The Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007

Act 8 of 2007

Keyword(s):
Ayacut Area, Field Channel, Field Drainage, Foreshore Area, Full Tank Level,
Supply Channel, Surplus Course, Surplus Weir, Tank, Tak Bund, Tank Sluice

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 TAMIL NADU GOVERNMENT GAZETTE E X T R A U ~ ~ D I N A R Y 33

The following Act of :he Legislative Assembly received the assent of the Governor on the
22nd May 2007 and is hereby published for general information:-
ACT No. 8 OF 2007
A n A c t to provide measures for checking the encroachment, eviction o f encroachment
in tanks which are under the control and management o f Public Works Department,
protection o f such tanks a n d for matters incidental thereto.
BE it enactad by the Legislative Assembly of the State of Tamil Nadu in the Fifty-eighth
Year of the Republic of India as follows:-
1. (1) This Act may be called the Tamil Nada Protection of Tanks and Eviction of Short title,
Encroachment Act, 2007. extent and
comme~nce-
(2) It extends to the whole of the State of Tamil Nadu. rnent. I

(3) It shall come into force on such date as the Government may, by notification,
appoint.
Definitions.
2. In this Act, u ~ l e s sthe context otherwise requires,-
(a) 'ayacut area' means area irrigated under any irrigation system within its
commandability;
(b) 'field channel' means a channel existing or to be ccnstructed to receive and
distribute water for irrigation;
(c) 'field drainage' means a water course which discharges waste or s u r p l ~ s
water from the land;
(d)'foreshore area' means the land above full tank level and upstream of the
tank bund;
(e) 'full tank level' means the level of water in the tank when the water is stored
up to the crest of the s u r p l ~ swei;;
( f ) 'Government' rrleans the State Government;
(g) 'land' includes benefits to arise out of land and things attached to the earth
or permanently fastened to anything attached to the earth;
( h ) 'prescribed' means prescribed by rules;
(I) 'supply channel' means a channel, which receives water from a water source
and supply to the lower down tank:
(j) 'surplus course' means a channel which conveys the surplus spilling from
the tank to the next tank downstream or river nearby;
( k ) 'surplus weir' means a device to lead away the surplus water not required
to be stored in the tank safely to the river lower down or tank;
(I) 'tank' means a storage structure built in for harnessing water for use and
includes supply channel and its cross masonries, tank sluice, surplus weir, surplus
course and its cross masonries; field channel and its cross masonries besides the
drains and tank poramboke lands which are under the c o n t r ~and
l management of Public
Works Department;
(m)'tank bund' means a small fixed earth dam;
(n) 'tank sluice' means a vent way provided for the purpose of supply~ngwater
from the tank;
(o) 'water spread area' means an area c o v ~ r e dby water spread at full tank level.
3. The Government may direct that a survey be made, with reference to the records ~ o w e rto
direct survey
available with the Revenue Department, of tanks in every district for the purpose of
of tanks.
determining their limits in respect of area and that proper charts and registers be
prepared setting forth the channel and all boundaries and marks and all other matters
necessary for the purpose of identifying such limits.
 Appo~ntment 4 (1) The GOV~IIII~L~II~ n! .jny ot11t.1 o f f ~ r c.1\1tl1011?t'ti
~ by ~t ~\\.\y,hy o ~ d t .~\ o,~ o I I \ \
of Survey ,III~olll('c~1101 I ~ \ l t l w1110 1.11\1. 01 \ ,11(1hSLIIVOY~M ,IS :;LIIVOY OIII(.~JI hr~s 3 ~ ~ ! l i~t * I~, ~o I~I ~~ ' ~
~ i \ ~
Offlccrs ~ l l l l l lsuclr
l Ioc;1l IIIIIII!~
01') IIl4ly Ol! !,~)(!1;1110(l 111 ',Ill I1 01~11'1

(2) I he Survey 0fl1r.cr 1,tlall carry out ttira survey of I;inks 1r1 sucf~rrlanner as rrl;iy
be prescr~bed '
13) Thf: .,,rviy Offtcer shall be ass~stedby such officers of the Publlc Works
[~::f~aftrr~~:rit
tia,/~r~y
c,or~fr~,l<,JC;~ ,,IJ~.~I tanks
P r j u e t trj 5 Tt~c:Surre/ r,ff,r,r;c ic
:* r,%l;er., assist~rlgtr.e S u r ~ e 'Jff~cer
j snall hasre p w e r trJ
enter WJon enter upon an/ land and tr, f!r, all acts necessarl fr,r the survey of tanks

- (2, 7 3 5 .,:a* 2- '-5 152 3:~r presar?~--=I?- j d = - ~ ? :;r- I , s r a , te ra-=?;

over to an Officer of the Public, //arks Department havlng control over such tanks as may
be specified by the Government
(3) The officer referrcd to In sub-sect~on(2), shall wtth~none month from the date
of handlng over of the chart and register, publlsh a notrce In such manner as may be
prescribed pointing out the boundaries of the tank.
Eviction of 7. (1) If the officer specified in sub-section (2) of Section 6 is of opinion that any
encroach- person has encroached upor1 any land within the boundaries of the tank and that the
ment. encroacher should be evicted, the officer shall issue a notice in the nianner as may be
prescribed, calling upon the person concerned to remove the encroachment before a date
specified in the notice.
(2) Where, within the period specified in the notice under sub-section (I), the
encroacher has not removed the encroachment and has not vacated the land within the
boundaries of the tank, the officer referred to in sub-section (2) of section 6 shall remove
the encroachment and take possession of the land within the boundaries of the
tank encroached upon, by taking such police assistance as may be necessary.
Any police officer whose ielp is required for this purpose shall render necessary help to
that officer.

(3) Any crop or other product raised on the land within the boundaries of the
tank shall be liable to forfeiture and any building or other construction erected or anything
deposited thereon shall also, if not removed by the encroacher after a notice under
sub-section (I), be liable to forfeiture.

Offences and 8. Whoever,-

( b ) practices crop cultivation without any lawful authority,

(c) raises plantation crops without any lawful authority,

(4 damages the tank bund, tank sluices, surplus weirs and other built in
structures,

(e) obstructs the officers in carrying out their work under this Act,

(f) interferes with the flow in the supply chanriels feeding the tanks and
encroaches upon adjoining canal pcramboke lands,

( g ) interferes wltt~the flow in the field channels tzking off from tank sluices to
feed the ayacut area,

(h) damages distribution and control structures located in the field channels,
 - --- - *_ _
B*rniiid*.-
I _ - _ _ _
-
-
d
_

(0 damages and obstructs the flows in the field drainage systems,

6) lifts water from the tank through mechanical and electrical devices for
cultivation, without lawful authority,

Shall on conviction, be punished with imprisonment for a term which may extend
to three months or with fine of rupees five thousand or with both.

9. No suit, prosecution or other legal proceedings shall lie against any person for Protection of
anything which is in good faith done or intended to be done in pursuance of this Act or action taken
a rule or order made thereunder. in good faith.

10. If any difficulty arises in giving effect to the provisions of the Act, the Government
remove
may by order published in the Tamil Nadu Govemment Gazette, make such provisions, difficulties.
not inconsistent with the provisions of this Act, as appear to them to be necessary or
expedient for removing the difficulties:

Provided that no order shall be made after the expiry of a period of two years
from the date of commencement of this Act.

11. The provisions of this Act shall be in addition to and not in derogation of any Operation of
other laws
other law for the time being in force. not
affected.
12. The Government may, in the public interest, alienate any part of the tank poramboke Alienation of
land which is under the control of Public Works Deparment without interfering with storage
capacity and water quality.
P,"~~~boke
13. (1) The Govermnent may make rules for carrying out all or any of the purposes Power to
of this Act. make rules.

( 2 ) (a) All rules made under this Act. shall be published in the Tamil Nadu
Government Gazette and unless they are expressed to come into force on a particular
day, shall come into force on the day on which they are so published.

(b; All notifications issued under this Act shall be published in the
Tamil Nadu Govemment Gazette and unless they are expressed to come into force on
a particular day, shall come into force on the day on which they are so published.

(3) Every rule or order made or notification issued under this Act +all as soon as
possible, after it is made or issued, be placed on the Table of the Legislative Assembly,
and if, before the expiry of the session in which it is so placed or in the next session,
the Legislative Assembly makes any modification in any such rule, order or notification
or the Legislative Assembly decides that the rule, order or notification should not be made
or issued, the rule, order or notification shall thereafter have effect only in such modified
form or be of no effect, as the case may be, so however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that
rule, order or notification.

(By Order of the Governor)

S. DHEENADHAYALAN,
I
Secretary to Government-in-charge,
Law Department.

OF TAMIL. NADU.