National Irrigation Act, 2013 (No. 5 of 2013)

.,, ISSN 356-0331X !!!W!!!!!!!!!'!!!!!!!:l!!!!!!!!!!!!!!!!!"!!!W-!!!!!!!!!!!!=!!!!-!!!!!!!!!!!W!!!!!!!!!!!!!!!!!!!!!;!!!!!!!!!!!�!!!!!!!!!!!!!!!=!!!™!!!J!"WWW I, El THE UNITED REPUBLIC OF TANZANIA ACT SVJ>Pl.,EME'JV1' No. 5 3rd Janua y, 2014 to the Gme/le of the United Republic o/Tanzcnia No. I Vo'. 95 dated 3rd J+ma,y, 2014 Printed by the Government Printer, Dar es Salaam b)' Orcler of Goverj1ment �--wwwwe&WIWWWWWWWWii:i THE NATIONAL 1RRIGATION ACT, 2013 ARRANGEMENT OF SECTIONS Section Title PARTI PRELIMINARY PROVISIONS 1. ') L,. Short title and commencement. Interpretation. PART II ADMINISTRATION 3. Establishment of National Irrigation Commission. 4. Investment in the lrrigation development 5. Functions and powers of the Commission. 6. Committees of the C01ru11ission. 7. Seal of the Commission. 8. Appointment of the Director (reneral. 9. Appointment of other Directors. 10. Staff of the Commission. 1 ] . Regional Irrigation offices. 12. District Irrigation Department. l No.5 National lrtigation Act 13. Appointment of Irrigation Inspectors. 14. Powers oflrrigation Inspector. 15. Restriction of unqualified Irrigation Inspector. PART Ill DECLARATION OF IRRIGATION AREA AND L ND CLASSIFICATION' 16. Declaration of irrigation area. 17. Land acquisition for irrigation development. 18. Classification oflnigation land. 19. 20. 21. PARTIV CONSTRUCTION OF IRRIGATION WORKS Undertaking of irrigation works. Consequences of construction of irrigation works. 2013 22. 23. Application for construction of irrigation ·works. J I Construction and commissioning of irrigation works b1 Commission. Compensation for damage suffered due to constructio1 of irrigation works. 24. 25. Entrustment of irrigation works. Construction of minor irrigation works. PARTY CATEGORIZATION AND AP PROV AL OF l.RRIG - TION SCHEMES AND IRRIGATORS 26. Categorisation of irrigation schemes. 2 7. Categorisation and approval of i1rigators. PART VI MANAGEMENT OF IRRIGATION SCHEME 28. Management of irrigation schemes. 2 9. Establishment of irri.gators' organi.z�ti ems. 30. Objects of the Irrigators' Organizations. 2 No. S National Irrigation A,;t 2013 ----1 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. Functions of the Irrigators' Organizations. Sources of funds for the Irrigators' Orgm1.i;:ations. Procedure for taking up works. Allocation of irrigation plots. Disputes settlement on irrigation. schemes. Withdraw m1d surrender of irrigation plots. Power 10 prescribe good agricultural practices and irri ation methods in the irrigation area. Power to take over irrigation works. Irrigation service fees. Irrigation schemes. Clearance of banks. Commission to order provision of proper banks. Procedure on failure to contribute for the cost or labou for work to be done by joint labour. Distribution of water from irrigation work,. Prohibited acts. 1 Obligation ofl and owners in respect of wmks affectin/ safety of the irrigation works. Control of navigation and unplanned canal crossings. Inter-basin water transfer for irrigation. Monitoring and evaluation or performance of i:rrigatio schemes. PART VII ENVIRONMENTAL AND HEALTH PROTECT! N 50. Compliance with environmental requirement. 51. Commission to coordinate and momote irrigation rese rch PART VIII FINANCIAL PRO\{lSIONS 52. Establishment of the Irrigation Development Ftmd 53. Use of the Fw1d 54. Management of the Fund. I 5 5. Accounts and Audit of the Irrig.ation Devdopment Fu .1cl. 56. Funds of the Commission.. 57. Annual budget of the Commission. 3 ..... No. 5 National Ji,rigaliun A1�t 2013 58. Accounting and audit. 59. Powers to borrow a11d invest. 60. Financial year. PARTIX OFFENCES AND PENAL TIE� ; 61. Offences and penalties. 62. Offence by body corporate or film. 63. Civil liability not affected. PARTX GENERAL PROVISIONS 64. Duty of secrecy. 65. Service of notices. 66. Keeping records. 67. Stakeholders' meeting. 68. Commission to call for information. 69. Powers of the Minister to require information. 70. Commission to establish and maintain collaboration. 71. Indemnity and liability. 72. Recovery of cost of repairing d.amag� where an offend r IS unascertainable. 73. Mode of recovery of money. 74. Powers to make Regulations. 75. Transitional provisions. SCHEDULE 4 No. 5 National Irrigation A.:::t 2013 THE UNITED REPUBLIC OF TANZANIA :NO. :5 OF 2013 I ASSENT, l.\KA YA MRIS -IO K!KWETE, President [20 th Octtober, 2013 ·1 I . Au Act to provide for the establishment of the NatioJal Irrigation Commission; to provide for the 1 development, o�eration and maiintenance of i1rrigation and drain:age system ; to provide for effective implemi�ntation of the Nation· I Irrigation Policy, the National Irrigation Development St ategy and to provide for other related m:attei-s. Enacted by the Parliament of thi� United epublic of Tanzania. Short title and Comme­ ncement PART I PRELIMINARY PROVJSION 1. This Act may be cited a:; the Nation I Irrigation Act, 2013 and shall come into operation on sue date as the Minister may by notice in the Gazetle appoint. 5 No. 5 Interpreta­ tion National Irrigation Act 2013 2. In this Act unless the context otherwis reqrnres "authorized officer" means an offi.:er acting ffor and on behalf of the Commissioll, Local dovermnent Authority or the Managc:mt:nt Co t nittee of lrrigators' Organisation for the p poses of implementation of this Act; "canal" mearu; an open channel al101�ing free o� controlled flow of water and may mclude upderground channel"; I "charu1d" means any ditch, channel. aqued j ct, trench, conduct, tunnel, sluice, flume allowi1 g free or controlled flow of water for irrigation"; "Commission" means the National Irrigation ,ommission as established under section�•; I "conduit" means a pipe or line of pipes of any n{aterial or a series of culverts joined together for co � 1veyance of water for irrigation or drainage purposes; "Director Geueral" meam the Chief Executive Officer of the Commission appointed under sectior 8; "distribution system" includes l (a) all main canals or conduits, brancl · canals orconduits, distribut�on canals or c nduits or minor canals cohstructed, rnaint�ined and operated for the supply and distributi�n of v,1ater for irrigation; \ (b) all works, structures and appliance� connected with the distribution of \'\-ater for irri !?j ation.; and ( c) all field channels, farm channels I and other related cham1els and structures underi l a sluice or turn out· "drainage" means {he removal of w1ter from th surface or subsoil of land by natural or artificial! means for betterment of agriculture or <1ther purpos�s; "drainage system" means a series of structuref and other allied infrastructure includir.g the main, secondary, tertiary and field drainage canals r conduits necessary for the removal 6 No. 5 National irrigation A,:t 2013 of excess water and salts from an irrigation scheme in order to allow effective agricultural ope ! ations and to prevent water logging; "drainage water" 1neans water vvhich is rernove from land by means of draina.ge works or by natur t l drainage means; "drainage works" i11cludes 1he constn,ction and maintenance of drainage canals and channels including sub--soil drainage pipes, culvd.1is, banks, water gates, sluices and 01he1 similar works for drainage purposes; "Fund" means Irrigation Dev�loprnent Fund as established under section 52 of this Act; "field channel" means irrigation system chan el used to convey irrigation ·.vater from tertiary ca al into the fields; "headworks" means the engineerin,?, works coirstructed at the point of abstraction of inigation wa ·er such as structures on a river stream, pumping system or works at a dam or water rese:·voir; "[ntegrated Water Resources M2.nagement" means an approach in water resomces manag ment and development which holistically conside s all users of the resource upstream and downstr am of the system including the ecology; "irrigable" a::; applied to land means land of su � h situation and quality as to be capable of being irr gated from the works or proposed works of an under ·a.king; "irrigation" means the application of a specifiq amount of water at a particular location in orde j to meet the requirements of a crop grov,ing at that ocation in amounts that are appropriate to the er p's stageof growth, it can also involve the aprlication of water in amount�: necessary to bring jsoil to the desired moisture level prior to crop plantl 'ng; "irrigation activities" means operation and mai 1tenance of the irrigation system in an irrigation sch me for the purpo:3e of crop production; ,, r No. 5 National Irrigation A,::t 2013 "irrigation area" means an area irrigated or capa , le of being inigated either by gravitational flow or by lift irrigation or by any other method so dec r red by the Minister responsible for land under the provisions of section 16 of this Act; "irrigation efficiency" means a ratio between th amount of water effectively used for crop gro t th to the amount diverted from the source; "Irrigation Inspector''' means an officer appoi 1ted under sectiou 13 of this A.ct to wort as inspecto ; "irrigation potential" means a total area which is technically feasible, economically and financially profitable, socially viable ancl envirom11entally ace, ptable that is irrigated or capable of being irrigated n the basis of water availability. Lmd availa ility and suitability; I "irrigation project" means an undertakiug to rehqbilitate, upgrade, improve or develop an irr t · ation and drainage system within a specified time · ·ame; "irrigatfon scheme" means an area where crop are grown under irrigation Hu ough any method incl�ding flood recession; gravity or pump fed can ! l systems supplying either surface ()r groundw ter; water harvesting and pressurized systems such as drip and sprinkler; "irrigation season" 1rn�ans that period of time de,ermined by the Irrigators' Management Commi � · ee during ��ich irrigation water shall be made av ilable to an trngat1on area; 1 "irrigation service" means all adivities aimed af, enhancing sustainability of an irrigation scheme if1icluding but not limited to studies, planning, research� designing, construction, operation and maintrnance of irrigation scheme and capacity building �rogramme; "irrigation service fees" means fee:, payable ar�d collected in terms of sectior. 39 of this Act for the ltJurposes of meeting costs of develoi,ment, opda.tions and maintenance of irrigati,;m works; 8 No. 5 National Irrigatiun A:::t 2013 "irrigation system" means a series of structure and other allied infrastructure including the headwerks, water ::onveyance and . distribttion . syst9ms, farm mfrastructure, machmery an:l equ1pmen , necessary to provide the supply of water for ini ,ation to a parcel of land; "irrigation water" rneam water which is p t on to or retained on land in an jrrigation area b means of irrigation works and includ�s water re J ching such land as rainfall· "irrigation works or i�rigation and drainage in ·astructure" means physical infrastructur,� developectJor installed in an irrigation sy1;tem for the purpose 01 1 facilitating availability of irrigation water from a 'Yater source for crop production covering abstractiort structures. conveyance structures: distribution , structures, drainage structures and on-farm servic ! roads and inclucle (a) all canals, fidd cham1ds, dam and tanks, tube wells and filter point wells which re intended or which may he nsecl for tlhe supply, collection, storage or :ettntion of water used for the for agricultural purposes; (b) all works, err.bankment3, structures supply and escape channels connected with such canals, channels, dams or tanks and spou � installed to supply water; (c) a�l water courses which are supplie with water from such canals. channels, d , tanks or spouts; I ( d) all drainage wmks associated wi � h in-igation systems, that is to say, ::anals, char els, escape channels from a canal or channel, d nor tanks, weirs, embankments, sluices, gr. ynes, field cham1els, and other works for the 1 rotection or benefit of agriculturnl lands r for the reclamation of such other lands; (e) all works int,encled for preventing r regulating 9 r No. 5 National Irrigation Act 2013 the entry of salt water into agricultw ! ll lands; (f) all works in an inigation scheme ccupied by irrigators for the purpose of facilitati g irrigated agricultun: such as canals, channels! reservoirs or tanks and all buildings, machin ry, fences, gates and othe:r erections on such lan s; and any other work which the Commission may, by notification, declared to be an inigati n work; "irrigator" means an ind:tvidual, company, or rganization which undertakes irrigation operation in j a paiticular scheme; "irrigators' orga11ization" means grouµ of fan ers formed and registered under this Act or any 01\her written law, and approved by the Commission I ursuant to section 29 of this Act to ( a) accommodat1;, jont interests and act" 1ities of all farmers on an irrigation scheme; an (b) ensure increased crop produ tion and productivity tlu-ough optimal man gement of land, irrigation water ar cl operation and maintanance of their scheme; ".land or plot holder" means the owner. or a11y ther person in lawful possession of land in the irrigable area of any irrigation scheme recmdecl as shch in the records of the Commission and includet a lease or tenant and cultivator or other perso t in actual possession, management or control of a y irrigable ��; "lai:ge Beale irrigation scheme" means an in-ig � ion scheme with a command area grenter than t, o thousand hectares; "lift irrigation work" m�ans an irrigation wo . rt by which water is supplied for agricultural purpo es with the aid of a pump set or other m,�chanical de ices; "local government authority" means a local ovemment authority as def:ned in tl1e Local ovemment (District Authorities) Act and t rm "local government authorities" shall be construed 10 No. 5 National Irrigation Act ZOU Cap. 97 Caps. 113 and I 14 accordingly; "medium scale irrigation scheme" means irrigat on scheme with a command area betwec:n five hundired and two thousand hectares; I "member" means a member of the Commissio , including the Chairman; · mmor irngation work" mcludes any irng t1on work facilitating irrigation or useful for the rainage or protection of an in-igable area of not I more than fifteen hectares bu.t shall not indude a lir irrigation work· ' I "prescribe" means prescribed by Re:?;ulations or {ules made under this Act; "Regional Secretariat" means tlte Regional Secretariat established under the Regional Administ ·ation Act; "right of occupancy" has the meantng ascribed to it under the Land Act and Village Land Act; "shared functions" means a joint function uncle taken or to be undertaken by all stakeholders as ma - be agreed upon including research, trammg, 1 extension services, inputs .supply, c10p develop�nent and promotion, iITigation and drainage i1fiastructure development; l "smallholder farmer" ine;ms a farmer engaged ,n irrigation farming on a small holding of agric{11tural land which is up to five hectares and which i$ worked by only himself or with members of his faniily; '·small scale irrigation scheme" me:ms an irrig�rion scheme with a command a.rea up to five hundred 1 hectares; ''·stakeholders·" means a person or an organisatiJon involved in the irrigation sector includi ilg central government, local go·,ernrnent authorities, Commission, development pa1iners, cooperative societies, producers, dealers of irrigatio equipment, input suppliers, research and extens on service providers and all persons with veste interest in 11 No. 5 Cap. 331 Cap. 331 Establish­ ment of the National Irrigation Commission National Irrigation A ::t 2013 irrigation development; "water course" means a river, stream, springs, cl aimel, lake and includes any tributary or branch o·' any river, stream, springs or channel; "water management" means all deliberati�e human activities designed to optimize the avaifability and utilization of water for agricdtura.l purpor,es; "water resource'' has the meaning ctscribed to 11t under the Water Resources Management Act; I "water user" includes any individua:. or body corporate or a society or an institution or organization sing water for any purpose from an irrigation syste1 ; "water use permit" shall have the same neanmg as ascribed to it under t:Ie Water Resources Management Act. PART II ADMINISTRATION 3.-(1) There b hereby established a Co 1mission to be known as the National Irrigation (:ommissio � (2) The Commi:,sion sha'.l be an i dependent depai1ment of the Government under th Ministry responsible for irrigation. j (3) The Commission shall be a body couporate with perpetual succession and a co1runc1n seal and shall 111 its own corporate name, be capable of (a) suing and be sued; (b) acqumng and disposing m vable or immovable property; ( c) borrowing money and entering m o contracts or other transactions; and ( d) doing all such oth,�r things f or proper perforrmmce of its dttie: ;, and d scharge its functions under this Act and any other i;ubsidiary legislation made theretm er. ( 4) Notwithstanding the preceding pr v1s1ons of 12 Nu. 5 Cap. 5 National Irrigation Act 2013 thi:, section (a) the Commission shall have a duty of notifying the Attorney Gen ral of any impending suit or intention t institute a suit o r . matter for or 1 gainst the Comm1ss10n, I (b) the A�torney Get:e ral shall �a r e the right to intervene 111 any smt or matter institu:ed by or against the C mmjssion. (5) Where the Attorney General i1�ervenes in any matter in pursuanoe of subsection ( 4), th� provisions of the GovenuT1ent Proceedings A.ct, sha ! apply in relation to the proceedings of that suit or m tter as if it had been instituted by or against 1he Government. (6) The Commission shall have al governing Board composed of a Chairman appointkd by the President and ten other members appoin1led by the Minister as follows ( a) representative nominated from the Ministry responsible for agricu tme; (b) a representative nominated from the Ministry responsible for ]and; (c) a representative nominated from the Ministry responsible for water� (d) a representative nominated from the Ministry responsible for en iromnental matters; (e) a Principal State Attorney no ninated by the Attorney General; (t) a representative nominated from the Ministry respc•nsible r local government; (g) a representative nominated from the Ministry responsible for liv l stock and fisherie�. developmen1; (h) two representativ1:s from ther Inigators' Organizations; (i) a person qualified in matters relating to 13 No. 5 Investment in the Irrigation develop­ ment Functions and powers ofthe Commission National Irrigation Act 2013 iITigation nominated from a higher learning institutio:1 that offer irrigation training programme. (7) The Director General of he Commiss on shall be the Secretary. (8) In exercising powers u1der subsec�ion (6), the nominating authority shall ti (a) ensure 1hat the nominated erson hasadequate knowledge· and comp tence in his respective professio :i; (b) nominate a principal officer; an (1�) take into accounl gender balance. (9) The provision of the First Schedul shall have effect as to tenure of office, cessation of membership and other proceedings of the Con�mission. I (10) The Minister may, by Order publ�shed in the Gazette, amend, add to, vary, revoke or replac� any of the provisions of the First Schedule other than . the p ± 1 visions set out in paragraph 2 of the S,::hedule. 4L-(l) Subject to the provisions of t is Act, the Commis-sion may by itself or in collaborati n with the private sector. invest in the irrigation developf1ent as the Commission may deem fit, and may from time t time vary, withdraw or realize any srn::h investments. (2) The Commission shall exercise sue the carrying out of such activitie5 as are ne essary and advantageous in the development and manage ent of the irrigation sector. J (3) The Commission shall primari�y oversee, monitor, regul.ate and supervise the implen j entation or flmctions of the Commission as prescribed w1der this Act. 5.-(1) The Commission shall be res onsible for coordination, promotional and reg, tlatory func ·ions in the development of the irrigation sector. 14 No. 5 National Irrigatiun Act 2013 (:!) Without prejudice to the generality o subsection (1), the Commission shall-- I (a) advise the government c,n implemeihtation and revi ew of the Na�ional Irrigation Polic �, Strategy, Nat10nal Imgat10n Master Plan alnd related legislation; 1 (b) represent the government in na ional and international fora and collaborate wit! both local and international firms or organizat10ns in all matters pertaining to lrrigation devel1pment and management; I (c) coordinate all i nterventions in irrigaition sector conducted by the development partnerl r s and other stakeholders; (d) promote and maintain cc,operation i irrigation and drainage with similar bodies! in other countries and with internatioual bodie t connected with irrigation and drainage; (c) advise the Minister on declaration o irrigation areas for the pm poses of this Act; l (j) plan, carry out studies, design, construct, supervise and administer implemen1a ·ions of the irrigation projects; I (g) establish and maintain irrigation 9onstruction equipment centres and provide hiringj services to support the private sector in irrigation nvestment; (h) register and maintain a register of all I ·igators; (i) promote institutional linkages trammg programmes and suppo1t the recr itment of persons for purposes of empl yment in connection with the in-igation sector; (i) act as a forum for . information sharin t pertaining to inigation and drainage matters; (k.) build capacity of irrtgators for effective parti.cipation at all levels in irrigatio plaiming, implementation, operation and manag ment; (1) unde1iake and coordinate research, isseminate appropriate technologies emanating from the 15 No. 5 National Irrigation A,'.:t 2013 ComrniLtees or the Commission Seal of the Commission (m) (n) (o) (p) (q) (r) research findings and prc,vide techni al support services on irrigation; promote development of multipurgose water storage facilities for irrigmion purpose r and other social economic activities; regulate all matters related to irrigation development an:l to overs,�e collabora ion among difforeilt players in the development cjf irrigation and drainage; �' approve construction l)f irrigatic n works, standards and guidelines for the devel · pment and management of irrigation and d.rainag9; promote efficient water u::;e in irrigat�on systems and ensure compliance with the Integ � ,ated Water Resources Management approach ir irrigation development; advise the govunment in all. matters ! relating to development and management of irrig�tion sector in the country; 2.nd I perform any other functions ,vhich a+ necessary for effectively ,:arrying out the purp ses of this Act. 6.-(1) The Commission may, for the urpose of facilitation of the performance of its functions under this Act, es1ablish such number of Committees �o perform specific functiuns as may be directed by the Com 1 1ission. (2) The size, functtons, tenn1, and condif ons of such committees shall be as may b1� dctermin d by the Commission. 7.-(1) The common seal of the Commissi n shall not be affixed to any instrument except in the pre�ence of the Chairman or the Director General, 01· in their ab�ence, by an authoriz�d of f icer of the Commissic1n and two h1embers of the Board. I (2) The Commission may appoint and en{ploy agents or officer to manage, administer, tra11sact any bu1 iness or do 16 No.5 Appoint­ ment or the Director General National irrigation ,frt 2013 any act or render any services required to be tr nsacted or done in the execution of its functtons or for the better cauying into effect the purposes of this Act o any other written law enforced by the Comrnission. 8. -( 1) There shall be the Di rec-tor Gen ral of the Commission who shall be appointed by the Pre, ident from amongst persons with integrity, necessary qu4lifications, experience and competence to manage effidently and effectively the affairs of the Commission. I (2) The Director General shall be the Chi et Executive Officer of the Commission and shall be responsible for day to day administration and manage1mnt of the a· airs of the Commission and shall in particular ( a) be n::sponsible for the management of funds, property and business of tbe Commiss on and for the administration, organization and co�1trol of the staff of the Commission; i (b) enforce the provisions of thi:, Act an ! ' any other subsidiary legislation mad1� thereunder (c) keep in custody the seal of the commis ion; (d) maintain records of all activiti s of the Corrunission; (e) register and maintain a rt·gister of ir · gators and irrigation schemes; (J) monitor and assess activities being cai:ied out in the irrigation schemes in c,rder to ensu1 e that they are advantageou.s to the national econo�y; (g) perform any other :function:, that are n�cessary for effective carrying out the provisions o�this Act. (3) For proper discharge of his function$ under this Act, the Director General may assigll any functiJn provided herein to any authorized officer. I (4) In the performance of his -:1.1nctions untler this Act or any st1bsidiary legislation made thereunder, t�1e Director General shall comply with the direc1ive of the I ommission as may be issued from time to time. 17 No. 5 Appoint­ ment of other Directors Staff of the Commission Regional irrigation offices National Irrigation A,:·t 2013 9. There shall be such nurn ber of Dire tors to be c . appointed or employed b) the Commission fro J n amongst persons who possess high level of integrity, necessary qualifications, experience and competence o manage efficiently and effectively the affairs of the Com 1ss1on. 10.-(1) The Commission shall have powers to establish such numbers of :,ections or offices as i, may deem fit for proper discharge of its functions under this ct. (2)The Commission may appoint such officers or other staff as necessary for the proper disch rge of its functions under this Act or any other written la and upon such terms and conditions 1)f sen·ice .;1.s the Com - ission may determine. I (3) Officers and employees of the Comrnission shall hold office for such period, receive inch salaries,\ allowances and benefits, subject to such terms and c;onditior I of service as may be determined by the Commi�;sion. (4) Where a person is seconced or trans· rred to the service of the Commission under t l1is Act, hi terms and conditions of employment with the Commission .shall not be less favourable than those of his preYious emplo�ment in the public service, and his service with the Commis�ion shall be deemed to be continuous . with his previous e1niJloyrnent in the public service for the purpo�es of detefmining his entitlement to and quantum of pension, gratu ty or other superannuation benefit. H.-(1) For effective discharge of func,ions of the Commission, the Commis!,ion shall establish sue 1 number of region irrigation offices t.c, be headed by Regionjal Irrigation Engineers as it may deem fit. ( 2) A Regional Irrigatiou Engineer� r sball be responsible for the following functio 1s ( a) provision of expertise and services �o the local govermnent authorities in the develbpment and J I) 0 No. 5 National Jj·rigation A,::t 2013 management 0f irrigation and drainage infrastructure within resi:ective juris ictions in collaboration with other relevant autho ·ities; (b) identification of irrigaticn potential areas for development wi·:hin their respective ju isdictions; (c) preparation of irrigation projects feasibility studies, detailed designs and tender do uments; (d) provision of technical support to local gov,�rnment authorities and the priva e sector in the development and management or irrigation schemes in their areas; l (e) preparation of manual�. for ope ation and maintenance of irrigation t:chemes; (t) assisting in the formatio11 of farmer irrigation organizations; (g) incorporate or main:: tream en ironmental mauagement issues in irrigation a cl drainage plans and designs; (h) data collection for irrigation data ban.kl (i) prepar ation of plans for the uti[ization of groundwater and surfac,:: water refources for I irrigation purposes; I (i) ensuring quality �ontrol of irrigation and drainage infrastructure; I (k) supervision of construction and rehabilitation of irrigation and drainage wc,rks; J (I) diss,;;mination of new comtruction i ovations on irrigation and drainage infrastructure; l (m) facilitation on the undertaking of abaptive and applied research on various irri�ation and drainage aspects; j (n) prornotion of renewable energy for irrigation and drainage purpoi;es; I ( o) promotion on the use of locall� available construction materials tested with pojitive resuHs for optimization of costs and water 101ses; and (p) collaboration with E,asin Wat r Boards established tmder the Water Resources 19 No. 5 District Irrigation Deparlmcnls National Irrigation A,::t 2013 Management Act to pro1no1e integr. ted Vvater Resources Management and issues regarding irrigation water 'JSe permits. ( q) to coordinate activities of the Conu ission and District Authorities on the enforcem nt of this Act· I (r) facilitate promotion, development, fo�tering and upholding of local g,)Venunent I authorities towards realization of their goals fnd targets pertaining to irrigation development; (s) advise the Director General on the implementation of this Act; (t) facilitate the designation of the Distri t Irrigation Offices m the areas to foster irrigation development and management; and (u) perform such other functions as may e entrusted to them by the Commission for the better implementation of this Ac,. (3) A Regional. Irrigaticn Enginee� shall be appointed from amongst senior public oHicers w t l.th relevant qualifications, experience, :;kills mid <:ornpetence n irrigation development. (4) The Regional Irrigation Engineer s all, in the performance of his fimctions be accountable to he Director General. 12.-(1) For the betterment of carry'ng out the provisions of this Act, "the Minister responsi 1 le for local government may, in consultation with 1he Minis er establish Irrigation Department in a District Authority as may be a.dvisecl by the Commission. (2) The District Irrigatio.t1 Departme 1t shall be headed by the District Irrigation Engineer ar l 'd equipped with professional qualified staff in relevant field. (3) Functions of the District [rrigation Depar1ment shall be to assist the Commission in exec ,tion of its functions as provided for under section 5 of this let. ( 4) Without prejudice to the general'ty of sub 20 No. 5 National irrigation A,-:t 2013 section (3), the District Irrigation Departme t shall be responsible for the follmving I (a) to identify irrigation schemes, plap.ning and designing, comtruction and operlltion and maintenance of irrigation s,:hemes in c llaboration with the Regional Irrigation Offices; (b) to provide linkage betwe�n Regiona Irrigation Offices and irrigators' organizations; (c) to collaborate with stakeholders in respective districts as regards to the develo ment and management of irrigation s,:,hernes; 1 (d) to collect, maintain and disseminate data in relatio1� to the irrigation activitie l in their respective areas; ( e) to facilitate the formation of irrigators organisations and ensure that organ ! · ations are equipped with required skills for ef:ective and sustainable irrigation management; (f} to ensure that irrigaton are pro ided with appropriate training for effective man gement of 1rngation schemes for enhancing pro l uction and productivity of crops; (g) to support the formulaticn and en£ cement of irrigation by-laws by the lrrigators' 01\ganizations in their jurisdiction areas; (h) to support irrigators in soliciting unds for irrigation development; (i) to disseminate guidelines on irrigation interventions; (j) to ensure that village leadership suppft irrigation devdoprnent intervention in their areas � · (k) to provid . e backstopping services to th farmers in the irrigation scheme by establishin irrigation scheme management support teams; (1) to implement all directives as reg t j1rds to the irrigation development and manage· .ent which may be issued by the Commission f: om time to tim�; and 21 1 No. 5 1\ppointment 0f Irrigation Inspectors Powers of Irrigation Inspector National Irrigation A,::t 2013 (m) to perform such other duties ill regard t irrigation development as provided for under thi Act. (5) The District Irrigation Engineer sh�ll, prepare on quarterly basis a report on tt.e performa r, 1 ce of his functions for submission to th<� Regional Irrigation Engineer. (6) In performing functions under th s Act, the District Irrigation Engineer shall, when deali l g with all technical issues relating to irrigation, be accoun able to the Commission. (7) Every Local Government Aut�brity shall f; . acilitate establishment and operation of tlp.e District Irrigation Departments and ensure that all allocated resources are effectively utilized so 3.S to achiev! objectives of this Act. 13.-(1 ) The Commission shall, upon the recommendation of the Director General an� by notice published in the Gazette, appoint or designa t e qualified irrigation engineers or any other qualified o ·ficer from regional offices or under the local government amthorities to be Irrigation Inspector who shall exercise powe s generally respecting irrigation matters in accordance with the provisions of this Act or as may be prescribed. (2) Any person appointed or de ignated as Inspector under subsection (1 ), shall be given 1 certificate, identity card or a document as showing p 1 oof of his appointment or designation which �hall be pro uced in the exercis,� of his powers under this Act. (3) Inspectors appointed un:ler this section shall, in the performance of their funclion be account1 ble to the Director General. 14-(1) An Irrigation Inspector a pointed or designated under sectic·n 13 ( l ), may at any reasonable time of day and upon reasonable notice ·· (a) enter into any i1Tigation scheme o · any place 22 No. 5 National Irrigation A r::t 2013 where irrigation activities are uncle taken, and inspect and examine works for � urposes of ensuring that the provi� ions of this Act or any regulation or rules nude hereun er or any directions gi'len or order made by tl:�e Minister, the Director General are being com�lied with; (b) require any person to produce for iqspection or for the purpose of obtaining copid thereof or ex.tract there from, any document relating to financing, drnwings, designing, i tended for the construction or installation of ar y irrigation work; (c) order the owner or occupier oft e irrigation land to-- I (i) maintain, repair, renew or replace any channel, pipe, building, stru1ure, fitting, equipment, tank, pond, da.µ1 or other facility forming part of the i i · ·igation and drainage system: (ii) clear any channel, pi e, fitting. equiprnent, tank, pond, clan or other facility fo1ming pait of the irrigation or drainage system provide 1 by the authority; (iii) clear the bush, weeds or s· des of any likely to damage works or 1arbour rats or other vermin. (d) inspect, examine or sut . vey land i1t connection with the planning, design or constrpction of an irrigation or drainage s y stem, or extimsions to or alterations of, an irrigalion or draii1age system and for that purpose the irrigatio�1 inspectors 1nay-· I (a) fix posts, stake�; or other mtlrkers on the land; or I (b) dig trenches or sink test holek on the land to detennine the nature of the top soil 23 No. 5 Restriction of unqualified Irrigation lnspeclors Declaration of irrigation area National lrrigatiun A ':t 2013 and underlying s1 rata; or (c) remov,: sarnples of any mater al from the land for analysis; or ( cl) exercise any other powe s that are necessary for the implement tion of this Act. (2) The owner or occupier of any land · r premises and every person found therein, shall give to a Irrigation Inspector all reasonable assistance iu exercising his powers provided herein. (3) An Irrigation Inspector nny, if he ha reasonable grounds that any of the provisions of this Act orl regulations or orders made under this Act have been violate�, seize any property or material whicl1 is connected to such !violation or issue a i;top order against any action to which t�e violation was committed. j (4) Any person who is aggrieved by orders of an inspector under this section may, within fourtee1� days from the date of issuance of the orders. appeal to the Mfinister. (5) The Minister shall cletennine the a1�peal vvithin twenty c1ne days from the date of recc:ipt of such 4ppeal. 15. Any person not being q11ali fied as Jn Irrigation Inspector, who purports to act :1s Irrigatio�� Inspector commits an offence and upon convidion shall bF liable to a fine not less than five million shillings or to idiprisonment for a term of not less than two years but not exc eding three years or to both such fine and imprisl)nment. PART III DECLARATION OF IRRIGATION AREA AND LAND CLASSIFICATION 16.-(1) The Minister resporn:ible for lan may, after consultation with the Mini.ster and by Order pub�ished in the Gazette., declare any area speci:fiec. in the or er to be an No.5 National Irrigation A,:t 2013 irrigation area for the purposes of this Act. (2) A declaration made under sub sectio 1 (1 ), shall define the boundaries of such area and m y include headworks and conveyance systems of any metho�. (3) Where it is proposed to constitute ah irrigation area under sub-·section( 1 ), the Commission shall I forward to the Mini.ster a report wif1 respect to the proi::iosed areas which shall contain or bt: accompanied by th l following particulars, namely ( a) map or plan showing the boundaries a, d the 1�xtent of the lands proposed to be comprised i the area; (b) a description set1:ing forth the scheme and purpose of the proposed irrigation ,, orks; ( c) a ge11eral plan, prepared 011 a scale app oved by the Minister, showing the nature and e tent of the proposed irrigation works; (cl) report on the Environmental and cial Impact Assessment; (e) an estimate of the total cost of the irrig�tion works if to be constructed by the Commissior� and of the annual charges necessary for the mai1rtenance and management of the scheme; I (f) an estimate of the annual revenue exrected to be derived from the proposed works; I (g) an estimate of the quantity of ,;vater th�t is proposed to be made available for use for irrigation purposes in the area, after making allowance fot present and probable future requirements for all pr any othu purposes; and a statement •}n the t ources from which it is proposed to obta�11 it, spec f�ing, where deemed necessary, the quanttty and qu hty of water I proposed to be taken from each of suc\ii sources and the seasons at which it is tc, be taken; j (h) statement of the existing water sourcp within or · outside of the area, over or from which! it is intended that the Commission shou1 d exercise �ny control or draw any part of its supply, and the nature or extent No. 5 National Irrigation A,::t 2013 of such control, and for what purpose s ch control is necessary; (i) an estimate of the approximate value o i the 1�xisting irrigation works, if any, wilhin the are· which it is proposed that the Commission shoul take over from any existing authority or person; I (j) a statement of i:he quantity of irriga i le land that may be beneficially irrigat�d, and of : e character and description and value of such lan in its then state, including all existing 1mproveme1 l its; (k) information in respect to the advantag s which are likely to accrue generally from the esta lishment of the iuigation schemes in the said irrigatfd area; and (l) an y other information as rnay be presdribed in the l . I Regu ations. I (4) The :t,.,iinister may, at ally lime and uphn advice of the Commission, by order published in the Gazette{ (a) combine two or more inigation areas int<j> one area; (b) divide an irrigation area intc, tv\ o or morb areas; (c) alter the boundaries of an irrrgation area y including in an area part of another area and exclt ding it from the latter; ( d) include in an irrigation areL an outlyin, area of the scheme; ( e) abolish any irrigation area; or (f) adjust any financial or other matters i1 his opinion has an advantage or is bereficial for 1 l1e irrigation development in the country. (5) Where any declaration referred to in sulp-section (1 ), affects the existing land rights, the holder of such \land shall be entitled if he so wishes to be a shareholdcir or to be compensated in accordance with relevant Land Lew or as may be agreed upon or to both. 26 No. 5 Land a,;quisition for irrigation Develop­ ment Cap. 118 Classifi­ cation of irrigation land Undertaking of irrigation works National lrtigation A<;t 2013 17 .-(1) Vlhere it is necessary for better ac ievement of objectives of this Act, the Minister ma), upon consyttation with the Minister responsible for Land and Minister responsible for Local Government, advise the President to acquir t , subject to the provisions of the Land Acquisition /\ct, any land or any estate for the purposes of irrigation development. (2) There shall be evidence of consul�ations with affected persons or Village General Assemblies of affected areas submitted to the President together with the · dvice of the Ministers. 18. The Commission may, upon the reco nmendation of the Director General, classify all Lmd ·within fn irrigation area for its suitability for specific crops and irrigati 1 n methods. PARTIV CONSTRUCTION OF IRRIGATION WORKS 19.-(1) For the purposes of this Act, irri ation works may be undertaken in an irrigation area by (a) Local Government Au1horities; (b) individual farmer; ( c) irrigators organizatiorn; (d) registered companies or firms; (e) Governmental or Non-G' b vernmental Organizations; or (f) any other person approved by the om.mission pursuant to this Act I (2) Notwithstanding the provisions of st t section (1 ), undertaking of irrigation works may be supp rted by the Commission in collaboration with any of approve entities. (3) Where a local governmeLt authority or any other person or corporate body intends to invest I in irrigated agriculture including carrying ou: studies, bndet1aking, operation and maintenance. may 1equ-�st for the s rvices of the Commission to undertake such activi1 ies subject t such terms and conditions as may be agreed upor.. 27 No.5 National Irrigation Act 2013 Application for construction of irrigation works Cap. 191 (4) ,vhere necessary, constrnction o 1rngation schemes shall among others, consider inco [ oration of watering point�: for the pm poses of providing dr nking water for livestock. 20.-(1) No irrigation works shall be cons1tructed until the proposed scheme of the undertaking has been �ubmitted to the Commission for approYal and such project is lsubjected to the Environmental Impact Assessment as providrl for under the Environmental Management Act. I (2) Any person other than the Commissioni who wishes to construct inigation works in any trrigation ar�a shall first apply for the approval of the Director Gen�ral or any authorized officer acting on his behalf pursi1ant to the procedures prescribed in the regulations made under this Act. (3) Application made under subsection (2) shall be accompanied with the following­ (a) design repor:; (b) list of drawings; ( c) bill of quantities; ( d) ,,vater use permit; ( e) title deed in ,::ase of private sector; (f) registration certificate lssued under this Act for aggregated farmers; (g) detailed feasibility stuc.y report; an l d (h) such other information as may be required by the Commisi;ion. (4) Where the Dir,ector Geni!ral is satis led with the contents of the application, he shall refrr to the ; ommission for approval, a list of applicants with this respective irrigation works. (5) The Director General �.hall issue 'n irrigation certificate to every approved construc1:ion irrigatio, work. 28 No. 5 Construction and commi­ ssioning of irrigation works by Commission Consequ­ ences of construction of irrigation works Cap. 331 Compensa­ tion for damage suffered due to construction of irrigation works. National }I-,,-fgafiun A,�t 2013 2 L Where the Cormnission considerf that it is necessary, in the interest of the general public, to jconstruct an irrigation work of a11y kind on an irrigatipn area in collabon1tion with any person or body of wersons, thi;, Commission may, by notice publishieg in the Gal1ette, declare its intention specifying the area w·'lich is pro osed to be covered by such inigation work and such other articL1lars of the intended irrigation. 22.-(1) Subject to the prov1s1ons of the Water Resources Management Act, where the Commi sion or any person authorized under this Act con:;tructs an ir��gation work for utilizing the water from a water scurce, the Clynmission or such other person shall be entitled to regulate f bstractions, utilize, protect and distribute water i1 accordanc with water use permit from such water source in such a ma mer as may suit the public purpose. I (:�) No person shall, without the sanf tion of the Commission or such authority as nrny be autho f ised by the Commission in that behalf, construc1 any irrigat on works or interfere with or obstruct the flow of water i t1 any water channel. C,) No person shall use water from any irr i ·gation work owned or. controlled or maintained by the Commi 'Sion for any purpose other than domestic purpose without the uthorization by the Commission or any other authorized office \ . 2J. Any person who, by I eason of the co 1struction of an irrigation work or exercise of any powers b � any person or body of persons under this A.ct, suffers mat rial damage on account of the deprivation or infringement f his right to use water somce for the purpose of irrigating 1;fs land or for any other purpose, shall be entitled to a com�ensation for such damage in accordance with relevant la ! s governing compensation. 29 No.5 National Irrigation /,kt 2013 , Entrustment of irrigation vvorks Construction of minor irrigation works 24-(1) Where the Commission ·onsiders it n,zcessary so to do, it may, subject to sucll terms and conditions as may be specified by it, entrust the ,construction of irrigation works, to any local government i ' uthority or irrigators organization or to any other body corp rate. (2) The local government authority r inigators' organization or any other body corporate to whi 1 h any work is entrusted under sub- section (I) shall u4dertake the operation and maintenance of such work after cpmpletion of formal agreement which shall stipulate terms a 1 d conditions for such maintenance and upkeep. 25. The Commi�:sion may enter into ervice level agreement with the local government authori � y, irrigators organizations or any person for providing su port in the construction and maintenance of al I minor irri ation works as may be agreed upon. PARTV CATEGORIZATION AND APPROVAL OF IRRIG TION SCHEMES AND IRRIGATORS Categori­ sation of irrigation :,cbemes Categori­ �ation and approval of irrigators 2<,.-(1) The following shall be categorie, of irrigation schemes for the purposes of this Ac1 ( a) small scale irrigation schemes; (b} medium scale irrigation schemes and ( c) large scale irrigation scheme. (2) All irrigation works on an iITigation area shall be subject to approval or registration a cording to categorization at the Commission, ri�gional and istrict levels in the manner provided for in the Regulations. 27.-(1) The following shall be irrigate-rs for the purposes of this Act (a) individual farmers; (b) Irrigators Organizations; (c) companies; 30 ategories of No. 5 Management of irrigaJion !schemes National krigation Act 2013 (d) public entities; (e) Non-Governmental Organisations r and (f) any other body of persons. (2) An individual farmer or body corpo ate shall be recognized and approved as an inigator pursua t to this Act ifhe is the owner or occupier of the land in a particular irrigation scheme and is a holder o Water Use Permit for irrigation purposes as issu1 d under the Water Resources Manag�ment Act; is in the approved trrigation �-cheme; and is a holder of irrig;ation cer1ificate issu cl under this Act. PART VI MANAGEMENT OF IRRIGATtON SCHEr ES 28.-(1) An irrigation scheme shall be ma aged by the local government authorities, public or pri ate entities, individual farmers, or irrigators' organizations or any other body or body corporate. (2) For effective nrnnagement of irrigat on schemes, it shall be the duty of the Commission, Region l Secretariat and local government autholitie5 in collab! ration with respective irrigators, to ( a) promote the formation of inigators' organizations; (b) ensme that all farmers owning land. in an irrigation scheme are members oft 1e irrigators' organization; j (c) strengthen tbe capacity of irrigators r · ( d) support irrigators to prepare l, y-laws and facilitate their enforcement; ( e) institute mandatory formal tra 1saction on transfer of land from 011e farmer to another in an irrigation scheme for o;,enness and transparency pertaining to the responsibility for the operation and maintenance of th:: inigation ·nfrastructure 3j No. 5 Cap.331 National Irrigation Ad 2013 where necessary; (f) create awaren�ss on Integrated Wat r Resources Management approach; (g) (h) (i) G) (k) (1) facilitate the establishrn ent of ape forums of the irrigators' organization to ena�le them to have effective repn�sentation of schemes management into river basin manakement sub-­ system as provided for in the Watdi· Resources Management Act; I institute public private partnership t rrangement for effective operation and mai tenance of irrigation schemes; undertake transitional measures b r providing competent staff to form scheme nanagement support team:; while the farmers ti1rough their organizations are getting experience to tal<:e over their responsibilities; monitor public entities and private investors in medium and large commercia ungatiou schemes to ensure that they atiide by the prevailing co11trnctual agreements a cl propagate tlte benefits of their experience to the out growers; promote manage1rn:nt of irrigation infrastructure.3 by service providers n the private I sector whe1 e farmers have qlemonstrated inadequate capacity; I create awareness and enforf ement on participatory, demand driven, cost! sharing and recovery on i11vestmenls for" schemes implemented through public funds; I (m) (n) promote development of value t,ddition and marketing infra structur<;: to leverag�linvestment; ensure establishment and ma1 x · tenance of irrigation data base at both natio al and loca.l government authority levels fi r effective I planning, implementation and m ' agement of irrigation. interventions; and 32 No. 5 Establish­ ment of irrigators' organization National Irrigation A<:t 2013 ( o) perfonn any oiher functi,)ns. (3) Irrigators in a particular inigation sch me shall be recognised as beneficiarit:s of the said scheme nd as such, they shall­ (a) ( b) (c) be responsi.ble for identifying p�oblems and opportunities associated with their schemes; participate in the 9lanning, �esign and implement:ati-:m of irrigation deve�Epment and be fully responsible on operation and maintenance of their irrigation !schemes in specified are.is within the respecti i �e schemes; and be entitled to receive relevant aining and information on the rnanageme t of water. environment, irrigation and best agronomic practices. 29.-(1) The Commission in collaborati n with the local government authorities, facilitate establisl 11ent of the irrigators' organizations with due consideration of layout of a particular irrigation scheme. (2) With effect from the da1:e of registr · tion, all the fam1ers having agricultural lands or fields withi , a particular irrigation scheme shall b,� required to become t nembers of the organization and be bound by the organi·- ation's by laws. (3) There shall be an officer to . ssist in the management of the activtties of th1:: iirigators' J organizations who shall b�; designated or appointed from the District Irrigation Department by the re,evant loca( government authorities after consultation with th� Commissi�n. (4) The Commi�,sion or lc,cal governrhent authority may, fro1n time to fone, give: direction� or suggest modifications as and wh1�n required for the functions of the Irrigators' organizations c,r committee or author 1 se any officer or body of officers for forming and monitorin the activities of such organizations. 33 No. 5 National Ji-rigation A1;t 2013 ........ th,· 11-rigat,)rs' orgr-1niz.;l­ fons Cap.191 C..,p. 33 l !'unctions of the lrrig,ators' Organiza­ tions 30. Objects of the irrigators' organiwtions shall �nclude (a) to pn.� mote and secur� equitable d [ stribution of 1rngat1on water among 1t; users; (b) to create awareness for water conservation, adequate mair:tenance of the irrigation systems, efficient and 1;conomical utilizatio ; of water to optimize crop production; and ( c:) to protect the environment and to ens re ecological balance by involving tl:e farmers, inculcating a sense of ownership of the irrigatio' systems in accord,mce 'Nith the prov1s10 of the Environmental Management Act, Water Resources Management Act, and an other related legislation. 31. The irrigatorn' organizations shall perform the following functions ( a) to prepare and implement water sch dule for each irrigation season, consistent with tl e operational plan, based upon the water use pernhits, area, soil and cropping; pattern as approred by the Commission or Local Gcvemment A f. thority; (b) to prepare a plan for the o eration and maintenance of irrigatior. system at t i e end of each cropping seas-cm and carry out th maintenance works of the irrigation sy:,tem un er its control with the fund� of the irrigators orga ization from time to time; I ( c) to regulate the use or water and land in its irrigation system; j (d) to promote water use efficiency of al ocated water; (e) to assist the Commission or locail government authority in the collection of irrigatiJn service fees and cost recovery fees as the case mJy be; (f) to maintain a register of land holders and organization members within tl eir irrigation 34 No.5 Sources of funds for the lrrigators' Organiza­ tions ! 1i.UC\.. "-dti r.. � ii,r !<1ki11g ;ip V1.t)rk�. . \iiocah.m ·rrigufir)n National Irrigation Act 2013 scheme; (g) to prepare and maintam an inve lory of the inigation system including assets 1d liabilities within their irrigation scheme; I (h) to monitor and keep records of w ker flows for irrigation; (i) to resolve any dispute between he members within their irrigation scheme; (j) to cause and rnaintain ammal audited accounts and other records a3 may be i:resnibed; (k) to review regularly water allo ations and periodical performance monitoring 1d evaluation as may be pres(;ribed: and (1) to perform any other functions as may be prescribed in their by- laws. 32. The Irrigators ) Organizatlons shall n aintain their own funds for proper management of their ac [ ivities such fW1ds shall comprise the following (a) fees collected from their members as p, ·ovided for in their by-laws:, I (b) such other funds received by way \of grant or donation from the govenunent, individuals or body corporate to support for tl:.e irrigation �.eveiopment in their area of operation; and L (,:,) any amount received from any other la ful source. 33. Th� Commission or loc:tl governm \ nt authority shall authorize the Irrigators' orgar.izations to take up and execute all the works for rehabilitation of thtr irrigation systems under close supervision of the Commis 1 dion or Local Government Authorities as the case may be . 34.-(1) For the schemes ovvned b!y irrigators organisations, the Management Committee of j 1e irrigators' organisation shall in com:ultation viith the Vil age General Assembly, authenticate ownership of plots or all cate plots on 35 No, 5 Disputes �-elllemcnt on irrigation schemes Cap. 331 National Irrigation Ad 2013 an irrigation scheme as the case may be, to its embers for such terms and conditions as it ,teems fit £pr effective development of irrigation within its area. I (2) In authentiCZ\tion or allocating plots, the IV!cmagement Committee shall have n!gard to the residence of the farmer and his capacity to dfectively 11anage the authenticated or allocated land. (3) A plot shall be registered in the nam of a person whom the plot bas been authenticated or allocated 1 and shall be held by such 1egistered holder for a period specified in the certificate of allocation as tae case may be. j (4) A registered holder of a plot may in !consultation with his Management Committee, dispose or trans fer his right to any person or body corporate pursuant to the elevant land laws. (5) Where the right to hold a plot is t ansferred to another person, such n.ew owner shall b come fully responsible for the management of the land cl associated inigation infrastructure in accordance with the rovisions of this Act. 35.- ( 1) [u order to 1mmm1ze wat r and land conflicts on irrigation schemes, the ComrAission shall collaborate with the local government authorities! bas.in waler boards and respective irrigators using water frbm the same source and establish a mechanism for amicable �ettlement of disputes within the schem�s througb involvemer t of relevant government institutions or systems. (2) For the purpos,� of this section Basin Water Board means Basin Water Board established unde the Water Resources Management A,::t. 36 No. 5 \VithJratv aqd ,, liTc'uder oi i1rig,.n1on pit•h ( ap. 11 :; «ml ll4. Fo\v�'r t ... , pn:scrilw good a; ;riculturnl prnc,ict�,; li rtg,11iu11 Ph.·�hod!- in lrriga1it)n Power to take over irrigation works for maint.ena nee National Irrigation Act 2013 36. The provisions of Land Act and Villa e Land Act governing land withdraw or surrend,:r of land s all apply in relation lo any holder of a plot who breaches th conditions for ownership or occupation of a plot in irrigatio1 j schemes 01 wishes to surrender the plo:r as the cme may be. 37.-(1) ·whenever the Commission is satiqfied that for the better utilization of land for inigation anltl water use efficiency on an irrigation schem::, it is exhedient and desirable in public interests to regulate the kind of agricultural practices and irrigation methods on irrigation are under such irr igation scheme, may by notice p11blished in he Gazette, make a declaration to that effect. (2) Subject to sub-section (1\ the Cot ission, after consultation with the in-igators and resp ctive: local government authority, may specify by notificati n published in such manner as may bt� prescribed, the kind l "' of farming �y�te�s and irrigation methods that i;hall be pra iced on any 1rngat1on area. (3) On the publication of a notification under sub-­ section (1 ), no person shall practice farming sy$terns or use irrigation methods other than th.at specifi l d in such notification during the period specified in such n tification. (4) Any person who contraveres the prov sion of sub-­ section (3 ), commits an offrnce and upon convic ion shall be liable to a fine not less than two 111i1lion shill ngs but not exceeding ten million shillings or to imprisonment or the terms of two years or to both. 38. (1) Where the Commis�.ion consid ,rs that any irrigation scheme owned by any person or body &f persons is neglected or mismanaged, for the public interrst, may by notification to such owner or occupier, temporarily take over the scheme and place under its managem(:nt or m nagement of the local government author:1ty for maintenance. 37 No. 5 Irrigation sGrv1ce fees Irrigation schemes National Irrigation Act 2013 (2) For the purpose of subsection (1), the 'ommissjon shall return the management of the scheme to t1 e owner or occupier after necessary remedies and recover fro+ the owner or occupier of the scheme, the costs relating to o i eration and maintenance thereof. 39--(1) The Minister shall upon c:onsultati n with the Minister responsible for Finance, and by order pub�ished in the Gazette prescribe irrigation :;ervice fees and such fther fees or charg�s for inigalion operation and . mainten4nce in an ungatlon area. I (2) The irrigation se1vice fees :;hall be coll�cted by the Commission, local government authorities 01! irrigators' organizations as the case may be for oi:era.tion and l 1aintenance of irrigation schemes. 40.-(1) Depending on the Eize and n ture of an irrigation scheme, the responsibility for opkration and maintenance of such schemes shall be as follows- \ (a) for small scale irrigation schemes, the owners of the lands benefited by the irrigation Eystem shall. be solely responsible for the operation and maintenance unless otherwise specifie�; (b) for medium and large scal.e i1Tigation I chemes, the irrigators benefited by the irrigation ystem shall be responsible for the operat.ion and m · ntenance of secondary and tertiary conveyance s I tems up to the field level and the Local Government Authority or the Commission as the . � · ase may be, shall be req:ionsible for ensuring proper management of headvvorks ::i.nd mair conveyance systems unless otherwise specified; add (c> for privately owned irrigc.tion schem l 's, it shall be the responsibllity of the owner of tL e scheme to operate and manage the irrigation s stem unless otherwise specified. (2) \\!here the land owners fail to operate nd maintain 38 No.5 Clearance of banks National il'i-;gation Ai:t 2013 their irrigation schemes and the Irrigat.on Inspecto · is satisfied that operation and maintenance of schemes is nf cessary for proper irrigation of lands of such owners, th� In:igation Inspector shall by notice, require the land owners oncerned to operate and maintain the sy:,terns withn such tim or manner as may be specified in the notice. 41.-(1) The Commission ma:1, by notic in wntrng, require the owner or occupier of any land within a y inigation or drainage area to clear the banks or sides of any1 drainage or irrigation works that is likely to damage such wort s or harbou1 pests. (2) Such notice shall require the owner or occupier to take the necessary action within a certain fixed ime, which shall not l:-e less than fourteen days from the date �( the service of the nmice, and if dt�fault is made in comply�ng with the provisions of sueh notice the Irri.gai.ion lnspect�r may enter upon such land and cause action to be taken as required by the notice and may recover the cost of so doing from s ch owner or occupier in any Court of competent jm·sdiction. (3) The lrrigation Inspector may, by notic in wntmg, prohibit the owner or occupier pf any land with n such area from planting any tree or plant on the banks or � ides of any irrigation or drainage works lhat are lil:ely to damage such works or harbour pests. I ( 4) If default is 111ad1! in complying with the provisiorn; of a notice issued under subsection (2;, the Irrigat�on Inspector or any authorized officer may enter upon such land and cause action to be taken to clear my tree, plant or we d from such banks or sides or to remove any sucb tree, plant r weed ancl may recover the cost of so doing from the sad owner or occupier in any Court of competent jurisdiction. (5) Where the Irrigation Inspector equires the destruction of, •)r destroys, valuable trees or pla�.ts he shall, unless notice has been issued on a previous oc' asion under 39 No.5 Commi­ ssion to order provision of proper banks Procedure on failure to contribute for the cost or labour for work to t,e done by joint labour National lri'igation Act 2013 subsection (2) in respect of the land on which s ch trees 01 plants are growing, pay the owner or occupie1 reasonable compensation for the same. 412. The Commission or any Irrigation [nspect.or rn. y, by notice in writing, require the owner or occupier of any J 1and within such area to provide, either individually or jointly with other owners or occupiers, proper banks or bunds to specify levels and distribution or drainage channels for the supp y, drainage, retention or exclusion of water: Provided that, no person shall be require under this section to provide banks, bunds, distribution or drainage channels which will not benefit the land ·where f he is the owner or occupier. 43.-(1) Where, by an agreement ur for an other good reason, any irrigation work is to be done by the joi t t labour of irrigators in a particular i1Tigation scheme or a the cost of owners of all the lands likely to be benefited by su h work, and where any of such owners fails or ne ?;lee ts to do his share of the work or contribute his share of the cost of labo!r, it shall be lawful for the Irrigation Inspecto1, or the Management Committee, or any other officer authorize� by the Commission to i.nvestigate the matter and pass such order as he deems fit, and he may, by such order, also direct t e defaulting owner to execute any po1iion of such work or pa any portion of the cost of the work. (2) An order direchng that the defaulting owner shall execute the p01iion of the work shall also specify the portion of the work to be executed, the time within which it sball be done, or the estimate of the cost of such work prep 1 · red in such manner as may be prescribed. (3) Where the defaulting owner refuser or fails to execute such work within the time specified in th . order under sub-section (1), the Irrigation Inspector, the ' 1anagernenl: Committee or such other officer authorized by the Commission 40 No. 5 l)i;;tribu­ t,on uf V?tf·r 1-n•rn Irrigation works Prohibited acls National Irrigation Ai:t 2013 under that sub-section may entrust the work to be xecuted by some other person, and the cost thereof may be rec vered from the defaulting owner in such manner as may be pre cribed. 44.-(1) Tbe Commis:,ion shall, upon the a vice of the Director General and by notice publi:;hed in the Gazette and any newspaper of wide circulation, prescribe and circulate to the irrigators' organization guideline� for the di tribution of \Vater for all irrigation worb constructed or maintJined wholly or partly at the cost of government. I (2) Owners of private irrigaticn schemes �hall prepare­ records of water abstractions and distributions ahd submit a copy of such records to the Commi�-sion tlu·oug r . respective Regional Irrigation Office'., to enable the Cor mission to rnonitor compfomce ,vith crop water requiremen and Water Use Permit. (3) Any person who contravc·ne�. subsectjons (1) and (2) conunits an offence and upon conviction shall , e liable to a fine of not less than one million shillings and n t exceeding five million shillings or to imprisonment for a tern of not less than one 1 ear or both. 45.-(1) A person shall not (a) occupy or encroach an irrigati n area for purposes other than irrigated agric 1 1ture; (b) let out any toxic indus1rial or dom!stic effluent to any irrigation scheme wit t out proper treatment; (d) operate a sluice gate, regulator or lood gate of a reservoir, canal, or any bther water conveyance systems of an irrikation work owned, controlled or maintained by the I Government or irriga·:ors organizftions unless such person is an I·Tigation In pector or a person duly empovvercd by him in his behalf; 41 No. 5 (e) (f) (g) (h) National Irrigation Ai:t 2013 fish in any reservoir owned, ::naintained r controlled by the Government or irrigators drganizations without the prior perrniss:.on in wri t · ng of the Irrigation Inspector and except in acco dance with :mch terms and conditions and subject to he payment of such fees, as may be presc:ibed.; \ use any explosive or any poisonous substance for the purpose of fishing in a reservoir; I without the written permission of the Commission conduct mining or carrying oper�t:ion using 1::xplosives or any other activity whichj may cause destructive seismic forces v1ithin a distbnce of one kilometer from the irrigation scheme: I let out \:Vater from an i::rigation wbrk owned, ,�ontrolled or maintained by the Gov1rnmen.t and irrigators organi�ations by cutting at}Y bm�d . or ,�onstructmg a slm�e or outlc t or by any pther snmlar contrivance; I (i) c01mects a channel or pipe to the irri.gatio J � or drainage system; G) places or causes to be placed a struct ,re or install equipment in a channel or pjpe conntcted to the (k) (2) irrigation or drainage system; I uses a method of distributing irrigation w ± ler to plants on his land that has not been appr ved by the Commission in respect of the land and th plants to be irrigated. lEvery landholder shall-( a) ensure that irrigation water does ot drain or otherwise escape onto 01 into adjoim t g land so as to cause a nuisance to thE adjoining 1 1downer; (b) maintain, and when necessary repair r replace the irrigation and drainage s) ·stems if so rf quired; ( c) not block. or impede the flov�' of water in any part of the irrigation or drainage system 1-xcept at the direction, or vvith the approval, of the Commission or any authori'.;ed officer acting on its behalf; 4.2 No.5 Obligalion of land owners in respect of works affecting safety of the irrigation IVOrks. National irrigation Act 2013 ( d) when nect:ssary, clear channels and pipes of the irrigation or drainage sys:ern provide to his land: or (e) ensure that channels and pipes o I his land including those forming part of the i 1l rigation and drainage systems are prolected from damage that is reasonably foreseeable. (3) Any person who contravenes the provjsions of this section commits an offence and upon convict,on shall be liable to a fine of not less than two :'.llillion shillings and not exceeding five million shillings or to . imprisonm 1 t for a term of not le�;s than one year or both. 46-(1) Every o�rner of land wi1ose tank, ell, pond or other reservoir is situated above the level of ahy irrigation work, shall maintain the bunds and any oth 1r protection anangements of such tank, welL pond or other reservoir in safe and efficient condition. (2) Where the Irrigation Inspedor is of th opinion that the bunds or protection arrangements referre to in sub-­ section (1) are not in a fit condition and are likel to endanger the irrigation work below, the owner concen ed shall be served with a. notice requiring him to maintain s 1ch buncls or protection an:angements in a reasonably fit condftion in such manner and within such time as nay be spe<tified in the ooti�. I (3) Where the owner fails to comply wi{h the notice under sub-section (2) or the repairs done by hif�1 are in the opinion of the Irrigation Inspector unsatis�actory, the Irrigation Inspector may carry out necessary re�airs to keep such bunds and protection anangements in a fit condition, and the cost thereof shall be realized from such o·Jvner in such manner as may be prescribed. 43 No. 5 C untrnl u!· nJvigat:ion and unplanned crossings Inter- basin water transfer for irrigation Cap 331 Monitoring and evaluation of perfonna­ uce of irrigation !<Chemes National Irrigation A,;t 2013 (4) Any person who is agg:ievecl by rders of an inspector under sub-section (3) ma:,, within f � teen clays from the date of receipt of the order, appeal to the I inister. (5) The Minister :,hall clete1mine the a1rpeal within twenty one days from the date of receipt of such appeal. 47 .-(1) The Commii,si.on may, in consult)ion with the Ministry responsible for transpo1tation and the local government authoritief;, b:1 Regulation prohibit or regulate navigation in an irrigation work. (2) Every Irrigator or owner of irrigation cheme shall ensure that there is no unplarrned canal crossings or watering points in an irrigation scheme. (3) Any person who crnsses 1hrough unp aiu1ed canal crossings or takes water or livestocl tci unplan eel watering points, commits an offence and upon convictibn, shall be liable to a fine not less than one mil.lion or to i bprisonment for a term of not less than one year or to both s ch fine and imprisonment. 48. Subject to the provisions of the Wat r Resources Management Act, no irrigation water from a wa er source in the basin of an irrigation area shall b<! transferred to any other basin, except in accordance with an agreement betvveen the Commission, Basin Water Boardi; and resp ctive local government authoritic:s. 49.- (1) At the end of each cropping season, the Irrigator''s Management Committee ; n collabora ion with the Commission and local government authority shall conduct an evaluation including continuous monitoring df respective iITigation scheme. 44 No.5 National Irrigation Act 2013 (2) Monitoring and evaluation referred t under sub­ section (1) shall involve k>th water utilization akainst water allocations and expenditun: incurred fo1 mainterfcmce of the irrigation systern with reforence to flmds avaiFiable to the irrigators' organization. cover (3) The performance monitoring and eva uation shall (a) equity in watec distr:.bution; (b) increase in pro:duction; (c) increase in producti"ity; (d) crop diversification; (e) multiple cropping; (f) water use efficiency: (g) water quality; (h) utilisation of resources for ecution of works; (i) improvement in the cultivated �reas of the irrigators organization compare to previous season; (j) utilisation of researd1 facilities in adopting high yield varieties of seeds, pes icicles; (k) quality of works undertaken; an (I.) step-wise development of irriga ion system. (4) The results so obtained shall be made imown to all the beneficiaries of the irrigators organizations by !displaying a list containing the benefits accrued with refere11ce to funds spent on the notice board of ,:he irrigatc,rs' organiza t hons. (5) Wherever a work is taken Llp by , irrigators' organization, the estimated cost of the work, it m of work proposed to be executed, details of the executed wr rk are to be exhibited on a board at the place of work. 1 (6) The Commission may render any assistance in the conduct of the performance monitoring and evalu tion and the results shall be sent to all concerned pmiies as stip lated by the Commission from time to time. 45 No. 5 Compli­ ance with enviro­ nmental require­ ment Act No. 20 of2004 National Irrigation Act 2013 (7) The performance mor;iitori11g and eva.l�ation report shall be u1ilized on general performance improve I 'ients of the scheme. (8) A copy of the audit report r;�ferred to it sub-section (7) shall he exhibited on the notice b0c1.rd of th irrigators' organization. j PART VII ENVIRONMENTAL Al\D HEALl'H PROTE TION I 50. (1) Tbe Commis:,ion shall ensure that all irrigation development me integrated with c,ther natur l resources development and management activities such a catchment management in order to protect the environment. (2) Any person who pollutes :ir causes to be polluted any irrigation works commits an offence and upor conviction, shall be liable to a fine of not less thaL one milliory shillings or to imprisonmen1 for a term of not less than six 1ronths or to both. I (3) Without prejudice to the genera ity of the foregoing, the Commission, in wllaboration with other competent authorities in environment and health, s 1all (a) (b) (c) (d) carry out such other activities a1 d take such other measures with regard to itTigktion as may be necessary or expedient for t the better protection of the e11vi1 otm1ent and human health; ,:,nsure compliance 10 the e viromnental protection requirement during planning, implementa::ion and operation stages of irrigation schemes; ensme that unacq�ptab.e environm ntal impacts are avoided and that features s ch as high water tables, salinity and rosion are monitored· I ensure th�.t designs of irrigation schemes take into consideration safety measu� s for flood control and other natural disasters; 46 No. 5 Commission lo coordinate and promote irrigation research National Irrigation Act 2013 ( e) prohibit the use of such dtemical�, pesticides and other substances c:.s may be sbecified on any land under irrigation farming; � (f) control the grazing of livestock in ir ·igation and drainage areas and river bank of rivers supplying water to an irrigation sch me; (g) provide for the environmental sta dards to be adhered by the Irrigators in t e schemes development; and (i) ensure that a.11 irrigators comply with other wTitten laws go, erni ng the en ironmental protection and good af;ricultural prjactices. (4) For purposes of environnental protdction, local government authorities and other stakeholders shall� (a) ensure that all irrigators complty with the directions requiting them to brotect the environment within and in the viJinity of the irrigation areas; and I (b) ensure that all irrigato1 s and other stakeholders do not undc-rtake interventions dJtrimental to the environment in irrigation areas. 51.-(1) For the purposes of ircproving the perfomance of irrigated agriculture for crop prod,1ction, pro uctivity and profitability and ensuring irrigation water ef fciency, the Commission in collaboration ·with other local and �nternational public and private entities, shall conduct, coordi�ate research on irrigation and drainage and promot,:: the findings for use by the beneficiaries i.n line with the National Irrigatio 11 Policy and Strategy. (2) The irrigation and drainage research shall aim at improving hydraulic performance of irrigation i frastructure for effective wa1er management and enhanced croJ production and productivity in irrigation schemes ( a) ensuring effective operati,)n and ma ntenance of irrigation schemes; 47 No.5 (b) (c) (d) (e) (f) (g) (h) (i) U) (k) (1) (m) (n) (o) National Irrigation Act 2013 increased adoption of appropriate tech ologies by farmers for sustainable irrigation develo ment; provide for capa(:ity building of irriga ion experts, service providers :rnd fa1 mers in trrigati n sector; identification of irrigation and draina e research challenges and their solutions; solicitation of adequate fonds for conducting irrigation and drainage reseach activitie ; documentation, publication and disse nination of research findings; establishment of mechanisms for ink.age and coordination of all types c·f irrigation research by various stakeholders nationally and inte nationally; conduct and di�:seminate irrigation t chnologies, research findings and innovations to t e irrigators in the country; promote the use of appropriate teclu ologies and innovations in irrigation development; promote awareness on appropriate ar d improved irrigation practices and conduct tailor 11 ade training programmes to the irrigaton; conduct tailor made in-service trainin to develop the newly recruited staf: into pro ssionals as quicldy as possible and bas�d on the re earch results to strengthen technical knuwleclge and skills of the irrigation staff for enhanced, effective, efficient and sustainable developmeut of the irrigatio sector; iden1ify, compile ancl acopt availa le irrigation teclmologies, practices and innovations facilitate solicitation of funds to supp rt on urban and peri-urban irrigated :igriculture I ;vhere water harvesting :from roof tops, treated waste water and appropriate technologies ccn be used; I establish and strength�n collab � ration and networking with national and internati nal itTigation based institutions including higl er learning institutions; and perform any other duties which deems rt. 48 I.'..... r u . 4 No. 5 Establish­ ment of the Irrigation Develop­ ment Fund Use of the Fund National Irrigation Act PART VIII FINANCIAL PROVISIONS 2013 52.-(1) There is hereby established a Fund which shall be known as the Irrigation Development Fund for ensuring development and sustainability of the irrigation sector. (2) The source of Irrigation Development Fund shall consist of (a) monies accrued from disposition or transfer of the government owned irrigation schemes; (b) any monies accrued from the recoverable costs to be paid by irrigators for irrigation development under this Act; ( c) funds accrued from disposal of obsolete plants and equipments; ( d) any other monies that may be payable to the Fund from moneys appropriated for that purpose by the Parliament; (e) monies obtained by way of charge or fees in respect of programmes, publication, documents and other services provided by the Commission; (f) any monies that Fund may obtain, with approval of the Minister and the Minister responsible for finance, by way of donations, loans or other financial assistance from within or outside the Country; and (g) any monies that may accrue to the Fund, whether in terms of this Act or otherwise as approved by the Commission. 53. The resources of the Fund shall be utilised for the purposes of ( a) meeting costs of planning, feasibility studies, designing, construction, operation and maintenance of irrigation schemes; (b) financing, by way of loan or grant, any irrigation and drainage research or study carried on by or for 49 No. 5 National Irrigation Act 2013 · l\1anage-­ ment of the Fund the benefit of persons or o rganizations engaged in irrigation and drainage; (c) the acquisition of land. equipment, m. terials and I other assets and the construction of �uildings in order to promote the objecti"es of the Fulnd; ( d) financing by way of loan or grant, th I training or capacity building courses of experts or farmers engag,�d in irrigation sector; (e) making an award or awards to p rsons who contributed to the clevelopm�nt of irriga( on sector; (f) meeting any expenses of th1;; Commissiop and those arising from the �stablishrnent and 1na�ntenance of the Fund; and I (g) any purpose which the Ministet, on the recommendation of the Commission, cohsiders to be in the interest of the objectives of the Fu�1d. 54.-(1) Subject to any general or special �irectives of the Minister, the Fund shall be administer t d by the Commission. (2) For the purposes of this section, the 1 'ommission shall maintain funds in a separately de:,ignated ba � ik account or accounts, which sha11 operate in accordance with such directions as the Minister may, from time to time give in that behalf, save that the Comnnssion shall not make �ny payment out of the: Fund except in accordance wi.th the a t 1 reed annual expenditure framework. (3) Without prejudice to the preceding rovisions of this section, the Commission may, where cirCL stances so require, maintain and administer as pa1t of the Funtl any special account or accounts for the purpc·ses of an� project or programme carried on jointly ,;vith c1 foreig11 institution, department or organisation for the advancement of irrigation development in the United Republic. 50 No. 5 Account� and Audit of Irrigation Develop·· ment Fund Cap. 418 funds of lite Commi­ ssion Annual budget of the Commi­ ssion Accounting and audit Cap. 418 National Irrigation Act 2013 55.-(1) The Commission shall cause to I e provided and kept proper books of acc0tmts of the paymen s made into and out of the Fund. (2) The accounts of Lhe Fund shall be audi ed annually by the Controller and Aucli1 or Genera I in accorda ce with the Public Audit Act, and the audited Aceounts of th Fund shall be published simultaneously with ober audited accounts of the Commission. 56. The sources of funds of tlte Commiss�on shall be­ such moneys a:; may b,� appropriafed by the Parliament; or I such sums as may be payable to the Co, mission by way of donations, gifts, grants and l irrigation service fees; er any other sourcei; lawfully accrued by the Commission. 57. The Commission shall prepare its income and expenditure estimates for the succeeding financ al year and submit them to the Minister for scrutiny and sub · ission to the National Assembly for app:�oval. 58.-(1) The Commission shall cause to be kept and maintained in accordance with the ::ntcrnationa Accounting Standards, proper books of accounts with respect ·o (a) all sums of moneys rect!ivcd and ex ended; (b) all the assets and liabil tie:; of the ommission; and ( c) all the income and expenditure sta ·ement of the Commission. (2) Within six months of the close of e ery financiEtl year, the Controller and Auditor General in ace rdance with the Public Audit Act shall audit th� accounts ncluding the balance sheet of the Commission. 51 No. S Powers to borrow and invest Financial year National Irrigation Act 2013 (3) Every income and expenditure adcounts and audited balance sheet shall be placed before a mdeting of the Commission of and, if adc•pted, it shall be en J 1rsed with a certificate to that effect. ( 4) As soon as the accounts of the Con ission have been audited, and in any case not later than six lnonths after the close of the financial year, the Commission sh 11 submit to the Minister a copy of the audited statement of accounts together with a copy of the rcpoi t on that statem nt made by the auditors. (S) The Minister may, where th� report ubmitted to him under this section has .my auomalies, direct the Commission to correct or furnish him wi h adequate explanatory information and the Commission sh,�ll give into effect su(:h direction of the Minis1er. I (6) The Minister shall, as 1,0011 as pradticable after re<.:eiving the report, lay before the National �ssembly the audited accounts of the Commis:)ion togeth r with the auditor's report, if any, on the accoun:s. �,9.-(1) Subject to the prior 1pproval of the Minister and the Minii;ter responsible for Finance, the Commission may, borrow rnoneys for the purpos{:s of its acti ities by way of loan or overdraft, and upon such security ru (l such terms and conditions relating to repayment of the rincipal and payment of interest, subject to any direction by the Minister, the Commission may consider fit. (2) The moneys held by the Commissio 1 pursuant to tr-is Act, in so far they 2.re not required to be expended or utilized by the Commission under this Act, may e invested in snch mam1er as the Commission deems fit witli the approval of the Minister and the Minister responsible for �inance. 60. The financial year of the Commissio� shall be the period of twelve months beginning from 1 st datY of July and ending at the 30th day of June of the following y 'ar. 52 No.5 Offen�e::, and penalties National Irrigation ,frt PART IX OFFENCES A.ND PENALTrES 61.-(1) Any person who 2013 (a) wilfully damages or faih t,J maintam irrigation systems or irrigation wodcs; j (b) interferes withc-ut any authority with 1y part of an irrigation or dr:1inage sys :em or with any property of an irrigators' organisa1ion use in, or iu connection with, the i1Tigc.tion or drain ! bgc of land; ( c) wilfully makes any statement knowin, the same to be false or 1101 having reason to beli ve the same to be true; (d) by overt ac1 or wri1.ing, threat ns, incites, I intimidates or prevents ·�onstruct�on of any irri.gation works; � c�) engages in practices which are d structive or potentially de�:tructive t<• the catchn ent area of a river or public water course supplying water to an in-igation scheme; (f) grazes or permits livestock to graz in irrigation areas; (g) sets or causes to be i:et on fire crops on an in-igation scheme or on any irrigated farm, �ardea 01 plot, or (h) without reasonable canse refuses to assist in ave11111g, fighting or e:>-.tinguishing a fire on a., 1rngation scheme or on any ir. igated farm, garden or plot; (i) applies or causes to be applied on an irrigation scheme, farm, garden o-· plot under irrigation ,my chemicals or substances prohibited 111der this Act or any order made by the Minister; (j) provides any false or misleading tforrnation Lo tlie Director General or any autl orised officer n'.sponsible for the enfo :cement of is Act;· 53 No. 5 (o) (p) (q) National Irrigation Act 2013 (k) refuses or neglects to furnish inform tion which he may be required lo furnish under the provisions of this Act c r subsidiat") legislation under this Act; (1) constructs or extends any irriga ion works contrary to thi!, Act or fails, withou l reasonable excuse, to comply with a requirement made under thii: Act or sub5idiary legislation; (rn) wilfully obstructs, damages or d stroys any irrigation works or destroys, defacejs or moves any level mark, beaccrn or other 6tructure or appliance; � (n) obstructs, molests or hinders any pub ic officer in the lawful exercise of hi� powers or uties under thi:, Act or subsidiary legislation made thereunder;. . \ interferes with, increases or diminishes suu:,ply of water from or to any irrigation work; I interferes with or alters the flow of water in 1any irrigation work so as to endanger, injure <)r render les!s useful , any such work; I being entitled to the use of water from an ir�igation work, causes or occasions waste of water in sihch irrigation work or interferes with the authorized cl'-stribution of water therefrom or uses warer in any unauthorized manner; (r) intentionally corrupts or foulE water of ny irngation work so as to render it less fit for the purpo, e for which it is ordinarily used; (s) destroys, defaces, removes or alters any le el marked or water gauge or any other msu:k or sign fixed in an irrigation work, commits an offence and shall be liable upon co viction: (i) if it is an individual, to H fine of not !less than one million shilling or to imprii;onment for a term not less than one year but r.ot exceeding three or to both such fine and impri:rnnment. I (ii) if is a body co1porate. to a fine of not less than ten 54 No. 5 Offence by body corporate or firm National Irrigation Act 2013 million shillings and no[ more than 1 tifty million shilling and to imprison nent for a term not less than tbree years but not exceed fivt years or to both such fine and imprisomnent. (2) The Court may in additio11 to any pe 'alty imposed under this Act, order any article ir n;spect o which such offence has been committed or which has been used for the commission of such offence to be forfoited. (3) The Minister shall have the power to etermine the procedures for disposal of anything fo,:fei te:d to th I Government under sub-section (2). ( 4) Where an offence has been cornmittedj and because of that commission a person has suffered a direct damage or los:3 of hi.s prope11y, the court may, in addition t� the penalty provided under subsection (1 ), ,)rder the I.offender to compensate the person who has suffer1�d loss or damage. (5) Where any person is convi::ted of an o fence under this sec1ion, the cost of removing the ob truction or interference, or repairing the damagt·, alteration or injury to anybody or to the irrigation work or ()f replacing or repairing the level mark or any other mark of :,igu, if any, incuned by the any officer of the government empowered to enforce this Act shall be recoverable from such p1;rson in sue 1 maimer as may be prescribed. 62.-(1) Any act which if done by an indi lidual would be an offence against this Act or any regulatio�1s or orders made under this Act shall, tf clone by a body corr.orate, be an offence by every Director, Secretary or ManJger thereof unless he proves that the offence wa:; committedl l without his consent c,r connivance and i:hat he exercised all such diligence to prevent the commission of the off<:·ncc as he oi;ght to have exercised having regard to the nature of his funcfions in that capacity and to all circumstances. I (2) \Vhere an offence against this '.ct or any regulations or orders made under this Act has bee 1 committed by a paitner in a firm, every person who at the time of the 55 No. 5 National Irrigation Act 2013 , Civil liability not affected Duty of secrecy Service of notices commission of the offence was partr.er in that rm, or was purporting to act in that capacity, stall be dee l ed to have committed that offence unless he proves that the , ffence was committed without his consent and or conniva1ce and he exercised all such diligence to prev�nt the c?mmi�sion of the offence as he ought to haYe exercised havmg regard to the nature of his functions rn that capacity and to all the circumstances. 63. Subject to any express prov1s1ons n this Act nothing contained in this Act shall affect the civi liability of any person for any damage resulting from the onstruction, alteration or destruction of any irrigation works o� the failure I to maintaLn the same in proper repair c,r from the obstruction. PARTX GENERAL PROVISION!; 64. -(I) A member of any commitfee of the Commission and every pen.on to be employed under this Act shall not disclose to any person, except in the performance of his duties under this Act or when required to d¢ so by any written law, any informatic,n which re may have! acquired in the course of his duties in relation to the financia 1 or business affairs of any person, undertaking or tusiness. (2) Any person who contravenes suosection (1) commits an offence and upon conviction shall b� liable to a fine of not less than two million shillings or t9 an amount equivalent to the financial gain gennatcd by th offence, if such amount be greater, or to imprisonment for a term of five years or to both such fine and imprisonment. 65. A notice under this Act �hall be dee 'led to have be1�11 served on .. or given to, any person­ (a) if served on him personally; or (b) if left for him at his last known addres:s; or ( c) if sent by registered po :;t addresse to his last known address. 56 No.5 Keeping rc<.;ords Stakeholders forum Commi­ ssion may call for information National Irrigation Ac.t 2013 66.-(1) The Minister may, on the recomm�ndation of the Commission, prescribe activitie�. in resped of which records shall be kept for purposes of this Act and �iay require any person in possession or ·�ontrol of mch record to transmit the records to the Commission at su�h intervals as he may determine. (2) Any person who· ( a) fails to keep records required under thii; Act; or (h) fraudulently or knowingly alters any sJcb records, commits an offence and upon convic'cion shall b� liable to a fine of not less than one million shillings or to i ] prisonment for two years or to both. 67-( 1) For the purposes of promoting the evelopment of the irrigation sector, there shall. be a stakehol�ers' forum which shall be responsible for- I ( a) putting in place mechanisms for the fuhding of the sharc�d functions in the irri� ation sector (b) making procedures for conducting a1 ual general meetings; (c) determine modalities for financing its tivit:ies and meetings; and ( d) establishing stakeholders' secretariat and other organs for better carrying cut the share functions. (2) The stakeholders meeting shall be }ield at least once in a year to agree on the funding, implemenfation of the shared functions and other matters of common int l rest. (3) A local government authority may,, upon consultation with the Commission, make by-1 ws for the better canying out of the shared functions ag 'eed by the stakeholders. 68. The Commission may in writing, require any person or body of persons engaged in an activity affecting or relating to in-igalion development to furnish to it any information related to that activity as the Com1: ission may specify. 57 No. 5 Powers of the Minister to require information Commi­ ssion to establish and maintain collabora­ tion Indemnity a11d liability Caµ. 16 and 76 Recovery of cost of repairing damage where the offender is unascerta­ inable. !'I lode of recovery of 111011ey National Irrigation Act 2013 69. The Commission shall furnish to the 'inister with such re1ums, statistics, accounts, docume ations or information with respect to the performance of any of its functions or exercising of its duties under this Act as the Minister may require. 70-. For the purposes of better perform nee of its functions the Commission shall establish and maintain a system of collaboration, consultation and co-opriration with such other institutions and persons, whether l rporate or unincorporated, and whether within 01 outside the United Republic, as are or would be likely to assist it in e effective and efficient discharge of it�: functions under this ct. 71. No member of a Commission or of l ' 1cer of the Commission shall be personally liable for any a t or default which is done or omitted to be done in good faith in the exercise or purported exercise of 1be powers confi rred by this Act or such subsidiary legis.lation made thereunde 1 . Tl. Where a person causing any clamagcl, alteration, enlargement or obstruction to any irrigation w t rk without proper authority cam10t, after such inquiry as tl e Irrigation Inspector may deem sufficient, be a:3certained o identified, the Irrigation Inspector may on a requisition from �he Director General and af1er giving not less than one month's notice to the owners of all the lands affected b'l the damagk, alteration, . I , enlargement 01 obstruction, as the ,:ase may bf, and after hearing their D�presentations, if any, recover fr1m them, in such proportion as he thinl<.s fit, th�· cost of re, airing such damage, or of removing such alteration, enl rgement or obstruction. 73. Any amount due from any pi;rson in� ursuance of the provisions of this Act or the regdations made therew1der may, if the amount is in anears, be recove�ed, without prejudice to any other mode of recovery, in the same manner as an arrear of public revenue. 58 No.5 Powers to make Regulations National Irrigation Aci 2013 7 4.-( 1) The Minister may, after consul ta ti· n with the Commission, make Regulations for the better crlrrying into effect of the provisions of this Act. I (2) Without limiting the generality of subse tion ( 1 ), the Regulations may (a) (b) (1::) (d) (e) (f) (g) (h) (i) Ci) ( k) (1) (m) (n) (o) provide for rnaintenancc of the irr gation and drainage syste1n; provide for the manner i-1 which irri · ation water may �e used in irr�gation and �frai1�a�9 a�ea; provide for �h� t�me� al which 11Tt�at10n watermay be used 111 irngat10n and dramag� area; provide for maintenance or improverhent of the quality of irrigation water in irrigation and drainage area; I prescribe procedure for maint�nance of irrigation works and drainage area; prescribe the ::nanner in which excess irrigation water shall be drained c•ut of the iri·igation and drainage system; I provide for the: formation, flmctions, � onduct and procedures of irrigators' organizatior s; regulate the abstraction and distribu ion of water amongst irrigators; prescribe the rnam1er 1 n which n1tification or infom1ation nny be given under this l et; provide for the assessment of the quantity of irrigation water or other water used by a landowner in irrigation and drainage ystem; provide for 1:he procedures for ladd allocation and administration by Irrigators' Or�anizations; provide for di:;pute settkments; I provide for any fees or charges un;cler this Act and the payment thereof; I provide for the forms to be used an� the fees to be paid and be used in respect off any matter required or permitted to be done un1er th.is Act; provide for the aclvertis<:ment of ap lications for 59 .... No.5 Transitiona l provisions (p) (q) (r) (s) (t) (v) (v) (w) (x) (y) National Irrigation Ac! 2013 the use of irrigation works ,md for t e giving of notice to interested persons; j regulate the procedure of appeals un ,er this Act; prescribe the registers and records to re kept and tht: maimer in which they are to be k9pt; provide for the installc.tion, maintenance and testing of irrigation sysi:ems or fof any other service provided to the irrigation �1d drainage system; I provide for the installation, maint nance and te�;ting procedure for applicatio for the installation, for compensation under the provisions of this Act and the assessment thereof; provide for procedun::s for regis, 1 ration and de registration of the trrig ators; provide for model by-laws, establish:ment of the management Committees of th l irrigator' organizations and administration of such organizations; prohibit or regulate rnn·igation in n irrigation work; I provide for the regulaticin nnd admi 1istration of the fund; prescribe forms to be usE·d under this Act; and provide for any matter expressly required or allowed by this Act to be prescribed. 75.- (1) Within twelve months of the corrmencement of this Act, an association, cooperative society, or any other entity or body that perfmms any frnctions as �n irrigators organiza1ion shall submit to the Director 1 ""'eneral an application for registration JJnder this Act. (2) Upon the commencement of this Act, Zonal lrrigation Offices shall continue to perform th ir functions until the Regional I:rrigs.tion Offi.:es are es ablished as provided for in this Act. 60 No. 5 Vice Chairman Tenure of omcc Meetings and po1ver to convene meetings Quorum Cooption of member Conflict of interest National Irrigation Act 2013 SCHEDlJLE (Made under Section 3(9;) MEETING AND PROCEDURE or THE COMMISSION 1. At its first meeting members of 1he commis ion shall elect amongst themselves a Vice Chairman. 2. t\lembers of the Commission i.hall hold office for three years and, unl.ess their membership i:; otherwise terminated due t misconduct or non attendanct> without excuse for three successive m�etings of the Commission, shall be eligible for re-appointm !nt for one furth�r tenn. 3.-(1) The Commissiorr shall meet a: least three time � in a year. (2) An ordinary meeting of the Commission shall be convened by the Chairman or in his absence the vice Chain nan and the notice specifying the place, date, ai1d time of, and agenda for, the meeting shall be sent to each member at his usual place of business or residence not less than fourteen days before tie date of the mefting. (3) The Chairman, or in his absence. the vice1 Chairman or a member elected to act as Chai··man, shall convent a special meeting of the Commission in writing signd by not le:.s llian three 1i1embers of the Commission and, where such special mee1i1g i., convened, the agenda fot such meeting sl1all be circulated to each member at his usual J�lace of business or residence at least not less tha.1 three days b�forc the date olhhe meeting. (4) A meeting of the CommissiO'l shall be presiUed oYer by the Chairman or in his absence, tk vice Chainnan or by a mer1ber elected b) those members present at that meeting. 4. Five members shall form quorum of a meeting of the Commission. 5. The Commission �hall have pm� er tu co-opt any person to attend its meeting except that such co-opted person :;hall not have th� right to vote. 6. i\ member who has any inlere� t, direct or indir ct in any matter coming before the Commission or Sub-Committee shaJl as soon as is reasonably pra(;ticable, disclose the nature of that interest to the meeting and shall not thereafter take part in any decision on that matter nor, except with the couscnt of a majority of the members pn:senl at that me ting, lake part in any delibeations relating to that matter. 61 No.5 Commission to regulate its proceedings Reports of activities of Commission Remuneration of members of the Commission. National Irrigation Act 2013 7. Subject to the provisions of this Sch,�dule, the C mmission shall regulate its own proceedings. 8. Tile Commission shall prepare an annual repo1 t setting oul its current activities and indicating its future acfo itie:-. 9. The Minister shall in c,msultation wit) the lvlinister responsible for Finance prescribe emolum�nts and allowa ices payable to the members of the Commission from time · o time. Passed in the National Assembly on the 30 th August, 2013. 62 DR. THOMAS D., K.ASHIL!LAH, Clerk of the Natio 1al Assembly