Vidhi Codex

Bare Act

The Irrigation and Water Conservaton Act, 2003

Infrastructure200395 sections14 chapters

This legislation regulates the construction, maintenance, and safety of irrigation systems, dams, and natural watercourses across the State of Kerala. It applies to landowners, farmers, local authorities, and government agencies involved in agricultural water usage and infrastructure development. The Act establishes state ownership over public watercourses, empowers authorities to levy water cesses and betterment contributions on benefited lands, and creates water users associations to involve farmers directly in local water management. Furthermore, it sets up the Kerala Dam Safety Authority to monitor and inspect dams for public safety. Ultimately, it matters because it ensures equitable water distribution, protects vital infrastructure, and promotes sustainable agricultural growth.

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 and petty irrigation works

Chapter IV CONSTRUCTION AND MAINTENANCE OF FIELD CHANNELS →

  1. 15Alignment 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 Padesekharam
  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.

Chapter XII CONSTITUTION OF DAM SAFETY AUTHORITY →

  1. 57Constituition 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. 69Power of the Authority to make regulations

Chapter XIII PENALTIES →

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

Chapter XIV MISCELLANEOUS →

  1. 78Application of the provisions of the Act to minor and petty 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 etc.
  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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