The Tamil Nadu Rivers Conservancy Act, 1884

Act 6 of 1884

Keyword(s):
Conservancy of Rivers, Specified River, Survey of Rivers, Conservators of
Rivers

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 188.2: T.N. Act V] ·Forest 2'17
1884 : T.N. Act VI] Rivers Oor,,servam,ey
The surplus (if any), if not ola.imed within two
months from the da.te of the sale by the person
entitled thereto, sha.ll be forfeited to Government .
1
. ~ 1..~·Whenedve! it ~ppdea.firs to thef h[Govemment] ~!;;:J~der
tw.t a.ny 1an 1s reqwre or any o t e purposes of this Act to
this Aot, suoh land sha.11 be deemed to be needed for be deemed
· · a. public purpose within the mooning of the Land for to be nee~ed
Central ...
Acqu1S1t1on Aot, l 87 O, sect'10n 411. · a public
· Act ofx purpose

(TAMIL NADU~ No. VI OF 1884 4 •

1870. 8 under the
Land Acqui,
[TR:m 8(TAMIL N RIVERS CONSERV.A.NOY sition Act.
AOT, 884.]
(Receive.a the assent of the Governor on the 31st March
1884, and of the Governor-General on the 28th August
1884.)
An Act.to provide for the Conservancy of
Rivers in the 5 (State of Tamil Na.du).
WHEREAS it is expedient to ma.ke provision for Preamble.
the conservancy of rivers in the 6 [Sta.t.e of Tamil
Nadu] ; It is hereby enacted as follows :-
1. This Act may be cited as the 3 (Ta.mil Na.du) Short title.
Rivers Conservancy Act, 1884.
1 The words "Provincial Government" were substituted for the
words " Governor in Council " by the Adaptation Order of 1937
and the word "Provincial'' was omitted by the Adaptation(Amend-
ment) Order ofl950.
2 See now the Land Acquisition Act, 1894 (Central Act I of
1894), s.6.
3 These words were substituted for the word " Madras " by tho
Tamil Nadu Adaptation of Laws Order, 1969, as amended by the
Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969, which came into force on the 14th January 1969.
'For Statement of Objects and Reasons, 8ee Fort St. George
Gautte Supplement, dated the 5th July 1881, p, 4; for Report of
the Select Committee, 8tsts ibid, dated tlie 4th December 1883, p. l;
for Prooeedings in Council, 8ets ibid, dated the 13th September
• 1881, p. 9; ibid, dated the 3rd July 1883, p. 26; and ibid, dated
the 25th March 1884, p. I.
Thie Act was extended to the merged State of Pudukkottai by
section 3 of, and the First Schedule to, the Tamil Na.du Merged
States (Laws) Act, 1949 (Tamil Na.du Act XXXV of 1949).
I This exprossion was substituted for the expression " Madras
-Presidency" by the Tamil Na.du Adaptation of Laws Order,
1170, which was deemed to have come into force on the 14th
l&"\QMy 1969.
e This expression wa.'I sub11tituted for tho expression "Presidency
of Madras" by ibid.
 Rivera Conservancy . l1884 : T.N. Aet'.V I

Notitice.tion 2. The 1[Sta.te Government] ma.y from time to

as to the time declare, by notification in the 2 [0fficial Gazette]
oonserva.ncy
of rivers as and in the Gazette of every district in which any pa.rt
provided by of the river is situated, that the conservancy of any
this Act. specified river requires to be provided for in manner
prescribed by this Act.

Power to 3. The 1[State Government] ma.y at the same

direct survey time direct that a survey be made of such river for
of rivers. 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
a.11 boundaries and land-marks a.nd all other matters
necessary for the purpose of ascertaining such limits.

Powers of
4. All persons authorized to make a survey under
surveying (feCtion 3 shall have the like powers to e?ter upon
officers to
enter upon land and to do all acts necessary for the survey as are
a.ndsurvey
lands. given in sections 4 and 5 of the Land Acquisition Central
.Act, 1870, 3 and subject to the provisos therein of:· fscio.x
contained.

Duties of
5. It shall be the duty of the surveyor appointed
11urveyor. to make a survey of any river to note upon the charts
thereof all cultivation existing or ordinarily can-ied
on, and all groynes, buildings, plantations, co~truc-
tions or 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 the
Survery- ordinary channel as it exists at the date of the survey
register.
so far as it can be ascertained.

1 The words "Provincial Government" were substituted for . .~i'

the words " Governor in Council " by the Adaptation Order of · ·
1937 and the word " State" was substituted for "Provincial" · .-.;_·
by the Adaptation Order of 1950. ,
I These words were substituted for the words " Forl SI. George )
Gazette" by the Adaptation Order of 1937.
8 'se, now the Land Acquisition Act, 1894 (C'.entral Act I of
1894),
 1884 : T.N. Act VI) Rivers Oonservancy 279

6. For the purpose of carrying out this Aot in Pow~r to

respect 'of any river, the 1 [State Government] ma.v cappomt t
" onserve. ors
•
appomt as many officers as ~y be deemed neoeesa.ry, of Rivers,
to be styled Conservators of Rivers, and may from an~ i~~ce.te
time to time define, by order to be notified in the ~~::0~ ·
I Gazettes of the districts in which any pa.rt of suoh
river is situated, the limits of their several jurisdic-
tions.
ll
• * * *
7. The cha.rte prepared a.s is provided in section 3, ~fin t·
sha.11, when completed, be exhibited for public infor- ~~ciO:t:'itn
mation at the kacharis of all districts in which any Act a.ppli-
part of the river so surveyed is situated, for a period !°ay :,~1:s
of not less than ninety days. Any person or persons be published,
who may desire to raise objections to the boundaries
or land-marks set forth in such charts shall be at
liberty, during BUch period, to forward a statement
in writing setting forth his or their objections to
the Collector of the district in whioh the boundaries
objected to are situated. At the expiry of such
period, the Collector shall forward the said charts,
with suoh statement of objections (if any) and his
remarks thereon, to the 1 [State Government] who
sh.a.11 then take the same into consideration, and
may order such alteration in the said charts, or pass
such other order thereon as to 8[them] may seem fit,
previous to final approval of the said charts. On
suoh final approval, the 1 [State Government]
may, by notification in the '[Official Gazette] and
in the Gazette of every district in which any part of
the river is situated, declare th.a.t the provisions of
this Act shall apply to the ea.id river within the
boundaries and limits prescribed in the ea.id charts.
1 The words " Provincial Government " were substituted for
• the words " Governor in Council " by the Ade.pte.tion Order of
1937 and the word "State " was substituted for "Provincial"
_by the Ade.ptation Order of 1950.
· 2 The words ••Such officers shall be liable to remove.I by
order of the Governor in Council " were omiUed by the Adapte.tion
Order of 1937.
· I This word was substituted for the word !•him" by ibid.
' ~hese words were substituted for the word• " l'orl 81. Gfftrf e
G11tll," by iWrl. · .
!8~ Rivers Conservancy [1884: T.N. Act vj
g.
diver-bed The land .within the limits so defined and-approved·
6
fined, by the l[State Government] 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.

Custody of 8. When the survey-register affecting any portion

aurvey- of a river is completed, it shall be handed over with
ngiaser. the charts to the Conservator of Rivers within whose
jurisdiction the said portion is situated and shall
form part of the records of his office. .

The Conservator shall thereupon furnish to the

Collectors of the districts in which a.ny part of such
river is situated certified copies of the survey-register
and charts.

uharts of 9. Copies of all charts and registers prepared as

rivers where provided in section 5, as finally approved, shall be
to be
deposited for deposited in the office of the Collector of the district
public in which any part of the river so defined is situated,
mspettion. and shall be open to the inspection of the public at
all reasonable times.
t
Power to 10. The 1 [State
Government] may from time to
alter limits time by notification in the 2 [Officia.l Gazette] and in
of rivers.
the Gazette of every district in which any pa.rt of the
river is situated, alter, extend or rostriot 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 :

Provided that no such a.Iteration shall be ma.de

until full particulars thereof shall have been publicly
b'bitedh
o y t e ~n[SdtaatnyGobjectionst]made
exhi.f,
e overnmen as provi thedredto£disposed
e or in the ,!:]::·
.. ,

said section.

1 The words "Provincial Government " were substituted for

the words "Governor in Council" by the Adaptation Order of 1937 . j_'
·and the word "State " was substituted for "Provincial " by the
Adaptation Order of 1950.
a These words were substituted for the words " Fore Se. Georgl
OaHlle" by the Adaptation Ordel" of 1937.
 1884: ;r.N.. Act,'VI] • .Rivera Conservancy 281
1[11. After such surveys have been completed Prohibition.
and approved and the notification as provided by
this Act ma.de by the 2[Sta.te] Government, land land in bed
0
~::t~:
~ulti-

within the limits of a river-bed as de.fined in section 7 °.f notified

which has not been cultivated for two years previous rivers.
to the da.te on which this Act is applied to the river,
shall not, without the previous permission of the
Conservator of Rivers in writing, be cultivated, and
it shall not be lawful without such permission to
cultivate within the limits of a. river-bed any new
formation of land.
Whoever commences or carries on, or attempts Penalty.
to carry on, any cultivation in contravention of this
section and of a. notice from the Conservator to desist,
shall be punishable with fine which ·ma.y extend to
five hundred rupees and, in default of payment of
fine, to simple imprisonment not exceeding three
months.
Explanation.-'Cultiva.tion' shall, for the purposes
of this Act, include the growing of plants which
require the ground to be ploughed once a year or at
shorter intervals and which a.re ordinarily removed
at the end of the sea.son but shall exclude 'plantation'
a.s explained in section 13.]
12. The Conservator of Rivers ma.y, with the Poh~~-! 0

previous sanction of the Collector of the district, ~~fti~~tion.

by an order in writing require any owner or occupier
of land usually cultivated, or cultivated with permis-
sion under section 11, within such river-bed, to
a.bsta.in from cultivating such land 3 (should it
a.ppea.r tha.t 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 a.et in obedience to
such order.
1 This section was substituted by section 2 of the Madras
Rivers Conservancy (Amendment) Act, 1942 (Madras Act XXI
of 1942) for section 11 as substituted for the original section 11
by section I of Madras Act II of 1885. Madras Act XXI of 1942
was permanently re-onacto<l by section 2 of, a.n<l the First Schedule
to, the Tamil Naclu Re-onooting n.nd Repealing (No. I) Act, 1948
·t . (Tamil Nadu Act VII of 1948).
I This word WBS 1mbRtituted for tho worcl " Provinoial"
\J tbe Adaptation Order, 1950.
'These word11 were inserted-bys. 2 of Madr&11 Aot II of 1885.
282 Rivera 0Mservancy [1884 : T-N. Act VI
Penalty. 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 rupees five hundred, or, in default of
payment, to simple imprisonment not exceeding
three months for every such offence.

Construc- 13. (1) Upon a survey being completed and the

tions, notification made as provided by this Act, any person
plantations,
etc., within jntending to make or remu; :e or extend any groyne,
river-bed building or construction of any 1rind, or plantation,
without grasses or trees, within such river-bed 1[including
permission
prohibited, any new formation of land therein] shall, one month
before beginning so to make, remove or extend, make
an application in writing to the Conservator of Rivers
for licence to make or remove or extend such groyne,
building, construction, plantation, grasses or trees.
2[Explanation.-' Plantation' shall, for the pur-
poses of this Act, include the growing of plants,
shrubs or trees which do not ordinarily require the
ground to be ploughed or cultivated every year and
which are generally propagated by the planting of
cuttings, sets, seedlings or shoots such as nana.l,
alchi, tilla, betel, sugarcane, plantain, bamboo and
the like.]

(2) The Conservator of Rivers shall, within one

month after receiving such applioa.tion, 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.
1 These words were inserted by e. 3 of the
Madras Rivers Conser-
vancy (Amendment) Act, 1942 (Madras Act XXI of 1942), re-
enacted permanently by e. 2 of, and the First Schedule to, the
Tamil Nadu Re-enacting and Repealing (No. I) Aot, 1948 (Tamil
Nadu Aot VII of 1948).
II This Explanation was added by ibid.
1884: T·N, Act VI] :Rivers Oonservancy 283
. (4:) An appeal from any order passed 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 sixty days from the date of the receipt
of such order.
(5) The appeal shall be in writing and shall
set forth conoisely the grounds of objection to the
decision of the Conservator of Rivers, and shall be
heard and disposed of by the Collector of the distriot.
(6)Whoever does any act 1[in contravention of Penalty,
this section] shall be liable on conviction before a
Magistrate to a fine not e;x:ceeding rupees one thousand
or, in default of payment, to simple imprisonment
for a period not exceeding si:X! months for every such
offence.
14. The Conservator of Rivers may, with the p e t 0
previous sanction of the Collector of the district, di:'c:
by an order in writing, require the owner or occupier removal o_f
of any 1and WI'thin any sueh river- • bed t o remove plantations
oonstruct1ona,etr
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 to 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 2 [Board of Revenue] within si::x:ty 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 2 [Board
of Revenue].
1 These words were substituted for the words •• prohibited by
the eeotion" by section 3 of the Madras Rivers Conservancy (Amend,
ment) Act, 1942 (Madras Act XXI of 1942), re-enaot.ed permanently
by section 2 of, and the First Schedule to, the Tamil Nadu Re-
en.acting and Repoaling (No. I) Act, 1948 (Tamil Nadu Act VII
of 1948),
2 These words were substituted for the words • • Governor in
Council" by section 2 of the Madras Rivers Conservancy (Amend-
ment Act, 1936 (Madras Act XXII of 1936), ·
 284 Rivers Conservancy (1884 : T.N. Act V
Notice of every a.ppea.l under this section, together ,,
with a. copy of the petition of appeal, shall be sent
by the a.ppella.nt to the Conservator of Rivers at the
time the appeal is sent to the Collector.

Penalty, Whoever fails to comply with any order issued

by the Conservator of Rivers under this section
sha.ll be liable, on conviction before a. Ma.gistra.te,
to a fine not exceeding rupees one thousand, or, in
default of payment, to simple imprisonment for a
period not e;x:oeeding sm: months for every such
offence.

Partioulars 15. The writings prescribed in sections 11 and 13,

to beset. clause (2), sha.ll define and describe the kind a.nd
for 1 e;x:tent of the oultiva.tion and the nature of the works
permits, e.nd
oopies to be or things authorized to be made or done, a.nd it sha.ll
furnished to be the duty of tlie Conservator of Rivers from time
Colleotol'. to time to record or ea.use to be recorded the pa.rti-
oula.rs contained in such writings in the survey-
register, a.nd 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 a.11 orders
m.a;de by him under sections 12 o.nd 14.

Compensa-
1[16. Whenever, under sections 11, 12, 13 or 14,
tion to the Conservator of Rivers refuses the owner or occupier
owner or
oocupier of of any land permission to pla.nt, cultivate or build
land within on any land, or requires him to remove a.ny groynes,
river-bed for buildings, constructions, plantations, grasses, trees
constructions
removed. or other obstructions or works e~isting 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.]

1 The aection wu 11Ub1tituted fo» the original section 16 b,Y

Madras Act II ol 188~, l!eotion 3.
 1884 : T.N. Act VI] River8 Conservancy 285

17. 1 [The Conservator of Rivers m.ay do or mayPowerto

oause to be done in oonnerion with the conservancy Conservators
of any river to which this Act has been applied, any to !~s:~
act which appears to him to be necessary to prevent prevent
erosion, breach of embankments or the flooding over ~ger to
. 1i.e or
them, encroachments by the stream or danger to hfe property.
or property and for such purpose he may, notwith-
standing that his acts may involve interference with
private rights of property, enter upon any public
or private land whether within or outside the river-bed
and may dig and use earth from such land, 2 (con-
struct works, or plant and grow reeds, grass or shrubs
thereon or out and remove therefrom such reeds,
grass or shrubs) or alter the course of any stream:]
Provided that compensation shall be made to any (:ompensa-
person who shall sustain any damage by reason of :on for
any act authorized by this section. s:!~~d by
such acts.·
The Conservator shall furnish the Collector of the
district with a report of every act done by him under
this section.

18. All or any of the powers conferred upon the Delegation

Conservator of Rivers by the preceding seotion of:;,wer:_
may be e:mrcised by such of his subordinates as may be c~ns:i::at~:
nominated by him : o~ Rivers to
his subordi-
Provided such nomination . be not1"fied m. t he Gazettes nates.
of the district in which any part of the river is situated.

19. Any person who obstructs the Conservator of Pinalty for

Oo tr 1 Rivers in doing any act authorized by this Act shall be g0 ~~1!~!!!n
.Ao!.;LV deemed to have committed the offence described in •
of 1860. section 186 of the Indian Penal Code.

1 This paragraph was substituted for the original paragraph by

section 4 of the Madras Rivers Conservancy (Amendment) Act,
1942 (Madras Act XXI of 1942), which was permanently
re-enacted by section 2 of, and the Firat Schedule to, the Tamil
Nadu Re-enacting and Repealing (No. I) Act, 1948 (Tamil Nadu
Act VII of 1948).
2 These words were substituted for the words '' construct work•
thereon " by section 2 of the Madras Rivers Conservancy (Amend-
ment) Act, 1949 (Madraa Act XXXI of 1949),
286 Rivers Conservancy [1884 : T.N. Act VI
Conservators 20. Conservators of Rivers under this Aot shall be
to be deemed deemed a.nd ta.ken to be officers in oha.rge of rivers
officers in
charge of within the meaning of Aot I of 1858 (An Act to make C
rivers under lawful compulsory labour for the prevention of mischief f
Central Act
I of 1858. by inundation, etc.).
Power to 21. Whenever the Conservator of Rivers, in a.ccord-
Conservator a.nce with the provisions of this Aot, requires the
to cause
removal of owner .or occupier of any la.nd to do a.ny a.et or to
obstruction, remove a.ny obstruction, a.nd such owner or occupier
etc., in case fails to do wha.t he is required to do within a reasonable
of default.
specified time, such Conservator may ea.use such a.et
to be done or obstruction to be removed a.nd oha.rge
the expense of such a.et or removal to such owner or
occupier.
Recovery of The expense so incurred by the Conservator of
expenses of Rivers shall be certified by him to the Collector of
such the district, who shall recover the sa.me from such ·
removal.
owner or occupier in the manner provided by law
for the recovery of arrears ofla.nd-revenue.
Power to 22. The 1 [Sta.te Governm~nt] ma.y from time to
make rules. time make, and when ma.de, alter, add to a.nd repeal,
rules not inconsistent with this Act for the prevention
of a,ny injury to works constructed upon a.11 rivers or
upon any river to which this Act may be applied,
and for the prevention of acts or omissions likely to
affect injuriously the conservancy of such rivers or
river:
Provided that no penalty for any one infringement
of any such rules shall exceed rupees fifty. ·
All rules made under this section shall be published
in three successive issues of the 2 [0:fficia.l Gazette]
and of the .Gazettes of every district in the S(State]
in which a.ny pa.rt of the river is situated to which
such rules rela.te, and shall not come into operation
until one month after such publioa.tion.
l The words " Provincial Government " were substituted for
the words '' Governor in Council " by the Adaptation Order of
1937 and the word " State" was substituted for" Provincial"
by the Adaptation Order of 1950.
2 These words were substituted £or the words '' Fort SI. George
Gazette'' by the Adaptation Order of 1937.
a This word was substituted for the word " Presidency " by
the Tamil Nadu Adaptation of Laws Order, 1970, which wu
deemed to have come into force on the 14th January 1969,
 1884 : T.N. Act -VI] Rivers Oonservar,,cy 281

23. All Conservators :of Rivers, sunreyors, and Oonserva-

subordinates duly a.uthorized under section 18 oftorb, etc., .
.· tral
~~~v this Act shall be deemed to be public servants within !~rv:ii~~ho .
· the meaning of the Indian Pena.I Code.
24. All fines imposed by this Act may be recovered Fines to be
in the manner provided in the Code of Criminal recovered
under the
P rocedure1 . Code of
Criminal
Procedure.

25. No suit shall be brought against any Conser- Period of

vator, surveyor or subordinate, or any person acting limita~ion
under his direction, for a.nything done or intended for:iui:S
to be done under this Act until after the expiration of ~::-Va-
three months next after notice in writing shall have tors, etc.
been delivered or left at the office of such Conservator,
surveyor, subordinate or person, or at his place of
a.bode, explicitly stating the cause of action and
the name and place of a.bode of the intended plaintiff
and of his agent in the cause, if any, and upon the
trial of such suit the plaintiff shall not be permitted No evidence
to go into evidence of any cause of action except of ~ause of
such as is stated in the notice so delivered, and unless :~:;i of
such notice be proved, the Court shall find for the ~hat s~ted
defendant ; and every such suit shall be commenced m notice.
within six months next after the ~ccrual of the cause
of action.
If any person to whom any such notice of suit is T d f
given shall, before suit brought, tender sufficient a:eni~
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.
It shall be lawful for the defendant, before issue Payment
joined by leave of the Court in which any suit is into Court.
pending, to pay into Court such sum of money as he
shall think fit, and thereupon such proceedings
shall be had a.s in other oases where defenda.nts· are
allowed to pay money into Court.
26. Nothing contained in this Act shall be deemed Easement,
to affect the provisions of the Indian Easements Act not
Act (Act V of 1882). affected,

1 S.. now Cen~ral Ao~ 2 of 1974.