The Kerala Irrigation and Water Conservation Act, 2003
kerala · 2003
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1Inserted by Act 4 of 2006
- S. 2Section 2 defines key terms used in the Kerala Irrigation and Water Conservation Act, 2003.
- S. 3Substituted by Act 16 of 2018
- S. 4Section 4 regulates water abstraction from water courses in Kerala, requiring permits and allowing penalties for violations.
- S. 5Regulation on construction of reservoirs, anicut etc
- S. 6Section 6 prohibits river diversion, inter-basin water transfer, and sand quarrying near government irrigation structures without government permission.
Chapter CHAPTER II
Chapter CHAPTER III
Chapter CHAPTER III
Chapter CHAPTER III
Chapter CHAPTER IV
Chapter CHAPTER IV
Chapter CHAPTER V
- S. 22Mullaperiyar Kundala Malampuzha Mattupetty Walayar
- S. 23Levy of irrigation cess by Government
- S. 24Section 24 allows the government to exempt or reduce irrigation cess for failed crops in specified areas.
- S. 25Local authorities can levy irrigation cess on lands benefiting from minor irrigation works, with exemptions possible in case of crop failure.
- S. 26Allows irrigation officers to seize nearby materials for urgent repairs to prevent serious damage.
- S. 27Section 27 mandates the Irrigation Officer to compensate for materials taken and damages caused during irrigation work, with disputes referred to the Collector.
Chapter CHAPTER VI
- S. 29Section 29 regulates water distribution from government and local authority-funded irrigation works and mandates annual irrigation calendars.
- S. 30Section 30 prohibits water distribution to other states or territories without a state government agreement and legislative approval.
- S. 31Section 31 outlines procedures for compelling landowners to contribute to irrigation or drainage work when they fail to do so.
Chapter CHAPTER VIII
Chapter CHAPTER VIII
Chapter CHAPTER IX
- S. 39Section 39 mandates landowners to maintain safe bunds and surplus arrangements, with penalties and repairs oversight by the Irrigation Officer if necessary.
- S. 40Section 40 prohibits mining or quarrying within one kilometer of government irrigation works without permission, and details appeal process for refusals.
Chapter CHAPTER IX
Chapter CHAPTER IX
Chapter CHAPTER X
Chapter CHAPTER X
- S. 48The section allows the government to postpone or cancel crop failure-related betterment contributions.
- S. 49Section 49 authorizes the government to form water users' associations for farmers to manage irrigation systems and elect executive committees.
- S. 50Section 50 outlines the objectives of the Farmers' Association to promote water distribution, conservation, and efficient irrigation system maintenance.
- S. 51Section 51 outlines the functions of the Association, including water scheduling, irrigation system maintenance, and dispute resolution.
- S. 52Section 52 authorizes an association to levy and collect prescribed fees for executing its functions under the Kerala Irrigation and Water Conservation Act, 2003.
- S. 53Section 53 appoints a competent authority from Water Resources and Agriculture to implement association decisions.
- S. 54Section 54 authorizes the association to have its own resources for irrigation maintenance, funded by government grants, fees, and other sources.
- S. 55Section 55 authorizes the association to execute rehabilitation and maintenance works, while Section 56 mandates social audits to monitor water use, expenditure, and benefits.
Chapter CHAPTER XI
Chapter CHAPTER XII
Chapter CHAPTER XII
Chapter CHAPTER XII
Chapter CHAPTER XII
Chapter CHAPTER XIII
- S. 71Section 71 imposes a fine of up to 100 rupees per day for continuing violations of the Kerala Irrigation and Water Conservation Act.
- S. 72Section 72 imposes enhanced penalties for repeat offenses under the Kerala Irrigation and Water Conservation Act, 2003.
- S. 73Cost of carrying out work to be recovered from convicted persons
- S. 74Section 74 specifies that most offenses under the Act are cognizable, except for specific ones requiring a complaint from the Irrigation Officer.
- S. 75Section 75 allows the confiscation of vehicles used to transport illegally quarried sand.
- S. 76Section 76 empowers Assistant Engineer-in-charge to remove or detain persons obstructing or damaging irrigation works.
- S. 77Section 77 holds company officers liable for company offenses, with exceptions for due diligence and proof of lack of knowledge.
Chapter CHAPTER XIV
Chapter CHAPTER XIV
Chapter CHAPTER XIV
Chapter CHAPTER XIV
- S. 86Section 86 allows the Collector to recover repair costs from landowners benefiting from damage to irrigation works when the offender is unknown.
- S. 87Section 87 prohibits closing or reducing natural water collection areas without government approval.
- S. 88Section 88 allows recovery of dues under the Act in the same manner as arrear of public revenue on land.
- S. 89Decision on disputes
- S. 90Section 90 establishes a Water Management and Utilisation Board to advise the government on water regulation and distribution in specified irrigation areas.
- S. 91The section allows the government to issue general irrigation-related directions, which must be followed unless prior government permission is obtained.
- S. 92Section 92 allows the government to issue orders to resolve difficulties in implementing the Act, but only within two years of its commencement.