Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007
No: 8 Dated: May, 22 2007
Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007
(Act No. 8 of 2007)
An Act to provide measures for checking the encroachment, eviction of encroachment in tanks which are under the control and management of Public Works Department, protection of such tanks and for matters incidental thereto.
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty-eighth Year of the Republic of India as follows:-
1. Short title, extent and commencement. - (1) This Act may be called the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007.
(2) It extends to the whole of the State of Tamil Nadu.
(3) It shall come into force on such date as the Government may, by notification, appoint.
2. Definitions. - In this Act, unless the context otherwise requires, -
(a) "ayacut area" means area irrigated under any irrigation system within its command ability:
(b) "field channel" means a channel existing or to be constructed to receive and distribute water for irrigation;
(c) "field drainage" means a water course which discharges waste or surplus 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 surplus weir;
(f) "Government" means 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;
(l) "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 control and 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 supplying water from the tank;
(o) "water spread area" means an area covered by water spread at full tank level.
3. Power to direct survey of tanks. - The Government may direct that a survey- be made, with reference to the records available with the Revenue Department, of tanks in every district for the purpose of 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.
4. Appointment of Survey Officers. - (1) The Government or any other officer-authorized by it may, by order, appoint any officer not below the rank of Taluk Surveyor as Survey Officer for surveying the tanks within such local limits as may be specified in such order.
(2) The Survey Officer shall carry out the survey of tanks in such manner as may be prescribed.
(3) The Survey Officer shad be assisted by such officers of the Public Works Department having control over such tanks.
5. Power to enter upon. - The Survey Officer and officers assisting the Survey Officer shall have power to enter upon any land and to do all acts necessary for the survey of tanks.
6. Report of Survey Officer. - (1) The Survey Officer shall after the completion of the survey of tanks, prepare a chart and a register pointing out the boundaries of the tanks and such other informations necessary for the purpose of identifying the limits of tank.
(2) The chart and the register prepared under sub-section (1) shall be handed over to an Officer of the Public Works Department, having control over such tanks as may be specified by the Government.
(3) The officer referred to in sub-section (2), shall within one month from the date of handing over of the chart and register, publish a notice in such manner as may be prescribed pointing out the boundaries of the tank.