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Section 13: Entrustment of irrigation works

The Kerala Irrigation and Water Conservation Act, 2003State Act of Kerala · Act 31 of 2003

(1) Where the Government consider it necessary so to do, they may, subject to such terms and conditions as may be specified by them, entrust the construction or maintenance or both of any irrigation work, to any local authority or to any co-operative society or other society of farmers or to any other body corporate benefited by that irrigation work, and may, at any time, resume such work:

Provided that no work entrusted to a local authority or a co-operative society or a society of farmers or to a body corporate shall be resumed without giving such local authority or co-operative society or other society or body corporate an opportunity of being heard.

(2) The local authority or co-operative society or other society of farmers or any other body corporate to which any work is entrusted under sub-section (1) shall undertake the maintenance and upkeep of such work after completion on proper agreement and if the local authority or co-operative society or other society of farmers or the other body as the case may be, fails to comply with such agreement, the persons who have executed the agreement shall be responsible for the loss, if any, or the cost of maintaining the same by the department subsequently and such loss or cost of maintenance shall be realised from them.

Explanation.—For the purpose of this section, the expression "co-operative society" means a society registered or deemed to be registered under the Kerala Co-operative Societies Act, 1969 (21 of 1969) and the expression "other society" means a society registered under the Societies Registration Act, 1860 (Central Act 21 of 1860) or, as the case may be, under the Travancore Cochin Literary Scientific and Charitable Societies Registration Act, 1955 (12 of 1955).

Where this provision sits

ActThe Kerala Irrigation and Water Conservation Act, 2003
Section13
Marginal noteEntrustment of irrigation works
JurisdictionState of Kerala
StatusIn force as published by the source

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