Bare ActsThe Kerala Irrigation and Water Conservation Act, 2003

Section 81

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

Power of entry, inspection etc—(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) 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 c case may be, may, with or without assistance of workmen, enter upon any and adjacent to such work and execute the work necessary for the purpose of repairing such damage or preventing danger to the irrigation work (3) 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. (4) 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. 82 Power to summon and examine witness—(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) 83 Protection of action taken in good faith —(I) No suit, prosecution or other legal proceeding shall lie against any person for anything which is done m good faith or mtended 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 .

Section 81 – The Kerala Irrigation and Water Conservation Act, 2003 | DailyLaw.ai