Irrigation Areas 1

LAWS OF MALAYSIA
REPRINT

Act 386

IRRIGATION AREAS
ACT 1953
Incorporating all amendments up to 1 January 2006

PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
IN COLLABORATION WITH
PERCETAKAN NASIONAL MALAYSIA BHD
2006
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IRRIGATION AREAS ACT 1953

First enacted … ... ... ... … … … 1953 (Ord. No. 31 of

1953)

Revised … … … … … … … 1989 (Act 386 w.e.f.

21 September 1989)

PREVIOUS REPRINT

First Reprint ... ... ... ... ... 2001

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LAWS OF MALAYSIA

Act 386

IRRIGATION AREAS ACT 1953

ARRANGEMENT OF SECTIONS

Section

1. Short title and application

2. Interpretation
3. Declaration of irrigation areas
4. Nature of cultivation
5. Padi cultivation
6. Classification of the lands within an irrigation area
7. Water rate when payable
8. Collection of water rates
9. Management of irrigation areas
10. Delegation of powers and duties
11. Filling up obnoxious water-ways
12. Removal of trees or refuse
13. Power to withhold water
14. Damage to irrigation works by fire
15. Obstruction or damage
16. Waste or obstruction of water
17. Further penalty for wasting water
18. Compulsory provision of batas
19. Refusal to allow passage of water
20. Construction of unauthorized water-ways
21. Allowing animals to stray
22. Unauthorized use of vehicles and boats
23. Pollution of water
4 Laws of Malaysia ACT 386
Section

24. Tampering with irrigation works

25. Power to arrest
26. Power to compound offences
27. Power to make rules
28. Service of notices
29. Prosecution of offences
30. Repeal
SCHEDULE
 Irrigation Areas 5
LAWS OF MALAYSIA

Act 386

IRRIGATION AREAS ACT 1953

An Act relating to the establishment and regulation of irrigation

areas in Malaysia.

[25 June 1953]

Short title and application

1. (1) This Act may be cited as the Irrigation Areas Act 1953.

(2) This Act shall apply to the States of *Peninsular Malaysia

only.

Interpretation

2. In this Act, unless the context otherwise requires—

“appropriate authority” means the Ruler in Council or the Yang

di-Pertua Negeri in Council of a State;

“irrigation” means the practice of causing water to flow upon,

or spread over, or under, the surface of land or of retaining water
on or under the surface of land for agricultural purpose and includes
drainage for the removal of water which is injurious to agriculture;

“irrigation area” means any area which may from time to time
be so declared by the appropriate authority under this Act;

“irrigation water” means water which is put on to or retained

on land by means of irrigation works and includes water reaching
such land as rainfall;

“irrigation works” includes the construction and maintenance of

headworks, main canal, subsidiary canals, distribution channels,
drainage channels, banks, bunds, batas, water gates, culverts, sluices,
drains and other similar works;
*NOTE—All references to “West Malaysia” shall be construed as reference to “Peninsular Malaysia”
–see the Interpretation (Amendment) Act 1997 [Act A996], subsection 5(2).
6 Laws of Malaysia ACT 386

“Land Administrator” has the same meaning as defined in the

National Land Code [Act 56 of 1965];

“occupier” includes a lessee or tenant and the cultivator or

person in actual possession, management or control of any land;

“owner” means the registered proprietor of any land in the

States of *Peninsular Malaysia and the legal owner or holder by
customary tenure of any land in the States of Malacca and Penang.

Declaration of irrigation areas

3. The appropriate authority may, by notification in the Gazette,

declare any lands in a State within the area affected by any irrigation
works wholly or in part carried out or sanctioned by the Government
of that State to be an irrigation area. Such notification shall define
the boundaries of such area and may include any headworks and
main canals.

Nature of cultivation

4. The appropriate authority may, by notification in the Gazette,

declare in respect of any unalienated lands within an irrigation
area that such lands shall not be used for any industry, cultivation
or other purpose except such as may be in such notification specified.

Padi cultivation

5. (1) Notwithstanding anything to the contrary contained in section

3 of the **Rice Cultivation Ordinance of the Straits Settlements
[S.S. Cap. 145], no land within an irrigation area to which this
section applies shall be used for any purpose other than the cultivation
of padi, without the consent of such officer as may be authorized
by the appropriate authority in that behalf, hereinafter referred to
as the authorized officer.

(2) Any consent given under subsection (1) and the extent and
particulars of the land affected by such consent shall be recorded
in a register, to be called the “Tambak Register”, to be kept by
the Land Administrator, who shall issue to the owner or occupier
of such land a copy of the entry in the Tambak Register.
*NOTE— All references to "West Malaysia" shall be construed as reference to "Peninsular Malaysia"—
see the Interpretation (Amendment) Act 1997 [Act A966], subsection 5(2).
**NOTE—The Rice Cultivation Ordinance of the Straits Settlements [S.S. Cap 145] in respect of
the State of Malacca has since been repealed by the Malacca Enactment No. 3 of 1968.
 Irrigation Areas 7
(3) A consent given under subsection (1) may be varied from
time to time, and thereupon such memorial shall be made on the
Tambak Register as may be necessary to indicate the variation, or
a fresh entry may be made therein. In either case the owner or
occupier shall surrender the copy referred to in subsection (2) for
alteration or cancellation as the case may be.

(4) In the case of any land within an irrigation area which the
owner or occupier thereof has used for any purpose other than the
planting of padi, without obtaining the consent referred to in
subsection (1), the authorized officer may refuse to grant such
consent and may serve a notice on the owner or occupier directing
him to fill up any drain or remove any bund or embankment or
building or structure which prevents water from coming on to or
remaining on the land, and every such owner or occupier shall
comply with such notice within the period specified therein, not
being less than one month from the date thereof.

(5) If such owner or occupier fails to comply with such notice

he shall be guilty of an offence and shall be liable to imprisonment
for a period not exceeding six months or to a fine not exceeding
one thousand ringgit or both and the court may direct that the
whole or any part of the fine, if paid, shall be handed to the
authorized officer who shall use it for carrying out the works, if
any, specified in the notice.

(6) Any person aggrieved by any consent, refusal, order or

notice under this section may appeal to the appropriate authority
or to any Board or Committee to whom the appropriate authority
may delegate its powers in writing and the decision of the appropriate
authority, or of such Board or Committee in such appeal shall be
final.

(7) No proceedings under sections 3 and 7 of the *Rice Cultivation

Ordinance of the Straits Settlements, shall be instituted against the
owner or occupier of any land for failure to cultivate padi on any
area shown in the Tambak Register to be exempted from such
cultivation.

(8) This section applies only to such areas of land within an

irrigation area as the appropriate authority may, by notification in
the Gazette, direct.
*NOTE—The Rice Cultivation Ordinance of the Straits Settlements [S.S. Cap 145] has since been
repealed by Malacca Enactment No. 3 of 1968.
8 Laws of Malaysia ACT 386

Classification of the lands within an irrigation area

6. (1) The appropriate authority may, by notification in the Gazette,

classify the lands within an irrigation area:

Provided that no lands shall be liable to any higher classification

within a period of five years from the date of the last classification
unless they shall in the meantime be used for some industry,
cultivation, or purpose other than that for which they were used
at the time of such classification and involving the use of a greater
supply of water.

Imposition of water rate

(2) The appropriate authority may, by notification in the Gazette,

impose upon all or any land within an irrigation area, annual rates,
hereinafter called water rates. Different rates may be imposed on
different classes of land, as classified under subsection (1).

Water rate when payable

7. A water rate imposed under section 6 shall become payable

as follows—
(a) in the case of lands used for cultivation of padi—
(i) no water rate shall be payable in respect of any
lands until irrigation water has been available on
such lands or a period sufficiently long to allow
a crop or padi to be planted and gathered; and
(ii) upon the first day of January, next following the
date when such a crop has first been, or might
first have been, gathered there shall be payable to
the Land Administrator one half of the water rate
imposed upon such lands, and upon every first
day of January, thereafter shall be payable the full
amount of the water rate imposed upon such lands;

(b) in the case of lands used for any other industry, cultivation,
or purpose, the water rate imposed upon such lands shall
become payable on the first day of January, next following
 Irrigation Areas 9
the date at which a water supply has been available on
such lands sufficient for the conduct of such industry,
cultivation, or other purpose, and thereafter on the first
of January, of each succeeding year:

Provided that, where the full supply of water necessary to the

purpose to which the lands are applied has not been available or
for any other reason approved by the appropriate authority, any
officer appointed for this purpose by the appropriate authority may
reduce the amount so payable to such amount as may seem to be
just and shall notify the Land Administrator accordingly.

Collection of water rates

8. All sums due for water rates under this Act shall be collected,
so far as the same may be practicable, in the manner provided by
law for the collection of land revenue.

Management of irrigation areas

9. (1) Every irrigation area and the irrigation works therein shall
be in the charge of a Drainage and Irrigation Engineer, or such
other officer as the appropriate authority may, from time to time,
appoint.

(2) Such Engineer or officer shall report to the appropriate

authority annually, and at such other times as the appropriate
authority may require, upon the working of the area in his charge,
and shall in like manner furnish an annual balance sheet showing
the receipts on account of water rates, and the expenditure on
construction, management, supervision and maintenance of the
works in his charge.

(3) For the purposes of such balance sheet the Land Administrator
shall furnish to the Drainage and Irrigation Engineer or other
officer in charge of the irrigation area a monthly statement of the
amount of water rate collected by him.

Delegation of powers and duties

10. (1) Any Drainage and Irrigation Engineer or other officer

appointed under section 9 to have charge of an irrigation area may,
with the approval of the appropriate authority and subject to such
10 Laws of Malaysia ACT 386

limitations as the appropriate authority may think fit, by writing

under his hand, from time to time, authorize any officer to exercise
any of the powers and perform any of the duties conferred and
imposed by this Act on the Drainage and Irrigation Engineer or
other officer in charge of such area and may in like manner and
with the like approval withdraw any such authority.

(2) Everything done in pursuance of an authority granted under

this section shall have the same effect as if it were done by the
Drainage and Irrigation Engineer or other officer in charge of the
irrigation area.

Filling up obnoxious water-ways

11. The Drainage and Irrigation Engineer or other officer in

charge of an irrigation area may, if it appears to him that it will
be of benefit to the irrigation works in his charge so to do, fill up,
construct, widen or drain any canal, water-course, drain, ditch,
pond or swamp whether within or without an irrigation area:

Provided that he shall pay to the owner or occupier thereof, if

any, reasonable compensation for any damage, loss or inconvenience
arising therefrom; and if the parties fail to agree as to the amount
so payable the question shall be referred to the appropriate authority
whose decision thereon shall be final.

Removal of trees or refuse

12. (1) (a) The Drainage and Irrigation Engineer or other officer
in charge of an irrigation area may, by notice in writing, require
the owner or occupier of any lands within such area to clear the
banks or sides of any irrigation works on such lands from any trees
or plants growing thereon or to remove from any lands adjoining
any irrigation works any growth or refuse likely to damage such
works or harbour rats or other vermin.

(b) Such notice shall require the owner or occupier to take the
necessary action within a certain fixed time, which shall not be
less than fourteen days from the date of the service of the notice,
and if default is made in complying with such notice the officer
acting under this subsection may cause such action to be taken as
is required by the notice and may recover the cost of so doing from
the said owner or occupier in any court of competent jurisdiction.
 Irrigation Areas 11
(2) (a) The Drainage and Irrigation Engineer or other officer
in charge of an irrigation area may, by notice in writing, prohibit
the owner or occupier of any lands within such area from planting
any trees or plants on the banks or sides of any irrigation works
on such lands or from depositing on any lands adjoining any
irrigation works any refuse likely to damage such works or harbour
rats or other vermin.

(b) If default is made in complying with such notice the officer

acting under this subsection may cause action to be taken to clear
any trees or plants from such banks or sides or any such refuse
and may recover the cost of so doing from the said owner or
occupier in any court of competent jurisdiction.

(3) In cases in which the officer acting under this section requires
the destruction of, or destroys, valuable trees or plants he shall,
if no previous notice has been issued under this section in respect
of the land on which such trees or plants are growing, pay to the
owner or occupier reasonable compensation for the same; and if
the parties fail to agree as to the amount so payable the question
shall be referred to the appropriate authority whose decision thereon
shall be final.

Power to withhold water

13. The Drainage and Irrigation Engineer or other officer in

charge of an irrigation area may refuse to allow water to be supplied
or taken for the irrigation of lands in respect of which the water
rate is in arrears, or for the irrigation of lands which are not
properly provided with banks or batas for the retention of water,
or for the irrigation of lands the owners or occupiers of which have
been convicted of an offence under this Act; and the water rate
payable upon such lands shall be payable notwithstanding such
refusal.

Damage to irrigation works by fire

14. (1) In any case in which damage is done to any irrigation

works by fire originating on adjoining or neighbouring lands the
cost of repairing such damage may be recovered from the owner
or occupier of such lands by the officer in charge of such works
by suit in any court of competent jurisdiction.
12 Laws of Malaysia ACT 386

(2) In any such suit it shall not be necessary to prove the

negligence of the defendant nor shall it be a defence that the fire
was the result of accident.

Obstruction or damage

15. Any person who—

(a) wilfully or maliciously blocks up or obstructs or causes
to be in any way blocked up or obstructed;
(b) encroaches on or attempts to take fish by means of a fish
trap out of any irrigation tank, channel or water-course;
or
(c) breaches or cuts through the banks or sides of the same,

shall be liable to imprisonment for a period not exceeding six

months or to a fine not exceeding three hundred ringgit or both.

Waste or obstruction of water

16. (1) Any person who—

(a) wilfully causes waste of water conserved by any irrigation
works; or
(b) not being entitled to the use of such water, wrongfully
draws off or converts to his own use any such water,

shall be guilty of an offence and shall be liable to imprisonment

for a period not exceeding six months or to a fine not exceeding
three hundred ringgit or both.

(2) Where such water is found to be used on the land of a person

not entitled to the use thereof the onus of proving that he did not
draw off or convert to his own use or cause to be drawn off or
converted to his own use such water shall lie on such person.

Further penalty for wasting water

17. If the owner or occupier of any land irrigated by any irrigation

works—
(a) suffers or permits water obtained from such works or
from any water-course or channel connected therewith to
run to waste on his land; or
 Irrigation Areas 13
(b) obtains water for such land from such works,
water-course or channel in a manner not authorized by
the Drainage and Irrigation Engineer or other officer in
charge of such works,

he shall, in addition to any other punishment, penalty or liability

which he may incur or be liable to under this Act, be liable to pay
double the water rate for the time being assessed under section 6
for every year or portion of any year in which he has so suffered
or permitted such water to run to waste or has obtained it in an
unauthorized manner, and such double water rate shall be recovered
in the manner provided by section 8.

Compulsory provision of batas

18. (1) The Drainage and Irrigation Engineer or other officer in
charge of an irrigation area may, by notice in writing, require the
owner or occupier of any land within such area to provide, either
individually or jointly with other owners or occupiers, proper
banks or batas and distribution or drainage channels for the supply,
drainage, retention or exclusion of water:

Provided that no person shall be required under this section to

provide banks, batas, distribution or drainage channels which will
not benefit land whereof he is the owner or occupier.

(2) Such notice shall require the owner or occupier to take the
necessary action within a stated time, which shall not be less than
fifteen days from the date of the service of the notice.

(3) If default is made in complying with the provisions of such

notice, the Drainage and Irrigation Engineer or other officer in
charge of such area may cause such action to be taken as is
required by the notice and may thereafter certify under his hand
the cost thereof, and thereupon the amount so certified shall be
recoverable from the person by whom default was made as aforesaid
in the manner provided by law for the recovery of land revenue.

Refusal to allow passage of water

19. Any owner or occupier or other person who refuses to allow
the passage of irrigation water over his land or who obstructs such
passage shall be liable to imprisonment for a period not exceeding
three months or to a fine not exceeding one hundred and fifty
ringgit or both.
14 Laws of Malaysia ACT 386

Construction of unauthorized water-ways

20. Any person who constructs any canal, water-course, drain,

ditch or pond, or deepens or enlarges any existing canal,
water-course, drain, ditch or pond within any irrigation area without
having previously obtained the consent thereto in writing of the
Drainage and Irrigation Engineer or other officer in charge of such
area, shall be liable to imprisonment for a period not exceeding
six months or to a fine not exceeding three hundred ringgit or both.

Allowing animals to stray

21. Any person who leads any animal or allows any animal to
stray upon the banks or sides of any irrigation works shall be
guilty of an offence and shall be liable to imprisonment for a
period not exceeding three months or to a fine not exceeding one
hundred and fifty ringgit or both.

Unauthorized use of vehicles and boats

22. Any person who drives, draws or pushes or causes to be

driven, drawn or pushed any vehicle along the banks or sides of
or uses or causes to be used any boat, vessel, raft or float or causes
to be floated any wood or other material on any irrigation canal
or water-course without having previously obtained the consent
thereto in writing of the Drainage and Irrigation Engineer or other
officer in charge of such works shall be liable to imprisonment for
a term not exceeding three months or to a fine not exceeding fifty
ringgit or both.

Pollution of water

23. Any person who bathes or washes articles in or otherwise

pollutes or causes to be polluted any irrigation tank, channel or
water-course shall be liable to imprisonment for a term not exceeding
three months or to a fine not exceeding one hundred and fifty
ringgit or both:

Provided that the appropriate authority may, by order notified

in the Gazette, declare that this section shall not apply in any
irrigation area specified in such order.
 Irrigation Areas 15
Tampering with irrigation works

24. (1) Any person who without authority from the Drainage and
Irrigation Engineer or other officer in charge of an irrigation area,
opens or closes or otherwise tampers with any sluices, water gates,
regulators, pipes, bench marks, water gauges or other works forming
part of any of the irrigation works within such area shall be liable
to imprisonment for a term not exceeding six months or to a fine
not exceeding three hundred ringgit or both.

(2) Where by reason of any irrigation works having been so

tampered with the land of any person is benefited the onus of
proving that he did not so tamper therewith or cause them to be
so tampered with shall lie on such person.

Power to arrest

25. Any penghulu or penggawa, any police officer, or any officer

of the Drainage and Irrigation Department not below the rank of
Inspector may arrest without warrant any person found committing
an offence under section 15, 16, 19, 20, 21, 22, 23 or 24, and shall
forthwith bring such person before the Drainage and Irrigation
Engineer or other officer in charge of the irrigation area who may
compound the offence under section 26 or may order the person
arrested to be produced at once before a Magistrate.

Power to compound offences

26. (1) The appropriate authority may, by notification in the Gazette,

empower any Drainage and Irrigation Engineer by name to accept
from any person against whom a reasonable suspicion exists that
he has committed any offence under this Act a sum of money not
exceeding seventy-five ringgit by way of composition for the offence
which such person is suspected to have committed and all sums
so received by a Drainage and Irrigation Engineer shall be credited
to the general revenue of Malaysia.

(2) On payment of such sum of money no further proceedings

shall be taken against such person in relation to the offence for
which such composition has been accepted.
16 Laws of Malaysia ACT 386

Power to make rules

27. The appropriate authority may, from time to time, by notification

in the Gazette, make rules for the encouragement and extension
of cultivation and for the enforcement of ancient customs within
irrigation areas and for any other purposes consistent with this
Act.

Service of notices

28. Any notice issued under this Act may be served in the manner
prescribed for the service of notices under the National Land
Code.

Prosecution of offences

29. The Drainage and Irrigation Engineer or other officer of the

Drainage and Irrigation Department, not below the rank of Inspector,
authorized in writing by the Drainage and Irrigation Engineer may
conduct any prosecution in respect of an offence against this Act
relating to such irrigation area.

Repeal

30. The Enactments and Ordinance specified in the Schedule to

this Act are hereby repealed:

Provided that—
(a) any officer appointed to be in charge of any irrigation
area under or by virtue of any of the written laws hereby
repealed shall be deemed to have been appointed under
this Act; and
(b) any declaration, consent, classification, authorization, notice
or rule made, given or granted or any water rate imposed
under any of the written laws hereby repealed shall, in
so far as the same is not inconsistent with this Act,
continue in force and have effect as if it had been made,
given, granted or imposed under this Act.
 Irrigation Areas 17
SCHEDULE

No. Title

F.M.S. Cap. 145 Irrigation Areas Enactment

Johore Enactment No. 6 of 1941 Irrigation Areas Enactment

Kelantan Enactment No. 17 of 1935 Irrigation Areas Enactment 1935

Kedah Enactment No. 4 of 1370 Irrigation Areas Enactment 1370

(1950) (1950)

S.S. Cap. 143 Irrigation Areas Ordinance

18 Laws of Malaysia ACT 386

LAWS OF MALAYSIA

Act 386

IRRIGATION AREAS ACT 1953

LIST OF AMENDMENTS

Amending law Short title In force from

Ord. 44/1956 The Irrigation Areas (Amendment) 01-01-1957

Ordinance 1956

Ord. 60/1956 The Settlements Nominated Council 01-09-1956

(Change Of Title) Ordinance 1956

L.N. 332/1958 Federal Constitution (Modification of 13-11-1958

Laws) (Ordinances and Proclamations)
Order 1958

Act 160 Malaysian Currency (Ringgit) Act 29-08-1975

1975

Act A587 National Land Code (Amendment) 25-03-1985

Act 1984
 Irrigation Areas 19
LAWS OF MALAYSIA

Act 386

IRRIGATION AREAS ACT 1953

LIST OF SECTIONS AMENDED

Section Amending authority In force from

2 Ord. 60/1956 01-09-1956

Act A587 25-03-1985

5 Act A587 25-03-1985

7 Ord. 44/1956 01-01-1957

28 Act A587 25-03-1985

Throughout Act 160 29-08-1975

the Act

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PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA