Laws requiring unification
It is over 45 years since the formation of the Kerala State. Yet there are several important subject areas in which old laws are in force in the Travancore / Travancore-Cochin / Malabar areas of the State. The Committee looked into the question and found that in as many as 10 subject areas over 30 laws are in force, leaving aside the laws relating to Devaswoms.
As regards the 10 subject areas the following are the laws which require to be unified and brought up-to-date to cover the whole State.
1. Town Planning Laws.
(i) The Town and Country Planning Act, 21 of 1120.
(ii) The T.C.Town Planning Act, 4 of 1108 (T.C. area only)
(iii) The Madras Town Planning Act, 7 of 1920 (Malabar area only).
Urban planning including town planning is a subject now allotted to Municipalities under Entry 1 of the Twelth Schedule to the Constitution. Further Article 243 ZD and Article 243 ZE of the Constitution provides for the constitution of the district planning committees for each district and also metropolitan planning committee for metropolitan cities. The future of development authorities constituted under the existing town planning laws has to be considered in the context of the constitutional provisions and status of Local Self Government Institutions, the District Planning Committees and Metropolitan Planning Committees. A draft Town and Country Planning Bill, taking into account the most modern laws in this regard will be proposed in the second report.
2. Irrigation Laws.
(i) The Travancore – Cochin Irrigation Act, 1956.
(ii) The Madras Irrigation Cess Act, 1965.
(iii) The Madras Irrigation Cess (Amendment) Act, 1900.
(iv) The Madras Irrigation (Voluntary Cess) Act, 1942.
(v) The Malabar Irrigation Works (Construction and Levy of Cess) Act, 1947.
(vi) The Madras Irrigation (Levy of Betterment Contribution) Act, 1955.
(vii) The Madras Irrigation Tanks (Improvement) Act, 1949.
(viii) The Madras Irrigation Works (Repairs, Improvement and Construction) Act, 1943.
(ix) The Travancore Cochin Irrigation Tanks (Preservation and Improvement) Act, 1952.
(x) The Kerala Irrigation Workers (Execution by Joint Labour) Act, 1967.
As per item 3 of the Eleventh Schedule to the Constitution “Minor Irrigation Water Management and Watershed Development” is entrusted to the Panchayats for preparation of schemes and execution. Provision will have to be made in the unified law for entrustment of the above items to the Panchayats.
Major changes in the irrigation laws have to be made in the State providing for participatory management, water users associations and other aspects. Several States have gone ahead with advanced legislation in this regard.
Under Entry 17 of the State List the State Legislature is competent to make laws on water that is to say water supplies, irrigation and canals, drainage and embankments, water storage and water power subject to the provisions of Entry 56 of List I.
Under Entries 14, 17 and 18 of List II, the State Legislature has competency to legislate with respect to all water within its territory but so far as inter-state rivers flowing through the state is concerned, the powers of the State Legislature shall be subject to Entry 56 of List I which means that the State Legislature’s power relating to regulation and development, inter state river waters shall be exercisable only so long and so far as the control over their regulation and development has not been taken over by a law of Parliament passed under Entry 56 List I. At present there is no law relating to inter state or inter state rivers in our state. A draft Irrigation Bill is in advanced stage of consideration in the Government. This will be included in the second report with Committee’s suggestions.
3. Fisheries
The following Acts require unification.
(i) Travancore Cochin Fisheries Act, 1956.
(ii)The Indian Fisheries Act, 1897 as amended by Indian Fisheries (Madras Amendment) Act, 1927.
Entry 5 of the Eleventh Schedule to the Constitution empowers the panchayats to frame schemes in respect of fisheries and to implement the same. The regulatory functions with respect to “Fisheries” have to be entrusted to local bodies. A new law will be suggested in the second report.
4. Canals and Ferries
The following Acts require unification.
(i) The Travancore Public Canals and Public Ferries Act, 1096.
(ii) The Madras Canals and Public Ferries Act, 1980.
(iii) The Cochin Ferries and Tolls Act, 1082.
(iv) The Cochin Public Canals and Backwaters Navigation Act, 1 of 1092.
Under Entry 13 of the 11th Schedule to the Constitution ferries, waterways and other means of communication is an item of subject entrusted to Panchayats. The unified Ferries and Canals law has to provide entrustment of powers to Panchayats. A new law will be suggested in the second report.
5. Health and Hygiene
The following Acts require unification.
(i) The Travancore Cochin Public Health Act, 1955.
(ii) The Madras Public Health Act, 1939.
The unified law has to be taken into account the functions entrusted to Local Self Government Institutions and propose over all guiding and regulatory powers to State Government and its officers.
6. Christian Marriage.
The Cochin Christian Civil Marriage Act empowers registration of Christian Marriages solemnized in Cochin area. The Registration of Birth and Death and Marriage Act (Central Act) provides for the registration of christian marriage solemnized in Malabar area. There is no such law applicable to Travancore area. It will be considered whether a unified law on the above subject may be enacted and this will be considered in the second report.
7. Societies Registration.
The following Acts require unification.
(i) The Travancore Cochin Literary Scientific and Charitable Societies Registration Act, 1955.
(ii) The Societies Registration Act, 1860.
This will be proposed in the second report.
8. Epidemic Diseases
The following Acts require unification.
(i) The Travancore Epidemic Diseases Act, 1073.
(ii) The Cochin Epidemic Diseases Act, 1072.
This will be included in the second report as part of the Public Health Law.
9. Medical Registration.
The following Acts require unification.
(i) The Travancore-Cochin Medical Practititioner’s Act, 1953.
(ii) The Madras Medical Registration Act, 1914.
This will be proposed in the second report.
10. Prevention of Begging
The following Acts require unification.
(i) The Travancore prevention of Begging Act, 1120
(ii) The Cochin Vagrancy Act, 1120.
(iii) The Madras Prevention of Begging Act, 1945.
This will be considered in the second report.