Section 39 in Kerala Irrigation and Water Conservation Act, 2003
39. Obligation of owners in respect of works affecting safety of canals.
(1)Every owner of land whose tank, well, pond or other reservoir is situated above the level of any irrigation work, shall maintain the bunds and surplussing arrangements of such tank, well, pond or other reservoir in the safe and efficient condition.(2)Where the Irrigation officer is of opinion that the bunds or surplussing arrangements referred to in sub-section (1) are not in a fit condition and are likely to endanger the irrigation work below, the owner concerned shall be served with a notice requiring him to maintain such bunds or surplussing arrangements in a reasonably fit condition in such manner and within such time as may be specified in the notice.(3)Where the owner fails to comply with the notice under sub-section (2) or the repairs done by him are in the opinion of the Irrigation Officer unsatisfactory, the Irrigation Officer may carry out necessary repairs to keep such bunds and surplussing arrangements in a fit condition, and the cost thereof shall be realised from such owner in such manner as may be prescribed.(4)An appeal shall lie against any order of Irrigation Officer under sub-section (3) before the Collector within thirty days from the date of receipt of the order by the owner and the Collector shall decide the appeal within thirty days from the date of receipt of that appeal and his decision thereon shall be final.
