REGULATORY AUTHORITY OF IRRIGATION, DRAINAGE AND FLOOD PROTECTION
e. order reasonable compensation to be paid to any third party which has sustained loss consequential on the breach of duty; and
f. order remedial action without cost to the third party sustaining loss.
4) Where, the said SIDA, AWB or FO has complied with the final enforcement notice to the satisfaction of the Regulatory Authority, it shall vacate the notice.
5) Where the SIDA, an AWB or a FO are in dispute in respect of division of revenues and no mutually acceptable resolution is forthcoming, the Regulatory Authority may arbitrate between them if invited to do so by one or both of the parties.
6) As soon as is practicable the Regulatory Authority shall establish arbitration proceedings in accordance with the provisions of the Arbitration Act, 1940.
81. Powers to enforce compliance –
1) Where, in the case of the SIDA, any AWB or any FO holding an appointment under this Ordinance, the Regulatory Authority has reason to believe that that SIDA, AWB or FO is contravening any condition of that appointment, it may serve either a provisional or a final enforcement notice on that SIDA, AWB or FO to secure compliance with the said condition.
2) Where a provisional enforcement notice has been served on that SIDA, AWB or FO and that SIDA, AWB or FO has failed to comply with the provisional enforcement notice by the deadline contained in the provisional enforcement notice, the Regulatory Authority shall serve a final notice, confirming the provisional notice with or without modifications.
3) Where the SIDA, AWB or FO fails to comply with the final enforcement notice the Regulatory Authority may –
a. quash the proceedings;
b. suspend the execution of any resolution passed or order made by SIDA, AWB or FO;
c. prohibit the doing of any thing proposed to be done;
d. require the SIDA, AWB or FO to take such action as may be specified;
e. pay reasonable compensation to be paid to any third party which has sustained loss consequential on the breach of duty by the SIDA, AWB or FO; and
f. take remedial action without cost to the third sustaining loss.
4) Where the SIDA, AWB or FO has complied with the notice the Regulatory Authority shall vacate the notice.
82. Appeals –
An appeal against an order of the SIDA, an AWB or a FO shall lie to the Regulatory Authority within such period and in such manner as may be prescribed by regulations framed by the Regulatory Authority.
83. Tribunals –
1) The Regulatory Authority, from amongst its professional staff, may establish Tribunals for resolving contractual disputes between the authorities and institutions managing the irrigation and drainage network as listed in this Chapter or such other matters as the Regulatory Authority may assign.
2) The Regulatory Authority shall frame regulations for the operation of such Tribunals.
