Irrigation Areas Act, 1953

LAWS OF MALAYSIA Act 386 IRRIGATION AREAS .J\CT 1953 (Revise<l-1989) 2 Revised up to Date of publication in Gazelle of this revised version Date appointed for coming into force of this reYised. version pursuant to section 6 ( 1) (.:uiii) of the Revision of 31st August 1989 14th September 1989 Laws Act 1968 (Act 1) 21st September 1989 Sceuon LA\VS OF MALAYSIA Act 386 IRRIGATION AREAS ACT 1953 (Revised-1989) ARRANGEMENT OF SECTIONS 1. Short title :ind :ipplic:Hion. 2. Interpretation. 3. Oecl:iration of irrigation are:is . .!. N:uure of cultivation. 5.· P:idi cultivation. 6. C!:issific:ition of the 1:inds within :in irrigation are:i. lmposaion of water r:ite. i. Water rate when payable. 3. Collection of water rates. 9. Management of irrigation areas. 10. Delegation of powers and duties. 11. Filling up obnoxious water-ways. 12. Removal of trees or refuse. 13. Power to withhold water. 14. Damage to irrigation works by fire. 15. Obstruction or damage. 16. Waste or obsuuction of water. 17. Further penalty for wasting water. 18. Compulsory provision of batas. 19. Refusal to allow passage of water. 20. ConstrUction of unauthorised water-ways. 21. Allowing animals to stray. (Arrangement of Sections] 4 Acr 386 Section 22. Unauthorised use of vehicles and boats. 23. Pollution of water. 24. Tampering with irrigation works. 25. Power to arrest. 26. · Power ro compound offences. 27. Power to make rules. 28. Service of notices. 29. Prosecution of offences. 30. Repeal. SCHEDULE. LAWS OF MALAYSIA Act 386 IRRIGATION AREAS ACT 1953 (Revised-1989) 5 An Act r~ating to the establishment and regulation of irrigation areas in Malaysia. [25th June 1953.] 1. (1) This Act may be cited as the Irrigation Areas Short title Act 1953. and applia• (2) This Act shall apply to the States of West Malaysia only. :!. In this Act, unless the context otherwise requires "appropriate authority" means the Ruler in Council or"'t.he Yang di-Perrua Negeri in Council of a State; "irrigation" means the practice of causing water to flow upon, or spread over, or under, the surface of land or of retaining water on or under the surface of land for agricultural purpose and includes drainage for the removal of water which is injurious to agriculture; "irrigation area" means any area which may from time to time be so declared· by the appropriate autho~ under this Ac~; "irrig ation water'' means water which is put·on to or retained on land by- means of irrigation works and includes water reaching suah land as rainfall; "irrigation ··works''· includes the: construction· ·and maintenance. of headworks;: main canal, subsidiary ·canals, distribution channels, drainage channels, banks-, bunds, batas~ water gates, culverts,- sluices, drains ,and other similar works; coa. laterorc• UIJ00. [S. 2-5] 6 Acr 386 "Land Administrator:• has the same mearung as Ac:!6165. defined in the National Land Code. Declaration oC im1au0n u-ca.s: Narure oC a&Juvaaoa. "occ~mier" includes a lessee or tenant and the cultivator or person in actual possession, management or control of any land; "owner" means the registered proprietor of any land in the States·of West-M-alaysia and the legal owner or holder by customary tenure of any land in the States of Malacca and Penang. 3. The appropriate authority may, by notification in the Gazeae. declare anv lands in a State within the area affected by any irrigation works wholly or in part carried out or sanctioned by the Government of that State to be an irri£!ation area. Such notification shall 9efioe the boundari-es of such area and may include any headworks and main canals: 4. The appropriate authority may, by notification in the Gaz!tt!, declare in respect of any unalienated lands within an irrigation area that such lands shall not be used for any industry, . .icultivation or other purpose except such as may be in such notification specified. Pa~ . 5. (1) Notwithstanding anything to the contrary ~~ 0j41 cont;ained in sectio7:1 3 of · the Rice Cill?v~tion Ordmance of the Straits Settlements, no land within an irrigation area to which this section applies shall be used for any purpose other than the cultivation of pacli, without the consent . of su-'11 officer as may be authorised by the appropriate authority in that behalf, hereinafter referred to as the authorised officer. t(2) Any consent given·under subsection (1) and·the extent and particulars of the .land affected by such consent shall be recorded in a register. to be called the "Tainbak · kegfster", to be kept by the Land A droinistl:'ator, who shall issue to the owner or occupier of such land a copy of the eritty in the Tambak Register. m.RIGATION .-\RE.AS 7 (3) A consent given under subsection (1) may be yaried from time to time, and thereupon sucb memorial shall be made on the Tambak Register as may be necessary to indicate the variation, or a fresh entry may be made therein. In either case the owner or occupier shall surrender ~he copy referred to in subsection (2) for altera:tion or ·cancellation as the case may be. ( 4) In the .. case...of. any. land within an irrigation area wbich the owner or occupier thereof has used for any purpose ""Other than the planting of padi, without obtaining the consent referred to in subsection (1), the authorised officer may refuse to grant such consent and may serve a notice on the owner or occupier directing him to fill up any drain or remove any bund. or embankment or building or structure which prevents water from coming on to or remaining on the land. and every such owner or occupier shall comply with such notice within the period specified therein. not being less than one month from the date thereof. (5)· If-mch owner or occupier fails to comply widr such notice he shall be !ruiltv of an offence and shall be liable to imprisonment-for ·a period not exceeding six months or to a fine not exceeding one thousand ringgit or both and the court may direct that the whole or any part of the fine, if paid, shall be handed to the authorized officer who shall use it for carrying out the works, if any, specified in the notice. ( 6) Any person aggrieved by any consent, refusal, order or notice under this section may appeal to the appropriate authority or to any Board or Committee to whom the appropriate authority may delegate its powei:; in writing and the decision of the appropriate authority, or of such Board or Committee in such appeal shall be final. (7) No proceedings under sections 3 and 7 of the (S. :j Rice. Cultivation Ordinance of ·the-Straits Sett1ements7 • u ar,,. us. shall be instituted against the owneror occupier of any land for failure to cultivate padi on· any area shewn in the Tambak Register to be exempted from such cultivation. rs. S-iJ 8 Acr 386 Cu:silic::a• tion of the la.ads witbiD ID 1rri1aooa area. ;mposition O( 'tt"aCct rate. Water rate when payable. (8) Tnis section applies only to such areas of land within an irrigation area as the appropriate authority may, by notification in the Gazette, direct. 6. (1) The appropriate authority may, by notification in the Gazerre, classify the lands within an irrigation area: Provided that no lands shall be liable to any higher classification within a period of five years from the dati: of the last classification unicss thev shall in the meantime be used for some industry; cultivation, or purpose other than that for which they were used at the. time of such classification and involving the use of a greater supply of water. (2) The appropriate authority may, by notification in the Gazette, impose upon all or any land within an irrigation area. annual rates. hereinafter ca:ne·d water rates. Different rates may be imposed on different classes of land, as classified under subsection (1). 7. A water rate imposed under section 6 shall become payable as follows-that is to say, ( a) in the case of lands used for cultivation of padi (i) no water rate shall be payable in respect of any lands until irrigation water has been available on such lands or a period sufficiently long to allow a crop of padi to be planted and gathered; and (ii) upon the first day of January; next follciwin ,g the date when such a.crop has first been, or might ·first · have been, gathered. there shall be payable to the Land. Administrator one half-:-of the water rate imposed upon sucli lands, and upon · every first day of January, thereafter shall be payable .the full amount of the water rate imposed upon such lands; rn .. ~GATION AREAS 9 industry, cuitivauon, or purpose, me wai:cr rate imposed upon such lands shall become payable on. the first day of J ~nuary, next .... ,, -•-"..: ...... - -~ -- ...: ..... """' ...... , ... i..; ...... ~ .... ,...,..,to·~ ~,,nnhr h~c:: been avauao1e on su~n l<lilW :>Ui.LJ.l..4C,!~ ~v, ~w ... conduct· or such industry, cultivation, or other purpose, and thereafter . on the first of January, of each succeeding year: Provided that, where the full supply of water necessary to the purpose to which the lands are applied 1-,..,,. ... Mhoon -:iv~ihhl~ nr for ;mv other reason aooroved this purpose oy cnt: appru~u-1Lc <1u.~uvw.1 , ..... 1 ............. the amount so payable to such amount as may seem to be just and shall notify the Land Administrator accordingl~. 3. Ail sums due for water rates under this Act shall be C::!Jc:c::cn r:otl~cted. so far as the same may be practicible, in the as. the appropriate -authority may require, upon tne .work.i~ of the area in his charge, and shall in like manner furnish an annual balance sheet showing the receipts on account of water rates, and the expenditure on construction, - management, supervision and maintenance of the works in his charge. ~..Jj J..·v, ~u"' .t-''"'".t-'v~""" "'4 ~--·• ---- - --· Administrator ~hall furnish to the Drainage and Irrigation Engineer or other officer-in-charge of the-· irrio-~tinn area. a monthlv statement of the amount of <Ji ·~tr:r [S. 10.12] 10 Acr 386 )clcnt:ioa 1{ powers .nd duties. llinc up nox.ous ccr•ways. IIOYalof Sor IC. 10. (1) Any Drainage ·and Irrigation Engineer or other officer appointed under section 9 to have charge of an irrig ation area may, with. the approval of the appropriate authority and subject to such limitations as the appropriate authority may• think fit, by writing under liis nand, from time to time, authorize any officer to exerc:rse any of the powers and-perfonn any of the duties conferred and imposed by this Act on the Drainage and Irrigation Engineer ·or other officer-in charge of such area and may in like manner and with the like approval withdraw any such authority. (2) Everything done in pursuanc: of an authority granted under this section shall have the same effect as if it were done by the Drainage and Irrigation Engineer or other officer-in-charge of the irrigation area. 11. The Drainage and Irrigation Engineer or other officer-in-charge oi an irrigacion area may, if it appears to him that it will be oi benefit to the irrigation works in his charge so to do, fill up., construct, widen or drain any canal, water-course, drain, ditch, pond or swamp whether within or without an irrigation area: Provided that he shall pay to the owner or occupier thereof, if any, reasonable compensation J.or any damage, loss or inconvenience arising therefrom; and if the parties fail to agree as to the amount so payable the question shall be referred. to the appropriate authority whose decision thereon shall be final. 12!' (1) (a) The Drainage and Irrigation Engineer or other officer-in-charge of an inigation area may, by notice in writing, require the owner or occupier of any lands-within such area to clear. the banks or sides of any irrigation works on such lands from any trees or plants growing thereon or·to remove from any lands adjoinfug any irrigation works any growth or refuse likely to damage such works or harbour rats or other vermin. I.RR!GATION AREAS [S. 12-131 11 ( b j Such notice shall require the owner or occupier to take the necessary action within a certain fixed time, which shall not be less than fourteen days from the date of the service of the notice, and if default is made in complying with such notice the officer acting under this subsection may cause such action to be taken as is required by the notice and may recover the cost of so doing from the said owner or occupier in any court of competent jurisdiction. (2) (a) The Drainage and Irrigation Engineer or other officer-in-charge of an irrigation area may, by notice in writing, prohibit the owner or occupier of any lands within such area from planting any trees or plants on the banks -or sitfesllf any irrigation works on such lands or from depositing on any lands adjoining any irrigation works any refuse likely to damage such works or harbour rats or other vermin. ( b) If default is made in complying with such notice the oHicer ac:ing under-this subsection may ca.use! action to be taken to clear any trees or plants from such banks or sides or ::my such refuse and may recover the cost of so doing from the said owner or occupier in any court of c.ompetenc jurisdiction. (3) In cases in which the officer acting under this section requires the destruction of, or destroys, valuable trees or plants he shall, if no previous notice has been issued under this section in respect of the land on which such trees or plants are growing, pay to the owner or occupier reasonable compensation for the same; and if the parties fail to agree as to the amount so payable the question shall. be referred to the appropriate authority whose decision thereon shall be final. 13~ The Drainage·and: Irrigation Engineer or other ~to officer•in-charge of an irrigation area mar refuse to WJ':°ld allow water to gc supplied or taken for the irrigation of· wa r. lands in respect.of-which the water rate is in arrears, or for the irrigation of lands which are not prope~ly rs. 13-16] 12 ACT 386 Damage to imration ~orks b)· r.re. )t>stri.Jct10n ,r ~ma~c. /aste or bstruc:tion rwatir. provided with banks or·batas forthe retention of water, or for the irrigation of lands the owners or occupiers of which have been convicted of an offence ·under this Act; and the water rate payable upon such lands shall be payable notwithstanding such·refusal.. 14. {l) In any-case· iii wliich .. damage is done to any irrigation works by fire originating on adjoining or neighbouring lands the cost of repairing such damage may be recovered from the owner or occupier of such lands by the officer in charge of such works by suit in any court of comoetent juris diction. . (2) In any such suit it shall not be necessary to prove the negligence of the defendant nor shall it be a defence that the fire was the result of accident. 15. Any person who (a) wilfully or maliciously blocks up or obstructs or causes to be in any way blocked up or obstructed; (b) encroaches on or attempts to take fish by means of a fish trap out or any irrigation tank, channel or water-course; or (c) breaches or cuts through the banks or sides of the same, shall :be liable to imprisonment for a period not exceeding six months or to a fine not exceed.in g three hundred ringgit or both. · 16. (1) Any person who ( a) -wilfully causes waste of water conserved by any irrigation works; or ·(b) ·not·being entitle4 to· the ·use -of ·such water; wrongfully" draws off or converts to his own use any such .water, shall be :guilty of an offence and shall ·be liable to imprisonment for a period not exceeding six months or to a tine not exceeding three hundred ringgit or both. IRRIGATION A.REAS (S. 16-181 13 (2) Where such water is found to be used on the land of a person not entitled to the use thereof the onus of proving that he did not draw off or convert to his own use or cause to be drawn off or converted to his own use such water shall lie on such person. 17. If the owner or occupier of any land irrigated by Funher any irrigation works-- pc:i~,y ior wunni ( a) suffers or permits water obtained from such water. works or from any water-course or channel connected therewith to run to waste on his land; or (b) obtains water for such land from such works. water-course or channel in a manner not authorized by the Drainage :md Irrigation Enginee:- or other officer-in-ch::irge of such works. he shall·, in addition to any other punishment, penalty or liability which he may incur or be liable to under this Act, be liable co pay double the \Vater iJte for the time peing assessed under section 6 of ~his Act for every year or portion of any year in which he has so suffered or permit:ed such water co run to waste or has obtained it in an unauthorised manner, and such double water rate shall be recovered in the manner provided by section 8. 18. (1) The Drainage-and Irrigation Engineer or other Compulsory officer-in-charge of an irrigation area may, by notice in P~bnsion writing under his hand, require the owner or occupier 01 a,as. of any land within such area to provide, either individually or jointly with other owners or occupiers, proper ban.ks or batas and distribution or drainage channels for the supply, drainage, retention or exclusion of water: Provided that no person shall be required under this section to provide : ban.ks, batas, distribution or drainage channels which will not· benefit land whereof he is the owner or occupier. [S. 18-21] 14 Acr 386 lefu.sal 10 Uow pas.sage { water. >ostructioo 110111tbo ed water ,ys. IJWiag na1s ttay. (2) Such notice shall require the owner or occupier to take the necessary action within a stated time, which shall not be less than fifteen days from the.date of the service of the notice. (3) If default is made in · complying with the provisions of such notice, the Drainage and Irr.igatioq Engineer ot· other officer-in-charge of such area may cause such action to be taken as is required by the notice and may thereafter certify under his hand the cost thereof, and thereupon the amount so certified shall be recoverable from the person by whom default was made as aforesaid in the manner provided by l a w for the recovery uf land revenue. 19. Any owner or occupier or other person who refuses to allow the passage of irrigation water over his land or who obstructs such passage shall be liable to imprisonment for a period not exceeding three months or to a fine not exceeding one hundred and fifty ringgit or both. 20. Any person who constructs any canal, water course, drain, ditch ·or pond, or deepens or enlarges any existing canal, water-course, drain, ditch or pond within any irrigation area without having previously obtained the consent thereto in writing of the Drainage and Irrigation Engineer or other officer-in-charge of such area, shall b~ liable to imprisonment for a period not exceeding six months or- tea fine not exceeding threellundred ringgit or both. 21. Any person who leads any animal or- allows any animal to stray upon the b?-DJcs or sides of any irrigatiop works shall be guilty of an offence and shall be liable to imprisonment for a period not exceeding three months or to a fine not exceeding one hundred and fifty ringgit or both. IRRIGATION AREAS [S. 22-25] 15 22. ·Any person who drives, draws or pushes or causes Unauthorised to be driven, drawn or pushed any vehicle along the ~,of . vewc1es banks or sides of or uses or causes to be used any boat, and boau. vessel,. raft or float or causes to be floated any wood or other materia~ on any irrigation canal or water-course without having previously obtained the consent thereto in writing of the Drainage and Irrigation Engineer or other officer-in-charge of such works shall be.liable to imprisonment for a term not exceeding three months or to a fute. not exceeding fifty ringgit or both. 23. Any person who bathes or washes articles in or Pouutioa 9~herwise po ll utes or causes to be polluted any of water. irrigation tank, channel or water-course shall be. liabfe to imprisonment for a tenn not exceeding three months or to a fine not exceeding one hundred and fifty ringgit or both. Provided that the appropriate authority may, by order notified in the Gazette, declare that this section shall not apply in any irrigation area specified in such order. U. (1) Any person who without authority from the Drainage and Irrigation Engineer or other officer-in charge of an irrigation area, opens or closes or otherwise tampers with any sluices, water gates, regulators, pipes, bench marks, water gauges or other works forming part of any of the irrigation works within such area shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding three hundred ringgit or both. {2J Where by -r~ason of any. irrig~on .)VOrlcs. having. been so tampered with the land of any person is benefited the onus of proving that he did not so tamper therewith or cause them to be so tampered with shall lie on. such person. T.imperin~ "'11.h img:i aoa works. 25. Any penghulu- or penggawa, any police -officer,· or· Power to any officer of µie Drainage and Irrigation Department arrest. not below the rank·of Inspector may· arrest without · wµi-ant any i::erson found committing an offence under [S. 25-29] 16 Acr 386 Power to compound ocreac:cs. ,wer to L.lr.e rwcs. rice oC ces. 56165. section 15, 16, 19, 20, 21, 22, 23 or 24, and shall forthwith bring such person before the Drainage and Irrigation Engineer or other officer-in-charge of the irrigation area who may compound the Qffence under. section 26 or may order the person arrested to be produced at once before a Magistrate. 26.- (1) The ·appropriate a·uthority may, by notification in the Gazette, empower any Drainage and Irrigation Engineer by name to accept from any person against whom a reasonable suspicion exists that he has committed any offence under th.is Act a sum of money not exceeding seventy-five ringgit -by way of ·composition· for the offence which such person is suspected to have committed and all sums so received by a Drainage and Irrigation Engineer shall be credited to the general revenue of Malaysia. (2) On payment of such sum of money no further proceedings shall be taken against s~ch person in relation to the offence for which such composition has been accepted. 27. The appropriate authority may, from time to time, by notification in the Gazette, make rules for the encouragement and extension of cultivation and for the enforcement of ancient customs within irrigation areas and for any other-purposes consistent with this Act. 28. Any notice issued under this Act may be served in the manner prescribed for the s~ce of notices under · the National Land.Code. 29. The Drainage and Irrigation Engineer or other officer of the Drainage and Irriga tion Department, not· below the rarik of Inspector, authorised in writing by the Drainage and Irrigation Engineer may conduct any prosecution in respect of an 'Offence against this Act relating to such irrigation area. ··· IRRIGATION AREAs [S~ 30, Sch.] 17 30. The Enactments and Ordinance specified in the Repeal Schedule to this Act are hereby repealed: Provided that ( a) any. officer- appointed. to be in. charge of any irrigation area under or by virtue of any of the written laws hereby repealed shall be deemed to have been appointed under this Act; and (b) any declaration, consent, classification, authorisariorr; notice or rule made-, given or granted or any water rate impo;;ed under any of the written laws hereby repealed shall, in so far as the same is not inconsistent with this Act, continue-in force and have effect as if it had been made, given, granted or imposed under this Act: SCHEDULE Tit!:: F.:....t.S. Cap. l-15 Irrig :i tion A:eas Enac:mcnc Johofe Enactment No: 6 of Irrigation Areas Enactmen. 1941 Kclantan Enactment No. 17 Irrigation Areas Enactment. 1935 oi 1935 Kedah Enacnnent No. 4 of Irrigation Are:is Enactment. 1370 1370 (1950) (1950) s. s. Cap. 143 ... Irrigation Areas Ordinance [List of Amendments] 18 LAWS OF r.1ALAYSIA Act 386 IRRIGATION AREAS ACT 1953 (Revised-1989) Particulars under section i (il) and (iii) of the Revision of Laws Act 1968 (Act 1) UST OF AMENE>MENTS Amendi.D& La"· Shon Title lo fore:: from Ord. 44/1956 The irrigation Areas (Amend- l-1-195i ment) Ordinance 1 956 Ord. 60/1956 The Settlements- Nominated ·1-9-19~ Council (Change Of Title) Ordinao~ 1956 L.N. 33:?..'1958 Federal Constitution (Modifi- 13-11-1958 cation of Laws) (Ordinances Act 160 ActA5o/ and Proclamations) Order 1958 Malaysian Currency (Ringgit) 29-6-1975 Act 1975 National Land Code (Amend- 25-3-1985 mcnt) Act 1984 LIST OF LAWS OR PARTS THEREOF SUPERSEDED No. Title 31 of 1953 .. ; Irrigation Areas Ordinance 1951 [Commislioner1.s Amendments] 19 IR.RIGA TION AREAS ACT 1953 (Revised-1989) LIST OF AMENDMENTS MADE BY THE COMMISSIONER OF LAW REVISION UNDER SECTION 6 OF THE REVISION OF LAWS ACT 1968 {ACT 1) Provision Long title Enacting clause s. 1 ... s. 2 definition "appropriate authority" "Collector" ... "owner" s. 5 (1) and (7) s. 28 ... Throughout the Act Puticulan of Amendment Amended Omitted Authority for Amendment s. 6 {l) (vi) s. 6 (1) (i) (j) Subsection (2) added; s. 6 (1) (x); marginal note amended (vii) The phrase "Yang di-Perrua s. 6 (1) (xviii) Negcri" substitute for the word "Governor" Substituted bv the words s. 6 (1) (x); "Llnd .. A.dmi.nistrator". Re- (viii); Act 56/ draft in consequence of 65 :imendment made by the National Llnd Code. The phrase "the States of s. 6 ( 1) (xviii) Johore, Kcdah, Kelantan, Negeri Scmbilan, Pahang, Perak, Perlis. Sclangor and Terengganu" substituted by the phrase "the States of West Malaysia" Redraft in consequence of s. 6 (1) (viii); amendment made by the (x); Act 56165 National Land Code Rt:draft in consequence of s. 6 (1) {viii); amendment made- by the (x); Act 56/65 National Land Code 1. The woril "Act" s. 6 (1) (v) substituted for the word "Ordinance" 2. The word "ringgit" s. 6 {l) (iii) substituted· for the word "dollars,. [Commissioner's Amendments] 20 Acr 386 ?revision P:irtioslan of Amendment Autboriry for Amendment 3. The phrase "such fine and s. 6 (1) (iv) imprisonment" when used (b) in reference to ,the provisions of the revised law omitted 4. The word "Cowt'" is spelt s. 6 (1) (iii) as "court"-whercver it appears in the revacd law 5. The words !'of this s. 6 (1) (iii) Ordinance"; "of this section"; "the 2rovisions of" are oi:ziinea 6. The words "Land Admi- s. 6 (1) (xvii); nistrator" substituted for Act 56/65 the word "Collector" .,,. -- IMfllS .... -.,.• ffll ■ a • P.a.&. Joa.a... &JU.. SJU'- UL, P.LS.. , ... """" , Horr-: SUD