THE CONSTRUCTION OF TANKS AND KUNTAS IN PATTA LANDS RULES, 1950

PREAMBLE

In exercise of the powers conferred by Section 172 of the Andhra Pradesh (Telangana Area) Land Revenue Act of 1317 Fasli read with Section 61 of the said Act, the Governor is pleased to make the following Rules .

Rule - 1.

(a)      These rules may be called the Construction of Tanks and Kuntas in Patta Lands Rules of 1950.

(b)      They shall come into force from the date of their publication in the Official Gazette.

Rule - 2.

If the ayacut of the kunta or tank proposed to be constructed does not exceed 10 acres, the Collector may grant permission for the construction in consultation with the Divisional Engineer, P.W.D and Irrigation if within three months of such reference being made by the Collector to the Divisional Engineer, no reply is received from the P.W.D. it shall be presumed that the Department has no objection to such permission being granted. If the P.W.D. has any objection, the Collector, in his discretion grant permission in spite of such objection after recording his reasons in writing and inform the Board of Revenue accordingly. On such permission being granted, the Divisional Engineer of the District shall issue a permit after inspection in the same manner as he would have done if he had agreed to the proposed construction.

Rule - 3.

If the ayacut of the kunta or tank proposed to be constructed exceeds 10 acres but is less than 50 acres, the Collector shall consult the Superintending Engineer. If within six months of such reference being made by Collector to the Superintending Engineer the latter does not express any opinion against the proposal to grant permission for construction, it shall be presumed that P.W.D. has no objection to such permission being granted and the Collector shall, submit the proposal to the Board of Revenue of grant of permission.

Rule - 4.

All tanks having an ayacut of 50 acres and more shall be constructed only by the P.W.D. and such work shall not be entrusted to private individuals.

Rule - 5.

Applications for construction of kuntas and tanks submitted to Collectors shall be accompanied by a note in duplicate containing the following information and such plans as are specified below .

(a)      Particulars of the area that would be submerged viz., the village in which the area is situated; the survey number or numbers the area of each survey number, which will be submerged: the assessment of each survey number; the total area of submergence; whether the whole land is in the name of the applicant or not. Whether the applicant is in possession of the whole area or any person other than the applicant, then in what capacity.

(b)      How much land with the proposed tank irrigate, and the particulars relating to the said land as in (a)

(c)      Whether the proposed tank will intercept the flow of water into any existing Government source of irrigation or water supply, and if so, to what extent?

(d)      The extent of the catchment area of the proposed tank. The height of the proposed bund.

Three copies of the plan of the catchment area should be filed.

(e)      The Section of the bund and the sill level of the sluice statement of capacity of water.

Three copies of the plan of ayacut and LS. of bund should be filed.

(f)       Estimated cost of construction with a detailed estimate.

The note and plans shall be prepared or certified by a person who holds a degree in Engineering. The Collector shall send one copy of the note with the plans to the Divisional Engineer or the Superintending Engineer as the case may be, with whom consultation is necessary. In cases in which consultation is necessary, he may get the particulars checked or have the site inspected by any one of his technical subordinates or through officers of the Irrigation Department.

Rule - 6.

While granting permission, the Collector shall prescribe the period within which the work of construction should be completed and inform the Divisional Engineer or Superintending Engineer, as the case may be, of the same. The Divisional Engineer or the Superintending Engineer, as the case may be, may inspect the work either during the course of construction or on completion thereof and issue instructions as may be necessary. It shall be incumbent on the party, constructing the tank to carry out all such instructions, and in default thereof the work shall in the first instance be carried out by the P.W.D. at Government cost and the said cost shall be recovered from the party, later as arrears of Land Revenue. On completion of the constructions the Divisional Engineer or Superintending Engineer, as the case may be, if satisfied with the work, shall issue a certificate accordingly and also send a copy of the same to the Collector along with a report giving details of the area which will be submerged and of the ayacut to be irrigated. Thereupon the Collector shall issue an irrigation permit under his signature where in the height of the bund and sill level of the sluice will be shown together with the submergence and irrigable area, etc., and the assessment to be lined on the irrigable area. No land shall be irrigated from such kunta or tank unless the person who has constructed the same has obtained such irrigation permit. If the Divisional Engineer does not send his report for issue in the irrigation permit before the commencement of the cultivation season, the Collector may in his discretion grant permission for the use of water subject to such conditions as he may deem fit and arrange for the issue of an irrigation permit as early as possible.

Rule - 7.

If permission is granted for the construction of new tanks or kuntas only the maximum dry assessment will be charged and not wet assessment.

Rule - 8.

(a)      In no case shall the dry assessment of the submerged land of the kuntas or tanks so constructed be remitted nor shall permission for construction be granted to any person unless he proves to the satisfaction of Collector that the entire area to be submerged and of the ayacut is in his ownership and possession.

(b)      In case where on account of wrong statement made by the applicant either wilfully or by oversight, the Collector shall unless the applicant acquires ownership or possession of the submerged land with the specific consent of such owner or occupier, or where the applicant raises the bund higher than the height sanctioned by the Collector, the Collector shall unless he considers it necessary to breach the bund, order the bund to be lowered to the sanctioned level; should the applicant fail to carry out the said order, the demolition shall in first instance be carried out at Government cost and the said cost shall be recovered from him later as arrears of land revenue.

Rule - 9.

Any tank or kunta constructed without obtaining the permission of the Collector or the Board of Revenue, as the case may be in accordance with the above provisions, shall be demolished by order of the Collector.

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THE CONSTRUCTION OF TANKS AND KUNTAS IN PATTA LANDS RULES, 1950

PREAMBLE

In exercise of the powers conferred by Section 172 of the Andhra Pradesh (Telangana Area) Land Revenue Act of 1317 Fasli read with Section 61 of the said Act, the Governor is pleased to make the following Rules .

Rule - 1.

(a)      These rules may be called the Construction of Tanks and Kuntas in Patta Lands Rules of 1950.

(b)      They shall come into force from the date of their publication in the Official Gazette.

Rule - 2.

If the ayacut of the kunta or tank proposed to be constructed does not exceed 10 acres, the Collector may grant permission for the construction in consultation with the Divisional Engineer, P.W.D and Irrigation if within three months of such reference being made by the Collector to the Divisional Engineer, no reply is received from the P.W.D. it shall be presumed that the Department has no objection to such permission being granted. If the P.W.D. has any objection, the Collector, in his discretion grant permission in spite of such objection after recording his reasons in writing and inform the Board of Revenue accordingly. On such permission being granted, the Divisional Engineer of the District shall issue a permit after inspection in the same manner as he would have done if he had agreed to the proposed construction.

Rule - 3.

If the ayacut of the kunta or tank proposed to be constructed exceeds 10 acres but is less than 50 acres, the Collector shall consult the Superintending Engineer. If within six months of such reference being made by Collector to the Superintending Engineer the latter does not express any opinion against the proposal to grant permission for construction, it shall be presumed that P.W.D. has no objection to such permission being granted and the Collector shall, submit the proposal to the Board of Revenue of grant of permission.

Rule - 4.

All tanks having an ayacut of 50 acres and more shall be constructed only by the P.W.D. and such work shall not be entrusted to private individuals.

Rule - 5.

Applications for construction of kuntas and tanks submitted to Collectors shall be accompanied by a note in duplicate containing the following information and such plans as are specified below .

(a)      Particulars of the area that would be submerged viz., the village in which the area is situated; the survey number or numbers the area of each survey number, which will be submerged: the assessment of each survey number; the total area of submergence; whether the whole land is in the name of the applicant or not. Whether the applicant is in possession of the whole area or any person other than the applicant, then in what capacity.

(b)      How much land with the proposed tank irrigate, and the particulars relating to the said land as in (a)

(c)      Whether the proposed tank will intercept the flow of water into any existing Government source of irrigation or water supply, and if so, to what extent?

(d)      The extent of the catchment area of the proposed tank. The height of the proposed bund.

Three copies of the plan of the catchment area should be filed.

(e)      The Section of the bund and the sill level of the sluice statement of capacity of water.

Three copies of the plan of ayacut and LS. of bund should be filed.

(f)       Estimated cost of construction with a detailed estimate.

The note and plans shall be prepared or certified by a person who holds a degree in Engineering. The Collector shall send one copy of the note with the plans to the Divisional Engineer or the Superintending Engineer as the case may be, with whom consultation is necessary. In cases in which consultation is necessary, he may get the particulars checked or have the site inspected by any one of his technical subordinates or through officers of the Irrigation Department.

Rule - 6.

While granting permission, the Collector shall prescribe the period within which the work of construction should be completed and inform the Divisional Engineer or Superintending Engineer, as the case may be, of the same. The Divisional Engineer or the Superintending Engineer, as the case may be, may inspect the work either during the course of construction or on completion thereof and issue instructions as may be necessary. It shall be incumbent on the party, constructing the tank to carry out all such instructions, and in default thereof the work shall in the first instance be carried out by the P.W.D. at Government cost and the said cost shall be recovered from the party, later as arrears of Land Revenue. On completion of the constructions the Divisional Engineer or Superintending Engineer, as the case may be, if satisfied with the work, shall issue a certificate accordingly and also send a copy of the same to the Collector along with a report giving details of the area which will be submerged and of the ayacut to be irrigated. Thereupon the Collector shall issue an irrigation permit under his signature where in the height of the bund and sill level of the sluice will be shown together with the submergence and irrigable area, etc., and the assessment to be lined on the irrigable area. No land shall be irrigated from such kunta or tank unless the person who has constructed the same has obtained such irrigation permit. If the Divisional Engineer does not send his report for issue in the irrigation permit before the commencement of the cultivation season, the Collector may in his discretion grant permission for the use of water subject to such conditions as he may deem fit and arrange for the issue of an irrigation permit as early as possible.

Rule - 7.

If permission is granted for the construction of new tanks or kuntas only the maximum dry assessment will be charged and not wet assessment.

Rule - 8.

(a)      In no case shall the dry assessment of the submerged land of the kuntas or tanks so constructed be remitted nor shall permission for construction be granted to any person unless he proves to the satisfaction of Collector that the entire area to be submerged and of the ayacut is in his ownership and possession.

(b)      In case where on account of wrong statement made by the applicant either wilfully or by oversight, the Collector shall unless the applicant acquires ownership or possession of the submerged land with the specific consent of such owner or occupier, or where the applicant raises the bund higher than the height sanctioned by the Collector, the Collector shall unless he considers it necessary to breach the bund, order the bund to be lowered to the sanctioned level; should the applicant fail to carry out the said order, the demolition shall in first instance be carried out at Government cost and the said cost shall be recovered from him later as arrears of land revenue.

Rule - 9.

Any tank or kunta constructed without obtaining the permission of the Collector or the Board of Revenue, as the case may be in accordance with the above provisions, shall be demolished by order of the Collector.