Agrarian Development Act 2000 · As enacted · Part VII · Irrigation Work and the Management of Irrigation Water
83. Interference with the protection of irrigation work
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
The Commissioner-General may, if it appears to him that any person has—
blocked up, obstructed or encroached upon or caused to be blocked up, obstructed or encroached upon, damaged or caused to be damaged, any irrigation channel, water course, bund, bank, reservation tank, dam, tank-reach or irrigation reserve; or
wilfully or maliciously caused the waste of water conserved in any irrigation work; or
without the prior written approval of the
Commissioner-General carried out any cultivation in, or removed earth from or caused earth to be removed from, a tank, canal within the catchment area or from a minor irrigation channel, water-course, bund, bank, reservation tank, dam, tank-reach or irrigation reserve, make an order requiring such person to take such remedial measures as are specified in the order.
For the purpose of ensuring compliance with the provisions of an order made under subsection (1), the
Commissioner-General may seek the assistance of the Peace
Officer within whose area of authority such channel, canal, water course, bund, embankment, reservation tank, dam, tank-reach or irrigation reserve in respect of which such order is made lies, and it shall be the duty of such Peace Officer to render such assistance as is sought and the Peace Officer may for such purpose use such force as may be necessary to ensure compliance with such order.
Every person who fails to comply with an order under subsection (1) shall be guilty of an of an fence undoer this
Act.
A certificate issued by the Commissioner-General to the effect that the person specified in the certificate has failed to take the measures specified in an order made under subsection (1), and committed the acts specified therein shall be prima facie evidence of the facts stated therein.
Part VIII