Sri Lanka Consolidated Acts

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Irrigation (Amendment) Act (No. 48 of 1968) - Sect 6

Replacement of section 11 of the principal enactment

6. Section 11 of the principal enactment is hereby repealed and the following new section substituted therefor: -
11.
(1)Subject to me provisions of sub-section (4), the Cultivation Committee in respect of any irrigable area or tract shall have power to make rules for all or any of the following purposes:-
(a) the encouragement, extension, regulation, or management of paddy cultivation or any other form of cultivation which is capable of being benefited by an irrigation work;
(b) the enforcement of established customs affecting such cultivation;
(c) subject to the direction and control of the Government Agent, the appointment of agents and the regulation of their powers, duties, remuneration and duration of office;
(d) the regulation and assessment of the contributions of labour to be made by persons for the purposes of works for the construction or maintenance of which they are, in whole or in part, responsible, and for the payment of money by way of commutation of the liability to make such contributions; and
(e) the maintenance, conservation, protection or management of the works referred to in paragraph (d).
(2) Rules made under this section may include rules making provision for the form of cultivation known as betma cultivation.
(3) No rules shall be made under this section for any purpose for which regulations have been made under section 64.
(4) Where any irrigable area or tract falls within the area of jurisdiction of more than one Cultivation Committee, the rules for any one or all of the purposes referred to in sub-sections (1) and (2) shall be made at a joint meeting* of all such Cultivation Committees. The constitution of such joint meeting and the procedure to be followed therein shall be in accordance with regulations made under section 117.
(5) At a meeting of the allottees and the tenant cultivators, and where there are no allottees or tenant cultivators of any lands the proprietors of those lands, within any irrigable area or tract, a majority of those present at such meeting shall have power-
(a) by resolution to amend or rescind any resolution passed or deemed to be passed under this Ordinance, or to correct any irregularity, informality or defect in any proceeding at any earlier meeting of the proprietors or allottees, tenant cultivators and proprietors of that area or tract,
(b) to decide upon or otherwise deal with any question arising in connection with or in the operation of any scheme under this Ordinance, or any resolution passed at any meeting of allottees, tenant cultivators and proprietors under this Ordinance or at any meeting of proprietors under this Ordinance or under any previous Irrigation Ordinance, which may be referred to them by the Minister or the Government Agent, and
(c) to decide, before the commencement of the cultivation season, and subject to the approval of the Government Agent, such matters pertaining to cultivation as-
(6) Where, at a meeting referred to in sub-section (5), a decision under paragraph (b) or paragraph (c) of that sub-section has not been arrived at whether for want of a quorum or any other cause, the power to make such decision shall be exercised by the Government Agent. ".


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