LexThe Assam Irrigation Water Users Act, 2004 (Single Document)
Assam · state statute
Open in Lexace · Ask the AI about this actASSAM ACT NO. V OF 2005
(Received the assent of the Governor on 13th January, 2005)
THE ASSAM IRRIGATION WATER USERS ACT, 2004.
AN
ACT
to provide for farmers' participation in the management of
irrigation systems and for matters connected therewith or
incidental thereto.
Whereas it is expedient to provide for farmers' participation
in the management of irrigation system for ensuring efficient and
equitable supply and distribution of water t hrough farmers'
Organisations to optimise agricultural productions;
It is hereby enacted in the Fifty -fifth Year of the Republic of
India as follows:-
CHAPTER-I
PRELIMINARY
Short title,
extent and
commencement.
1.
(1) This Act may be called the Assam Irrigation Water Users'
Act, 2004.
(2) It extends to the whole of Assam.
(3) It shall come into force on such date as the Government
may, by notification in the Assam Gazette, appoint :
Provided that different dates may be appointed by the
Government for different areas and for different provisions
of the Act.
Definitions. 2.
In this Act, unless the context otherwise require, -
(a) "area of operation" in relation to Water Users' Association
means a continuous block of land in the command area of an
irrigation system as may be notified for the purposes of this
Act;
2
(b) "ayacut road" means a road within the area of operation of
Water Users' Association for the purpose of irrigation and
agriculture but do not include a road vested in Gram
Panchayat, Municipality, Municipal Corporation or the
Public Works Department of the Government;
(c) "command areas" 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 a
Government aided source and includes every such area
whether it is called a yacut or by any other name under any
land for the time being in force;
(d) "competent authority" means the authority appointed under
section 21
(e) "District Collector" means the collector of the district in
which the irrigation system is situated and includes a ny
officer specially notified by the Government to perform all
or any of the functions of the District Collector under this
Act ;
(f) "drainage system" in relation to an irrigation includes, -
(i) escape channels from an irrigation or distributory system
and oth er works connected therewith, but does not
include works for removal of sewage;
(ii) channels either natural or artifi cial for the discharge of
waste or surplus water and all works connected
therewith;
(iii) all connecting drains and main drains to drain off surplus
water from field drains; and
(iv) all field drains, related structures under outlets.
(g) "farmers' organisation" wherever it occurs, shall mean and
include –
(i) Water Users' Association consisting of all the water
users as specified under section 3,
(ii) Distributory Committee at the secondary level as
constituted under section 5,
(iii) Project Committee at the project level as constituted
under Section 7.
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(h) "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 an outlet;
(i) "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 n outlet and
includes drains, escape channels and other similar works
existing or to be constructed.
(j) ''financial year" means a year commencing from the 1st
April of the relevant year to the 31st March of the ensuing
year;
(k) "financing agency" means any commercial bank or any co -
operative society or any other bank or organisation
established or incorporated under any law for the time being
in force, which lends money for the development of the area
of operation of the Water Users' Association;
(l) "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 an outlet.
(m) "Government" means the State Government of Assam;
(n) "hydraulic basis" means the basis for identifying a viable
irrigated area served by one or more hydraulic structures
such as head works, distributaries, minors, outlets and the
like;
(o) "irrigation system" means major, medium and minor
irrigation systems for harnessing water for ir rigation and
other allied uses from Government or Government aided
source and includes reservoirs, open head channels,
diversion system, lift irrigation scheme, tanks, wells and the
like;
Explanation :
(1) "major irrigation system" means system under major
irrigation project having irrigable command area of more
than 10,000 hectares;
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(2) "medium irrigation system" means irrigation system
under medium irrigation project having irrigable
command area of more than 2,000 hectares and up to
10,000 hectares ;
(3) "minor irrigation system" means irrigation system under
minor irrigation project having irrigable command area
up to 2,000 hectares.
(p) "land holders" means an owner or a tenant recorded as such
in the records o f rights under the Assam Land and Revenue
Regulation, 1886 (as amended) and the Assam (Temporarily
Settled Areas) Tenancy Act, 1971 (as amended) in respect
of land in the notified ayacut.
(q) "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 areas of operation;
(r) "notification" means a notification published in the Assam
Gazette and the expression "notified" shal l be construed
accordingly ;
(s) "operation 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;
(t) "prescribed" means prescribed by the Government by rules
made under this Act;
(u) "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;
(v) "water user" means and includes any individual or body
corporate or society using water for agriculture, domestic,
power, nondomestic, commercial, industrial or any other
purpose from a Government or Government aided source of
irrigation;
(w) "water allocation" in relation to an irrigation sys tem means
distribution of water determined from time to time by Water
Users' Association in its area of operation.
(x) "Water Users Association" means the Association
constituted under sub-section (3) of Section 3.
Regulation
1 of 1886
Assam Act
No. XXIII
of 1971.
5
CHAPTER- II
FARMERS' ORGANISATION
Delineation of
water users' area
and constitution
an Association.
3.
(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 system on a hydraulic basis except, the command
area of the shallow tube wells installed outside the command
area of the irrigation schemes, installed by the individual
farmers or by the Pathar Parichalana Samities registered by
the Department of Agriculture, which may be
administratively viable and declare it to be a water users'
area for the purpose of this Act.
(2) Every water users' area shall be divided into constituencies
which shall not be less than four but not more than ten, as
may be prescribed.
(3) There shall be a Water Users' Association called by its local
dintinct name for every water users' area delineated under
sub-section (1).
(4) (a) Every Water Users' Association shall consist of the
following members, namely:-
(i) all water users who are land holders in a water
users area provided that where both the owner and
tenant are land holders in respect of the same land,
the tenant;
(ii) five ex -officio members, namely one Sectional
Assistant and one Junior Engineer from the
Irrigation Department, who shall act as
coordinator between the Government Departments
and the Farmers' Organisation and two from the
Agriculture Department in the rank of village
Level Extention Worker (VLEW) and Agriculture
Extension Officer and one Elected Gaon
Panchayat Member/Gaon Panchayat President of
the Gaon Panchayat concerned;
(iii) members specified in clause (i) and (ii) shall
constitute the General Body for the Water Users'
Association.
(b) A person eligible to become a member of more than
one territorial constituencies of a Water Users'
Association under (i) shall be entitled to be a member
of only one territorial constituency and he shall exercise
his option thereof as prescribed.
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(c) members specified in clause (i) shall alone have the
right to vote.
Election of
President and
Members of the
Managing
Committee of
Water Users'
Association.
4.
(1) There shall be a Managing Committee for every Water
Users' Association. The member of the Managing
Committee of the Water Users' Association shall be form the
elected representative of the respective Water Users'
Association and the size of the committee will vary from 4
to 10 members depending on the size of the territorial
constituency.
(2) The District Collector shall make arrangement for the
election of the President of the Managing Committee of the
Water Users' Association by direct election by the method of
secret ballot in the manner prescribed.
(3) The District Collector shall also make arrangement for the
election of Managing Committee consisting of one member
from each of the territorial constituency of water users' area
by method of secret ballot in the manner prescribed.
(4) If at an election held under sub section (2) and (3) the
President or the Members of the territorial constituency of
Water Users' Association are not elected, fresh elections
shall be held in the manner prescribed:
Provided that the Government for the reasons to be
recorded in writing may, from time to time, po stpone the
election.
(5) The President and the members of the Managing Committee
shall, if not recalled earlier, be in office for a period of
3(three) years, from the date of the first meeting.
(6) The Managing Committee shall exercise the powers and
perform the functions of the Water Users' Association.
Delineation of
distributory area
and constitution
of the
Distributory
Committee.
5.
(1) The Government may by notification and in accordance
with the rules made in this behalf, delineate every command
area of the irrigation system comprising of one or more
Water Users' Association, and declare it 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).
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(3) All the Presidents of the Water Users' Association in the
distributory area so long as they hold such Office, shall
constitute the General Body of the committee including two
nominated official members. One of them shall be an
Assistant Engineer of Irrigation Department who shall work
as a coordinator between the various departments. Water
Users' Associations and Distributory Committees and the
second member shall act as adviser who shall be from
Agriculture Department in the rank of Agriculture Extension
Officer.
Election of
President and
Constitution of
Managing
Committee.
6.
(1) There shall be a Managing Committee for every
Distributory Committee.
(2) The District Collector shall make arrangement, in the
manner prescribed, for the election by the method of secret
ballot, of the President and members of the Managing
Committee who shall not be more than five from among the
members of the General Body of the Distributory
Committee provided that the Government for th e reasons to
be recorded in writing, may postpone elections if situation
demands so.
(3) If, at an election held under sub -section (2), the President
and the members of the Managing Committee are not
elected, fresh election shall be held in the prescribed
manner.
(4) The term of office of the President and the members of the
Managing Committee shall, if not recalled earlier be for a
period of 3(three) years from the date of its first meeting.
(5) The Managing Committee shall exercise the powers and
perform the functions of the Distributory Committee.
Delineation of
project area and
constitution of
Project
Committee.
7.
(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 purpose of this Act.
(2) There shall be a Project Committee called by its district
name for every project area declared under sub-section (I).
(3) All the Presidents of the Distributory Committee in the
project area, so long as they hold such office, shall
constitute the General Body for the Project Committee. The
Project Committee shall have two nominated members one
of whom shall act as a coordinator between various
departments and far mers' organisation and shall be an
Executive Engineer of irrigation Department and the second
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member shall act as advisor who shall be from Agriculture
Department in the rank of District Agricultural Officer. The
nominated members shall not have right to vote.
Election of
Chairman and
Constitution of
Managing
Committee.
8.
(1) There shall be a Managing Committee for every Project
Committee.
(2) The District Collector shall make arrangement in the manner
prescribed for election by the method of secret ballot of the
Chairman and Managing Committee consisting of not more
than nine members from amongst the members of the
General Body of the Project Committee :
Provided that the Government for the reasons to be
recorded in writing may, from time to time, postpone
election.
(3) If, at an election held under sub -section (2), the Chairman
and the members of the Managing Committee are not
elected, fro m election shall be held in the prescribed
manner.
(4) The term of office of the Chairman and members of the
Managing Committee, shall, if not recalled earlier, be for a
period of 3(three) years from the date of its first meeting.
(5) The Managing Committee shal l exercise the power and
perform the functions of the Project Committee.
Apex
Committee.
9.
(1) The Government may by notification constitute an Apex
Committee with the following Members:-
(i) Minister, Irrigation Department – Chairman;
(ii) Five persons from amongst the Chairman of the Project
Committees;
(iii) Two persons from the Local Non -Government
Organisations (NGOs) who are active in water
management and agricultural activities ;
(iv) Three persons from Officers not below the rank of
Secretary or Chief Engineer from the Irrigation and/or
Agriculture Department;
(v) The elected Gaon Panchayat President of the Gaon
Panchayat as Ex-officio Member;
(vi) The Members may be increased by such numbers as
may be considered by the Government.
9
(2) The Committee, constituted under su b-section (1) may
exercise such powers and f unctions as may be necessary
to-
(a) laydown the policies for implementation of the
provision of this Act,
(b) give such directions to any farmers' organization as
may be considered necessary, in exercising their
powers and performing their functions in accordance
with the provisions of this Act.
Procedure for
recall.
10.
(1) A motion for recall of a Chairman or President or a
Managing Committee, as the case may be, of a farmers'
organization may be made by giving a written notice as
may be prescribed, signed by not less than one third of the
total number of members of the farm ers organization 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 agains t 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, the District
Collector or the Government as the case may be, shall by
order remove him from office and resulting vacancy sh all
be filled in the same manner as a casual vacancy.
Constitution of
sub-committee in
farmers'
organisation.
11.
The Managing Committee of farmers' organization may
constitute sub-committees to carry out all or any of the functions
vested in each organisation under this Act.
Farmers'
organisation to
be a body
corporate.
12.
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 and of doing all things necessary
proper or expedient 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:
Provided that no farmers' organisation shall have the power
to alienate in any manner any property vested to it.
10
Changes in
farmers'
organisation.
13.
The Government may in the interest of the farmers' organisation
in the command area by the 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) dimish the area of any farmers' organisation,
(d) alter the boundaries of any farmers' organization, or
(e) cancel a notification issued under this Act or 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 affected.
Qualification of
candidates or
members.
14.
No village employee and no officer or employee of the
Government of India or any State Government or of local
authority or an employee of an institution receiving aid from the
funds of the Government shall be qualified for being chosen as
or for being a Ch airman or President or a member of the
Managing Committee.
Explanation- I
(1) For the purpose of this Section the expression village
employee means in relation to the State of Assam any
person who holds any of the village offices such as Gaon
Panchayat, Mahkuma Parishad or any such village office by
whatever designation it may be locally known.
(2) No person who has been convicted by a criminal court for
any offence committed under any law for the time being in
force involving moral turpitude shall be qualified for being
chosen or for being a Chairman or President or a member
of a Managing Committee.
(3) A person shall be disqualified for being chosen as a
Chairman or a President or a member of the Managing
Committee if on the date fixed for scrutiny of nominations
for election or on the date of nomination he is-
(a) of unsound mind and stands so declared by a competent
court.
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(b) a defaulter of land revenue or water tax or charges
payable either to the Government or to the farmers'
organisation.
(c) interested in a subsisting contract made with or any
work being done for, Gaon Panchayat or any State or
Central Government or the farmers' organisation or
Water Users' Association:
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, or
(ii) any lease, sale or purchase of immoveable 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-II
For removal of doubt 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 the
farmers' organisation, the State or Central Government has not
performed its part of the contractual obligation.
(4) A Chairman or a President or a member of Managing
Committee shall also become disqualified to continue in
office, if he –
(a) is convicted in a criminal case involving moral
turpitude, or
(b) remains absent for three consecutive meeting 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.
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Filling up of
vacancies.
15.
(1) A vacancy arising either due to disqualification under sub -
section (4) of Section 14 or due to death or resignation or
by any reason, such vacancy shall be filled up by
nomination in the following manner:-
(a) A vacancy in the Water Users' Association shall be
filled up by nomination by the Managing Committee
of the Distributory Committee in the manner
prescribed ;
(b) A vacancy in Distributory Committee shall be filled up
by nomination by the Managing Committee o f the
Project Committee in the manner prescribed ; and
(c) A vacancy in the Project Committee shall be filled up
by nomination either by the Apex Committee or by the
Government in the manner prescribed.
(2) The District Collector shall take necessary steps to conduct
election, to fill up any vacancy caused within a period of
one month from the date of occurence of such vacancy.
(3) The term of office of a member or a President or a
Chairman of the farmers' organisation elected under sub -
section (2) shall expire at the time at which it would have
expired, if he had been elected at the ordinary election.
CHAPTER - III
Objects and
functions of the
farmers'
organisation.
16.
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 water to optimize agricultural production, to
protect the environment and to ensure ecological balance by
involving the farmers, to develop a s ense of ownership of the
irrigation system in accordance with the water budget and the
operational plan.
Functions of
Water Users'
Association.
17.
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 ;
13
(b) to prepare a plan for the maintenance of system in the area
of its operation at the end of each crop season and to carry
out the maintenance works of both distributory system and
minors and field drains in its area of operation with the
funds of the Association from time to time ;
(c) to regulate the use of water among the various outlets under
its area of operation according to the warabandi schedule of
the system;
(d) to promote economy in the use of water allocated ;
(e) to assist the Revenue Department in the preparation of
demand and collection of water rates;
(f) to maintain a register of land and holders as per revenue
record;
(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 the conduct of election to the Managing
Committee;
(o) to maintain other records as may be prescribed;
(p) to abide by the decisions of the Distributory Committee and
Project Committee ;
(q) to conduct General Body meeting, as may be prescribed ;
(r) to encourage avenue for plantation on canal bunds and tank
bunds by leasing such bunds; and
(s) to conduct regular water budgeting and also to conduct
periodical social audit, as may be prescribed.
14
Function of
Distributory
Committee.
18.
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 seasons, consistent with the operational plan
prepared by the Project Committee;
(b) to prepare a plan for the maintenance of both distributory
and medium drains within its area of operation at the end of
each crop seasons and execute the maintenance of works
with the fund of the Committee from time to time;
(c) to regulate the use of water among the various Water Users'
Association 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' Association in its
area of operation ;
(f) to 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 meeting as may be prescribed ;
(m) to abide by the decision of the Project Committee ;
(n) to cause regular water budgeting and also the periodical
social audit as may be prescribed;
(o) to assist in the conduct of election to the Managing
Committee; and
(p) to encourage avenue for plantation in its area of operation.
15
Functions of
Project
Committee.
19.
The Project Committee shall perform the following functions
namely:-
(a) to approve 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 work
with the funds of the Committee from time to time ;
(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
system in its area of operation;
(e) to resolve disputes if any, between the Distributory
Committee;
(f) to promote economy in the use of water ;
(g) o maintain accounts ;
(h) to cause annual audit of its accounts ;
(i) to maintain other records as may be prescribed ;
(j) to conduct General Body meeting as may be prescribed;
(k) to cause regular water budgeting and also the periodical
social audit as may be prescribed ; and
(l) to encourage avenue plantation in its area of operation.
Power to levy
and collect fee.
20.
A farmers' organization may, for carrying out the purpose of this
Act and achieving the objects of the Association and performing
its functions, levy and collect such fees as may be prescribed
from time to time.
Appointment of
competent
authority and his
functions.
21.
(1) The Government may, by notification, appoint such officers
from the Irrigation or any other Government or
Government Aided Department as it may consider
necessary to be the competent authority to every farmers'
organisation for the purpose of this Act.
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(2) the competent authority appointed under sub -section (1)
shall be responsible to respective farmers' organization in
the implementation and execution of all decisions taken by
the farmers' organisation. The office bearers of the
committees of the farmers' or ganisation shall act
voluntarily.
CHAPTER-IV
RESOURCES
Resources of
farmers'
organisation.
22.
The fund of the farmers' organisation shall comprise of the
following, namely:-
(i) grant 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) resources raised from any financing agency for
undertaking any economic development activities in its
area of operations;
(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 ir rigation system ;
and
(vi) amount received from any other sources such as grant/
donation/loan on the basis of approval of the Managing
Committee.
CHAPTER-V
OFFENCES AND PENALTIES
Offences and
penalties.
23.
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, diminishes the water supply in or
the flow of water from, through, over or under any
irrigation system,
17
(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 interferences
with the authorized distribution of water there from or use
water in an unauthorized mann er or in such manner as to
cause damage to the adjacent land holdings,
(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 remove any Level Marks or Water Gauge or
any other mark or sign fixed by the Authority or a Public
Servant, and
(f) opens, shuts, or obstructs or attempts to open, shut or
obstruct any sluices or outlets or any other similar
structures in any irrigation system, shall, on a complaint
made by a farmer s' organization, if convicted, be punished
with imprisonment which may extend to one year or with
fines which may extend to five thousand rupees or with
both.
Punishment
under other laws
not barred.
24.
Nothing in this Act shall prevent any person being prosecuted
and punished under any other law for the time being in force for
any act or ommission made punishable by or under this Act:
Provided that no person shall be prosecuted and punished for the
same offences more than once.
Compounding of
offences.
25.
(1) Farmers' organization may accept from any person who
committed or in respect of whom a reasonable belief can be
inferred that he has committed an offe nce punishable under
this Act or the rules made there under, a sum of money not
exceeding Rupees two thousand by way of compounding of
such offence.
(2) On payment of such sum of money, the said person, if in
custody, shall be discharged and no further proceeding shall
be taken against him in regard to the offences so
compounded.
18
CHAPTER-VI
SEITLEMENT OF DISPUTES
Settlement of
disputes.
26. (1) Any dispute or difference touching the constitution,
management, powers or functions of a farmers' organisation
arising between members, shall be determined by the
Managing Committee of the Water Users' Association.
(2) Any such disputes or differences arising between a member
and the Managing Committee or a Water Users'
Association or between two or more Water Users'
Association shall be determined by the Managing
Committee of the Distributory Committee.
(3) Any such dispute or difference arising between a member
and the Managing Committee of a Distributory Committee
or between two or more Distributory Committees shall be
determined by the Managing Committee or the Project
Committee.
(4) Any such dispute or difference arising between a member
and Managing Committee or Project Committee or between
two or more Project Committees shall be determined by the
Apex Committee, whose decision shall be final.
(5) Every dispute or difference under this section shall be
disposed of within 15 (fifteen) days from the date of
reference of the dispute or difference.
Appeals. 27.
(1) A party to a dispute or difference aggrieved by any decision
made or order passed by the Managing Committee of a
Water Users' Association may appeal within 15 days to the
Managing Committee of the Distributory Committee whose
decision there on shall be final.
(2) Any party to a dispute or difference aggrieved by any
decision made or order passed by the Managing Committee
of Distributory Committee may appeal to the Managing
Committee of a Project Committee within 15 days whose
decision thereon shall be final.
(3) Any party to a dispute or difference aggrieved by any
decision made or order passed by the Managing Committee
of a Project Committee may appeal to the Apex Committee
within 15 days whose decision thereof shall be final.
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(4) Any appeal made under sub -section (1) or sub -section (2)
or sub section (3) shall be preferred within 15 days of
communication of the decision of the order to the person
aggrieved.
(5) Every appeal under this section shall be disposed of within
l5 days from the date of filing of the appeal.
CHAPTER –VII
MISCELLANEOUS
Records. 28.
(1) Each farmers' organisation shall keep at its office the
following accounts, records and documents, namely :-
(a) an up to date copy of this Act;
(b) a map of the area of operation of the farmers'
organisation along with the map of the structure and
distributory networks prepared in consultation with the
Irrigation Department ;
(c) a statement of assets and liabilities ;
(d) minutes book ;
(e) books of accounts showing receipt and payments;
(f) books of accounts of all pur chases and sales of goods
by the Associations ;
(g) a register of measurement book, level field books,
work orders and the like ;
(h) copies of audit reports and enquiry reports ;
(i) all such other accounts, records and documents as may
be prescribed from time to time.
(2) The books of accounts and other records shall be opened
for information to the member of the farmers' organisation.
Audit. 29.
Every farmers' organisation shall get its accounts audited in the
manner prescribed.
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Recovery of
dues.
30.
All the amounts payable or due to farmers' organisation shall be
recovered as arrears of land revenue by local Land Revenue
Officer as per rules.
Meetings. 31.
The meeting of the farmers' organisation and the Managing
Committee thereof at such intervals, the procedure, the
presidency and the quorum thereof and the cessation of
membership thereof shall be such as may be prescribed.
Resignation. 32.
(1) A member of Managing Committee of farmers'
organisation may resign his office by a letter sent by a
registered post or tendered in person to the Chairman or
President of the Managing Committee concerned.
(2) The President of the Managing Committee of a Water
Users' Association may resign his office by a letter sent by
registered post or tendered in person to the President of the
Distributory Committee concerned.
(3) The President of the Managing Committee of a Distributory
Committee may resign his office by a letter sent by
registered post or tendered in person to the Chairman of the
Project Committee concerned.
(4) The Chairman of the Managing Committee of a Project
Committee may resign his office by letter sent by registered
post or tendered in person to the Chairman of the Apex
Committee.
(5) Such resignation as mentioned above shall take effect from
the date of its acceptance or on the expiry of 30 days from
the date of its receipt whichever is earlier.
Appointment of
a Commissioner.
33.
(i) The Government may by notification appoint a
Commissioner to exercise general control and
superintendence over the competent authorities and the
District Collector in performance of t heir functions under
this Act or the rules made thereunder.
(ii) The powers to be exercised and the functions to be
performed by the Commissioner shall be such as may be
prescribed.
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Transitional
Arrangement.
34.
The Government may, by notification, appoint an officer or
officers to exercise the powers and perform the functions of a
farmers' organization and the Managing Committee thereof till
such time such farmers' organisation are duly constituted or
reconstituted and such Managing Committee assume s office
under the provisions of this Act.
Authentication
of orders and
documents of the
farmers'
organisation.
35.
All permissions, orders, derisions and other documents of the
farmers' organisations shall be authenticated by the signature of
the Chairman or President of the Managing Committee or any
other Member of the Managing Committee authorised by the
Managing Committee in this behalf.
Act not to be
invalidated by
informality or
vacancy etc.
36.
No act of proceedings of the Managing Committee of farmers'
organisation or Committee shall be invalidated by reason only of
the existence of any vacancy in or defect in the constitution of the
said committee.
Deposits and
administration
of the fund.
37.
(1) The farmers' organisation shall keep their funds in a
Nationalised Bank or a Co-operative Bank.
(2) The fund shall be applied towards meeting of the expenses
incurred by the Managing Committee of the concerned
farmers' organisation in the administration of this Act, and
for no other purpose.
Sinking Fund. 38.
(1) The Managing Committee of the farmers' organisation shall
maintain a sinking fund for the repayment of the money
borrowed and shall pay every year into the sinking fund such
sum as may be sufficient for repayment within the period
fixed of all the money so borrowed.
(2) The sinking fund or any part thereof shall be applied in or
towards the discharge of the loan for which such fund was
created and until such loan is wholly discharged, it shall not
be applied for any other purpose.
Budget. 39.
The Managing Committee of the farmers' organisation shall
prepare in such form in every financial year a budget in respect of
the financial year next, showing the estimated receipts and
expenditure of the Committee and shall place before the General
Body of the farmers' organisation for its approval as may be
prescribed.
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Power to remove
difficulties.
40.
(1) If any difficulty arises in giving effect to the provisions of
this Act or as to the first constitution or reconstitution of any
farmers' organisation after the commencement of this Act,
the Government, as the occasion may require by order
published in the Assam Gazette, do anything which appears
to them necessary for removing the difficulty.
(2) All orders made under sub -section (1) s hall as soon as may
be, after they are made, be placed on the table of the Assam
Legislative As sembly and shall be subject to s uch
modification by way of amendments or repeal as the
Legislative Assembly may make either in the same session
or in the next session.
Savings. 41.
(1) Nothing contained in this Act shall effect the right or
properties vested in Gaon Panchayat, Municipality or
Municipal Corporation under any law for the time being in
force.
(2) Nothing contained in this Act, shall apply to the Minor
Water Bodies in the Scheduled areas in the State of Assam.
Power to make
rules.
42.
(1) The State Government may, by notification in the Official
Gazette, make rules for carrying out the purpose of this Act.
(2) All rules made by the State Government under this Act shall,
as soon as may be after they are made be laid before the
Assam Legislative Assembly while it is in session, for a total
period of not less than fourteen days which may be
comprised in one session or two or more successive sessions,
and shal l, unless some later date is appointed, take effect
from the date of their publication in the Official Gazette
subject to such modifications or annulments as the
Legislative Assembly may, during the said period agree to
make so however, that any such modif ication or annulment
shall be without prejudice to the validity of anything
previously done thereunder.
Protection of
acts done in good
faith.
43.
No suit, prosecution or other legal proceedings shall be
instituted against any person for anything which is in good faith
done or intended to be done under this Act or under the rules
made thereunder.