IRRIGATION ORDINANCE

Arrangement of Sections

1. Short title.

1A. Powers and duties of Commissioner.

PART I

IRRIGATION RATES

2. Irrigation rates.

2A. Power to exempt certain lands from irrigation rate.

2B. Farmers' Organisation to impose a levy.

PART II

DISTRICT AGRICULTURAL COMMITTEES

3. Constitution of district agricultural committees.

4. Duties of the district agricultural committees.

5. Regulations.

PROJECT MANAGEMENT COMMITTEES

5A. Project Management Committees in respect of specified major irrigation work.

ADVISORY COMMITTEES

6. Advisory committees in respect of major irrigation works.

7. Repealed.

8. Repealed.

9. Repealed.

10. Repealed.

PART III

MEETINGS OF PROPRIETORS

11. Powers of Farmer's Organisations and of allottees, tenant cultivators and proprietors.

12. Powers of Farmer's Organisations* with respect to Manawari lands.

13. Repealed.

14. Approval and publication of rules.

15. Approval of resolutions.

16. Repealed.

17. Repealed.

18. Proxies.

19. Summoning of meetings.

20. Notice of meetings.

21. Constitution of meetings.

22. Presiding officer.

PART IV

FARMER'S ORGANISATIONS AND THEIR AGENTS

23. Duties of Farmer's Organisations.

24. Farmer's Organisations agents.

25. Mode of recovering expenditure incurred by Farmer's Organisations and their agents.

26. Repealed.

27. Repealed.

28. Repealed.

29. Repealed.

30. Repealed.

31. Repealed.

32. Repealed.

PART V

CONSTRUCTION AND MAINTENANCE OF IRRIGATION WORKS

GENERAL PROVISIONS

33. Irrigation schemes.

34. Scope of irrigation scheme.

35. Notice of approval by Commissioner of irrigation schemes and variation of irrigation rates.

36. Repealed.

37. Repealed.

38. Repealed.

39. Repealed.

40. Repealed.

41. Repealed.

42. Repealed.

43. Repealed.

44. Saving of mutual rights and obligations of state and proprietors.

45. Saving of rights of the State.

SPECIAL PROVISIONS APPLICABLE TO MAJOR IRRIGATION WORKS

46. Confirmation of scheme.

47. Rates to be variable in accordance with scheme.

48. Repealed.

49. Repealed.

50. Specifications.

51. Procedure in case of default in making specification.

52. Repealed.

53. Seepage rates.

54. Irrigation and drainage by mechanical appliances, and rates therefor.

55. Special irrigation rates.

56. Maintenance rates.

57. Power to exempt work from maintenance rate.

58. Consolidated irrigation rates.

59. Power to remit rate.

60. Payment of contributions in kind.

61. Confirmation of scheme.

62. Defective maintenance of minor irrigation work connected with major irrigation work.

63. Defective maintenance of other minor irrigation works.

PART VI

PROTECTION OF IRRIGATION WORKS AND CONSERVATION OF WATER

64. Regulations for the protection of works and conservation of water.

65. Removal of obstruction or encroachment and repairs to damage.

66. Recovery of expenses.

66A. Contravention of the provisions of section 11 or any regulation made under section 64.

67. Reference to arbitration.

68. Representation of cultivators.

69. Arbitrators.

70. Duty of arbitrators.

71. Award of arbitrators.

72. Fees.

73. Enforcement of award.

74. Power of Government Agent to carry out order of arbitrators.

75. Liability where irrigation work is damaged or water is used without authority or is wasted by a person who cannot be identified.

76. Repealed.

PART VII

RECOVERY OF MONEY DUE

77. Payment of contributions.

78. Recovery of contributions, from persons other than allottees, tenant cultivators, owner cultivators and unauthorised cultivators.

78A. Recovery of contributions from allottees, tenant cultivators, owner cultivators and unauthorised cultivators.

79. Notice of seizure and sale.

80. When seizure of land not to be made.

81. Property exempt from seizure and sale.

82. Movables to be sold first.

83. Sale of immovable property.

84. Upset price.

85. Keeping a person in charge of property seized.

86. Costs of seizure and sale.

87. Steps to be taken after sale.

88. Power to purchase on behalf of the State.

89. Cancellation of sale.

90. Resale by State.

91. Summary ejectment of persons in unlawful possession of land sold under this Part.

92. Lights of mortgagees

PART VIII

OFFENCES

93. Causing obstruction or damage to irrigation works or waste of water, or encroaching upon irrigation works.

94. Default, negligence or malicious acts of Farmer's Organisations agents.

95. Resisting Farmer's Organisations or Farmer's Organisations agents in the execution of their duty.

96. Breaches of rules or regulation or of established customs.

97. Repealed.

TRIAL OF OFFENCES

98. Powers of Magistrate's Court.

99. Repealed.

100. Repealed.

101. Repealed.

102. Repealed.

103. Repealed.

104. Repealed.

105. Repealed.

106. Repealed.

107. Repealed.

108. Repealed.

109. Repealed.

110. Irrigation Fines Fund.

111. Repealed.

112. Repealed.

PART IX

GENERAL

113. Acquisition of land.

114. Appointment of officers by Government Agent.

115. Plan or survey of channels, watercourses and tanks to be conclusive.

116. Validation of variable irrigation rate in respect of certain lands.

117. Regulations.

118. Interpretation.

119. Savings.

SCHEDULE

32 of 1946,

37 of 1973,

1 of 1951,

48 of 1968,

23 of 1983,

34 of 1990,

13 of 1994.

AN ORDINANCE to amend and consolidate the law relating to Irrigation.

[Date of Commencement: 1st November, 1946]

1. Short title.

This Ordinance may be cited as the Irrigation Ordinance.

1A. Powers and duties of Commissioner.

(1) The Commissioner shall be responsible for the general supervision and control of Government Agents in the exercise and discharge of the powers and duties conferred and imposed upon them by this Ordinance.

(2) The Commissioner may from time to time give general or special directions to a Government Agent as to the performance of his duties relating to the administration of this Ordinance and may direct or authorise any question of doubt or difficulty in connection with such duties to be referred to the Commissioner for decision.

(3) Any direction or decision of the Commissioner shall be observed and given effect to by the Government Agent concerned.

(4) In the exercise of his powers and in the discharge of his duties under this Ordinance, the Commissioner shall be subject to the general direction and control of the Minister.

[S 1A ins by s 2 of Act 48 of 1968.]

PART I

IRRIGATION RATES

2. Irrigation rates.

(1) An irrigation rate under this Ordinance, with reference to any land to which it relates, is a charge in favour of the State imposed upon the land in respect of water supplied, or to be supplied to such land or in respect of the cost of or incidental to, the construction or maintenance of any major irrigation work benefiting or intending to benefit, such land, or of all or any of such matters in combination:

Provided that, with reference to any extent of paddy land in respect of which there is a tenant cultivator, the irrigation rate shall be payable by him instead of the proprietor, and with reference to any extent of paddy land in respect of which there is an allottee or tenant cultivator, the irrigation rate shall be deemed to be a charge in favour of the State imposed not upon the land but upon such allottee or tenant cultivator in respect of water supplied, or to be supplied, to such extent of paddy land or in respect of the cost of or incidental to, the construction or maintenance of any major irrigation work benefiting or intended to benefit, such extent of paddy land, or of all or any of such matters in combination.

[S 2(1) am by s 3(1) of Act 48 of 1968.]

(2) Any charge referred to in subsection (1) may be imposed by the Government Agent whether by way of provision in the scheme of a major irrigation work or otherwise, and may be varied by him from time to time:

Provided, however, that any charge imposed upon an extent of land in respect of which there is an allottee or tenant cultivator shall be deemed to be imposed upon such allottee or tenant cultivator; and

Provided, further, that in respect of any major irrigation work any existing charge imposed—

(a) by the instrument under which the land was granted, leased, held or occupied; or

(b) by express agreement between the State and the owner, lessee, tenant or occupier of the land; or

(c) by resolution of the majority of the proprietors of the irrigable area or tract in which the land is comprised; or

(d) by any other method by which an irrigation rate may have been duly imposed,

shall be deemed to be the charge imposed by the Government Agent.

[S 2(2) subs by s 3(2) of Act 48 of 1968.]

(3) Any charge referred to in subsection (1) may be either conditional or unconditional, and may be either for a fixed amount, or may be subject to estimate, measurement or variation.

[S 2(3) subs by s 3(2) of Act 48 of 1968.]

(4) Every charge referred to in subsection (1) with reference to land other than land in respect of which there is an allottee or tenant cultivator shall be binding on the land and every part thereof; and such land and every part thereof, and the proprietors of such land and every part thereof, shall be liable for the payment of the said charge into whosesoever hands the ownership, possession, tenancy, or occupancy of such land or any part thereof under any circumstances may at any time pass, until such charge is extinguished, and notwithstanding anything to the contrary in any written law other than this Ordinance, such charge shall have priority over all mortgages, hypothecations, incumbrances, and charges whatsoever, whether antecedent in date or otherwise, affecting the land.

[S 2(4) am by s 3(3) of Act 48 of 1968.]

2A. Power to exempt certain lands from irrigation rate.

Where any Farmers' Organisation which has taken over the operation and maintenance of the whole or part of the distributary canal system of an inter-provincial irrigation and land development scheme requests that lands within the jurisdiction of such Organisation be exempt from the payment of the irrigation rate imposed under subsection (1) of section 2, the Divisional Secretary of the Divisional Secretary's division within which such lands are situated may, by Order published in the Gazette, direct that for such period, and subject to such terms and conditions as may be specified in the Order, the lands within such area specified in the Order shall be exempt from payment of the irrigation rate imposed under subsection (1) of section 2.

[S 2A ins by s 3 of Act 13 of 1994.]

2B. Farmers' Organisation to impose a levy.

(1) Any Farmers' Organisation which has taken over the whole or part the operation and maintenance of distributary canal system and the lands within whose jurisdiction are exempted from the payment of irrigation rates under section (2A) may, impose and recover a levy of such amount in respect of such lands to cover the cost of operation and maintenance of the distributary canal system and any other work beneficial to the farming community in such area. The levy imposed in relation to a land in respect of which there is an allottee or tenant cultivator or owner cultivator shall be pay able by such allottee or tenant cultivator or owner cultivator, as the case may be.

(2) The provisions of subsection (4) of section 2 shall, mutatis mutandis, apply to a levy imposed under subsection (1).

(3) Where any levy is imposed under subsection (1) in respect of a land, the Farmers'' organisation within whose jurisdiction such land is situate shall give a written notice of the amount of levy, to the person who is liable to pay such levy under subsection (1)

(4) It shall be the duty of every person or whom a notice under subsection (3) is given, to comply with such notice within the period specified therein.

(5) Where default is made in the payment of the levy imposed under subsection (1) of this section in relation to a land, the Farmers' Organisation imposing the levy shall inform the Divisional Secretary of the Divisional Secretary's Division within, which such lab is situated in writing, and the Divisional Secretary shall proceed to recover the levy in the same manner as provided in Part VII of this Ordinance, and the provisions of that Part shall, mutatis mutandis apply to the recovery of such levy The levy so recovered by the Divisional Secretary shall be transmitted by him to the Farmers' Organisation in respect of which such default was made.

(6) Any sums recovered by a Formers' Organisation under subsection (1) and subsection (5) may be used by such Farmer's Organisation for the purpose referred to in subsection (1).

[S 2B ins by s 3 of Act 13 of 1994.]

PART II

DISTRICT AGRICULTURAL COMMITTEES

3. Constitution of district agricultural committees.

There shall be constituted in each administrative district a district agricultural committee which shall consist of a chairman, who shall be the Government Agent, and the holders of such other offices and the representatives of such interests as may be prescribed.

4. Duties of the district agricultural committees.

It shall be the duty of a district agricultural committee to advise Government Agent on all matters affecting or incidental to irrigation and paddy cultivation within the district, and on all other matters relating to agriculture, which the Government Agent may refer to the committee for advice.

5. Regulations.

(1) Regulations may be made for or in respect of all or any of the following matters—

(a) the period during which members of a district agricultural committee are to hold office;

(b) the conduct of business by the committee;

(c) the procedure to be followed at meetings of the committee; and

(d) any other matter connected with or incidental to the matters specifically mentioned in this subsection.

(2) Subject to any regulations made under subsection (1), a district agricultural committee may regulate its own procedure.

PROJECT MANAGEMENT COMMITTEES

[Ins by s 4 of Act 13 of 1994.]

5A. Project Management Committees in respect of specified major irrigation work.

(1) In respect of every major irrigation work being a part of an inter-provincial irrigation and land development scheme which is specified by the Secretary to the Ministry of the Minister in charge of the subject of Irrigation there shall be a Project Management Committee consisting of—

(a) such number of representatives of the Farmers' Organisation in that area as may be necessary to make the number of farmer representatives in the Committee not less than fifty per centum of the total membership of the Committee;

(b) a Project Manager appointed by the Secretary to the Ministry of the Minister in charge of the subject of Irrigation who shall function as the Chairman or Secretary of the Committee;

(c) a representative appointed by each of the following officers—

(i) the Director of Irrigation;

(ii) the land commission;

(iii) the commissioner of agrarian services;

(iv) the director of agriculture; and

(v) the Commissioner of Co-operative Development;

(d) representatives from any other related agencies as may be determined by the Secretary to the Ministry of the Minister in charge of the subject of Irrigation;

(e) the Divisional Secretary or Secretaries of the Divisional Secretary's division or divisions within which that irrigation work is situated.

(2) The Chairman of the Project Management Committee shall summon a meeting of the Committee as often as may be necessary and in any case before the commencement of each cultivation season.

(3) The Project Management Committee shall have the power to set up Sue Project Management Committees, where in the opinion of the Project Management Committee it is necessary for better co-ordination of the project at sub-project level. Such sub-project Committee shall be presided by a representative of the Farmers' Organisations in the Committee.

(4) It shall be the duty of the Project Management Committee to co-ordinate all project management activities at the project level and sub-project level.

(5) The Project Management Committee may by a special meeting held before the commencement of each cultivation season (hereinafter referred to as the Pre cultivation Meeting) make recommendations to the Divisional Secretary of the Divisional Secretary's division within which the irrigation work is situated or where the irrigation work covers more than one Divisional Secretary's Division, to the District Secretary on such matters relating to cultivation us—

(i) the date of the commencement of cultivation operations including ploughing, sowing and reaping;

(ii) the cropping pattern for the season.

(iii) arrangements for the annual maintenance of irrigation works, and any other matters relating to the execution of rules made under subsections (d) and (2) of section 11.

(6) The Divisional Secretary or the District Secretary, as the case may be, shall upon receipt of the recommendations of the Project Management Committee under sub section (5), summon a special meeting of the Project Management Committee (herein after referred to as the "Cultivation meeting”) and thereupon the powers conferred on allottees, cultivators or proprietors of lands within an irrigable area by sub section (5) of section 11, shall be exercised by the Project Management Committee at such meeting. The Divisional Secretary or the District Secretary, as the case may be, may call on any person whose participation is in his opinion useful, to attend such meeting:

Provided that any such meeting shall not he deemed to be valid unless at least two-third of third representatives of Farmers' Organisations in the Project Management Committee are present at such meeting.

(7) Where at a meeting referred to in sub section (6), a decision under paragraph (b) or paragraph (c) of subsection (5) of section 11 has not been arrived at whether for want of quorum or for any other cause, the power to make such decision shall be exercised by the Divisional Secretary or the District Secretary, as the case may be, who summoned the meeting.

[S 5A ins by s 5 of Act 13 of 1994.]

ADVISORY COMMITTEES

6. Advisory committees in respect of major irrigation works.

(1) In respect of every major irrigation work, other than an irrigation work in respect of which a Project Management Committee has been appointed under section 5A, there shall be an advisory committee consisting of—

[S 6(1) am by s 6 of Act 13 of 1994.]

(a) the Government Agent, who shall be the chairman,

(b) the presidents of the Farmer's Organisations in the area benefited by the irrigation work,

(c) a representative appointed by each of the following officers—

(i) the Director of Irrigation,

(ii) the Land Commissioner,

(iii) the Commissioner of Agrarian Services,

(iv) the Director of Agriculture, and

(v) the Commissioner of Co-operative Development,

(d) the divisional Assistant Government Agent, and

(e) not less than three and not more than five tenant cultivators, owner-cultivators and allottees under the Land Development Ordinance nominated by the Farmer's Organisations1 concerned.

(2) It shall be the duty of the advisory committee to advise the Government Agent on all matters connected with irrigation and paddy cultivation within the major irrigation work.

(3) The Government Agent shall summon a meeting of the advisory committee as often as may be necessary and in any case at the commencement of each cultivation season.

[S 6 subs by s 4 of Act 48 of 1968.]

7. .

[S 7 rep by s 5 of Act 48 of 1968.]

8. .

[S 8 rep by s 5 of Act 48 of 1968.]

9. .

[S 9 rep by s 5 of Act 48 of 1968.]

10. .

[S 10 rep by s 5 of Act 48 of 1968.]

PART III

MEETINGS OF PROPRIETORS

11. Powers of Farmer's Organisations and of allottees, tenant cultivators and proprietors.

(1) Subject to the provisions of subsection (4), the Farmer's Organisations1 in respect of any irrigable area or tract shall have power to make rules for all or any of the following purposes—

(a) the encouragement, extension, regulation, or management of paddy cultivation or any other form of cultivation which is capable of being benefited by an irrigation work;

(b) the enforcement of established customs affecting such cultivation;

(c) subject to the direction and control of the Government Agent, the appointment of agents and the regulation of their powers, duties, remuneration and duration of office;

(d) the regulation and assessment of the contributions of labour to be made by persons for the purposes of works for the construction or maintenance of which they are, in whole or in part, responsible, and for the payment of money by way of commutation of the liability to make such contributions; and

(e) the maintenance, conservation, protection or management of the works referred to in paragraph (d).

(2) Rules made under this section may include rules making provision for the form of cultivation known as betma cultivation.

(3) No rules shall be made under this section for any purpose for which regulations have been made under section 64.

(4) Where any irrigable area or tract falls within the area of jurisdiction of more than one Farmer's Organisations,1 the rules for any one or all of the purposes referred to in subsections (1) and (2) shall be made at a joint meeting of all such Farmer's Organisations1. The constitution of such joint meeting and the procedure to be followed therein shall be in accordance with regulations made under section 117.

(5) At a meeting of the allottees and the tenant cultivators, and where there are no allottees or tenant cultivators of any lands the proprietors of those lands, within any irrigable area or tract, a majority of those present at such meeting shall have power—

(a) by resolution to amend or rescind any resolution passed or deemed to be passed under this Ordinance, or to correct any irregularity, informality or defect in any proceeding at any earlier meeting of the proprietors or allottees, tenant cultivators and proprietors of that area or tract;

(b) to decide upon or otherwise deal with any question arising in connection with or in the operation of any scheme under this Ordinance, or any resolution passed at any meeting of allottees, tenant cultivators and proprietors under this Ordinance or at any meeting of proprietors under this Ordinance or under any previous Irrigation Ordinance, which may be referred to them by the Minister or the Government Agent; and

(c) to decide, before the commencement of the cultivation season, and subject to the approval of the Government Agent, such matters pertaining to cultivation as—

(i) the dates of the commencement of cultivation operations including ploughing, sowing and reaping; and

(ii) arrangements for the annual maintenance of irrigation works, and any other matters relating to the execution of rules made under subsections (l) and (2).

(6) Where, at a meeting referred to in subsection (5), a decision under paragraph (b) or paragraph (c) of that subsection has not been arrived at whether for want of a quorum or any other cause, the power to make such decision shall be exercised by the Government Agent.

[S 11 subs by s 6 of Act 48 of 1968.]

12. Powers of Farmer's Organisations1 with respect to Manawari lands.

[Subs by s 7(4) of Act 48 of 1968.]

With respect to manawari lands within its area, a Farmer's Organisations1 shall have power to make rules for all or any of the following purposes—

[S 12 am by s 7(1) of Act 48 of 1968.]

(a) the regulation or management of such lands, and the conservation of rain water;

(b) the enforcement of established customs affecting the cultivation of such lands;

(c) subject to the direction and control of the Government Agent, the appointment of Farmer's Organisations1 agents and the regulation of their powers, duties, remuneration and duration of office;

[S 12(c) subs by s 7(2) of Act 48 of 1968.]

(d) the regulation and assessment of the contributions of labour to be made by the allottees and the tenant cultivators, and where there are no allottees or tenant cultivators of any lands by the proprietors of those lands for the purposes of the cultivation of such lands, and for the payment of money by way of commutation of the liability to make such contributions of labour.

[S 12(d) am by s 7(3) of Act 48 of 1968.]

13. .

[S 13 rep by s 8 of Act 48 of 1968.]

14. Approval and publication of rules.

(1) No rule made in pursuance of the provisions of this Part shall have effect until it is approved by the Minister with the concurrence of the Minister charged with 1968] the administration of the Agrarian Services Act, and notification of such approval is published in the Gazette. Every rule shall, upon notification of such approval in the Gazette, be as valid and effectual as if it were herein enacted.

[S 14(1) am by s 9 of Act 48 of 1968.]

(2) Where notification of the approval of any rule is published in the Gazette under subsection (1), the Government Agent shall forthwith cause such rule to be published in the language or languages prevailing in the district in such manner as the Government Agent may in his discretion consider best adapted for bringing the terms and purport of such rule to the notice of the persons affected thereby.

15. Approval of resolutions.

(1) No resolution passed in pursuance of the provisions of this Part shall have effect until—

(a) in the case of a resolution relating to a minor irrigation work, it is approved by the Government Agent, and

(b) in the case of a resolution relating to a major irrigation work, it is approved by the Minister.

(2) Notice of the fact that any resolution has been approved under subsection (1) shall be given in such manner as may be prescribed.

16. .

[S 16 rep by s 10 of Act 48 of 1968.]

17. .

[S 17 rep by s 10 of Act 48 of 1968.]

18. Proxies.

(1) At any meeting of the allottees and the tenant cultivators, and where there are no allottees or tenant cultivators of any lands the proprietors of those lands, held under the provisions of this Ordinance or any rule or regulation made thereunder, any person entitled to be present at such meeting may, by proxy in writing, authorise any other person to represent him and to vote on his behalf, and the person who is so represented at any such meeting shall be deemed to be present thereat for the purpose of determining whether the meeting is validly constituted or whether any rule or resolution has been duly passed by a majority.

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ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 7 OF 2017


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OFFICE ON MISSING PERSONS (ESTABLISHMENT, ADMINISTRATION AND DISCHARGE OF FUNCTIONS) (AMENDMENT) ACT, NO. 9 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


NATIONAL TRANSPORT COMMISSION (AMENDMENT) ACT, NO. 6 OF 2017


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 7 OF 2017


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OFFICE ON MISSING PERSONS (ESTABLISHMENT, ADMINISTRATION AND DISCHARGE OF FUNCTIONS) (AMENDMENT) ACT, NO. 9 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


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ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 7 OF 2017


CIVIL PROCEDURE CODE (AMENDMENT) ACT, NO. 8 OF 2017


OFFICE ON MISSING PERSONS (ESTABLISHMENT, ADMINISTRATION AND DISCHARGE OF FUNCTIONS) (AMENDMENT) ACT, NO. 9 OF 2017


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