Primary law, Tamil Nadu land law
The Tamil Nadu Irrigation Works (Construction of Field Bothies) Act, 1959
The Tamil Nadu Irrigation Works (Construction of Field Bothies) Act, 1959, Tamil Nadu Act No. 25 of 1959, is a State law that allows the Government and landowners to construct or dig field bothies, small channels that carry irrigation water from Government channels to individual fields, for lands entitled to irrigation under specified irrigation works in the State of Tamil Nadu. It lets the Collector require owners to make these channels, allows exclusion of land from the ayacut if an owner fails to do so after notice, and also allows the Government to build the channels and recover costs from benefited lands and properties.
What this law covers
The Tamil Nadu Irrigation Works (Construction of Field Bothies) Act, 1959, Tamil Nadu Act No. 25 of 1959, applies across the State of Tamil Nadu. It deals with field bothies, which are small channels running from outlets in Government channels to carry and distribute water to individual fields.
Who it affects
This law matters to owners of land in the ayacut of an irrigation work. In this Act, ayacut means land registered as entitled to irrigation under that irrigation work by an authority or officer authorised by the Government.
It also affects people whose lands or properties benefit from a field bothy built by the Government.
Main powers under the law
The Collector can require an owner to construct or dig field bothies in land within the ayacut of an irrigation work.
Key points are:
- the requirement is given by notice
- the notice can specify the time for doing the work
- the work must be done in the prescribed manner
If an owner does not comply, the Collector may, after giving a reasonable opportunity of being heard, order that the land be excluded from the ayacut of the irrigation work concerned.
A person aggrieved by that order can appeal to the District Collector within thirty days from the date of service of the order, subject to delayed admission if sufficient cause is shown. The District Collector must give a reasonable opportunity of being heard, and the District Collector's order on appeal is final and cannot be questioned in any court of law.
Government construction and recovery of cost
The Government may construct or dig field bothies on land belonging to it or acquired for that purpose, even if this interferes with a person's right to take water from a watercourse for irrigating land or for any other purpose.
Where the Government builds a field bothy, the Collector may recover the cost, or part of the cost, from owners of lands and other properties benefited by it.
The cost includes:
- the cost of land acquired for the purpose
- expenditure on special staff employed for the purpose
Restrictions and protection
No person may, except according to prescribed rules, do anything that obstructs or interferes, or is likely to obstruct or interfere, with the flow of water in any field bothy. Contravention is punishable with imprisonment, fine, or both.
The Act also bars suits or other legal proceedings against the Government in respect of acts done or purported to be done under the Act, or on the ground that a field bothy interferes or is likely to interfere with a person's rights. It also protects Government officers and servants for actions done in good faith under the Act.
Irrigation works named in the Schedule
The Schedule names projects and canals including Amaravathi Project, Kattalai High Level Canal, Krishnagiri Project, Lower Bhavani Project, Nanimuthar Project, Mettur Canal, Pullambadi Canal, Sathanur Project, Vaigai Project, Vidur Project, and Cauvery Mettur Project.
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
If my land gets irrigation from a listed project or canal, can I be told to dig a field channel?
Yes. The Collector can require an owner to construct or dig field bothies in land within the ayacut of an irrigation work by notice, within the time and manner prescribed.
What happens if I do not build the field bothy after receiving notice?
After giving you a reasonable opportunity of being heard, the Collector may order that your land be excluded from the ayacut of the irrigation work concerned.
Can the Government build the field bothy itself and charge landowners?
Yes. The Government may construct or dig field bothies on its own land or land acquired for the purpose, and the Collector may recover the cost, or part of it, from owners of lands and other properties benefited by the field bothy.
Can I block or alter the flow of water in a field bothy?
No, unless it is in accordance with prescribed rules. A person who obstructs or interferes, or is likely to obstruct or interfere, with the flow of water in a field bothy can be punished with imprisonment, fine, or both.
