IRRIGATION

, (1) An irrigation rate under this Ordinance, with reference to any land to which it relates, is a charge in favour of the Crown imposed upon the land in respect of water supplied, or to be supplied to such land or in respect of the cost of or incidental to, the construction or maintenance of any major irrigation work benefiting or intending to benefit, such land, or of all or any of such matters in combination.

(2) Any charge referred to in subsection (1) may be imposed-

(3) Any charge referred to in subsection (1) may be either in perpetuity or for a limited period, or in the case of a lease, tenancy, or occupancy, for the term of such lease, tenancy, or occupancy, and may be either conditional or unconditional, and may be either for a fixed amount, or may be subject to estimate, measurement, or variation in accordance with the provisions of this Ordinance and the terms of the instrument, agreement, resolution, or order by which it is imposed.

(4) Every charge referred to in subsection (1) shall be binding on the land and every part thereof ; and such land and every part thereof, and the proprietors of such land and every part thereof, shall be liable for the payment of the said charge into whosesoever hands the ownership, possession, tenancy, or occupancy of such land or any part thereof under any circumstances may at any time pass, until such charge is extinguished, and notwithstanding anything to the contrary in any written law other than this Ordinance, such charge shall have priority over all mortgages, hypothecations, incumbrances, and charges whatsoever, whether antecedent in date or otherwise, affecting the land.

(1) Regulations may be made for or in respect of all or any of the following matters :-

(2) Subject to any regulations made under sub-section (1), a district agricultural committee may regulate its own procedure.

(1) The Government Agent may, in his discretion, summon a meeting of the proprietors within any irrigable area or tract, or of the proprietors of manawari lands situated in any village area, to elect an advisory committee for the purpose of advising him upon matters connected with irrigation or paddy cultivation in such irrigable area, tract, or village area.

(2) In any case where owing to the extent of any irrigable area, or tract or village area, the Government Agent considers it inconvenient to summon all the proprietors within such irrigable area, tract or village area to one meeting under subsection (1), he may divide such irrigable area, tract, or village area, as the case may be, into divisions of convenient size and summon a meeting of the proprietors within each such division.

(3) Where more meetings than one are summoned under subsection (2) for any irrigable area, tract or village area, the Government Agent shall take steps to ensure that each division elects its proportion of the committee to make up the number for the entire irrigable area, tract or village area.

(1) Every advisory committee shall consist of the Government Agent, who shall be the chairman, the Director of Agriculture or a person nominated by him, the Director of Irrigation or a person nominated by him, and such number of persons, not being more than twelve nor less than three, as the Government Agent may in his discretion determine.

(2) Every member of an advisory committee, other than the Government Agent, the Director of Agriculture or the person nominated by him and the Director of Irrigation or the person nominated by him, shall be elected by a majority of the votes of the proprietors present at the meeting summoned under section 6 for the purpose, and shall hold office for a period of five years.

(a) to summon a meeting of the advisory committee of each irrigable area, tract or village area and consult such committee on matters connected with irrigation or cultivation in such irrigable area, tract or village area, three times at least in each year or at such intervals as may be fixed by rules made under Part III, and

(b) to cause full minutes to be made of the proceedings of all such meetings and to cause such minutes to be kept on record at the kachcheri.

(1) At a meeting of the proprietors within any irrigable area or tract, a majority of the proprietors present at such meeting shall have power-

(2) Rules made under this section may, if the majority of the proprietors so require, 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.

(a) the regulation or management of such lands, and the conservation of rain water,

(b) the enforcement of established customs affecting the cultivation of such lands,

(c) the regulation of the powers, duties, remuneration and duration of office of irrigation headmen,

(d) the regulation and assessment of the contributions of labour to be made by the proprietors for the purposes of the cultivation of such lands, and for the payment of money by way of commutation of the liability to make such contributions of labour.

(1) No rule made in pursuance of the provisions of this Part shall have effect until it is approved by the Minister[1] and notification of such approval is published in the Gazette. Every rule shall, upon notification of such approval in the Gazette, be as valid and effectual as if it were herein enacted.

(2) Where notification of the approval of any rule is published in the Gazette under subsection (1), the Government Agent shall forthwith cause such rule to be published in the language or languages prevailing in the district in such manner as the Government Agent may in his discretion consider best adapted for bringing the terms and purport of such rule to the notice of the persons affected thereby.

(1) No resolution passed in pursuance of the provisions of this Part shall have effect until-

(2) Notice of the fact that any resolution has been approved under subsection (1) shall be given in such manner as may be prescribed.

(1) A majority of the proprietors present at any-meeting summoned for the purpose of making rules under this Part may appoint a committee, of such number as they may determine, to make rules on their behalf.

(2) All rules made by any committee appointed under subsection (1) shall be deemed for the purposes of this Ordinance to be rules made by a majority of the proprietors.

(3) Regulations may be made prescribing the manner in which meetings of a committee appointed under subsection (1) shall be summoned, and the procedure to be followed at such meetings.

(1) A register shall be kept, at the kachcheri of every administrative district in which irrigation works are situated, of all proprietors of lands under such irrigation works who are resident outside such district and who may desire to have their names entered in such register.

(2) Every proprietor referred to in subsection (1) shall be entitled to have his name and address entered in the register kept under that subsection, on payment of an annual fee of one rupee.

(1) Any proprietor may, by proxy in writing, . authorize any other person to represent him and to vote on his behalf at any meeting of proprietors held under the provisions of this Ordinance or any rule or regulation made thereunder ; and a proprietor who is so represented at any such meeting shall be deemed to be present thereat for the purpose of determining whether the meeting is validly constituted or whether any rule or resolution has been duly passed by a majority of proprietors.

(2) Every proxy given for the purposes of subsection (1) shall be signed by the proprietor giving it and shall be attested by two witnesses.

(3) The Government Agent or other officer presiding at the meeting shall have full power to determine the validity of any proxy presented at any such meeting, and his decision shall be final and conclusive.

(1) The Government Agent may of his own motion summon a meeting of the proprietors within any irrigable area or tract or of the proprietors of manawari lands situated in any village area.

(2) The Government Agent shall, on receipt of a written requisition of the proprietors representing one-fifth or more of the acreage of any irrigable area or tract, or of the manawari lands situated in any village area, summon a meeting of the proprietors of such irrigation area, tract, or lands, as the case may be.

(1) When any meeting is to be held under the provisions of this Ordinance or any rule or regulation made thereunder, the Government Agent shall cause notice (being the longest notice which, in his opinion, is reasonable in the circumstances) to be given of the time and place of the meeting and its objects.

(2) The notice referred to in subsection (1) shall be given by beat of tom-tom or by exhibiting written notices in the language or languages of the district in suitable places within the area or tract or in such other manner as may appear to the Government Agent to be best adapted for giving publicity thereto.

(3) Where written notices of a meeting are exhibited under subsection (2), a copy of such notice shall be sent to the Mayor of every Municipal Council and to the Chairman of every Urban Council, Town Council and Village Committee constituted within the divisional revenue officer’s division in which such meeting is to be held.

(4) Where a person whose name is entered in the register kept under section 17 is entitled to attend any meeting of proprietors held under the provisions of this Ordinance or any rule or regulation made thereunder, the Government Agent shall give notice of such meeting to such person by means of a registered letter directed to the address specified in the register.

(1) A meeting which is held under the provisions of this Ordinance or any rule or regulation made thereunder shall not be deemed to be validly constituted unless there are present at least fifty proprietors or proprietors representing one-fifth of the acreage affected by any matter to be discussed at the meeting.

(2) Where at any meeting held under the provisions of this Ordinance or any rule or regulation made thereunder, the owner or any person representing the owner of any land is present together with any lessee, cultivator or occupier of such land under such owner, or where any lessee of such land is present together with any cultivator or occupier under such lessee, the number of the persons claiming under owners or lessees, as the case may be, or the votes of such persons shall not be reckoned in computing the number of persons present or the number of votes.

(1) The Government Agent or a person generally or specially authorized by him and referred to by name or by office shall preside at every meeting held under the provisions of this Ordinance or any rule or regulation made thereunder. The Government Agent or the person so authorized is hereinafter referred to as the ” presiding officer “. Full minutes shall be made of the proceedings at every such meeting and shall be signed by the presiding officer and shall be kept on record at the kachcheri.

(2) If at any meeting held under the provisions of this Ordinance or any rule or regulation made thereunder any question arises as to the right of any person to vote, the presiding officer may then and there decide the question, and his decision shall be entered in the minutes and shall be final and conclusive.

(1) For the purposes of the election of irrigation headmen, the Government Agent may divide-

(2) Each irrigation division and each manawari division shall be of such size as the Government Agent may deem convenient for the purposes of administration.

(a) to attend to all matters connected with the irrigation and cultivation of the lands within that division, and the preservation of rights and the maintenance of irrigation works connected therewith ; and

(b) to prevent, as far as practicable, any act or omission which is contrary to any rules or regulations in force under this Ordinance or to established customs relating to irrigation or cultivation, or whereby damage may be caused to any of the proprietors :

(1) Every irrigation headman for any irrigation division or for any manawari division shall be elected by a majority of the proprietors within the division at a meeting of such proprietors summoned by the Government Agent for the purpose.

(2) In any case where no person is elected at any meeting referred to in subsection (1) for the office of headman, the Government Agent shall himself appoint a person to such office.

(3) No person who is not a proprietor within the division or who has been convicted of any offence which, in the opinion of the Government Agent, disqualifies such person for holding office, shall be eligible to be elected or appointed a headman, and no person who has been dismissed under section 26 for misconduct or neglect of duty shall be so eligible except with the previous consent of the Government Agent.

(4) A letter of appointment signed by the Government Agent shall be issued to every person who is elected or appointed an irrigation headman and where the duration of office of the headman is limited to any period, such period shall be specified in the letter.

(1) The Government Agent may at any time dismiss any headman, elected or appointed, or deemed to be elected or appointed, under this Ordinance, who is guilty of any misconduct or neglect of duty, or who is convicted of any offence which, in the opinion of the Government Agent, disqualifies such headman for holding office.

(2) The Government Agent may at any time call upon any headman elected or appointed, or deemed to be elected or appointed, under this Ordinance, to retire from office if in the opinion of the Government Agent such headman is unable to discharge efficiently the duties of his office ; and every headman who is so called upon to retire shall forthwith retire from office and if he fails to do so, may be dismissed by the Government Agent.

(1) If in the opinion of the Government Agent, there has, in any division for which an irrigation headman has been elected, ceased to be any need for the services of such headman, the Government Agent may summon a meeting of the proprietors within the divison for the purpose of deciding the matter, and if the majority of the proprietors within the division decide that such services are not required such headman shall thereupon cease to hold office and to exercise and perform any of the powers and duties conferred or imposed upon irrigation headmen by or under this Ordinance or any rule or regulation made thereunder.

(2) If in the opinion of the Government Agent, there has, in any division for which an irrigation headman has been appointed, ceased to be any need of the services of such headman, the Government Agent may terminate the services of such headman and such headman shall thereupon cease to hold office and to exercise and perform any of the powers and duties conferred or imposed upon irrigation headmen by or under this Ordinance or any rule or regulation made thereunder.

(1) Where in any irrigation division or manawari division any act is committed or any omission made which is contrary to any established custom or any rule or regulation relating to irrigation or cultivation, or whereby damage may be caused to any of the proprietors within any division, the headmen of that division shall, if the act or omission be of such a nature as to call for prompt action to prevent damage, take such steps as may be necessary in the circumstances, and shall forthwith report the matter to the Government Agent.

(2) No action taken by a headman under subsection (1) shall be deemed to preclude an investigation, under the provisions of Part VIII, into the act or omission in consequence of which such action has been taken.

(1) Where a headman, acting under section 30, or any officer acting in pursuance of any regulation made under Part VI, incurs any expenditure in the execution of his duty, and the person in consequence of whose act or omission such expenditure was incurred denies his liability to pay the amount incurred, or fails to pay such amount, the Government Agent may, on his being satisfied that such expenditure was properly incurred, and that it is reasonable, sign a certificate setting out the name of the person in consequence of whose act or omission such expenditure was incurred, the amount thereof, the nature of the act or omission, and the name of the headman or officer by whom the expenditure was incurred, and cause such certificate to be delivered to such person.

(2) Where any person to whom a certificate referred’ to in subsection (1) has been delivered fails to pay the amount due from him within ten days from the delivery to him of the certificate, the Government Agent may proceed to recover such amount in the manner provided in Part VII.

(1) In the case of any irrigation work-

(2) In the case of any major irrigation work-

(3) In the case of any minor irrigation work-

(1) The court of arbitration referred to in section 39 shall consist of one arbitrator nominated by the proprietors in the manner hereinafter provided, one arbitrator nominated by the Director of Irrigation, together with a president chosen by agreement between the arbitrators so nominated :

Provided that where the question is a question between different sections of proprietors, or where different sections of proprietors are otherwise parties to the question, an arbitrator shall be separately nominated by each such section.

(2) In the event of the arbitrators not being able to agree upon a president, the president shall be a person experienced in the law and custom of the country who may be nominated for the purpose by the Minister of
Justice.[1]

(3) For the purposes of the nomination of an arbitrator by the proprietors or any section of the proprietors, the Government Agent shall summon a meeting of the proprietors concerned.

(4) At every meeting summoned under subsection (3) the arbitrator shall be elected by a majority of the proprietors.

(1) The opinion of the arbitrators when unanimous or of a majority of them in case of any difference of opinion, either as regards the award or any question arising in the course of the proceedings, shall in all cases be deemed to be the decision of the court of arbitration.

(2) Where the court of arbitration consists of an even number of arbitrators and such arbitrators are equally divided in their opinions either as regards the award or any question arising in the course of the proceedings, the decision of the president shall be deemed to be the decision of the court of arbitration.

(3) The award in any arbitration under this Part shall be published in the Gazette, and upon such publication shall be binding on the parties, and shall have the like effect as a scheme duly confirmed under section 46, or section 61, as the case may be-

(4) No award which is published in the Gazette under subsection (3) shall be challenged or impeached on the ground of any alleged technical defect therein or in any proceeding antecedent thereto.

(1) No scheme relating to a major irrigation work shall have effect until such scheme has been confirmed by the Minister.[1]

(2) Notice of such confirmation shall be given in such manner as may be prescribed.

(3) After the notice referred to in subsection (2) has been given, every person interested in the scheme shall be entitled to inspect the scheme, free of charge, at the kachcheri.

(a) to authorize the increase of the rate, at any such revision, above the limit specified in the scheme ; or

(b) to prejudice the right of the proprietors of any irrigable area to the continuance of any perpetuity rate under any scheme in force at the appointed date.

(1) Where in connexion with an extension for a major irrigation work, a scheme embodying any adjustment of the expenses of maintenance of such work is not approved by the majority of the proprietors at a meeting summoned under section 37, an annual maintenance rate shall be payable thereafter by the proprietors of the original irrigable area to meet the annual cost of maintenance. Such annual cost of maintenance shall be deemed to be an amount equal to the average annual cost of maintenance of the original work during the ten years previous to the commencement of the extension.

(2) The maintenance rate referred to in subsection (1) in respect of any irrigation work shall be subject every five years to an increase or reduction in the proportion in which the average maintenance rate payable under section 56 in respect of other irrigation works in the same administrative district exceeds or falls short of the maintenance rate paid in respect of that work.

(1) For the purpose of any irrigation rate leviable under this Ordinance, or any rate leviable in respect of irrigation under any previous Irrigation Ordinance, the Government Agent, with the assistance of the Director of Irrigation and the Surveyor-General, shall from time to time, in such manner as to him may appear expedient, prepare a specification showing the several lands benefited or to be benefited, with the names of the proprietors and the contribution, in money or labour, payable by each in respect of his land ; and such specification shall be conclusive proof that the lands included in the specification and the proprietors thereof are severally bound and liable for the payment or rendering of such contribution.

(2) The Government Agent may from time to time amend any specification, and may exclude from liability to contribution any lands included in any specification which may from time to time be found not to be benefited, or may, on notice to the proprietors concerned, add thereto such additional lands as may from time to time be found benefited.

(3) Every specification which is in force at the appointed date shall be revised by the Government Agent within three years after that date and thereafter at intervals of not more than five years; and every specification prepared after the appointed date shall be revised by the Government Agent at intervals of not more than five years.

(a) that the specification, which according to such Ordinance ought to have been made, has not in fact been made;

(b) that any specification which has been made is invalid or of doubtful validity by reason of noncompliance with the requirements of such Ordinance,

(1) Every land which, notwithstanding that it is not irrigable under any major irrigation work, derives substantial benefit from such work by seepage, shall be liable to the imposition in respect of such seepage of an irrigation rate (hereinafter referred to as a ” seepage rate”) not exceeding half the rate ordinarily payable by the proprietors of lands irrigable under the said irrigation work.

(2) In any case in which the Director of Irrigation is satisfied that any land is liable to the imposition of a seepage rate under this section, the Government Agent shall, by notice in writing, inform the proprietor of such land that it is proposed to impose upon such land a seepage rate of the amounts specified in the notice, and call upon such proprietor, if he object to the imposition of a seepage rate, to make application in the manner and within the time provided for by this section.

(3) Any proprietor who objects to the imposition of a seepage rate on the ground that the land in question is not deriving substantial benefit by seepage from the irrigation work, may within one month of the receipt of the notice referred to in subsection (2) apply to the Government Agent for an order that the land in question is not liable to the imposition of a seepage rate, and the Government Agent shall have jurisdiction to inquire into and determine the question, and his decision shall be final so far as it relates to the question of the liability of the land to the imposition of the seepage rate, and no further.

(4) In any case in which no application under subsection (3) is made within the time specified in that subsection, or in which, on such application, the question at issue is determined in favour of the Director of Irrigation, it shall be lawful for the Government Agent, by order published in the Gazette, to impose a seepage rate upon the land in question in accordance with this section, and to direct the inclusion of the said land in respect of such seepage rate in the specification in force for the purposes of the irrigation work.

(1) In any case in which any land, not otherwise benefited by any major irrigation work, is capable of deriving benefit from such work by the use of any mechanical appliance, it shall not be lawful-

(2) On the issue of a certificate under subsection (1), the Government Agent may, by order published in the Gazette, impose an irrigation rate upon the land in question of such an amount as may be approved by the Minister with the concurrence of the Minister of Finance, [1] and such land shall be included in the specification in force in respect of the irrigation work from which such land derives benefit.

(1) Except in the following cases, that is to say: –

the lands included in the specification of any major irrigation work constructed, or in course of construction at the appointed date, and the proprietors thereof, shall severally be bound and liable to an annual irrigation rate (hereinafter called the ” maintenance rate “) for the maintenance of such irrigation work.

(2) The lands included in the specification of any major irrigation work specified in the Schedule, and the proprietors thereof, shall severally be bound and liable to a maintenance rate for the maintenance of such irrigation work.

(3) The maintenance rate shall be assessed by the Government Agent and divided pro rata among the lands set out in the specification. In making his assessment the Government Agent shall be guided, in the case of any work which has been maintained for a period exceeding five years, by the actual cost of maintenance of such work for the five years preceding the date of assessment, and in the case of any work which has been maintained for a period not exceeding five years, by the estimate of the probable cost of annual maintenance which shall be prepared by the Director of Irrigation.

(4) All maintenance rates shall be reassessed by the Government Agent at the end of every period of five years or at such later date as may in any case be sanctioned by the Minister.

(5) A maintenance rate under this section may be assessed either separately (hereinafter called a ” separate rate “) in respect of a single irrigation work, or generally (hereinafter called a ” general rate “) in respect of any group of irrigation works.

(6) An irrigation work which is subject to a separate rate may, on the occasion of any reassessment, be included in a group of irrigation works, and be made subject to a general rate in respect of such group of works, and vice versa:

Provided that before any order is made converting a separate rate into a general rate or vice versa, the Government Agent shall consult the proprietors of the various works affected at a meeting or meetings
summoned by him for the purpose.

(7) For the purposes of every maintenance rate under this section the Government Agent shall from ] time to time prepare a specification in the manner provided by section 50, and all the provisions of that section shall, with the necessary modifications, apply to such specification.

(1) In any case in which a majority of the proprietors of the lands under any major irrigation work in respect of which a maintenance rate is payable under section 56, by resolution passed at a meeting of the proprietors summoned for the purpose by the Government Agent, request that such work be exempt from the provisions of that section, and themselves undertake to maintain the work, the Minister may, by Order published in the Gazette, direct that, with effect from such date and subject to such terms and conditions as may be specified in the Order, such work shall be exempt from the provisions of that section and shall be maintained by the proprietors in accordance with rules made under Part III, such rules not being inconsistent with any terms and conditions so specified.

(2) The Government Agent shall place before the meeting of the proprietors summoned under subsection (1). a scheme of maintenance which shall be prepared by the Director of Irrigation in consultation with the Government Agent, and in which all the operations which the proprietors are expected to undertake for the purposes of the maintenance of the irrigation work shall be clearly and completely specified.

(3) Every irrigation work in respect of which an Order is published under subsection (1) shall with effect from the date specified in the Order be exempt from the provisions of section 56, and shall be maintainable by the proprietors in accordance with rules made under Part III and the terms and conditions, if any, specified in the said Order :

Provided that in any case in which the proprietors fail to maintain such work to the satisfaction of the Government Agent, the Minister may, by Order published in the Gazette, cancel the Order made under subsection (1) in respect of that work, and on the publication of such Order, such work shall cease to be exempt from the provisions of section 56.

(1) Where after the appointed date any major irrigation work is constructed wholly for the purpose of benefiting lands held on grant, permit, lease, or otherwise from the Crown, such lands and the proprietors or owners thereof shall severally be bound and liable to a consolidated irrigation rate for the construction and maintenance of such work and for the water supplied or to be supplied to such lands from such work, in lieu of the rates leviable under the preceding provisions of this Ordinance.

(2) Subject as hereinafter provided, the following matters shall be taken into consideration in determining the amount of any consolidated irrigation rate to be levied under subsection (1) :-

(3) No consolidated irrigation rate shall be increased unless such increase has been approved by a resolution of the majority of the proprietors of lands subject to such rate at a meeting of those proprietors ‘ summoned for the purpose by the Government Agent.

(1) No scheme relating to a minor irrigation work shall have effect until such scheme has been confirmed by the Minister1 and until notice of such confirmation has been given in such manner as may be prescribed.

(2) After the notice referred to in subsection (1) has been given, every person interested in the scheme shall be entitled to inspect the scheme, free of charge, at the kachcheri.

(1) Where any minor irrigation work is so defectively maintained by the proprietors as, in the opinion of the Director of Irrigation, to endanger or impair the effectiveness of any major irrigation work with which such minor work is connected, the Minister may give notice that unless within a time fixed by the notice the arrangements for the maintenance of such minor work are made effective, and unless such work is thereafter effectively maintained, such work will be made subject to a maintenance rate under section 56.

(2) If the requirements of any notice given under subsection (1) are not complied with to the satisfaction of the Minister it shall be lawful for the Minister by Order published in the Gazette, to direct that the necessary arrangements for the maintenance of the minor irrigation work in respect of which such notice was given shall be carried out, and that the expenses of carrying out such arrangements and of the subsequent maintenance of such work shall be recovered by a maintenance rate under section 56, and thereupon the said work shall become maintainable by Government and shall be subject to a maintenance rate as though it were a new major irrigation work.

(3) No action shall be taken under this section unless the matter has been brought before a meeting of the proprietors summoned for the purpose by the Government Agent, and the requirements of the situation have been explained to them and such meeting has failed to make arrangements, by the framing of rules or otherwise, which, in the opinion of the Director of Irrigation, are effective for the purpose in view.

(1) Where the Government Agent is satisfied that the condition of any minor irrigation work is so defective, or that such work is so defectively maintained as to endanger or impair the effectiveness of any other such work, or as to prejudice or be likely to prejudice the interests of the proprietors of the lands irrigated by that other work, the Government Agent shall summon a meeting of the proprietors of lands irrigated by the first-mentioned work and shall explain to them the requirements of the situation, and shall call upon them to make arrangements, either by the framing of rules or otherwise, to remedy the defect to his satisfaction.

(2) In the event of the meeting summoned under subsection (1) failing by a resolution of the majority of the proprietors to make arrangements to the satisfaction of the Government Agent to remedy the defect, it shall be lawful for the Minister, by Order published in the Gazette, to direct that the necessary arrangements shall be carried out, and that the expenses of carrying out such arrangements and, if necessary, of the subsequent maintenance of the minor irrigation work shall be recoverable by a maintenance rate under section 56, and the said work shall thereupon become subject to a maintenance rate under that section as though it were a new major irrigation work.

(a) the prevention of the obstruction, diversion, or cutting of any ela, channel, or other watercourse comprised in the irrigation work, or of any other damage thereto ;

(b) the prevention of any encroachment upon any such ela, channel, or watercourse ;

(c) the prevention of any interference with any sluice, dam, or regulating machinery or device in or upon any such ela, channel, or watercourse ;

(d) the prevention of the obstruction of or interference with any road or path comprised in the irrigation work ;

(e) the construction of field channels and dams in approved places and in accordance with approved alignments ;

(f) the prevention of the waste of any water supplied from the irrigation work ;

(g) the prevention of the obtaining of water from any such ela, channel, or other watercourse in any manner not authorized ;

(h) the prevention of the diversion by any act or omission, of such water from any of the purposes for which it is intended ;

(i) the limitation of the extent of land for which water will be supplied in each season for cultivation under the irrigation work and the fixing of dates for the commencement and completion of the supply of such water in each season ;

(j) the conditions on which water will be supplied from the irrigation work and the charges to be paid for the supply of such water after the date fixed for the completion of cultivation ;

(k) the maintenance of the irrigation work ;

(l) any other matters necessary for the protection of the irrigation work, or for the conservation of water supplied therefrom.

(1) Where any person obstructs or encroaches upon any ela, channel, watercourse, or tank, it shall be lawful for the Government Agent, by notice in writing served on such person, to require him within such time as may be specified in the notice to remove or abate such obstruction or encroachment.

(2) If any person served with a notice under subsection (1) refuses or neglects to comply with the requirements of such notice within the specified time, or if there is any doubt as to who is the proper person to be served with such notice, it shall be lawful for the Government Agent to cause such obstruction or encroachment to be forthwith removed or abated ; and for that purpose it shall be lawful for the Government Agent to enter any land or premises, with such workmen, instruments and things as may be necessary, and to proceed to do therein, or cause to be done, all such things as may be necessary for such removal or abatement.

(a) by the person on account of whose noncompliance with any notice served under subsection (1) of that section such expenses were incurred, or

(b) in case no such notice was served owing to any doubt as to who was the proper person to be served with such notice, by such person as the Government Agent may determine, after such inquiry as he may deem necessary, to be the person who should have been served with such notice,

(1) Whenever the owner or occupier of any land or premises, by the clearance or drainage of such land or premises or by any other act or omission, whether of the same nature or not, in any way affecting any ela, channel, or watercourse, used for irrigation purposes, or any other irrigation work-

any person aggrieved by the act or omission of such owner or occupier may make a complaint to the Government Agent.

(2) In any case where-

(1) In every notice under section 67, the Government Agent shall inform the parties that, unless by a date specified in the notice or on such further date as he may on application fix, the parties have notified to him the name or names of an agreed arbitrator or arbitrators, he will apply to the District Judge to act as arbitrator with or without assessors as to the District Judge may seem proper.

(2) If the parties do not on or before the date specified in the notice under section 67 or such further date as may be fixed by the Government Agent notify to the Government Agent the name or names of an agreed arbitrator or arbitrators, the Government Agent may apply to the District Judge to act as arbitrator ; and it shall be the duty of the Judge to act in accordance with such application.

(3) The District Judge may, in his discretion, appoint assessors as he may think fit to assist him in any arbitration under this section.

(1) In any case in which the Government Agent, or the Director of Irrigation (not being a party concerned) , with a view to facilitating a settlement of the dispute, undertakes to execute the operation of carrying silt, earth, water, or any other substance or any other operation for the purpose of preventing damage to any land, an order for the execution of such operation may be embodied in the award.

(2) In any case in which the parties consent to the arbitrator or arbitrators determining any claim for damages that may have been made by a party, an order for the payment of damages may be embodied in the award, and where such an order has been so embodied no action shall lie in respect of such claim.

(3) In the event of the arbitrators not being agreed as to the award or as to any point arising in the course of the proceedings, the opinion of the majority shall prevail.

(4) In the event of there being no opinion supported by a majority of the arbitrators, it shall be lawful for the Government Agent to appoint, by writing under his hand, an umpire to decide all matters in question in the arbitration, and in any such case the award shall be made by the umpire, and shall be as binding in all respects as if it had been made by the arbitrators or a majority of them.

(1) The Government Agent shall fix the fee to be paid to an umpire appointed under section 71 and an order directing the payment of such fee shall be included in and form part of any award made by the
umpire.

(2) In the event of assessors being appointed to assist a District Judge in the conduct of an arbitration, the District Judge shall fix the fee of the assessors, and an order directing the payment of such fee shall be included in and form part of any award made by such Judge.

(1) In any case in which by any award made under this Part any order is made upon the owner or occupier of any land or premises, the Government Agent shall cause a copy of such order to be served upon such owner or occupier ; and if such owner or occupier makes default in complying with such order the Government Agent may from time to time, after reasonable notice to such owner or occupier, himself take the necessary steps to carry out the order, and for that purpose it shall be lawful for the Government Agent or any person thereto authorized in writing by the Government Agent to enter any land or premises with such workmen, instruments and things as may be necessary.

(2) The expenses incurred by the Government Agent under subsection (1) shall be certified under his hand, and shall be a first charge on the land or premises in respect of which notice was served under subsection (1), and on any crop or produce thereof, and on any movables thereon, and where default is made in the payment of such expenses, the Government Agent shall proceed to recover such expenses in the manner provided in Part VII.

(1) Where water from any ela, channel, watercourse or other irrigation work is obtained in any manner not authorized or is allowed to run to waste, and the person who obtained such water or allowed such water to run to waste cannot be identified, then, if any land has derived any benefit from such water, the proprietor of such land shall be liable to pay for such water at such rate as the Government Agent may determine.

(2) Where any act is committed whereby damage is caused to any irrigation work and the person who committed such act cannot be identified, then, if any land has derived any benefit as a result of the commission of such act, the proprietor of such land shall be liable to pay to the Government Agent the expenses incurred in repairing such damage.

(3) If default is made in the payment of any sum due under this section, such sum shall be recoverable in the manner provided in Part VII.

(1) A register shall be kept, at the kachcheri of every administrative district in which irrigation works are situated, of all the proprietors or mortgagees of lands under such irrigation works who may desire to have their names inserted therein.

(2) Every registration under this section shall, subject to any correction or alteration made therein, remain in force for four years, but may be renewed from time to time for a further period of four years. If such registration is not renewed before the end of any period of four years, the registration shall be cancelled.

(3) A fee of one rupee shall be charged for every registration under this section, whether original or by way of renewal, and for every correction or alteration made in such registration.

(4) Regulations may be made prescribing-

(5) During the continuance in operation of any regulations under subsection (4) and from the coming into force of any register prepared thereunder, any reference in this Ordinance to the register kept under section 17 or under subsection (1) of this section shall be read and construed as a reference to the register prepared in pursuance of such regulations, and it shall be a sufficient compliance with the provisions of subsection (4) of section 20 if the notice required thereunder is given to such of the persons on the register as are resident outside the administrative district to which the register relates.

(1) All contributions due or deemed to be due under this Ordinance shall be payable in respect of each calendar year, and shall be paid on or before the thirtieth day of June in that year, or on such other date as the Minister with the concurrence of the Minister of Finance[1] may, by Order published in the Gazette, appoint.

(2) All contributions due or deemed to be due under this Ordinance shall be recovered in accordance with the provisions of this Part.

(1) Where default is made in the payment of any contribution of money or other sum due or deemed to be due under this Ordinance, the land in respect of which such contribution or other sum is due shall be and is hereby declared to be specially bound and liable for such payment, and it shall be lawful for the Government Agent or any person authorized by writing under his hand, to seize such land and any crop or produce thereof and any movables thereon, to whomsoever such land, crop, produce or movables may belong; and if such contribution, or other sum, together with any costs payable under section 86, are not sooner paid or tendered, to sell the land, crop, produce or movables, so seized, by public auction at any time not less than twenty-one days from the date of such seizure.

(2) Where default is made in any contribution of labour due or deemed to be due under this Ordinance, it shall be lawful for the Government Agent or any person authorized by writing under his hand to cause such labour to be performed by some person other than the defaulter, and the expenses incurred thereby shall be recoverable in the same manner as contributions of money are recoverable under subsection (1).

(3) Where the authority imposing any fine or penalty for any offence under this Ordinance, orders that in the event of default in the payment of such fine or penalty, the amount thereof be recovered in the manner provided in this Part, it shall be lawful for the Government Agent or any person authorized by writing under his hand to seize any property whatsoever belonging to the defaulter, wheresoever such property may be found, and, if the amount due, together with any costs payable under section 86, are not sooner paid or tendered, to sell the property so seized by public auction at any time not less than twenty-one days from the date of such seizure.

(1) Where land is seized under section 78, the
Government Agent shall forthwith, after such seizure, cause a notice setting out the facts of the seizure, the reasons therefor, and the date fixed for the sale of the land to be affixed in a conspicuous position on the land.

(2) Where a proprietor or mortgagee of land seized under section 78 has registered his address in the register kept under section 17 or section 76, the Government Agent shall cause a notice setting out the facts of the seizure, the reasons therefor, a specification of the property seized and the date fixed for the sale to be sent by registered post to such proprietor or mortgagee at the address specified in the register at least fourteen days before the date fixed for the sale.

(a) for the cost of proceeding to seize the property, a charge not exceeding fifty cents for every ten rupees or part thereof due ;

(b) for the expenses of any person having the custody or possession of the property, a charge not exceeding one rupee for each continuous period not exceeding twenty-four hours ;

(c) for the expenses of sale, a charge not exceeding twenty-five cents for every ten rupees or part thereof of the net proceeds of the sale.

(1) Where any property seized under section 78 is sold, the Government Agent at whose instance such seizure was made shall, after deducting the amount due from the defaulter and also the costs payable under section 86 pay the surplus, if any, arising from such sale to the owner or joint owners of the property sold, or in case the Government Agent is in doubt as to whom the money is to be paid, into the District Court having jurisdiction over the area in which the property was situated at the time of the sale.

(2) Where any land is sold under section 78, the Government Agent shall sign a certificate of sale in such form as may be prescribed, and such certificate shall be sufficient to vest the land sold in the purchaser, and in any case where the land so sold is land under any irrigation work, such land shall vest in the purchaser free from all incumbrances whatsoever, any custom or written law to the contrary notwithstanding.

(3) Every certificate of sale under subsection (2) shall be liable to the stamp duty fixed for conveyance of immovable property, and to any registration or other charges authorized by law, and such duty and charges shall be paid by the purchaser.

(l)The Government Agent or any person authorized by him in writing, may bid for and purchase, on behalf of the Crown, any land sold under section 78.

(2) Notwithstanding any custom or written law to the contrary, where any land is purchased under subsection (1) on behalf of the Crown, such land shall vest in the Crown free from all incumbrances whatsoever, and notwithstanding anything in subsection (3) of section 87, the certificate of sale issued in respect of that land shall not be liable to any stamp duty or any registration or other charges.

(1) Where within five years from the date of purchase of any land on behalf of the Crown under section 88 and before such land is resold, the defaulter or any person authorized by him, or if the defaulter be dead, any heir of the defaulter or any person authorized by any such heir, pays to the Government the amount due from the defaulter in respect of such land together with the value of the improvements made to the land after it was purchased by the Crown, the Government Agent shall, by endorsement on a certified copy of the certificate referred to in subsection (2) of that section, cancel the sale of such land to the Crown, and upon the registration of such endorsement under the Registration of Documents Ordinance, such land shall revest in the defaulter or, as the case may be, vest in such heir, as though such sale had never been made.

(2) Where any portion of any land purchased on behalf of the Crown under section 88 has been resold, the provisions of subsection (1) of this section shall apply, with the necessary modifications, to the portion of such land remaining unsold, and in any such case, the amount due from the defaulter shall be reduced by such amount as the Government Agent may determine in the circumstances of each case.

(3) In this section ” amount due from the defaulter ” means the amount in default of payment of which the land was sold under section 78, and includes the costs payable under section 86 and the surplus, if any, which has been paid under section 87 (1), together with interest on such amount, costs and surplus at such rate not exceeding six per centum per annum as the Government Agent may determine.

(1) Where any land has been purchased on behalf of the Crown under section 88, and the sale has not been cancelled under section 89, it shall be lawful for the Government Agent, at any time to resell such land, and on such resale to transfer to the purchaser, by endorsement on a certified copy of the certificate referred to in subsection (2) of section 88 all the right, title, and interest which would have been acquired by the purchaser if he had purchased the land at the original sale, and upon the registration of such endorsement under the Registration of Documents Ordinance, such right, title and interest shall vest in the purchaser accordingly.

(2) Every endorsement under subsection (1) shall be liable to the same stamp duty and charges as a certificate to a purchaser at the original sale, and such duty and charges shall be paid by the purchaser in whose favour the endorsement is made.

(1) Where, after the sale of any land under the provisions of this Part, any person other than the purchaser or the heir or servant or agent of the purchaser of that land at such sale remains in occupation or possession of that land or any part thereof, a Magistrate having local jurisdiction over the area in which that land is situated shall, on the application of the Government Agent, by order direct the Fiscal or a police officer to eject such person from that land and to deliver possession thereof to the Government Agent or to his representative, or to the purchaser or his heir or servant or agent, as the case may be.

(2) The Fiscal or a police officer charged with the execution of an order of ejectment made by a Magistrate under this section shall comply with the directions of the Magistrate and shall make due return in the prescribed form furnishing the prescribed particulars relating to the execution of the order.

(3) In the execution of an order of ejectment, the Fiscal or a police officer or any other officer authorized by or accompanying the Fiscal or police officer may use such force as may be necessary to eject any person or persons in possession or occupation of the land or any part thereof and to deliver possession of the land to the Government Agent or his representative, or to the purchaser or his heir or servant or agent, as the case may be.

(a) wilfully and mischievously blocks up or obstructs, or causes to be in any way blocked up or obstructed, any channel or watercourse comprised in any irrigation work ; or

(b) wilfully and mischievously cuts the bund, bank, or side of any irrigation work ; or

(c) wilfully and mischievously causes waste of water conserved by any irrigation work ; or

(d) wilfully and wrongfully draws off or converts to his own use any such water,

(a) fails or neglects to perform the duties devolving upon him, or

(b) in excess of the authority conferred upon him by this Ordinance or by any rule or regulation made or deemed to have been made thereunder, acts in bad faith or without probable cause or wantonly and maliciously,

(1) Every offence under section 94, section 95 or section 96 shall be triable by the Rural Court having jurisdiction over the place where the offence was committed :

Provided that every such offence committed in any area, declared to be a special irrigation area by Order made by the Minister under this section and published in the Gazette; shall be triable exclusively by an irrigation tribunal constituted as hereinafter provided, or where the Minister so directs in such Order, by the Government Agent or a person authorized in that behalf by writing under the hand of the Government Agent.

(2) No Order directing any offence referred to in subsection (1) to be tried by a Government Agent or a person authorized by the Government Agent shall be made in respect of any area unless the Minister is of opinion that it is impracticable to obtain the assistance of councillors to constitute an irrigation tribunal within that area.

(1) Where-

Provided that except with the consent of both parties no such order shall be made in any case in which the amount of the damage claimed or the expenditure incurred exceeds two hundred rupees.

(2) Where a person is convicted of a breach of any regulation made under section 64 for the protection of any irrigation work or the conservation of water supplied therefrom it shall be competent to the Rural Court, in addition to any punishment it may impose, to order such person to pay a penalty not exceeding double the value of the damage caused as a result of such breach.

(3) Where any proprietor is adjudged to pay any fine or penalty for an offence under this Ordinance and default is made in the payment of the fine or penalty, it shall be competent to the Rural Court, instead of sentencing the defaulter to detention or imprisonment, to order the amount of the fine or penalty to be recovered in the manner provided in Part VII of this Ordinance.

(1) Where any complaint has been made against any person to an irrigation tribunal, the president of such tribunal may serve or cause to be served on such person a summons requiring the attendance of such person before such tribunal on a date to be specified in the summons.

(2) Where any person on whom a summons has been served under subsection (1) fails to appear as required by the summons, the president of the irrigation tribunal may issue a warrant to secure the attendance of such person.

(a) of a husband, on behalf of his wife ; or

(b) of a guardian or curator, on behalf of the person or persons for whom he acts as such ; or

(c) of an agent resident within the jurisdiction of the tribunal, on behalf of a principal who is not so resident; or

(d) of a proprietor, on behalf of his servant or cultivator ; or

(e) of a servant or cultivator, on behalf of a proprietor ; or

(f) of any person (not being an advocate or proctor) expressly authorized thereto by the president of the tribunal, on behalf of a minor who is not represented by any person legally entitled to represent him, or on behalf of any other party in the special circumstances of any case.

(1) On the conclusion of any trial before an irrigation tribunal the opinion of the councillors shall be first expressed and recorded, and afterwards that
of the president.

(2) In case of any difference of opinion between the president and the majority of the councillors, the opinion of the president shall prevail and shall be taken to be the decision in the case, but in every such case a record shall be made of such difference of opinion.

(a) the selection of councillors to serve on an irrigation tribunal;

(b) the procedure to be observed in proceedings before an irrigation tribunal;

(c) the adaptation or modification or alteration of any provision of written law for the time being in force relating to appeals from orders or sentences made or imposed by Rural Courts in such manner as may be necessary for the purpose of its application in the case of appeals from orders or sentences made or imposed by irrigation tribunals ;

(d) any other matter connected with or incidental to proceedings before an irrigation tribunal.

(1) The Minister [1] may make regulations for all matters for which regulations are required or authorized to be made under this Ordinance, all matters required or authorized by this Ordinance to be prescribed, and all other matters incidental to or connected with such matters.

(2) No regulation made by the Minister[1] under this Ordinance shall have effect until it has been approved by the Senate and the House of Representatives[1] and notification of such approval is published in the Gazette. Every regulation shall, upon notification of such approval [1] in the Gazette, be as valid and effectual as if it were herein enacted.

(1) In this Ordinance, unless the context otherwise requires-

” appointed date ” means the 1st day of November, 1946;

” construction ” with reference to any irrigation work includes any improvement or extension of any irrigation work, or the repair or restoration of any abandoned irrigation work, or (subject to the definition of ” maintenance” hereinafter contained) any operation for the protection of any irrigation work, or the irrigable area thereunder, or of any part of such work or area ;

” contribution” includes all rates, subscriptions, charges and assessments made under this Ordinance or under any previous Irrigation Ordinance;

” cost of maintenance “, with reference to any irrigagation work in any year, includes such reasonable contribution in respect of establishment charges, cost of tools, plant and transport thereof, as may be approved by the Minister with the concurrence of the Minister of Finance ; [1]

” expenses of construction ” includes the expenses of survey and investigation and such reasonable contribution in respect of establishment charges, the cost of tools, plant and transport thereof, as may be approved by the Minister with the concurrence of the Minister of Finance ; [1]

” Government Agent” includes an Assistant Government Agent;

” irrigable area ” means the area benefited by any irrigation work but does not include any manawari lands situated within that area ;

” irrigation division ” means a division declared to be an irrigation division under section 23 ;

” irrigation scheme ” means a scheme between the proprietors and the Government prepared in accordance with the provisions of Part V of this Ordinance;

” irrigation work ” includes-

” land ” in the case of land held on lease or permit from the Crown means the interest of the lessee or permit-holder in the land, and the expression ” owner” with reference to such land means the lessee or permit-holder ;

” maintenance ” with reference to any irrigation work (whether constructed under this Ordinance or under any previous Irrigation Ordinance) includes any operation for the protection of any existing irrigation work or the irrigable area thereunder or of any part of such work or area, which the authority responsible for the maintenance of the work may declare to be a minor operation;

“major irrigation work” means an irrigation work constructed and maintained by or under the authority of the Director of Irrigation out of moneys provided by Parliament;

” majority of proprietors ” means-

” manawari division” means a division declared to be a manawari division under section 23 ;

” manawari land ” means any land which is cultivated or to be cultivated with paddy, and which is not supplied with water by any irrigation work, but is dependent for its water supply either upon rain water or on water baled from any well, or from any river, canal, lagoon, lake or other inland water ;

“minor irrigation work” means an irrigation work other than a major irrigation work ;

” occupier ” means a person in actual occupation of any land or premises and includes a person having the charge, management or control of the land or premises ;

” prescribed ” means prescribed by this Ordinance or by any regulation made thereunder ;

” previous Irrigation Ordinance” includes the Irrigation Ordinance, No. 45 of 1917,*[* Repealed by Ordinance No. 32 of 1946.] Ordinance No. 23 of 1889 and any Ordinance thereby repealed and Ordinances No. 6 of 1892, No. 10 of 1901, No. 16 of 1906, No. 20 of 1908 and No. 11 of 1915 ;

” proprietor “-

” proprietors within the division “-

” proprietor within any irrigable area or tract ” means the proprietor of any land within that area or tract;

” regulation” means a regulation made by the Minister [1] under this Ordinance ;

” tract ” means any portion of any irrigable area defined as a tract by or in pursuance of any scheme under this Ordinance ;

“village area ” means a village area constituted or deemed to be constituted under the Village Communities Ordinance ;

” watercourse “, ” channel “, ” ela “, or ” tank ” includes the banks and bunds of the watercourse, channel, ela or tank, as the case may be, and any reservation of Crown land defined as belonging thereto by or under the authority of the Director of Irrigation, either by demarcation on the ground or in any map or plan.

(2) Every expression denned in subsection (1) shall when used in any scheme or resolution under this Ordinance, have the meaning assigned to it by that subsection unless the context otherwise requires.

(1) every rule, made under any previous Irrigation Ordinance by the proprietors within any irrigation district, or in place of such proprietors by the Government Agent in the exercise of the powers vested in him by any previous Irrigation Ordinance, and in force or deemed to be in force at the appointed date, shall, so far as it is not inconsistent with the provisions of this Ordinance, continue in force in each of the irrigable areas or tracts within that district and shall be deemed for all purposes to be a rule made by the proprietors within each such irrigable area or tract under this Ordinance ;

(2) every rule, made under any previous Irrigation Ordinance by the proprietors within any irrigable area or tract, and in force or deemed to be in force at the appointed date, shall, so far as it is not inconsistent with the provisions of this Ordinance, continue in force in such irrigable area or tract and shall be deemed for all purposes to be a rule made under this Ordinance ;

(3) every rule relating to the protection of irrigation works or the conservation of water, made by the Governor under section 60 of the Irrigation Ordinance, No. 45 of 1917,*[* Repealed by Ordinance No. 32 of 1946.] or under any other previous Irrigation Ordinance, and in force at the appointed date shall, so far as it is not inconsistent with the provisions of this Ordinance, continue in force and shall be deemed for all purposes to be a regulation made under section 64 of this Ordinance ;

(4) every rule relating to the form and manner of procedure to be observed in proceedings before a Village Council, a Government Agent or a person authorized by a Government Agent, the process to be issued therein or the mode of enforcing such process, made by the Governor under section 33 of the Irrigation Ordinance, No. 45 of 1917,* or deemed to have been made under that Ordinance and in force at the appointed date shall, so far as it is not inconsistent with the provisions of this Ordinance, continue in force and shall be deemed for all purposes to be a rule made under section 111 of this Ordinance ;

(5) every by-law, made or deemed to have been
made under section 49 (2) (xxii) *[* This is a reference to the paragraph (xxii) of section 49 (2) of the Village Communities Ordinance (Cap. 198 in the 1938 Edition), which is repealed by section 119 (1) of Ordinance No. 32 of 1946.] of the Village Communities Ordinance by the Village Committee of any village area, and in force at the appointed date, shall, so far as it is not inconsistent with the provisions of this Ordinance, continue in force and shall be deemed for all purposes to be a rule made by the proprietors of each irrigable area or tract or by the proprietors of manawari lands situated in that village area under section 11 or section 12, as the case may be, of this Ordinance ;

(6)

(7) every resolution passed by a majority of pro-
prietors under any previous Irrigation Ordinance, and in effect at the appointed date, shall continue in force and be deemed to be a resolution passed under this Ordinance ;

(8) every headman or other officer elected or appointed or deemed to have been elected or appointed under any previous Irrigation Ordinance, and continuing in office at the appointed date, shall be deemed to be a headman or officer elected or appointed, as the case may be, under this Ordinance ;

(9) all rates, subscriptions, contributions, charges and assessments established, levied, or made under any previous Irrigation Ordinance or any rules thereunder, and in force at the appointed date, shall be deemed to be established, levied or made, as the case may be, under this Ordinance ;

(10) every committee (other than a district advisory committee) constituted or established under any previous Irrigation Ordinance and in existence at the appointed date shall be deemed for all purposes to be a committee constituted or established under this Ordinance;

(11) any specification, plan, estimate or report pre-
pared or made under or in pursuance of any of the provisions of any previous Irrigation Ordinance or deemed to have been prepared or made under or for the purposes of any such Ordinance shall be deemed to have been duly prepared or made under and for the purposes of this Ordinance ;

(12) every scheme prepared and sanctioned or deemed
to have been sanctioned under any previous Irrigation Ordinance and in effect at the appointed date shall continue in force and shall be deemed for all purposes to be a scheme duly confirmed, ratified and in effect under this Ordinance.