River Conservancy Act, 1884 Complete Act - Bare Act

Passed by the Governor of Fort. St. George in Council

(Received the assent of the Governor on the 31st March and of the Governor-General on the 28th August 1884)

An act to provide for the Conservancy of Rivers on the Madras Presidency.

Where as it is expedient to make provision for the conservancy of Rivers in the presidency of Madras; It is hereby enacted as follows:-

This act may be cited as "The Madras Conservancy Act1884".

The Governor in Council may from time to time declare by Notification in the Fort. St. George Gazette and in the Gazette of every District in which any part of the river is situated, that the conservancy of any specified river requires to be provided for in manner prescribed by this Act.

The Governor in Council may from time to time direct that a survey be made of such river for the purpose of determining the limits within which this Act is to be applied and that proper charts and registers be prepared, setting forth the channel and all boundaries and land marks and all other matters necessary for the purpose of as certaining such limits.

All persons authorized to make a survey under section 3 shall have the like powers to enter upon land and to do all acts necessary for the survey as are given in sections 4 and 5 of the Land Acquisition Act 1870, and subject to the provisos therein contained.

It shall be the duty of the surveyor appointed to make a survey of any river to note upon the charts there of all cultivation existing of ordinarily carried on, and all groynes buildings, plantations, constructions of obstructions within the surveyed limits of the said river, and to

Prepare a register to be styled the Survey Register, containing the above particulars. The Surveyor shall also mark upon the charts of the ordinary channel as it exists at the date of the survey so far as it can be ascertained

For the purpose of carrying out this Act in respect of any river, the Governor in Council may appoint as many officers as may be deemed necessary, to be styled conservators of Rivers, and may from time to time define, by order to be notified in the Gazettes of the district in which any part of such river is situated the limits of their several jurisdictions.

Such officers shall be liable to removal by order of the Governor in council.

The charts prepared, as is provided in section 3, shall, when completed, be exhibited for public information at the cut cherries of all districts in which any part of the river so surveyed is situated, for a period of not less than ninety days. Any person of persons who may desire to raise objections to the boundaries or land- marks set forth in such charts shall be at liberty, during such period, to forward a statement in writing setting forth his or their objections to the Collector of the District in which the boundaries objected to are situated. At the expiry of such period, the Collector shall forward the said charts, with such statement of objections (if any) and his remarks thereon, to the Governor in council, who shall then take the same into consideration, and may order such alteration in the said charts, or pass such order thereon as to him may seem fit, previous to final approval of the said charts. On such final approval, the Governor in council may by notification in the Fort. St. George Gazette and in the Gazette of every district in which any part of the river is situated, declare that the provisions of this Act shall apply to the said river within the boundaries and limits prescribed in the said charts.

The land within the limits so defined and approved by the Governor in Council shall be deemed to be the river-bed, and the limits shall, when necessary, be defined by boundary stones or other suitable marks to be set up.

When the Survey Register affecting any portion of a river is completed, it shall be handed over with the charts to the conservation of Rivers within whose jurisdiction the said portion is situated, and shall form part of the records of his office.

The conservator shall there upon furnish to the Collectors of the Districts in which any part of such river is situated certified copies of the Survey Register and charts.

Copies of all charts and Registers prepared as provided in Section 5, finally approved, shall be deposited in the office of the Collector of the district in which any part of the river so defined is situated,

and shall be open to the inspection of the public at all reasonable times.

The Governor in Council may, from time to time, by notification in the fort. St. George Gazette and in the Gazette of every district in which any part of the river is situated, alter, extend, or restrict the limits of any such river-bed, and the altered limits shall be marked in the charts and defined in manner, prescribed in Section-7.

After such surveys shall have been completed and approved and the notification as provided by this Act made by the Governor in Council, land within the limits of a river bed, as defined in Section -7, which has not been cultivated for two years previous to the date on which the previous permission of the Conservator in writing be planted, cultivated or built upon, within the limit of a river bed, any new formation of land.

Whoever commences or carries on or attempts to carry, on any plantation, cultivation or construction in contravention of this section, and of a notice from the Conservator to magistrate, be liable to a fine not exceeding three months for every such offence.

The Conservator of Rivers may, with the previous sanction of the Collector of the district, by an order in writing, require any owner or occupier of land usually cultivated or cultivated with permission under section "II, within such river-bed, to abstain from cultivations. Such land should, it appear, that such cultivation will tend to obstruct or divert the course of the river; and it shall be the duty of such owner or occupier to act in obedience to such order.

Whoever fails to comply with any order made by the Conservator of Rivers under this section shall, on conviction before a Magistrate, be liable to a fine not exceeding Rs.5000/-, or in default of payment , to simple imprisonment not exceeding three months for every such offence.

Upon a survey being completed and the notification made as provided by this act any person intending to make or remove or extend any groyne building or construction of any kind, or plantation, grasses or trees, within such river-bed shall one month before beginning so to make, remove or extend, make an application in writing to the Conservator of Rivers for license make or remove or extend such groyne, building, construction, plantation, grasses or trees.

2) The Conservator of Rivers shall, within one month after receiving such application, pass such orders in writing thereon as he may deem fit.

3) If the Conservator of Rivers does not pass orders in writing within one month after receiving such application, the applicant may proceed to make, remove or extend such groyne building, construction, plantation, grasses or trees in compliance with the terms of such application.

4) An appeal from any order passes by the Conservator of Rivers under clause 2 of this section shall lie to the Collector of the district, if the same be preferred within 60 days from the date of the receipt of such order.

5) The appeal shall be in writing and shall set forth concisely the grounds of objection to the decision of the Conservator of Rivers, and shall be heard and disposed of by the Collector of the district.

Whoever does any act prohibited by this section shall be liable on conviction before a Magistrate to a fine not exceeding Rs.1000/-, or, in default of period not exceeding six months for every such offence.

The Conservator of Rivers may, with the previous sanction of the Collector of the district, by an order in writing, require the owner of occupier of any land within any such river-bed to remove any groynes, buildings, constructions, plantations grasses trees, or other thing upon such land which the said Conservator may deem to be an obstruction to the course of the stream of such river; and it shall be the duty of such owner or occupier act in compliance with such order within a time to be mentioned in such order.

Provided that in the case of the removal of any building being so ordered, it shall be open to the owner or other person in charge thereof to appeal, through the Collector of the district, against such order to the Governor in Council within sixty days from the date of the receipt of such order, and in such case the order shall remain in abeyance until such appeal shall have been decided by the Governor in Council.

Notice of every appeal under this section, together with a. copy of the petition of appeal, shall be sent by the appellant to the Conservator of Rivers at the time the appeal is sent to the Collector.

Whoever fails to comply with any order issued by the Conservator of Rivers under this section shall be liable on convection before a Magistrate to fine not exceeding Rs.1000/-, or in default of payment, to simple imprisonment for a period not exceeding six months for every such offence.

The writings prescribed in section II and 13, clause 2, shall define and describe the kind and extent of the cultivation and the nature of the works or things authorized to be made or done, audit shall be the duty of the Conservator of Rivers from time to time to record to cause to be recorded the particulars contained in such writings in the survey Register, and in the certified copies thereof in the possession of the Collector.

The Conservator of Rivers shall also furnish the Collector of the district with copies of all orders made by him under sections 12 and 14.

Whenever under section 11,12,13 or 14 the Conservator of Rivers refuses the owner or occupier of any land permission to plant, cultivate or build on any land or requires him to remove any groynes, buildings, constructions, plantations, grasses, trees or other obstructions or works existing at the time of the survey, or subsequently authorized by the Conservator of Rivers, such owner or occupier shall be entitled to compensation for any damages sustained by him by reason of such requirement or refusal of permission.

The Conservator of Rivers may do any acts in connection with any river to which this Act has been applied which may appear to him to be necessary to prevent erosion or breach of embankments,, encroachments , by the stream or danger to life or property, and for such purpose he may alter the course of any such stream. Provided that compensation shall be made to any person who shall sustain any damage by reason any act authorized by this section. The Conservator shall furnish the Collector of the district with a report of every act done by him under this section.

All or any of the Powers Conferred upon the Conservator of Rivers by the preceding section may be exercised by such of his subordinates as may be nominated by him provided such nomination be notified in the Gazettes of the district in which any part of the river is situated.

Any person who obstructs the Conservator of Rivers in doing any act authorized by this Act shall be deemed to have committed the offence described in section 186 of the Indian penal Code.

Conservators of Rivers under this Act shall be deemed and taken to be officers in charge of rivers with; in the meaning of Act -1 of 1858 (An Act to make lawful compulsory labour for the prevention of mischief by inundation. etc.)

Whenever the Conservator of Rives, in accordance with the provisions of this Act, requires the owner or occupier of any land to do any act or occupier fails to do what he is required to do within a reasonable specified time, such Conservator may cause such act to be done or obstruction to be removed and charge the expense of such act or removal to such owner or occupier.

The expense so incurred by the Conservator of Rivers shall be certified by him to the Collector of the district, who shall recover the same from such owner or occupier in the manner provided by law for the recovery of arrears of land revenue.

The Governor in Council may from time to time make and when made alter, add to, and repeal rules not inconsistent with this act for the prevention of any injury to works constructed upon all rivers or upon any river to which this Act may be applied, and for the prevention of acts or omissions likely to effect injuriously the conservancy of such rivers or river, provided that no penalty for any one infringement of any such rules shall exceed Rs.50/-.

All rules made under this section shall be published in three successive issues of the Fort St. George Gazette and of the Gazettes of every district in the Presidency in which any part of the river is situated for which such rules relate and shall not come into operation until one month after such publication.

All conservators of Rivers, Surveyors and subordinates duly authorized under section 18 of this act shall be deemed to be public servants within the meaning of the India Penal Code.

All fines imposed by this Act ma be recovered in the manner provided in the Code of Criminal Procedure.

No suit shall be bought against any Conservator, Surveyor or subordinate, or any person acting under his direction for anything done or intended to be done under this Act until after the expiration of three months next after notice in writing shall have been delivered or left at the office of such Conservator.

Surveyor subordinate or person, or at the place of abode, explicitly stating the cause of action and the name and place of abode of the intended plaintiff and of his agent in the cause, if any, and upon the trial of any such suit the plaintiff shall not be permitted to go into evidence of any cause of action except and unless such notice be proved, the Court shall find for the defendant; and every such suit shall be commenced within six months next after the accrual of the cause of action.

If any person to whom any such notice of suit is give shall before suit brought, tender sufficient amends to the plaintiff, such plaintiff shall not recover more than the amount so tendered and shall pay all costs incurred by the defendant after such tender.

If shall be lawful for the defendant, before issue joined, by leave of the Court in which any such suit is pending, to pay into Court such sum of money as he shale think fit, and there upon such proceedings shall be had as in other cases where defendants are allowed to pay money into Court.

Nothing contained in this Act shall be deemed to affect to provisions of the Indian Easements Act (Act V of 1882)

G.O.No. 184, 21 st September, 1942.

Acts- the Madras River Conservancy (Amendment) Act 1942- Publication ordered as Madras (Act XXI of 1942)

***

Order No. 184, Legal dated. 21st September, 1942.

The Madras Rivers Conservancy (Amendment) Act 1942, will be published in the Fort St. George Gazette in English and in the Tamil, Telugu, Malayalam, Kannada and Hindustani Languages as Madras Act. XXI of 1942.

(BY ORDER OF HIS EXCELLENCY THE GOVERNOR)

To

The Superintendent, Government press.

The Senior Translator to Government

The Education and Public Health Department.

The Public Works Department.

The Secretary, Madras Legislature.

The Private Secretary to His Excellency the Governor.

APPENDIX

The following Act received the assent of his Excellency the Governor on the 14^th September 1842 is hereby published for general information.

Act No.XXI o 1942.

An Act further to amend the Madras Rivers Conservancy act, 1884.

Where as it is expedient further to amend the Madras Rivers Conservancy Act 1884, for the purpose herein after appearing.

And whereas the Governor of Madras has, by proclamation under section 93 of the Government of India Act, 1935, assumed to himself all powers vested by or under the said act in the provincial legislature:

Now, therefore, in exercise of the powers so assumed to himself Governor is pleased to enact as follows:

1) This Act may be called the Madras River Conservancy (Amendment) Act, 1942.

2) For Section II of the Madras Rivers Conservancy act 1884 (herein after referred to the said Act) the following section shall be substituted namely)

ii) After such surveys have been completed and approved and the notification as provided by this act made by the provincial Government land within the limits on river bed as defined in section 7 which has not been cultivated for two years previous to the date on which this Act applied to the river shall not, with the previous permission of the conserve of Rivers in writing, be cultivated, it shall not be lawful without such mission to cultivate within the limits a river bed any new formation of land.

Whoever commences or carries on, attempts to carry on, any cultivation contravention of this section and of notice from the Conservator to do shall be punishable with fine which extend to five hundred rupees and default of payment of fine to imprisonment not exceeding three month.

Explanation: "Cultivation" shall for the purpose of this Act on the growing of plants which require the ground to be ploughed once and or at shorter intervals and which are ordinarily removed at the end of season but shall exclude "Plantation" as explained in Section -13".

3. In Section 13 of the said Act.

a) In Sub-Section (1) after the words Amendment of Section "within" a "river- bed" the words 13, Madras VI Act including any new formation of 1884 therein shall be inserted.

b) At the end of Sub- Section (1) following explanation shall be added namely.

"Explanation: Plantation shall for the purposes of this Act, including the growing of plants, shrubs or trees which do not ordinarily require to ground to be ploughed or cultivated every year and which are generally propagated by the planting of cuttings, sects, seedlings or shoots such nanal alchi, tilla, betal, sugarcane, plantain, bamboo and the like"

c) In Sub-Section (6) for the words "Prohibited by this section" words in Contravention of this section shall be substituted.

4. For the first paragraph of section 17 amendment of the said Act, following paragraph shall be substituted, namely

Of section 17 Madras Act VI of 1884

The Conservator of Rivers may do or may cause to be done in connected with the conservancy of any river to which this Act has been applied, act which appears to him to be necessary to prevent erosion, breach, embankments or the flooding over the encroachment by the stream or damage to life or property and for such purpose he may, not withstanding that act may involve interference with private rights of property, enter any public or private land whether within or outside the river-bed and dig and use earth from such land, construct works thereon or after course of any stream".

LEGAL DEPARTMENT

NOTIFICATION

The following statement of the reasons which have moved his Excellency the Governor to enact the Madras Rivers conservancy (Amendment) 1942, in exercise of the powers of the provincial Legislature assumed him under the proclamation issued under section 93 of the Government India Act 1933, is published for general information.

STATEMENT

1) Section II and 13 of the Madras Rivers Conservancy Act 1884, both apply to plantation and construction of buildings on river-bed. The penalty laid down by the two sections for unauthorized plantations or permission for such plantation or construction are different. As it is obtain found difficulty to decide which of the two sections should be applied these sections so that plantation and constrictions on river " bed may be governed entirely by section 13. Section 2 and 3 of the amending Act give effect to this object.

2) Section 17 of the main Act empowers the Conservator of Rivers to do, in Connection with the conservancy of any river to which the Act has been applied, any act which appears to him to be necessary to prevent erosion, breach of embankments etc., Courts have taken the view that by doing such acts the Conservator cannot enter any private land adjoining the river. It is considered necessary to amend Section 17 so as to empower the conservator in any emergency to enter upon an adjoining public or private land and take earth or do any other act necessary for repairing erosion or other damage to embankments. Section 4 of the amending Act carries out this object.

3) A bill for making these amendments was published for criticism but no objection or suggestion was received. His Excellency the Governor has therefore enacted the Madras Rivers Conservancy (Amendment Act 1942)