Tamil Nadu Rivers Conservancy Act, 1884 (No. 6 of 1884)

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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Tamil Nadu Rivers Conservancy Act, 1884 Act 6 of 1884 Keyword(s): Conservancy of Rivers, Specified River, Survey of Rivers, Conservators of Rivers • 188.2: T.N. Act V] 1884 : T .N. Act VI] ·Forest Rivers Oor,,servam,ey The surplus (if any), if not ola.imed within two months from the da.te of the sale by the person entitled thereto, sha.ll be forfeited to Government . 2'17 . ~ 1..~· Whe 1 nedve! it ~ppdea.firs to thef h 1[Govemment] ~!;;:J~der tw.t a.ny an 1s reqwre or any o t e purposes of this Act to this Aot, suoh land sha.11 be deemed to be needed for be deemed · · a. public purpose within the mooning of the Land to be nee~ed Central A . . . A l O t' 411 for a public · Act x of cqu1S1t1on ot, 87 , sec 10n . · purpose 1870. ~ under the 8(TAMIL NADU No. VI OF 1884 4• Land Acqui, [TR:m 8(TAMIL N RIVERS CONSERV.A.NOY sition Act. AOT, 884.] (Receive.a the assent of the Governor on the 31st March 1884, and of the Governor-General on the 28th August 1884.) An Act.to provide for the Conservancy of Rivers in the 5(State of Tamil Na.du). WHEREAS it is expedient to ma.ke provision for Preamble. the conservancy of rivers in the 6[Sta.t.e of Tamil Nadu] ; It is hereby enacted as follows : 1. This Act may be cited as the 3 (Ta.mil Na.du) Short title. Rivers Conservancy Act, 1884. 1 The words "Provincial Government" were substituted for the words " Governor in Council " by the Adaptation Order of 1937 and the word "Provincial'' was omitted by the Adaptation(Amend ment) Order ofl950. 2 See now the Land Acquisition Act, 1894 (Central Act I of 1894), s.6. 3 These words were substituted for the word " Madras " by tho Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, which came into force on the 14th January 1969. 'For Statement of Objects and Reasons, 8ee Fort St. George Gautte Supplement, dated the 5th July 1881, p, 4; for Report of the Select Committee, 8tsts ibid, dated tlie 4th December 1883, p. l; for Prooeedings in Council, 8ets ibid, dated the 13th September 1881, p. 9; ibid, dated the 3rd July 1883, p. 26; and ibid, dated the 25th March 1884, p. I. Thie Act was extended to the merged State of Pudukkottai by section 3 of, and the First Schedule to, the Tamil Na.du Merged States (Laws) Act, 1949 (Tamil Na.du Act XXXV of 1949). I This exprossion was substituted for the expression " Madras Presidency" by the Tamil Na.du Adaptation of Laws Order, 1170, which was deemed to have come into force on the 14th l&"\QMy 1969. e This expression wa.'I sub11tituted for tho expression "Presidency of Madras" by ibid. N otitice.tion as to the oonserva.ncy of rivers as provided by this Act. Power to direct survey of rivers. Powers of surveying officers to enter upon a.ndsurvey lands. Duties of 11urveyor. Survery register. Rivera Conservancy . l1884 : T.N. Aet'.V I 2. The 1[Sta.te Government] ma.y from time to time declare, by notification in the 2[0fficial Gazette] and in the Gazette of every district in which any pa.rt of the river is situated, that the conservancy of any specified river requires to be provided for in manner prescribed by this Act. 3. The 1[State Government] ma.y at the same time direct that a survey be made of such river for the purpose of determining the limits within which this Act is to be applied, and that proper charts and registers be prepared setting forth the channel and a.11 boundaries and land-marks a.nd all other matters necessary for the purpose of ascertaining such limits. 4. All persons authorized to make a survey under (feCtion 3 shall have the like powers to e?ter upon land and to do all acts necessary for the survey as are given in sections 4 and 5 of the Land Acquisition Central .Act, 1870, 3 and subject to the provisos therein fscio.x of:· contained. 5. It shall be the duty of the surveyor appointed to make a survey of any river to note upon the charts thereof all cultivation existing or ordinarily can-ied on, and all groynes, buildings, plantations, co~truc tions or obstructions within the surveyed limits of the said river and to prepare a register to be styled the survey-register, containing the above particulars. The surveyor shall also mark upon the charts the ordinary channel as it exists at the date of the survey so far as it can be ascertained. 1 The words "Provincial Government" were substituted for . . ~i' the words " Governor in Council " by the Adaptation Order of · · 1937 and the word " State" was substituted for "Provincial" ··.-; .. · by the Adaptation Order of 1950. , I These words were substituted for the words " Forl SI. George ) Gazette" by the Adaptation Order of 1937. 8'se, now the Land Acquisition Act, 1894 (C'.entral Act I of 1894), I • 1884 : T.N. Act VI) Rivers Oonservancy 279 6. For the purpose of carrying out this Aot in Pow~r to respect 'of any river, the 1[State Government] ma.v cappomt t • " onserve. ors appomt as many officers as ~y be deemed neoeesa.ry, of Rivers, to be styled Conservators of Rivers, and may from an~ i~~ce.te time to time define, by order to be notified in the ~~::0~· Gazettes of the districts in which any pa.rt of suoh river is situated, the limits of their several jurisdic tions. ll • * * * 7. The cha.rte prepared a.s is provided in section 3, ~fin t· sha.11, when completed, be exhibited for public infor- ~~ciO:t:'itn mation at the kacharis of all districts in which any Act a.ppli part of the river so surveyed is situated, for a period :,~1:s !°ay of not less than ninety days. Any person or persons be published, who may desire to raise objections to the boundaries or land-marks set forth in such charts shall be at liberty, during BUch period, to forward a statement in writing setting forth his or their objections to the Collector of the district in whioh the boundaries objected to are situated. At the expiry of such period, the Collector shall forward the said charts, with suoh statement of objections (if any) and his remarks thereon, to the 1[State Government] who sh.a.11 then take the same into consideration, and may order such alteration in the said charts, or pass such other order thereon as to 8[them] may seem fit, previous to final approval of the said charts. On suoh final approval, the 1[State Government] may, by notification in the '[Official Gazette] and in the Gazette of every district in which any part of the river is situated, declare th.a.t the provisions of this Act shall apply to the ea.id river within the boundaries and limits prescribed in the ea.id charts. 1 The words " Provincial Government " were substituted for the words " Governor in Council " by the Ade.pte.tion Order of 1937 and the word "State " was substituted for "Provincial" by the Ade.ptation Order of 1950. · 2 The words ••Such officers shall be liable to remove.I by order of the Governor in Council " were omiUed by the Adapte.tion Order of 1937. · I This word was substituted for the word !•him" by ibid. ' ~hese words were substituted for the word• " l'orl 81. Gfftrf e G11tll," by iWrl. · . !8~ g. diver-bed 6 fined, Custody of aurvey ngiaser. uharts of rivers where to be deposited for public mspettion. Power to alter limits of rivers. Rivers Conservancy [1884: T.N. Act vj The land .within the limits so defined and-approved· by the l[State Government] shall be deemed to be the river-bed, and the limits shall, when necessary, be defined by boundary-stones or other suitable marks to be set up. 8. When the survey-register affecting any portion of a river is completed, it shall be handed over with the charts to the Conservator of Rivers within whose jurisdiction the said portion is situated and shall form part of the records of his office. . The Conservator shall thereupon furnish to the Collectors of the districts in which a.ny part of such river is situated certified copies of the survey-register and charts. 9. Copies of all charts and registers prepared as provided in section 5, as finally approved, shall be deposited in the office of the Collector of the district in which any part of the river so defined is situated, and shall be open to the inspection of the public at all reasonable times. 10. The 1[State Government] may from time to time by notification in the 2[Officia.l Gazette] and in the Gazette of every district in which any pa.rt of the river is situated, alter, extend or rostriot the limits of any such river-bed, and the altered limits shall be marked in the charts and defined in manner prescribed in section 7 : t Provided that no such a.Iteration shall be ma.de until full particulars thereof shall have been publicly exhi.f, b'bitedh ~n[Sd atnyGobjectionst]made thedredto£disposed ,!:]::· .. , o y t e ta e overnmen as provi e or in the said section. 1 The words "Provincial Government " were substituted for the words "Governor in Council" by the Adaptation Order of 1937 . j ' ·and the word "State " was substituted for "Provincial " by the Adaptation Order of 1950. a These words were substituted for the words " Fore Se. Georgl OaHlle" by the Adaptation Ordel" of 1937. ·t 1884: ;r.N .. Act,'VI] • .Rivera Conservancy 281 1[11. After such surveys have been completed Prohibition. and approved and the notification as provided by ~::t~: 0 ~ulti this Act ma.de by the 2[Sta.te] Government, land land in bed within the limits of a river-bed as de.fined in section 7 °.f notified which has not been cultivated for two years previous rivers. to the da.te on which this Act is applied to the river, shall not, without the previous permission of the Conservator of Rivers in writing, be cultivated, and it shall not be lawful without such permission to cultivate within the limits of a. river-bed any new formation of land. Whoever commences or carries on, or attempts Penalty. to carry on, any cultivation in contravention of this section and of a. notice from the Conservator to desist, shall be punishable with fine which · ma.y extend to five hundred rupees and, in default of payment of fine, to simple imprisonment not exceeding three months. Explanation.-'Cultiva.tion' shall, for the purposes of this Act, include the growing of plants which require the ground to be ploughed once a year or at shorter intervals and which a.re ordinarily removed at the end of the sea.son but shall exclude 'plantation' a.s explained in section 13.] 12. The Conservator of Rivers ma.y, with the Poh~~-!0 previous sanction of the Collector of the district, ~~f ti~~tion. by an order in writing require any owner or occupier of land usually cultivated, or cultivated with permis sion under section 11, within such river-bed, to a.bsta.in from cultivating such land 3(should it a.ppea.r tha.t such cultivation will tend to obstruct or divert the course of the river] ; and it shall be the duty of such owner or occupier to a.et in obedience to such order. 1 This section was substituted by section 2 of the Madras Rivers Conservancy (Amendment) Act, 1942 (Madras Act XXI of 1942) for section 11 as substituted for the original section 11 by section I of Madras Act II of 1885. Madras Act XXI of 1942 was permanently re-onacto<l by section 2 of, a.n<l the First Schedule to, the Tamil Naclu Re-onooting n.nd Repealing (No. I) Act, 1948 . (Tamil Nadu Act VII of 1948). I This word WBS 1mbRtituted for tho worcl " Provinoial" \J tbe Adaptation Order, 1950. 'These word11 were inserted-bys. 2 of Madr&11 Aot II of 1885. 282 Penalty. Construc tions, plantations, etc., within river-bed without permission prohibited, Rivera 0Mservancy [1884 : T-N. Act VI Whoever fails to comply with any order made by the Conservator of Rivers under this section shall, on conviction before a Magistrate, be liable to a fine not exceeding rupees five hundred, or, in default of payment, to simple imprisonment not exceeding three months for every such offence. 13. (1) Upon a survey being completed and the notification made as provided by this Act, any person jntending to make or remu; :e or extend any groyne, building or construction of any 1rind, or plantation, grasses or trees, within such river-bed 1[including any new formation of land therein] shall, one month before beginning so to make, remove or extend, make an application in writing to the Conservator of Rivers for licence to make or remove or extend such groyne, building, construction, plantation, grasses or trees. 2[Explanation.-' Plantation' shall, for the pur poses of this Act, include the growing of plants, shrubs or trees which do not ordinarily require the ground to be ploughed or cultivated every year and which are generally propagated by the planting of cuttings, sets, seedlings or shoots such as nana.l, alchi, tilla, betel, sugarcane, plantain, bamboo and the like.] (2) The Conservator of Rivers shall, within one month after receiving such applioa.tion, pass such orders in writing thereon as he may deem fit. (3) If the Conservator of Rivers does not pass orders in writing within one month after receiving such application, the applicant may proceed to make, remove or extend such groyne, building, construction, plantation, grasses or trees in compliance with the terms of such application. 1 These words were inserted by e. 3 of the Madras Rivers Conser vancy (Amendment) Act, 1942 (Madras Act XXI of 1942), re enacted permanently by e. 2 of, and the First Schedule to, the Tamil Nadu Re-enacting and Repealing (No. I) Aot, 1948 (Tamil Nadu Aot VII of 1948). II This Explanation was added by ibid. 1884: T·N, Act VI] :Rivers Oonservancy . (4:) An appeal from any order passed by the Conservator of Rivers under clause (2) of this section shall lie to the Collector of the district if the same be preferred within sixty days from the date of the receipt of such order. ( 5) The appeal shall be in writing and shall set forth conoisely the grounds of objection to the decision of the Conservator of Rivers, and shall be heard and disposed of by the Collector of the distriot. (6)Whoever does any act 1[in contravention of Penalty, this section] shall be liable on conviction before a Magistrate to a fine not e;x:ceeding rupees one thousand or, in default of payment, to simple imprisonment for a period not exceeding si:X! months for every such offence. 283 14. The Conservator of Rivers may, with the p e t previous sanction of the Collector of the district, di:'c: 0 by an order in writing, require the owner or occupier removal o f f 1 d 'thin h • b d t oonstruct1ona, o any an WI any sue river- e o remove plantations etr any groynes, buildings, constructions, plantations, ' · grasses, trees or other thing upon such land which the said Conservator may deem to be an obstruction to the course of the stream of such river ; and it shall be the duty of such owner or occupier to act in compliance with such order within a time to be mentioned in such order : Provided that, in the case of the removal of any building being so ordered, it shall be open to the owner or other person in charge thereof to appeal, through the Collector of the district, against such order to the 2[Board of Revenue] within si::x:ty days from the date of the receipt of such order ; and in such case the order shall remain in abeyance until such appeal shall have been decided by the 2[Board of Revenue]. 1 These words were substituted for the words •• prohibited by the eeotion" by section 3 of the Madras Rivers Conservancy (Amend, ment) Act, 1942 (Madras Act XXI of 1942), re-enaot.ed permanently by section 2 of, and the First Schedule to, the Tamil Nadu Re en.acting and Repoaling (No. I) Act, 1948 (Tamil Nadu Act VII of 1948), 2 These words were substituted for the words • • Governor in Council" by section 2 of the Madras Rivers Conservancy (Amend ment Act, 1936 (Madras Act XXII of 1936), · 284 Penalty, Partioulars to beset. for 1 permits, e.nd oopies to be furnished to Colleotol'. Compensa tion to owner or oocupier of land within river-bed for constructions removed. Rivers Conservancy (1884 : T.N. Act V Notice of every a.ppea.l under this section, together with a. copy of the petition of appeal, shall be sent by the a.ppella.nt to the Conservator of Rivers at the time the appeal is sent to the Collector. Whoever fails to comply with any order issued by the Conservator of Rivers under this section sha.ll be liable, on conviction before a. Ma.gistra.te, to a fine not exceeding rupees one thousand, or, in default of payment, to simple imprisonment for a period not e;x:oeeding sm: months for every such offence. 15. The writings prescribed in sections 11 and 13, clause (2), sha.ll define and describe the kind a.nd e;x:tent of the oultiva.tion and the nature of the works or things authorized to be made or done, a.nd it sha.ll be the duty of tlie Conservator of Rivers from time to time to record or ea.use to be recorded the pa.rti oula.rs contained in such writings in the survey register, a.nd in the certified copies thereof in the possession of the Collector. The Conservator of Rivers shall also furnish the Collector of the district with copies of a.11 orders m.a;de by him under sections 12 o.nd 14. 1[16. Whenever, under sections 11, 12, 13 or 14, the Conservator of Rivers refuses the owner or occupier of any land permission to pla.nt, cultivate or build on any land, or requires him to remove a.ny groynes, buildings, constructions, plantations, grasses, trees or other obstructions or works e~isting at the time of the survey, or subsequently authorized by the Conservator of Rivers, such owner or occupier shall be entitled to compensation for any damages sustained by him by reason of such requirement or refusal of permission.] 1 The aection wu 11Ub1tituted fo» the original section 16 b,Y Madras Act II ol 188~, l!eotion 3. ,, 1884 : T.N. Act VI] River8 Conservancy 285 17. 1 [The Conservator of Rivers m.ay do or mayPowerto oause to be done in oonnerion with the conservancy Conservators of any river to which this Act has been applied, any !~s:~ to act which appears to him to be necessary to prevent prevent erosion, breach of embankments or the flooding over 1~ger to . i.e or them, encroachments by the stream or danger to hfe property. or property and for such purpose he may, notwith standing that his acts may involve interference with private rights of property, enter upon any public or private land whether within or outside the river-bed and may dig and use earth from such land, 2(con struct works, or plant and grow reeds, grass or shrubs thereon or out and remove therefrom such reeds, grass or shrubs) or alter the course of any stream:] Provided that compensation shall be made to any (:ompensa person who shall sustain any damage by reason of :on for any act authorized by this section. s:!~~d by The Conservator shall furnish the Collector of the district with a report of every act done by him under this section. such acts.· 18. All or any of the powers conferred upon the Delegation Conservator of Rivers by the preceding seotion of:;,wer: may be e:mrcised by such of his subordinates as may be c~ns:i::at~: nominated by him : o~ Rivers to his subordi d . b "fi d . h G nates. Provi ed such nomination e not1 e m t e azettes of the district in which any part of the river is situated. 19. Any person who obstructs the Conservator of Pinalty for Oo tr 1 Rivers in doing any act authorized by this Act shall be g0 ~~1!~!!!n .Ao!.;LV deemed to have committed the offence described in • of 1860. section 186 of the Indian Penal Code. 1 This paragraph was substituted for the original paragraph by section 4 of the Madras Rivers Conservancy (Amendment) Act, 1942 (Madras Act XXI of 1942), which was permanently re-enacted by section 2 of, and the Firat Schedule to, the Tamil Nadu Re-enacting and Repealing (No. I) Act, 1948 (Tamil Nadu Act VII of 1948). 2 These words were substituted for the words '' construct work• thereon " by section 2 of the Madras Rivers Conservancy (Amend ment) Act, 1949 (Madraa Act XXXI of 1949), 286 Conservators to be deemed officers in charge of rivers under Central Act I of 1858. Power to Conservator to cause removal of obstruction, etc., in case of default. Recovery of expenses of such removal. Power to make rules. Rivers Conservancy [1884 : T.N. Act VI 20. Conservators of Rivers under this Aot shall be deemed a.nd ta.ken to be officers in oha.rge of rivers within the meaning of Aot I of 1858 (An Act to make lawful compulsory labour for the prevention of mischief by inundation, etc.). 21. Whenever the Conservator of Rivers, in a.ccord a.nce with the provisions of this Aot, requires the owner . or occupier of any la.nd to do a.ny a.et or to remove a.ny obstruction, a.nd such owner or occupier fails to do wha.t he is required to do within a reasonable specified time, such Conservator may ea.use such a.et to be done or obstruction to be removed a.nd oha.rge the expense of such a.et or removal to such owner or occupier. The expense so incurred by the Conservator of Rivers shall be certified by him to the Collector of the district, who shall recover the sa.me from such · owner or occupier in the manner provided by law for the recovery of arrears ofla.nd-revenue. 22. The 1[Sta.te Governm~nt] ma.y from time to time make, and when ma.de, alter, add to a.nd repeal, rules not inconsistent with this Act for the prevention of a,ny injury to works constructed upon a.11 rivers or upon any river to which this Act may be applied, and for the prevention of acts or omissions likely to affect injuriously the conservancy of such rivers or river: Provided that no penalty for any one infringement of any such rules shall exceed rupees fifty. · All rules made under this section shall be published in three successive issues of the 2[0:fficia.l Gazette] and of the .Gazettes of every district in the S(State] in which a.ny pa.rt of the river is situated to which such rules rela.te, and shall not come into operation until one month after such publioa.tion. l The words " Provincial Government " were substituted for the words '' Governor in Council " by the Adaptation Order of 1937 and the word " State" was substituted for" Provincial" by the Adaptation Order of 1950. 2 These words were substituted £or the words '' Fort SI. George Gazette'' by the Adaptation Order of 1937. a This word was substituted for the word " Presidency " by the Tamil Nadu Adaptation of Laws Order, 1970, which wu deemed to have come into force on the 14th January 1969, C f 1884 : T.N. Act -VI] Rivers Oonservar,,cy 281 23. All Conservators :of Rivers, sunreyors, and Oonserva .· tral subordinates duly a.uthorized under section 18 oftorb, etc., . ~~~v this Act shall be deemed to be public servants within !~rv:ii~~ho . · the meaning of the Indian Pena.I Code. 24. All fines imposed by this Act may be recovered Fines to be in the manner provided in the Code of Criminal recovered P d 1 under the roce ure . Code of Criminal Procedure. 25. No suit shall be brought against any Conser- Period of vator, surveyor or subordinate, or any person acting limita~ion under his direction, for a.nything done or intended for:iui:S to be done under this Act until after the expiration of ~::-Va three months next after notice in writing shall have tors, etc. been delivered or left at the office of such Conservator, surveyor, subordinate or person, or at his place of a.bode, explicitly stating the cause of action and the name and place of a.bode of the intended plaintiff and of his agent in the cause, if any, and upon the trial of such suit the plaintiff shall not be permitted No evidence to go into evidence of any cause of action except of ~ause of such as is stated in the notice so delivered, and unless :~:;i of such notice be proved, the Court shall find for the ~hat s~ted defendant ; and every such suit shall be commenced m notice. within six months next after the ~ccrual of the cause of action. If any person to whom any such notice of suit is T d f given shall, before suit brought, tender sufficient a:eni~ amends to the plaintiff, such plaintiff shall not recover more than the amount so tendered, and shall pay all costs incurred by the defendant after such tender. It shall be lawful for the defendant, before issue Payment joined by leave of the Court in which any suit is into Court. pending, to pay into Court such sum of money as he shall think fit, and thereupon such proceedings shall be had a.s in other oases where defenda.nts· are allowed to pay money into Court. 26. Nothing contained in this Act shall be deemed Easement, to affect the provisions of the Indian Easements Act not Act (Act V of 1882). affected, 1 S.. now Cen~ral Ao~ 2 of 1974.