The Kerala Irrigation Works (Execution by Joint Labour) Act, 1967

(1) This Act may be called the Kerala Irrigation Works (Execution by joint Labour) Act, 1967. (2) It extends to the whole of the State of Kerala.

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 contiguously Situated, whether owned by one peison or two or more persons, (c) “ 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.

(1) Whenever, by local custom or for other good reason, any work connected With irrigation or drainage for purposes of agriculture 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 Government 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 such other officer authorised as aforesaid, and the cost thereof may he recovered from such defaulter.

(1) 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.

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 the District Collector, the Punja Special Officer or the ofl‘icer authorised, in writing, that they do not want the work to be executed.

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.

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.

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.

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.

(1) 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.

Any officer or person performing any functions in the implementation of this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

(1) The Government may, by notification 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 however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Section 40A of the Travancore-Cochin Irrigation Act, 1956 (VII of 1956), shall be omitted.