The Tamil Nadu Irrigation Works (Repairs, Improvement and Construction) Act, 1943

What the law governs

The Tamil Nadu Irrigation Works (Repairs, Improvement and Construction) Act, 1943 extends to the whole State of Tamil Nadu. It covers Government intervention in private irrigation infrastructure and the recovery of resulting costs and water charges.

The State Government may:

• Repair a privately owned irrigation work that is not operating at maximum efficiency.
• Improve a privately owned irrigation work.
• Construct a new irrigation work on land situated in an estate as defined in the Tamil Nadu Estates Land Act, 1908.
• Supply water from a Government irrigation work to a privately owned irrigation work.

Who may be affected

The Tamil Nadu Irrigation Works (Repairs, Improvement and Construction) Act, 1943 may affect owners of private irrigation works, estate landholders, people legally or customarily responsible for maintaining such works, ryots receiving improved irrigation and people holding interests in land served by the work.

A buyer of land served by an irrigation work should check whether any cost or fee has become payable. A recoverable amount is a charge on the liable person's interest in the lands served by the irrigation work.

Costs, fees and recovery

The State Government initially meets the cost of repairs, improvements or construction and determines the cost after completing the measure. Key provisions include:

• Repair or improvement costs may be recovered as a lump sum from the landholder or other person legally or customarily responsible for keeping the work in repair.
• Construction costs may be recovered from the landholder whose land contains the new work.
• Where a new work serves both estate land and ryotwari land, the landholder's share is based on the proportion of estate land served.
• The construction recovery is capped by reference to the estimated average net additional annual income, capitalised at four per cent.
• After five fasli years, the amount is recalculated using actual average net additional annual income. A difference may be recovered or refunded.
• Water fees may be charged for supplies to ryotwari lands and for water supplied from Government works.

A cost or fee becomes payable when the person concerned receives a written notice of demand. It carries interest from the date it becomes payable, at a rate notified by the State Government, and may be recovered as an arrear of land revenue.

Inspection powers

The District Collector, or an officer appointed by the District Collector, may enter and inspect land and irrigation works at reasonable times for the purposes of the law.