LexThe Assam Farmers (Group Irrigation) Act, 1978
Assam · state statute
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The Assam Gazette
EXTRAORDINARY
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PUBLISHm BY AUTHORITY
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or~ 126
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N"I~, ~<1ii~t~ . 1, CDC '1 ~<! 1978, 10 ~lif. 1900 "~
Dispur, Fri .l a y, 1 ;t Septem'1gr, 1973 , 10th Bhadra,
1~00 (S. E .)
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GOVERNMEN'l' OF ASSAM
OR DERS BY THE GOVERNOF
Lt:GISLATIVE DE PARTMEN'17
NOTIFICATION
The 31st August 1978
No.LGLi335/75/188.-Thc following Act <>f the Assam Legislative
Assembly which received the assent ef the President is hereby
published for general information.
\.
816 THE ASSAM GAZETTE, EXTRAORDINARY, SE.'T . 1, 1S78
ASSAM ACT X OF 1978
(Received the assent of the President on 16th August, 1978)
THE ASSAM FARMERS (GROUP IRRIGATION)
ACT, 1918
Act
to provid·e for creation of irrigation potential by the
formation of groups amongst farmers.
WHEREAS it is expedient to make prov1s10n
for creating irrigation potential through utilisa
tion of surface and under-ground water by
jformation 'of groups amongst farmers to obtain
loan from Banks .
It is hereby enacted in the Twen ty- ninth
Year of the Republic of India as follows:-
Short title, 1. (1) This Act may be called the Assam Far-extent and • . ·
commence- mers (Group Irrigat10n) Act, 1978.
m ent.
(2) lt extends to the whole of Assam.
(3) It shall come into force at once.
Definition 2. In this Act, unless there is .anything re-
pu;;nant in the subject or context ,-
(a) "agricultural land" includes land used
or capable of being used for raising of
crops, grass or garden produce , veget
ables, seed farming, pisciculture, horti
culture, growing of fruits or other
similar purpose ;
(b) "bank" includes -
(i) a banking company as defined in sec-
tion 5 of the Banking Regula tion Act ,
1949,
(H) "State Bank of India" constituted
under the State Bank of India Act, 1955,
j:HE ASSAM GAZETTE. EXTRAORDINARY, SEPT. I, 1978 817
(iii) a subsidiary Bank as defined in the
State Bank of India (subsidiary Banks)
Act, 1959,
(iv) a "Corresponding new Bank" cons
tituted under section 3 of the Banking
Companies (Acquisition and transfer
of undertakings) Act, 1970,
(v) the Assam Co-operative Central Land
Mortgage Bank Limited constituted
under the Assam Co-operative Land
Mortgage Bank Act, 1960,
(vi) a Co-operative Land MortgC!ge Bank
registered under Assam Co-operative
Societies Act, 1949,
(vii) any other financial institution or a
co-operative society which may be
notified to be a Bank for the purposes
of this Act by the State Government
from time to time,
(viii) "Regional Rural Bank"
under the Regional Rural
. 1976,
constituted
Banks Act,
(c) "cropping pattern'' means a system of
cultivation specified in a scheme for
using agricultural land for any one or
more or all of the following purposes-
(i) raising of crops, grass or garden pro ..
duce and vegetables,
(ii) seed farming,
(iii) pisciculture,
(iv) horticulture,
{v) growing of fruits,
(vi) other purposes as may be notified by
the State Government ;
818 THE ASSAM GAZETTE, Bx·rRAORbINARY, SEPT. 1, 19'78
(d) "defaulter" means any member of a
group who refuses to make any contri
bution or take loan from a bank or fulfil
any obligation, financial or otherwise,
for implementing a scheme or fails to
repay by due date any instalment of the
loan taken for implementing the same ;
(e) "group" means an association consisting
of farmers not less than two in number
formed for the purpose of implementing
a scheme under this Act ;
(f) "Irrigation Officer" means an Executive
Engineer under the Irrigation Depart
ment having jurisdiction over an area
and includes any other officer not below
the rank of a Subordinate Engineer of
the Irrigation Department authorised by
the Executive Engineer for the purpose of
this Act and further includes any other
categories of officials or agencies duly
notified by the State Government;
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( g) "margin money" means the money
required to be paid by a farmer for
obtaining loan from a bank for imple
menting a scheme framed under this Act;
(h) " prescribed" means prescribed by rules
framed under this Act ;
(i) "scheme" means the details of any plan
of an irrigation work for using surface
water through lift and under-ground
water through wells in any agricultural
land to promote or increase or assure
agricultural produce prepared for the
purpose of rendering benefit to a group
of farmers;
(j) ''Supe rintendin g Engine er" means the
Superintending Engineer of the Irriga
tion Department ;
J
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-TB:E ASSAM GAZETTE . EXTRAORDINARY, SEPT. I, 1978 819 ,__
{k) "under-ground water" means water avail
able below top soil layers ;
(l) "well" means a well sunk for the search
for extraction of under-ground water
within any area for irrigation and inclu
des an open well, dug well, bored well,
dug-cum -bored well, tube well and filter
point. ~· ·"~-''-·-~;':.~
- ~--~, ~ --~1\12~
. 3. (1) Any two or more farmers owning or
~~~~~~f-
0
r~~~·having a right in any agricultural land in com
mers and pact area may form a group and apply to the
request for I · t' Offi · h 'b d pr eparing a rnga 10n cer in t e prescn e manner re-
>chem e. questing him to frame a scheme for the purpose
of implementation of the provisions of this Act.
(2) On receipt of such . application, the Irriga
tion Officer may enter- upon any land proposed
to be affected by the scheme and make the
necessary enquiry or survey about the feasibility
of the scheme and if he is satisfied about the
feasibility of the scheme, he shall prepare a
draft scheme and forward it to the applicant
farmers for suggestions and objections.
(3) After considering such suggestions and
objections as may be made by the applicant far
mers, the Irrigation Officer may make such
modifications in the draft scheme as he may
think fit, and the draft scheme, as so modified,
should be sent by him to the bank to enable it to
consider the feasibility of the scheme, the credit
worthiness of the farmers in question and the
question whether it is prepared to finance the
scheme.
( 4) If the bank indicates tts willingness to
finance the scheme, the Irrigation Officer shall
finalise the scheme and send a copy of the finalis
ed scheme to the applicant farmers and also to
the bank.
e20 THE ASSAM GAZETTE, EXT~AORDINARY, SEPT. 1, 1971
(5) On receipt of th~ notice from the Bank
each farmer shall deposit the margin money with
the Bank in the manner prescribed. If any far.::
mer refu ses OT fails to deposit the margin money
within the time prescribed, any one or more of
the oth er farme r s of th e gr oup concerned may
deposit the margin money of the defaulting
farmer with the Bank.
(6) Whenever required by the Bank, the
farmers will execute mortgage deed or deeds
of charge in respect of the lands made charge
able for securing repayment of the loans to be
advanced by the Bank to the farmers -of _the
group. ·,_-i:.-_ v 2-..:~~'.. ii. Sil
Enforcement 4 (1) When it appears to any Irriga_ tion of Scheme · ·
on unwil!ingOfficer having jurisdiction over the area that
farm er£. framing and impl ementation of a scheme under
Implementa•
tion of
scheme.
this Act for any com pact area is not possible
owing to the failure of any one or more of the
farmers having inte rset in any portion of such
area to join the group, he may, on being satisfi
ed after giving an oppo rtunity to the farmer of
being heard, in the manner as may be prescrib
ed, that there is no reasonable ground for the
farmer or farmers refu sing to jo~n a group and
that such joining is nece ssary and essential in
the public interest, dire ct him to join the group
within such time as may be prescribed.
(2) If such farmer fails to join · the group,
the other farmers of the group formed for the
purpose, may deposit the margin money in the
manner laid down in sub-section (5) of section
3 and thereafter all the provisions of this Act
shall apply to the defaulting farmer concerned.
5. · (1) · The Irrigation Officer or the group of
farmers, as the case may be, shall implement all
schemes, framed under this Act in the manner
prescribed.
THE ASSAM GAZETTE, EXTRAORDINARY, SEPf. I, 19 /8 821
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Penalty for
obstruction
to the
scheme.
(2) Any scheme, framed and implemented
under this Act shall be maintained by the group
of farmers in the manner prescribed.
(3) If the Irrigation Officer at any time finds
that the group of farmers has not im
plemented or maintained the scheme or has failed
or refused to do so, he may, after giving in
writing a notice to the farmers, carry out such
implementation and maintenance and the cost
incurred for s-uch implementation or main
tenance shall be recove r able from farmers as
public demand under the Bengal Public Demands
Recovery Act, 1913.
6. Any farmer of a group, refusing to adopt
the cropping pattern specified in a scheme or
obstructing the construction of field channels or
other works necessary for the pur poses of dis
tribution of irrgation water to every part of the
area as required under the scheme, shall be
punishable with imprisonment for a term which
may extend to three months or with a fine which
may extend to five hundred rupees or with both .
Charge over 7. Notwithstanding anything in any mor-
crops. tgage deed or loan bond executed by a farmer
for obtaining a loan for the purpose of imple
menting a scheme under this Act the mortgagee
Bank shall have a first charge over the crops that
may be raised on the land included in the
scheme: ...... "'1 1£~''"~~
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IP"'
Provided that if the Bank financing the in
vestment under the scheme is not' financing the
farmers for raising crops and such crop loans
are given by another financial institution for
raising that crops shall have proportionate
charge over the crops .
822 THE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 1, 1978
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~P~:;le~g~r 8. (1) Any farmer aggrieved by any order
Irrigation passed by an Irrigation Officer under the provi-
Officer. · f th" A t 1 · th s10ns o is c may appea, m e manner
prescribed, within fifteen days from the date of
receipt of the order, to the Superintending
Engineer of the Irrigation Department having
jurisdiction over the area in which the agricul
tural land of the farmer concerned is situated.
(2) The Superintending Engineer, after giv
ing an opportunity to the parties to be heard,
may within fifteen days of the date of appeal,
confirm or modify the ord~r of the Irrigation
Officer or reject the appeal or remand the case
for decision of the Irrigation Officer in the light
of observations made by the Superintending
Engineer.
Applica.ti_on • 9. (1) Any farmer aggrieved by an order or rev1s1on, . '
passed by the Superintending Engineer under the
provisions of sub-section (2) of Section 8, may
apply in the manner prescribed to the State
Government within fifteen days of the date of
passing of the order for revising the same on
the ground of hardship.
(2) The State Government may, within
fifteen days of the date of appeal, call for the
records of the case and pass orders as may be
deemed fit, and such orders shall be final.
Bar of juris· 10. ( 1) Except as provided in Sections 8 and
diction of
couns or 9 above, no order passed in exercise of any
Tribunals power conferred by or under this Act shall be
etc. called in question in any proceedings before a
court or tribunal or any other a.:uthority.
(2) No Civil Court shall have jurisdiction in
respect of any matter or action which the Irriga-
. tion Officer, Superintending Engineer or the
State Government is empowered by or under
this Act to determine or take and no injunction
shall be granted by any court or other authority
in respect of any action taken or to be taken in
oursuance of any power conferred by or under
this Act.
'
THE ASSA M GAZE TTE . EXTR AORDINARY , SEPT 1, 1978 823
,,., r~ te ction of 11 No sult or other legal proceed ings shall ,.ctions taken ·
i o good faith.lie against any person for anything in good fait h
done or intended to be done in pursuance of any
of the provisions of this Act or of any rule or
orde r framed or made thereunder. ·
Power to remove obs- 12. when for the purpose of making any
tructions etc.enquir y or survey, whether in the course of
fr aming of a sche m e under this Act or ot her
wise, the Irrigation Officer finds that it is
exp edient to remove any obstruction or clea r
any p ar t of the land o r any standing crop or
cut down t rees or jungles from any such land
he may ask the farmers to remove such
obst ructions or crops or jungles and to cut
down trees with in such time as may be
specified in writing by him and if the farmers
either refuse or neglect to comply with any su ch
order the Irrigation Officer shall himself arrange
rem oval of the obstructions or crops or jungles
and cut down trees , as the case may be, and the
costs for such removal or cutting down shall be
treated as costs for implementing the scheme and
shall be recoverable from the farmers as public
demand under Bengal Public Demands Recovery
Act , 1913, in such proportion as may be speci-
. fied in writing by the Irrigation Officer.
Recovery of 13. (1) When any farmer refuses to pay the expenditure. . bl b h•
p a
margm money paya e y 1m or . refuses to
obtain any loan for implementing a scheme, the
Irri gation Officer shall apportion the expenditure
inc urred in implementing or maintaining the
scheme amongst all the farmers of the group
and the defaulter's share of such expenditure
shall be recoverable from him as a public
demand under Bengal Public Demands Recovery
Act, 1913, and _payments should be made to the
other farfuers of the Group and their loan
accounts with the Bank in appropriate pr?por ..
tions. -.
824 THE ASSAM GAZETTE, EXTRA~RDINARY, SEPT.), 1978
L
(2) Notwithstanding any terms and condi-
tions provided for in the mortgage deed or loan
bond executed by a farmer of a group for the
implementation of a scheme under this Act, if
any farmer of the group defaults in payment of
any instalment of the · 1oan, due from him, such
instalment of the loan shall be recoverable from
him as a public demand under Bengal Public
Demands Recovery Act, 1913:
Provided that the provisions of Bengal
Public Dem ands Recovery Act, 1913 shall not be
applied against the defaulting farmers except on
application by the Bank concerned to the Col
lector of the District or such other authority as
may be empowered by the State Government in
this behalf.
~0~!=c~Y 14. No court shall take cognizance of any
court. offence punish able under this Act or of abetm ent
of any such offence save on complaint made by
an officer authorised by the State Government
in this behalf.
Effe~t. of r 15. The prov1s10ns of this Act and the rules
fb"~~~~i!~.made thereunder shall have effect notwith
ns15h· ten1
t with standing anything inconsistent therewith contained
ot er aws. . h l m any ot er aw. .
Power to
make rules.
16 (1) The S tate G overnm ent m ay, by noti
fic ation in the Official Gazette, m ake rules for
car rying out the p urpose s of this Act.
(2) In part icular, and without prejudice to
the gener ality of the for egoing powers, such
rules may provide for all or any of the following
matters, namely :-
(a) the manner in which the application for
farming a scheme under sub-section (1)
of Section 3 is to be made ;
THE ASSAM GAZETTE. EXTRAORDINARY, SEPT. 1, 1978 825
(b) the manner in which margin money is
to be deposited with the bank and the
time for deposit thereof under: sub-section
(3) of Section 5 ;
(c) the manner for enforcement of the
scheme on unwilling farmers under sub
section (1) of Section 4;
(d) the manner in which the scheme is to
be implemented and maintained under
sub-sections (1) and (2) of Section 5;
{e) the manner in which appeal is to be
made under sub-section (1) of Section 8;
'f) the manner: in which the application for
revision is to be made under sub-section
(1) of Section 9;
[g) and such other matters provisions where
of is necessary to be made in the rules.
{3) Every rule made under this Section shall
be laid as soon as may be after it is made, before
the Assam Legislative Assembly while it is in
session for a total period of fourteen days which
may be comprised in one session or in two
successive sessions, and if, before the expiry o·f
the session in which it is so laid or the sessions
immediately following the Assam Legislative
Assembly agree in making any modification in
the rule or the Assam Legislative Assembly
agree that the rule should not be made, the rule
shall thereafter have effect, only in such modi
fied form or be of no effect, as the case may be;
so however, that any such modification or annul
ment shall be without prejudice to the validity of
anything previously done under that rule.
U. TAHBILDAR.
Secretary to the Govt. of Assam,
Legislative Department.
Gauhati-Printed and published by the Supdt. l/c., Assam Govt. Printing Pren.
{Jb.Gauttc) No.251-800-500-1-9-1978.