Chapter XIV MISCELLANEOUS

78. Application of the provisions of the Act to minor and petty irrigation works.- The Government may at the request of a local authority or otherwise, by notification, declare

(1) A private irrigation work in a river other than one vested with a local authority which is not maintained to the satisfaction of the Government or the owner of which is not known, shall vest in the Government and shall be deemed to be an irrigation work constructed by them under section 8. (2) For the removal of doubt, it is hereby clarified that no compensation shall be payable for the vesting of any irrigation work in the Government under this sub-section.

(1) The Government may acquire any private irrigation work, whether completed or not, if in their opinion such an acquisition is necessary for the proper irrigation of land or for any other purpose incidental or ancillary thereto. (2) The provisions of the Land Acquisition Act, 1894 (Central Act 1 of 1894), shall apply in respect of an acquisition under sub-section (1). (3) A private irrigation work acquired by the Government shall, for the purpose of this Act, be deemed to be an irrigation work constructed by the Government at their cost.

(1) Any officer of the Revenue Department, not below the rank of Deputy Tahsildar, or any officer not below the rank of Assistant Engineer of the Water Resources Department may, after giving notice in such form as may be prescribed, enter upon any land, with or without assistance of workmen to make any investigation, inspection, test, examination, survey or measurement of any land for the purpose of executing an irrigation work. (2) Any officer of a local authority authorised by such local authority in this behalf may, with or without assistance of workmen, enter upon any land to make any investigation, inspection, test, examination, survey or measurement for the purpose of executing any minor or petty irrigation work or an irrigation work entrusted to such local authority under section 13. (3) Where any officer referred to in sub-section (1) or sub-section (2) proposes to enter any enclosed premises, he shall give the occupier of such enclosed premise at least one day's notice in writing of his intention to do so, if the occupier denies entry on request. (4) Where any damage has been caused to any irrigation work due to accident or otherwise, or where any danger is apprehended to any such irrigation work, any officer referred to in sub-section (1) or sub-section (2), as the case may be, may, with or without assistance of workmen, enter upon any land adjacent to such work and executive the work necessary for the purpose of repairing such damage or preventing danger to the irrigation work. (5) In every case in which action is taken under this section, the officer taking such action shall fix and pay in the prescribed manner compensation to the owner of the land concerned for all damage or loss caused to such owner. (6) Where there is any dispute with respect to the amount of compensation fixed under sub-section (5), the officer shall refer the dispute to the Collector whose decision thereon shall be final.

(1) Any officer empowered under this Act to conduct an enquiry shall, while holding such enquiry have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) in respect of the following matters, namely:- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter which may be prescribed. (2) Every enquiry under this Act shall be deemed to be a judicial proceeding for the purposes of section 193 and 228 of the Indian Penal Code,1860 (Central Act 45 of 1860).

(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is done in good faith or intended to be done in pursuance of the provisions of this Act or any rule or order made or issued thereunder. (2) No suit, prosecution or other legal proceedings shall lie against the Government or any local authority or any officer or servant of the Government or of a local authority for anything which is done in good faith or intended to be done in pursuance of the provisions of this Act or any rule or order made or issued thereunder.

Any person authorised under sub-section (3 ) of section 4 or under sub-section (1) of section 26 shall be deemed to be public servant within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860).

(1) Where any person unauthorisedly uses or takes water from any irrigation work or any person authorised to use water from any irrigation work causes or occasions waste of water, such person shall be liable to pay in addition to the penalties that may be imposed on him by or under this Act, such water charges as the Collector may, on a report of the Irrigation Officer, determine, for the water used or taken unauthorisedly or wasted, as the case may be. (2) Whoever abstracts or diverts water from a watercourse in violation of the provisions of section 4 or section 5 shall be liable to pay, in addition to the penalties that may be imposed on him, by or under this Act, such amount of water charges as the Collector may on a report of the Irrigation Officer determine, for the water so abstracted or diverted: Provided that no water charges under sub-section (1) or sub-section (2) shall be determined without giving the person affected thereby a written notice specifying the proposed amount of water charges and giving him an opportunity of being heard. (3) Any person aggrieved by an order of the Collector under sub-section (1) or sub-section (2), may appeal to the Government in the prescribed manner and the Government shall decide the appeal within three months from the date of receipt of the appeal and the decision of the Government thereon shall be final.

Where the person causing any damage, alteration, enlargement or obstruction to any irrigation work without proper authority cannot, after such inquiry as the Collector may deem sufficient, be ascertained or identified, the Collector may on a requisition from the Irrigation Officer and after giving not less than one month's notice to the owners of all the lands benefited by the damage, alteration, enlargement or obstruction, as the case may be, and after hearing their representations, if any, recover from them, in such proportion as he thinks fit, the cost of repairing such damage, or of removing such alteration, enlargement or obstruction.

No person shall be permitted to close or reduce the size of any natural water collection area such as pond, thodu etc. without prior sanction accorded by Government in consultation with Soil Conservation Department.

Any amount due from any person in pursuance of the provisions of this Act or the rules made thereunder may, if the amount is in arrear, be recovered, without prejudice to any other mode of recovery, in the same manner as an arrear of public revenue due on land.

If any dispute arises as to whether any work is an irrigation work for the purposes of this Act, the dispute shall be referred to the Government for decision, and the decision of the Government thereon shall be final.

(1) The Government may, by notification, constitute a Water Management and Utilisation Board with respect to any basin or cluster of river basins or project or irrigation work or any major irrigation work, for advising the Government on matters relating to the regulation of the distribution of water from the irrigation work in that area or the major irrigation work, as the case may be, and on such other matters as may be referred to it. (2) The Board constituted under sub-section (1) shall consist of not more than twenty members appointed by the Government representing agriculturists in the area, non- officials of such interests as may be prescribed, officials and representatives of local bodies: Provided that the agriculturists and non-official members taken together shall have majority in the Board. (3) The term of office of a member, other than an official member, of the Board shall be three years from the date of constitution of the Board, unless his term is terminated earlier by the Government by notification.

(1) The Government may from time to time, give directions of a general nature, not inconsistent with the provisions of this Act, in respect of matters connected with irrigation, to be followed by any person, a local authority or a co-operative society or other society or body corporate. (2) In the performance of the functions under this Act, a person, a local authority, a co-operative society or other society or body corporate shall not depart from any direction given under sub-section (1), except with the previous permission of the Government.

(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may by order published in the Gazette, make such provisions not inconsistent with the provisions of this Act or the rules made thereunder as appear to them to be necessary or expedient for the purpose of removing such difficulty: Provided that no such order shall be issued under this sub-section after the expiry of two years from the date of commencement of this Act. (2) Every order issued under sub-section (1) shall, as soon as may be, after it is issued, be laid before the Legislative Assembly.

(1) Subject to the provisions in sub-section (2), the provisions of this Act shall have effect notwithstanding anything in any other law for the time being in force or in any custom or usage, or in any contract, express or implied, inconsistent with the provisions of this Act. (2) The provisions of this Act shall be in addition to, and not in derogation of the provisions of the Kerala Command Areas Development Act, 1986 (37 of 1986) and Kerala Water Supply and Sewerage Act ,1986 (14 of 1986).

(1) The Government may, by notification, make rules either prospectively or retrospectively to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:- (a) all matters expressly required or allowed by this Act to be prescribed; and (b) any other matter which has to be, or may be, prescribed. (3) Every rule made under this Act shall be 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 decide 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.

The Acts included in Part A of the schedule shall cease to be in force in the Malabar district referred to in sub-section (2) of section 5 of the States Reorganisation Act, 1956 (Central Act 37 of 1956), and the Acts included in Part B of the said schedule are hereby repealed: Provided that such cessation or repeal shall not affect,- (a) the previous operation of the said enactment or anything duly done or suffered thereunder; (b) any right, privilege, obligation or liability acquired, accrued or incurred under the said enactment; (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said enactment; or (d) any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Act has not been passed.