ACT 31 OF 2003
THE KERALA IRRIGATION AND WATER CONSERVATION ACT, 2003 CONTENTS
Preamble:
Sections
CHAPTER 1
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
CHAPTER II
CONSERVATION OF WATER IN WATER COURSES
3. Water courses and water in water courses to be Government property
4. Regulation on abstraction of water from water courses
5. Regulation on construction of reservoirs, anicut etc.
6. Regulation on diversion of rivers, inter-basin transfer of water etc.
7. Prohibition of quarrying of sand in water courses
CHAPTER III
CONSTRUCTION OF IRRIGATION WORKS AND THEIR CLASSIFICATION
8. Construction and commissioning of irrigation works by Government
9. Consequences of construction of irrigation works
10. Payment of amount for damage etc.
11. Bar to claims
12. Appeal
13. Entrustment of irrigation works
14. Construction of minor irrigation works
CHAPTER IV
CONSTRUCTION AND MAINTENANCE OF FIELD CHANNELS
15. Alignment and construction of field channels
16. Land owners to maintain field channel
17. Maintenance of field channels by water users Association
18. Maintenance of field channels
19. Procedure for speedy construction of field channels by Government
CHAPTER V
ISSUE OF CERTIFICATES AND LEVY OF IRRIGATION CESS
20. Publication of statement showing lands benefited
21. Issue of Certificate
22. Cancellation or modification of certificate
23. Levy of Irrigation cess by Government
24. Exemption from payment of irrigation cess
25. Levy of irrigation cess by local authority
CHAPTER VI
OBTAINING MATERIALS IN EMERGENCIES
26. Impressment of materials for urgent works, repairs, etc.
27. Payment for materials taken
28. Payment for damage in taking materials
CHAPTER VII
REGULATION OF WATER SUPPLY FOR IRRIGATION
29. Distribution of Water from Irrigation Works
30. Distribution of Water to another State or Union Territory
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
32. Dewatering etc. of Padasekharam
33. Construction or Repair of Bund
34. Powers and duties of Collector, Punja Special Officer and the Officer authorised
35. Appeal
36. Revision
CHAPTER IX
SAFEGUARDS FOR IRRIGATION WORKS
37. No encroachment shall be allowed in the irrigation land
38. Interference with functioning of cross drainage works
39. Obligation of owners in respect of works affecting safety of canals
40. Mining or quarrying near certain works etc.
41. Operation of sluice gates etc.
42. Fishing in reservoirs
43. Control of Navigation
44. Prohibition of letting out water from irrigation work
CHAPTER X
BETTERMENT CONTRIBUTION
45. Levy of betterment contribution
46. Amount of betterment contribution
47. Payment of betterment contribution
48. Postponement of payment of betterment contribution
CHAPTER XI
PARTICIPATORY IRRIGATION MANAGEMENT
49. Farmer's Association
50. Objects of the Farmers' Association
51. Functions of the Association
52. Power to levy and collect fees
53. Appointment of competent authority and his functions
54. Resources
55. Procedure for taking up works
56. Social audit and monitoring
CHAPTER XII
CONSTITUTION OF DAM SAFETY AUTHORITY
57. Constitution of Dam Safety Authority
58. Composition of the Authority
59. Meetings
60. Vacancy in the Authority not to invalidate proceedings
61. Appointment of officers and other employees
62. Functions of the Authority
63. Grants by the Government
64. Budget
65. Annual Report
66. Accounts and audit
67. Annual report and auditors report to be laid before the Assembly
68. Members of the Authority to be public servants
69. Power of the Authority to make regulations
CHAPTER XIII
PENALTIES
70. Penalties
71. Punishment for continuing offences
72. Enhanced punishment for second or subsequent offences
73. Cost of carrying out work to be recovered from convicted persons
74. Cognizance of offences
75. Confiscation in certain cases
76. Power to remove persons causing obstructions or damage to irrigation work
77. Offences by companies
CHAPTER XIV
MISCELLANEOUS
78. Application of the provisions of the Act to minor irrigation works
79. Certain private irrigation works to vest in Government
80. Acquisition of private irrigation works
81. Power of entry, inspection etc.
82. Power to summon and examine witness
83. Protection of action taken in good faith
84. Certain persons to be public servants
85. Water charges for unauthorised or wasteful use of water
86. Recovery of cost of repairing of damage where offender is unascertainable
87. Closure or Restriction of Natural Water Collection
88. Mode of recovery of money
89. Decision on disputes
90. Constitution of Water management and Utilisation Board
91. Directions by Government
92. Removal of difficulties
93. Act to override other laws
94. Power to make rules
95. Repeal and saving
THE SCHEDULE