Irrigation (Amendment) Act 1994 (No. 13 of 1994)

PARLIAM,EN:T O·F THE DEMOiCRATIC SOCIALIST REPUBLIC OF SRI LANKA IRRIGATION (Al\fENUl\lENT) ACT, No. 13 ,OF 1994 [Certified on 7th June, 1994] Printed on the Order of Government Published as a Supplement to Part II of the Gazette of the Democratic Socialist Republic of Sri Lanka of June fO, 1994 PRINTED AT THE DEPAR'IMENT OF GOVERNMENT PRINTING, SRI LANXA TO BE PURCHASED AT THE GOVERNMENT PUBLICATIONS BUREAU, COLOMBO Price: 75 cents. Postage: Be. 1.00 Wn~ (Am..e.,.d.~) Act, No. 13 of 1994 [Certified on 7th June. 199'!1 L.Dr-O. 74/90 AN Acr '1'0 AMENJ).f!lE lHtilGATlO:N ORDINAN~E BE it enacted by the P... .iame.rt of the Democratic Socialist Republic of Sri Lanka as follows: 1. This Act may be' cited as the Irrigation (Amendment i Act, No. i3 of 1994. 2. The Irrigation Ordinance (hereinafter referred \u ~(~ the U principal enactment") is hereby amended by the su ;.0" titution for the expression •. Cultivation Committe.' wherever such expression occur.s in any section of Th~,l enactment, of the expression "Farmers' Organisation" 3. The following new sections are hereby inserted im mediately after section 2 and shall have effect as section and 2B respectively of the principal enactment : Sltt.;"i : J~ tiC'1"1 .:,\.-; ., (~~! 1 i ;~, ()l·~'.;l~'~~::: i ion " in Ch;..:r!"l' 4~;~ sc'ction:--: ~.-\ and ~B "Power to exempt certain lands from irrigation rate. 2A. Where any Farmers' Organisati: .n which has taken over the operation ano maintenance of the whole or part of the dis tributary canal system of a inter-provincial irrigation and land development scheme requests that lands within the jurisdiction of such Organization be exempt from the po.: ment of the ~lI'igaticnrate imposed under Std' setion (1) of section 2, the Divisional Secre tary of the Divisional Secretary's division within which such lands are situated !11nV bv Order published in the Gazette, direct th:'! for such period, and subject to such ter-ns ami conditions as may be specified in the Order the lands within such area specified in the Order shall be exempt from payment of the irrigation rate imposed under snhsp,..ti"r (~, of section 2. 28. (1) Any Farmers' Organi.zation which has taken over the whole or part of the operation and maintenance of distribu to~· canal system and the lands within whose jurisdiction are exempted from the payment of irrigation rates under section h may. impose and recover a levy of such amount in respect of such lands to cover the prireJ:J8: enactment. !rngu:tn:m tArJl,~nd'Jl"KlnJ Aet, No 13 oj 1994 cost of operation and maintenance oi the dis" tributary canal system and any other work beneficial to the farming community in such area. The levy imposed in relation to a land in respect of which there is an allottee or tenant cultivator or owner cultivator shall be pay able by such allottee or tenant cultivam, ,n owner cultivator, as the case rna;')' be" (2) The provisions of subsection (4) of section 2 shall, mutatis mutandis, applv to a levy imposed under subsection (1)" (3) Where any levy is imposed under 5':0 section (1) in respect of a land, the Farmers' Jrg.:'lnization within whose jurisdiction such land is situate shall give 3 written notice of the amount of levy, to the person who is lia ble to pay such levy under subsection 0) (4) It shall be the duty of every person or, whom a notice under subsection (3) is given, to comply with such notice within the period specified therein i;) Where dc-fault is made in the payment o: t"i",e levy imposed under subsection (]! of this section, in relation to a land, the Farmers' Organization imposing the lavy shall inform the Divisional Secretary of 1]1" Divisional Secretary's Division within which such 131"'.d is stuated in writing, and 1he Divisional Secretary shall proceed to recover the levy in the same manner as provided in Part VII Olf this Ordinance. and the provisions of that Part shall, mutatis mutandis, applv to the recovery 01 such levy. The levy so recovered by the Divisional Secretary shall be tra-v.-r- i++rrl ) bil-:i ~:n t.n" F';"mer;"" , :::gamzation in respect of which such default was made. (6) A'lY sums recovered by a Formers' Organization under subsection (1) and sub section (5) may be used by such Fanners' Organization fn;: the purposes referred to in subsection (1) .. irrigation (Amendment) Act, u». 13 of 1994 4. The following new heading is inserted immediately after section 5 in Part II of the principal enactment: «PROJECT MANAGEMENT COMMITTEES ins",rUOD 01 new neaoing 1£ Part 11 of the principal enactment ~. The following new section is hereby inserted imme diately after section 5 of the principal enactment and sha ll have effect as section 5A of that enactment :~ 'Project Manage ment Com. mittees in respect of specified major irrigation work. 5A.. (1) In respect of every major LITiga tion work bemg a part of a inter-provincial irrigation and land development scheme which is specified by the Secretary to the Ministry of the Minister in charge of the subject of Irrigation, there shall be a Pro 'ect Management Committee consisting of (a) such number of representatives of the Farmers' Organizations in that area as may be necessary to make the number of farmer reprensentatives in the Committee not less than fifty per centum of the total membership of the Committee; (b) a Project Manager appointed by the Secretary to the Ministry of the Minister in charge of the subject of Irrigation who shall function as th Chairman or Secretary of the Com mittee ; (c) a representative appointed by each ot the following officers: (i) the Director of Irrlgation, (ii) the Land Commissioner, (iii) the Commissioner of Agrarian Services, (iv) the Director of Agriculture, and (v) the Commissioner of Co-opera tive Development; (d) representatives from any other related agencies as may be determined by the Secretary to the Miuistry of the Minister in charge of the subject of Irri~on ; Insertaon of new section 5" in the pr lncipal enactment Irrigation (Amendment) Act. No. 13 of 1994 (e) the Divisional Secretary or Secretaries 01 the Divisional Secretary's division or divisions within which that irrigation work is situated. (2) The Chairman of the Project Manage nent Committee shall summon a meeting of ,he Committee as oiten as may be necessary and in any case before the commencement of each cultivation season. (3) The Project Management Committee shall have the power to set up Sub-Project Management Committees, where in the opi J10n of the Project Management Committee it is necessary for better co-ordination of the project at sub-project level .Such Sub-Project :ommittee shall be presided by a representa dve of the Farmers' Organizations in the Committee. (4) It shall be the duty of the Project Management Committee to co-ordinate all oroject management activities at the project .evel and sub-project level. (5) The Project Management Committee may by a special meeting held before the eommencement of each cultivation season (hereinafter referred to as the "Precultiva don Meeting ") make recommendations to the Divisional Seretary of the Divisional Sec retary's division within which the irrigation work is situated or where the Irrigation work covers more than one Divisional Secretary's Division, to the District Secre tary on such matters relating to cultivation as: (t) the date of the commencement of culu.. vation operations including plough ing, sowing and reaping; (ii) the cropping pattern for the season; (ill) arrangements for the annual main tenance of irrigation works, and any other matters relating to the execu tion of rules made under subsections (1) and (2) o! section 11 Irrigation (Amendment) Act, No. 13 of 1994 (6) The Divisional Secretary or the District Secretary, as the case may be, shall upon receipt of the recommendations of the Project Management Committee under sub section (5), summon a special meeting of the Project Management Committee (herein after referred to as the " Cultivation meeting ") and thereupon the powers con ferred on allottees, cultivators or proprietors of lands within an irrigable area by sub section (5) of section 11, shall be exercised by the Project Management Committee at such meeting. The Divisional Secretary or the District Secretary, as the case may be, may call on any person whose participation is in his opimon useful, to attend such meeting: Provided, that any such meeting shall not be deemed to be valid unless at least two third of the representatives of Farmers' Organizations in the Project Management Committee are present at such meeting. ' . (7) Where at a meeting referred to in sub section (6), a decision under paragraph (b) or paragraph (c) of subsection (5) of section 11 has not been arrived at whether for want of quorum or for any other cause, the power to make such decision shall be exercised by the Divisional Secretary or the District Sec retary, as the case may be, who summoned the meeting.'. eo Section 6 of the principal enactment Is hereby amended in subsection (1) of that section, by the substitu tion for the words "In respect of every major Irrigation work", of the words" In respect of every major irrigation work, other than an irrigation work in respect of which a Project Management Committee has been appointed under Section 5A. " . '1. Section 24 of the principal enactment is hereby amended in subsection (3) of that section by the substitu tion for the words and figures "Commissioner for action under. section 38 of the Paddy Lands Act, No. 1 of 1958", of the word CI Commissioner ", Amendmen' of section 6 of the principal enactment. Amendment of section 240tthe principal enac:tmenl. imgatton (Amendme1l.t) Act, IV''. 13 oj .1994 x. Section 118 of the principal enactment is hereby amended in subsection (1) ~f that section as follows; (a) by the omission of the definition " Cultivation Committee"; and (b) by the insertion immediately before the definition of "Government Agent ", of the following definition: , " Farmers' Organizaticn " means a Farmers' Organization registered with the Commis sioner of Agrarian Services under the Agrarian Services Act, No. 58 of 1979;'. 9. In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail, Amendmeor of section 118 of the principal enactment. Sinha1& text to prevail in case 01 Inconsistency.