TAMIL NADU PROTECTION OF TANKS AND EVICTION OF ENCROACHMENT RULES, 2007 TAMIL
NADU PROTECTION OF TANKS AND EVICTION OF ENCROACHMENT RULES, 2007 In
exercise of the powers conferred by sub-section (1) of section 13 of the Tamil
Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 (Tamil Nadu Act
8 of 2007), the Governor of Tamil Nadu hereby makes the following rules:-- These rules shall come into force with effect on and from the 1st day of October 2007. These rules may be called the Tamil Nadu Protection of Tanks and Eviction of Encroachment Rules, 2007. (1) In these rules, unless the context otherwise requires,-- (a) "Act" means the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 (Tamil Nadu Act 8 of 2007); (b) "Chart" means field measurement book sketches covering each of the survey numbers traversed in a tank and map available with the Revenue Department showing the boundaries of a tank clearly marked in distinct colours and includes a separate map showing encroachments, if any; (c) "Form" means a form appended to these rules; (d) "Officer" means the Assistant Engineer or Junior Engineer or Overseer of the Water Resources Organization of Public Works Department, in charge of the tanks lying in his jurisdiction for the purpose of enforcing the provisions of the Act and the rules; (e) "Register" means a document containing information regarding the survey number, area encroached, etc., contained in Form I; (f) "Survey Officer" means the firka surveyor or town surveyor or any officer not below the rank of the Survey Officer of the Survey and Land Records Department; (g) "Tank Poramboke" means the land liable to submersion when a tank is full either at full tank level or maximum water level, as the case may be, and includes all the land components form part and parcel of the tank with its appurtenances. (2) The words used, but not defined in these rules shall have the same meaning, respectively, assigned to them in the Act. Survey shall be carried out by traversing along the tank and the boundaries be demarcated, based on the original records of the tanks available with the Revenue department in every taluk and district and simultaneously identifying the areas encroached upon and areas alienated by the Government, in public interest, within the demarcated boundaries, and proper charts and registers be prepared setting forth these details. (1) The Assistant Director of Survey and Land Records Department is authorized to appoint, by order, the Survey Officer, who is not below the rank of Taluk Surveyor, for surveying the tanks within such local limits as may be specified in such order. (2) The Survey Officer appointed under sub-rule (1) shall carry out the survey work in the manner provided in rule 3. (3) The officer of the Public Works Department having control over the tank shall co-ordinate and extend all assistance required by the Survey Officer for the conduct of such survey and demarcation of the limits of all the tanks. (4) As and when the boundary lines are demarcated by the Survey Officer, the officer referred to in sub-rule (3), shall arrange to fix the boundary stones on a permanent basis at desired locations and carry out appropriate measures to maintain the boundary lines without any external interference. (1) The Survey Officer, after the completion of the survey of tanks shall prepare charts and registers in the manner provided in rule 3. (2) The charts and registers prepared under sub-rule (1) and duly authorized by the Tahsildar concerned shall be handed over to the officer referred to in sub-rule (3) of rule 4, having control over such tank. (3) The officer shall, within one month from the date of handing over the chart and register, publish a notice in Form-II together with the map of the tank in the notice boards of the offices of the Village Administrative Officer, Village Panchayat Office and Water Resources Organization concerned. (1) If any person has encroached upon any land of the tank, the officer referred to in sub-rule (3) of rule 4 shall prepare a notice in Form III and call upon the person concerned to remove the encroachment. (2) Notwithstanding anything contained in sub-rule (1), such notice shall be served by delivering a copy either to the encroacher or to a member of his family at his usual place of abode, or to his authorized agent, or by affixing a copy thereof in some conspicuous part of his last known residence or in any part of the area encroached upon in any of the offices of the Village Chavadi, Village Panchayat, District Collector, Revenue Divisional Officer, Tahsildar, Village Administrative Officer, Panchayat Unions and in the Section, Sub-Division and Divisions concerned of the Water Resources Organization of the Public Works Department as the officer deems fit and proper. (3) If the encroacher has not removed the encroachment within the period specified in the notice referred to in sub-rule (1), the officer shall inform the area Station House Officer of Police Department, in writing to provide adequate Police personnel, as may be necessary and shall remove the encroachment or obstructions or any building or any crop or any product raised on the land or anything deposited and forfeit them and take possession of the land as specified in sub-sections (2) and (3) of section 7 of the Act. (4) The officer shall also impose the cost of eviction against such person, by preferring a complaint against such person with the competent Judicial Magistrate for recovery. (1) If any person indulges in any of the activities prohibited in section 8 of the Act, the officer shall suo motu, prefer a complaint in writing against such person before a Metropolitan Magistrate or a Judicial Magistrate of First Class, as the case may be, for punishment as specified in section 8 of the Act and no Court shall take cognizance of any offence punishable under this Act except upon a complaint in writing made by the officer. (2) The officer shall also compound the cost of making good the loss and cost of eviction and impose against such person, simultaneously.
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