(1) The '[Statel Government shall- Recovery of the cost and
(a) meet in the first instance the cost of the offeos.
measure referred to in '[clause] (a), (b), or (c) of secti~n I
(b) determine the amount of such cost after the execution of the said measures.
I i ,e[(l-A) In the cases referred to in clauses (a) 1 and (b) of section 2, the 3[State] Government shall be entitled to recover in a lump-sum the amount deter- ! mined under clause (h) of sub-section ( I ) from tllc -- - - - - - -- - - - - - section 2 (ii) of the Madras Irrigation and Conscrtrction) Amendment Act, Impror ement and Cmtruetion) lwdholder or other person who by any law or custom is bound to keep the irrigation work in repair. - (I-B) In the case referred to in clause (c) of section 2, the '[State] Government shall be entitled to recover in a lump-sum from the landholder on whose land the new irrigation work has been constructed-
(i) if the irrigation work is intended to serve exclusively lands situated in the estate, the cost of the measuAe as determined under clause (b) of subsection (1) ;
(ii) if the irrigation work is intended to serve partly lands situated in such estate and partly lands in ryotwari tracts, such proportion of the cost of the measure as determined under clause (b) of subsection (1) as the extent of the lands in the 'estate served by the irrigation work bears to the total extent of the lands served by the work :
Provided that the amount recoverable under this sub-section shall not exceed the value capitalized at four per cent of the average net additional annual income estimated by the '[State] Government as likely to be &rived by the landholder as a result of the construction of the irrigation work.
(1 -C) (a) On the expiry of five fasli years after the completion of the irrigation work, the '[State] Government shall determine the value capitalized at four per cent of the actual amount of the average net adaitional annual income derived by the landholder as a result of the construction of the irrigation work during the said fasli years.
(b) If the value determined under clause (a) exceeds the amou~lt recovered from the landholder under sub-section(1-B), the difference shall be recovered from him and if such value is less than the amount recovctred from him, the difference shall be refunded to hhll.
1 This word was substituted for the word " Provincialw by the Adaptation of 1950.
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? ,\ - .. *$ ,%y ,:?*- \- , I .943: T.N. Act XVmj Irrigation Works (Repairs, 84 1 Improvernenl ~ n r l Cottsrrtr cation) (I-D) The irrigation work referred to in clause
(ii) of sub-section (1-B) shall be maintained by the landholder and the cost of maintenance shall be shared between the landholder and the '[State] Government in the proportion in which the cost of the work has been shared.]
(2) In the cases referred to in clauses (b) and
(c) of section 2, where the 'Cperson liable under subsection (1-A) or sub-section (1-B)] to pay the cost of the measures is the landholder of an estate as defined in the " T a i l Naqu] Estates Land Act, 1908, he shall 3[Tali be entitled to apply upder clause (ii) of section 30 of ~ ~ ~ ~ 1 , the said Act for an enhancement of the rent payable 1908.
by the ryots benefited by such measures.
Explanation.-It shall not be open to any ryot to refuse a supply or an improved supply of water which may result from the measures aforesaid.
'[(%A) In the case referred to in clause (c) of section 2, the '[State] Government shall be entitled to-
(0) fix the area to be irrigated from such work in the estate and in ryotwari tracts, if any ; and
(b) charge fees for the water supplied from the irrigation work to the lands bituated in ryotwari tracts, if any, at such rates as they deem fit and recover I This word was substituted for the word "Provinci:~l" by the Adaptation Order of 1!60.
These words, brackets, figures and letters were substituted for the words, brackets and figure " person liable under sub-section (1) " by section 3 (iii) of the Madras Inigatior\ Works (Repairs, Improvement and Construction) Amendment Act, 1945 (Madras Act iV of 1945).
"We words were substituted for the word '' Madras " by the Tamil Nadu Adaptation of Laws Order, 1969, as meodd by the Tamil Nadu Adaptationof Laws (Second Amendmeat) Order, 1969.
This sub-section was insarted by section 3 (iv) of the Madras Irrigation Works (Ropain, Improvement and Construction) Amendment Act, 1945 (Madras Act IV of 1945).
892 Irrigu~iot~ Works (Repairs, C1943:T.N. Act XVIII 1 Improvement o l d Construction) the fee$ from such persons, at such times and on such terms and conditions as may be specified in accordance with the rules made under this Act.]
(3) In the '[cases referred to in clauses (cc) and
(d) of section 2,1 the '[State] Government sball be entitled to charge fees for the water supplied by them at such rates as they deem fit, and the fees so charged shall be recovered from such persons, at such times and on such terms and conditions as may be specified in accordance with rules made under this Act.
ost and fees 4. (1) Any cost or fee recoverable by the "Statel 'yable On Gover~ment under sectioil3 shall become payable to them, on ;he person concerned being served with a )ticc of written notice of demand issued by such Government atxi in accordance with the terms thereof.
(2) Such cost or fee shall carry interest, from the date on which i t becomes payable, at such rate as may be notified by the '[State] Government in that behalf.
st and fees 5, Any cost or. fee which has become payable under ((1) may be recovered as if it were an arrear of' land revenue fro111 the person by whom i t is payable ;
:1 lld
(b) 5h:ill bc n charge on the interest of sual~ person it) lands served by the irrigation ~ o r k concerned.
6. The Disrricr Collector. or any officer appoin tell tion. by him in this beltalf may, for the purposes of this 4ct, at all reasonnble times, enter upon and inspect any land including the irrigation work, if any, 4tuatctl therein.
- --- - - - - - -- --- I____-- 1 These words, brackets, letters tnd figure ware substituted for the words, brackets, letter and figure case referred to in clause (d) of saction 2 " by sectlon 1 jv) of the Madras Irrigation Works (Rapnirs, lmpravemtnt and Comtruction) A~l~cnd~nant Act, 1945 (Mndras Act I V ol 1945).
* This word was substituted for the word " Provincial " by tile Adaptation Order of 1950.
\ .* __*- - - * - -- - ..
&q;y. 1. , av g:"::<&.. , * .'. - ' A . 11; ". .yy*$@F .gl="! -,.-*,: .
b 1943: T.N. Act XViUj hrigatiori Works (Repbiri, 893 lmpro v ~ p r n e i t t nitd Construction)