S.1 Short title and commencement

       (1) This Act may be called the Kerala Irrigation and Water Conservation (Amendment) Act, 2006.
(2) It shall come into force at once.

S.2 Amendment of section 2

       In the Kerala Irrigation and Water Conservation Act, 2003(31 of 2003) (hereinafter referred to as the principal Act) in section 2,--
        (1) after clause (j) the following clauses shall be inserted namely:--
        (ja) `custodian` means any State Government, or any local authority, body Corporate, associations of persons or an individual, who under any law, contract, treaty, agreement, order, judgment or decree has been granted the right to establish, or has established or is running or otherwise operating any dam within the State of Kerala;
        (jb) 'dam' means any artificial barrier including appurtenant work constructed across a river or tributaries thereof with a view to impound or divert water for irrigation, drinking water supply

S.3 Amendment of section 57

       In section 57 of the principal Act,--
        (1) in sub-section (1), for the words "surveillance, inspection" the words "ensuring the safety and security" shall be substituted;
        (2) in sub section (2) the explanation shall be deleted;
        (3) after sub-section (2), the following sub-section shall be inserted, namely:-
"(3) The provisions contained in this Chapter shall be in addition to and not in derogation of any other provisions contained in any other law for the time being in force and none of the provisions in this Chapter shall be construed, treated or read as infructuous or unenforceable on account of any provisions under any law for the time being in force.".

S.4 Amendment of section 59

       In section 59 of the principal Act,--
        (1) the existing section shall be numbered as sub-section (1) of that section and in sub-section (1) as to re-numbered the words "including the quorum there at" shall be deleted;
        (2) after sub-section (1) the following sub-section shall be added, namely:-
"(2), The quorum at the meeting of the Authority shall not be less than fifty per cent of the total number of members of the Authority.".

S.5 Substitution of section 62

       For section 62 of the principal Act, the following section shall be substituted, namely:-
        "62. Functions of the Authority".-(1) Notwithstanding anything contained in any other law, judgment, decree or order of any court or in any treaty, agreement, contract, instrument or other document, the Authority shall exercise the following functions, namely:-
        (a) to evaluate the safety and security of all dams in the State considering among other factors, the age of the structures, geological and seismic factors, degeneration or degradation caused over time or otherwise;
        (b) to conduct periodical inspections of all the dams;
        (c) to advise the Government on security measures to be adopted in respect of a

S.6 Insertion of new sections 62 A and 62B

       After section 62, the following sections shall be inserted, namely:-
        "62 A. Scheduled dams.- (1) The details of the dams which are endangered on account of their age, degeneration, degradation, structural or other impediments are as specified in the SECOND SCHEDULE.
        (2) Notwithstanding anything contained in any other law or in any judgment, decree, order or direction of any court, or any treaty, contract, agreement, instrument or document, no Government, custodian or any other agency shall increase, augment, add to or expand the Full Reservoir Level Fixed or in any other way do or omit to do any act with a view to increase the water level fixed and set out in THE SECOND SCHEDULE. Such level shall not be altered except in accordance with the provisions of this Act in respect of any Scheduled dam.

S.7 Insertion of new section 68 A

       In the principal Act, after section 68 the following section shall be inserted, namely:-
        "68A. Protection of action and immunities from challenge etc".- (1) No suit, prosecution or other legal proceedings shall lie against the Authority or against any officer or employee in respect of anything which is done in good faith or intended to be done in the discharge of official duties under this Act.
(2) No civil court shall have jurisdiction to settle, decide or deal with any question of fact or to determine any matter which is by or under this Act required to be settled, decided or dealt with or to be determined by the Authority under this Act.".

S.8 Insertion of Second Schedule

       In the principal Act, after the Schedule, the following Schedule shall be added, namely:-
       
       
       "SECOND SCHEDULE
       [See section 62A(1)]
       
       Sl.No. Name of Dam Year of
       completion Full Reservoir Level Fixed.
        1.
       
       
       2
       3..
       4.
       5.
       6.