bombay Irrigation Act, Part VIII 133
The Bombay Khar Lands Act, Sec. 39 ....... 105
The Bombay Land Improvement Schemes Act, Sec. I2-A .... 83
The Cochin Preservation of Eries Act, Sec. 5 310
INDEX 447
PAGE
Penalty 'contd.
The Coorg Agricultural Pests and Diseases ^ct, Sec. 16 . . . . . 349
The Delhi and Ajmer-Merwara Land Development Act, Sec. 9 ... 420
The East Punjab Agricultural Pests, Diseases and Noxious Weeds Act, Sec. 9 . 369
The East Punjab Conservation of Manures Act, Sec. 13. .... 56
'The East Punjab Seeds and Seedlings Act, Sec. 6 ...... 53
The East Punjab Utilization of Land Act, Sees. 8 and 9 22
The Jammu and Kashmir Land Preservation Act, Sec. 18 94
The Kumaon Nayabad and Waste Lands Act, Sec. 24 41
The Madhya Bharat Irrigation Act, Part IX 285
The Madhya Bharat Land Utilization Act, Sec. 7 ..... 27
'The Madras Agricultural Pests and Diseases Act, Sec. 15 . . . . 341
The Malabar Irrigation Act, Sec. 18 . . . . . . . . 264
The Mysore Irrigation Act, Chapter X ....... 228
The Orissa Development Act, Sec. n . . . . . . . . 416
The Patiala Destructive Insects and Pests Act, Sec. 9 ..... 352
The Rewa Agricultural Pests and Diseases Act, Sec. 14 363
The Saurashtra Growth of Food Crops Ordinance, Sec. 13 . . . 397
The Travancore Plant Pests and Plant Diseases Act, Sec. 9 .... 345
The U P. Land Utilization Act, Sec 7 ....... 13
The West Bengal Land (Requisition and Acquisition) Act, Sec. 10 . . . 332
The West Bengal Tank Impiovemcnt Act, Sec. 35 ..... 307
cts Delegation
The (Central) Essential Supplies ('Itmpcran lowers) Act, Sec. 4 ... 38:
The Assam Agricultural Pests ar.d Diseases Act, Sec 21 . . . . . 376
The Bhopal Reclamation and Development of Land Ordinance, Sec. 15 . 51
The Bihar Private Irrigation Works Act, Sec. 6 157
The Coorg Agricultural Pests and Diseases Act, Sec. 2: . . . . 351
The Bombay Agricultural Pests and Diseases Act, Sec. 16 . 359
Hie Bombay Growth of Food Crops Act, Sec 12 . . . . . 391
The Bombay Land Improvements Schemes Act, Sec 21 . . 85
The East Punjab Agricultural Pests and Noxious Weeds Act, Sec. 12 . . 370
The East Punjab Conservation of Manures Act, Sec. 19 . .... 57
The East Punjab Reclamation of Land Act, Sec. 7 ..... 43
The East Punjab Utilization of Land Act, Sec 12 . . . . . . 22
The Madhy a Bharat Rural Development Act, Sec .13. . . . . 439
The Madhya Bharat Tractor Cultivation Act, Src. 7 ..... 66
The Madras Agricultural Pests and Diseases Act, Sec. 20 .... 342
The Madras Irrigation Works Act, Sec. 7 ....... 244
The Madras Land Impiovemcnt Schemes Act, Sec. 19 . . , , . 114
The Saurashtra Growth of Food Crops Ordinance, Sec. 14 . . . . 397
The West Bengal Land Development and Planning Act, Sec. 13 . . . 405
The West Bengal Tanks Improvement Act, Sec. 34 .. . . . . 307
To enforce Measures
The Assam Agricultural Pests and Diseases Act, Sec 6 374
The Bombay Agricultural Pests and Diseases Act, Sec. 7 356
The C. P. (Madhya Pradesh) Reclamation of Land Act, Sec. 9 ... 35
The East Punjab Conservation of Manure Act Sec. 12 56
44.8 INDEX
PAGE-
To enforce Measures contd.
The East Punjab Preservation of Land Act, Sec. 5A 6g
The East Punjab Reclamation of Land Act, Sec. 4 ..... 42
The Jammu and Kashmir Land Preservation Act, Sees. 8 and 9 . . . 91 92
The Madhya Bharat Eradication of Kans Act, Sec. 9 4^
The Madhya Bharat Municipal Refuse Act, Sec. 5 59
The Madhya Bharat Village Refuse Act, Sec. 4 61
The Rewa State Agricultural Pests and Diseases Act, Sec. 6 . . . . 361
To enter I and Infection eU.
The Assam Agricultural Pests and Diseases Act, Sec. 5 . . . . 374
The Assam Embankment and Drainage Act, Sees. 3 and 8 . . . . S 1 ^
The Assam Land (Requisition and Acquisition) Act, Sec. 9 .... 3 2 7
The Bihar Private Irrigation Wot ks Act, Sec. 39 i? 6
The Bombay Agricultural Pests and Diseases Act, Sec 5 . . . . 355
The Bombay Land Improvement Schemes Act, Sec. 16 .... 85
The Delhi and Ajmer-Merwara Land Development Act, Sec. 17 . . . 4 22
The East Punjab Agricultural Pests, Diseases and Noxious Weeds Act, Sec. 5 . 367
The East Pumab Conservation of Manure Act, Sec 1 1 ..... 5^
The Ea^t Punjab Reclamation of Lands Act, Sec. 3 4 2
The East Punjab Improved Seeds & Seedlings Act, Sec. 5 53
The Jammu and Kashmir Land Preservation Act, Sec. 12 .... 9*5
The Madhya Bharat Irrigation Act, Sec. 14 . . . - - 269
r l he Madhva Bharat Rural Development Act, Sec. 1 1 439
The Madras Agricultural Pests and Diseases Ac t, Sec. 5 339
The Madras Irrigation Works Act, Sec. 6 ...... 244
The Madras Land Improvement Schemes Act, Sec. 15 . ... 113
The Malabar Irrigation Act, Sec. 17 - 264
The Mysore Irrigation Act, Sec. 5 217
The Ti avancore-Cochin Land Development Act, Sec. 13 . . 433
The Travancore Plant Pests and Plant Diseases Act, Sec. 6 .... 344
The West Bengal Land (Requis tion and Acquisition) Act, Sec. 9 ... 33 2
The West Bengal Tanks Improvement Act, See. 31 3 1 '7
Exemptions
Bombay Growth of Food Crops Act, Sec. 7 3 r >9
C.P. and Berar (Madhya Pradesh) Cultivation of Fallow Lands Act, Sees. 4
and 5. :>
To make Rules
The Destructive Insects and Pests Act (Central), Sec 40 . . . 335
The Assam Agricultural Pets and Diseases Act, Sec. 22 377
The Assam Land (Requisition and Acquisition) Act, Sec. 13 . . . . 3 2 &
The Assam Embankment and Drainage Act, SedJ 17 322-
The Bhopal Reclamation and Development of Land Aci, Stc. 17 . - 5 1
The Bihar Private Irrigation Works Act, Sec. 40 '77
The Bihar Public Irrigation and Drainage Works Act, Sec. 31 257
The Bihar Waste Lands Act, Sec. 12 .. ... 32
The Bombay Agricultural Pests and Diseases Act, Section 17 . . 359
The Bombay Growth of Food Crops Act, Sec. 13 .... 39 J
The Bombay Khar Lands Act, Sec. 46 lo6
The Bombay Land Improvement Schemes Act, Sees. loA and 24 ... 82,86
The Coch'n Irrigation Regulation, Sec. 34 .. ... 239
INDEX 449
PAGE
To make Rules contd.
The C.P. and Berar (Madhya Pradesh) Reclamation of Lands Act, Sec. 13 35
The C.P. and Berar (Madhya Pradesh) Cultivation of Fallow Lands Act, Sec. 6 y
The Coorg Agricultural Pests and Diseases Act, Sec. 22 350
The Delhi and Ajmer-Merwara Land Development Act, Sec. 32 ... 426
The East Punjab Agricultural Pests, Diseases and Noxious Weeds Act, Sec. 13 . 370
The Easr Punjab Conservation of Manures Act, Sec. 23 ... . 57
The East Punjab Reclamation of Lands Act Sec. 9 43
The East Punjab Improved Seed and Seedlings Art , ST. 8 .... 53
The East Punjab Tractor Cultivation Ac t, Sec. q 64
The East Punjab Utilization of Land Act, Sc. 1 6 22
The Hyderabad Commercial Crops Regulations Act, Sec. ii .... 400
Thc Jammu and Kashmir Land Preservation Act, Sec. 20 .... 95
The Kumaon Nayabad and Waste Lands Act, Sec. 23 ..... 41
The Madhya Eharat Eradication of Kans Act, Sec. 12 ..... 46
The Madhya Bharat Irrigation Act, Sec. 76 .... . 286
The Madhya Bharat Land Vtih/ation Act, Sec. 9 ...... 27
The Madhya Bharat Village Refuse Act, Sec. 8 fli
The Madhya Bharat Tractor Cultivation Act, Sec. 8 .... 66
The Madras Agricultural Pests and Diseases Act, Sec. 21 . . . . 342
The Madras Irrigation Tank (Improvement^ Act, Sec. 7 .... 314
The Madras Irrigation Works Act, Sec. 1 1 . . . . . . . 244
The Malabar Irrigation Act, Sec. 20 ....... 265
The Madias Land Improvement Schemes \ct, Sec. 23 .. . 114
The Mvsore Cultivation of Fallow Lards Act, Sec. J 2 . ... n
The M\sore Irrigation Act, Sec 56 ...... 230
The On&sa Land Development Act, Sec. 14 ... ... 416
The Patiala Destructive Insects and Pests Act, Sec. 7 3^2
The Rewa Agricultural Pests and Diseases Act, Sec. 21 ... 364
The Saurashtra Growth of Food Crops Ordinance, Ser. i ... 397
The Travancore Irrigation Act, Sec. 30 .. . . 150
The Travancore-Cochm Land Development Act, Sec. 21 . h . . 434
The Travancore Plan ' Pests and Plant Diseases Act, Sec 10 . . . 345
The U.P. Rural Development Act, Sec. 16 410
The U.P. Land Utilization Act, Sec. 10 14
The West Bengal Land Development and Planning Act, Sec. 14 ... 405
The West Bzn^al Land (Requisition Acquisition) Act, Sec. 13 . 3T3
The West Bjn^al Tanks Improvement Act, 1939, Sec. 37 .... 308
To notily Areas
The C. P. (Madhya Pradesh) Reclamation of Land Act, S^c. 3 ... 33'
The Jammu and Kashmir Land Preservation Act, Sec. 3 .... 8c)
The Punjab Conservation of Manures, Act, Sec. 3 . ... 54
The Punjab Land Preservation Act, Sec. 3 68
The Punjab Reclamation of Land Act, Sv.*c. 4 ... 42
The West Bengal Land Development jflfa Planning Act 24 . . . 402
Preamble
The (Central) Destructive Pests and Insects Act . '4,$4
The (Central) Essential Supplies (Temporary Powers) Act . . 3^8
The Assam Land (Requisition and Acquisition) Act . . . 323
The Assam Agricultural Pests and Diseases Act ... . 472
The Assam Embankment and Drainage Act ... . 315
The Bhopal Reclamation and Development Ordinance . . . 147
45 INDEX
PAGE
Preamble contd .
The Bihar Private Irrigation Works Act 152
The Bihar Public Irrigation and Drainage Works Act 246
The Bihar Waste Lands Act 28
The Bombay Agricultural Pests and Diseases Act 354
The Bombay Growth of Food Crops Act 387
The Bombay Irrigation Act . . . . . . . . . 115
The Bombay Khar Lands Act 96
The Bombay Land Improvement Schemes Act ...... 78
The C. P. & Berar (Madhya Pradesh) Cultivation of Fallow I and Act . . 3
Th- C. P. (Madhya Pradesh) Irrigation Act 181
The C. P. & Berar (Madhya Pradesh) Reclamation of Land Act ... 33
The Cochin Irrigation Regulations ........ 231
The Cochin Preservation of Eries Act . . . . . . . . 310
The Cochin Proclamation .......... 386
The Coorg Agricultural Pests and Diseases Act ...... 346
The Delhi and Ajmer-Merwara Land Development Act . . . 417
The East Punjab Agricultural Pests and Diseases Act ..... 366
The East Punjab Conservation of Manure Act ...... 54
The East Punjab Imprcn ed Seeds and Seedlings Act ..... 52
The East Punjab Land Preservation Act ....... 67
The East Punjab Reclamation of Land Act ....... 42
The E^st Punjab Tractor Cultivation Act ....... 63
The East Punjab Utilization of Land Act ....... 20
The Himachal Pradesh Agricultural Pests and Disease, Act . 371
The Hyderabad Restriction of Cash Crops Regulation ..... 398
TheJVmmu and Kashmir land Preservation Act . . 89
The Kum^on Nay* bad and Waste Land* Act . . 36
The Madhya Bharat Irrigation Act . . ... 266
The Machva Bharat Municipal Refuse Act . . 59
The Madh\a Bharat Requisition of Land (Rural Development) Act . . 436
The Madhva Bharat Utilization of Land Act .... 23
The Madhva Bharat Tractor Cultivation Act . . . ^5
The Madhxa Bh,irat Villages Refuse Ordinance .... 61
The Madras Agricultural Pests and Diseases Act . 337
The Madras Irrigation Works Act ...... 241
The Madras Irrigation Tanks (Improvement) Act ... . 312
The Malabar Irrigation Works Act 259
The Mysore Cultivation of Fallow Land Act ...... 8
The Mysore Irrigation Act ... ....... 215
The Mysore Minor Tank Restoration Act ....... 288
The Orissa Development Act . 4 12
The Patiala Destructive Insects and Pests Act . . . 35 T
The Rewa State Agricultural Pests and Diseases Act . . 360
The Saurashtra Growth of Food Crops Ordinance ...... 393
The Travancore Irrigation Act ........ 143
The Travancore Land Development Act . . . . . . 4 2 &
The U.P. Land Utilization Act 12
The U.P. Rural Development Act 4
The West Bengal Land (Requisition and Acquisition) Act . . . . 329
Th6 West Bengal Land Development and Planning Act 401
The West Bengal Tanks Improvement Act 290
INDEX 45 *
PAGB
Prescribed Authority
The West Bengal Land Development and Planning Act, Sec. 3 ... 402
Rates and Fees
The Assam Embankment and Drainage Act, Sec. g(ii) 319
The Bihar Public Irrigation and Drainage Works Act, Chapter VII . . . 254,
The Bombay Irrigation Act, Chapter Vt 127
The Delhi and Ajmer-Merwara Land Development Act, Sec. 29 ... 4^5
The Madhya Bharat Irrigation Act, Part V 27$
The Malabar Irrigation Act, Sees. 12-15 265
The Mysore Irrigation Act, Chapter IV . . . . . . . 219
The West Bengal Tanks Improvement Act, Section 17 . . . . 301
Recovery of Expenditure
The Assam Agricultural Pests and Diseases Act, Sec. 8 . . , . ^74
The Assam Embankment and Drainage Act, Sec. 9 . 320
The Bhopal Reclamation and Development of Land Ordinance, Sec. 8 49
The Bihar Private Irrigation Works Act, Sec. 7 ...... 157
The Bihar Public Irrigation & Drainage Works Act, Sees. 13 and 22 . . 251, 255
The Bihar Waste Lands Act. Section 7 30
The Bombay Khar Lands Act, Sees. 25, 29, 30 and 41 ..... 103, 105
The Bombay Land Improvement Act, Sec. 25A .... . 8"
The Cochin Preservation of Eries Act, Sec. 6 . . . . . . . o lo
The C.P. (Madhya Pradesh) Reclamation of Lands Act, Sec. 7 ... 3^
The Cochin Irrigation Regulation, Sec. 15 . . . . m m 2 ^
The Coorg Agricultural Pests and Diseases Act, Sec. 9 04$
The Delhi and Ajm^r-Merwara Land Development Act, Sees. 12 and 27 4.^1 42 r
The East Punjab Agricultural Pests, Diseases and Noxious Weeds Act, Sec. 7(2) . 369
The Fast Punjab Tractor Cultivation Act, Sec. 7 ...... QA
The East Punjab Utilization of Land Act, Src. 10 . . . . t > 2rt
The Madhva Bharat Eradication of Kans Act, Sec. 7 ..... 4 r
The Madhya Bharat Tractor Cultivation Act, Sec. 6 ^
The Madhva Bharat Village Refuse Act, Sees. 7 ..... ho
The Madras Agricultural Pests and Diseases Act, Sec. 8 . . . ,
The Madras Irrigation Works Act, Sees. 3 5 ...... 042 ^44
The Madras Land Improvement Schemes Act, Sees, u and 16. m IIC v
The Rewa State Agricu'tural Pests and D^eases Act, Sec 8 ... -262
The Travancore-Cochin Land Development Act, S?c. 16 404
The Travancore Irrigation Act, See. 16 ..... 14
The U.P. Rural Development Act, Sec. 13 . . . , R)
The West Bengal Tank Improvement Act, Sec. 24 .... QC.G.
Register
The Bihar Public Irrigation and Drainage W r ork Act, Sec. 18 . . 2^4
Registration
The Bombay Land Improvement Schemes Act, S-c. 19 . g_
Rent and Revenue
The Bombay Growth of Food Crops Act, Sec. 10 >
The Bombay Land Improvement Schemes Act, Sec. 18 .... gc
The Saurashtra Growth of Food Crops Ordinance, Sees, u and 12 . oqt
The Travancore and Cochin Land Development Act, Sec. i- . \\*
.Repairs
INDEX
PAUE
The Bihar Private Irrigation Works Act, Chapter II ..... 1^4
The Bombay Land Improvement Schemes Act, Sec. 14 ..... 84
The Cochin Irrigation Regulation, Sees. 5 and 16 . . . . . . 232, 235
The Delhi and Ajmcr-Merwara Land Development Act, Sec. 15 . . . 421
Tlie Madras Irrigation Works Act. Sec. 2 ...... 241
"Ihe Madras Land improvement Schemes Act, Sec. 14 . . . . . 112
The Malabar Irrigation Act, Sec. 5 ....... 260
The Mvsore Irrigation Act, Sec. 6 ........ 217
The Travanrore-Cochin Land Development Act, Sees. 14 and 15 . . 433
The Travancore Irrigation Act, Sees. 4 and 5 ... . 144
Duty to
The Assam Agricultural Pests and Diseases Act, Sec. 13 .... 375
The Bombay Agricultural Pests and Diseases Act, Sec. 12 . . . . 358
The Coorg Agricultural Pcsfv and Diseases Act, Sec. 14 . . . . , 349
The East, Punjab Agricultural Pests Diseases and Noxious Weeds Act, Sec, " 3^9
The Madras Agricultural Pests and Diseases Act, Sec. 13 . . . . 341
Ropcnl Scrutiny r-Sulm u\ion of
The Bihar Public Irrigation and Drainage Work's Act, Sec. 5 .... 248
The Bombay Khar Lands Act, Sees 14 and 15 . . . . . joi
The Bombay Land I mpH>veincms Sclu-mes Art, Sec. <) ..... 81
The Delhi and Ajmcr-Mrrwara Land Development Act, Sees. 5 and 7 . 419, 420
The Madras Land Improvements Schemes Art, Sec. 7 ..... no
The Travancote-Cochm Land Development Art, Sees. 5 ai;dC . . . 430
Requisition and Release
The Assam Land (Requisition and Acquisition) Act, Sec. 3 .... 324
The Madhya Bharat Rural Development Act, Sees. 4 and 8 . . 437 43^
The Orissa Development Act, Sec. 3 . . . . . . . 413
The U. P. Rural Development Act, Sees. 3, 6, 7 and 10 ..... 407 409
The West Bengal Tank Improvement Act, Sec. 3 ..... 291
The West Bengal Land (Requisition and Acquisition) Act, Sec. 6 . , . 930
Rights, etc. Records of
The Bombay Irrigation Act, Sec. 76 ........ 139
The Jammu and Kashmir Land Preservation Act, Sec. 15 .... 9
The Madras Lands Improvement Schemes Act, Sec. 13 . . . . . 112
The West Bengal Tank Improvements Act, Sec. 22 ..... 304
Seeds Improved
The East Punjab Seed and Seedlings Act, Sec. 4 .... 52
SchemesEnforcement and Execution
The Bombay Land Imrpovement and Schemes Act, Sec. 1 1 9
The Madras Land Improvement Schemes Act, Sec. 8 ..... no
The Travancorc-Cochin Land Development Act, Sec. 9 .... 431
The West Bengal Land Development and Planning Act, Sec. 5 . 4109
INDEX 453
PAGE
Schemes Preparation, Publication of Modification
The Assam Embankment and Drainage Act, Sec. 9 319
The Bihar Public Irrigation and Drainage Works Act, Chapter II . . 247
The Bombay Khar Lands Act, Sees. 12, 13 and 15 . . . . . . 100,101
The Bombay Land Improvements Schemes Act, Sees. 5 and 9 . . . . 81,83
The Delhi and Ajmer-Merwara Land Development Act, Sees. 4 and 6 . 418
The Madras Land Improvement Schemes Act, Sees. 3-3, and 7 ... 109,110
The Mysore Irrigation Act. Sec. 29 ........ 223
Short Title and Extent
The (Central) Destructive Inserts and IVsts Act S o i . . . . . 334
The (Genual) Essential Supplies (Temporary Powers; Act Sec. i . . 378
The Assam Agricultural Pests and Diseases Act, Sec. 2 . . . . 372
The Assam Embankment and Drainage Act, Sec. i . . . . . 315
The Bhopal Reclamation and Development of Lands (Eradication of Kans)
Ordinance, Stc. i ........ 47
The Bhopal Land Utilization Ac t, . 19
The Bihar Private Irrigation Woiks Act, Sec i ...... 152
The Bihar Public Irrigation and Drainage Works Act, Sec. i . . . . 246
The Bihar Waste Lands Act, Sic. i ...... 28
The Bombay Agricultural Ptsts and Diseases Act, Sec. i . . . . . 354
The Bombay Growth ol Food Crops Act, <H-C. i ...... 387
The Bombay Irrigation Act, Sec. i ........ 115
The Bombay Khar Lands Act, Sec. i ........ 96
The Bombay Land Improvement Schemes Act, Sec. i ..... 78
The Cochin Irrigation Regulation, Sec. I ....... 231
The Cochin reservation of Enes Act, Sec. i ....... 310
The Cochin Proclamation Act, ........ 386
The Coorg Agricultural Pests and Diseases Act, Sec. i ..... 346
The Delhi Land Utilization Act, Sec . T ....... 17
The Delhi and Ajmcr-Merwaia Land Development Act, Sec. i ... 417
The East Punjab Agricultural Pests and Diseases Act, See. i 366
The East Punjab Conservation of Manure Act, Sec. i ..... 54
The East Punjab Improved Seeds and Seedlings Act, Sec. i 52
The East Punjab Land Preservation Act, Sec. i . 67
The East Punjab Reclamation of Land Act, Sec. i ..... 42
The East Punjab Tractor Cultivation Act, Sec. i 63
The East Punjab Utilization of Land Act, Sec. i ...... 20
The Himachal Pradesh Agricultural Pests and Diseases Act .... 371
The Hyderabad Restriction of Cash Crops Regulation Sec. i 398
The Kumaon Nayabad and Waste Lands Act, Sec. i ..... 36
The Jammu and Kashmir Land Preservation Act, Sec. i 89
The Madhya Bharat Irrigation Act, Sec. i 266
The Madhya Bharat Kans Eradication Act, Sec. i 44
The Madhya Bharat Municipal Refuse Act, Sec. i ..... 59
The Madhya Bharat Requisition of Land (Rural Development) Act, Sec. i . 436
The Madhya Bharat Utilization of Land Act, S-c. i 36
The Madhya Bharat Tractor Cultivation Act, Sec. i 65
The Madhya Bharat Village Refuse Ordinance, Sec. i 61
The Madhya Pradesh (C.P. and Berar) Cultivation of Fallow Land Act, Sec, \ 3
The Madhya Pradesh (G.P.) Irrigation Act, Sec. i 181
The Madhya Pradesh Reclamation of Land (Eradication of Kans) Act, Sec. i . 33
The Madras Agricultural Pests and Diseases Act, Sec. i . . , . * 33;
The Madras Irrigation Works Act, See. I 241
The Madras Land Improvement Schemes Act, Sec. i ..... 108
454 INDEX
PAG*
Short Title and Extent -contd.
The Madras Irrigation Tanks (Improvement) Acti Sec. i . . . . 312*
The Malabar Irrigation Works Act r Sec. i 259..
The Mysore Cultivation of Fallow Land Act, Sec. i ..... 8;
The Mysore Irrigation Act, Sec. i . , . . . . . . oj^
The Mysore Minor Tank Restoration Act, Sec i ...... 28&
The Orissa Development Act, Sec. i . . . .^ . . . 410
The Patiala Destructive Insects and Pests Act, Sec. i ..... 351
The Rewa State Agricultural Pests and Diseases Act, Sec. i 360*
The Saurashtra Growth of Food Crops Ordinance Sec. i . 393:
The Travancore Irrigation Act, Sec. i . . . . . . . . j^
The Travancore-Cochin Land Development Act, Sec i . . . . , 4^8-
The U.P. Land Utilization Act, Sec. i 12
The U.P. Rural Development Act, Sec. J 406-
The West Bengal Land (Requisition and Acquisition) Act, S^c. i . . . 329
The West Bengal Land Development and Planning Act, See. i ... 401
The West Bengal Tank Improvement Act, Sec. i ..... 290-
Suits Bar, etc.
The Assam Land (Requisition and Acquisition) Act, Sec. 12 .... 378
The Assam Agricultural Pests and Diseases Act, Sec. 1 8 ..... 376
The Bihar Private Irrigation Works Act, Sec. 48 . . . . . 180-
The Bihar Public Irrigation and Drainage Works Act, Sec. 29 . . . . 257
The Bihar Waste- Lands Act, Sec. 1 1 .... 32
The Bombay Agricultural Pests and Diseases Act, Sec. 15 . . . . 358
The Bombay Khar Lands Act, Sec. 45 .. ..... i< 6
The Bombav Land Improvement Schemes Act, Sec. 23 ..... 86
The C.P. Reclamation of Lands Act, Sees. 10 and 11 . . . . . 35
The Delhi and Ajmei-Merwara Land Development Act, Sec. 33 427
The East Punjab Agricultural PesN, Diseases and Noxious Weeds Act, Sec. n . 370
The East Punjab Conservation of Manure Act, Sec. 21 . . . , . ^7
The East Punjab Reclamation of Lands Act, Sec. 8 43
The East Punjab Seed* & Seedlings Act, S?c. 7 ..... 5}
The East Punjab Utilization of Land Act, Sec. 8 . ... 4
Ths Hyderabad Cash Crops Regulation, Sec. 9 ......
The Jammu & Kashmir Land Preservation Act, Sec. 19
The Madhya Bharat Irrigation Act, See. 72 . ... 2<J6
The Madhya Bharat Land Utilization Act, Sec. 8 ...... 27
The Madlya Bharat Eradication of Kans Act, Sec. 1 1 ..... 46
The Madras Irrigation Tanks (Improvement) Act, Sec. 4 , . . . ^
The Madras Irrigation Works Act, Sec. 9 ....... 24 1
The Madras Land Improvement Schemes Act, Sec. 21 . . . * . . 14 ^
The Malabar Irrigation Works Act, Sec. 19 2 fi-
The Orissa Development Act, Sec. 13 4 IO
The Patiala Destructive Insects and Pests Act, Sec. 12 c^
The Rewa Agricultural Pests and Diseases Act, Sec. 8 . . . . . 3^4
The Travancor>Cochin Land Development Act, Sec. 19 & 20 . . . 434
The U.P. Rural Development Act, Sec. 4 . 4 , c>
The U.P. Utilization of Land Act, Sec. 18 ,g
The West Bengal Land (Acquisition & Requisition) Act, Sec. 12 . . . 33?
The West Bengal Tanks Improvement Act, Sec. 30 306.
Tanks
The Bengal Tanks Improvement Act, Sec. 2 2 qi
The C.P. (Madhya Pradesh) Irrigation Act, Chapter IXA .... 207
The Mysore Minor Tank Restoration Act, Sec. 2
INDEX 45 J
PAGE
"Tractor Cultivation
The East Punjab Tractor Cultivation Act, Sec. 3 ...... 63
The Madhya Bharat Tractor Cultivation Act, Sec. 3,4 ..... 65
The Bombay Irrigation Act, Part II .... . 117
The Madhya Bharat Irrigation Act, S<fc. 2 ...... 266
Water courses
The Madhya Pradesh (C.P.) Irrigation Act, Sec. 4 . . . 181
The Mysore Irrigation Act, Chapter III ... .... 217
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