Amendment status not verified — confirm the current text below against the official source.
011 the date specified in thc notice or on . i t \ \ : ... \ ''y subsequent date to which he may adjourn the inqu~\\. \ ; ': the Clolector shall hold such ~ ~ I C ~ ~ I I \ J ,, ,,I as he thinks fit, and after such jllq~i\,\, if any, shall pass a final order oonfirmi~\:;, cancellrng or modifying the prelimit~:\r\ order, and in the last case, shall cause to bc made sutbl\ modifications in the plans ar,d estimates as he n\ii\ f nd necessary: Provided that before modifying the prelim in;, I.! order to the disadvantage of any party who has II,,I appeared at the inquiry the Collector shall give ;\ reasonable opportunity to such party to appear : I I I ~ I show cause why the order should not be modifial \ I Provided ftrther that in cases falling under sub- clause (4 of clause (i) of section 6, the Collector shall specifjl in the final order the extent to which the landholder's liability devolves on the person or persons concerned under the law, local custom or contract and the proportions, if any, in which each of such persons, if more than one, shall bear , such liability. (2) The total cobt of carrying out such measures (includiig the charges on account of establishment and tools and plant at such percentages on the actual cost of the work done as the '[State Government] may from time to time prescribed) shall bo dividcd between the '[State Government] and the landholder or land- Iiolders and the other persons concerned, if any, in accordance with the following provisions :- (a) There shall first be determined the '[aggre- gate of(i) the total average area in the estate or estates concerned] on which, during the three faslis immedia- tely preceding the fasli in which the preliminary order was passed, the '[State Government] have levied water-cess for the use of water issuing-from the tank otherwise than through its surpluq works, whether at the rate prescribed for the irrigation of dry land with Periyar water or at the rate prescribed for the irrigation of wet land in whole inan~ and zamindari villages with -----__ 1 The words "Provincial ~ovcrn8ent'' were substituted for tllc words "Local Government" by thc Adapt? tion Order of 1937 and the word "State" was subst~tuted for "Prov~ncral" by the Adaptation Order of 1950. 8 These words, brackets and figure were substituted for the words "total average area" by section 2 (i) of the Periyar Irrigation Tanks (preservation) (Amendment) Act, 1942 (Madras Act XVI of 1942), re- erlacted permanenrly by sectlon 2 of, and the Flrst Schedule to the TamilNadu ReenactfngandRo~ealing(No. 1) Act, 1948 (Tamil &du Aot W of 1948). such water '[and (ii) the total average area of ryotwari wet lands, if any, held under,and of ryotwari wet and dry lands, if any, irrigated with permission from, such tank during the three faslis aforesaid J; (b) Each landholder concerned shall bear such proportion of the said total cost as one half of the average area of the lands in his estate on which during the said three faslis the atstate Government7 have levied water-cess for the use of water so issuing at the rate prescribed for the irrigation with Periyar water of wet lands in whole inam and zamindari villages, bears to 3[the aggregate area] as determined under clause (a) : (c) Thc "Stato Goverluncnt] shall bcar tl~c bnlancc of thc said total cost. Ilkatratio~~s. ( I ) A tank is wholly siluatcd in thc c5talc of a lanctlic~ldcr. Thcrc is no law, local custo~n or contracl excluding ~ h c liability of the landholder. The averagc itrca on which water-cess was levied during the three 1 This expression was added by section 2 (ii) of the Periyar Irrigation Tdnks (Preservation) (Amendment) Act, 1942 (Madras Act XVI of 1942), rc-enacted , permanently by section 2 of, and the First Schedule to, the Tan111 Nadu Re-enact ing and Repealing (No. I) Act, 1938 (Tamil Nadu Act VII of 1948).! 1 The words "Provincial Government" were substituted for tl~c words "Local Govcrnment" by the Adaptation Order of 1937 and the word "State" Has subst~trited for "Provrncial" by the Adaptation Ordcr of 1950. 3 These words were substitu,tcd for thc words "total avcrayc arca" by section 2 ( I I ~ ) of the Perrydc Irrigation Tanks (Presc;vation) (Anicndrlicnt) Act, 1942 (Madras Act XVI of 1942), re-enacted permanently by secti.on 2 of, and the First Schedule to, the Tamil Nadu Re-enacti ng and Repealing (No. I) Act, 1948 (Tamil NaOu p ct VII of 1948). faslis immediately preceding that in which the prelimi- nary order is passed consists of 50 acres on which water-cess was levied at the rate prescribed for the irrigation of dry lands and 30 acres on which water-cess was levied at the rate prescribed for the irrigation of wet lands in whole inam ana zamindari villages. The of 30 landholder should bear , La., 3/16 cf the total 3Q350 cost and the Government shoula bear the remsinder, namely, 13/16. (2) Tbe facts are the same as in Illustration (1). except that a contract is proved by which the ryots holding the wet lands are bound to bear a share of the cost in proportion to their holding. Twdntv acres of the wet lands are held by the ryotr and the rzn~aining ten by the landholder. The Government have to bear 13/16 of the tot31 cost as in Illu~tration (I), the ryots 2/16 and the landholder l / l u . (3) A tank is siiuated partly in th.: zrtate of land- holder A and partly in that of 1.1ndholder B. There is no law, local custom or contract excluding the liability of either landholder. The average area on \\rhicl~ water-cess W ~ L S levied during the three Clhl~s irnmedi~ttely preceding conjists of 50 aclm on which th: csjs w;ls levied at the rate prescribed for dry lanci.. 20 acres in the estate of Ii~ndholder A on which th: cc4s wa? levied .it the rate prescribed for ~ c t lands in \vhnlc inam clna zamindari vill:tgcc, and 10 acres in thc cstate of Iiindholder B on which thc ccss was levied :it the rate prescribed for * ; o f 2 0 such wet lands, Landholdar rl will bear 50+ 20+ 10 or 2/16 of thc: total cost. landholder B will 4 of 10 bear or 1/16' of the total cost and the 50+20+ 10 Government will bcnr the yemainder, namely, 13/16. 1934 : T. N. Act V] Perbar Ikrigattlbn Tanks 41 3 (Preservation) VA NOTE.-^^ Illustrations (1) to (4), it is assumed (a) that there are no ryotwari wet lands under the tank, and (b) that there are no ryotwari wet or dry lands irrigated with permission from the tank. (5) The facts are the same as in Illustration (I), but in addition 10 acres of ryotwari wet lands are held under the tank and 10 acres of ryotwari wet and dry lands are irrigated with permission from the tank. 4 of 30 3 In this case, the landholder should b e a r - or - 30+50+20 20 of thc total cost, and the Government should bear l a I,, i 17 the remainder, namely, - . 20 (6) The facts are the same as in Tllustration (5) except that a contract is proved by which the ryots holding wet lands under the landholder are bound to bear a share of the cost in proportion to their holding. Out of the 30 acres on which water-cess was levied at the rate prescribed for irrigation of wet lands in whole inam and zamindari villages, 20 acres are held 1This note and jllustrafions (5) to (8) were added by ..=, tion 2 (iv of tho Perlyar Irrl tlon Tanks (Preservation) (Amend- ment) Ao~. ] 942 (M8dns *ct &I of ,9421, re-eolcted permrnentiy by soction 2 of and tho' First Sohedula to, the Tamil Nadu Re- enacting .and kepcsllng (NO. I) Act, 1948 (Tamil Nadu Act VII of 1948). .,: 414 Periyar Irrigation Tanks . [I934 : T.N. Act O . sq (Preservation) + ? by the ryots and the remaining 10 acres-by the hnd- , I holder. The Government have to bear -- of the total 20 2 cost. as in Illustration (9, the ryots -and the land- . - 20 1 holder -. 20 (7) The facts are the same as in Illustration (3) but in addition 30 acres of ryotwari wet lands are held under the tank and 10 acres of ryotwari wet and dry lands are irrigated with permission from the tank. + of 20 2 Landholder A will bear or - ofthe 50+20+ 104-40 24 8 , 4 of 10 total cost. landholder B will bear 50+20+10+40 1 or - of the total cost, and the Government will bear 1 24 2 1 the remainder, namely,-. 24 (8) The facts are the same as in illustration (4). The extent of the lands in the estates of the several landholders is 400 acres and in addition 150 acres of ryotwari wet lands are held under the tank and and dry lands are irrigated 50 acres of ryotwari wet with permission from the tank. The several land- . . - - - 9 x 400 holders in the estates have to Pay----- or ) 400+200 in proportion to the areas lying . . - 0 - of the total cost I within their respeouve estates, on which water-ces< has been levied and .the Govenunent ' will have to bear the remainder, namely, #,I 1934 :T.l\t. Act v] 2eriyar Irrigation finks 41 6 1 I (Preser vatim) I I /