CHAPTER I
General Provisions

Section 5. For the purpose of this Act, Irrigation Waterways shall be divided into four categories, viz.:
1st Category.
A waterway used for supplying, draining, conserving or retaining water for irrigation purposes.
2nd Category.
A waterway used for navigation in common with irrigation within the area benefited from irrigation works.
3rd Category.
A waterway reserved for irrigation purposes.
4th Category.
A waterway which is accessory to irrigation.

The Minister shall notify in the Government Gazette as to which waterway is the Irrigation Waterway and of what category.

Section 6. The Irrigation Engineer shall have the power to make use of the ground surface of the land without any construction thereon in the Irrigation Area from time to time for any necessary period by giving notice to the owner or possessor, of such land not less than seven days in advance. If it results in damage being caused, reasonable compensation shall be paid.

Section 7. In case of emergency, in order to prevent any danger affecting the irrigation works, the Irrigation Engineer shall have the power to make use of, as may be necessary, the land or articles of any person which are in the neighborhood or within the vicinity in which the danger may occur. If it results in damage being caused, reasonable compensation shall be paid.

The provision of Section 8 as amended by Section 4 of the State Irrigation Act (No.3) B.E. 2507 was repealed by Section 4 of the State Irrigation Act (No. 4) B.E. 2518 and superseded by the following.

Section 8. The Minister shall have the power to collect irrigation rates from the owner or possessor of the Irrigation Area, by prescribing the Ministerial Regulations specifying the following.
(1) Each line or area of the Irrigation Waterway where irrigation rates are to be collected with a map showing the boundaries thereof.
(2) Districts and precinct of each Irrigation Area where irrigation rates are to be collected with a map showing the boundaries thereof.
(3) Irrigation rates to be collected from owners or possessors of the land in Irrigation Area or agricultural users outside the Irrigation Area.
(4) Irrigation rates to be collected from users for factory waterworks or other purposes in or outside the Irrigation Area.
(5) Rules, regulations and procedures for collecting or paying irrigation rates including exemption, reduction or installment plan of the irrigation rates.

The irrigation rates to be collected from the owner, of the possessor of the land or the land inside the Irrigation Area or the agricultural users outside the Irrigation Area, shall not exceed five Bath per rai per year.
The irrigation rates to be collected for water user for factory, waterworks or other purposes, shall not exceed fifty Stang per Cubic Metre.

(There shall be added the following as Section 8 bis by Section 5 of the State Irrigation Act. (No.4) B.E. 2518)

Section 8 bis. There shall be established in the Royal Irrigation Department a revoiving fund called the Revolving Fund for Irrigation.

The irrigation fee collected under section 8 shall be credited to the account of the Revolving Fund for Irrigation, and not be remitted to the Treasury as State revenue.

The payment of money from the Revolving Fund for Irrigation shall be mead only for the irrigation pursuant to the rules prescribed by the Minister with the approval of the Ministry of Finance.
The Minister of Agriculture and Cooperatives shall, within ninety days after the end of every fiscal year, publish in the Government Gazette a report containing the receipts and expenditures of the Revolving Fund for Irrigation.
When the report of receipts and expenditures under paragraph four has been audited by the Audit Council, the Office of the Auditor-General, an auditing report shall be submitted to the Council of Ministers for further submission to the National Assembly for information.

Section 9. If it cannot be done by other means, in order to receive the benefit from the irrigation works, the owners of the land far away from any waterway or source of water shall have the right to make a waterway of not exceeding ten meters wide including the place of the deposit of spoil through another person's land upon authorization and determination of the Irrigation Engineer, the Commissioner of the Province or the District Officer. But reasonable compensation shall be paid to the owner and possessor of the land through which such waterway passes.
In giving authorization and determining such waterway, the benefit to the owner and possessor of the land through which such waterway passes shall be taken into consideration, and the place to be determined shall be that which will cause the least damage to the owner and possessor of such land.

CHAPTER II
Construction

Section 10. The Official shall, after giving reasonable notice in advance, have power to enter upon the land of any person to make survey and investigation in connection with the irrigation works. If it results in damage being caused, reasonable compensation shall be paid. The provision in Section 11 previous provision was repealed by Section 4 of the State Irrigation Act (No.5) B.E. 2530 and superseded by the following.

Section 11. When it is imperative to acquired the immovable property for the benefit of royal irrigation, if there is no agreement regarding the transfer has been concluded otherwise, the expropriation shall be carried out according to the law governing expropriation of immovable property.
The transfer of the immovable property acquired pursuant to paragraph one with expropriation according to the law governing expropriation shall be exempted from fees and duty stamps.

"Section 12. The Official shall have power to take possession an make use of the land which has been expropriated under the law concerning expropriation of immovable property for irrigation purposes even the compensation has not yet been paid. But the Official shall inform the owner and possessor of the said land not less than thirty days in advance.

In case it is unable to send such notice to the owner or possessor of the land, such information shall be made know by posting up the notice on the said land, and after the expiration of forty-five days from the date of posting up such notice, the Official shall take possession and make use of the said land."

The previous provision was repealed by Section 1 of the Announcement of the Revolution Party No. 146 and superseded by the following.

"Section 12. (The provision in Section 12 was repealed by Section 5 of the State Irrigation Act (No. 5) B.E. 2530.)

Section 12 bis. (The provision in Section 12 bis. was repealed by Section 5 of the State Irrigation Act (No. 5) B.E. 2530.)

Next Page
[1]  [2]  [3]  [4]  [5]