The Tamil Nadu Irrigation Tanks (Improvement) Act, 1949
The Tamil Nadu Irrigation Tanks (Improvement) Act, 1949, Act 19 of 1949, is a State law that empowers the State Government to raise the full tank level of any irrigation tank, or take other measures to increase its capacity or efficiency anywhere in the State of Tamil Nadu. It also sets out who pays for the work, when compensation may be claimed for loss or damage, and how appeals and rule-making will work.
What this law does
The Tamil Nadu Irrigation Tanks (Improvement) Act, 1949, Act 19 of 1949, was enacted to empower the State Government to increase the capacity and efficiency of irrigation tanks in the State of Tamil Nadu.
The Act extends to the whole of the State of Tamil Nadu and came into force at once.
Who it affects
The Tamil Nadu Irrigation Tanks (Improvement) Act, 1949 affects:
- owners of irrigation tanks that do not belong to the Government
- owners of lands and other properties benefited by tank improvement work
- owners of land or property who suffer loss or damage because of measures taken under the Act
- the District Collector, who determines compensation and recovers specified costs
The Act says that "owner" includes any person having an interest in the land or property.
Powers given to the State Government
The Tamil Nadu Irrigation Tanks (Improvement) Act, 1949 gives the State Government power, despite anything in any other law for the time being in force, to:
- raise the full tank level of any tank
- take any other measures for increasing a tank's capacity or efficiency
- do this wherever the tank is situated, whether in a ryotwari, zamindari, inamdari or other area
A private tank owner cannot be required to bear any portion of the cost of carrying out measures in respect of that tank.
Who can be made to pay
The District Collector may recover the cost of the work, or such portion of the cost as the Government may specify, from the owners of lands and other properties benefited by the work.
- recovery is from benefited lands and properties, not from the owner of a non-Government tank as owner of that tank
- the proportions and manner of recovery are to be prescribed by rules
Compensation and appeals
If an owner of land or property sustains loss or damage because of anything done under section 3, the owner is entitled to compensation determined by the District Collector by order.
Key points include:
- compensation for loss or damage from diminished water supply is payable only in such cases, and to such extent, as may be prescribed
- the claim must be made to the District Collector within three years from the date of the loss or damage, or within further time allowed by the District Collector
- the District Collector must hold an enquiry in the prescribed manner
- compensation is a lump sum, even if the loss or damage is recurring
- compensation is paid by the Government
The Government or an aggrieved person may appeal against compensation orders and certain recovery orders to the court named in the Act. The Act also bars courts from entertaining suits or applications for injunctions to restrain the exercise of the powers conferred on the Government by section 3.
Rules
The State Government may make rules by notification in the Fort St. George Gazette to carry out the purposes of the Act.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Can the Government improve an irrigation tank even if some other law says otherwise?
Yes. The Tamil Nadu Irrigation Tanks (Improvement) Act, 1949 says the State Government may raise the full tank level of any tank or take other measures to increase its capacity or efficiency, notwithstanding anything contained in any other law for the time being in force.
If I own a private tank, can I be forced to pay for improvement work on that tank?
No. The Act says the owner of a tank not belonging to the Government shall not be required to bear any portion of the cost of carrying out measures in respect of that tank.
If my land benefits from tank improvement work, can the Government recover money from me?
Yes. The District Collector may recover the cost of the work, or such portion as the Government may specify, from the owners of lands and other properties benefited by the work, in prescribed proportions and manner.
What should I do if my land or property suffers loss or damage because of tank improvement work?
You may apply to the District Collector for compensation. The application must be made within three years from the date on which the loss or damage was sustained, unless the District Collector allows further time.
