[28th
August, 1884] An Act to provide for the
Conservancy of Rivers in the [4](State
of Tamil Nadu). WHEREAS it is expedient to
make provision for the conservancy of rivers in the [5][State
of Tamil Nadu]; It is hereby enacted as follows;- This Act may be called as
the [6](Tamil
Nadu) Rivers Conservancy Act, 1884. The [7][State
Government] may from time to time declare, by notification in the [8][Official
Gazette] and in the Gazette of every district in which any part of the river is
situated, that the conservancy of any specified river requires to be provided
for in manner prescribed by this Act. The [9][State
Government] may 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
all boundaries and land-marks and all other matters necessary for the purpose
of ascertaining such limits. All persons authorized to
make a survey under Section 3 shall have the like powers to enter upon land and
to do all acts necessary for the survey as are given in sections 4 and 5 of the
Land Acquisition Act, 1870 [10](Central
Act X of 1870) and subject to the provisos therein contained. 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 carried on, and all groynes,
buildings, plantations, constructions 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. For the purpose of carrying
out this Act in respect of any river, the [11][State
Government] may appoint as many officers as may be deemed necessary, to be
styled Conservators of Rivers, and may from time to time define, by order to be
notified in the Gazettes of the districts in which any part of such river is
situated, the limits of their several jurisdictions. [12][* *
*] The charts prepared as is
provided in section 3, shall, when completed, be exhibited for public
information at the kacharis of all districts in which any part of the river so
surveyed is situated, for a period of not less than ninety days. Any person or
persons who may desire to raise objections to the boundaries or land-marks set
forth in such charts shall be at liberty, during such period, to forward a
statement in writing setting forth his or their objections to the Collector of
the district in which the boundaries objected to are situated. At the expiry of
such period, the Collector shall forward the said charts, with such statement
of objections (if any) and his remarks thereon, to the [13][State
Government] who shall then take the same into consideration, and may order such
alteration in the said charts, or pass such other order thereon as to [14][them]
may seem fit, previous to final approval of the said charts. On such final
approval, the [15][State
Government] may, by notification in the [16][Official
Gazette] and in the Gazette of every district in which any part of the river is
situated, declare that the provisions of this Act shall apply to the said river
within the boundaries and limits prescribed in the said charts. River-bed fined.- The land within the limits
so defined and approved by the [17][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. 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 any part of such
river is situated certified copies of the survey-register and charts. 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. The [18][State
Government] may from time to time by notification in the [19][Official
Gazette] and in the Gazette of every district in which any part of the river is
situated, alter, extend or restrict 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: Provided that no such
alteration shall be made until full particulars thereof shall have been
publicly exhibited and any objections made thereto disposed of by the [20][State
Government] as provided for in the said section. After such surveys have been
completed and approved and the notification as provided by this Act made by the
[22][State]
Government, land within the limits of a river-bed as defined in section 7 which
has not been cultivated for two years previous to the date 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. Penalty.- Whoever commences
or carries on, or attempts 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 may extend to five hundred rupees and, in default of
payment of fine, to simple imprisonment not exceeding three months. Explanation.-‘Cultivation’
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
are ordinarily removed at the end of the season but shall exclude ‘plantation’
as explained in section 13.] The Conservator of Rivers
may, with the previous sanction of the Collector of the district, by an order
in writing require any owner or occupier of land usually cultivated, or
cultivated with permission under section 11, within such river-bed, to abstain
from cultivating such land [23][should
it appear that 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 act in
obedience to such order. Penalty.- 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. (1)
Upon a survey being completed and the
notification made as provided by this Act, any person intending to make or
remove or extend any groyne, building or construction of any kind, or
plantation, grasses or trees, within such river-bed [24][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. [25]Explanation.-‘Plantation’
shall, for the purposes 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 nanal, alchi, tilla, betel, sugarcane,
plantain, bamboo and the like.] (2)
The Conservator of Rivers shall, within one
month after receiving such application, 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. (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 concisely the grounds of objection to the decision of the Conservator of
Rivers, and shall be heard and disposed of by the Collector of the district. (6)
Penalty.- Whoever does any act [26][in
contravention of this section] shall be liable on conviction before a
Magistrate to a fine not exceeding rupees one thousand or, in default of
payment, to simple imprisonment for a period not exceeding six months for every
such offence. The Conservator of Rivers
may, with the previous sanction of the Collector of the district, by an order
in writing, require the owner or occupier of any land within any such river-bed
to remove 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 [27][Board
of Revenue] within sixty 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 [28][Board
of Revenue]. Notice of every appeal under
this section, together with a copy of the petition of appeal, shall be sent by
the appellant to the Conservator of Rivers at the time the appeal is sent to
the Collector. Penalty.- Whoever fails to
comply with any order issued by the Conservator of Rivers under this section
shall be liable, on conviction before a Magistrate, to a fine not exceeding
rupees one thousand, or, in default of payment, to simple imprisonment for a
period not exceeding six months for every such offence. The writings prescribed in
sections 11 and 13, clause (2), shall define and describe the kind and extent
of the cultivation and the nature of the works or things authorized to be made
or done, and it shall be the duty of the Conservator of Rivers from time to
time to record or cause to be recorded the particulars contained in such
writings in the survey-register, and 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 all orders made
by him under sections 12 and 14. Whenever, under sections 11,
12, 13 or 14, the Conservator of Rivers refuses the owner or occupier of any
land permission to plant, cultivate or build on any land, or requires him to
remove any groynes, buildings, constructions, plantations, grasses, trees or
other obstructions or works existing 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.] [30][The
Conservator of Rivers may do or may cause to be done in connexion with the
conservancy of any river to which this Act has been applied, any act which
appears to him to be necessary to prevent erosion, breach of embankments or the
flooding over them, encroachments by the stream or danger to life or property
and for such purpose he may, notwithstanding 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, [31](construct
works, or plant and grow reeds, grass or shrubs thereon or cut and remove
therefrom such reeds, grass or shrubs) or alter the course of any stream:] Compensation for damage
sustained by such acts.- Provided that compensation shall be made to any person
who shall sustain any damage by reason of any act authorized by this section. The Conservator shall
furnish the Collector of the district with a report of every act done by him
under this section. All or any of the powers
conferred upon the Conservator of Rivers by the preceding section may be
exercised by such of his subordinates as may be nominated by him: Provided such nomination be
notified in the Gazettes of the district in which any part of the river is
situated. Any person who obstructs the
Conservator of Rivers in doing any act authorized by this Act shall be deemed
to have committed the offence described in section 186 of the Indian Penal Code
(Central Act XLV of 1860). Conservators of Rivers under
this Act shall be deemed and taken to be offioers in charge of rivers within
the meaning of Act I of 1858 (An Act to make lawful compulsory labour for the
prevention of mischief by inundation, etc.). Whenever the Conservator of
Rivers, in accordance with the provisions of this Act, requires the owner or
occupier of any land to do any act or to remove any obstruction, and such owner
or occupier fails to do what he is required to do within a reasonable specified
time, such Conservator may cause such act to be done or obstruction to be
removed and charge the expense of such act or removal to such owner or
occupier. Recovery of expenses of such
removal.- The expense so incurred by the Conservator of Rivers shall be
certified by him to the Collector of the district, who shall recover the same
from such owner or occupier in the manner provided by law for the recovery of
arrears of land-revenue. The [32][State
Government] may from time to time make, and when made, alter, add to and
repeal, rules not inconsistent with this Act for the prevention of any injury
to works constructed upon all 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 [33][Official
Gazette] and of the Gazettes of every district in the [34][State]
in which any part of the river is situated to which such rules relate, and
shall not come into operation until one month after such publication. All Conservators of Rivers,
surveyors, and subordinates duly authorized under section 18 of this Act shall be
deemed to be public servants within the meaning of the Indian Penal Code
(Central Act XLV 1860). All fines imposed by this
Act may be recovered in the manner provided in the Code of Criminal Procedure[35]. No suit shall be brought
against any Conservator, surveyor or subordinate, or any person acting under
his direction, for anything done or intended to be done under this Act until
after the expiration of three months next after notice in writing shall have
been delivered or left at the office of such Conservator, surveyor, subordinate
or person, or at his place of abode, explicitly stating the cause of action and
the name and place of abode 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 to go into evidence of any cause of action except such as is stated
in the notice so delivered, and unless such notice be proved, the Court shall
find for the defendant; and every such suit shall be commenced within six
months next after the accrual of the cause of action. Tender of amends.- If any
person to whom any such notice of suit is given shall, before suit brought,
tender sufficient 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. Payment into Court.- It
shall be lawful for the defendant, before issue joined by leave of the Court in
which any suit is pending, to pay into Court such sum of money as he shall
think fit, and thereupon such proceedings shall be had as in other cases where
defendants are allowed to pay money into Court. Nothing contained in this
Act shall be deemed to affect the provisions of the Indian Easements Act (Act V
of 1882). [1] These words were
substituted for the word “Madras” by the 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. [2] These words were
substituted for the word “Madras” by the 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. [3] For Statement of
Objects and Reasons, see Fort St. George Gazette Supplement, dated the 5th July
1881, p. 4; for Report of the Select Committee, see ibid, dated the 4th
December 1883, p. 1; for Proceedings in Council, see ibid, dated the 13th
September 1881, p. 9; ibid, dated the 3rd July 1883, p. 26; and ibid, dated the
25th March 1884, p. 1. This
Act was extended to the merged State of Pudukkottai by section 3 of, and the
First Schedule to, the Tamil Nadu Merged States (Laws) Act, 1949 (Tamil Nadu
Act XXXV of 1949). [4] This expression was
substituted for the expression “Madras Presidency” by the Tamil Nadu Adaptation
of Laws Order, 1970, which was deemed to have come into force on the 14th
January 1969. [5] This expression was
substituted for the expression “Presidency of Madras” by ibid. [6] These words were
substituted for the word “Madras” by the 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. [7] 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 1050. [8] These words were
substituted for the words “Fort St. George Gazette” by the Adaptation Order of
1937. [9] 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 1050. 10
See now the Land Acquisition Act, 1894 (Central Act I of 1894). [10] See now the Land
Acquisition Act, 1894 (Central Act I of 1894). [11] 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. [12] The words “Such
officers shall be liable to removal by order of the Governor in Council” were
omitted by the Adaptation Order of 1937. [13] 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. [14] This word was
substituted for the word “him” by ibid. [15] 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. [16] These words were
substituted for the words “Fort St. ???” by ibid. [17] 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. [18] 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. [19] These words were
substituted for the words “Fort St. George Gazette” by the Adaptation Order of
1937. [20] 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. [21] 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 1 of Madras Act II of 1885, Madras Act XXI of 1942 was
permanently re-enacted by section 2 of, and the First Schedule to, the Tamil
Nadu Re-enacting and Repealing (No. I) Act, 1948 (Tamil Nadu Act VII of 1948). [22] This word was
substituted for the word “Provincial” by the Adaptation Order, 1950. [23] These words were
inserted by s. 2 of Madras Act II of 1885. [24] These words were
inserted by s. 3 of the Madras Rivers Conservancy (Amendment) Act, 1942 (Madras
Act XXI of 1942), re-enacted permanently by s. 2 of, and the First Schedule to,
the Tamil Nadu Re-enacting and Repealing (No. I) Act, 1948 (Tamil Nadu Act VII
of 1948). [25] This Explanation was
added by ibid. [26] These words were
substituted for the words “prohibited by the section” by seotion 3 of the
Madras Rivers Conservancy (Amendment) Act, 1942 (Madras Act XXI of 1942),
re-enacted permanently by section 2 of, and the First Schedule to, the Tamil
Nadu Re-enacting and Repealing (No. I) Act, 1948 (Tamil Nadu Act VII of 1948). [27] These words were
substituted for the words “Governor in Council” by section 2 of the Madras
Rivers Conservancy (Amendment Act, 1936 (Madras Act XXII of 1936). [28] These words were
substituted for the words “Governor in Council” by section 2 of the Madras Rivers
Conservancy (Amendment Act, 1936 (Madras Act XXII of 1936). [29] The section was
substituted for the original section 16 Madras Act II of 1886, section 3. [30] 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 First Schedule to, the Tamil Nadu
Re-enacting and Repealing (No. I) Act, 1948 (Tamil Nadu Act VII of 1948). [31] These words were substituted for the words
“construct works thereon” by section 2 of the Madras Rivers Conservancy
(Amendment) Act, 1949 (Madras Act XXXI of 1949). [32] 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. [33] These words were
substituted for the words “Fort St. George Gazette” by the Adaptation Order of
1937. [34] This word was
substituted for the word “Presidency” by the Tamil Nadu Adaptation of Laws
Order, 1970, which was deemed to have come into force on the 14th January 1969. [35] See now Central Act 2
of 1974.[1][Tamil Nadu ]Rivers
Conservancy Act, 1884
[2][Tamil
Nadu Act 6 of 1884][3]