The ODISHA PANI PANCHAYAT ACT, 2002.

1
ORISSA ACT 10 OF 2002
The 6th July, 2002
No. 9371- Legis - The following Act of the Orissa Legislative Assembly
having been assented to by the Governor on the 25th June, 2002 is hereby
published for general information.
An Act to provide for farmers' participation in the management of
irrigations systems and for matters connected therewith or Incident al
thereto.
Whereas in the State of Orissa, which is essentially an Agricultural State
depending on an efficient and equitable supply and distribution of water, which
is a National W ealth, ensuring optimum utilisation of water by farmers for
improvement of agricultural production is the utmost need;
And whereas scientific and systematic development and maintenance
of irrigation infrastructure is considered best possible through farmer's
participation;
And whereas such Farmer's Organisation have to be given an effective
role in the management and maintenance of the irrigation system for equitable
and dependable supply and distribution  of water;
And whereas it is necessary in the S tate of Orissa to enact a law for
farmer's participation in the management of irrigation systems by way of forming
Pani Panchayats;
Be it enacted by the Legislature of the S tate of Orissa in the Fif ty-third
year of the Republic of India as follows:
CHAPTER - I
PRELIMINARY
1. Short title, extent and commencement :– (1)  This Act may be called
the Orissa Pani Panchayat Act, 2002.
(2) It exte
nds to the whole of the State of Orissa.
*Published vide Orissa Gazette Ext. No. 1053 Dt. 08.07.2002.
The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 1053 Dated. 08 July, 2002.
2
(3) It shall come into force on such date as the Government may , by
notification in the Orissa Gazette appoint and different dates may  be appointed
for different areas and for  different provisions.
2. Definitions :– (1) In this Act, unless the context otherwise requires:
(a) "area of operation" in relation to Farmer's Organisation means
contiguous patch of land in the commanded area or an irrigation
system as may be notified for the purposes of this Act;
(b) "ayacut road" means a road within the area of operation of a
Farmer's Organisation for the purpose of irrigation and agriculture
but does not include a road vested in a Gram Panchayat, Panchayat
Samit, Zilla Parishad, Municipality, Muncipal Corporation of Roads
and Buildings Department of the Government;
(c) "chak" means an area irrigated by one outlet;
(d) "Chief Engineer/Chief Engineer and Basin Manager" Means
the Chief Engineer under whose jurisdiction the irrigation system
is situated and includes any of ficer specially notified by the
Government to perform all or any of the functions of the Chief
Engineer under this Act;
(e) "commanded area" means an area irrigated or capable of being
irrigated either by gravit ational flow or by lif t irrigation or by any
other method from a source funded by Government or by Co-
operative Society and includes every such area whether it is called
'ayacut' or by any other name under any law for the time being in
force;
(f) "competent authority" means the authority appointed under
Section 21;
(g) "distributary system" means and includes:-
(i) all main canals, branch canals, distribut aries and 1[minor
canals and sub-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 but does not include head
works, and
(iii) all field channels and other related channels and structures
under a outlet or pipe outlet;
(h) "Farmer's Organisation" means and includes:-
(i) Pani Panchayat at the primary level consisting of all the water
users, as constituted within a specified hydraulic boundary
of a major , medium, minor (flow an lif t-both surface and
ground water) and creek irrigation project s funded by
Government as constituted under Section 3;
1. Substituted by Act 4 of 2015, Dt. 11.02.2015.
3
(ii) Distributary Committee at the secondary level, as constituted
under section 5, and
(iii) Project Committee at the project level as constructed under
Section 7;
(i) "Field channel" includes a channel existing or to be constructed
by the Government or by the land holders or by any agency to
receive and distribute water from a  pipe outlet;
(j) "field drain" includes a channel excavated and maint ained by
landholder or by any other agency, To discharge waste or surplus
water from the land holding under a pipe outlet; and includes drains,
escape channels and other similar works existing or to be
constructed;
(k) "financial year" Means a year commencing from the 1st April of
the  relevant year to the 31st March of the ensuing year;
(l) "Financing Agency" means any organisation or bank in India
which lends money and includes 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 or any External Organisation such as European
Community, World Bank, Kreditanstalt Fur, Wioderaufbau (KFW),
Germany, Department for International Development (DFID), U.K.
Etc. for the development of the area of operation of the Farmer's
Organisation;
(m) "Government" means the State Government of Orissa;
(n) "hydraulic basis" means the basis for identifying a viable irrigated
areas served by one or more hydraulic structures such as head
works, distributaries, minors, pipe outlets and the like;
(o) "Irrigation system" means a system of irrigation for harnessing
water by different methods having several types such as major ,
medium, minor and creek irrigation system and other allied uses
from Government or Co-operative source and includes reservoirs,
open head channels, diversion systems, anicut s, lif t-irrigation
schemes, tanks, wells, and the like;
Explanation :
(i) "major irrigation system"  means irrigation system and an
irrigation project having irrigable commanded area or more
than 10.000 hectares;
(ii) "medium irrigation system" means irrigation system under
an irrigation project having irrigable command area of more
than 2.000 hectares and up to 10.000 hectares;
4
(iii) "minor irrigation system" means irrigation system under an
irrigation project having irrigable commanded area up to
2.000 hectares and shall include Lift- Irrigation Points and
Creek Irrigation Projects;
(p) "land  holder" means an owner of land or a tenant or both recorded
as such in the record of right s under the Orissa Survey and
Settlement Act, 1958;
Explanation :
(i) In case the recorded land holder is dead, his legal heirs will
be treated as land holders for the purposes of this Act;
(ii) In case the land is sold by the land holder through a
registered sale deed, the seller will cease to be the land
holder and the purchaser shall be treated as the land holder
for the purpose of this act;
(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 land holders in the area of operation;
(r) "notification" means a notification published in the Orissa Gazette,
and the expression 'notified ' shall be construed accordingly;
(s) "operational plan" means a schedule of irrigation deliveries with
details of the mode and duration of supplies drawn up for regulation
of irrigation in the commanded area of an irrigation system;
(t) "Pani Panchayat" means an organisation declared as such under
this Act consisting of such members as mentioned in Sub-section
(4) of Section 3;
(u) "prescribed" means prescribed by rules made under this Act;
(v) "warabandi" means a system of distribution of water allocation to
water users, by turn, according to an approved schedule indicating
the day, duration and the time of supply;
(w) "water allocation"  in relation to an irrigation system means
distribution of water determined from time to time by a Farmer's
Organisation in its area of operation; and
(x) "water user" means any individual or body corporate or a society
using water for agriculture and domestic purpose from an irrigation
work.
(2) Words and expressions used in this Act, but not defined, shall have
the same meaning as respectively assigned to them in the Orissa Irrigation Act,
1959 and the Orissa General Clauses Act, 1937.
5
CHAPTER - II
FARMER'S ORGANISATION
3. Delineation of water users area as Pani Panchayat and constitution
of Pani Panchayat :– (1) The Superintending Engineer of an irrigation project
may by notification and in accordance with the rules made under this Act, in this
behalf, delineate every commanded area under each of the irrigation systems
on a hydraulic basis ordinarily between 300 to 600 hect ares which may be
considered administratively viable; and declare it to be the area of a Pani
Panchayat for the purpose of this Act :
Provided that in respect of the commanded area under lif t irrigation
systems, the entire commanded area may , as far as possible, from a single
area of Pani Panchayat and may be notified as such by the concerned Excutive
Engineer of Orissa Lift Irrigation Corporation.
(2) Every Pani Panchayat's area shall be comprised of several chaks
which shall as far as possible cover the area irrigated by one outlet. The number
of chaks shall not be less than four or as may be specified by the concerned
Superintending Engineer :
Provided that there is no necessity of formation of any chak for constituting
a Pani Panchayat in case of Lift Irrigation Points having a commanded area of
less than 40 hectares.
(3) There shall be Pani Panchayat called by it s local distinct name for
every area as delineated under Sub-section (1) and the headquarters of such
Pani Panchayat shall be fixed in the same location.
(4) 1[(i)Every Pani Panchayat shall consist of all water users in the area
of a Pani Panchayat who are land holders in that area :
Provided that, where the area oi any Pani Panchayat comes under a
minor irrigation system, the Fishermen of that area who do not hold any land
therein but earn their livelihood by fishing may be admitted as members of the
Pani Panchayat in such manner and subject to such conditions as may be
prescribed.];
Explanation I :– A land holder 2[or Fisherman] may nominate any adult
member of his/ her family to be the member of the Pani Panchayat.
Explanation II :– A minor land holder  2[or Fisherman] shall be represented
by his/her legal guardian.
2[Explanation IIl:–  Where a Fisherman holds any land in the area of the
Pani Panchayat. he may be allowed to be a Member of the Pani Panchayat as
a land holder].
(ii) Government may, by notification nominate at least one of ficer each
from Dep artment of W ater Resources, Dep artment of Agriculture an d
Department of Revenue to be the members of the Pani Panchayat without
having the right to vote.
1. Substituted by O.G.E. No. 83 Dt. 20.1.2009
2. Inserted by O.G.E. No. 83 Dt. 20.1.2009
6
(5) Members specified in Clause (i) of Sub-clause (4) shall constitute of
General Body of a Pani Panchayat and shall have the right to vote.
4. Election of members of Chak Committee and that of the President
and members of the Executive Committee of Pani Panchayat  :–  1[(1) All
the land holders in a chak of the Pani Panchayat shall elect three members in
the manner as may be prescribed to form a chak committee in such a way that
there shall be one member from the upper reach, one from the middle reach
and one from the lower reach within the chak and one among those three shall
represent the chak in the Executive Committee of the Pani Panchayat on rota-
tion basis in each term of election, in the prescribed manner]
Provided that, in case of a Pani Panchayat which comes under a minor
irrigation system other than a Lift irrigation Point, if the number of chaks in that
Pani Panchayat is less than four and consequently the number of members
elected to represent in the Executive Committee being less than tour , the re-
maining members so fall short of four shall be elected by the members of the
General Body of the Pani Panchayat in such manner as may be prescribed :
Provided further that, in case of Lift Irrigation Points the members of the
Executive Committee of a Pani Panchayat shall be elected by the members of
the General Body of the Pani Panchayat in such manner as may be prescribed.
Explanation—  A person who holds land in more than one chak in a Pani
Panchayat, shall be eligibie to contest election to any one of the chak commit-
tees of the said Pani Panchayat of his choice];
2[(1 -a) the term of office of a member of a chak committee other than a
member elected to fill up a casual vacancy, shall be six years :
Provided that, the member whose term of office in the Executive Commit-
tee is declared, by lottery, to be three years in accordance with the provision of
sub-section (6), the term of office of that member including other members in
the chak committee shall also be three years.
(1-b) In case of a Pani Panchayat which comes under Minor
lrrigalion‘System other than Lift Irrigation Point, not more than two members
belonging to fisherman category who do not hold land therein, shall be elected
to the Executive Committee by the members of the General Body of the said
Pani Panchayat in such manner, as may be prescribed.];
(2) 3[Save as otherwise provided in sub-section (1) and sub-section (1-b)
there shall be an Executive Committee] for each Pani Panchayat consisting of
the representatives of the chaks elected by the land holders of each chak. In
case of Lift Irrigation Points the number of members of Executive Committee
shall not be less than four or more than ten.
2[(2-a) As nearly as may be but not less than one-third of the total number
of seats in the Executive Committee of every Pani Panchayat shall be reserved
for women and allotted by rot ation to different chaks in a Pani Panchayat in
1. Substituted by Act 4 of 2015, Dt. 11.02.2015
2. Inserted by O.G.E. No. 83 Dt. 20.1.2009
3. Substituted by O.G.E. No. 83 Dt. 20.1.2009
7
such manner as may be prescribed :-
Provided that, in case of a Pani Panchayat which comes under Minor
Irrigation System, if the number of chaks is less than four and in case of the Lift
Irrigation Points the procedure of resentation relating to allotment of seats by
rotation shall be such as may be prescribed.];
(3) 1[Subject to the provision of sub- section (1), the Superintending
Engineer ],shall cause arrangement s for the election of a member of the
Executive Committee from each chak by all the land holders of the chak by the
method of secret ballot in the manner prescribed. In case of Lift Irrigation Points
the Executive Engineer of Orissa Lift Irrigation Corporation or any other officer
authorised by Government in this regard shall cause arrangement s for the
election of the members of the Executive Committee of the Pani Panchayat.
(4) The Superintending Engineer shall make arrangements for the election
of the President of the Executive Committee of the Pani Panchayat by the
members of the Executive Committee by the method of secret ballot in the
manner prescribed. In case of Lift Irrigation Points the Executive Engineer of
Orissa Lift Irrigation Corporation or any other officer authorised by Government
in this regard shall make arrangements for the election of the President of the
Executive Committee by the method of secret ballot in the manner prescribed.
(5) If at an election held under Sub-sections (3) and (4) the members or
the President of the Executive Committee of the Pani Panchayat, as the case
may be, are not elected, fresh elections shall be held within a period of 90 days
from the date of such failure in the manner prescribed.
1[(6) The term of office of a member of the Executive Committee of a-
Pani Panchayat, other than a member elected to fill a causal vacancy, shall be
six years,;& before constitution of the first Executive Committee of Pani
Panchayat af ter the commencement of The Orissa Pani Panchayat
(Amendment) Act, 2008, the Superintending Engineer and in case of Lift Irrigation
Point, the Executive Engineer or any other officer referred to in sub-section (3)
shall, by means of lottery held in such manner as may be prescribed, by order,
declare that as nearly as possible one-half of the elected members shall hold
office for a term  elected members and the members elected after three years
shall hold office for a term of six years in order that one half of the members
shall retire every third year thereafter.
Explanation.- For removal of doubt it is hereby declared that the members
elected to the Executive Committee of any Pant Panchayat immediately before
commencement of the Orissa Pani Panchayat (Amendment) Act, 2008 shall
continue to remain in of fice in it s full term as per the provisions of this Act
existing immediately before commencement of the said Amendment Act.
(6-a) As soon as may be, af ter completion of election to the of fice of
members of the Executive Committee, the name oi elected members shall be
published in the prescribed manner and accordingly, the term of office of the
1. Substituted by O.G.E. No. 83 Dt. 20.1.2009
8
members of the Executive Committee of the Pani Panchayat shall begin on the
date of such publication.
(6-b) The President elected under sub-section (4) shall hold office for a
period of three years or so long as he continues to be a member of the Executive
Committee, whichever is earlier.]
(7) The Executive Committee shall exercise the powers and perform the
functions of the Pani Panchayat.
(8) The Executive Committee shall elect one secretary and one Treasurer
in the manner as may  be prescribed from among the members of the Executive
Committee to assist it s President. The Secret ary and the Treasurers shall
function at the pleasure of the majority members of the Executive Committee.
(9) Government may, by notification, nominate one officer not below the
rank of Junior Engineer of the Dep artment of Water Resources and another
officer not below the rank of Junior Agriculture Officer of the Dep artment of
Agriculture without having the right to vote, to be the permanent invitees to the
meeting of the Executive Committee.
5. Delineation of distributary area and constitution of Distributary
Committee :– (1) The Chief Engineer may, by notification and in accordance
with the rules made in this behalf delineate every commanded area of a major
irrigation system, comprising of one or more Pani Panchayat and declare it to
be a distributary area for the purpose of this Act.
(2) There shall be a Distribut ary Committee called  by it s local distinct
name for every distributary area declared as such under Sub-section (1).
(3) (a) Every Distributary Committee shall consist of all the Presidents,
Secretaries and Treasurers of the Pani Panchayats in the distributary area, so
long as they hold such of fice, and shall be General Body of the Distribut ary
Committee.
(b) Government may, by notification, nominate at least one officer each
from the Department of Water Resources, the Department of Agriculture and
the Department of Revenue to be the members of the Distributary Committee
without having the right to vote.
1[(4)  * * * ]
6. Election of President, Secretary, Treasurers and  constitution of
Executive Committee of Distribut ary Committee :– (1) There shall be an
Executive Committee for every Distributary Committee which shall consist of
the members elected from among the General Body of the Distribut ary
Committee in the manner prescribed and by the method of secret ballot and
shall not be more than nine.
(2) The members of the Executive Committee shall elect it s President
from among themselves in the manner prescribed and the Chief Engineer shall
make the arrangement for such election.
1. Deleted by O.G.E. No. 83 Dt. 20.1.2009
9
(3) If, at an election held under Sub-sections (1) and (2), the members
and the President of the Executive Committee are not elected, fresh elections
shall be held within a period of 90 days from the  date of failure in the prescribed
manner.
1[(4) The President, if not recalled earlier , and the members of the
Executive Committee of Distribut ary Committee shall hold of fice so long as
they continue to be members of the General Body of the said Committee]
(5) The Executive Committee shall exercise the powers and perform the
functions of the Distributary Committee.
(6) The Executive Committee shall elect one Secretary and one Treasurer
in the manner as may be prescribed from among the members of the Executive
Committee to assist it s President. The Secret ary and the Treasurers shall
function at the pleasure of the majority members of the Executive Committee.
(7) Government may, by notification, nominate one officer not below the
rank or Executive Engineer of the Department of Water Resources and another
officer not below the rank of District Agriculture Officer of the Dep artment of
Agriculture without having the right to vote, to be the permanent invitees  to the
meetings of the Executive Committee.
7. Delineation of project area and constitution of Project
Committee :– (1) The Government may, by notification and in accordance with
the rules made under this act in this behalf, delineate every commanded area
or part thereof, of a major irrigation system and declare it to be a project area
for the purposes of this Act. The Chief Engineer may by notification and in
accordance with the rules made under this act in this behalf, delineate the entire
area of a Minor or Medium Irrigation Projects as the project area.
(2) There shall be Project Committee called by its distinct name for every
project area declared under Sub-section (1).
(3) (a) Every Project Committee shall consist of all the President s,
Secretaries and Treasurers of the Distributary Committees in the Project area,
so long as they hold such office and shall be the General Body for the project
Committee.
(b) Government may, by notification nominate at least one officer each
from the Department of Water Resources, the Department of Agriculture and
the Department of Revenue to be the  members of the Project Committee without
having the right to vote.
2[(4)  * * *]
(5) The project area of a Medium and Minor (Flow) Irrigation Project shall
cover the entire commanded area of the Project. All the Presidents 3[Secretaries
and Treasurers]of the Pani Panchayats within the project area so long as they
1. Substituted by O.G.E. No. 83 Dt. 20.1.2009
2. Deleted by O.G.E. No. 83 Dt. 20.1.2009
3. Inserted by Act 4 of 2015, Dt. 11.02.2015
10
hold such office shall constitute the General Body for the Project Committee.
(6) In the irrigation systems having one Pani Panchayat, there shall be
no Distributary or Project Committee.
8. Election of President an constitution of the Executive Committee
of the Project Committee :– (1) There shall be an Executive Committee for
every Project Committee which shall consist of the members elected by the
General Body of the Project Committee in the manner prescribed and by the
method of secret ballot and shall not be more than nine.
(2) The members of the Executive Committee shall elect it s President
from among themselves in the manner prescribed and the Chief Engineer shall
make the arrangement for such election.
(3) If, at an election held under Sub-sections (1) and (2) the members
and the President of the Executive Committee are not elected, fresh elections
shall be held in the prescribed manner within a period of 90 days from the date
of such failure.
1[(4) The President, it not recalled earlier , and the members of the
Executive Committee of the Project Committee shall hold office so long as they
continue to be members of the General Body of the said Committee.]
(5) The Executive Committee shall exercise the powers and perform the
functions of the Project Committee.
(6) One Secretary and one Treasurer shall be elected from among the
members of the Executive Committee to assist it s President. The Secretary
and the Treasurer shall function at the Pleasure of the majority members of the
Executive Committee.
(7) Government may, by notification, nominate one officer not below the
rank of Executive Engineer of the Department of Water Resources and another
officer not below the rank of District Agriculture Officer of the Dep artment of
Agriculture without having the right to vote, be the  permanent invitees to the
meetings of Executive Committee.
9. State Level Committee :– (1) The Government may, by notification,
constitute a State Level Committee with such number of Presidents of the Project
Committees as may be considered necessary, but not exceeding ten.
(2) The Government may , by notification, nominate such number of
Government officials and professionals not exceeding ten as may be considered
necessary to be the members of the State Level Committee.
(3) The Committee under Sub-sections (1) and (2) may exercise such
powers and functions as may be necessary to–
(i) lay down the policies for implementation of the provisions of this
Act; and
(ii) give such directions to any Farmer's Organisation , as may be
1. Substituted by O.G.E. No. 83 Dt. 20.1.2009
11
considered necessary, in exercising their powers and performing
their functions in accordance with the provisions of this Act.
(4) The term of the S tate Level Committee shall be for a period three
years from the date of its constitution, which may be extended by the Government
for a further period till another Committee is constituted.
10. Procedure for recall :– (1) A motion for convening a special meeting
of the General Body for recall of a President of a Farmer's Organisation may be
moved by giving a written notice in the manner as may be prescribed, signed by
not less than one-third of the tot al number of members of the Farmer's
Organisation, who are entitled to vote:
Provided that no notice of motion under this section  shall be moved
within one year of the date of assumption of office by the person against whom
the motion is sought to be moved.
1[(2) Where a meeting is convened under sub-section (1) and the motion
is passed for recalling the President supported by not less than two-thirds majority
of the members present and voting, the Chief Engineer in case of Major, Medium
and Minor (Flow) Irrigation Project and the Executive Engineer in case of Lif t
Irrigation Point, shall, on receipt of the records of the proceedings of such
meeting, by order, remove the President from the of fice and the vacancy so
occurred shall be filled in the same manner as a casual vacancy.]
Provided that the quorum for the specially convened General Body shall
be 50 per cent of the total members of the General Body.
11. Constitution of sub-committees in Farmer's Organisation :– The
Executive Committee of a Farmer's Organisation may constitute sub-committees
from among its members to carry out all or any of the functions vested in each
such organisation under this Act.
12. Farmer's Organisation to be a Body Corporate :– Every Farmer's
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 in to contracts and of doing all things necessary,
proper or expedient for the purposes for which it is constituted and it shall sue
or be sued in its corporate name represented by the Secretary.
13. Changes in Farmer's Organisation :–  The authority competent to
delineate the boundary of a Farmer's Organisation may , in the interest of a
Farmer's Organisation in the commanded area by notification and in accordance
with the rules made in this behalf -
(a) form a new Farmer's Organisation by sep arating the area from
any Farmer's Organisation;
(b) increase the area of any Farmer's Organisation;
(c) diminish the area of any Farmer's Organisation;
1. Substituted by Act 4 of 2015, Dt. 11.02.2015
12
(d) alter the boundaries of any Farmer's Organisation;
(e) cancel a notification issued under this Act for rectifying any mistake :
Provided that no such sep aration, increase, diminution, alteration and
cancellation shall be effected unless a reasonable opportunity is given to the
organisation likely to be affected.
14. Disqualification of candidates or members:- (1) No of ficer or
servant of the Government of India or any State Government or of local authority
shall be qualified for being elected as or for being a President or a member of
the Executive Committee of a Farmer's Organisation.
(2) No person shall be qualified for being elected as a President or a
member of an Executive Committee who, on the date fixed for scrutiny of
nominations for election or on the date of nomination—
(a) has been convicted by a criminal Court of any of fence involving
moral turpitude committed under any law for the time being in
force;and
(b) is of unsound mind and has been so declared by a competent
Court; or
(c) is an applicant to be adjudicated as an insolvent or declared as an
insolvent or an undischarged insolvent; or
(d) is a defaulter of land revenue or water t ax or charges, p ayable
either to the Government or to a Co-operative Society or to the
Farmer's Organisation; or
(e) is interested in a subsisting contract made with, or any work being
done for, the Gram Panchayat, Panchayat Samit, Zilla Parishad
or any State or Central Government or the Farmer's Organisation:
Provided that a person shall not be deemed to have any interest in such
contract or work by reason only of his share or interest in :-
(i) a company as a mere shareholder but not as a Director ;or
(ii) any lease, sale for purchase of immovable property or any
agreement for the same; or
(iii) any news paper in which any advertisement relating to the affairs
of the Farmer's Organisation is inserted.
(3) A President or a Member of Excutive Committee shall also become
disqualified to continue in office if he :-
(a) is convicted a criminal case involving moral turpitude ;or
(b) absents himself from attending three consecutive meetings
without reasonable cause.
15. Filling up of vacancies :– (1) A vacancy arising either due to
disqualification under Sub-section (3) of Section 14 or due to death or resignation
or by any reason, shall be filled by up by nomination till the vacancy is filled up
13
in the manner prescribed.
(a) A vacancy in the Executive Committee of the Pani Panchayat shall
be filled by nomination by  the Executive Committee of the
Distributary Committee in the case of Major Irrigation Projects, or
by the Executive Committee of the Project Committee in case of
Medium and Minor Irrigation Projects, in the manner prescribed.
(b) A vacancy in the Executive Committee of the Distribut ary
Committee shall be filled by nomination by the  Executive
Committee of the Project Committee in the manner prescribed;
and
(c) A vacancy in Executive Committee of the Project Committee shall
be filled by nomination of the Government, in the manner
prescribed.
(2) The Chief Engineer or the Superintending Engineer or the Executive
Engineers, as the case may be, shall take necessary steps to conduct elections
to fill up any vacancy caused within a period of three months from the date of
occurrence of such vacancy.
(3) The term of of fice of a member of an Executive Committee or a
President of the Farmer's 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' ORGANISATIONS
16. Objects :– The objects of the Farmer's 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 optimise
agricultural production, to protect the environment, and to ensure ecological
balance by involving the farmers, inculcating a sense of ownership of the irrigation
system in accordance with the water budget and the  operational plan .
17. Functions of Pani Panchayat :– The Pani Panchayat shall perform
the following functions, namely:
(a) to prepare a cropping programme suitable for the soil and agro-
climatic condition with due regard to crop diversification;
(b) to prepare a plan for the maintenance of irrigation system in the
area of its operation at the end of crop season and carry out the
maintenance works of both distribut ary system and minor , sub-
minor and field drains in its area of operation 1[and head works of
Minor irrigation Systems other than Lift Irrigation Point under the
supervision ot the concerned Executive Engineers, out of the fund]
of the Pani Panchayat from time to time ;
1. Substituted by O.G.E. No. 83 Dt. 20.1.2009
(c) to manage the Lift Irrigation Points as may be handed over to the
Farmer's Organisation through a mutual agreement between two
parties, as my be prescribed;
(d) to regulate the use of water among the various pipe outlets under
its area of operation according to the  warabandi schedule of the
system;
(e) to promote economy in the use of water allocated;
(f) to assist the Revenue Department in the preparation of demand
and collection of water rates;
Explanation :– In case of European Community aided Minor Irrigation
(Flow) Projects, the Farmer's Organisation will be exempted from payment of
Water Tax to the Revenue Department as laid down in resolution No. 48049,
dated the 4th December, 1999 of the Department of Water Resources;
(g) to collect fees from the water users of the Lift Irrigation Points for
payment of energy charges, for repair, maintenance of machineries
and distribution system, future replacement of machines; etc.
(h) to maintain a register of land holders ;
(i) to prepair and maintain an inventory of the irrigation system within
the area of operation;
(j) to minor flow of water for irrigation;
(k) to resolve the disputes, if any, between the members and water
users in its area of operation;
(l) to raise resources ;
(m) to maintain accounts;
(n) to cause annual audit of its accounts;
(o) to assist in the conduct of elections to the Executive Committee;
(p) to maintain other records as may be prescribed;
(q) to abide by the decisions of the Distribut ary and Project
Committees;
(r) to conduct General Body meetings, as may be prescribed;
(s) to encourage avenue plantation on canal bunds and tank bunds
by leasing such bunds ;
(t) to conduct regular water budgeting; and
(u) to conduct periodical social audits, as may  be prescribed.
18. Functions of Distributary Committee:- The Distributary Committee
shall perform the following functions, namely :
(a) to prepare an operational plan based on its entitlement, area, soil,
cropping p attern at the beginning of each irrigation season,
consistent with the operational plan prep ared by the Project
Committee;
(b) to prepare a plan for the maintenance of both distribut aries and
field drains within it s area of operation at the end of  each crop
season and execute the maintenance works with the funds of the
Committee from time to time;
(c) to regulate the use of water among the various Pani Panchayats
under its area of operation ;
(d) to resolve disputes, if any , between the Pani Panchayat s in it s
area of operation ;
(e) to maintain an inventory of the irrigation system in the area of its
operation including drains;
(f) to promote economy in the use of water allocated;
(g) to maintain accounts ;
(h) to cause annual audit ;
(i) to minor other records as may be prescribed;
(j) to monitor the flow of water of irrigation;
(k) to conduct General Body meeting as may be prescribed;
(l) to abide by the decisions of the Project Committee;
(m) to cause regular water budgeting and the periodical social audit
as may be prescribed;
(n) to assist in the conduct of election to the Executive Committee ;
and
(o) to encourage avenue plantations in its area of operation.
19. Functions of the Project Committee :– (1) The Project Committee
shall perform the following functions, namely :
(a) to approve an operational plan based on its entitlement, area, soil,
cropping pattern as prepared by the competent authority in respect
of the entire project area at the beginning of each irrigation season;
(b) to approve a plan for the maintenance of irrigation system including
the major drains within it s area of operation at the end of each
crop season and execute the maintenance works with the funds
of the Committee from time to time;
(c) to maint ain a list of the Distribut ary Committees and Pani
Panchayats in its area of operation;
(d) to maintain an inventory of the distributary and drainage systems
in its area of operation;
(e) to resolve disputes, if any, between the Distributary Committees;
(f) to promote economy in  the use of water;
(g) to maintain accounts;
(h) to cause annual audit of its accounts;
(i) to maintain other records as may be prescribed;
(j) to conduct General Body meetings as may be prescribed;
(k) to cause regular water budgeting and the periodical social audit
as may be prescribed; and
(l) to encourage avenue plantations in its area of operation;
(2) In addition to the above functions, a Farmer's Organisation may
perform the  following functions, namely :
(a) to supply seeds, fertilizers and other input s and at rates to be
approved by the General Body;
(b) to market the agricultural product s of the members as may be
decided by the General Body;
(c) to undertake enterprise for value addition to the  product s of the
members as may be decided by the  General Body;
(d) to est ablish Agro Service Centre for providing services to the
farmers in their agricultural operations as may be approved by the
General Body; and
(e) to act as Self-help Group for providing credit to the members as
may be approved by the General Body.
20. Power to levy , collect fee and water t ax :– (1) A Farmer's
Organisation may for carrying out the performances of this Act, achieving the
objects of the organisation and performing it s function, levy and collect such
fees as may be prescribed by Government and/or decided by the organisation
from  time to time.
(2) In case of Lift Irrigation Points, the Farmer's Organisation shall fix a
water rate which may cover the cost of the energy charges and maintenance
charges of the project. In case a water user does not utilise any water in any
particular season, the Farmer's Organisation shall be competent to fix such
minimum charges as my be decided by the General Body of the Farmer's
Organisation. No water t ax will be collected by the Orissa Lif t Irrigation
Corporation from the members of the Farmer's Organisation.
(3) The Farmer's Organisation may collect water tax in such of the projects
and in the manner specified by the Government from time to time.
21. Appointment of competent authority and its functions:- (1) The
Government may by notification appoint such of ficer from the Dep artment of
Water Resources, or any other Dep artment or Corporation as they consider
necessary , to be the competent authority in respect of every Farmer's
Organisation for the purpose of this Act.
(2) The competent authority appointed under Sub-section (1) shall perform
such of the duties as may be prescribed.
CHAPTER - IV
RESOURCES
22. Resources of Farmer's Organisation :- The funds of the Farmer's
Organisation shall consist of the following, namely:
(a) funds as may be granted by the State and Central Government for
the development of the  area of operation;
(b) resources raised from any Financing  Agency for undertaking any
economic development activities in its area of operation;
(c) income from the properties and asset s managed by Farmer's
Organisation;
(d) fees collected by the Farmer's Organisation from the water users
for the services rendered in better management of the irrigation
systems; and
(e) amounts received from any other source including  M. L. A. Local
Area Development Fund and M. P. Local Area Development Fund,
etc.
CHAPTER - V
OFFENCES AND PENALTIES
23. Offences and penalties:- Whoever without any lawful authority:—
(a) damages, alters, enlarges or obstructs any irrigation system; or
(b) interferes with, increases or diminishes the water supply in, or the
flew of water from, through, over or under any irrigation system; or
(c) being responsible for the maintenance  of the irrigation system
neglects to take proper precautions for the prevention of wastage
of water thereof or interferes with the authorised distribution of
water therefrom or uses water in an unauthorised manner , or in
such manner as to cause damage to the adjacent landholding; or
(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; or
(e) obstructs or removes any level marks or water gauge or any other
mark or sign fixed by the authority of a public servant; or
(f) opens, shuts or obstruct s or attempt s to open, shut or obstruct
any sluice or outlet or any other similar contrivance in any irrigation
system,
shall, on conviction, be punished with imprisonment which may extend
to one month or with fine which may extend to two hundred rupees or , with
both.
24. Punishment under other laws not barred :– Nothing in this Act
shall prevent any person from being prosecuted an punished under any other
law for the time being in force of any act or omission made punishable by or
under this act:
Provided that no person shall be prosecuted and punished for the same
offence more than once.
25. Compounding of offences:- (1) A Farmer's Organisation may accept
from any person who committed or in respect of whom a reasonable belief can
be inferred that he has committed an offence punishable under this Act or the
rules made thereunder, a sum of rupees one hundred or an amount equivalent
to the loss caused to the Farmer's Organisation which ever is higher as a
consideration for 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 t aken against him in
regard to the offence, so compounded.
CHAPTER - VI
SETTLEMENT OF DISPUTES
26. Settlement of disputes:- (1) Any dispute or difference touching the
constitution, management, powers of functions of a Farmer's Organisation
arising between members shall be settled by the Executive Committee of the
concerned Farmer's Organisation.
(2) Any such dispute or dif ference arising between a member and the
Executive Committee of a Pani Panchayat or between two or more Pani
Panchayats shall be settled by the Executive Committee of the Distribut ary
Committee.
(3) Any such dispute or dif ference arising between a member and the
Executive Committee of a Distribut ary Committee or between two or more
Distributary Committees shall be settled by the Executive Committee of the
Project Committee.
(4) Any such dispute of dif ference arising between a member and the
Executive Committee of a Project Committee or between two or more Project
Committees shall be by the S tate Level Committee, whose decision shall be
final.
(5) Every dispute or dif ference specified under this section shall be
disposed of within thirty days from the date of reference of the dispute or
difference.
27. Appeals :– (1) A party to a dispute or dif ference aggrieved by any
decision made or order passed by the Executive Committee of a Pani Panchayat
may prefer an appeal to the Executive Committee of the Distributary Committee,
whose decision thereon shall be final.
(2) Any party to a dispute or difference aggrieved by any decision made
or order passed by the Executive Committee of a Distributary Committee may
prefer an appeal to a Project Committee, whose decision thereon shall be final.
(3) Any party to dispute or difference aggrieved by any decision made or
order passed by the Executive Committee of a Project Committee may prefer
an appeal to the State Level Committee, Whose decision thereon shall be final.
(4) In case of Lift Irrigation Points, any dispute between a member and
the Executive Committee and between the members, of the Executive
Committee, which can not be resolved by the Executive Committee, shall be
placed before any competent authority as may be prescribed, whose decision
shall be  final and binding.
(5) Any appeal under Sub-section (1) or Sub-section (2) or Sub-section
(3) or Sub-section (4) shall be preferred withis fifteen days of communication of
the dicision or the order to the person aggrieved.
CHAPTER - VII
MISCELLANEOUS
28. Accounts, records and documents to be kept by the Farmer's
Organisation :- (1) Every Farmer's Organisation shall keep at it s office the
following accounts, records and documents, namely :
(a) an up-to-date copy of this Act and the Rules made thereunder;
(b) a map of the area of operation of the Farmer's Organisation
alongwith map of the structures and distributary networks prepared
in consultation with the Department of Water Resources;
(c) a list of members;
(d) a statement of the assets and 

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