Irrigation (Amendment) Act 1983

Section 65 of the Irrigation Ordinance (hereinafter referred to as the “principal enactment”) is hereby repealed and the following section substituted therefor :—

“ Removal of

65.

of section 65 of Chapter 453,

Where any person obstructs or obstruction or encroaches upon any ela, channel, water-encroachment course or tank, or causes damage to any ela, toaaseee channel, watercourse or tank or any

If any person served with a notice under subsection (1) refuses or neglects to comply with the requirements of such notice within the specified time, or if there is any doubt as to who is the proper person to be served with such notice, it shall be lawful for the Government Agent to cause such obstruction or encroachment to be forth-

The following new caction is hereby inserted immediately after section 66 of the principal enactment and shall have effect as section 66a of that enactment :—

“ Contraven-

66a. Where any person—

tion of the

-

provisions

cultivates any land in contravention of section 11

obtains water from any-irrigation works in contravention of the provisions of section 11 or any regulation made under section 64

refuse the supply of water to the land referred to in paragraph (a) ;

collect the harvest from the land cultivated by obtaining water in the manner set out in paragraph (b) ;

recover from such person the loss incurred by the cultivator referred to in paragraph (b), and the value of the irrigation water obtained under that paragraph and compen-sate such cultivator with the money so recovered. The amount of the loss so incurred and the value of the irrigation water so obtained shall be assessed by a technical officer of the Irrigation Department on the basis of the extent of land that could be irrigated with such irriga-tion water and the average yield per acre in the area in. which such

. Section 78 of the principal. enactment: is hereby amended as. follows :—

Amendment-of section 78 of the principal enactment.

Cc wel

in subsections (1) and (2) of that section, by the substitution, for the ‘words “under this Ordinance by a person other than an allottee or tenant cultivator”? wherever those words occur in those subsections, of the words “under this Ordinance by. a person other than an allottee or a tenant cultivator.

by the substitution, for the marginal note to-that section, of the following marginal note :—

Section 78a of the principal enactment inserted therein by Act No. 48 of 1968, is hereby amended as follows :—

in subsection (1) of that section, by the substitution, for all the words from “Where default is made in the payment” to the words “or a tenant cultivator”, of the words “ Where default is made in the payment of any contribution of money or other sum due or deemed to be due under this

in subsection (3) of that section, by the substitution, for all the words from “the Government Agent shall certify” to the words “other sum was due is situate,” of the words “the Government Agent shall certify to the Magistrate’s Court, having 3—A 69788 (83/05)

by ‘the addition, at the end of that section, of the following subsection :—

by the substitution, for the marginal note to that section, of the following marginal note :—

Section 94 of the principal enactment is hereby.

amended by the substitution, for all the words from “ shall be guilty of an offence” to the end of that section, of the words “shall be guilty of an offence triable by the

Magistrate’s Court having jurisdiction over the place where the offence was committed, and the institution of any proceeding therefor shall be deemed not to affect in any way his civil liability to the person injured by his act or omission. ”.

Section 95 of the principal enactment is hereby amended, by the substitution, for the words “ Rural Court”, of the words “ Magistrate’s Court. ”,

Section 96 of the principal enactment is hereby amended by the omission of the words “or the Rural

Court ”.

by the substitution, for all the words from “In addition to the powers vested” to the words “ shall have the following powers:—” of the words

in subsections (1), (2) and (3) of that section, by the substitution, for the words “Rural Court”

by the substitution, for the marginal note to that section, of the following marginal note :—

Section 110 of the principal enactment is hereby repealed and the following section substituted therefor :—

‘ Irrigation

110. (1) A Fund to be called the Irrigation

Fines Fund. — Fines Fund (hereafter in this section referred to as the “ Fund”) is hereby established.

There shall be paid into the Fund all fines and penalties imposed under this Part and all expenses recovered under section 66.

There shall be paid out of the Fund such sums of money as the Secretary to the

to repair any damage caused to any irrigation structure ;

to pay compensation in respect of any loss incurred by an allottee, or a tenant cultivator or an owner cultivator

to meet the expenses incurred in assessing the damage referred to in paragraph (a) or the compensaticn referred to in paragraph (b).

The Secretary to the Ministry of the

The accounts of the Fund shall be audited by the Auditor-General in accordance with Article 154 of the Constitution.

The financial year of the Fund shall be the calendar year.’.

Section 118 of: the, principal enactment. is hereby amended, by the insertion, immediately after the definition of “tract” of the following definition :—

‘“ unauthorized cultivator

” means—

a cultivator of: any State land not alienated under the Crown Lands Ordinance or the

a cultivator of any State land alienated to an allottee under the Crown Lands Ordinance or the Land Development Ordinarice.or any other enactment and has been abandoned or unlawfully disposed of by such allottee.