The Kerala Irrigation Works (Execution by Joint Labour) Act, 1967 (No.20 of 1967)

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THE KERALA IRRIGATION WORKS (EXECUTION
BY JOINT LABOUR) ACT, 1967
(Act 20 of 1967)
CONTENTS
Preamble.
Sections
1. Short title and extent.
2. Definitions.
3. Procedure on failure to contribute cost or labour for work to
be done by joint labour.
4-. Dewatering, etc., of Padasekliaram.
5. Work not to be executed if majority of proprietors do not want
the work to be executed.
6. Powers of District Collector, Punja Special Officer and officer
authorised under section 3 or 4-.
7. Appeal.
8. Revision.
9. Recovery of money.
10. Protection of action taken in good faith.
11. Officers and persons performing functions under the Act to be
public servants.
12. Power to make rules.
13. Amendment of Travancore—Cochin Act, 1956 (VII of 1956).
__
THE KERALA IRRIGATION WORKS (EXECUTION BY
JOINT LABOUR) ACT, 1967*
(Act 20 of 1967)
An Act to providcfar faczlitating the execution of certain war/tr connected with
imgatzon, flood-control or drainage for purposes of agncullure, to
be done by the fault labour of cultwatarr, in the State of Kerala.
Preamble.-—WHEREAS it is expedient to provide for facilitating the
execution of certain works connected wrth irrigation, flood-control or
drainage for purposes of agriculture, to be done by the joint labour of
cultivators, in the State of Kerala ;
'
Publishedin the Kerala Gazette Extraordinary No. 174, dated 4th September,
1967.

92
BE it enacted in the Eighteenth Year of the Republic of India as
follows :—
l. Short title and extent —(l) This Act may be called the Kerala
Irrigation Works (Execution by jomt Labour) Act, 1967.
(2) It extends to the whole of the State of Kerala.
2. Definmons.—In this Act, unless the context otlierWise
requires,—
(a) “maJority of proprietors
"
means the proprietors of more
than one-halfol a padasekhaiam ;
(b) “padasekharam
”
means collection of paddy fields conti-
guously Situated, whether owned by one peison or two or more persons,
(r)
“
prescribed” means prescribed by rules made under this
Act ;
(d)
“
proprietor
”
means the owner of any paddy field in a
padasekharam and includes the cultivator or person in actual possession
of such field ;
(e)
“
Punja Special Officer
”
means an officer appointed by the
Government to amuse the powers and discharge the duties ofa Punja
Special Officer under this Act ;
(f) “weik” includes the putting up of ring bunds and drainage
of water.
3. Procedure on failure to contribute cost or labour for work to be done by
mint labour.—(1) Whenever, by local custom or for other good reason,
any work connected With irrigation or drainage for purposes of agricul-
ture in a padasekhararn should be done by the joint labour or cast of
the proprietors of all the fields benefited by such work, if any such
proprietor fails or neglects to do his share of the work or contribute his
share of the cost or labour, it shall be lawful for the District Collector,
the Punja Special Officer or any other officer authorised by the Govern-
ment in this behalf, on the application of one or more of the proprietors
interested in such work or injuied 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 proprietor to
execute any portion of the work or pay any portion of the cost of the
work.
(2) If an order under sub-section (1) directs that the defaulting
proprietor shall execute a portion of the work, it shall distinctly 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 prepaied in such
manner as may be prescribed.
(3) On the defaulting proprietor refusing or failing to execute
such work Within the time fixed in the order, the work may be executed
under the order of the District Collector, the Punja Schial Officer or

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such other officer authorised as aforesaid, and the cost thereof may he
recovered from such defaulter.
4. Dewaterzng, etc., ofpadasekhamm.—(l) Whenever one or more
of the proprietors of' a pailasekharam applies or apply to the District
Collector, the Punja Special Officer or any other olhcer authorised by
the Government in this behalf, to arrange for dewateringthat pada-
sekharam for the purpose of paddy cultivation, it shall be lawful for the
District Collector, the Punja Special Officer or such other officer to
arrange the dewatering of such padasekharam and to recovr-r the cost
thereof from all the proprietors.
(2) The District Collector, the Punja Special Officer or other
officer arranging the dewatering of any padasekharam under sub-
section (1) or any person or persons authorised by him to execute such
dewatering shall, notwithstanding anything contained in any other law
for the time being in force, have power to enter upon any land and
instal any machinery for the purpose of such dewateiing and to execute
any temporary work incidental thereto.
(3) When any portion of the bund in any padasekharnm has not
been constructed or repaired properly, it shall be lawful for the District
Collector, the Punja Special Officer or any other ofliccr author isrrl by
the Government in this behalf to carry out the construction or repair
and to recover the cost thereof from the proprietors liable to carry out
such construction or repair.
(4) Whenever cultivation in any patlasekhararn or in any field
in any such padasekharam is likely to be afleetetl due to want of proper
irrigation or drainage facrhties, the District Collector, the Punja Spreral
Officer or any other officer authorised by the Governrr cut in this behalf,
shall have power to arrange to execute any temporary works for removal
of obstruction to existing vachals, devmtion of vachals, provisron for
new vachals or such other temporary works as are rretessary to irrigate
or drain the padasekharam or the field.
(5) The District Collector, the l’unja Special Officer or other
officer arranging any temporary work under sub-section (‘1) or any
person or persons authorised by such OllKCl to execute such Work shall,
notwrthstanding anything contained in any other law for the time being
in force, have power to enter upon any land and to do such work.
(6) The cost incurred for the am ution of any temporary work
under sub-section (4) shall be recoverable from the parties liahle to do
such work.
5. l/Vork not to be executed zf majority (if/imprzetars do not want the work
to be executed.—Notwithstanding anything contained in sections 3 and 4,
the District Collector, the Punja Specml Officer or the officer authorised
by the Government shall not execute any work under the said sections,
if the majority of the proprietors to be benefited by the work intimate

94
the District Collector, the Punja Special Officer or the ofl‘icer autho-
rised, in writing, that they do not want the work to be executed.
6. Powers of District Collector, Punja Special Oflicer and offim' autho-
rised under nation 3 or 4.—-The District Collector, the Punja Special
Officer or any officer authorised by the Government under section 3 or
section 4 may. subject to the provisions of section 5, exercise such
powers and perform such duties as may be prescribed for the collective
benefit of the majority of proprietors in matters connected with
irrigation.
7. zipped—Any person aggrieved by any order of the District
Collector, the Punja Special Officer or any officer authorised by the
Government under section 3 or section 4 may, Within such time as may
be prescribed, appeal to the Government, or to any ofliCer specially
authorised by the Government in this behalf by notification in the
Gazette, against any such order, and the Government or such other
officer, as the case may be, may thereupon pass such orders as they or
he think or thinks just and reasonable, after giving notice to the party
afi‘ected and hearing him, if he appears.
8. Revision.—It shall be lawful for the Government to revise any
order of the District Collector, the Punja Special Officer or an officer
authorised by the Government under section 3 or section 4 or any order
of the officer specially authorised under section 7 and to pass such
orders as are in their opinion just and reasonable, after giving notice to
the party affected and hearing him, if he appears.
9. Recovery of money—Without prejudice to any other mode of
recovery, any sum of money payable under the provisions of this Act
may be recovered from the defaulting proprietor as arrears of public
revenue due on land under the provisions of the Revenue Recovery Act
for the time being in force.
10. Protection ofaotion taken in good faith—(I) No suit, prosecution
or other legal proceedings shall lie against the Government or any
oflicn or person performing any functions in the implementation of the
provisions of this Act, for anything which is in good faith done or
intended to be done in pursuance of any of the provisions of this Act or
any rule or order made thereunder.
(2) No suit or other legal proceedings shall lie against the
Government or any officer or person performing any functions in the
implementation of the provisions of this Act, for any damage caused or
likely to be caused by anything which is in good faith done or intended
to be done in pursuance of any of the provisions of this Act or any rule
or order made thereunder.
11. Officer: and person: [zerfbrming function: under the Act to be public
:ervant:.—Any officer or person performing any functions in the imple-
mentation of this Act shall be deemed to be a public servant within the
meaning of section 21 of the Indian Penal Code.

95
12. Power to make rule:.—-(l) The Government may, by notifica-
tion in the Gazette, make rules to carry out the purposes of this Act.
(2) Every rule made under this Act shall he laid as soon as may
be after it is made before the Legislative Assembly while it is in session
for a total period of fourteen days which may be comprised in one
session or in two successive sessions, and if, before the expiry of the
session in which it is so laid or the session immediately following, the
Legislative Assembly makes any modification in the rule or decides that
the rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so how-
ever that any such modification or annulment shall be without prejudice
to the validity of anything previously done under that rule.
13. Amendment qf Travancorc-Cochin Act VII of 1956.—Section 40A
of the Travancore-Cochin Irrigation Act, 1956 (VII of 1956), shall be
omitted.

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