Law relative to maintenance of systems for irrigation and drainage (No. 12 of 1995)

LAWS . . In the Name of the People The Revolutionary Command Council Resolution No. (72) Date 16th Rabia AI- Awal- 1416 H. 12-8-1995 A.D. D· The farm streams - are Irrigation channels carrying water from the secondary strea ms to the farm Immediatly, 3econdly - The Drainage Networks are consisted of In accordance with the provisions of Para (A) of Article (42) of the constitution. The Revolutionary Command Council have decided to promulgate the following Law: Law No. (12) of 1995 The Law of Maintaining the Networks of Irrigation and Drainage Chapter One: The aims of the law Article one Farm Drainage - are opened or covered dra inages to drain the drainage water from the farm to the assembly drainages. s- The Assembly drainage are opened or cover ed drainages f~'assemble the waters of farm drainages. C- The secondary drainages - are drainages car rying water from assemble drianges to the main or branch drainages. D- Branch drainages - are drainages carrying This, law aims at maintaining the Networks of 11' rigation and drainage, their establishment and the insurance of their administration and opera tion according to the designs put thereto, the pro, teetion of the Irrigated agricultural lands of the prejudice of negligence, salting, the fertility re ducti'on, and the definition of the responsible au thorities to do the same. water from the secondary drainages to the main drainages immediately. The main drainages : are drainages carrying the draining water from the lands of an agri cultural project or more to a general mouth. or steppies the evaporation Basins or any other outlet. tural project or more to a general mouth or steppies or the evaporation basins or any other outlet. The Networks of Irrigation and drainag Article Two F · tl Th Irri t' N t k h 11 be . Third!ly - The following establishment shall beIrs y: e ga IOn e wor s 8 a consi t d f joined with the Irrigation and drainage net se o. works: Chapter Two ject. The branch streams - are the Irrigatio channels. carrying water from the main the branch streams. C- The Secondary Streams - are 'Irrigatio channel carrying water from the branch str, earns, to the farm streams. A- The main streams ~ are the Irrigationchanne A- Irrigation Establishements are covering the carrying water from the watering sources to the branch streams or the agricultural pro- pumping stations, the main and branch and cutting off systems, their attachements of Iron doors and networks and otherwise, as weli as the different outlets of Irrigation, falls, escarpments, and bridges. 3- The Drainage Establishmente - are coverning al the pumping stations mouths and bridges or any other establishement enlisted within designs. 13 The Official Gazette No. (21) 2 22-5-1996 LAWS ArUeIe Three D. The main branch, and secondary rotrea1.LlS of ster of Irrigation.sued by Mini a drainage (400 litre / Second and more, the branch and secondary drainages, their est ablishments and pumping Elations. econdly : The farmer shall' be responsible for Chapter - 8 . their Exploitation B- The laws of service, pension and labour shall, not be valid on those covered by the provi sions of para. (A) of this Item. . Article • 6 C- The main streams and drainages defined: by Th f h 11 be . .e armer s a restricted WIth the fol the design maps with their establishrnen owing: and tho pumping station situated thereup on. irstly A- The applylng of the agricultural rl~Jlsi The Management of Agricultural Lands and B- The main drainages and mouths and evapora tion basins. Firstly : The General Body to Operate the Irriga tion projects which wiH be known thereinafter with (Body) and the Irrigation Directorates in the governorates shall be responsible 0 maintaining the following rivers, streams, dralnanges and their establishements. A- The natural rivers. Article Five the maintaining the branch streams which their. drainage m less than (400 litre Second) and the assembled drainages serring his land, according to the direction and supervision of Irrigation body and directorates, in c0 ordination with the cooperative farmers so cieties and it is meant by "farmer" for the purposes of this law, landowner or the one one has the right disposal therein or its le, asee or the farmer distrfbuted thereupon or the contractor with the aggrarian reform. The authority implementing the projects of of land reform shall inform the user authority Thirdly : A- The water observers shall be in the two ministries of Irrigation and Agricul. appointed to supervise ture with the date of handing over the reformed over the distribution of the str lands and their area before aperiod not less than earns Internal water, and in the number de (180) days and the user authority shall put the fined by the Irrigation departments in the required plans to define the area of distribution projects and their wages shall be paid by unit and the kinds of agricultural hold ings and the users of the water for each administra, their places. tives unit or project and the way of their nomination, appointment the disbursement, of their wages, their dutiee and whatever concerning with their affairs, and organiz ing their contracts with on Instructione is ing their contracts with Instructions issued by Minister of Irrigation sued by Mini ster of Irrigation. Article Four ectory to manage, operate, and maintain th projects, provided that the directory shall be re ady at the project completion or the first level of its levels, and shall be handed to the authority responsible for operating and maintaining the project, and handed with the directory agroup of the implemented project maps really. The departments undertaking the standin and putting the designs of Irrigation and drainage projects shall carryout the organization of a dir, The Official Gazette No. (21) 3 22-5-1996 .-- -~~--- . ---.,... ----~---......- LAWS ty, and this means theratio which can foomed really of land according nature and the water share to in summer and winter. B- The right use of water within times defined b B- The lands which be reformed partially, and its meant by the partial reformation for this purposes, the existence of the main and branch networks of drainage. 1- The a.gricultural lands watered in flow or by away owned by the state, 22-5-1996 aring. 4 The orchard. watered in flow or in a away owned by the state, The lands invested for the projects of fish rc D- The obligation with water shares decided b virtue of special designs of the project Secondly : A- The non-prejudice of streams, dra inages, Irrigation establishment and the gat- ondly: The parts of one donum or the area es concerning therewith. which is less than on Donum shall not be B- The abstinence from the expansion in gardens eubject to the wages collection. establishement in contradiction with the ra- 'dly: Half of the wage decided on the agri tio defined for horticulture in the projec cultural land or the orchard shall be collect designs. 00 if it was watered in a mean not owned by C- The abstinence from investing the lands f the state .... the purposes of quarries or fish basins 0 ourthly: The farmer or any body responsible for Industrial and service purposes on the for the land or the orchard of the partners rivers banks unless after getting the consen shall be entrusted with the paying of wage of the Minircry of Irrigation. defined in the two Items (Firstly) and D- The abstinence fom putting any IrreguJa I1l':4!'-,.(,Thil'dlY) of this Article. y : The wage defined in the two Items transverse, or establishments or passroads in the networks of Irrigation and drainage. (Firstly) and thirdly of this article in care A.r1?cle 7 of its non.payment after the passing of Firstly A fixed annual wage shall be collec (90) day, of the date of claiming therein. during the first quarter of each year about ixthly : The agricultural land or the Orchard the watering of the one donum of the land or the seashore shall be exempted from the area according to ratios and conditions de- wages IS case of water stopping there upon cided by the Council of Ministers and for or the impossibility of its, cultivating for each case of the caees below: reasons beyoned the farmer will. A- The reformed lands Totally: Article Eight: 1- The agricultural lands Irrigated by flow 0 The Directorates of Irrigation in the gover orates shall undertake the collection of wages away owned by the State. d ldeci ad by virtue of this law and registered in or by away owned by the state. th . : ;:-~ ~ e lr J la::.n,:,:l.:.e-=a:.s t:ru=s:te:e::s:....:a:.:n:d:",:e~x;pe~n~d~e~d~on~~th~e 1'he Official Gazette No, (21) the Irrigation departments, especially, water ing andIrrigation during the night and the 2- The orchard or the reashore watered in flow non stepping of water from the Irrigation C- Non-reformed lands:, streams to the drainages net works, 1- The agricultural lands watered in flow 01' C- The maintaining of the farm drianges an by away owned by the state. their mouths. LAWS in the governorates the authority Judge for visions and resolutions issued according to the Item (Firstly) of this Article during (30) days of the date of his informing there with or considered as informed before a pel' menant Body under the presidency of acting Minister or the membership of one of th: technicians in the Ministry his grade is net less than Adirector General and adirector cZ the purpose of the fine stipulated thereon in Article (10) of this law, and if it de crr.ed for anyone of them that contraven tion obliges the imprisonment punishment then he may imprison the contravener and referring him to the competent court. the Irrigation directors shall be granted of misdemeanors condly : It is permissible to object in the pro ty - There shall be punished in a fine not less than (1000 dinars and not exceeding 5000 dinars with the compensation of the compensation of the prejudices if any each one contravened the provisions, of any ,),10 of the two Items (Firstly) and secondly of Article (6) of this law and the imprisonment punishment shall be for a period not ex ceeding six months with the compensation of the prejudices if any for any body repeating his contravention to the provision:' of It-31.1 (Secondly) of the article itself: Secondly: In addition to the punishment decidd in Item (Firstly) of this article the farme" contravened the provisions of para. (::) of Hem (Firstly) of Article (6) of this lav. shall be punished with a fine estimated 108 dinars on each donum of hie lands in the case of the contravention repetition. Chapter 4 "Punitive provisions" crued in his debt according to the proyi sian of Item (Firstly of this Article, then he shall be alarmed by the obligation of their paying, and in case of non.paymen during (30) days from the date of his in forming with the alarm, them the sum In debted shall be increased by ratio of 50% and if he didnt pay within (30) days then if will be gotten fr orn the farmer ac cording to the provisions of the Law of Getting the Government Debts No. (56) of 1977. operation, maintenance and improvement 0 Irrigation and driange net works and the paying of the water observers wages whom they in the cadre of Ministry of Irri gation after the discounting of not less than 5% and not exceeding (20~"( there from to distribute it as oreward for the the distinguished affiliates working in the Irri gating units of those who operating the Ir rigation networks by virtue of Instructions issued by Minister of Irrigation Article - 10 ,;, Secondly : If the farmer didnt pay the sums ae Firstly In the case of not undertaking by the farmer the maintenance of any part of the steam or the drainage or the creation serves his land lies within his responsibility, ac cording to the provision of Item (Secondly) of Article (Five) of this law, the Irrigatio lele - 11 body and the directorates shall undertake tI1elli·h...t1y - The Director General of the Body and maintenance of that part, and the mainten ance costs shall be collected therefrom b the prevalent prices adding thereto the. ad minstrative loads in ratio of (20Ofc) there from accounted on the total cost. Article - 9 , The Omcial Gazette Noo (21) 5 22-5-l!)!~G LAWS Chapter Five eurrence. directors of Irrigation and drainage projects in the governorates in case of their non-se ttlement of the contraventions cases referred thereto during (30) days of he referring date without legal execuse and the Director General of the Body shall undertake the imposition of the mid fine on the officials entrusted with the observing, following up, and the controlling of the contraventions in in the case of their neglecting their control or the informing thereon or their following up during (15) days of the date of their oc Thirdly - The report submitted by the competen official in the Irrigation Department in the region which the contravention committed therein rhall be considered as an enough evi denceif the responsible engineer has confir med him unless he makes a contravened evidence and the competent authority may review in the request the presence of the report organizer before it to discuss with him thereon. Article - 12 • :- . -Secondly: The Minister of Irrigation shali lllider I:gal affairs a~d. undertakmg th~ review- take the imposition of the fine stipulated mg of the p~ovlSlon~ .and. resolutio~ ~d in Item (Firrttly) of this article ..on the Irri taking the final decision in the objection gation directors in the governorates and the therein according to the criminal proce dure law No. (23) of 1971 and the body decision shall be final. General and Final Provisions (70%) for each on of the technical Report 'submitter and the Official of Irrigation, en gineers, technicians and those working in the Irrigation department ~ the Qada or' Nahiya in ratios according to the respon sibility and the effort. gisteredof the fine as a revenue for the Mini stry of Finance. ondly :.There shall be granted by an Instruc tions iseued by the Minister of Irrigation the residue of the fine stipulated in Item (Firstly) of this Article on the following as pect. (30%) to the Rapporteur of the contraven tion. The Directorates. of Irrigation in the gover norates and the projects Depart ments each one shal be Article 14 its specialization responsible fo tly : (40Cfc) of each imposed fine shall be re the observation and following up the imple, gistered according to the provisions of mentation of the provisions of this law, and Article (10) of this law as a trust in the referring the contraveners to the authorities name of the project management in rela defined therein to investigate with him, and tion 'and shall be disbursed on its opera the administrative units, the Implementa- tion and maintence and (200;0) shall be re / tion Directorates and the police Depart ments shall undertake the foHowing up of the procedures of Implementing the provi sions of. this law within their specializa Firstly : In case that the entrusted official do es not achieve the observation and the fo owing up of the implementation of the pro visions of this law, and the referring of th contravenors to the competent authorities, he shall be punished with the fine decided for the contravention of a relation and that does not violate the imposition of the puni shement decided on the contravener. LAWS Article - 15 The costs and wages stipulated in this Law rnall be collected according to the provisions of the Law of getting the governmental debts N . plus que Ie .citoyen meme, (65) of 1977 Article - 16 The Minister of Irrigation may Issue an In-structions to facilitate the Implementation of the provisione of this Iaw, Article - 17 The law of maintaining the Irrigation andDrainage networks and the protction of reformed lands No. (112) of 1983 shall be abrogated and the Instructions Issued by its virtue shall re-main valid: in what not contravening the provi sions of this law till the iseuance of what haverepleces thereof. Arl'cle - 18 This law shall be Implemented from thedate of its publication In the Official Gazette. Saddam Hussain Chairman of the Revolutionary Command Council (Published in the Alwaqai Aliraqiya (Ar; Edit.,) No. 3578 of 28-8-1995). The Official Gazette No. (21) "I