The Periyar Irrigation Tanks (Preservation) Act, 1934

What the Act covers

The Periyar Irrigation Tanks (Preservation) Act, 1934 applies throughout Madura district. Its purpose is to preserve in efficient condition tanks belonging to landholders that the Government uses as part of the Periyar irrigation system.

For this law, a tank is one situated wholly or partly in an estate and used by the Government as part of that irrigation system. If there is a dispute about whether an area is, or forms part of, a tank, the Collector of Madura district decides it. The Collector's decision is final.

Who may be affected

The Periyar Irrigation Tanks (Preservation) Act, 1934 may affect:

• Landholders whose estates contain all or part of a covered tank.
• Holders of land irrigated by the Periyar system.
• People who may be responsible for repair work or costs under law, local custom or contract.
• The State Government, which bears the balance of the repair cost calculated under the Act.

A buyer examining estate land near such a tank should check whether the property carries any responsibility arising from law, local custom or contract.

Notice and objections

The Collector must send the relevant landholder copies of the preliminary order, plans and estimates, with written notice requiring an appearance on a specified date. That date must be at least sixty days after the notice.

The order and notice must also be publicised locally through a vernacular translation displayed in conspicuous places and an announcement by beat of drum. A landholder may object that:

• He is not the relevant landholder.
• The tank does not need repair.
• Different measures would be sufficient.
• Another person must perform or pay for some or all of the work under law, local custom or contract.

People holding land irrigated by the Periyar system, and other concerned persons, may also make representations.

Decision and repair costs

After an inquiry, the Collector may confirm, cancel or modify the preliminary order. Before making a modification that disadvantages an absent party, the Collector must give that party a reasonable opportunity to respond.

The total cost includes the work and prescribed establishment, tools and plant charges. Cost allocation is based on specified average irrigated areas during the three preceding faslis. Each landholder's share is calculated using the relevant area in that landholder's estate, while the State Government bears the remaining cost. Liability may instead fall partly on other persons where proved by law, local custom or contract.