Travancore-Cochin Irrigation Act 1956 (Act No. VII)

lTHE TRAVANCORE.COCHIN IRRIGATION ACT, 1956 No. VII OF 1956 An Act to provide for the construction, repair and Dlaintenance of irrigation works, the conser vation and distribntion of water for purposes of irrigation and the levy of bettet:'m.ent con tribution and water cess. PART I PRELIMINARY Short title, ( . . . . q,tent and I. I) ThIS Act may be called the Travancore-Cochin commence- Irrigation Act, 1956. ment, (2) It extends to the whole of the State of Travancore Cochin, DeBnitions, (3) It shall come into force on such date asthe Govern ment may, by notification, appoint. 2. In this Act, unless the context otherwise requires, ( I ) "Collector" means the Collector of a district; (2) "contribution" means the betterment contribution referred to in section 17 ;. (3) "irrigation" with its grammatical variations includes "drainage" with its corresponding variations; (4) "Irrigation Officer" means an f officer appointed by the Government. to perform all or any of the functions of an Irrigation Officer under this Act; (5) "irrigation work" includes (a) all canals, channels, reservoirs and tanks which are intended or 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 canals, channels, reservoirs or tanks; (d) all drainage works, that is to say canals, channels, escape channels from a canal, channel, reservoir or tank, dams, weirs, embankments, sluices, grcynes or other works for the protection or benefit of agricultural lands, or for the reclama tion of kale lands, kayal lands, kari lands, or such other lands ; and (e) all lands occupied by the Government for the purposes ofsuch canals, channels, reservoirs, tanks and all buildings, machinery, fences, gates and • IRe-enacted permanently in Madras (Transferred Territory) by Madras Act 18 of 1957. 484 [ACT VII OF 1956] XXIV of 1955. The T'rauancore-Cochin Irrigation Act, 1956 other erections occupied by or belonging to the Government upon such lands ; (6) "landholder" in relation to anv land means the person liable to pay to the Gov~rnment the public revenue due on the land : Provided that in respect of any land comprised in the holding of a kanarn tenant in the territory to which the Kanam Tenancy Act, 1955, extends, the kanam tenant and not the jenmi shall be deemed to be the landholder in respect of such land; (7) "lift irrigation work" means an irrigation work by which water for irrigation purposes is supplied with the aid of pumping sets or..other mechanical devices; (8) "major irrigation work" includes lift irrigation work and all irrigation works irrigating or useful for the drainage or protection of an extent of over 200 acres; (9) "majority of proprietors" means the proprietors of more than one-half of the acreage benefited by an irrigation work ; (IO) "minor irrigation work" includes all irrigation works other than major and petty irrigation works; (I I) "notification" means a notification published in the Gazette; (12) "petty irrigation work" includes all irrigation works irrigating or useful for the drainage or protection of an extent of not over five acres ; (13) "prescribed" means prescribed by rules made under this Act; (14) "proprietor" means the owner of the land and includes the cultivator or person in actual possession of such land. 4l:l5 3. The Government may, from time to time, by noti- Conferment fication, invest any officer or any Board constituted under of powers. this Act or any member thereof with all or any of the powers or duties conferred or imposed by or under this Act on the Government and shall declare the local limits' within which such powers or duties shall be exercised or performed. PART II PETTY AJ.~D MINOR IRRIGATION WORKS 4' (I) The cons truction, repair and maintenance of all Construction, petty irrigation works shall devolve upon the panchayat rep~~e aand within the local limits of which such petty irrigation works ~t;~t; i~i­ are situated: gation works. Provided that the construction, repair and maintenance of petty irrigation works in local areas where according to 4Afi The Traoancore-Cochin Irrigation Act, 1956 custom such works are carried out, repaired or maintained by the Government wholly at their cost, may be taken up by the Government. (2) The panchayat may, with the previous sanction of the Government, levy an annual cess on any area benefited by a petty irrigation work constructed, repaired or restored wholly or partly at the cost of the panchayat. (3) Such cess shall be fixed upon an acreage basis and So as to ensure to the panchayat a return not exceeding three per cent on the capital expenditure incurred by the panchayat after making provision for depreciation and maintenance : Provided that the cess so fixed shall not exceed Rs. 3-8-0 per acre. (ACT vn. Construction, 5. (I) Save as otherwise provided, the construction, repa;ir and repair and maintenance of all minor irrigation works shall maintenance 1 h G of minor irri- devo ve upon t e ovemment. gation works. (2) The Government may levy an annual cess on any area benefited by a minor irrigation work constructed wholly or partly at the cost of the Government. (3) The cess under sub-section (2) shall be fixed upon an acreage basis and so as to ensure to the Government a return not exceeding three per cent on the capital expenditure incurred by the Government after making provision for depreciation and maintenance : Provided that the cess so fixed shall not exceed Rs. 3-8-0 per acre. (4) If the majority of the proprietors agree to repay the cost incurred by the Government on any minor irrigation work, no cess shall be levied on the lands benefited by such work, but the proprietors shall be liable to maintain the work in such manner and within such time as may be prescribed. The cost incurred by the Government on such work shall be a first charge on the lands benefited and shall be recovered pro rata from such lands as arrears of public revenue in such equal annual instalments, not less than five, and on such dates as may be fixed by the Government from time to time together with interest at three per cent per annum : Provided that the Government may remit in whole or in part the cost incurred by them on any such work and the interest thereon. (5) The Government may levy an annual cess on any area benefited by a minor irrigation work existing at the commencement of this Act and which is restored or repaired .after such commencement wholly or partly at the cost of the Govemrnent. (6) The cess under sub-section (5) shall be fixed upon an .acreage basis and so as to ensure to the Government a return The T rauancore-Cochin Irrigation Act, 1956 not exceeding three per cent on the total cost incurred by them after making provision for the cost of maintenance of such work: Provided that the cess so fixed shall not exceed Rs. 3-8-0 per acre. (7) Nothing in sub-sections (2), (3), (4), (5) and (6) shall apply to minor irrigation works in local areas where according to custom the construction, repair and maintenance of such works are carried out by the Government wholly at their cost. 4-87 6. If in any local area the Collector is satisfied on the Procedure of application of any proprietor interested in a minor irrigation the Collect~r work or otherwise and after making such enquiries as he on ~n :lp~h . cation lor may deem necessary that the work should be executed m the execution of interest of the majority of proprietors, he may cause a plan new minor and an estimate of the work and a specification of the lands irrig ation likely to be benefited thereby to be prepared. works. 7. (1) The plan, estimate and specification prepared :\ot:ce to put under section 6 shall be forwarded to the Government and in objec an abstract of the estimate and the soecification of the lands tio ns. 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 clone to put in their objections before the Collector within a time to be specified in the notice and such notice shall also be served upon the proprie tors concerned. (c ) The Collector shall hear and record the objections, if any, which may be put in and forward the same to the Government with his opinion. 8. If no objections have put in Or if the majority of pro- When Oov prietors agree to the work, the estimate mav be sanctioned cr nment may d h 'k . d h f h' G carrv out thean t e work carne out at t e cost ate overnment. k In any case in which the majority of the proprietors do not wor . agree, if it be found, after duly considering their objections, that the work proposed should be executed in the interest of the proprietors, the Government may order the work to be carried out at the cost of the Government. 9- (1) If in the case of any accident being apprehended Accident to or happening to any petty of minor irrigation work, any ..ny petty, ~r , " .h f .' d d f 'I minor irrr work m t e ndature.o an urgent repal;,lshn.ee!.ek l' ai ure to ;.ption work. carry out or elay m carrying out wruc IS 1 e y to cause' serious damage, the Collector may, notwithstanding any thing contained in sections + to 8, order the execution of such work at the cost of the Government and forthwith report to the Government, and in the case of petty irrigation works to the panchayat concerned, the action taken by him. (2) The cost of any work carried out under sub-section {r) shall be recoverable-' (11.) in the case of a petty irrigation work, from the pan chayat concerned ; and 488 The T'raaancore-Cochin Irrigation Act, 1956 [ACT vn (b) in the case of a minor irrigation work, the cost of construction of which is recoverable under sub-sec tion (4) of section 5, pro rata from the proprie tors. Execution of 10. It shall be the duty of the Irrigation Officer to work for ~he inspect periodically all petty and minor irrigation worksr:oper maine situated within the local limits of his jurisdiction, and to pe~:;ce and report to the Collector the condition of those works. If minor irri- the Collector finds that any work is to be executed for the gation works. satisfactory maintenance of any petty or minor irrigation work, he may, in the case of a minor irrigation work, execute the work at the cost of the Government and with their sanc tion, and in the case of a petty irrigation work, require the panchayat concerned to execute the work within such time as may be fixed by him. If the work is not executed within the time fixed, the panchayat shall be deemed to have made default in performing a duty imposed by this Act and the provisions of section 38 of the Travancore-Cochin Pancha yars Act, 1950, shall, so far as may be, apply in relation to II of 195(). the execution of any such work. PART III MAJOR IRRIGATION WORKS Construction. II. The construction, repair and maintenance of all rep.air and major irrigation works shall devolve on the Government. maintenance of major ir ri, gation works. Procedure of 12. If in any local area, the Collector is satisfied on constr.uct~o~ the application of any proprietor or otherwise, that any of J?3Jor Irk'" new major irrigation work should be constructed or repaired, gabon wor . . such officer may cause a plan and an estimate of the work and a specification of the lands likely to be benefited thereby to be prepared. Investigation 13. The plan, estimate and specification prepared under of objections. section 12 shall be forwarded to the Government and an abstract of the estimate and the specification of the 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 objections before the Collector within a time to be specified in the notice. The Collector shall hear and record the objec tions, if any, which may be put in and forward the same to the Government with his opinion. When the 14· If it be found after duly considering the objections Government that the work proposed should be executed in the interests may carry of the proprietors the Government may order the work to out the work. be carried out at the cost of the Government. Power to levy 15. (I) The Government shall be entitled to levy an cess. annual cess on any land benefited by a major irrigation work the construction, expansion or alteration of which the Govern ment have undertaken. OF 1956J The T'rauancore-Cochin Irrigation Act, 1953 Explanation.r--d» land shall be deemed to be benefited notwithstanding that the benefit is not enjoyed provided such non-enjoyment is not due to an)' default on the part of the Government. (2) In the case of lands benefited by a major irrigation work the construction, expansion or alteration of which the Governmer:t have undertaken .before the rst January, ICJ43, the cess leviable under sub-section (1) shall be fixed upon an acreage basis and so as to ensure to the Government a return not exceeding three per cer-t on the capital out.lav after making provision for depreciation and maintenance. (3) In the case of lands benefited by a major irrigation work the construction, expansion (fr alteration of which the Government have undertaken on or after the 1St Januar; 1943, the cess leviable under sub-section (1) shall be at the following rates : ((I) lands alreadv r::r:;istered::ls single crop wet lands a nd on which two or more paddy crops could be raised .. Rs. 6 per acre. other lands alreadv recistered ::IS wet lands .. Rs. 5 per acre. iand-, made tit for culrivation and on which oniv one paddy era? could be raised - Rs, 6 per acre. (iii lands made fit for cultivation and on which to or more paddy crops could be raised Rs, IO per acre. 489 (e) other lands benefited at such rates per acre not exceeding rupees ten as may be fixed bv the Government - from time to time; Provided that in cases where irrigation water is availed of bv balling- or by means of mechanical contrivance, the water Cl:SS leviable shall be at 50 !,cr ce nt of the rates specified in dame ((I) or clause (b) or clause (c\ or clause (d), as the C:lSC may be. /'.~'(plan(ltion-The right 0[' the Government to levy cess at the rates snecified in this sub-section shall not be affected bv the fact that the lands art~ cultivurccl with crops other than paddy or that the lands arc not actually cultivated. (c~) Arrears of cess levied under this section ~h:111 be::>.r interest at the cite of lour per cent per annum. 16. It shall be the dutv ot'the Irrigation Officer to perilJdi- r"ri~:ltitJn cnlly inspect :,I[ major irr--rar ion ..vorxs and report tn the Officer to Chief Engineer t lu: condition of chose works. The Ch icf f'J·porjt j oerr E . b . . fi I "h .' -,) tC;J. y onngmeer may on erru; satrs cu rrom t .c report nr irom condition of other reliable information that any work IS to be executed major irrr for the proper maintenunce of the work, execute the work 'f:ltionworks; at the cost of the Government. 36-5 Dte.E & S 60 490 The Traoancore-Cochin Irrigation Act, 1956 PART IV BETTERMENT CONTRIBUTION [ACT VI Levy 'of bet- 17. The Government shall be entitled to levy a better te:mc':lt con- ment contribution, in accordance with the provisions of rribution. this Part from the landholder of any land which, in their opinion, is benefited by any major irrigation work the con struction, expansion or alteration of which the Government have undertaken on or after the rst January, 1943. Explanation.-A land shall be deemed to be benefited notwithstanding that the benefit is not enjoyed provided such non-enjoyment is not due to any default on the part of the Government. Amount of 18. (I) The lands benefited by the construction, expan betterment SIOn or alteration of any major irrigation work shall be contribution divided into sUitable classes by the Government and the annual increase in the gross produce of each class of lands consequent on the provision of irrigation facilities shall be estimated: C Provided that all lands which are of the same taram and which, judged by their commandabiliry, are so situated as to derive the same amount cf benefit from the work shall be placed in the same class. (2) The annual increase in the gross produce shall be estimated with reference to the average of the prices prevailing during the five years immediately preceding the date of making such estimate. (3) Twenty times the annual increase in the gross pro duce estimated under sub-scction (I) shall be deemed to be the increase in the capital \ alue of e.ich class of land ; and one-fourth of the sum bv which the said increase in the capital value exceeds the 'cost (escimated in the !--rescrib,,:d manner) of making such class of land fit for advantageous irrigation under the mvjor irrigation work shall be the con tribu tion payable in respect of tha t class of la nd, Explanation»-:The cost of making each class of land fit for advantageous irrigation shall include the cost of converting dry land into wet land. (4) The contribution payable in respect of each class of lands expressed in terms of rate peracre shall be notified in the Gazette and in such other manner, if any, as may be pres cribed : Provided that the officer authorised in rhat behalf shall, before determining the contribution under the foregoing pro visions of this section publish his proposals in the prescribed manner and shall consider suggestions and objections received within the time allowed. (5) An appeal shall lie to the prescribed authority against a decision with respect to the: contribution notified under sub-section (4) and, any modification made on such appeal shall be notified in the prescribed manner. OF 1956J The T raoancore-Cochin Irrigation Act, 1956 (6) An order notified under sub-section (.1-) or, where it is modified under sub-section (5), the order notified under that sub-section, shall be binding on all persons having interest in the lands and shall not be liable to be questioned in a court of law. 491 VII oi 1951. 19. The contribution payable under this Part in respect Contribution of any land shall be deemed to be public 1 evenue due up 0n recoverable the said land ; and the land, the buildings upon it and i.s :1 1 S darrear of d ! II I d d 1 itv cf h ib an revenue.pro ucts s ia re regar e as t Ie secunty c t e contri unon. When the whole or portio'] of an instalment of the contri bution payable in any year is not paid on the due date, the amount of the instalment or its unpaid portion shall be deemed to be an arrear of land revenue and the provisions of the Tr avnncore-Cochin Revenue Recovery Act, 1951, shall apply to the recovery of the said arrear as they apply to the recovery of the revenue due on the land. 20. (I) Contribution shal! become payable under this \Vh~n co ntri Part en :1 written notice of demand therefor issued bv an l-urio n be ffi h' 1 b h G t' thi b h 1f 1'· comes pc.ya-o eel' a ur: iorrscct y 1. e ovcrnrnen 111 IS e a, .ieing ,',Ie. server! on the landholder Provided that no such notice sh:111 be served until the expiry of two years after the elate of provision of irrigation facilities to the land concerned. (2) For the purpose of sub-section (l), the elate of pro vision of irrigation faci i ities to a particular area command ed by the major irrigation work shall be the date which the Government may, by notification, specify, (::;) For the avoidance of doubt, it is hereby declared that it shall not be necessary to serve notice on any person other than the landholder, who has an interest in the lane! or on a successor-in-interest of the landholder or in respect of any instalment of the contribution. 2!. (I) The contribution payable by a landholder Mock of shall be paid by him in twenty equal annual instalments: paym"nt. of contribu uon , Provided that he "hall be entitled to Day the entire con tribution vvit h u rebate of twenty per cent 'within a period of one year frum the dale on which he becomes liable to pay the contribution. (2) Arrears of instalments of the contribution shall hear interest at the fate of lour per cent per annum, 2~. If the Government accept any money from ariv iI,.:!;".t,; in person for the construction, expansion or alteration of any .:"rt;un cases, major irri.rai ion work and sur h D<:fS1Jn becomes liable to pay contribution in r-spcct of' :u;y land benefited by such construction, expansion or al terat ion, the sum ;h:('('ptt-d from him shall be credited towards the contrihution payable by him. 492 The T raoancore-Cochin Irrigation Act, 1956 [ACT VI ~ght of re- 23. Where in respect of a particular, land two or more !mbursemen} persons are liable to pay contribution under chis Part ~~n~~i~~;o~.nothing in the Part shall be deemed to affect the right of each such person to reimbursement from the other. Tenant or 24. Notwithstanding anything contained in sections mortgage Ii- 17, 19, 20 and 2 I where any land benefited by a major irr'i ~blte Ito ptaYr gation work is in the occupation of a tenant under a lease andInS a men 0 hi' . I d h h . h dcontribution. t e essor IS not -entit e to en ance t e rent eit er un er any law governing the lease or under the contract of te nancy, or where such land is in the possession of a mortgagee, the liability to pay the instalment of the contribution falling due during the period of occupation or possession shall be on the tenant or the mortgagee, and the amount so due shall be a charge on the interest of such tenant or mort gagee in the said land and it shall be recoverable from such tenant or mortgagee as an arrear of land revenue and the provisions of sections I7, 20 and '2 I shall apply in relation to any such instalment as they apply in relation to an instal ment due from a landholder. Exemption. 25- If, in the opinion of the Government, the enforce ment of all or any of the provisions of this Part will cause hardship in the case of any class or classes of lands in any locality, the Government may, by notification, setting out the grounds therefor, exempt either permanently or for a specified period, such class or classes of lands from all or any of the provisions of this Part, subject to such conditions, if any, as the Government may deem fit to impose. Postpone- 26. Where there has been a failure of crops in any ment of rc- area, the Government may, notwithstanding anything, covery of . d' hi Phi d d hi Acontribution. containe in t IS a~t or t e ru es m~ e un er t IS ct, postpone for such period as they may think fit, the recovery of any instalment of the betterment contribution. PART V OBTAINING MATERIALS IN EMERGENCIES Impressment 27. (I) Whenever it appears to an Irrigation Officer ~f materials that unless some work or repair is immediately executed W or k urgentr any irrigacion or drainage work would sustain such se-or so. d dd d . blirepair, etc. ricus amage as to cause su en an extensive pu IC injury, such officer or other person authorised by him in this behalf may enter upon or into any immovable pro~ perty in the neighbourhood 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 ofsuch work, repair or clearance. The Irrigation Officer or other person authorised by him who appropriates and removes any materials as aforesaid shall prepare an inventory thereof and keep t as record with his signature affixed thereto. (2) Every person authorised under sub-section (I) shall be deemed to be a public servant within the meaning of section 2 I of the Indian Penal Code. 45 of isso, OF 1956J T'iu 'Traoancore-Cochin Irrigation Act, 1956 493 28. AU persons whose materials may be taken under Payment .for section 27 shall, as soon as mav be reasonablv practicable the rnaterials and in any case within I 5 days from the date'on which the taken. work or repair was completed, be paid by the Irrigation Officer for such materials at 25 per cent in excess of their prevailing market rate and in case of dispute as to the pre vailing market rate, the Irrigation Officer shall at once refer the dispute to the decision of the Collector, and such decision shall be final. 29. Whenever as a result of the removal under section Compensa 27 of any trees, bamboos, earth, stone or other materials, don f?r d~­ any other damage results directly to any person, the Irri- :nage in ::ri: gation Officer shall payor tender payment for such damage ~~f. rna 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 and such decision shall be final. PART VI REGULATION OF WATER SUPPLY 30. (I) The distribution of the water of all minor and Distribution major irrigation works constructed, repaired or maintained of water wholly or partly at the cost of the Government shall be from lrknga I d b 'h I db" d 1I0n wor s.regu ate y sue ru es or or ers as may e prescrroc or issued by Government [rom time to time. (2) The distribution of water from all petty irrigation works constructed, repaired or maintained wholly or partly at the cost of the panchayat shall be regulated by such bye laws as may be framed in that behalf by the panchayat. The distribution of water from petty irrigation works, in local areas where according to custom such works are carried out, repaired or maintained by the Government wholly at their cost shall be regulated by such rules or orders as may be prescribed or issued by Government [rom time to time. PART VII PENALTIES AND PROCEDURE 31. Whoever without proper authority does any of the Offences following acts, that is to say,- punishable under the ( I) injures, alters, enlarges or obstructs any irrigation Act. work; interferes with, increases or diminishes the supply of water in, or the flow of water from, through, over or under any irrigation work; interferes with or alters the flow of water in any irrigation work so as to endanger, injure or render less useful any such work; being entitled to the use of the irrigation work, causes or occasions waste of the water in such irrigation work. or interferes with the authorised distribution of water therefrom or uses such water in an unauthorised manner; 494 The T'raoancore-Cachin Irrigation A.ct, 1956 [ACT V Power arrest without warrant. (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) destroys or moves any level mark or water gauge fixed by the authority of a public servant; shall 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. Cost of 32. Where any person is convicted of an offence under ~~:t~g 0::: s~ction 3I any, Irrihgatl d' en Officer ma l y remove t~e hobstlruc-} recovered non or '('epalr t e amage or rep ace or repair t e eve from convic- mark or water gauge in respect of which the conviction has ted person. taken place and the cost thereof shall be recoverable from such person as arrears of public revenue. Sui~ or appli- 33. Except where otherwise provided or where an ~allon fOfr the order or decision is declared to be final, all claims in respect Issue 0 an f hi d d hi A be tri db h C' '1injunction 0 anyt 109 one un er t IS ct may e me y t e IVI . Courts; but no such Court shall entertain a suit or applica tion for the issue of an injunction to restrain the exercise of any powers conferi ed by this Act 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 adju dicate the rights between private parties. 10 34. Any person in charge of an irrigation work or of the distribution of water from such work may take into custody without a warrant and take forthwith before a Magistrate 01 to the nearest police station to be dealt with according to law, any person, who, within his view, commits any ofthe following offences : (I) wilfully injures or obstructs any irrigatioh work ;. or (2) without proper authority interferes with the supply or flow of water in or from any irrigation work. l~e ri od, of 35. The period of limitation for an appeal under thisrmrtatron. A be si fi fct shall e SIxty days rom the date 0 the order appealed against. PARTvnI MISCELLANEOUS Protection of 36. No suit or prosecution or other legal proceeding act~on~aken shall lie against any person in respect of anything done or un er ct. intended to be done in good faith under this Act or the rules. made thereunder. Dar of action 37. No action shall lie against the Government or a against panchayat for not complying with the application of ryots Gover~ent for the construction, repair, improvement or restoration orpan ayat, of any irrigation work. Rate of cess 38. The rate of cess fixed by the Government or the fixed under b this Act to be panchayat shall be final and shall not e liable to be ques final and not tioned by any Civil Court. to be ques tioned by any civil court. OJ 1956] The T'raoancore-Cochin Irrigation Act, 1956 495 39. (I) The Government may, by notification, consti- Constitution tute an Irrigation Board for any local area for rezulatinsr of Imgatlo~ di ibuti f f anv irri "'. o Boards theirthe . I~tn .utlOn 0 water 0 any lrnga.tlOn work, for keeping functio~s.. the rrriganon work or any part thereof III repair, and for such other purposes as may, from time to time, be prescribed by the Government by rules made under this Act. (2) The Government may in like manner dissolve any Board constituted under sub-section (I). 40. The Government may, by notification, authorise Delegation any person to exercise anyone or more of the powers vested of fG power . h C 11 b hi Ad' lik . h bv overn-In teo ector y t lIS ct an may III I e manner WIt - menta draw such authority. l[4oA. (I) Whenever by local custom orfor other good Pf ~ocledure on k .. f' ai ure 'toreason any wor lor purposes 0 agriculture should be done by contribution the joint labour 01" cost of the proprietors of all the lands costorlabour benefited by such work if any such proprietor foils or for work to neglects to do his share of the wor k or contribute his share?': done by of the V'Sf or labour it shall be lawful for the Ccllector, theJOtnt labour. Punja Sj.ccial Officer or any officer specially authorised by the GOvernment in this behalf on the application of a reasonable numbe r of proprietor s interested in such work or injured by such f~ ilure or neglect to investigate the mat tel and pass such order as he deems fit and he may by such order also direct the defaulting proprietor to execute any pornon of the work or pay anv portion (.f the cost of the work. If the order directs that the defaulting pro prietor shall execute a portion of the work it shall dis tinctly 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 defaultin« proprietor refusing or failing to execute the work within the time prescribed in the order the cost of the work rnav be recovered from such defaulter as arrears of land revenue and the work exec-uted under the orders of the Collector, the Punja Special Officer or such officer specially authorised as aforesaid. (2) Notwithstanding anything contained in sub-section (1) it shall be lawful for any of the proprietors ro do the work or to contribute t Iu: cost or labour which the defaulting IJrnprietor 0:" propriet.ors should have done or contributed and in case he has so clone or contributed after giVIng notice to the defaulting proprietor or proprietors he may apply to the Collector, the Punja Special Officer or any officer specially authorised by the Government in this behalf to order the defaulting proprietor or proprietors to com pensate him fOT the reasonable cost or labour incurred by him. The Collector, the Punja Special Officer or such officer .specially authorised as aforesaid may thereupon give nc tice to the defaulting proprietor or proprietors hear him ifhe appears and make such other investigations as he thinks necessary and order the defaulting proprietor or propri(otors to pay a sum of money as would be in the cpinion of the Collector, the Punja Special Officer or such officer specially autho rised as afcre<aid, sufficient compensation for such rea sonahle cost or labour. Inserted by Kcrala Act XVI of 1957. 496 Liability pay cess. The TravtmbJre-Coehin Irrigatiun Act, 1956 (3) (0) Any aggrieved party may appeal to the Govern ment or to any officer, specially authorised by the Govern ment in this behalf by notification in the Gazette against any order passed by the Collector, the Punja Special Offi cer or the officer specially authorised under sub-section (I) or sub-section (2), provided that such appeal is pre ferred within such time as may be prescribed by the Go vernment, and the Government or such other officer, as the case may be, may thereupon pass such orders as they or he think or thinks are just and reasonable after giving notice to the opposite party and hearing him if he appears. (b) It shalt be lawful for the Government to revise any order of the Collector, the Punja Special Officer or the officer specially authorised, made under this section-and pass such orders as are in their opinion just and reasonable. (4) Any sum of money ordered to be paid under the provisions of this section may also be recovered from the defaulting proprietor as arrear s of land revenue and the amount so recovered paid to the party entitled to it. Illustration.s-«The putting up of ring bunds or draining of water in punja padams in Kuttanad or Kole lands in Trichur taluk are works contemplated in this section.] to 41 • Notwithstanding anything to the contrary con tained in any law for the time being in force or in any contract the liability to pay the cess levied by the Govern ment or a panchayat under this Act in respect cf any land shall be on the person in actual occupation or possession of such land at the time such cess or anv instalment thereof fails due and the amount so due "hall be acharge on the inte rest of such person in the said land and it shall be recoverable from such person as an arrear ofland revenue. Power to 42. (1) The Government may, after previous pub make rules. lication, make rules to carry out all or any of the purposes of this Act not inconsistent therewith, (2) In particular and without prejudice to the gene rality of the foregoing power, they may make rules for (a) the delegation of their powers to the Board of Re venue, Collectors or other authorities; (b) the provision of suh appeals and revirion as may be found necessary in respect of the orders passed by any authority to whom powers may be so de legated; (c) specifying the area benefited by an irrigation work and the extent of the benefit ; (d) the manner of estimating the gross produce and prices under section 18 ; (e) the proceeding of any officer who under the pro vieions of this Act is required or empowered to take action in any matter ; OF 1956] The T'raoancore-Cochin Irrigation Act, 1956 (f) the cases in which and the officers to whom and the conditions subject to which orders and decisions given under any provisions of this Act shall be appealable ; (g) the ?ersons 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; (h) the number of elected and nominated members for each board, the term of office of the members of the board, the qualification and registration of electors, the time and mode of election and any other matter connected with election, the disso lution or supersession of the boards and the conse quences of such dissolution or supersession, the powers and duties of the board, the conduct of business at meetings of the board, the appoint ment and punishment of the servants of the board and the relation between two or more boards under section 39 ; and (i) all matters exnresslv required or allowed by this Act to be prescribed. (3) AU rules made under this section shall be published in the Gazette. 49i (I) The Trnvancore Irrigation Act, III of f07'2 and Repeals and the Cochin Irrigation Act, VIII of II I I are hereby re- sewings. pealed. (2) Notwithstanding such repeal, any cess in respect of the period from the rst day of April, 1950 until the date of commencement of this Act, due on any land benefited by a lift irrigation work shall be recoverabie at the rate spe cified in su b-section (3) of section 15 which is applicable to the appropriate category of land and the cess so recover able shall be deemed to be an arrear of cess due within the meaning of this Act. (3) If any person who has paid before the commence ment of this Act, for any part of the period specified in sub-section (2), any amount by way of Ct'SS in respect of any land benefited by allY lift irrigation work in excess of the ? mount recoverable from him under sub-section (2) continues to hold that land, he shall be entitled to have the excess adjusted towards, any cess payable by him after such commencement in respect of that land under this Act.