LexThe Assam Irrigation Water Users Act, 2004
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THE ASSAM G AZE TTE
EXTRAORDINARY
. ___ _ 2fL3 2RTf*T5
P l BI ISIILI) BV At THORL LY___ ___
• S ? 19 {v *!^ , < 1 * 1 * 1 1 4 , 19 2005, 29 1926 OP P)
No.19 Djspur, Wednesday, 19th January, 2005, 29th Pausa, 192 6 (ST.)
GO VERN ME NT OF ASSAM
ORDERS BY THE GO VERN OR
LEG ISLA TIVE DEPARTMEN T : : : LEGISLA TIVE BRA NCH
NOTIFICATION
The 18th January, 2005
No. EGE.83/2 000/50.- The fo llow ing Act of the Assam Legislativ e
Ass embly which re ceived the a ssent o f the G ove rnor is hereby publishe d for
general info rma tion .
52____THE ASSAM GAZETTE, EXTRAORDINARY. J ANU ), JUQS
ASSAM ACT NO. V OF 2005
(Received the assent o f the Governor on 13th January, 2005)
THE ASSAM IRRIGAT ION WA TER I SERS ACT, 2004.
A N
ACT
to prov ide for farmers' participation in the man age ment of irrigat ion systems
and for matters connected th erew ith o r in cidental th ereto .
Whereas it is exp edient to provide for farm ers' participation in the
man age ment of irrigation system for ensuring efficient and equita ble su pply
and distr ibution of wa ter throug h farm ers' Or ganis ati on s to optimise
agricultural prod uc tio ns;
It is he reby enacted in the Fifty-fifth Year o f the R epublic of India as
follows
CH APTER-I
Short title,
extent and
com men ce
men t.
PRELIMINARY
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 Go ver nm ent m ay, by
notification in the Assam G azette, a ppoin t:
Provided that diff eren t date s m ay be appoin ted by the G overnm ent
for differ ent areas and for differe nt p rovisio ns of the Act.
Defin itions 2.
(a)
In this Act, unless the context oth erw ise require, -
"area of operation" in relation to Water Use rs' Asso ciation means a
continuous block of land in theco mm and area of an irrigatio n system
as m ay be notified for the pur poses of this A ct ;
■
w
(b) "ay acut roa d'' mean s a road with in the a rea of ope ration of W ater
Users' Association for the purpos e of irri gation a nd agricu lture but
do not inc lud e a road vested in Gra m Pan cha yat, Municipality,
Municipal Co rpo rat ion or the Pub lic Works Dep artm en t of the
Go vernm ent;
(c ) "co mm and areas" means an area ir riga te d or capable of being
irri gated either by grav itatio nal flow or by lift irrigat ion or by any
othe r method from a Gove rnm ent or a Government aided so urce and
includes every such area whether it is ca lled ayacu t or by an y other
nam e und er any land for th e tim e bei ng in for ce ;
(d) "co mpetent au thority" means the auth ority appointed und er section
v *!
THE ASSAM GAZETTE, EXTRAOR DINA RY. .IA N, 19 . 2005 5
(e) "D istr ict Collector" m eans the collector of the d istr ict in w hich the
irrigati on system is situated and inc lud es any officer specially
notified by the G over nment to perform all or any of the functions of
the District Collector u nder this Act ;
(f ) "drai nage system" in rela tion to an irrig ation inclu des, -
(i) escape chan nels from an irrigation or d istr ibutory system and
othe r work s connected there with, b li t does no t include works
for removal of sew ag e;
(ii) channels either natural or artificial for the disch arg e of waste
or surp lus wa ter and all works conn ected therewit h ;
(iii) all connecting drains and main dra ins to dra in off surplus water
from field drai ns; and
(iv) all field drains, related structures u nder outlets.
(g ) "fa rm ers ' organisation" w herever it occurs, shall mea n a nd inc lude -
(i) Water Users' Association consisting of all the w ater users as
specified under section 3,
(ii) Distribu tory Com mittee at the seco ndary level as constituted
under section 5,
(iii) Project Com mittee at the project level as con stituted und er
Section 7.
(h) "fie ld chan nel" includes a ch annel existing or to be cons tructed by
the Government or by the land holders or by any agency to receive
and d istr ibu te w ater from a ou tle t;
(i) "fie ld drain" includes a channel excavated and ma intained by the
land holde r or by any othe r agency to disc harge waste or sur plus
wa ter from the land hold ing un der a outlet and include s drains,
escape channels and other similar works existing or to be constructed.
(j ) "financi al year" means a year commen cing from the 1st April of the
rel eva nt year to the 31st March of tire ensu ing year ;
(k) "fin anc ing agency" means an y comme rcial bank or any co- operative
society or any other bank or organisation establishe d or incorp orated
un de r any law fo r the time being in force, whic h len ds m oney for the
dev elopment of the area of operation of the Water Users' Association;
54
( 1 )
THE ASSAM GAZETTE, EXTRAORDINARY, JAN. 19 , 2005
"di stri butary system" means and includes
(i) all main canals, branch canals, distributaries and minor canals
constructed for the supply and dis trib ution of wa ter for
irrigation;
(ii ) ail works, stru ctu res and app lian ces conn ected with the
distributio n of water for irrig ation; and
(iii) all field channels and other related channels and structures
under an outlet.
(in) "Government" means the State Government of Assam ;
(n) "hy draulic 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 irrig ation
systems for harnessing water for irrigation and otherallied uses from
Governme nt or G overnm ent aided source and includes reservoirs,
open head channels, diversion system, lift irrigation scheme, tanks,
wells and the lik e;
5
s
•/< <
• I
• Explanation :
(1 ) "ma jor irriga tion system" means system under major irrig ation
project having irrigable command area o f more than 10,000 hectares;
(2 ) "me dium irrigation system" means irrigation system under medium
irrig ation project having irrigable command area of more than 2,000
hectares an d up to 10,000 hectares ;
(3 ) "m ino r irrigation system" means irrig ation 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 Regulation
records of rights under the Assam Land and Revenue Regulation, 1 of 1 886
1886 (as ammended) and the Assam (Temporarily Settled Areas) A ssa m A c t
Tenancy Act, 19 71 (as am ended) in respect of land in the notified ol
ayacut.
(q) "maintena nce" means execution of such works on the irrigation
system as are necessary to ensu re tha t the physical system desig ned
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" shall be construed accordingly ;
(s) "op eration plan" means a sched ule of irrigation deliveries with
details of the mode and du ration of supplies dra wn up for regulation
of irrigation in the comm and area of an irrigation system ;
(t ) "pre scribed" means prescribed by the Governm ent by rules made
under this A ct;
(u) "waraban di" 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 ;
THE ASSAM GAZETTE, EXTRAORDINARY, JAN. 19 , 2005 ___ 55
(v) “w ate r us er" means and includ es a ny in div idu al or b ody corp orate
or society us ing water for ag ricu ltu re , do mestic , po wer, no n
dome stic , com mercia l, in du stria l or any othe r pu rp os e from a
Government or Go vernment a ided source of irrigatio n ;
(w) “w at er all oc ation" in re la tion to an irriga tion syste m me ans
distrib ution of wa ter dete rmined from time to time by Water Users'
Association in its area of operation.
(x ) “W ater Users Association" means the Association constitute d und er
sub-section (3) of Sec tion 3.
CH APTER-II
FARMERS' ORGANISATION
Deli neation
of water
use rs' area
and
constitution
an
Association.
3. (1) The D istrict Collector may, by notification and in accordance with
the rules made, un der this Actin this behalf, del inea te every com mand
area und er each of the irrigatio n sys tem on a hy dra uli c basis except,
the com mand area of tire shallow tub e wells installed out side the
com mand area of the irrigatio n schemes, installed by the individual
farme rs or by the Patha r I’aric hal ana Sam itie s reg istere d by the
Depar tment of Agriculture, which may be adm inistrativel y viable
and decla re it to be a water users' area for the p urpo se of this Act.
(2 ) Ever y wat er users' area shall be d ivi ded into c onstitue ncie s whic h
shall not be less than four bu t not more than ten, as may be prescribed .
(3 ) The re shall be a Water Users' A ssociation cal led by its local dintinct
nam e for ever y wate r users' area delineated und er sub-sec tion (1).
(4) (a) Eve ry Wate r Us ers ' Assoc iation sha ll co ns ist of the fol low ing
mem bers, namely :-
(i) all water users who are land holder s in a wa ter users area
prov ided thatwh ere both the owner and ten ant are land holders
in re spect of the same land, tire te na nt ;
(ii) five ex-officio membe rs, nam ely one Sectional Ass ista nt and
one Junior Engineer from the Irriga tion Depa rtment, who shall
act as coord inat or betwee n the Gover nm ent Depa rtm ent s and
the Farmers' Organis ation and two fro m the Ag ric ult ure
Department in the ran k of village Level Exte ntion Worker
(VLEW) and A gric ultu re Exten sion Officer and one Elected
Gaon Panchayat Me nib er/Ga on Pan cha yat Pre sid ent of the
Gaon Panchay at concerned;
56 THE ASSAM GAZETTE, EXTRAORDINARY, JAN. 19 , 2005
(iii)
(b)
(c )
Election of 4. (1)
Pre sid ent and
Members of the
Man agin g
Committee of
Water Users'
Association.
(2)
(3)
(4)
(5)
(6)
Delinea tion of 5 .( 1 )
distributo r}, area
an d co nst itu tio n of
the Distributor),
Committee
me mb ers specified in claus e (i) an d (ii) sh all con stitut e t he General
Body for the W ater Users' Association.
A person eligib le to become a me mb er of mo re than one territorial
constituencies of a Water Users' As sociation u nd er (i) shall be entitled
to be a member of only one territorial con stitue ncy and he shall
exercise his option thereof as prescribed.
me mb ers spe cified i n cla use (i) shall alon e have th e r ight to vote.
Th ere sha ll be a Ma nagin g Co mmitt ee for ev ery W ater Users'
Associatio n. The member of the Manag ing C om mitte e o f the W ater
Use rs' Association shall be form the elec ted rep res entat ive of the
resp ective Water Users' Association an d the siz e of the com mittee
will vary from 4 to 1 0 memb ers dependin g on the size of the territorial
constitu ency.
The District Collector sh all m ake ar rang em ent for th e election of the
President of the Managing Com mittee of the W ater Users' Association
by direct e lection by the me tho d of secre t ba llo t in the ma nn er
prescri bed.
The District Collector shall also ma ke a rran ge men t for th e election of
Managing Com mittee consisting of one mem be r front each of the
territorial constituen cy of water user s' a rea by m eth od of secret ballot
in the ma nner p rescribed.
If a t an election held un de r s ub sec tion (2) an d (3) the P res ide nt or
the Members of the territoria l constitu ency of Water Users' Association
are not electeckfresh elections shall be held in the m an ne r prescribed:
Pro vided tha t the Govern me nt fo r th e reas ons to be re corded
in w riti ng may, from time to tim e, postp one t he election.
The Pre sident and the mem bers of tire Managi ng Comm itte e shall, if
no t rec alled earlier, be in office fo r a period of 3(th ree) years, from
the date of the first m eeting.
The Managing Committee shall exercise the po wers an d perforin the
fun ctio ns o f the Water U sers' Associatio n.
The Governm ent may by notification and in accor dan ce with the rules
mad e in this behalf, d elin eat e every comm and area of the irri gation
system com pris ing of one or more Wate r Users' Association, and
dec lare it to be a d ist rib uta ry area for the pur po se of this A ct
(2) The re shall be a Dis tributary Com mittee called by its local distinct
nam e for every distributary area declared as such und er sub-section (1).
THE ASSAM GAZETTE, EXTRAORDINARY, JAN. 19 , 2005 __ 57
Election of
Pre sident and
Co nst itut ion of
Man agin g
Committee.
Delineation of
proje ct area an d
constitut ion of
Project Committee.
(3) All the Presidents of the Water Users' Association in the distributary
area so long as they hold such Office, shall constitute the General
Body of the committee including two nomin ated official members.
One of them shall be an Assistant Engineer of Irrigation Departm ent
who shall wo rk as a coordinator between the va rious departments.
Water Users' Associations and Distribu tary Committees and the
second member shall act as adviser who shall be from Agriculture
Department in the rank of Agriculture Extension Officer.
6. (1) The re shall be a Man aging Com mit tee for every Dis trib uto r)'
Committee.
(2) The District Collector shall make arr angeme nt, in the manne r
prescribed, for the election by the method of secret ballot, of the
President and members of the Managing Comm ittee who shall not
be more than five from among the m embers of the General Body of
the Distributary Committee provided that the Government for the
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 no t 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 Distributary 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
par t thereof of an irrigation system and declare it to be a project area
for the pu rpose 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 Distrib utary Committee in the project area,
so long as they hold such office, shall constitute the General Body
for the Project Committee. The Project Comm ittee shall have two
nomin ated members one of whom shall act as a coordinator between
various dep artm ents and farm ers' org ani sation and shall be an
Executive Engineer of Irrigation Departm ent and the second member
shall act as advisor who shall be from Agriculture Depar tment in the
rank of District Agricultural Officer. The nominated members shall
not have right to vote.
58 THE ASSAM GAZETTE, EXTRAORDINARY, JAN. 19 , 2005
Election of
Chairma n and
con stitutio n of
Man agin g
Committee.
Apex Committee
8. (1) There shall be a Managing Committee for every Project Committee.
(2) The District Collector shall make arr ange me nt in the man ner
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 memb ers of the General Body of the Project
Com mittee:
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 unde r sub-section (2) , the Chairm an and the
members of the Managing Committee are not elected, from 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 p eriod of 3(three)
years from the date of its first meeting.
(5) The Managing Committee shall exerciseThe power and periorm the
functions of the Project Committee.
9. (1) The Government may by notification constitute an Apex Committee
with the following Memb ers:
(i ) Minister, Irrigation Department - Chairman ;
(ii) Five persons from amo ngst the Chairm an of the Project
Committees;
(iii) Two persons from the Local Non-G overnment 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 an d/o r 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.
(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 provision of
this Ac t,
(b ) give such directions to any farmers' organizatio n as may be
considered nec essary, in exercis ing th ei r po we rs and
performing their functions in accordance with the provisions
of this A ct.
THE ASSAM GAZETTE, EXTRAORDINARY, JAN. 19 , 3o(b ..__ 5 9
hiflccdure for 10. (1) A motion for recall of a Chairma n or Pr esiden t or a Managing
re ('a11' Comm ittee, as th e case may be, of a farmers' org anization may be
made by giving a written notice as may be prescrib ed, signed by not
less than one third of the total num ber of m emb ers of the farmers'
organization who are entitled to vote :
Provided that no notice of motion un de r this section shall be
mad e within one yea r of the date of assumption of office by the person
agai nst w hom th e motion is sough t to be mo ved.
(2) If the motion is carried w ith tfie supp ort of majorit y of the members
presen t and voting at a meetin g of the Gener al Body spec ially
conv ened for the purpose, the Distric t Collector or the Government
as the case may be, shall by order rem ove him from office and
res ulting vacancy shall be filled in the sam e ma nner as a casual
vacancy.
Constitution of j] ,
«lih-mmniitteein
fa r m e r s ’
organisation.
The Managing Comm ittee off ar m er s’organizatiori m ay constitute
sub-committees to carry o ut all or any of the fun ctio ns vested in each
organisation under this Act.
fa rm ers ’
organisation to
be a body
corporate.
Changes in
f a r m e r s ’
organisation.
12 . Every farme rs' organisation shall be a body corp orate wi th a d istinct
nam e having perp etua l succession and a comm on seal and subject
to the provisions of this Act vested w ith the capacity of entering into
contracts and of doing all things necessary, p roper or exped ient for
which it is constitute d and it shall sue o r be sue d in its corporate
nam e represente d by the Chairman or the Pre sid ent as th e case may
b e :
Provided that no farm ers' organisati on shall have th e powe r
to alie nate in any man ner any p rop erty vested to it.
13. The Govern men t may in the interest of the farmers' organisa tion in
the comm and area by the notification and in accordance with the rules
made in this behalf -
(a) form a new farm ers' organisation by sep arating the area from any
farm ers' organisation,
(b) increase th e area of any farmers' o rgan isation,
(c ) dirnish the area of any farmers' organisation,
(d) alte r the boundaries of any farm ers' org anisati on or
(e) cancel a notification issued und er this Act or rectify ing any mist ak e:
Prov ided tha t no such separation, increase, dim inution, alteration
and cancellation shall be effected unless a reasonab le opp ortunity is
given to the organisation likely to be affected.
60 THE ASSAM GAZETTE, EXTRAORDINARY, JAN. 19 , 2005
i Jualification of
'dict ates or
14 . No village em ployee and no officer or em ployee of the Gov en un eu t/"
of India or any State Government or of local aut hority 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 airm an, or Presiderm
or a m ember of the Managing Com mittee.
Explana tion - 1
(1) For the purp ose of this Section the expressio n village employee mean s
in relation to the State of Assam any person who hold s any of the
village offices such as Gaon Panchayat, Mahku ma Parishad or any
such village office by wh atev er design atio n it m ay be locally know n.
(2 ) No person who has been convicted by a criminal court for any offence
committe d und er any law for the time being in force involving mor a I
tur pitude shall be qualified for being chosen or for being a Chairma n
or Pres ident or a mem ber of a M anag ing C ommittee.
(3 ) A pers on shall be disqualifie d for b eing chose n as a C hairman or a
Pre sident or a mem ber of the Managing Com mittee if on the da te
fixed for scr utin y of nom ination s for ele ction or on the da te o f
nomination h eis -
(a) of un sou nd mind and stands so decla red by a com petent court.
(b) a defau lter of land revenue or w ate r tax o r charges p aya ble e ithe r to
the Governm ent or to the fa rme rs' organisation.
(c) interested in a subsisting contrac t made with or any work being don e
for, Gaon Pan cha yat or any State or Centr al Go vernm ent or th e
farm ers' organisati on or W ater U sers' As socia tio n:
Provided that a person shall not be dee med to have any interes I
in such contract or work by reason only of his ha vin g sha re or interes t
in -
(i) a comp any as a mere share ho lde r b ut no t as a Director, or
(ii) any lease, sale or pur cha se of immovea ble pro perty or any
agre ement for the same, or
(iii) any agreement for the loan of money or any security for the
pay ment of money only, or
(iv) any new spaper in which any advertisem ent rela ting to the
affairs of the farmers' orga nisation is i nser ted.
THE ASSAM GAZETTE, EXTRAORDINARY, JA NJTL _^005 ----- 61
-c> Explanation - II
For removal of doubt it is her eby declare d tha t wh ere a contract is
fully perfo rmed, it shall not be de eme d to be sub sisting merely on
the groun d tha t the Gram Panchayat the farme rs' organisa tion , the
State or Ce ntral Go ver nm ent has not pe rfo rm ed its pa rt of the
contractual obligation.
(4 ) A Cha irma n or a Pres iden t or a mem ber of Managing C omm ittee
shall also become disqualifie d to contin ue in office, if he -
(a) is convicted in a c riminal case involving moral tur pit ude, or
(b) re m ai ns ab se nt for th re e co ns ec ut iv e m ee tin g w ithou t
reasonab le c au se :
Provided tha t such disqualification un der item (b) shall not
ap ply in the case of wo me n wh o are in an ad va nc ed sta ge of
preg nancy and for a period of thre e mo nth s after delive ry.
Filling up of
vacancies.
15. (1) A vacancy arising eithe r due to disquali fica tion un de r sub-section
(4) of Section 14 or du e to death or resignatio n or by any reason, such
vacan cy shall be filled up by n omination in the follow ing ma nne r
(a) A vacancy in the Wate r U sers' Asso ciation shall be filled up
by nomi natio n by the Man agin g Co mm ittee of the Distribu tor y
Com mittee in th e mann er prescribed ;
(b) A vacancy in Distribu tory Comm ittee shall be filled up by
nom inat ion by the M anaging Comm ittee of the Pro ject Com mittee in
the ma nner p rescrib ed ; and
(c ) A vacancy in the Projec t Comm itte e shal l be filled up by
nom ination eith er by the Apex Comm ittee or by the Government in
the ma nne r prescribed.
(2) The District Collector shall take necessary s teps to conduct election,
to fill up any vacan cy caused within a period of one mo nth from the
date of occurence of such vacancy.
(3) The term of office of a m ember or a P res ide nt or a C hairm an of the
farm ers' organisa tion elected under sub- sect ion (2) shall expire at
the tim e at whi ch it would hav e expired , if he had be en elected a t the
o r d in a r y e le ct io n
62 T H E A S S A M G A Z E T T E , E X T R A O R D IN A R Y , JA N . 19, 20 05
Objects and 16 .
functions of the
farm ers’
organisation.
CHAPTER-III
The objects of the farmers' organisation shall be to promote and secure
distribution of water among its users, ade qua te main tenance of the
irrigation system, efficient and economical utilisatio n of water to
optim ize agricultural produ ction, to pr otect the environment and to
ensu re ecological balance by involving the farmers, to develop a sense
of ow nersh ip of the irrigation system in accordance with the water
bud get and the operational plan.
Functions of 17 . The Water Users'Asso ciation shall perform the following functions,
Water Users’ namely
Association.
(a) to prepare and imp lement a wa rab andi sche dule for each
irrigation season consiste nt with the o perational plan, based
up on the entitle ment, area soil and crop pin g patte rn as
appr oved by the Distributory C ommittee, or as the case may
be, the Project Co mm itte e;
(b ) to pre pare a plan for the maintena nce of system in the area of
its operation at the end of each crop season and to carry out
the maintenancew orks of both distributo ry system and minors
and field d rains in its area of oper ation w ith the funds of the
Association from time to tim e;
(c ) to regulate the use of water amon g the various ou tlets u nde r
its area of operation a ccording to the waraband i schedule of
the sy ste m;
(d) to prom ote economy in the use of water all ocate d;
(e) to ass ist the Rev enue De pa rtm en t in the prep aration of
demand and collection of water ra te s;
(f ) to maintain a regis ter of land and holders as per revenue
reco rd;
(g) to pre pare and maintain a register of co-opte d mem bers;
(h) to prep are and maintain an in vento ry of the irrig ation system
within the area of ope ration ;
(i ) to monitor flow of water for irr igati on ;
(j ) to resolve the disp utes, if any, betw een the Members and
Water Users in its area of ope ratio n;
(k) to raise reso urces;
(l) to maintain ac cou nts;
(m) to cause annual aud it of its a ccounts ;
(n) to assist in the conduct of election to the Managing Committee;
(o ) to maintain other records as may be p rescrib ed ;
T H E A S S A M G A Z E T T E , E X T R A O R D IN A R Y, JA N . 19, 2 0 0 5 ____63
(p) to abide by the decisions of the D istribut ary Comm ittee 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 regula, water budgeting and also to conduct
periodical social audit, as may be pre scribed.
Function of 18 . The Distrib utary Committee shall perform the following functions,
Distnbutory namely
Committee.
(a) to pre pare an operational plan based on its entitlement, area,
soil, crop ping pat tern at the beg inning of each irrig ation
seasons, consistent with the operational p lan prepare d by the
Project Commit tee;
(b) to prepare a plan for the maintenance of both distributary and
medium drains within its area of opera tion at the end of each
crop seasons and execute the main tenance of work s w ith the
fund of the Committee from time to tim e;
(c ) to regulate the use of water amo ng the vario us W ater Users'
Association u nder its area of operati on ;
(d) to res olv e di sp ut es , if any , be tw ee n the Wate r Us ers'
Associations in its area of o pe ratio n;
(e) to m aintain a register of Water Users' Association in its area
of ope ration ;
(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 ac counts;
(i) to cause annual au di t;
(j) to maintain other records as may be prescribed ;
(k) to monito r the flow of water for irri ga tio n;
(l) to conduct General Body meeting as may be p res cri bed;
(m) to abid e by the decision of the Project Com mittee;
(n) to cause regular water budgeting and also the periodical social
aud it as may be pre scr ibe d;
(o ) to assist in the conduct of election to the Managing Committee;
and
(p) to encourage avenue for pla ntation in its area of operation.
64 THE ASSAM GAZETTE, EXTRAORDINARY, JAN. 19 . 2005
Functions of
Project
Committee
Power to levy
and collect fee.
Appointment of
competent
authority and his
functions.
19 . The Project Com mitte e shall perf orm the following fu ncti ^s,
namely
(a) to approve operational pla n based on its entitle men t area, soil,
crop ping pattern as pr epa red by the com pete nt authority in
resp ect of the entire project area at the beginning of each
Irrigation s eas on;
(b) to approve a plan for the maintenan ce of irrigation system
inclu ding the major drains within its area of ope ration at the
end of each crop season and execute the main tenance work
with the funds of the Committee from time to tim e;
(c ) to m aintain a list of the Distributory Committees and Wate r
Users' Association in its area of op erati on ;
(d) to maintain an inventory of the .distribu tory and drainage
system in its area of o perat ion;
(e) to reso lve di sp ut es if any, be tw ee n the D is trib ut or y
Co mm itte e;
(f ) to promote economy in th e use of w at er ;
(g) to maintain accou nts;
(h ) to cause ann ual aud it of its acc ounts ;
(i) to maintain other records as may be p rescrib ed ;
(j ) to conduct General Body meeting as may be prescribed;
(k) to cause regula r water budg eting and also the periodical social
aud it as m ay be prescribed ; and
(l ) to encourage avenue plantation in its area of ope ration .
20. A farmers' org anization may, for carryin g out the pur pos e of this Act
and achieving the objects of the Association and per forming its
functions, levy and collect such fees as may be pre scribed from time
to time.
21. (1 ) The Governm ent may, by notification, ap poi nt such officers from tlie
Irrig ation or any othe r Go ve rnmen t or G ov er nm en t Aided
De partm ent as it may conside r nec essary to be the com pet ent
authori ty to every fa rmers' organisation fo r the purpo se of this A ct
(2) the competent authority appo inted un der sub-section (1) shall be
responsible to respective farmers' organization in the implementation
and execution of all decisions taken by the farm ers' organisation.
The office bearers of the committees of the farmers' organisati on shall
act voluntarily.
i
THE ASSAM GAZETTE, EXTRAORDINARY, JAN. 19 , 2005 65
Resources of
fanners'
organisation.
Offences and
penalties.
CHAPTER-IV
RES OURCE S
22. The fund of the farmers' organisation shall com prise of the following,
namely
(i) grant received from the Gov ernm ent as a share of the water
tax col lected in the area of op er at io n of the fa rm ers'
organisation;
(ii) such other funds as may be granted by the State and Central
Governmen t for the development of the area of o pe ratio n;
(iii) resources raised from any financing agency for unde rtaking
any economic deve lopment 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' orga nisation for the services
rendered in better management of the irrigation sys tem ; and
(vi) amoun t received from any oth er sources such as gr an t/
do na tio n/l oan on the basis of app rov al of the Man aging
Committee.
CHAP TER-V
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 th e w ater supply in or
the flow of water from, th rough , ove r or und er any irrigation
system,
(c ) being responsible for the maintenance of the irrigation system
neglects to take pro per precaution s for the pre ven tion of
wa sta ge of the wa ter thereo f or inter feren ce s with the
authorized distribution of water there from or use w ater in an
unau thorized manner or in such manne r as to cause d amage
to the adjacent land holdings,
(d) corrupts orfouls , water of any irrigation system so as to render
it less fit for the purpo ses for which it is ordina rily used,
(e) obstructs or remove any Level Marks o r Water Ga uge or any
other mark or sign fixed by the Au thority or a Public Servant,
and
66 THE ASSAM GAZETTE, EXTRAORDINARY, JAN. 19 , 2005
(f ) opens, shuts, or obstructs or atte mp ts to open, shu t or obstruct
an*; sluices or outlets or any oth er sim ilar struct ure s in any
irrigation system , shall, on a c om pla int ma de by a farm ers'
orga niza tion , if c onvicted, be pu nis hed wi th im prison me nt
which may extend to one year or with fines w hich may extend
to five t hou san d r upe es or w ith both.
Punishment 24.
under other laws
not barred.
Nothin g in this Act sha ll pre ven t any perso n being prosecuted and
pu nis hed un de r any o ther law for the time be ing in force for any act
or o mmissio n made pun ishable b y o r u nd er this A c t:
Provided tha t no per son shall be pro sec ute d and punished
for the same offences mo re tha n once.
Co mpo un ding o f 25. (1) Farmer s' organization ma y accept from any pers on w ho com mitted
o ff ences. o r i n r e S pe c t o f whom a re ason able belief can be inferred that he has
com mitted an offence pun ishable un de r this Act of tire rules made
there under , a sum of money not e xce eding Rupees two tho usa nd
by way of comp oun din g of such offence.
(2) On pay me nt of su ch sum of m oney, the sai d per son , if in c ustody,
shall be discharged an d no furthe r proc eed ing shall be tak en a gainst
him in re gar d to th e offences so com pounded.
CH APTER-V I
SETTLEMENT OF DISPUTES
Se ttl em en to f 26 . (1) Any dis pute or difference touching the c onstit ution, manag ement,
di sp ut es . po we rs Or fun ctions of a farme rs' orga nisatio n arisin g betwe en
mem bers, shall be det erm ined by the Ma nag ing Com mittee df the
Wat er Users' Association.
(2) Any such d ispute s or diffe rences arisin g b etw een a me mber and the
Man agin g Co mmittee or a W ater Use rs' Associati on o r b etw een two
or more Wate r Us ers ' As soc iation sh al l be de te rm in ed by the
Man aging C omm ittee of the D istr ibu tary Com mittee.
(3) Any such d isp ute or difference aris ing betw een a member and the
Man agin g C omm ittee of a Distr ibu tary Co mm itte e o r betwee n two
or more Distrib ut ar y Co mmittees sh al l be de te rm in ed by the
Man aging C omm ittee or the Project Com mittee.
(4) An y such disp ut e or dif ferenc e arisi ng be tw een a me mb er and
Man aging Comm ittee or Project Com mittee or b etw een two or more
Project Com mittees shall be determined by the Apex Committee,
wh ose de cisio n shall be final.
THE ASSAM GAZETTE, EXTRAORDINARY, JAN. 19, 2005
(5 ) Every dis pute or difference under this section shall be disposed of
within 15 (fifteen) days from the date of reference of the dispu te or
difference.
Appeals. 27. (1 ) A party to a dispute or difference aggrie ved by any decision m ade
or orde r passed by the Managing Committee of a Water Users'
Association may appeal within 15 days to the M anaging Committee
of the Distributory Committee whose decision there otfshall be final.
(2 ) ' Any party to a dispute or difference aggrieved by any decision made
or ord er passed by the Man agin g Co mm itte e of Distribu tor y
Committee may appeal to the Managing Committee of a Project
Committee within 15 days whose decision th ereon shall be final.
(3 ) Any party to a dispute or difference aggrieved by arty decision made
or orde r passed by the Managing Committee of a Project Committee
may appeal to the Apex Committee within 15 day s whose decision
thereof shall be final,
(4) Any appeal made unde r sub-section (1) or sub-section (2) or sub
section (3 ) shall be preferred within 1 5 days of commu nication of the
decision of the order to the person aggrieved.
(5) Every appeal unde r this section shall be disposed of within 15 days
from the date of filing of tire appeal.
CHAPTER-VII
MISCEL LAN EOU S
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 A ct;
(b ) a map of the area of operation of titr e farmers' organisation
along with the map of the structure and distributory. networks
prepa red in consultation w ith the Irrigation D epartme nt;
(c ) a statement of assets and liabilities;
(d) minutes book ;
(e) books of accounts showing receipt and pa ym ents;
(f ) books of accounts of all purchases and sales of goods by the
Associations;
(g ) a register of measurem ent book, level field books, work orders
and the lik e;
68 THE ASSAM GAZETTE, EXTRAORDINARY, JAN. 19 , 2005
Audit.
Rec overy of
dues.
Meetings.
Resignation.
Appo intment
of a
Comm issioner.
(h ) copies of aud it reports and enq uiry're ports ; "
(i) all such other accounts, records and docu ments as may be
prescribed from time to time.
(2) The books of acco unts and oth er rec ords shall be opene d for
informatio n to the member of the farmers' organisation.
29 . Every farmers' organisation shall get its accounts aud ited in the
manner prescribed.
30 . All the amounts payable or due to farm ers' organisatio n shall be
recovered as arrears of land revenue by local Land Revenue Officer
as per rules.
31 . The me eting of the far mers ' orga nisa tio n and the Manag ing
Comm ittee thereof at such intervals, the proc edure, the presidency
and the quorum thereof and the cessation of mem bership thereof
shall be such as may be prescribed.
32. (1) A member of Managing Committee of farm ers' organisation may
resign his office by a letter sent by a registered post or tend ered in
person to the Chairman or President of the Mana ging Committee
concerned.
(2) The Presiden t of the Managing Co mm ittee of a Wa ter Users'
Association may resign his office by a letter sent by registered post
or tend ered in person to the Presiden t of the Distributory Committee
concerned.
(3) The Pr es iden t of the Ma nag ing Co mmi tte e of a Di str ibutory
Committee may resign his office by a letter sent by registered po ste r
ten dered in person to the Chairm an of the Project Com mittee
concerned.
(4) The Chairm an of the Managing Committee of a Project Committee
may resign his office by letter sent by registered pos t or tendered in
person to the Chairm an of the Apex Committee.
(5 ) Such resignation as m entioned 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.
33. (i) The Government may by notification app oin t a C ommissioner to
exercise general control and superin tenden ce over the competent
authorities and the District Collector in performance of their functions
und er this Act of the rules mad e thereunder.
(ii) The pow ers to be exercised and the fun ctions to be perform ed by the
Commissioner shall be such as may be prescribed.
I III. ASSAM GAZETTE, EXTRAORDINARY, JAN. 19 , 2005 __ 69
■% Clransitional
^'A rrangem ent .
Authentication
of order s and
documents of
tiie farm ers ’
organisation.
Act not to lie
invalidated by
informality or
vacancy etc.
34 . The Government may, by notification, a ppo int an officer or officers
to exercise the pow ers and perform the functions of a farm ers'
organization and the Managing Committee thereof till such time such
farmers' organisation are duly constituted or reconstituted and such
• Managing Committee assumes office und er the provisions of this
Ac t.
35 . All permissions, orders, decisions and oth er doc uments of the
farmers' organisations shall be authenticate d by the sig nature of the
Chairman or President of the Managing Comm ittee or any other
Member of tire Managing Committee authorised by the Managing
Committee in this behalf.
36. No act of proceedings of the Man aging Com mittee of farm ers'
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. (I) The farmers' organisation shall keep their funds in a Nationalised
Dank or aCo-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 repaym ent 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 a pplied in or towards
the discharge of the loan for which such fund was create d and until
such loan is wholly discharged, it shall n ot be applied for any other
purpose.
Budget. 39 . The Managing Com mittee of the farmers ' orga nisation shall prep are
in such form in very financial year a budg et 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 approva l as may be prescribed.
2 Q ____THE ASSAM GAZETTE, EXTRAORDINARY , JAN. 19 , 2004
Power to 40, (1) If any difficulty arises in giving effect to the provisions of this Act or
remove as to the fir st co ns tit ution or re co ns tit ut io n of any farm ers'
difficulties. organisatio n after the commencement of this Act, th e Government,
as the occasion may require by order published in the Assam Gazette,
do anyt hing which app ears to them necessary for rem ovin g the
difficulty.
(2) All orders ma de un der sub-section (1) shall as soon as may be, after
they are. made, be placed on the table of the Assam Legislative
Asse mbly and shall be subject to much mod ificatio n by way of
amendments or repeal as the Legislative Assembly may make either
in the same session or in tire next session.
Savings. 41. (1) Nothing contained in this Act shall effect the rig ht or properties
vested in Gaori 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.
Protection of
acts done in
good faith.
42. (1) The State G overn ment may, by notification in the Official Gazette,
make rules for carrying out the purpo se of this Act.
(2) All rules made by the State Govern ment 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 perio d of n ot less than
fourteen days which may be comp rised in one session or two or
mo re succ essive sessions, and sha ll, un les s som e lat er date is
appo inted , take effect from the date of their publication in the Official
Gazette subjectto such modifications or annulments as the Legislative
Assembly may, dur ing the said period agre e to m ake so however,
, tha t any such modification or annulm ent shall be wi tho ut prejudice
to the valid ity of anything previously d one th ereu nder.
43. No suit, prosecution or other legal proceedings shall he institu ted
aga inst any person for anythin g which is in good faith done or
inten de d to be don e un de r this Act or un de r the rul es made
thereunder.
M. K. D E K A ,
Commissioner & Secy, to the Govt, of Assam,
Legislative Department, Dispur.
GUW AHAT I- Pr in te d & Pub lis he d by th e Dy. D irec to r (P & S) . D irec to ra te o f Ptg. & Sty ~
Assam , G uw ah at i-21 , (E x- G az ette ) No . 37 -5 00 -6 00 -1 9- 1- 20 05 .