THE TELANGANA IRRIGATION ACT, 1357 F.

(ACT NO. XXIV OF 1357 F.)

ARRANGEMENT OF SECTIONS
Sections
PART I
PRELIMINARY.
1. Short title, commencement and extent.
2. Repeal of previous orders.
3. Definitions.
4. Appointment of officers.
PART II
THE CONSTRUCTION AND MAINTENANCE OF
IRRIGATION WORKS.
5. Construction, control or maintenance of irrigation works.
6. Notification in case of use of water for irrigation works.
7. Powers of Irrigation officer regarding use of water.
8. Entry for enquiry.
9. Power to inspect and regulate supply of water.
10. Power to enter upon land for repairs and prevention of
accidents.
11. Issue of notice to occupier.
12. Canal crossing.
13-18. Omitted.
PART III
SUPPLY OF WATER.
19. Application for supply of water.
20. Power to stop supply of water.
21. Duration of supply of water.
2 [Act No. XXIV of 1357 F.]

PART IV.
AWARD OF COMPENSATION.
22. Compensation awardable or damage.
23. Compensation of land used in construction of water-
course when not payable.
24. Limitation of claims.
SUMMARY DECISIONS.
25. Compensation in case of damage caused by entry on
land etc.
26. Compensation on account of interruption of supply of
water.
27. Appeal of order passed under section 25 or 26.
28. Notice as to submission of claims for compensation.
29. Compensation when due.
PART V.
WATER-TAX.
30. Determination of rate of Water Tax.
31. Liability when water is un-lawfully used and occasional
tax.
32. Liability when water runs to waste.
33. Taxes recoverable in addition to penalty.
34. Tax for percolation and leakage.
PART VI.
SUPPLYING LABOUR FOR EMERGENCY WORKS OF
CANALS.
35. Procedure for obtaining labour for repair and works of
construction urgently required.
36. Payment of wages.
[Act No. XXIV of 1357 F.] 3

PART VII.
SAFEGUARD OF IRRIGATION WORKS.
37. Limitations in respect of Irrigation works.
38. Interference with canal or channel works.
39. Construction and repair of tanks kuntas and bunds
prohibited.
40. Obligations of owners in respect of works affecting canal
safety.
41. Appeal against order issued under section 40.
42. Mining or quarrying by explosives prohibited.
43. Excavation of well adjoining irrigation work prohibited.
44. Operation of sluices etc., prohibited.
45. Plying of ferry-boat prohibited.
46. Unlawful letting out of water from canal.
47. Patta of beds of tank.
48. Certain matters, within boundaries of tanks or canals
prohibited.
PART VIII.
PENALTIES AND PROCEDURE.
49. Damaging irrigation works.
50. Endangering stability of any irrigation work.
51. Removing obstruction and compensation for loss.
52. Power to remove and take into custody person
obstructing.
53. Punishment or contravention of section 35.
54. Punishment for exercising powers under this Act for
vexation.
55. Appointment of special Magistrate.
56. Remedy against order made by Collector.
4 [Act No. XXIV of 1357 F.]

57. Punishment under other laws not barred.

PART IX.
WATANDAR PATWARIS AND IRRIGATION PATWARIS.
58. Notification regarding appointment of Irrigation Patwaris.
59. Performance of work until Irrigation Patwari assumes
charge.
60. Compensation for watan rights.
61. Appointment of Irrigation Patwaris.
PART X.
MISCELLANEOUS.
62. Power of revision.
63. Power to summon witnesses and to record their
statements.
64. Manner of serving notice.
65. Civil Courts not to have jurisdiction.
66. Omitted.
PART XI.
RULES.
67. Power to make rules.
 THE TELANGANA IRRIGATION ACT, 1357 F.1

ACT No.XXIV OF 1357 F.

PART I
PRELIMINARY.

1. This Act may be called 2[the Telangana Irrigation Act, Short title,
1357 F.] and it shall come into force in 2[the whole of the commencement
State of Telangana] from the date of its publication in the and extent.
Official Gazette.

(2) This Act shall apply to all new irrigation works, their
ayacuts and to all other irrigation works of ayacuts of two
thousand acres or more and their ayacuts:

Provided that notwithstanding the provisions contained

in this Act, the Government may, by notification exclude any
local area or irrigation work or class of irrigation works from
the operation of the whole or any of the provisions of this
Act, from the date as may be specified by the notification in
the Official Gazette.

2. All Acts, rules and orders, in so far as they are Repeal of

repetitions of or inconsistant with the provisions of this Act previous orders.
shall be deemed to be repealed from the date of
commencement of this Act.

1. The Andhra Pradesh (Telangana Area) Irrigation Act, 1357 F. in force

in the combined State, as on 02.06.2014, has been adapted to the State
of Telangana, under section 101 of the Andhra Pradesh Reorganisation
Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws
(No.2) Order, 2016, issued in G.O.Ms.No.46, Law (F) Department, dated
01.06.2016.
2. Substituted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
 2 [Act No.XXIV of 1357 F.]

Definitions. 3. In this Act, unless there is anything repugnant in the

subject or context,-

(a) ―irrigation work‖ includes,–

(i) all kuntas, reservoirs, tanks, anicuts, canals, their

distributaries, channels and sluices constructed, maintained
or controlled wholly or partly by or with the consent of the
Government for the supply, conveyance or storage of water;

(ii) all construction works, embankments, structures,

supply and escape channels, connected with the aforesaid
water reservoirs, tanks, anicuts, canals, and their
distributaries, pipes and sluices and all roads constructed
for the purpose of facilitating the construction or
maintenance of the said water reservoirs, tanks, anicuts,
canals, distributaries, and their channels, pipes and sluices;

(iii) all drainage works and flood embankments;

(iv) any part of a river, stream, lake, natural water

reservoir or drainage channel, to which the Government
may apply the provisions of section 6 or the water of which
has been used before the commencement of this Act for the
purposes of any existing irrigation work;

(v) all lands appropriated by the Government for the

purposes of water reservoirs, tanks, anicuts, canals and
their distributaries, pipes and sluices and all buildings,
machinary, fences, gates and other errections on such
lands;
3
[(vi) all pumping sets which are owned or
constructed or maintained or controlled wholly or partly by
the Government and not handed over to any person.]

3. Added by Act No.23 of 1979.

[Act No.XXIV of 1357 F.] 3

(b) ―new irrigation work‖ means an irrigation work as

defined in clause (a) and constructed or completed by the
Government after 1st Azur 1314 F. and includes extensions
to irrigation works made after that date;

(c) ―water course‖ means any field channel or pipe not

having capacity in excess of 3 cft. per second which is
supplied with water from an irrigation work, but which is not
maintained at the cost of the Government, and includes all
subsidary works belonging to such field channels but does
not include the sluice or outlet through which water is
supplied to such channel or pipe;

(d) ―drainage work‖ includes:-

(i) natural or artificial channels for the discharge of

waste or surplus water, and all works connected with or
auxiliary to such channels;

(ii) escape channels of an irrigation work, dams,

weirs, embankments, sluices and groins;

(iii) any work constructed or improved by the

Government for the purpose of reclamation by means of
improvement of the surrounding drainage; and

(iv) all works for the protection of lands from

inundations or erosion, constructed or maintained by the
Government either wholly or in part;

(e) ―flood embankment‖ means an embankment

constructed or maintained by the Government in connection
with any system of irrigation or reclamation works for the
protection of lands from inundation or which may be
declared by the Government to be maintained in connection
with any such system, and includes all groins, spurs, dams
 4 [Act No.XXIV of 1357 F.]

and other protective works done in connection with such

embankments;

(f) ―above a canal‖ means all the area that cannot be

supplied with water by gravity from the canal;

(g) ―below a canal‖ means all the area that can be

supplied with water by gravity from the canal;

(h) ―ayacut‖ means all the area irrigable under an

irrigation work;

(i) ―Board of Revenue‖ means the Board of Revenue

constituted under 4[the Telangana Board of Revenue
Regulation LX of
1358 F. Regulation, 1358 F.], or such other person or body of
persons as the Government may empower to exercise all or
any of the powers of the Board of Revenue under this Act;

(j) ―Collector‖ means an officer appointed or deputed

by the Government or any other person empowered by the
Government to exercise all or any of the powers of a
Collector under this Act;

(k) ―Irrigation officer‖ means an officer of the Public

Works Department or Revenue Department appointed or
deputed by the Government to perform such of the
functions of the Irrigation officer as may be prescribed under
this Act;

(l) ―prescribed‖ means prescribed by rules made under

this Act.

Appointment of 4. The Government may declare by notification in the

officers. Official Gazette the officers or persons and the local limits

4. Adapted as Telangana Board of Revenue Regulation, 1358 F. vide

G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
[Act No.XXIV of 1357 F.] 5

within which they shall exercise or perform wholly or partly

the powers and duties which are conferred or imposed on
the Board of Revenue, the Collector or the Irrigation officer
under this Act.

PART II
THE CONSTRUCTION AND MAINTENANCE OF
IRRIGATION WORKS.

5. No person shall be authorised to construct, control or Construction,

maintain wholly or partly an irrigation work, as defined in control or
clause (a) of section 3, except the Government or with the maintenance of
irrigation works.
sanction of the Government. The sanction shall be given
subject to such conditions as the Government deems fit.

6. Whenever it appears expedient to the Government that Notification in

the water of any river, stream or lake flowing in a natural case of use of
water for irrigation
course, or the still water of any other natural reservoir should
works.
be used by the Government for the purposes of any existing
or projected irrigation work, the Government may declare
that such water shall be so used after a day specified in the
notification not being fixed within a period of three months
from the date thereof.

7. At any time after the day specified in the notification, Powers of

any Irrigation officer empowered in this behalf may, subject Irrigation officer
regarding use of
to the provision of section 11, enter on any land, remove
water.
any obstruction, close any channel and do any other work
necessary for the use of the water for such purpose and
may take with him, or depute or employ, such subordinates
or other persons as he deems fit.

8. Whenever it shall be necessary to make any enquiry or Entry for enquiry.

examination in connection with a projected irrigation work,
or with the maintenance of any existing irrigation work, any
Irrigation officer empowered in this behalf, and any person
 6 [Act No.XXIV of 1357 F.]

acting under the general or special order of such Irrigation

officer may,-

(a) enter upon such land as he may think necessary for

the said purpose;

(b) exercise all powers and do all things in respect of

such land as could be exercised or done if the Government
had issued a notification under the Land Acquisition Act to
the effect that land in that area will be needed for public
benefit;

(c) set up and maintain water gauges and do all works

necessary for such enquiry and examination.

Power to inspect 9. Any Irrigation officer authorised in this behalf and any
and regulate person acting under his general or special order may enter
supply of water.
upon any land, building or water-course, for the purpose of
inspecting and regulating the use of water, and measuring
the land, irrigated thereby, or chargeable with a water tax,
and for the proper regulation and maintenance of any
irrigation work from which such water is supplied and also
for doing other necessary work.

Power to enter 10. In case of any accident being apprehended or

upon land for happening to an irrigation work, any Irrigation officer
repairs and
authorised in this behalf, and any person acting under his
prevention of
accidents. general or special order may, subject to the provisions
contained in section 11, enter upon any land adjacent to the
irrigation work and may acquire trees and other materials
and execute all such works as may be necessary for the
purpose of preventing such accident or compensating the
damage done.

Issue of notice to 11. When an Irrigation officer or any other person acting
occupier. under his general or special order in this behalf desires
under the provisions of section 8, 9 or 10, to enter into any
[Act No.XXIV of 1357 F.] 7

building or enclosed court or garden attached to a dwelling

house into which the water does not flow from any irrigation
work and which is not adjacent to a flood embankment, he
shall previously give to the occupier of such building, court
or garden, a written notice of such reasonable period as the
importance of the case may require and shall also give
sufficient time for the Pardanashin lady to vacate the
building, court or garden.

12. Suitable means of crossing canals and channels shall Canal crossing.
be provided at such places as the Government may think
necessary for the reasonable convenience of the inhabitants
of the adjacent land; and suitable bridges or culverts and
such other works shall be constructed to remove
obstruction which may arise in the drainage of the land by
any canal or channel.
5
[13-18. [XXX]]

PART III
SUPPLY OF WATER.

19. (1) Every person desiring to receive water for lands, Application for
other than those classed as wet, from an irrigation work supply of water.
shall submit an application therefor to the Irrigation officer in
the prescribed form.

(2) If the application be for supply of water for purpose

other than those of irrigation, the Irrigation officer may give
permission, subject to the prescribed conditions and
restrictions.

20. The supply of water to any water-course or to any Power to stop

person entitled there to shall not be stopped except in the supply of water.
following cases:-

5. Sections 13 to 18 repealed by Act No.12 of 1965.

 8 [Act No.XXIV of 1357 F.]

(a) in case and so long as it is necessary to stop

supply for executing any work by the order of the authority;

(b) in case and so long as any water-course by which

water is supplied is not maintained in such good condition
as to stop the waste of water;

(c) in case and so long as may be necessary to stop

supply in order to fulfil in rotation the legitimate demands of
other persons entitled thereto;

(d) in case and so long as may be necessary to stop

supply in order to prevent the wastage or misuse of water;

(e) in course of closure of canal of which notice shall

be given in the prescribed manner;

(f) in case and so long as may be necessary to stop the

supply of water for a change in the source thereof by the
Irrigation officer.

Duration of supply 21. When canal water is supplied for one or more crops,
of water. the permission to use such water shall remain only until the
maturity of such crop or crops and be deemed to apply only
to such crop or crops.

PART IV.
AWARD OF COMPENSATION.

Compensation 22. Compensation may be awarded if any damage is

awardable or caused by the exercise of, or on account of, the powers
damage.
conferred under this Act, provided the damage and its
compensation can be ascertained. But compensation shall
not be awarded for damage caused by the following
reasons:-

(a) deterioration of climate or soil;

[Act No.XXIV of 1357 F.] 9

(b) stoppage of navigation or the means of floating

timber or of watering cattle;

(c) stoppage or diminution of the supply of water from

any river or stream flowing in a natural channel or in any
lake or natural reservoir of still water by the application of
such water for the purposes of a new irrigation work or
otherwise unless a right in respect of use of such water is
established; or

(d) the flow of water in a channel is closed or stopped

for the following causes:-

(i) any cause beyond the control of the Government;

(ii) repair, alteration or extension to the channels;

(iii) any measure considered necessary by the

Irrigation officer empowered in this behalf for regulating the
flow of water in the channel required for the generation of
hydro-electric power or for maintaining the course
established by water required for irrigation.

Any person who suffers loss from stoppage or

diminution of water supply due to any of the causes named
in clause (d) shall be entitled to such reduction in the
prescribed assessment payable by him as may be permitted
by the Government.

23. If a water course is constructed in any survey number Compensation of

and the owner of such survey number is benefited, by it, no land used in
construction of
compensation, notwithstanding any other thing contained in
water-course
any law for the time being in force, shall be payable. when not payable.

24. No claim for compensation under this Act made after Limitation of
the expiration of a period of one year from the date when the claims.
alleged damage occured shall be entertained unless the
 10 [Act No.XXIV of 1357 F.]

Collector is satisfied that the claimant had sufficient cause

for not making the claim within such period.

SUMMARY DECISIONS.

Compensation in 25. In every case of entry upon land or building under

case of damage section 7, 8, 9 or 10, the Irrigation officer, or the person
caused by entry
on land etc. making the entry, shall ascertain and record the damage
caused by the entry or in the execution of any work, to any
crop, tree, building or any other property, and within three
months from the date of such entry, the Irrigation officer
shall pay the compensation to the occupier of land or the
owner of the property damaged.

If the compensation awarded is not accepted, the

Irrigation officer shall forthwith send the case to the
Collector so that he may, after making enquiry as to the
amount of compensation, decide it.

Compensation on 26. If damage is caused to any occupier of land by

account of interruption in the supply of water, or if any cause of action
interruption of
supply of water. arises under section 22, the person aggrieved may present
a petition for compensation to the Collector for the damage,
who shall after consulting the Irrigation officer award to the
petitioner reasonable compensation for such damage.

Appeal of order 27. An appeal from the decision of the Collector under
passed under
sections 25 and 26 shall lie to the Board of Revenue within
section 25 or 26.
three months and the decision of the Board of Revenue
shall be final.

Notice as to 28. (1) As soon as possible after the issue of a notification

submission of under section 6, the Collector shall cause a public notice to
claims for
compensation.
be published at proper places, stating that the Government
intends to use the water as aforesaid, and that claims for
compensation may be submitted before him.
[Act No.XXIV of 1357 F.] 11

(2) A copy of sections 22 and 24 shall be annexed to

every such notice.

29. (1) All sums of money held payable for the Compensation
compensation assessed shall become due after six months when due.
from the final award.

(2) Simple interest at the rate of six percent per annum

shall be paid on the sum remaining unpaid after the period
except when the amount of compensation could not be paid
by reason of neglect or refusal of the applicant to apply for
or receive the same.

PART V.
WATER-TAX.

30. Tax shall be recovered on water supplied for irrigation Determination of

or for any other purpose at such rates as shall from time to rate of Water Tax.
time be prescribed by the Government.

31. If water supplied through a water-course be un-lawfully Liability when

used, the person by whose act or neglect such use has water is un-
lawfully used and
occurred, or if such person cannot be identified, the person
occasional tax.
or all the persons on whose land water has flowed and such
land is benefited therefrom, or the person or all the persons
chargeable in respect of the water supplied through such
water-course shall be liable, severally or jointly, as the case
may be, for the payment of tax which may be prescribed for
such use under the rules.

32. If water supplied through a water-course is wasted, the Liability when

person through whose act or neglect water was wasted, or if water runs to
such person after inquiry cannot be traced, the person or all waste.
the persons liable for the tax on water supplied through
such water-course, shall be jointly or severally liable, as the
case may be, for the payment of tax which shall be held
payable in respect of the water in case it is wasted, under
 12 [Act No.XXIV of 1357 F.]

the rules. The Irrigation officer shall decide all questions

pertaining to this section and section 31.

Taxes recoverable 33. All taxes charged when water is unlawfully used or
in addition to wasted shall be recoverable as an arrear of land revenue in
penalty.
addition to the penalty imposed on account of such use or
waste.

Tax for 34. If it shall appear to the Irrigation officer that any
percolation and cultivated land within two hundred yards of any irrigation
leakage.
work received, by percolation or leakage from such
irrigation work, any such advantage which would be
received in case of direct supply of water or that any
cultivated land, wherever situate, is supplied with water by
surface flow or by a well sunk within fifty yards of any
irrigation work from a percolation or leakage in the said
irrigation work, he shall report it to the Collector. The
Collector shall charge on such land a tax not exceeding that
which would ordinarily have been charged when water is
directly supplied to land similarly cultivated. In assessing
such tax, the Collector shall subject to rules under this Act,
take into consideration the expenditure necessarily incurred
in carrying such water to the land.

Explanation:— For the purposes of this Act, land

charged with tax under this section shall be deemed to be
land irrigated from an irrigation work.

PART VI.
SUPPLYING LABOUR FOR EMERGENCY WORKS OF
CANALS.

Procedure for 35. (1) Whenever it appears to an Irrigation officer that

obtaining labour unless improvement and repair is immediately done to an
for repair and
works of
irrigation work it will suddenly cause serious loss to the
construction public or that unless some clearance of a canal or other
urgently required. irrigation work which is necessary in order to maintain the
[Act No.XXIV of 1357 F.] 13

established course of irrigation or drainage is immediately

executed, serious public loss with occur; and that the labour
necessary for the proper execution of such repair, clearance
or other work cannot be obtained in the ordinary manner
within the time necessary for execution of the same so as to
prevent such loss, it shall be lawful for the said officer to
require the Patel or Patels of the village or villages in the
vicinity, to call upon all or any of able bodied male persons
who reside or occupy any land in or near the place where
such work, repair or clearance has to be executed, to assist
in the execution of same by their own labour, in accordance
with the direction of the said officer or the person authorised
in writing by him in this behalf.

(2) A person authorised under sub-section (1) shall be

deemed to be a Government servant within the meaning of
the Indian Penal Code, 1860. Central Act 45 of 1860.

(3) Any order made under this section shall be

immediately reported to the Collector.

36. All persons required under section 35 and have Payment of

laboured by day or have been detained for this purpose wages.
shall as soon as possible and in any case within fifteen days
from such requisition, be paid by the Irrigation officer for
their labour and detention at twenty five to fifty percent in
excess of the rate of wages for the time being prevailing in
the locality. If the persons are required to work or be
detained at night, wages shall be paid at twice the said rate.

PART VII.
SAFEGUARD OF IRRIGATION WORKS.

37. Except in the prescribed manner, no person other than Limitations in

the Irrigation officer shall be authorised without the written respect of
order of the Government to,- Irrigation works.
 14 [Act No.XXIV of 1357 F.]

(a) divert or interfere with the course of a natural

stream, or

(b) construct a kunta or tank on any natural stream, or

(c) construct any earthen or masonry bund or weir on

channel or stream, flowing above or below any water-
course.

Interference with 38. No person shall interfere with or obstruct the proper
canal or channel functioning of the various cross drainage works of Irrigation
works. works, namely culverts, water-courses, super-passages,
syphons, weirs and allied works constructed for the safety of
the canal or channels, without the express written
permission of the Irrigation officer.

Construction and 39. Save in the prescribed manner, no tank or kunta or

repair of tanks bund shall be constructed on a cross-drainage specified in
kuntas and bunds
section 38, nor shall any breached tank, kunta or bund be
prohibited.
repaired, nor shall any existing tank, kunta or bund be
extended or raised without the order in writing of the
Government.

Obligations of 40. (1) It shall be incumbent on every owner whose tanks,

owners in respect kuntas or bunds are situated above an irrigation work to
of works affecting maintain the bunds and water rejecting arrangements of
canal safety.
such irrigation sources in a safe and good condition.

(2) If, in the opinion of the Irrigation officer, such

irrigation sources are not safe or in a good condition and
are likely to endanger the irrigation work, then the owner
concerned shall be given a notice through, the Collector to
bring such irrigation sources to a fit condition as directed by
the Irrigation officer in a reasonable specified time.

(3) If the said owner fails to comply within the time

specified or effects repairs which in the opinion of the
[Act No.XXIV of 1357 F.] 15

Irrigation officer are not satisfactory, then the Irrigation

officer shall have the right to get the repairs executed or
completed when necessary, and the cost thereof shall be
recovered from the said owner by the Collector as an arrear
of land revenue.

41. From every order by the Irrigation officer, under section Appeal against
40, an appeal shall lie within three months to such authority order issued
under section 40.
as may be appointed for this purpose.

42. No person shall conduct mining or quarrying Mining or

operations requiring the use of explosives within two quarrying by
explosives
furlongs from the boundaries of an irrigation work without
prohibited.
the written permission of the Irrigation officer.

43. No new well shall be excavated within two hundred Excavation of well
yards from the boundaries of an irrigation work without the adjoining
irrigation work
permission of the Irrigation officer.
prohibited.

44. No person other than the Irrigation officer or the person Operation of
empowered by the Government shall have the right to sluices etc.,
operate a flood-gate, regulator or a sluice-gate of a water prohibited.
reservoir, canal or channel.

45. No person shall have the right to ply a ferryboat in a Plying of ferry-
water reservoir or a canal or channel without the permission boat prohibited.
of the Government.

46. No person other than the Irrigation officer shall be Unlawful letting
authorised to let out water from a canal or channel by out of water from
cutting the bund, constructing a sluice or outlet or any other canal.
contrivance.

47. The patta for the bed land of tank shall not be granted Patta of beds of
nor the existing occupancy rights continued where the tank tank.
is utilised as water reservoir under a canal or channel:
 16 [Act No.XXIV of 1357 F.]

Provided that compensation in case of acquired

occupancy right being so extinguished, shall be paid under
the Land Acquisition Act.

Certain matters, 48. The following matters are prohibited within the
within boundaries boundaries of a water reservoir, tank, canal or channel
of tanks or canals
prohibited.
except that they are performed by persons authorised:-

(a) removal of any material relating to the irrigation

work;

(b) cultivation of any kind;

(c) sowing or planting of trees;

(d) tapping of Abkari trees situated on the land

acquired;

(e) establishment of any new place of worship;

(f) grazing or tethering of any animal;

(g) vehicular traffic on bunds or inspection pathways;

(h) passage of animals on bunds or inspection

pathways;

(i) corruption of or fouling the water;

(j) removal or cutting of or damaging trees in any way;

(k) other prescribed matters.

[Act No.XXIV of 1357 F.] 17

PART VIII.
PENALTIES AND PROCEDURE.

49. (1) Whosoever wilfully and without the permission of Damaging

the competent officer, commits or attempts to commit the irrigation works.
following acts:-

(a) damages, alters, enlarges, or obstructs any

irrigation work;

(b) interferes with, or increases, or diminishes the

supply of water in, or the flow of water through, over or
under any irrigation work or does some other act which
reduces its utility for the purposes for which it was
constructed;

(c) corrupts or fouls the water of any irrigation work

by which the utility is reduced for the purposes for which it is
ordinarily used;

(d) destroys, defaces or removes any land or level

marks or water guage or lock fixed by competent officer;

(e) destroys, tampers with or removes the apparatus

for controlling, regulating or measuring the flow of water in
any irrigation work;

(f) notwithstanding any prohibition, passes or causes

animals or vehicles to pass, in or across any irrigation work,
its banks, or channels, contrary to rules made under section
67;

(g) willfully causes or permits cattle to graze upon

any irrigation work, or flood-embankment, or willfully tethers
or causes or permits cattle to be tethered, upon any such
irrigation work or embankment, or roots up any grass or
vegetation growing on any irrigation work or embankment,
 18 [Act No.XXIV of 1357 F.]

or removes, cuts, or in any way injures or causes to be

removed, or otherwise injures, any tree bush, hedge or
grass planted for the protection of such irrigation work or
embankment; and

(h) whoever contravenes any rule made under

section 67 the breach whereof is declared punishable under
this section, shall, on conviction before a Collector, be
punished with a fine which may extend to five hundred
rupees.

(2) For any contravention mentioned in clause (a), (d)

or (e) of sub-section (1) if the Collector is of the opinion that
in the circumstances of the case it is proper to punish with
imprisonment in lieu of fine he may commit the case to the
special Magistrate appointed under section 55 or if no such
special Magistrate is appointed, to the competent Magistrate
concerned and on conviction before the special Magistrate
or the competent Magistrate, as the case may be, shall be
punished with imprisonment which may extend to three
months.

Endangering 50. (1) Whosoever without the permission of the competent

stability of any officer:-
irrigation work.

(a) pierces or cuts through, or attempts to pierce or

cut through, or otherwise to damage or destroy or endanger
the stability of any irrigation work;

(b) opens, shuts or obstructs, the sulice in any

irrigation work or attempts it;

(c) for the purpose of diverting or impounding the

free flow of water, (the right to which vests in the
Government),–
[Act No.XXIV of 1357 F.] 19

(i) makes or attempts to make any dam or refuses

or neglects to remove it when required to do so;

(ii) creates or attempts to create obstruction or

refuses or neglects to remove any such obstruction when
required to do so;

shall on conviction before a Collector be punished with

a fine which may extend to one thousand rupees.

(2) For any contravention mentioned in clause (a) or

clause (c) (i) of sub-section (1) if the Collector is of the
opinion that in the circumstances of the case, it is proper to
punish with imprisonment in lieu of fine he may commit the
case to the special Magistrate appointed under section 55
or if no such special Magistrate is appointed, to the
competent Magistrate concerned and on conviction before
the special Magistrate, or the competent Magistrate, as the
case may be, shall be punished with imprisonment which
may extend to one year.

51. Whenever any person is convicted under section 49 or Removing

50 the Collector or, the special Magistrate or the concerned obstruction and
competent Magistrate, as the case may be, may order that compensation for
loss.
he shall remove the obstruction or compensate the loss on
account of which he is punished, within a period to be fixed
in the order. If such person refuses or neglects to obey the
order within the fixed period, the Collector may authorise the
Irrigation officer to remove such obstruction or compensate
such loss and its cost shall be recoverable from such
person as an arrear of land revenue.

52. (1) Any person in charge of or employed on any Power to remove

irrigation work may remove from the lands or buildings and take into
belonging thereto, or may take into custody without a custody person
obstructing.
warrant, and take forthwith before a Collector or concerned
 20 [Act No.XXIV of 1357 F.]

Tahsildar, to be dealt with according to law, any person,

who in his view:

(a) wilfully damages, obstructs or fouls any irrigation

work, or

(b) without permission from the competent officer,

interferes with the supply or flow of water, in or from any
irrigation work so as to endanger, damage or reduce its
utility.

(2) when a person is arrested and produced before the

Tahsildar under sub-section (1) the Tahsildar shall release
such person binding him for appearance by taking security
or bond and shall send the report to the Collector without
delay.

Punishment or 53. Any person, who, being called upon to assist by his
contravention of physical labour in the completion of any irrigation work
section 35.
under section 35 refuses or neglects to comply with such
call without sufficient cause shall, on conviction before a
Collector be punished with a fine which may extend to fifty
rupees.

Punishment for 54. If an officer or other person empowered to take action

exercising powers under this Act exercises, without reasonable cause for the
under this Act for
purpose of vexation or with malicious intention, any power
vexation.
under this Act, on conviction before the special Magistrate,
appointed under section 55 or if no such special Magistrate
is appointed, before the competent Magistrate concerned
shall be punished with imprisonment which may extend to
six months, or with fine which may extend to one thousand
rupees or with both.

Appointment of 55. The Government may, for the purposes of this part,
special appoint for any area a special Magistrate, who may exercise
Magistrate.
the powers of the Magistrate of the First Class in
[Act No.XXIV of 1357 F.] 21

accordance with the provisions of the 6[Code of Criminal Central Act 5 1898.
Procedure, 1898.] In case special Magistrate is not
appointed, the cases to be committed to the special
Magistrate shall be committed to the competent Magistrate
concerned:

Provided that notwithstanding anything to the contrary

in the said Code special Magistrate or competent
Magistrate, as the case may be, may try any contravention
summarily under this part and pass a sentence to the extent
he is empowered under this part.

56. An appeal may lie to the Board of Revenue within three Remedy against
months against the sentence of fine passed by the Collector order made by
under this part and the order of the Board of Revenue shall Collector.
be conclusive. Any such order shall not be called in
question in any Criminal or Civil Court.

57. Nothing herein contained shall prevent any person Punishment under
being prosecuted under any other law, for the time being in other laws not
force, for any act or omission punishable by this Act. barred.

PART IX.
WATANDAR PATWARIS AND IRRIGATION PATWARIS.

58. If for any area comprised in or adjacent to ayacut of Notification

any irrigation work under existence or under construction regarding
appointment of
the Government considers it necessary to improve the
Irrigation Patwaris.
standard of village record and statistics relating to lands, the
Government may, declare that Irrigation Patwaris will be
appointed in place of Watandar Patwaris; but such
notification shall not be in respect of the ayacut under
irrigation when this Act comes into force unless its area is
two thousand acres or more or such ayacut is adjacent to

6. Now see the Code of Criminal Procedure, 1973 (Central Act 2 of

1974).
 22 [Act No.XXIV of 1357 F.]

another ayacut and the aggregate area of the two ayacuts is

two thousand acres or more.

Performance of 59. Until such time as an Irrigation Patwari appointed in

work until place of watandar patwari assumes charge of his post, the
Irrigation Patwari
existing Watandar Patwari or his agent may, if he agrees, do
assumes charge.
the work and shall be entitled to get remuneration at the rate
of scale in force before the issue of the notification.

Compensation for 60. When any Watandar Patwari hands over charge of his
watan rights. post to an Irrigation Patwari he shall be paid compensation
for watan rights in the manner, within the period, and to the
extent and in the kind prescribed but if any former Watandar
Patwari, is appointed as Irrigation Patwari the Government
may set off any pension or rusume sanctioned in
compensation for watan rights against the salary which is
payable to him as Irrigation Patwari.

Appointment of 61. (1) Subject to rules made under section 67, for areas
Irrigation Patwaris. notified under section 58, the Government shall appoint for
any village, or part of village, or more than one village an
Irrigation Patwari.

(2) Such Irrigation Patwaris shall be liable to be

transferred as Irrigation Patwaris to any other area within the
area to which this Act extends notified under section 58.

(3) All Irrigation Patwaris shall be deemed to be

Government servants within the meaning of clause (9) of
Central Act 45 of 1860. section 21 of the Indian Penal Code, 1860.

PART X.
MISCELLANEOUS.

Power of revision. 62. The Government may, for the purpose of satisfying
itself as to the legality and the regularity of any proceeding
[Act No.XXIV of 1357 F.] 23

of a Collector or an Irrigation officer, call for and examine the

relevant papers of the proceedings under this Act.

When on examining the papers of any case, the

Government considers that the order or decision of such
officer should be amended, it may amend or cancel such
order or decision or pass such other order as it may think fit.

63. Any officer authorised under this Act to conduct any Power to summon
enquiry may exercise all such powers connected with the witnesses and to
summoning of witnesses and recording their statements record their
statements.
and the production of documents as are conferred on Civil
Courts by the Code of Civil Procedure, 1908 and every such Central Act 5 of 1908.
enquiry shall be deemed a judicial proceeding.

64. Service of any notice under this Act shall be made in Manner of serving
accordance with the provisions of the Code of Civil notice.
Central Act 5 of 1908.
Procedure, 1908.

65. No Civil Court shall take cognizance of a suit filed in Civil Courts not to
respect of any matter to which this Act applies, except have jurisdiction.
where such provision in this behalf is made in this Act.
7
[66. [XXX]]

PART XI.
RULES.

67. (1) The Government may, after previous publication, Power to make
make rules to enforce this Act. rules.

(2) A rule may be general for all irrigation works or may

be special for one or more irrigation works as the
Government may direct.

7. Omitted by the Andhra Pradesh Adaptation of Laws Order, 1957.

24 [Act No.XXIV of 1357 F.]

(3) Without prejudice to the generality of the foregoing

power, rules may be made regarding the following matters:-

(a) the cases in which the officer to whom and the

conditions subject to which, order or decision given under
provisions of this Act and not expressly provided for as
regards appeal, shall be appealable;

(b) the person by whom, the time, place or manner at

or in which anything for the doing of which provision is
made in this Act shall be done;

(c) the amount of any charge to be made under this

Act;

(d) the manner in which and the officers by whom

complaints as to the inadequacy of means of crossing shall
be investigated under section 12;

(e) the manner in which water-courses shall be

excavated and maintained with or without taccavi loans; the
mode of advancing taccavi loans; for the aforesaid purpose
and the period of their recovery;

(f) the manner in which bunding operations for lands

irrigated by irrigation works shall be conducted by pattadars
or Government agency with or without taccavi loans and the
period of recovery of any loans which may be granted;

(g) the manner of the extension, or repairs of, or the

prevention of damage to kuntas under the control of a
Revenue officer may be undertaken without reference to the
Government;

(h) regulating the period of opening or closure of

channels, distributaries and sub-distributaries of irrigation
works;
[Act No.XXIV of 1357 F.] 25

8
[(i) [XXX]

(j) [XXX]]

(k) the procedure for determining compensation

payable under section 60 and appointing Irrigation Patwaris
under section 61 and fixing their salaries and other
emoluments;

(l) fixation of ayacut Tahbandi to supply water for the

purpose of Part III.
9
[(m) [XXX]]

***

8. Clauses (i) and (j) were omitted by Andhra Pradesh Adaptation of

Laws Order, 1957.
9. Clause (m) omitted by Andhra Pradesh Adaptation of Laws Order,
1957.