CHAPTER III
Maintenance

The provision of Section 13 was repealed by Section 5 of the State Irrigation Act (No. 3) B.E. 2507 and superseded by the following.

Section 13. The Director General shall have power to appoint any person who is not an Official of the Royal Irrigation Department to be the Official having the duty in collecting the irrigation waterway maintenance fees or taking care of and maintaining the irrigation waterway, embankment, berm, dam, flood embankment, bench marks or structure in irrigation works as laid down by the Director General. The appointment shall be posted up publicly at Irrigation Office in that area.
The following was added as Section 13 bis. by Section 4 of the State Irrigation Act (No. 2) B.E. 2497.

"Section 13 bis. When it is deemed expedient to transfer the State irrigation works in any locality or on any State Irrigation Project to the status of people irrigation, this may be effected by the issue of a Royal Decree to demarcate the zone with limits of the State irrigation works to be transferred. After the issue of the Royal Decree on the said transfer, the State irrigation works so transferred shall be considered as people irrigation works under the People Irrigation Law from date of the Royal Decree becoming effective."
The following was added as Section 13 ter. By Section 6 of the State Irrigation Act (No. 3) B.E. 2507.

Section 13 ter. The Official, having the duty collecting in the irrigation waterway maintenance fees or taking care of and maintaining the irrigation waterway, embankment, berm, dam, flood embankment, bench marks or structure in irrigation works shall have the power and duty as follows:
(1) Order the controller of craft passing or will pass through irrigation waterway to stop or park their craft when having cause to doubt of offense under this Act.
(2) Inspect the irrigation waterway maintenance fees card, irrigation waterway navigation passport or license.
(3) Arrest red-hand any person acting in offense under this Act.
The following was added as Section 13 quarter. By Section 7 of the State Irrigation Act (No. 3) B.E. 2507.Section 13 quarter. In carrying out under Section 13 ter, the competent official shall show his identity card to those concerned at request.
The identity card of the competent official shall be in the form as specified in the Ministerial Regulation.
The following was added as Section 13 quinque., by Section 8 of the State Irrigation Act (No. 3) B.E. 2507.

Section 13 quinque. Motor or steam-vessels are prohibited from navigating in 1st Category Irrigation Waterway. Exemption can be made in writing from the Official from time to time as necessary. Motor or steam vessels with passengers, freight or hire for towing are prohibited from using in 2nd Category Irrigation Waterway, exepted with permission from the Official.
The navigation license for motor or steam vessels hired to transfer passengers, freight or tow in 2nd Category Irrigation Waterway are valid to 31st December of the issuing year.
The provision of Section 14, previous provision was repealed by Section 9 of the State Irrigation Act (No. 3) B.E. 2507 and superseded by the following.

Section 14. The Minister shall have the power to issue Ministerial Regulation for the following purposes:
(1) To lay down rules for the use of craft in the 1st and 2nd Category Irrigation Waterway.
(2) To lay down the procedures for requesting and allowing motor or steam vessel Transferring passengers, freights or towing other boat in the 2nd Category Irrigation waterway.
(3) To fix the rates of Irrigation Waterway maintenance fees which shall be collected from the persons using craft passing through the navigation locks, regulators, dams or over the regulators by means of a slipway at the rate of not more than those specified in the Schedule (A) annexed to this Act; and to specify the exemption of Irrigation Waterway maintenance fees for certain kinds of craft.
(4) To fix the rates of Irrigation Waterway maintenance fees which shall be collected on the annual basis from the licensee using motor or steam vessels transferring passengers, goods or towing boats in the 2nd Category Irrigation Waterway, at the rate of not more than those specified in the Schedule(B) annexed to this Act.
(5) To fix the rates of fees at the rate of not more those specified in the Schedule (C) annexed to this Act.
(6) To specify implements and modes of fishing and fishing restriction areas in such waterway for the purpose of preventing damage to the irrigation works.
The provision of Section 15, previous provision was repealed by Section 10 and 11 of the State Irrigation Act (No. 3) B.E. 2507 and superseded by the following.

Section 15. For the benefit of the irrigation works, the Director General shall have the power as follows.
(1) To close, retain or open water in the Irrigation Waterways.
(2) To dredge, repair or remodel the Irrigation Waterway, or to have any structure constructed in such waterways.
(3) To prohibit, restrict or lay down conditions for the passage of craft through the Irrigation Waterways under (1) or (2).

To invoke the power under this Act, a notification shall be posted up at places of Conglomeration of people in the locality for a period of not less than 7 days in advance, except in emergency case where the Director General shall have the power to proceed before the issue of notification.

The provisions of Section 15 and 16, previous provisions were repealed by Section 10 and 11 of the State Irrigation Act (No.3) B.E. 2507 and superseded by the following.

Section 16. The Director General shall have the power to prohibit, restrict of lay down conditions for the use of craft, the use and drainage of water or for other purposes in the 4th Category Irrigation Waterways, and it shall be notified at places of conglomeration of people in the locality for a period of not less than 7 days in advance.

The provision of Section 15 and 16, previous provision were repealed by Section 10 and 11.

Section 17. The Village Headman, Village Elder or the Municipal Councillor of the locality in the Irrigation Area shall have the duty of taking care of and maintaining the berms and the Irrigation Waterways which are in the area of the locality or the Municipality.

Next Page
[1]  [2]  [3]  [4]  [5]