Vidhi Codex

Bare Act

The Kerala Irrigation and Water Conservation Act, 2003

Infrastructure200398 sections14 chapters

The Kerala Irrigation and Water Conservation Act, 2003 regulates the construction of irrigation systems, the distribution of water, and dam safety across Kerala. It applies to all water users, landholders, local authorities, and dam custodians within the state. This law matters because it establishes government ownership over natural water resources, permitting the state to manage water equitably for agriculture and electricity. By prohibiting unauthorized water extraction, river diversion, and sand mining near reservoirs, the act prevents environmental damage, ensures critical public safety, and directly empowers local agricultural farmers by involving them in managing their own water utilization and distribution systems.

Start reading →Read full ActSections

Chapter I PRELIMINARY →

  1. 1Short title, extent and commencement.
  2. 2Definitions.

Chapter II CONSERVATION OF WATER IN WATER COURSES →

  1. 3Water courses and water in water courses to be Government property.
  2. 4Regulation on abstraction of water from water course.
  3. 5Regulation on construction of reservoirs, anicut etc.
  4. 6Regulation on diversion of rivers, inter-basin transfer of water, etc.
  5. 7Prohibition of quarrying of sand in water courses.

Chapter III CONSTRUCTION OF IRRIGATION WORKS AND THEIR CLASSIFICATION →

  1. 8Construction and commissioning of irrigation works by Government.
  2. 9Consequences of construction of irrigation works.
  3. 10Payment of amount for damage etc.
  4. 11Bar to claims.
  5. 12Appeal.
  6. 13Entrustment of irrigation works.
  7. 14Construction of minor irrigation works.

Chapter IV CONSTRUCTION AND MAINTENANCE OF FIELD CHANNELS →

  1. 15Alignment and construction of field channels.
  2. 16Land owners to maintain field channel.
  3. 17Maintenance of field channels by water users Association.
  4. 18Maintenance of field channels.
  5. 19Procedure for speedy construction of field channels by Government.

Chapter V ISSUE OF CERTIFICATES AND LEVY OF WATER CESS →

  1. 20Publication of statement showing lands benefited.
  2. 21Issue of Certificate.
  3. 22Cancellation or modification of certificate.
  4. 23Levy of irrigation cess by Government.
  5. 24Exemption from payment of irrigation cess.
  6. 25Levy of irrigation cess by local authority.

Chapter VI OBTAINING MATERIALS IN EMERGENCIES →

  1. 26Impressment of materials for urgent works, repairs, etc.
  2. 27Payment for materials taken.
  3. 28Payment for damage in taking materials.

Chapter VII REGULATION OF WATER SUPPLY FOR IRRIGATION →

  1. 29Distribution of Water from Irrigation Works.
  2. 30Distribution of Water to another State or Union Territory.

Chapter VIII EXECUTION OF WORKS BY JOINT LABOUR →

  1. 31Procedure on failure to contribute cost or labour for work to be done by joint labour
  2. 32Dewatering etc. of Padasekharam
  3. 33Construction or Repair of Bund.
  4. 34Powers and duties of Collector, Punja Special Officer and the Officer authorised.
  5. 35Appeal.
  6. 36Revision.

Chapter IX SAFEGUARDS FOR IRRIGATION WORKS →

  1. 37No encroachment shall be allowed in the irrigation land.
  2. 38Interference with functioning of cross drainage works.
  3. 39Obligation of owners in respect of works affecting safety of canals.
  4. 40Mining or quarrying near certain works etc.
  5. 41Operation of sluice gates, etc.
  6. 42Fishing in reservoirs.
  7. 43Control of Navigation.
  8. 44Prohibition of letting out water from irrigation work.

Chapter X BETTERMENT CONTRIBUTION →

  1. 45Levy of betterment contribution.
  2. 46Amount of betterment contribution.
  3. 47Payment of betterment contribution.
  4. 48Postponement of payment of betterment contribution.

Chapter XI PARTICIPATORY IRRIGATION MANAGEMENT →

  1. 49Farmer's Association.
  2. 50Objects of the Farmers’ Association.
  3. 51Functions of the Association.
  4. 52Power to levy and collect fees.
  5. 53Appointment of competent authority and his functions.
  6. 54Resources.
  7. 55Procedure for taking up works.
  8. 56Social audit and monitoring.

Chapter XII CONSTITUTION OF DAM SAFETY AUTHORITY →

  1. 57Constitution of Dam Safety Authority.
  2. 58Composition of the Authority.
  3. 59Meetings.
  4. 60Vacancy in the Authority not to invalidate proceedings.
  5. 61Appointment of officers and other employees.
  6. 62Functions of the Authority.
  7. 63Grants by the Government.
  8. 64Budget.
  9. 65Annual Report.
  10. 66Accounts and audit.
  11. 67Annual report and auditors report to be laid before the Assembly.
  12. 68Members of the Authority to be public servants.
  13. 68AProtection of action and immunities from challenge etc.
  14. 69Power of the Authority to make regulations.

Chapter XIII PENALTIES →

  1. 70Penalties.
  2. 70ASpecial jurisdiction of Magistrate.
  3. 71Punishment for continuing offences.
  4. 72Enhanced punishment for second or subsequent offences.
  5. 73Cost of carrying out work to be recovered from convicted persons.
  6. 74Cognizance of offences.
  7. 75Confiscation in certain cases.
  8. 76Power to remove persons causing obstructions or damage to irrigation work.
  9. 77Offences by companies.

Chapter XIV MISCELLANEOUS →

  1. 78Application of the provisions of the Act to minor irrigation works.
  2. 79Certain private irrigation works to vest in Government.
  3. 80Acquisition of private irrigation works.
  4. 81Power of entry, inspection etc.
  5. 82Power to summon and examine witness.
  6. 83Protection of action taken in good faith.
  7. 84Certain persons to be public servants.
  8. 85Water charges for unauthorised or wasteful use of water.
  9. 86Recovery of cost of repairing of damage where offender is unascertainable.
  10. 87Closure or Restriction of Natural Water Collection.
  11. 88Mode of recovery of money.
  12. 89Decision on disputes.
  13. 90Constitution of Water Management and Utilisation Board.
  14. 91Directions by Government.
  15. 92Removal of difficulties.
  16. 93Act to override other laws.
  17. 94Power to make rules.
  18. 95Repeal and saving.

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