Bare ActsThe Kerala Irrigation and Water Conservation Act, 2003

Section 31

Amendment status not verified — confirm the current text below against the official source.

Procedure on failure to contribute cost or labour for work to be done by joint labour—(1) Where, by local custom or for any other good reason, any work connected with irrigation or flood control or drainage of water for the purpose of agriculture is to be done by the joint labour or at the cost of £ owners of all the lands likely to be benefited by such work, and where any of such owners fails or neglects to do his share of the work or contribute his share of the cost of labour, it shall be lawful for the Collector, or the Punja Special Officer, appointed by Government in this behalf or any other officer authorised n by the Government, on the application of one or more of the owners interested in such work or injured 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 owner to execute any portion of such work or pay any portion of the cost of the work, (2) An order directing that the defaulting owner shall execute the portion of the work shall also 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 prepared in such manner as may be prescribed. (3) Where the defaulting owner refuses or fails to execute such work within the time specified in the order under sub-section (1), the Collector, the Punja Special Officer or such other officer authorised by the Government under that sub-section may entrust the work to be executed by some other person, and the cost thereof may be recovered from the defaulting owner in such manner as # may be prescribed 32 Dewatering etc of Padasekharam—(1) Where the committee of a padasekharam applies to the Collector, the Punja Special Officer or any other officer authorised by the Government in that behalf, to arrange for the dewatering of that padasekharam for the purpose of paddy cultivation, it shall be lawful for the Collector, the Punja Special Officer or such other officer to arrange for the dewatering of such padasekharam and to recover the cost of such dewatering from all the owners of such padasekharam: Provided that arrangement for dewatering shall not be made unless the Irrigation Officer has certified, after due investigation, the safety of the land in a padasekharam (2) The Collector, the Punja Special Officer or the officer authorised under sub-section (1), arranging dewatering of any padasekharam under the said subsection or any person or persons authorised by him to undertake such dewatering work shall, notwithstanding anything contained in any other law for the time being in force, have the power to enter upon any field in that padasekharam and to install any machinery for the purpose of such dewatering and to execute any temporary work incidental thereto. (3) Where cultivation in any padasekharam or in any portion thereof is likely to be affected for want of proper irrigation or drainage facilities, the Collector, the Punja Special Officer or the officer authorised by the Government under sub-section (1) shall have the power to arrange for the execution of any temporary work as is necessary to irrigate or drain the padasekharam or any portion thereof, as the case may be, and the cost thereof shall be realised from all the owners of the padasekharam Explanation —In this section and in section 33 and 34,— (i) “committee of padasekharam” means the committee of the owners of padasekharam constituted in such manner as may be prescribed, and (n) “padasekharam ” means collection of paddy fields contiguously situated, whether owned by one or more than one person

Section 31 – The Kerala Irrigation and Water Conservation Act, 2003 | DailyLaw.ai