LexThe Kerala Irrigation and Water Conservation Act, 2003
Kerala · state statute
Open in Lexace · Ask the AI about this actTHE KERALA IRRIGATION AND WATER CONSERVATION
ACT, 2003*
(ACT 31 OF 2003)
An Act to consolidate and amend the laws relating to construction of irrigation works,
conservation and distribution of water for the purpose of irrigation and levy of
betterment contribution and irrigation cess on lands benefited by irrigation works
in the State of Kerala and to provide for involvement of farmers in water utilization
systems and for matters connected therewith or incidental thereto
Preamble —WHEREAS it is expedient to consolidate and amend the laws relating to
construction of irrigation works, conservation and distribution of water for the purpose
of irrigation and levy of betterment contribution and irrigation cess on lands benefited
by irrigation works in the State of Kerala and to provide for involvement of farmers in
water utilization system and for matters connected therewith or incidental thereto,
BE it enacted in the Fifty-fourth Year of the Republic of India as follows1—
CHAPTER I
PRELIMINARY
1 Short title, extent and commencement —(1) This Act may be called the Kerala
Irrigation and Water Conservation Act, 2003
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force on such date as the Government may, by
notification m the Gazette, appoint
Provided that different dates may be appointed for different provisions of this
Act, and any reference in any such provision to the commencement of this Act shall be
construed as a reference to the coming into force of that provision
•Received the assent of the Governor on 13th September, 2003 and published as Kerala Gazette
Extraordinary No 1746 dated 18th September, 2003
2. Definitions—In this Act, unless the context otherwise requires,—
(a) "area of operation" in relation to farmers organisation means a continuous block
of land m the command area of an irrigation system as may be notified;
(b) “Authority” means the Kerala Dam Safety Authority constituted under section
57;
(c) ,“back water” means lagoons receiving water of the streams and
rivers;
(d) "Board” means the Water Management and Utilisation Board constituted under
sub-section (1) of section 90;
(e) “canal” means an artificial open channel carrying water including
situations passing through tunnels enroute;
(f) “Certificate” means a certificate issued under section 21;
(g) "Collector” means the Collector of a district and includes any officer appointed
by the Government by notification to exercise all or any of the powers or to perform all or any
of the functions of a Collector under this Act;
(h) "command area” means the area irrigated or capable of be ing irrigated either by
gravitational flow of water or by lift irrigation or by any other method and includes every such
area whether it is called ayacut or any other name,
(i) "competent authority” means the competent authority appointed under sub -
section (1) of section 53;
(j) “construction” with reference to an irrigation work include improvement,
extension, repair and maintenance of that irrigation work;
1 [(ja) ` custodian` means any State Government, or any local authority, body
Corporate, associations of persons or an individual, who under any law, contract, treaty,
agreement, order, judgment or decree
has been granted the right to establish, or has established or is running or otherwise
operating any dam within the State of Kerala;
(jb) 'dam' means any artificial barrier including appurtenant work constructed across a river
or tributaries ther eof with a view to impound or divert water for irrigation, drinking water
supply or for any other purpose and unless repugnant to the context, shall include the water
spread area;"]
1. Inserted by Act 4 of 2006.
(k) "distributory system” means and includes,—
(i) all mam canals, branch canals, distributory canals or minor canals constructed,
maintained and operated for the supply and distribution of water for irrigation,
(k) "distributory system" means and includes-
(i) all main canals, branch canals, distributory canals or minor canal s constructed,
maintained and operated for the supply and distribution of water for irrigation;
(ii) all works, structures and appliances connected with the distribution of water for
irrigation; and
(iii) (iii) all field channels, farm channels and other related ch annels and structures
under a sluice or pipe outlet;
(l) “drainage system” means channels either natural or artificial for the discharge of
waste or surplus water and all works connected therewith or ancillary thereto and includes,—
(i) escape channels from an irrigation or distribution system and other works connected
therewith but does not include works for removal of sewage;
(ii) all connecting drains and mam drains to dram off surplus water from field drains;
and
(iii) all field drains and related structures under pipe outlet;
(m)“Farmers Association” means the water users association formed in accordance
with the provisions of section 49 and the Water Management and the Utilisation
Board constituted under section 90.
(n) “field channel” means a channel which runs from an outlet in a channel or canal
and which conveys or distributes water to blocks of land exceeding five hectares in extent
but not exceeding one hundred hectares in extent;
(o)“field dram” means a channel excavated and maintained by the land holder or by
any other agency to discharge waste or surplus water from the land holding under a pipe
outlet including drams, escape channels and other similar works existing or to be
constructed and includes a c hannel either existing or under construction or proposed to
be constructed by the Government or water Users Association or any other agency for
the purpose of discharging waste or surplus water from the command area or a sluice or
pipe outlet or from the total ayacut of more than one outlet, as the case may be, including
drains, escape channels and such other similar works;
(p)“financial year” means a period of one year commencing from the first day of April
of the year under concern and ending on the 31 st day of March of the ensuing year;
(q)“financing agency” means any commercial bank or any co-operative bank or credit
society or any other financial institution or other organisation established or incorporated
as per any statutory provision which is in strumental for lending or financing necessary
resources either by way of cash, goods or other services for the operational development
and sustenance of the benefited area;
(r)“Government” means the Government of Kerala;
(s) “hydraulic basis” means the basis for identifying a viable irrigated area
served by one or more hydraulic structures such as head works, dist ributories, minors and
pipe outlets,
(t) “irrigation” with its grammatical variations includes “drainage” with its
corresponding variations;
(u) “Irrigation Officer” means an officer appointed by the Government to
perform all or any of the functions of an Irrigation Officer under this Act;
(v)“irrigation system” means a major irrigation scheme or a medium
irrigation scheme or a minor irrigation scheme,
(w) “irrigation work” includes,—
(i)all canals, field channels, reservoirs and tanks, tube wells and filter point
wells which are intended or which may be used for the supply, collection, storage or retention
of water for agricultural purposes ;
(ii) all works, embankments, structures, supply and escape channels
connected with such canals, channels, reservoirs or tanks and spouts installed to supply
water,
(iii) all water courses, which are supplied with water from such canals,
channels, reservoirs, tanks or spouts,
(iv) all drainage works, that is to say, canals, channels, escape channels
from a canal or channel, reservoirs or tanks, dams, weirs, embankments, sluices,
groynes, field channels, and other works for the protection or benefit of agricultural
lands or for the reclamation or dewatering of kole lands, kayal lands, kari lands or such
other lands,
(v) all works intended for preventing or regulating the entry of salt water
into agricultural lands;
(vi) all lands and works in all lands occupied by the Government or a local
authority for the purpose of such canals, channels, reservoirs or tanks and all buildings,
machinery, fences, gates and other erections on such lands; and
(vii) any other work which the Government may, by notification, declare to
be an irrigation work
Explanation —For the purposes of this clause, “irrigation work” does not include
embankments other than for irrigation purposes and tanks not constructed by the
Government, a local authority or any other authority,
(x) “land holder” means the owner or any other person in lawful possession of any
land m the irrigable command area of any irrigation system and recorded as such in the records
of Government;
♦ (y) “lift irrigation work” means an irrigation work by which water is
supplied or drained for agricultural purposes with the a id of pump sets or other
mechanical devices,
(z) “local authority” means a Municipality constituted under the Kerala 6
Municipality Act, 1994 (20 of 1994) or a Panchayat constituted under the Kerala Panchayat
Raj Act, 1994 (13 of 1994),
(aa) “maintenance” means execution of such works on the irrigation system as
are necessary to ensure that the physical system designed to the standards
0 operate for proper distribution of water to the land holders in the command area,
(ab) “major irrigation scheme” means a scheme benefiting an irrigable
command area of more than ten thousand hectares,
(ac) “major irrigation work” includes any irrigation w ork irrigating or useful
for the drainage or protection of a cultivable area of over ten thousand hectares of land
and any other irrigation work declared by the Government to be a major irrigation work,
but shall not include a lift irrigation work;
(ad) “medium irrigation scheme” means a scheme benefiting an irrigable
command area of more than fifteen hectares but less than ten thousand hectares,
(ae) '“medium irrigation work” includes any irrigation work irrigating or * useful
for the drainage or protection of cultivable area of fifteen hectares or more,
and not more than ten thousand hectares of land and any lift irrigation work;
(af) “minor irrigation scheme” means all small schemes benefiting an irrigable
command area of not more than fifteen hectares,
(ag) “minor irrigation work” includes any irrigation work irrigating or useful for
the drainage or protection of a cultivable area of not more than fifteen hectares but shall
not include a lift irrigation work,
(ah) “notification” means a notification published in the Gazette;
(ai) “notified area” means the area notified by Government for any particular
purpose,
(aj) “prescribed” means prescribed by rules made under this Act,
(ak) “Punja Special Officer1’ means an officer appointed by the Government under
section 31;
(al) '‘sea mouth” means that part of the river where the never joins the sea;
1[(ala): “Scheduled dam” means any dam included in the SECOND SCHEDULE or any
dam which may be notified by the Government from time to time as a Scheduled dam];
(am) “State” means the State of Kerala;
(an) “stream” means a stream that flows in a temporary channel but not in a
valley;
(ao) “Tahsildar” in relation to any land means the Tahsildar of the Taluk in
which that land is situated and includes a Special Tahsildar,
(ap) “water allocation” in relation to an irrigation system means distribution of
water determined from time to time by a competent authority as notified by the
Government,
(aq) “water course” means a river, stream, springs, channel, lake or any natural
collection of water other than in a private land and includes any tributary or branch of
any river, stream, springs or channel;
(ar) “water user” means and includes any individual or body corporate or a
society or an institution or an association using water for any purpose from a
Government source of irrigation. *
CHAPTER II
CONSERVATION OF WATER IN WATER COURSES
3. Water courses and water in water courses to be Government property —
Notwithstanding anything to the contrary contained in any other law for the time being in
force, or in any custom or usage or in any contract or other instrument but subject to the
provisions of section 218 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) and section
208 of the Kerala Municipality Act, 1994 (20 of 1994), all water courses and all water in
such water courses in the State shall be the property of the Government, and the
Government shall be entitled to conserve and regulate the use of such water courses and
the water in all those water courses for the purposes of irrigation and the generation of
Electricity and for matters connected therewith or for both.
1. Inserted by Act 4 of 2006.
4. Regulation on abstraction of water from water courses—(1) Save as provided
in this Act, no person or agency shall abstract water from a water course by installation
of any mechanical or electrical device, the capacity of which, in the aggregate, is more
than five horse power, or any hose , pipe or other similar device or by any other means
except with the previous permission of the officer authorized by the Government in this
behalf within whose jurisdiction such device for abstraction of water is installed and
subject to such terms and conditions and on payment of such fees, as may be prescribed*
Provided that the Kerala Water Authority or any local authority shall not be liable
to obtain a permit under this sub-section.
(2) Any person or agency aggrieved by an order refusing to grant permission
under sub-section (1), may within such time and in such manner as may be prescribed,
appeal to the Collector and the Collector shall, after hearing the appellant and the
authorized officer, pass such orders on the appeal as he deems fit within one month from
the date of receipt of the appeal
(3) If any person abstracts water from a water course in violation of the
provisions of sub -section (1) or an order of the Collector under sub -section (2), the
officer authorized under sub-section (1) or any person authorized by him in that behalf
shall, without prejudice to any other action that may be taken for such violation, have
power to enter any property, place or premises in which any device is i nstalled for
abstraction of water and to remove or cause such device to be removed or also to
confiscate such device if he is satisfied that such confiscation is necessary for the
prevention of abstraction of water
(4) Any lapse in supervision of the provision s contained in sub section (3) by
the officers authorized under sub-section (1) or any person authorized by him on that
behalf will also be liable for disciplinary action.
5. Regulation on construction of reservoirs , anicut etc .—(1) No person or
agency or local authority shall construct any reservoir or a nicut or weir or any other
permanent structure in or across any water course for the purpose of diverting water
therefrom except with the previous sanction of the Government or such authority as may
be authorized by the Government m that behalf and subject to such terms and conditions
as the Government or such authority may impose.
(2) Where any structure is constructed in violation of the provisions of sub -
section (1), the Government or the authority authorized by the Government under that
sub-section shall, without prejudice to any other action that may be taken for such
violation, have power to remove such structure or cause it to be removed and to recover
the cost of such removal from the person or persons responsible for such construction
6. Regulation on diversion of rivers, inter-basin transfer of water, etc—(1)
No person or agency or a local authority or any other authority shall divert any river or
interlink two or more rivers or effect inter-basin transfer of water from such rivers
without obtaining prior permission from the Government.
*
(2) Where any structure is constructed in or across a n ever for the purpose of
diversion or linking of such n ever the Government or such officer or authority as the
Government may authorize in this behalf shall have the right to remove such structure
and to recover the cost of such removal from the person or autho rity responsible for
such construction
7 Prohibition of quarrying of sand in water courses —No person shall
quarry sand in any area in a water course within a distance of five hundred meters from any
dam, check dam, reservoir or any other structure or *
construction on or across such water course owned or controlled or maintained
by Government for the purpose of irrigation’
Provided that nothing m this section shall apply to collection and removal of silt
and sand from the reservoir or the water spread area of a dam or check - dam by the
Water Resources Department for the maintenance of such dam or check dam
CHAPTER III
CONSTRUCTION OF IRRIGATION WORKS AND THEIR CLASSIFICATION
8 Construction and commissioning of irrigation works by Government—(1) Where the
Government consider that it is necessary, in the * interest of the general public, to construct an
irrigation work of any kind on any land, the Government may, by notification, declare their
intention specifying the
land which is proposed to be covered by such irrigation work
(2) Where the Government consider that an irrigation work constructed * by them
should be commissioned partly or fully, the Government shall publish in the Gazette a
notification to that effect containing such particulars as may be prescribed
9. Consequences of construction of irrigation works—(1) Where the Government
construct an irrigation work for utilizing the water in a water course,— /
\
(a) the Government shall be entitled to regulate, utilize, protect and
distribute all water in such water course and all the tributaries and branches thereof
upwards such irrigation work in such manner as may suit the public purpose;
(b) no person or agency shall, without the sanction of the Government or
such authority as may be authorized by the Government in that behalf, do anything which
obstructs, interferes with, diminishes or is likely to obstruct, interfere with or diminish,
the flow of water in such water course,
(c) no person or agency shall use water from any irrigation work owned or
controlled or maintained b> the Government for any purpose other than domestic
purpose except under, and m accordance with the terms and conditions of a license issued
by such authority as may be prescribed.
(2) Where the prescribed authority is satisfied that a license issued under
clause (c) of sub -section (1) may affect adversely the effective functioning of the irrigation
work, he may, after giving the person affected thereby a reasonable opportunity of being heard,
revise or cancel such license
10 Payment of amount for damage etc .—(1) Any person who, by reason of the
construction of an irrigation work by the Government, or the exercise of the powers
conferred on the Government by or under this Act, suffers material damage on account
of the deprivation or infringement of his riparian right to use watercourse for the purpose
of irrigating his land or for any other purpose, shall be paid an amount of money for such
damage*
Provided that no amount shall be payable under this sub -section to a person who
has not exercised his riparian right for a period of two years immediately preceding the
commencement of this Act:
Provided further that no payment under this sub-section shall be denied to
a person if the non-exercise of the right was for no fault of his own
Provided also that no payment under the sub -section shall be denied to a person
without giving him a reasonable opportunity of being heard.
(2) The amount payable under sub-section (1) shall be assessed in cases where
water was being used,—;
(a) for the purpose of irrigating land, at ten times the annual loss suffered or
likely to be suffered by such deprivation or infringement,
(b) for any other purpose, at five times the annual loss suffered or likely to be
suffered by such deprivation or infringement
(3) Every claim under this section shall be preferred to the Collector within
whose jurisdiction the land, the riparian right over which is deprived of, or infring ed, is
situated.
(4) The Collector shall, after such enquiry as he deems fit and after giving the
claimant an opportunity of being heard, by order, determine the amount, if any, payable
to the claimant in consultation with the concerned I rrigation Officer and Agricultural
Officer
11 Bar to claims —No claim under section 10 shall be entertained after the expiry
of one year from the date of the notification under sub-section (1) of section 8
Provided that the Collector may, if he is satisfied that the claimant was prevented
by sufficient cause from preferring the claim within the said period of one year, condone
the delay up to ninety days after the expiry of that period
12. Appeal—Any person aggrieved by an order of the Collector under sub-section
(4) of section 10 may, within ninety days from the date of receipt of the order, prefer an
appeal to a committee constituted by Government m this behalf, in such form and in
such manner, as may be prescribed, and the committee shall decide the appeal within a
period of six months from the date of receipt of the appeal and its decision thereon shall
be final.
Provided that the committee may admit an appeal preferred after the expiry of the
said period of ninety days if it is satisfied that the appellant had sufficient cause for not
preferring the appeal withi n that pe riod, but in no case such appeal shall be admitted
after the expiry of six months from the date of receipt of the order appealed against
13 Entrustment of irrigation works —(1) Where the Government consider it
necessary so to do, they may, subject to such terms and conditions as may be specified
by them, entrust the construction or maintenance or both of any irrigation work, to any
local authority or to any co-operative society or other society of farmers or to any other
body corporate benefited by that irrigation work, and may, at any time, resume such
work.
Provided that no work entrusted to a local authority or a co-operative society or a
society of farmers or to a body corporate shall be resumed without giving such local
authority or co-operative society or other society or body corporate an opportunity of
being heard
(2) The local authority or co -operative society or other society of farmers or
any other body corporate to which any work is entrusted under sub section (1) shall
undertake the maintenance and upkeep of such work after completion on proper
agreement and if the local authority or co -operative society or other society of farmers
or the other body as the case may be, fails to
comply with such agreement, the persons who have executed the agreement shall be
responsible for the loss, if any, or the cost of maintaining the same by the department
subsequently and such loss or cost of maintenance shall be realized from them.
Explanation —For the purpose of this section, the expression “co -operative
society1’ means a society registered or deemed to be registered under the Kerala Co -
operative Societies Act, 1969 (21 of 1969) and the expression “other society” means a
society registered under the Societies Registration Act, 1860 (Central Act 21 of 1860) or,
as the case may be, under the Travancore -Cochin Literary Scientific and Charitable
Societies Registration Act, 1955 (12 of 1955)
14. Construction of minor irrigation works. —(1) The c onstruction and maintenance of all
minor irrigation works within the limit of a local authority shall subject to the provisions of
the Kerala Panchayat Raj Act, 1994 and the Kerala Municipality Act, 1994 devolve upon that
authority.
(2) Where a local authority is unable to carry out the construction and
maintenance of any minor irrigation work devolved on it under sub -section (1), the
Government may on written request from such local authority, carry out such work or
entrust such work, subject to such terms and conditions as they may specify, to any of
the societies referred to in section 13.
CHAPTER IV
CONSTRUCTION AND MAINTENANCE OF FIELD CHANNELS
15 Alignment and construction of field channels. —The alignment and construction
of any field channel and technical specification thereof shall be the responsibility of the
Government.
16. Land owners to maintain field channel —The maintenance of field channels
and the conveyance of water through them shall be the responsibility of the owners of
the lands benefited by such channels.
17. Maintenance of field channels by water users Association —Subject to
section 16, every water users association formed under section 49 shall be bound to
maintain field channels, within their respective area of operation, fit for the conveyance
of water.
18 Maintenance of field channels —Where the land owners fail to maintain
field channels and the Irrigation Officer is satisfied that maintenance of field channels
is necessary for proper irrigation of lands of such owners, he shall by notice, require
the land owners concerned to maintain field channels within such time and in such
manner as may be specified in the notice.
19 Procedure for speedy construction of field channels by Government —(1)
The Irrigation Officer shall, in consultation with the beneficiaries or local authority,
determine suitable alignment of field channels, mark out the land which, in his opinion,
is necessary for the construction thereof and shall forthwith publish m such manner a
notice in such form and containing such particulars as may be prescribed.
(2) The Irrigation Officer shall arrange for the publication of the notice in the
village or villages and in the office of the local authority in which, such land is situated
and serve the notice on the owners of the land mentioned therein
(3) After the service of the notice by the Irrigation Officer as required by sub-
section (2), he may require the land owners to intimate within one month from the date
of service of the notice whether they desire to carry out the work by themselves and, if
so, he may obtain an undertaking from each land owner specifying the date within
which the work is to be completed and such other particulars as may be prescribed.
(4) Where the land owners do not desire to carry out the work or fail to carry
out the work or the remaining work within the time spec ified in the undertaking as the
case may be, the work shall be earned out or caused to be earned out by the Irrigation
Officer.
(5) The work or the remaining part of the work, as the case may be, carried
out or caused to be carried out by the Irrigation Office r under sub section (4) shall be
deemed to have been earned out by him with the consent of the land owners
CHAPTER V
ISSUE OF CERTIFICATES AND LEVY OF IRRIGATION CESS
20. Publication of statement showing lands benefited .—(1) As soon as may be
after the publication of the notification under sub -section (2) of section 8 in respect of
an irrigation work, the Irrigation Officer shall prepare a statement in the prescribed
form showing the lands benefited or capable of being benefited by such irrigation work,
the nature of the crops cultivated or proposed to be cultivated by the owners in such
lands and the general pattern of cropping adopted or proposed to be adopted in those
lands.
(2) In the case of an irri gation work commissioned partly or fully before the
commencement of this Act or acquired partly or fully by the Government before such
commencement, the Irrigation Officer shall, as soon as may be after such
commencement, prepare in the prescribed form a s tatement of the lands benefited or
capable of being benefited by such irrigation work, containing the particulars mentioned
m sub-section (1)
(3) The Irrigation Officer shall send sufficient copies of the statements
prepared under sub-section (1) or sub-section (2) to the Tahsildar, and thereupon
the Tahsildar shall cause the statements to be published m the Taluk Office and the
concerned village offices and also serve notice on the owners of the lands included in the
statement requiring them to file objections, if any, in respect of the inclusion of such lands
and the particulars of such lands in the ^statement, to the Tahsildar within a period of one
month from the date of receipt of the notice *
Provided that where the lands benefited or capable of being benefited by an
irrigation work are situated in more than one taluk, the statement shall be sent to the
Tahsildar of the taluk in which the major portion of such land is situated
Provided further that if any dispute arises regarding the taluk in which the major
portion of such lands is situated, such dispute shall be referred to the Government and
the decision of the Government thereon shall be final
(4) The objection in pursuance of a notice under sub -section (3) shall be
confined to any one or more of the following grounds, namely.—
*
(a) that the land or any portion thereof is not benefited or capable of being
benefited by the irrigation work,
(b) that the person shown as owner of a land is not the owner
thereof;
(c) that the area or any other particulars therein including the nature of crop
or crops cultivated or proposed to be cultivated therein is wrong,
(d) that there exist any other fact materially affecting the lands included in
the statement
(5) The Tahsildar shall consider the objections and, af ter holding such enquiry
as he deems necessary and giving the objector an opportunity of being heard, make an
order within three months from the date of receipt of the objections, either rejecting the
objections or excluding the land or portion thereof fro m the statement or making other
necessary modifications therein
(6) An order passed under sub-section (5) shall be communicated to the objector
in such manner as may be prescribed.
(7) Any person aggrieved by an order under sub-section (5) may appeal in such
manner as may be prescribed to the Collector within sixty days from the date of receipt
of the order and such appeal shall be decided by the Collector within two months from
the date of receipt of the appeal and the decision of the Collector thereof shall be final
Explanation —A land shall be deemed to be capable of being benefited^
irrespective of the non -enjoyment of the benefit, if such non -enjoyment is solely due to
any act or omission on the part of the owner of that land.
21 Issue of Certificate —(1) Subject to such modifications as may be made under
sub-section (5) or sub -section (7) of section 20 in the statement** prepared under sub -
section (1) or sub-section (2) of that section, a certificate showing the area of land and the
crop cultivated therein shall be issued by the Tahsildar, in such form and in such manner
and subject to such conditions as may be prescribed, to the owners of the lands included
m the said statement and copies thereof shall be sent by him to th e officers of the local
authority within the local area of jurisdiction of which the lands included m the certificate
situate.
(2) A certificate issued under sub-section (1) shall be valid for a period of ten
years from the date of issue, unless cancelled in a ccordance with the provisions of this
Act or modified as and when the crops or cropping pattern is changed
(3) The owner of land to whom a certificate has been issued under^
sub-section (1) may, within forty -five days from the date of receipt of the same apply
to the prescribed authority for the cancellation or modification, as the case may be, of
the certificate if he is aggrieved by the issue of, or by any of the conditions in the
certificate.
(4) On receipt of an application under sub-section (3) the prescribed authority
may, after such enquiry as it thinks fit and after giving the owner of the land an
opportunity of being hea rd, for reasons to be recorded m writing, by order, cancel or
modify, or refuse to cancel or modify, the certificate.
(5) Any person aggrieved by an order of the prescribed authority under sub -
section (4) may, within forty -five days from the date of receipt of the order by him,
appeal to the Collector m such manner as may be prescribed and the Collector shall,
after giving him an opportunity of being heard, pass within sixty days from the date of
receipt of the appeal, such order thereon as he thinks fit.
(6) The order of the Collector under sub-section (5) shall be final
(7) Where a certificate has not been issued to the owner of a land included in
the statement prepared under sub -section (1) or sub-section (2) of section 20 or if such
statement has been modified under sub -section (5) or sub section (7) of that section, in
such modified statement, such owner may apply to t he Tahsildar, within such time as
may be prescribed, for the issue of the certificate and the Tahsildar may, within thirty
days from the date of receipt of the application, issue, or refuse to issue the certificate
after such enquiry as he deems fit.
22 Cancellation or modification of certificate —Notwithstanding anything d
contained in section 21, the Secretary to Government, Water Resources
Department or an officer authorized by Government in that behalf may, at any time, for
reason to be recorded in writ ing by order, cancel or modify a certificate issued under
that section.
Provided that no such order shall be made without giving the person affected by
the order an opportunity of being heard.
23. Levy of irrigation cess by Government .—(1) The Government shall be
entitled to levy an annual irrigation cess on all lands in respect of which certificates have
been issued under section 21, so long as such certificates are m force.
(2) The levy of irrigation cess under sub-section (1) shall be at such rate
as may be notified by Government from tune to time and shall be paid within such time
and in such manner as may be presented.
(3) Arrears of irrigation cess levied under sub-section (1) shall bear
interest at the rate of 6% per annum.
(4) Every owner to whom, a certificate has been issued under section 21 shall,
so long as such certificate is in force, be liable to pay the irrigation cess levied under
sub-section (1) on or before the due date as shown in the certificate without any separate
demand for payment.
24. Exemption from payment of irrigation cess —Where there has been failure
of crops in any area, the Government may notwithstanding anything contained in this
Act, by notification, for reasons to be specified in the notification, make an exemption
or reduction in rate in respect of the irrigation cess leviable under this Act on any land
included in the notification for such period as may be specified therein.
25. Levy of irrigation cess by local authority—(1) A local authority may, with
the previous sanction of the Government, levy an annual irrigation cess on lands
benefited by minor irrigation works executed by it.
(2) The rate of irrigation cess levied under sub -section (1) shall be fixed by
the Government from time to time:
Provided that the rate of irrigation cess fixed under sub -section (2) shall in the
case of minor irrigation works, not more than the rate at which irrigation cess is levied
by the Government on lands benefited by mediu m irrigation works executed by the
Government.
(3) Where there has been failure of crops in any area, the local authority
concerned may by resolution make an exemption or reduction in rate m respect of the
irrigation cess leviable under this section on any land within their jurisdiction.
CHAPTER VI
OBTAINING MATERIALS IN EMERGENCIES
26. Impressment of materials for urgent works , repairs, etc (1) Whenever it
appears to the Irrigation Officer that unless some work or repair is immediately
executed, an irrigation work would sustain such serious damage as to cause sudden and
extensive public injury, such officer or any other person authorized by him m that behalf
may, under intimation to the owner or occupier of any land in the neighborhood of any
such irrigation work, enter upon and take possession of such land and appropriate or
remove any trees, timber, bamboos, mats, ropes, straws, earth, stones or other materials
found therein, and use the same for the purpose of such work or repair.
(2) The Irrigation Officer or any other person authorized by him, who
appropriates or removes any materials under sub-section (1), shall prepare an inventory
thereof and keep it as a record duly signed by himself, the owner or occupier of the land
and two witnesses of the locality.
27. Payment for materials taken —(1) The Irrigation Officer shall, as early as
possible, but m no case later than thirty days from the date on which
the work or repair under section 26 was completed, pay to the person whose materials
were taken for the said purpose, the cost of such materials calculated at a rate of 25% in
excess of the prevailing market rate
(2) If any dispute arises as to the prevailing market rate of any materials, such
disputes shall be referred by the Irrigation Officer to the Collector,* whose dec ision
thereon shall be final.
(3) Where the cost of materials is not paid within the period specified m sub -
section (1), it shall bear interest at the rate of 12% per annum
28 Payment for damage in taking materials —Whenever as a result of the removal
of any tree, timber, bamboos, earth, stone or other materials under section 26, causes
any damage directly to the property of any person, the Irrigation Officer shall
compensate that person for such damage, and in case of dispute as to the sufficiency of
the amount so paid, he shall refer the dispute to the Collector whose decision thereon
shall be final.
CHAPTER VII
REGULATION OF WATER SUPPLY FOR IRRIGATION
29. Distribution of Water from Irrigation Works —(1) Distribution of water from
all irrigation works constructed or maintained wholly or partly at the cost of Government
shall be regulated by such rules or orders as may be made or issued by the Government
from time to time
' (2) Distribution of water from irrigation works constructed or maintained at the
cost of a local authority shall be subject to such regulations as may be made by that
authority
(3) An irrigation calendar shall be published one month before the date of water
distribution by the Water Res ources Department every year, and the same shall be
formed or modified in accordance with the need and cropping pattern every year, in
consultation with the beneficiaries and with the scientific assessment of the water
available and demand
30. Distribution of Water to another State or Union Territory—No water from a
watercourse m the State shall be distributed to any other State or Union Territory, except
in accordance with an agreement between the State Government and the Government of
such other State or the Union Territory in terms of a resolution to that effect passed by
the Legislative Assembly of the State
CHAPTER VIII
EXECUTION OF WORKS BY JOINT LABOUR
31. Procedure on failure to contribute cost or labour for work to be done by joint
labour—(1) Where, by local custom or for any other good reason, any work connected with
irrigation or flood control or drainage of water for the purpose of agriculture is to be done by the
joint labour or at the cost of £ owners of all the lands likely to be benefited by such work, and
where any of such owners fails or neglects to do his share of the work or contribute his share of
the cost of labour, it shall be lawful for the C ollector, or the Punja Special Officer, appointed by
Government in this behalf or any other officer authorised n by the Government, on the application
of one or more of the owners interested in such work or injured or likely to be injured by such
failure or neglect, to investigate the matter and pass such order as^he deems fit, and he may, by
such order, also direct the defaulting owner to execute any portion of such work or pay any portion
of the cost of the work,
(2) An order directing that the defaulting own er shall execute the portion of
the work shall also specify the portion of the work to be executed, the time within which
it should be done, and the estimate of the cost of such work prepared in such manner
as may be prescribed.
(3) Where the defaulting owner refuses or fails to execute such work within
the time specified in the order under sub -section (1), the Collector, the Punja Special
Officer or such other officer authorised by the Government under that sub-section may
entrust the work to be executed by some other person, and
the cost thereof may be recovered from the default ing owner in such manner as # may be
prescribed
32 Dewatering etc of Padasekharam —(1) Where the committee of a
padasekharam applies to the Collector, the Punja Special Officer or any other officer
authorised by the Government in that behalf, to arrange for the dewatering of that
padasekharam for the purpose of paddy cultivation, it shall be lawful for the Collector,
the Punja Special Officer or such other office r to arrange for the dewatering of such
padasekharam and to recover the cost of such dewatering from all the owners of such
padasekharam:
Provided that arrangement for dewatering shall not be made unless the Irrigation Officer has
certified, after due investigation, the safety of the land in a
padasekharam
(2) The Collector, the Punja Special Officer or the officer authorised under
sub-section (1), arranging dewatering of any padasekharam under the said subsection or
any person or persons authorised by him to undertake such dewatering work shall,
notwithstanding anything contained in any other law for the time being in force, have
the power to enter upon any field in that padasekharam and to install any machinery for
the purpose of such dewatering and to execute any temporary work incidental thereto.
(3) Where cultivation in any padasekharam or in any portion thereof is likely
to be affected for want of proper irrigation or drainage facilities, the Collector, the Punja
Special Officer or the officer authorised by the Government under sub -section (1) shall
have the power to arrange for the exe cution of any temporary work as is necessary to
irrigate or drain the padasekharam or any portion thereof, as the case may be, and the
cost thereof shall be realised from all the owners of the padasekharam
Explanation —In this section and in section 33 and 34,—
(i) “committee of padasekharam” means the committee of the owners of
padasekharam constituted in such manner as may be prescribed, and
(n) “padasekharam ” means collection of paddy fields contiguously
situated, whether owned by one or more than one person
33. Construction or Repair of Bund. —Where a bund or a portion of a bund to be
constructed or repaired by joint labour, or at the cost, of all the owners of a
padasekharam has not been constructed or repaired properly by such owners, it shall'be
lawful for the Collector, the Punja Special Officer or the Officer authorised by the
Government under sub -section (1) of section 32 to carry out the construction or repair
of such bund or portion, as the case may be, and to recover the cost thereof from all th e
owners of that padasekharam, after giving notice to that effect.
34 Powers and duties of Collector Punja Special Officer and the Officer
authorised —The Collector, the Punja Special Officer or the officer authorised by the
Government under sub-section (1) of section 31 may exercise such powers and perform
such duties as may be prescribed, for the collective benefit of the owners of a
padasekharam
35 Appeal —Any person aggrieved by any order under this Chapter, of the
Collector, the Punja Special Officer or any officer authorised by the Government under
section 31 or section 32 may, as early as possible and in any
case not later than ten days from the date of receipt of such order, file an appeal against such order
before such officer or authority as the Government may, by notification, specially empower in this
behalf, and such officer or authority may, after givi ng the person affected an opportunity of being
heard, pass such order thereon as is deemed just and reExcerpt shown. Open the full act in Lexace.