Keyword(s):
Mischief by Inundation, Enforcement of Customary Labour, Common Good,
Prevent Breaches of the embankment of Tanks, Rivers and Canals
An Act to make lawful compulsory labour
for the prevention of mischief by inundation,
and to provide for the enforcement of custo-
mary labour on csrtain wolks of irrigation in
the 3[Sta;te of Tamil Nadu].
WHEREASthe safety of person and property is
endangered by inundations caused by sudden breaches
of the embankment^ of tanks, rivers and callltls,
and of anicuts and other like works ;and it is
necessary for the common good to make it obligatory
on persons, ‘[ ] when duly called upon,
to unite their labour to prevent such breaches, or
Preamble.
—
1 The short t~tle,” The Madras Compulstry Labour Ao6,
1858 “was given by tho Repoalillg ancl Amending Act, 1901
(Central Act XI of 1901).
This Act was declared by the Laws Local Extollt Act, 1874
(Central Act XV of 1874). seeti011 4 and the Sooo~ld Schedule,
to be inforce in tho whole of the State of Tamil Nadu except tho
territories mentioned im the Sixth Schedule to that Act.
This Act was extcm(lod to the rnergctl Stuto of l’u,lliliottaiby sootio~l3 of, ad Firrt 8chotinlo to, tllc ‘l’c~mti Natlu Merged States (Laws) Act, 1949 (Tamil Nadu Aot XXXV of 1040) This Act was extended to the Ka1~yakurnel.i diatrict and tho Shencottah tnlulr Of’ the Tirunelveli district by section 3 of, and the First Sohedule to, the Tamil Ntldu (Trunsferred Territory) Exten. sion of Laws Act, 1960 (Tamil Nadu Act 23 of InBO), which came into force on the 1stApril 1961, repealing the oorrespondig
law in that territory.
a These words were substituted for the word “Nndrtts” by
the T~milNadu Adaptation of Lawa Order, 1969, as amended by
the Tdmil Nadu Adaptation of Laws (Second Amendment) Order,
1969, which came into force on the 14th January 1969.
3 This expression was substituted for the esplesion‘ PIO,~
dency of Fort St. Goorgo ” by the T’trnll Nadu Adaptation o-
Laws Order, 1970, which was deemed to have como into force on .
the 14th aanunry 1969.
The words ” of the labouring claeses ” worn omitted by the
Adaptation (Amendment) Order of 1960.1858 :Cen.Act l] Compulsory Labour
106
to repair them instantly ;and whereas it is expedient
to make legal provision for the enforcement of the
duty, which by local custom is incumbent on village-
mmmunities, tofurnish the labour required for the
exeoution of certain works for the purpose of irri-
gation wd drainage ; It is enacted as follows :-
8
~
~
~
,
- Whenever it shall appear to the officer in ‘[Adult able-
sg
‘
charge of any tank, river or cacal, or of any ani-out or other like work, that there is imminent danger in ce*,in -,, v ~ ~ ~ ~ of the embankment of such tank, river or canal being be celled upqn breached. or of a breach being made in such aniout ~m or other work, and of a destructive inundation being repairing mused thereby, which may be prevented by a large;~~menf8~
body of 2 [persons] immediately working together to md ,icuts,
strengthen the embankment or other work, or when
such breach has occurred, if it shall :Ippear to such
officer that it can be repaired, and the inundation
caused by it be stopped, by the immediate employ-
ment of fir large body of [persons] for that purpose,
‘it shall be lawful for such officer to require the head
or heads of the village or villages ill the vicinify to
call upon [all adult able bodied male persons of an
apparent age of not less than eighteen years and not
more than forty-five years in such village] or villages
to oo-operate in the work necessary for preventing or
repairing the breach, as the case may be.
In the absence of the said officer, it shall be law-
ful for the Tahsildar of the taluk to make such
requisition in his stead.
And if neither the said officer nor the Tahsildar is
on the spot, and tho emergency is great and urgent,
it shall be lawful for the head of the village in which
the breaoh is expected to occur or has occurred, of
1 Theae words were substituted for tho words “Able-bodiod
male persons” by the Tamil Nedu -Comnpulsory Labour (Amend.
ment) Act, 1964 (Tamil Nadu Act 19 of 1964).
z This word wes substituted for the word ”labourers “by the
Adaptation (Amendment) Order of 1930.
8 These words were substit:ted for the words all able-bodied
male person# in such village by the Tamil Nadu Compulsory
Lebour (Amendment)Act, 1964 (Tamil Nadu Act 19 of lV64).Punishment for
refuging or
neglecting to
comply with
such call.
mte of re-
muneration.
106
Mode of pay-
ment.
Computsory Labour. [I858 :Cen.Act I
1
S
his ommotion, to call upon 1 [all such able-bodied
male persons] of his own village, and, if needful, to
make a requisition to the heads of the ileighbouring
villages to call likewise upon [such able-bodied male
persons] of their villages, to co-operate in the work
necessary for preventing or repairing the breach.
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