The Andhra Pradesh Farmers’ Management of Irrigation Systems Act, 1997.

THE ANDHRA PRADESH FARMERS' MANAGEMENT OF IRRIGATION
SYSTEMS ACT, 1997
ACT No. 11 OF 1997
ARRANGEMENT OF SECTIONS
SECTIONS
CHAPTER - I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
CHAPTER -II
FARMERS' ORGANISATION
3. Delineation of water users' area and constitution of an
association
4. Election of President, Vice-President and Members of the
Managing Committee of Water Users Association
5. Delineation of Distributory area and constitution of the
Distributory Committee
6. Election of President, Vice-President and constitution of
Managing Committee
7. Delineation of project area and constitution of Project Committee
8. Election of Chairman, Vice-Chairman and constitution of the
Managing Committee
9. Apex Committee
10. Procedure for recall
11. Constitution of sub-committees in farmers' organisation
12. Farmers' Organisation to be a Body Corporate
13. Changes in Farmers' Organisation
14. Disqualifications of candidates or Members
15. Filling up of Vacancies
CHAPTER - III
OBJECTS AND FUNCTIONS OF THE FARMERS' ORGANISATIONS
16. Objects
17. Functions of Water Users' Association
18. Functions of  Distributory Committee
19. Functions of  Project Committee
20. Power to levy and collect fee
21. Appointment of Competent authorities and their functions
CHAPTER - IV
RESOURCES
22. Resources of Farmers' Organisation
CHAPTER - V
OFFENCES AND PENALTIES
23. Offences and Penalties
24. Punishment under other laws not barred
25. Composition of offences
CHAPTER - VI
SETTLEMENT OF DISPUTES
26. Settlement of disputes
27. Appeals
CHAPTER - VII
MISCELLANEOUS
28. Records
29. Audit
30. Recovery of dues
31. Meetings
32. Resignation
33. Appointment of a Commissioner
34. Transitional arrangements
35. Authentication of orders and documents of the Farmers'
Organisation
36. Acts not to be invalidated by informality or vacancy etc
37. Deposit and administration of the funds
38. [XXXX]
39. Budget
40. Protection of acts done in good faith
41. Power to remove difficulties
41-A. Power to give direction, etc.
41-B.Revision by the Government or the Commissioner
42. Savings
43. Power to make rules
THE ANDHRA PRADESH FARMERS’ MANAGEMENT OF
IRRIGATION SYSTEMS ACT, 1997
ACT No.11 OF 1997
[9th April, 1997]
AN ACT TO PROVIDE FOR FARMERS’ PARTICIPATION IN THE
MANGEMENT OF IRRIGNATION SYSTEMS AND FOR MATTERS
CONNECTED THEREWITH OR INCIDENTAL THERETO.
Whereas the State of Andhra Pradesh is essentially an agricultural State
depending on an efficient and equitable supply and distribution of water which
is a National Wealth, ensuring optimum utilisation by farmers for improvement
of agricultural production is the immediate need;
And whereas, scientific and systematic development and maintenance of
irrigation infrastructure is considered best possible through farmers’
oraganisations;
And whereas, such farmers organisations have to be given an effective
role in the management and maintenance of the irrigation system for effective
and reliable supply and distribution of water.
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh
in the Forty-eighth Year of the Republic of India as follows:-
CHAPTER - I
PRELIMINARY
1. Short title, extent and commencement - (1) This Act may be called the
Andhra Pradesh Farmers’ Management of Irrigation Systems Act, 1997.
 (2) It extends to the whole of the State of Andhra Pradesh.
          (3) It shall come into force on such date as the Government may, by
notification in the Andhra Pradesh Gazette, appoint and they may appoint
different dates for different areas and for different provisions.
2. Definitions - (1) In this Act, unless the context otherwise requires,-
(a) “area of operation”in relation to farmers organisation means a
contiguous block of land in the command area of an irrigation system
as may be notified for the purposes of this Act;
(b) “ayacut road”means a road within the area of operation of a
farmers’ organisation for the purpose of irrigation and agriculture but
does not include a road vested in a Gram Panchayat,1[Mandal
Parishad, Zilla Parishad,] Municipality, Municipal Corporation or Roads
and Buildings Department of the Government;
2[(bb)“Chief Engineer” means the Chief Engineer of3[Water Resources]
Department, who is incharge of concerned Farmers Organisations;
(bbb) “Commissioner” means an officer appointed by the Government
as Commissioner under section 33;]
(c) “command area”means an area irrigated or capable of being
irrigated either by gravitational flow or by lift irrigation or by any other
method from a government or the corporation source and includes every
such area whether it is called ‘ayacut’ or by any other name under any
law for the time being in force;
1. T h r o u g h o u t t h e A c t R e f e r e n c e t o t h e w o r d s “ M a n d a l P a r i s h a d ” a n d “ Z i l l a P a r i s h a d ” s h a l l
respectively be construed as “Mandal Praja Parishad” and “Zilla Praja Parishad” by the Act
No.41 of 2006, S.3.2. Inserted by the Act No. 7 of 2003, S.2.3. Substituted by the Act No.4 of 2018, S.2.
1[(d) “Competent authority (Agriculture)” means an officer of the
Agriculture Department appointed as such under section 21;
(dd) “Competent authority (Engineering)” means an officer of an
Engineering Department appointed as such under section 21;]
(e) “corporation”means the Andhra Pradesh Water Resources
Development Corporation constituted under the Andhra Pradesh Water
Resources Development Corporation Act,1997 (Act 12 of 1997)
(f)“distributory system”means and includes,-
(i)  all main canals, branch canals, distributories and minor canals
constructed for the supply and distribution of water for irrigation;
(ii) all works, structures and appliances connected with the
distribution of water for irrigation; and
(iii) all field channels and other related channels and structures
under a pipe outlet;
(g)“District Collector”means the collector of the district in which the
irrigation system is situate and includes any officer specially notified by
the Government to perform all or any of the functions of the District
Collector under this Act;
(h)“drainage system”in relation to an irrigation system includes,-
(i) channels either natural or artificial, for the discharge of waste or
surplus water and all works connected therewith or ancillary
thereto;
(ii) escape channels from an irrigation or distribution system and
other works connected therewith, but does not include works for
removal of sewage;
(iii) all collecting drains and main drains to drain off surplus water
from field drains; and
(iv) all field drains and related structures under pipe outlets;
(i) “farmers’ organisation”wherever it occurs, shall mean and include,-
(i) water users association at the primary level consisting of all the
water users, as constituted under section 3;
(ii) distributory committee at the secondary level, as constituted
under section 5; and
(iii) project committee at the project level, as constituted under
section 7;
(j) “field channel”includes a channel existing or to be constructed by
the Government or by the land holders or by any agency to receive and
distribute water from a pipe outlet;
(k) “field drain”includes a channel excavated and maintained by the
land holder or by any other agency, to discharge waste or surplus water
from the land holding under a pipe outlet; and includes drains, escape
channels and other similar works existing or to be constructed;
(l) “financial year”means a year commencing from the 1st April of the
relevant year to the 31st March of the ensuing year;
(m)“financing agency”means any commercial bank, or any co-operative
society or any other bank or organisation established or incorporated
1. For clause (d) clauses (d) and (dd) substituted by Act No.7 of 2003, S.2.
under any law, for the time being in force, which lends money for the
development of the area of operation of the farmers’ organisation;
 (n)“Government”means the State Government of Andhra Pradesh;
(o) “hydraulic basis”means the basis for identifying a viable irrigated
area served by one or more hydraulic structures such as headworks,
distributories, minors, pipe outlets and the like;
(p)“irrigation system”means such major, medium and minor irrigation
system for harnessing water for irrigation and other allied uses from
Government or Corporation source and includes reservoirs, open head
channels, diversion systems, anicuts, lift irrigation schemes, tanks,
wells and the like;
Explanation:(1) ‘Major Irrigation system’ means irrigation system
under Major Irrigation Project having irrigable command area of more
than 10,000 hectares1[Such system may have three tiered Farmers
Organisation, namely;-
(i) Water Users Association at primary level;
(ii) Distributory Committee at Secondary level; and
(iii) Project Committee at Project level;]
(2) ‘Medium Irrigation system’ means irrigation system under Medium
Irrigation Project having irrigable command area of more than 2000
hectares and upto 10,000 hectares2[Such system may have two tiered
Farmers Organisation, namely:-
(i) Water Users Association at primary level; and
(ii) Project Committee at Project level.]
(3) ‘Minor Irrigation system’ means irrigation system under minor
irrigation project having irrigable command area upto 2,000 hectares3[Such system may have single tiered Farmers Organisation, namely:-
  Water Users Association;]
(q) “land holder”means an owner and or a tenant recorded as such in
the record of rights under the Andhra Pradesh Record of Rights in Land
Act, 1971 (Act 26 of 1971) in respect of land in the notified ayacut area
of an irrigation system;
(r) “maintenance”means execution of such works on the irrigation
system as are necessary to ensure that the physical system designed to
the standards operates for proper distribution of water to the land
holders in the area of operation;
(s) “notification”means a notification published in the Andhra Pradesh
Gazette, and the expression ‘notified’ shall be construed accordingly;
(t) “operational plan”means a schedule of irrigation deliveries with
details of the mode and duration of supplies drawn up for regulation of
irrigation in the command area of an irrigation system;
(u) “prescribed”means prescribed by the Government by rules made
under this Act;
4[(uu) “Superintending Engineer” means the Superintending Engineer of5[Water Resources] Department incharge of concerned Farmers’
Organisations;]
1. Added by the Act No.7 of 2003, S.2.2. Added by the Act No.7 of 2003, S.2.3. Added by the Act No.7 of 2003, S.2.4.Inserted by the Act No.7 of 2003, S.2.5. Substituted by the Act No.4 of 2018, S.2.
(v) “warabandi”means a system of distribution of water allocation to
water users by turn according to an approved schedule indicating the
day, duration and the time of supply;
(w) “water allocation”in relation to an irrigation system means
distribution of water determined from time to time by a farmers'
organisation in its area of operation;
(x) “water user”means and includes any individual or body corporate or
a society using water for agriculture, domestic, power, non-domestic,
commercial, industrial or any other purpose from a government or the
corporation source of irrigation.
(2) The words and expressions used in this Act, but not defined, shall
have the same meaning assigned to them in the Andhra Pradesh Irrigation
Utilisation and Command Area Development Act, 1984 (Act 15 of 1984).
CHAPTER - II
FARMERS’ ORGANISATION
3. Delineation of water users’ area and constitution of an association –
(1) The District Collector may, by notification and in accordance with the
rules made under this Act, in this behalf, delineate every command area under
each of the irrigation systems on a hydraulic basis which may be
administratively viable; and declare it to be a water users’ area for the purpose
of this Act:
Provided that in respect of the command area under the minor and lift
irrigation systems, the entire command area may, as far as possible, form a
single water users’ area.
(2) 1[Every water users Area shall be divided into Territorial
Constituencies which shall be2[a minimum of six and a maximum of twelve
depending on the extent of command area and Administrative feasibility.]]
(3) There shall be a water users’ association called by its local distinct
name for every water users' area delineated under sub-section (1).
(4) Every water users’ association shall consist of the following members,
namely:-
(i)  all the water users who are land holders in a water users area:
       Provided that where both the owner and the tenant are land
holders in respect of the same land, the tenant;
3[Provided further that any person who is in lawful possession
and enjoyment of the land under a water source, on proof of such
possession and such enjoyment in a crop year, may claim
membership notwithstanding whether he is a recorded land holder
or not, in which case the Water Users Association shall not refuse
the membership of such person for the purposes of this Act, and
such person shall be liable to pay the water charges and the fees as
may be prescribed as if he is a land holder under a water source.]
(ii)  all other water users co-opted in a water users’ area;
(iii) members specified in clause (i) and (ii) shall constitute the
general body for a water users association;
1. Substituted by the Act No.7 of 2003, S.3.2. Substituted by the Act No.4 of 2018, S.3.3. Added by the Act No.1 of 1999, S.2.
(iv) a person eligible to become a member of more than one
territorial constituency of a water users association under clause (i)
shall be entitled to be a member of only one territorial constituency
and he shall exercise his option thereof as prescribed;
(v) members specified in clause (1) shall alone have the right to vote.
4. 1[Election of President, Vice-President and Members of the Managing
Committee of Water Users Association -(1) There shall be a Managing
Committee for each Water Users’ Association comprising members of the
Territorial Constituencies as specified in sub-section (2) of section 32[selected]
by the Water Users as specified in clause (i) of sub-section (4) of section 3 of the
Act from their respective Territorial Constituencies:
3[Provided that two members nominated by the Gram Panchayat of whom
one shall be a woman, shall be the members of the Managing Committees of
Minor Irrigation Water Users’ Associations, without voting rights, in the
manner prescribed.]
(2)4[XXXX]
(3) The term of office of the members of the Territorial Constituencies shall, if
not recalled or removed or disqualified under the provisions of the Act, shall be5[five] years from the date of first meeting of the Managing Committee
appointed by the Commissioner:5[XXXX]
(4) 6[If any vacancy arises in a territorial constituencies for any valid reasons
for such vacancy shall be filled up as per sub-section (1) and the member shall
hold the office only so long as the member in whose place he is selected would
have been entitled to hold office if the vacancy had not occurred.]
(5) 7[The District Collector shall cause arrangements, for the selection of a
managing committee consisting of one member from each of the territorial
constituencies of water users area by a simplified procedure of selecting the
representative by consensus and where there is no consensus, it shall be by
simplified procedure like show of hands or distribution slips in the manner
prescribed:
Provided that where the selection of the member could not succeed in
any of the constituency, the Water User Association member of that
constituency identified by the District Collector or any of the officer notified by
the District Collector shall exercise the powers and perform the functions of the
managing committee member of that territorial constituency]
(6) The District Collector shall also cause arrangements for the election of a
President and a Vice-President of the managing committee from among the
members of the managing committee of the water users association in the
manner prescribed:
8[Provided that where the election of the President or Vice President could
could not succeed, the Government may by notification, appoint any of the
Managing Committee Member of the Water Users Association or any of the
1. Substituted along with the marginal heading by the Act No.7 of 2003, S.4.2. Substituted by the Act No.4 of 2018, S.4.3. Added by the Act No. 39 of 2005, S.2.4.Omitted by the Act No.4 of 2018, S.4.5. The word ‘five’ substituted and the proviso omitted by the Act No.4 of 2018, S.4.6. Substituted by the Act No.4 of 2018, S.4.7. Substituted by the Act No.4 of 2018, S.4.8. Substituted by the Act No.4 of 2018, S.4.
officer, to exercise the powers and perform the functions of the President or
Vice President, as the case may be.]
(7) If at an election held under sub-sections (5) and (6), the President or the
Vice-President or the members of the Territorial Constituencies of water users
association are not elected, fresh elections shall be held in the manner
prescribed.
(8) The President and the Vice-President of the Managing Committee of the
water users association shall, if not recalled or removed or disqualified by the
provisions of the Act, be in office for a period of1[five] years from the date of
election or his tenure as member of Territorial Constituency, whichever is
earlier.
(9) The term of office of the President, the Vice-President and the members of
Managing Committee of all the water users associations formed, subsequent2[processes], shall also expire at the time at which it would have expired, if he
had been elected at the ordinary election, be reckoned from the date as
appointed by the Commissioner, as specified in sub-section (3).
(10) The Managing Committee shall exercise the powers and perform the
functions of the water users association.]
5. Delineation of Distributory area and constitution of the Distributory
Committee-(1) The Government may, by notification and in accordance with
the rules made in this behalf, delineate every command area of the irrigation
system,3[comprising of five or more] water users associations, and declare it to
to be a distributory area for the purpose of this Act.
(2) There shall be a distributory committee called by its local distinct
name for every distributory area declared as such under sub-section (1).
(3) All the Presidents of the water users associations in the distributory
area, so long as they hold such office, shall constitute the general body of the
committee.
6. Election of President,4[Vice-President] and Constitution of Managing
Committee – 5[(1) There shall be a managing committee for every
Distributory Committee consisting of all the members of the General Body.]
6[Provided that all Presidents of the Mandal Parishads within the
distributory area nominated by the District Collector shall be the members of
the Managing Committee of the Distributory Committee without voting rights,
in the manner prescribed.]
7[(2) The District Collector shall cause arrangements for the election of
the President and Vice-President from among the members of the Managing
Committee of the Distributory Committee, in the manner prescribed:
8[Provided that where the election of the President or Vice President could
could not succeed, the Government may, by notification, appoint any of the
managing committee member of the distributory committee or any of the
officer, to exercise the powers and perform the functions of the President or
Vice President, as the case may be.]]
1.Substituted by the Act No.4 of 2018, S.4.2. Substituted by the Act No.4 of 2018, S.4.3. Substituted by the Act No. 7 of 2003, S.5.4. Inserted by the Act No.7 of 2003, S.6.5. Substituted by the Act No. 7 of 2003, S.6.6. Added by the Act No. 39 of 2005, S.3.7. Substituted by the Act No. 7 of 2003, S.6.8. Substituted by the Act No.4 of 2018, S.5.
(3)1[XXXX]2[(4) The term of office of the President, the Vice-President and the
members of the Managing Committee of the Distributory Committee shall, if
not recalled or removed or disqualified under the provisions of the Act earlier,
be coterminus with the term of the general body specified in sub-section (3) of
section 5.]
(5) The managing committee shall exercise the powers and perform the
functions of the distributory committee.
7. Delineation of Project area and constitution of Project Committee –
(1) The Government may by notification and in accordance with the rules
made under this Act, in this behalf, delineate every command area or part
thereof, of an irrigation system and declare it to be a project area for the
purposes of this Act.
(2) There shall be a project committee called by its distinct name for
every project area declared under sub-section (1).
3[(3) In Major Irrigation Systems, all the Presidents of the Distributory
Committees in the Project Area, so long as they hold such office, shall
constitute the general body of the Project Committee:
Provided that such Project Committee shall have a minimum strength of
five members.
(4) In the Medium Irrigation Systems, all the Presidents of the Water Users‟
Association in the project area, so long as they hold such office, shall
constitute the general body of the Project Committee:
Provided that such Project Committee shall have a minimum strength of
five members.]
8. Election of Chairman, [Vice-Chairman] and constitution of the
Managing Committee –4[(1) There shall be a Managing Committee for every
Project Committee consisting of all the members of the general body:]
5[Provided that all Members of the Legislative Assembly,6[Members of the
the Legislative Council], all the Members of the Parliament and Chairpersons of
Zilla Parishads within the Major Project area nominated by the Government
shall be the members of the Managing Committee of the Major Project
Committee without voting rights, in the manner prescribed:
Provided further that all Members of the Legislative Assembly,4[Members
of the Legislative Council], all Members of the Parliament and Presidents of
Mandal Parishads within the Medium Project area nominated by the District
Collector shall be the members of the Managing Committee of the Medium
Project Committee without voting rights, in the manner prescribed.]
7[(2) The District Collector shall cause arrangements, for the election of
the Chairman and the Vice-Chairman from among the members of the
Managing Committee of the Project Committee, in the manner prescribed:
8[Provided that where the election of the Chairman or Vice-Chairman
could not succeed, the Government may, by notification, appoint any of the
1. Omitted by the Act No.4 of 2018, S.5.2. Substituted by the Act No. 7 of 2003, S.6.3. Substituted by the Act No.7 of 2003, S.7.4. Substituted by the Act No.7 of 2003, S.8.5. Added by the Act No. 39 of 2005, S.4.6. Inserted by the Act N. 41 of 2008, S.2.7. Substituted by the Act No.7 of 2003, S.8.8. Substituted by the Act No.4 of 2018, S.6.
managing committee member of the project committee or any of the officer, to
exercise the powers and perform the functions of the Chairman or Vice-
Chairman, as the case may be.]]
(3)1[XXXX]
2[(4) The term of the office of the Chairman, Vice-Chairman and the
members of the Managing Committee of Project Committee shall if not recalled
or removed or disqualified under the provisions of the Act earlier, be
coterminus with the term of general body specified in sub-section (3) and sub-
section (4) of section 7.]
(5) The managing committee shall exercise the powers and perform the
functions of the project committee.
9. Apex Committee -(1) The Government may, by notification, constitute an
Apex Committee with such number of members as may be considered
necessary.
(2) The Committee, constituted under sub-section (1), may exercise such
powers and functions as may be necessary to,-
(a) laydown the policies for implementation of the provisions of this Act;
and
(b) give such directions to any farmers’ organisation, as may be
considered necessary, in exercising their powers and performing their
functions in accordance with the provisions of this Act.
10. Procedure for recall -(1) A motion for recall of3[a Chairman or Vice-
Chairman or President or Vice-President] or member of a managing committee,
as the case may be, of a farmers’ organisation may be made by giving a written
notice2[as may be prescribed to the competent authority (Engineering) of the
respective Farmers Organisation], signed by not less than one-third of the total
number of members of the farmers’ organisation, who are entitled to vote:
Provided that no notice of motion under this section shall be made within
one year of the date of assumption of office by the person against whom the
motion is sought to be moved.
(2) If the motion is carried with the support of majority of the members
present and voting at a meeting of the general body specially convened for the
purpose,4[the competent authority (Engineering)] shall by order remove him
from office and the resulting vacancy shall be filled in the same manner as a
casual vacancy.
11. Constitution of sub-committees in farmers’ organisation –The
managing Committee of a farmers’ organisation5[shall] constitute sub-
committees to carry out all or any of the functions vested in each organisation
under this Act.
12. Famers’ Organisation to be a Body Corporate –Every farmers’
organisation shall be a body corporate with a distinct name having perpetual
succession and a common seal and subject to the provisions of this Act vested
with the capacity of entering into contracts 6[with prior approval of
Commissioner, Commend Area Development Authority] and of doing all things
necessary, proper or expedient for the purposes for which it is constituted and
it shall sue or be sued in its corporate name represented by the chairman or
the president, as the case may be:
1. Omitted by the Act No.4 of 2018, S.6.2. Substituted by the Act No.7 of 2003, S.8.3. Substituted by the Act No.7 of 2003, S.9.4. Substituted by the Act No.7 of 2003, S.9.5. Substituted by the Act No.7 of 2003, S.10.6. Inserted by the Act No.4 of 2018, S.7.
Provided that no farmers’ organisation shall have the power to alienate in
any manner, any property1[entrusted to it by the Government for the
Operation and maintenance].
13. Changes in Farmers’ Organisation –2[The Government or the District
Collector] may in the interest of a farmers’ organisation in the command area
by notification and in accordance with the rules made in this behalf,-
(a) form a new farmers’ organisation by separating the area from any
farmers’ organisation;
(b) increase the area of any farmers’ organisation;
(c) diminish the area of any farmers’ organisation;
(d) alter the boundaries of any farmers’ organisation; or
(e) cancel a notification issued under this Act for rectifying any mistake:
Provided that no such separation, increase, diminution, alteration and
cancellation shall be effected unless a reasonable opportunity is given to the
organisation likely to be effected.
14.Disqualifications of candidates or Members -(1) No village servant and
no officer or servant of the Government of India or any State Government or of
a local authority or an employee of any institution receiving aid from the funds
of the Government shall be qualified for being chosen as or for being3[a
Chairman or Vice- Chairman or President or Vice-President] or a member of a
managing committee.
4[Explanation:-For the purpose of this section the expression ‘village servant’
means any person who holds any of the village offices of neeruganti, neeradi,
vetti, kawalkar, toti, talayari, tandalagar, sathsindhi or any such village office
by whatever designation it may be locally known.]
[(1A) No Member of Legislative Assembly or Member of Parliament or
office bearer of any body constituted under a law made by the Legislative
Assembly of the State or of Parliament shall be qualified for being chosen as or
for being a Chairman or Vice-Chairman or President or Vice President or
member of the Managing Committee.]
(2) No person who has been convicted by a criminal court for any offence
involving moral turpitude committed under any law for the time being in force
shall be qualified for being chosen in or for being1[a Chairman or Vice-
Chairman or President or Vice-President]or a member of a managing
committee.
(3) A person shall be disqualified for being chosen as5[XXXX] or a
member of6[any of] the managing committee if on the date fixed for scrutiny of
nominations for election, or on the date of nomination he7[formation] is,-
(a) of unsound mind and stands so declared by a competent court;
(b) an applicant to be adjudicated as an insolvent or an undischarged
insolvent; or
(c) a defaulter of land revenue or water tax or charges payable either
to the Government or to the farmers’ organisation;
1. Substituted by the Act No.4 of 2018, S.7.2. Substituted by the Act No.7 of 2003, S.11.3.  Substituted by the Act No.7 of 2003, S.12.4. Substituted by the Act No.4 of 2018, S.8.5.  Omitted by the Act No.4 of 2018, S.8.6. Inserted by the Act No.4 of 2018, S.8.7. Substituted by the Act No.4 of 2018, S.8.
(d) Interested in a subsisting contract made with, or any work being
done for, the Gram Panchayat, Mandal Parishad, Zilla Parishad or any
State or Central Government or the farmers’ organisation:
Provided that a person shall not be deemed to have any interest in such
contract or work by reason only of his having share or interest in-
(i) a company as a mere share-holder but not as a director;
(ii) any lease, sale or purchase of immovable property or any
agreement for the same; or
(iii) any agreement for the loan of money or any security for the
payment of money only; or
(iv) any newspaper in which any advertisement relating to the affairs
of the Farmers’ Organisation is inserted.
Explanation:-For the removal of doubts it is hereby declared that where a
contract is fully performed it shall not be deemed to be subsisting merely on
the ground that the Gram Panchayat, Mandal Parishad, Zilla Parishad, the
Farmers’ Organisation, the State or Central Government has not performed its
part of the contractual obligations.
(4) 1[a Chairman or Vice- Chairman or President or Vice-President] or a
member of a managing committee shall also become disqualified to continue in
office if he,-
(a) is convicted in a criminal case involving moral turpitude; or
(b) absents for three consecutive meetings without reasonable cause:
Provided that such disqualification under item (b) shall not apply in the
case of women who are in an advanced stage of pregnancy and for a period of
three months after delivery.
1[XXXXX]2[(c) A person shall be disqualified for being chosen as or for being a
Chairman or Vice-Chairman or President or Vice-President or Member of
Managing Committee, if he is disqualified by or under any law for the time
being in force for the purpose of elections to the Legislative Assembly of the
State:
Provided that no person shall be disqualified on the ground that he is
less than twenty five years of age, if he has attained the age of eighteen years.
(d) A person shall be disqualified for a period of six years from the date of
removal for being chosen as a Chairman or Vice-Chairman or President or
Vice-President or Member of the Managing Committee, if he is removed from
any post in the farmers’ organization, by the Government or Commissioner or
any designated officer as prescribed.]
3[(4-A) A member of the Water Users Association shall cease to be a
Member or4[a Chairman or Vice- Chairman or President or Vice-President] or a
a Member of a Managing Committee5[XXXX] if he ceases to be a land holder.]
(5) A person having more than two children shall be disqualified for6[selection] or for continuing as2[a Chairman or Vice- Chairman or President or
or Vice-President] or a member of the managing committee.
1. Omitted by the Act No. 7 of 2003, S.12.2. Added by the Act No. 7 of 2003, S.12.3. Inserted by the Act No. 1 of 1999, S.5.4. Substituted by the Act No.7 of 2003, S.12.5. Omitted by the Act No. 7 of 2003, S.12.6. Substituted by the Act No.4 of 2018, S.8.
Provided that the birth within one year from the date of commencement
of this Act, hereinafter in this section referred to as the date of such
commencement, of an additional child shall not be taken into consideration for
the purposes of this section:
Provided further that a person having more than two children (excluding
the child if any born within one year from the date of such commencement)
shall not be disqualified under this section for so long as the number of
children he had on the date of such commencement does not increase.
1[(6) Any member who is disqualified under this section shall also be
disqualified to hold any office in all the tiers of farmers’ organization.]
2[15.Filling up of Vacancies - (1) A vacancy arising in a farmers’ organization
either due to disqualification under section 14 or death or resignation or by
any reason shall be filled in the manner prescribed.
(2) The term of office of a member or President or Vice President or
Chairman or Vice-Chairman of the farmers’ organization, so filled up under
sub-section (1), shall3[be coterminous with the meaning of General Body].
(3) The Commissioner may issue notification for filling up the casual
vacancies in all the farmers’ organizations every six months, in the manner
prescribed:
Provided that no casual vacancy arising within the last six months period
of the tenure of the post in farmers’ organizations, shall be filled4[up].]
CHAPTER - III
OBJECTS AND FUNCTIONS OF THE FARMERS’ ORGANISATIONS
16. Objects -The objects of the farmers’ organisation shall be to promote and
secure distribution of water among its users, adequate maintenance of the
irrigation system, efficient and economical utilisation of water5[to encourage
modernization of agriculture] to optimise agricultural production, to protect the
environment, and to ensure ecological balance by involving the farmers,
inculcating a sense of ownership of the irrigation system in accordance with
the water budget and the operational plan.
17.Functions of Water Users Association -The water users’ association shall
perform the following functions, namely:-
(a) to prepare and implement a warabandi schedule for each irrigation
season, consistent with the operational plan, based upon the
entitlement, area, soil and cropping pattern as approved by the
distributory committee, or as the case may be, the project committee;
(b) to prepare a plan for the maintenance of irrigation system in the
area of its operation at the end of each crop season and carry out the
maintenance works of both distributory system and minor and field
drains in its area of operation with the funds of the association from
time to time 6[subject to such terms and conditions as may be
prescribed];
(c) to regulate the use of water among the various pipe outlets under
its area of operation according to the warabandi schedule of the system;
(d) to promote economy in the use of water allocated;
1. Added by the Act No. 7 of 2003, S.12.2. Substituted by the Act No. 7 of 2003, S.13.3. Substituted by the Act No.4 of 2018, S.9.4. Substituted by the Act No.4 of 2018, S.9.5.  Inserted by the Act No. 7 of 2003, S.14.6. Added by the Act No. 39 of 2005, S.5.
(e) to assist the revenue department in the preparation of demand and
collection of water rates;
(f) to maintain a register of landholders as published by the revenue
department;
(g) to prepare and maintain a register of co-opted members;
(h) to prepare and maintain an inventory of the irrigation system
within the area of operation;
(i) to monitor flow of water for irrigation;
(j) to resolve the disputes, if any, between the members and water
users in its area of operation;
(k) to raise resources;
(l) to maintain accounts;
(m) to cause annual audit of its accounts;
(n) to assist in the1[formation of] the Managing Committee;
(o) to maintain other records as may be prescribed;
(p) to abide by the decisions of the distributory and project
committees;
(q) to conduct general body meetings, as may be prescribed;
(r) to encourage avenue plantation on canal bunds and tank bunds by
leasing such bunds;2[XXXX]
(s) to conduct regular water budgeting and also to conduct periodical
social audit, as may be prescribed;3[(t) to encourage modernization of agriculture in its area of operation;
and
(u) to maintain the feeder channels of minor irrigation tanks by the
respective water users association in the manner prescribed.]
18. Functions of Distributory Committee -The distributory committee shall
perform the following functions, namely:-
(a) to prepare an operational plan based on its entitlement, area, soil,
cropping pattern at the beginning of each irrigation season, consistent
with the operational plan prepared by the project committee;
(b) to prepare a plan for the maintenance of both distributories and
medium drains within its area of operation at the end of each crop
seasons and execute the maintenance works with the funds of the
committee from time to time4[subject to such terms and conditions as
may be prescribed];
(c) to regulate the use of water among the various water users’
associations under its area of operation;
(d) to resolve disputes, if any, between the water users’ associations
in its area of operation;
(e) to maintain a register of water users associations in its area of
operation;
1. Substituted by the Act No.4 of 2018, S.10.2. Omitted by the Act No. 7 of 2003, S.15.3. Added by the Act No. 7 of 2003, S.15.4. Added by the Act No. 39 of 2005, S.6.
(f) maintain an inventory of the irrigation system in the area of its
operation, including drains;
(g) to promote economy in the use of water allocated;
(h) to maintain accounts;
(i) to cause annual audit;
(j)  to maintain other records as may be prescribed;
(k) to monitor the flow of water for irrigation;
(l) to conduct general body meetings as may be prescribed;
(m)  to abide by the decisions of the project committee;
(n)  to cause regular water budgeting and also the periodical social
audit as may be prescribed;
(o)  to assist in the1[formation of] the managing committee;2[XXXX]
(p)  to encourage avenue plantations in its area of operation;3[(q) to encourage modernization of agriculture in its area of operation.]
19. Functions of Project Committee -The project committee shall perform
the following functions, namely:-
(a) to approve an operational plan based on its entitlement, area, soil,
cropping pattern as prepared by the competent authority in respect of
the entire project area at the beginning of each irrigation season;
(b) to approve a plan for the maintenance of irrigation system
including the major drains within its area of operation at the end of
each crop season and execute the maintenance works with the funds of
the committee from time to time4[ subject to such terms and conditions
as may be prescribed];
(c) to maintain a list of the distributory committees and water users
association in its area of operation;
(d) to maintain an inventory of the distributory and drainage systems
in its area of operation;
(e) to resolve disputes if any, between the distributory committees;
(f) to promote economy in the use of water;
(g) to maintain accounts;
(h) to cause annual audit of its accounts;
(i) to maintain other records as may be prescribed;
(j) to conduct general body meetings as may be prescribed;
(k) to cause regular water budgeting and also the periodical social
audit as may be prescribed;5[XXXX]
(l) to encourage avenue plantations in its area of operation.
6[(m) to encourage modernization of agriculture in its area of operation.]
operation.]
20. Power to levy and collect fee -A farmers’ organisation may, for carrying
out the purposes of this Act, achieving the objects of the organisation and
performing its functions, levy and collect such fees as may be prescribed from
time to time.
7[21. Appointment of competent authorities and their functions -(1) The
Government may, by notification appoint such officer from the1[Water
1. Substituted by the Act No.4 of 2018, S.11.2. Omitted by the Act No. 7 of 2003, S.16.3. Added by the Act No. 7 of 2003, S.16.4. Added by the Act No. 39 of 2005, S.7.5. Omitted by the Act No. 7 of 2003, S.17.6.  Added by the Act No. 7 of 2003, S.17.7. Substituted by the Act No. 7 of 2003, S.18.
Resources] Department, or any other Department or Corporation including
Irrigation Development Corporation, as they consider necessary, to be the
competent authority (Engineering) with specific functions as prescribed, to
every farmers’ organization for the purpose of this Act.
(2) The Government may also, by notification appoint an officer from the
Agriculture Department, to be the competent authority (Agriculture) with the
specific functions as prescribed, to every farmers’ organization for the purpose
of this Act.
(3) For strengthening of the farmers’ organizations the Government may also,
by notification appoint an officer or officers from any department or
departments, to be the additional competent authority or authorities for
discharging specific functions, as may be prescribed.]
CHAPTER - IV
RESOURCES
22. Resources of Farmers’ Organisation -The funds of the farmers’
organisation shall comprise of the following, namely:-
(i) grants received from the Government as a share of the water tax
collected in the area of operation of the farmers’ organisation;
(ii) such other funds as may be granted by the State and Central
Government for the development of the area of operation;
(iii)2[XXXX];
(iv) income from the properties and assets attached to the irrigation
system within its area of operation;
(v) fees collected by the farmers’ organisation for the services rendered
in better management of the irrigation system; and
(vi) amounts received from any other source3[as permitted by the
Government].
CHAPTER - V
OFFENCES AND PENALTIES
23. Offences and Penalties -Whoever without any lawful authority does any
of the following acts, namely:-
(a) damages, alters, enlarges, or obstructs any irrigation system;
(b) interferes with, increases, or diminishes the water supply in, or the
flow of water from, through, over or under any irrigation system;
(c) being responsible for the maintenance of the irrigation system
neglects to take proper precautions for the prevention of wastage of the
water thereof or interferes with the authorised distribution of water
there from or uses water in an unauthorised manner, or in such
manner as to cause damage to the adjacent landholdings;
(d) corrupts or fouls, water of any irrigation system so as to render it
less fit for the purposes for which it is ordinarily used;
(e) obstructs or removes any level marks or water gauge or any other
mark or sign fixed by the authority of a public servant; and
(f) opens, shuts or obstructs and attempts to open, shut or obstruct any
sluice or outlet or any other similar contrivance in any irrigation
system;
1.  Substituted by the Act No.4 of 2018, S.12.2. Omitted by the Act No.4 of 2018, S.13.3. Inserted by the Act No.4 of 2018, S.13.
1[(g) violates the Warabandi or the water distribution and regulation
schedule made by the Water Users Association or the Distributory
Committee or the Project Committee;]
shall, on conviction, be punished with imprisonment which may extend
to two years or with fine which may extend to five thousand rupees or
with both.
24. Punishment under other laws not barred - Nothing in this Act shall
prevent any person from being prosecuted and punished under any other law
for the time being in force for any act or omission made punishable by or under
this Act,2[and such prosecution shall not be initiated except on a complaint
made an officer not below the rank of Executive Engineer having jurisdiction
over the area]:
Provided that no person shall be prosecuted and punished for the same
offence more than once.
25.  Composition of offences -(1) A3[designated officer not below the rank of
Deputy Executive Engineer] may accept from any person who committed or in
respect of whom a reasonable belief can be inferred that he has committed an
offence punishable under this Act or the rules made thereunder, a sum of
money not exceeding rupees2[ten thousand] by way of composition for such
offence.
(2) On payment of such sum of money, the said person, if in custody,
shall be discharged and no further proceedings shall be taken against him in
regard to the offence, so compounded.
CHAPTER - VI
SETTLEMENT OF DISPUTES
4[26. Settlement of disputes -Any dispute or difference touching the
constitution, management, powers or functions of a farmers’ organization
arising between members, between a member and the managing committee of a
water users association or between two or more water users associations or
between two or more distributory committees or between two or more project
committees shall be determined and disposed of in the manner prescribed.]
5[27.Appeals -Any party to a dispute or difference aggrieved by 

Excerpt shown. Open the full act in Lexace.

‹ Prev All Andhra Pradesh acts Next ›