LexThe Telangana Farmers Management of Irrigation Systems Act, 1997.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA FARMERS’ MANAGEMENT OF IRRIGATION
SYSTEMS ACT, 1997.
(ACT NO. 11 OF 1997)
ARRANGEMENT OF SECTIONS
Sections
CHAPTER - I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER -II
FARMERS’ ORGANISATION
3. Delineation of water users’ area and constitution of an
association.
4. Election of President, Vice-President and Members of
the Managing Committee of Water Users’ Association.
5. Delineation of distributory area and constitution of the
Distributory Committee.
6. Election of President, Vice-President and constitution of
Managing Committee.
7. Delineation of project area and constitution of Project
Committee.
8. Election of Chairman, Vice-Chairman and constitution of
the Managing Committee.
9. Apex Committee.
10. Procedure for recall.
11. Constitution of sub-committees in farmers’ organization.
12. Farmers’ Organisation to be a Body Corporate.
13. Changes in Farmers’ Organisation.
2 [Act No. 11 of 1997]
14. Disqualifications of candidates or Members.
15. Filling up of Vacancies.
Chapter - III
Objects and Functions of the Farmers’ Organisations
16. Objects.
17. Functions of Water Users’ Association.
18. Functions of Distributory Committee.
19. Functions of Project Committee.
20. Power to levy and collect fee.
21. Appointment of competent authorities and their
functions.
CHAPTER - IV
RESOURCES
22. Resources of Farmers’ Organisation.
CHAPTER - V
Offences and Penalties.
23. Offences and Penalties.
24. Punishment under other laws not barred.
25. Composition of offences.
CHAPTER - VI
Settlement of disputes
26. Settlement of disputes.
27. Appeals.
CHAPTER - VII
MISCELLANEOUS
28. Records.
[Act No. 11 of 1997] 3
29. Audit.
30. Recovery of dues.
31. Meetings.
32. Resignation.
33. Appointment of a Commissioner.
34. Transitional arrangements.
35. Authentication of orders and documents of the Farmers’
Organisation.
36. Acts not to be invalidated by informality or vacancy etc.
37. Deposit and administration of the funds.
38. Sinking Fund.
39. Budget.
40. Protection of acts done in good faith.
41. Power to remove difficulties.
41-A. Power to give directions.
41-B. Revision by the Government or the Commissioner.
42. Savings.
43. Power to make rules.
THE TELANGANA FARMERS‟ MANAGEMENT OF
IRRIGATION SYSTEMS ACT, 1997.1
ACT No.11 OF 1997.
CHAPTER - I
PRELIMINARY
1. (1) This Act may be called the 2Telangana Farmers‟
Management of Irrigation Systems Act, 1997.
(2) It extends to the whole of the State of 2Telangana.
(3) I t shall come into force on such date as the
Government may, by notific ation in the 2Telangana Gazette,
appoint and they may appoint different dates for different
areas and for different provisions.
2. (1) In this Act, unless the context otherwise requires,-
(a) “area of operation” in relat ion to farmers
organisation means a contiguous block of land in the
command area of an irrigation system as may be notifi ed for
the purposes of this Act;
(b) “ayacut road” means a road within the area of
operation of a farmers‟ organisation for the purpose of
irrigation and agriculture but does not include a road vested
in a Gram Panchayat, Mandal Praja Parishad, Zilla Praja
1. The Andhra Pradesh Farmers‟ Management of Irrigation Systems Act,
1997 received the assent of the Governor on the 7 th March, 1997. The
said Act in force in the combined State, as on 02.06.2014, has been
adapted to the State of Telangana, under section 101 of the Andhra
Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the
Telangana Ada ptation of Laws Order, 2016, issued in G.O.Ms.No.45,
Law (F) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Short title, extent
and
commencement.
Definitions.
2 [Act No.11 of 1997]
Parishad, Municipality, Municipal Corporation or Roads and
Buildings Department of the Government;
3[(bb) “Chief Engineer” means the Chief Engineer o f
Irrigation and Command Area De velopment Department,
who is incharge of concerned Farmers Organisations;
(bbb) “Commissioner” means an officer appointed by
the Government as Commissioner under section 33;]
(c) “command area ” means an area irrigated or
capable of being irrigated either by gravitational flow or by
lift irrigation or by any other method from a government or
the corporation source and includes every such area
whether it is called „ayacut‟ or by any other name und er any
law for the time being in force;
4[(d) “Competent authority (Agriculture) ” means an
officer of the Agriculture Department appo inted as such
under section 21;
(dd) “Competent authority (Engineering) ” means an
officer of an Engineering Department appointed as such
under section 21;]
(e) “corporation” means the 5Telangana Water
Resources Development Corporation constituted under the
5Telangana Water Resources Development Corporation Act,
1997;
(f) “distributory system” means and includes,-
3. Inserted by Act No.7 of 2003.
4. For clause (d) clauses (d) and (dd) substituted by Act No.7 of 2003.
5. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Act 12 of 1997.
[Act No.11 of 1997] 3
(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 channel s
and structures under a pipe outlet;
(g) “District Collector ” means the Collector of the
district in which the irrigation system is situate and includes
any officer specially notified by the Government to perform
all or any of the functions of the District Collector under this
Act;
(h) “drainage system” in relation to an irr igation
system includes,-
(i) channels either natural or artificial , for the
discharge of waste or surplus water and all works
connected therewith or ancillary thereto;
(ii) escape channels from an irrigation or
distribution system and other works connected therewith,
but does not include works for removal of sewage;
(iii) all collecting drains and main drains to drain off
surplus water from field drains; and
(iv) all field drains and relate d structures under pipe
outlets;
(i) “farmers‟ organisation” wherever it occurs, shall
mean and include,-
4 [Act No.11 of 1997]
(i) water users association at th e primary level
consisting of al l the water users, as constituted under
section 3;
(ii) distributory committee at the secondary level, as
constituted under section 5; and
(iii) project committee at the project level, as
constituted under section 7;
(j) “field channel” includes a channel existing or to be
constructed by the Government or by the land holders or by
any agency to receive and dist ribute water from a pipe
outlet;
(k) “field drain ” includes a channel excavated and
maintained by the land holder or by any other agency, to
discharge waste or surplus water from the land holding
under a pipe outlet; and includes drains, escape channels
and other similar works existing or to be constructed;
(l) “financial y ear” means a year commencing from
the 1st April of the relevant year to the 31st March of the
ensuing year;
(m) “financing agency” means any commercial bank,
or any co -operative society or any other bank or
organisation established or incorporated under any law, for
the time being in force, which lends money for the
development of the area of operati on of the farmers‟
organisation;
(n) “Government” means the State Government of
6Telangana;
6. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
[Act No.11 of 1997] 5
(o) “hydraulic basis” means the basis for identifying a
viable irrigated area served by one or more hydraulic
structures such as headworks, distributories, mi nors, pipe
outlets and the like;
(p) “irrigation system ” means such major, medium
and minor irrigation system for harnessing water for
irrigation and other allied uses from Government or
Corporation source and includes reservoirs, open head
channels, diversion systems, anicuts, lift irr igation schemes,
tanks, wells and the like,-
Explanation: (1) „ Major Irrigation system ‟ means
irrigation system under Major Irrigation Project having
irrigable command area of more than 10,000 hectares.
7[Such system may have three tiered farmers organisation,
namely;-
(i) Water Users Association at primary level;
(ii) Distributory Committee at Secondary level; and
(iii) Project Committee at Project level;]
(2) „Medium Irrigation system‟ means irrigation
system under Medium Irrigatio n Project having irrigable
command area of more than 2000 hectares and upto 10,000
hectares. 7[Such system m ay have two ti ered farmers
organisation, namely:-
(i) Water Users Association at primary level; and
(ii) Project Committee at Project level.]
7. Added by Act No.7 of 2003.
6 [Act No.11 of 1997]
(3) „ Minor Irrigation system ‟ means irrigation system
under minor irrigation project having irrigable command
area upto 2,000 hectares. 8[Such system may have single
tiered farmers organisation, namely:-
Water Users Association;]
(q) “land holder ” means an owner and or a tenant
recorded as such in the record of rights under the
9Telangana Record of Rights in Land Act , 1971 in respect of
land in the notified ayacut area of an irrigation system;
(r) “maintenance” means execution of such works on
the irrigation system as are necessary to ensure that the
physical system designed to the standards operates for
proper distribution of water to the land ho lders in the area of
operation;
(s) “notification” means a notification published in the
10Telangana Gazett e, and the expression „notified‟ shall be
construed accordingly;
(t) “operational plan ” means a schedule of irrigation
deliveries with details of the mode and duration of supplies
drawn up for regulation of irr igation in the command area of
an irrigation system;
(u) „prescribed‟ means prescribed by the Government
by rules made under this Act;
11[(uu) “Superintending Engineer” means the
Superintending Engineer of Irrigation and Command Area
8. Added by Act No.7 of 2003.
9. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
10. Substituted by G.O.Ms.No.45, Law (F) Department, dated
01.06.2016.
11. Inserted by Act No.7 of 2003.
Act 26 of 1971.
[Act No.11 of 1997] 7
Development Department incharge of c oncerned Farmers ‟
Organisations;]
(v) “warabandi” means a system of distribution of
water allocation to water users by turn according to an
approved schedule indicating the day, duration and the time
of supply;
(w) “water allocation” in relation to an irrigation
system means distribution of water determined from time to
time by a farmers' organisation in its area of operation;
(x) “water user” means and includes any individual or
body corporate or a society using water f or ag riculture,
domestic, power, non -domestic, commercial, industrial or
any other purpose from a government or the corporation
source of irrigation.
(2) The words and expressions used in this Act, but not
defined, shall have the same meaning assigned to them in
the 12Telangana Irrigation Utilisation and Command Area
Development Act, 1984.
CHAPTER - II
FARMERS‟ ORGANISATION
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
systems on a hydraulic basis which may be administratively
viable; and declare it to be a water use rs‟ area for the
purpose of this Act:
12. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Delineation of
water users‟ area
and constitution
of an association.
Act 15 of 1984.
8 [Act No.11 of 1997]
Provided that in respect of the command area under
the minor and lift irrigation systems, the entire command
area may, as far as possible form a single water users area.
13[(2) Every water users Area shall be divide d into
Territorial Constituencies which shall be six in Minor
Irrigation systems and twelve in Major and Medium Irrigation
Systems.]
(3) There shall be a water users ‟ association called by
its local distinct name for every water users' area delineated
under sub-section (1).
(4) Every water users‟ association shall consist of the
following members, namely:-
(i) all the water users who are land holders in a water
users area:
Provided that where both the owner and the tenant
are land holders in respect of the same land, the tenant:
14[Provided further that any person who is in lawful
possession and enjoyment of the land under a water
source, on proof of such possession and such enjoyment in
a crop year, may claim membership notwithstanding
whether he is a recorded land holder or not, in which case
the Water Users Association shall not refuse the
membership of such person for the purpose s of this Act,
and such person shall be liable to pay the water charges
and the fees as may be prescribed as if he is a land holder
under a water source.]
13. Sub-section (2) substituted by Act No.7 of 2003.
14. Added by Act No.1 of 1999.
[Act No.11 of 1997] 9
(ii) all other wate r users co -opted in a water users‟
area;
(iii) members specified in clause (i) a nd (ii) shall
constitute the general body for a water users association;
(iv) a person eligible to become a member of more
than one territorial constituency of a water users association
under clause (i) shall be entitled to be a member of only one
territorial constituency and he shall exercise h is option
thereof as prescribed;
(v) members specified in clause (1) shall alone have
the right to vote.
15[4. (1) There shall be a Managing Committee for each
Water Users ‟ Association comprising members of the
Territorial Constituencies as specified in sub -section (2) of
section 3 elected directly by the Water Users as specified in
clause (i) of sub-section (4) of section 3 of the Act from their
respective Territorial Constituencies:
16[Provided that two members nominated by the Gram
Panchayat of whom one shall be a woman, shall be the
members of the Managing Committees of Minor Irrigation
Water Users‟ Associations, without voting r ights, in the
manner prescribed.]
(2) The Managing Committee for water Users
Association shall be a continuous body, with 17[one third of
its elected members ] thereof retiring every two years as
specified in sub-section (3).
15. Substituted with marginal heading by Act No.7 of 2003.
16. Proviso added by Act No.39 of 2005.
17. Substituted by Act No.39 of 2005.
Election of
President, Vice-
President and
Members of the
Managing
Committee of
Water Users‟
Association.
10 [Act No.11 of 1997]
(3) The term o f office of the members of the T erritorial
Constituencies shall, if not recalled or removed or
disqualified under the provisions of the Act, shall be six
years f rom the date of first meeting o f the Managing
Committee appointed by the Commissioner:
Provided that at the first election, all the Territorial
Constituency members shall be elected at one time, out of
which one third of the members thereof shall retire as soon
as may be on the completion of two years, another one third
members shall retire after completion of four ye ars and the
remaining one third shall re tire after completion of six years
in office and their terms of retirement shall be decided by
drawal of lots.
(4) The term of office of all the Territorial Constituency
members elected subsequent to the first election against the
vacancies of retirement, as specified in sub-section (3) shall
be o f six years, if not recalled or removed or disqualified
under the provisions of the Act.
(5) The District Collector shall cause arrangements for
the election of a managing committee consisting of one
member from each of the Territorial Constituencies of a
Water Users area by a simplified election pro cedure in the
manner prescribed:
Provided that for the reasons to be recorded in writing
the Government may, from time to time, postpone the
elections.
(6) The District Collector shall also cause arrangements
for the election of a President and a Vice-President of the
managing committee from among the members of the
managing committee of the water u sers association in the
manner prescribed:
[Act No.11 of 1997] 11
Provided that for the reasons to be recorded in writing,
the Government may, from time to time, postpone the
elections.
(7) If at an election held under sub-sections (5) and (6),
the President or the Vice -President or the members of the
Territorial Constituencies of water users association are not
elected, fresh elections shall be held in the manner
prescribed.
(8) The President and the Vice -President of the
Managing Committee of the water users association shall , if
not recalled or removed or disqualif ied by the provisions of
the Act, be in office for a period of two years from the date of
election or his tenure as member of Territorial Constituency,
whichever is earlier.
(9) The term of office of the President, the Vice -
President and the members of Managing C ommittee of all
the water users associations formed, subsequent to ordinary
election, shall also expire at the time at which it would have
expired, if he had been elected at the ordinary election, be
reckoned from the date as appointed by the Comm issioner,
as specified in sub-section (3).
(10) The Managing Committee shall exercise the
powers and perform the functions of the water users
association.]
5. (1) The Government may, by notification and in
accordance with the rules made in this behalf, delineate
every command area of the irrigat ion system, 18[comprising
of five or more] water users‟ associations, and declare it to
be a distributory area for the purpose of this Act.
18. Substituted by Act No.7 of 2003.
Delineation of
distributory area
and constitution
of the distributory
committee.
12 [Act No.11 of 1997]
(2) There shall be a distributory committee called by its
local distinct name for every distributor y area declared as
such under sub-section (1).
(3) All the Presidents of the water users associa tions in
the distributory area, so long as they hold such office, shall
constitute the general body of the committee.
6. 19[(1) There shall be a managing committee fo r every
Distributory Committee c onsisting of all t he members of the
General Body:]
20[Provided that all President s of the Mandal Praja
Parishads within the di stributory area nomin ated by the
District Collector shall be the members of the Managing
Committee of the Distributory Committee without voting
rights, in the manner prescribed.]
21[(2) The District Collector shall cause arrangements
for the election of the President and V ice-President from
among the members of the Managing Commi ttee of the
Distributory Committee, in the manner prescribed:
Provided that for the reasons to be recorded in writing,
the Government may postpone the elections from time to
time.]
(3) If, at an election held under sub -section (2), 21[the
President or the Vice -President] are not elected, fresh
elections shall be held in the prescribed manner.
19. Substituted by Act No.7 of 2003 and the word “Vice -President” in the
marginal heading inserted by Act No.7 of 2003.
20. Added by Act No.39 of 2005.
21. Substituted by Act No.7 of 2003.
Election of
President, [Vice-
President] and
Constitution of
Managing
Committee.
[Act No.11 of 1997] 13
22[(4) The term of office of the President, the Vice -
President and the members of t he Managing Committee of
the Distributory Committee shall, i f not recalled or removed
or disqualified under the provisions of the Act earlier, be
coterminus with the term of the general body specified in
sub-section (3) of section 5.]
(5) The Managing Committee shall exercise the powers
and perform the functions of the distributory committee.
7. (1) The Government may by notification and in
accordance with the rules made under this Act, in this
behalf, delineate every command area or part thereof, of an
irrigation system and declare it to be a project area for the
purposes of this Act.
(2) There shall be a project committee called by its
distinct name for every project area declared under sub -
section (1).
23[(3) In Major Irrigation Systems, all the Presidents o f
the Distributory Committees in the P roject Area, so long as
they hold such office, shall constitute t he general body of
the Project Committee:
Provided that such Project Committee shall have a
minimum strength of five members.
(4) In the Medium Irrigation Systems, all the Presidents
of the Water Users ‟ Association in the project area, so long
as they hold such office, shall constitute the general body of
the Project Committee:
22. Substituted by Act No.7 of 2003.
23. For sub-section (3), sub-sections (3) and (4) substituted by Act No.7
of 2003.
Delineation of
Project area and
constitution of
Project
Committee.
14 [Act No.11 of 1997]
Provided that such P roject Committee shall have a
minimum strength of five members.]
8. 24[(1) There shall be a M anaging Committee for every
Project Committee consisting of all the members of the
general body:]
25[Provided that all Members of the Legislative
Assembly, 26[Members of the Legislative Council ], all the
Members of the Parliament and Chairpersons of Zilla Praja
Parishads within the Major Project area nominated by the
Government shall be the members of the Managing
Committee of the Major Project Committee without voting
rights, in the manner prescribed:
Provided further that all Members of the Legislative
Assembly, 26[Members of the Legislative Council ], all
Members of the Parliament and Presidents of 27[Mandal
Praja Parishads] within the Medium Project area nomi nated
by the District Collector shall be the members of the
Managing Committee of the Medium Project Committee
without voting rights, in the manner prescribed.]
28[(2) The District Collector shall cause arrangements,
for the election of the Chairman and the Vice-Chairman from
among the members of the Managing Committee of the
Project Committee, in the manner prescribed:
Provided that for the reasons to be recorded in writing,
the Government, may postpone the election from time to
time.]
24. Substituted by Act No.7 of 2003 and the word “Vice-Chairman” in the
marginal heading inserted by Act No.7 of 2003.
25. Added by Act No.39 of 2005.
26. Inserted by Act No.41 of 2008.
27. Substituted by Act No.41 of 2006.
28. Substituted by Act No.7 of 2003.
Election of
Chairman [Vice-
Chairman] and
constitution of the
Managing
Committee.
[Act No.11 of 1997] 15
(3) If , at an election held under sub -section (2) the
29[Chairman and Vice -Chairman] are not elected, fresh
elections shall be held in the prescribed manner.
29[(4) The term of the office of the Chairman, Vice -
Chairman and the members of the Managing Committee of
Project Committee shall if not recalled or removed or
disqualified under the provisions of the Act earlier, be
coterminus with the term of general body specified in sub -
section (3) and sub-section (4) of section 7.]
(5) The Managing Committee shall exercise the powers
and perform the functions of the project committee.
9. (1) The Government may, by notification , constitute an
Apex Committee with such number of members as may be
considered necessary.
(2) The Committee, constituted under sub -section (1),
may exercise such powers and functions as may be
necessary to,-
(a) lay down the policies for implementation of the
provisions of this Act; and
(b) give such directions to any farmers‟ organisation,
as may be considered necessary , in exercising their powers
and performing their functions in accordance with the
provisions of this Act.
10. (1) A motion for recall of 29[a Chairman or Vice-
Chairman or President or Vice -President] or member of a
managing committee, a s the case may be, of a farmers‟
organisation may be made by giving a written notice 29[as
may be prescribed to the c ompetent authority (Engineering)
29. Substituted by Act No.7 of 2003.
Apex Committee.
Procedure for
recall.
16 [Act No.11 of 1997]
of the respective farmers‟ organisation], signed by not less
than one third of the total number of members of the
farmers‟ organisation, who are entitled to vote:
Provided that no notice of motion under this section
shall be made within one year of the date of assumption of
office by the person against whom the motion is sought to
be moved.
(2) If the motion is carried with the support of majority
of the members present and voting at a meeting of the
general body specially convened for the purpose, 30[the
competent authority ( Engineering)] shall by order remove
him from office and the resulting vacancy shall be filled in
the same manner as a casual vacancy.
11. The Managing C ommittee of a farmers‟ organisation
30[shall] constitute sub-committees to carry out all or any of
the functions vested in each organisation under this Act.
12. Every farmers‟ organisation shall be a body corporate
with a dist inct 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 ex pedient for the
purposes for which it is constituted and it shall sue or be
sued in its corporate name represented by the chairman or
the president, as the case may be:
Provided that no farmers ‟ organisation shall have the
power to alienate in any manner, any property vested in it.
13. 30[The Government or the District Collector] may in the
interest of a farmers‟ organisation in the command area by
30. Substituted by Act No.7 of 2003.
Constitution of
sub-committees in
farmers‟
organisation.
Farmers‟
Organisation to
be a Body
Corporate.
Changes in
farmers‟
organisation.
[Act No.11 of 1997] 17
notification and in accordance with the rules made in this
behalf,-
(a) form a new farmers‟ organisation by separating the
area from any farmers‟ organisation;
(b) increase the area of any farmers‟ organisation;
(c) diminish the area of any farmers‟ organisation;
(d) alter the boundaries of any farmers‟ organisation; or
(e) cancel a not ification issued under this Act for
rectifying any mistake:
Provided that no such separation, increase, diminution,
alteration and cancellation shall be effected unless a
reasonable opportunity is given to the organisation likely to
be effected.
14. (1) No village servant and no officer or servant of the
Government of India or any State Government or of a local
authority or an employee of any institution receiving aid from
the funds of th e Government shall be qualified for being
chosen as or for bein g 31[a Chairman or Vice -Chairman or
President or Vice -President] or a member of a Managing
Committee.
Explanation:- For the purpose of this section the
expression „village servant‟ means in relation to,-
(i) the Andhra Area, any person who holds any of the
village offices of neeruganti, neeradi , vetti, kawalkar, toti,
talayari, tandalagar, sathsindhi or any such village office by
whatever designation it may be locally known;
31. Substituted by Act No.7 of 2003.
Disqualifications
of candidates or
Members.
18 [Act No.11 of 1997]
(ii) the Telangana Area, any person who holds any of
the village offices of neeradi , kawalkar, sathsindhi or any
such village, office by whatever designation it may be locally
known.
32[(1A) No Member of Legislat ive Assembly or Member
of Parliament or office bearer of any body constituted under
a law made by the Legislative Assembly of the State or of
Parliament shall be qualified for being chosen as or for
being a Chairman or Vice -Chairman or President or Vice -
President or member of the Managing Committee.]
(2) No person who has been convicted by a criminal
court for any offence i nvolving moral turpitude committed
under any law for the time being in force shall be qualified
for being chosen in or for being 33[a C hairman or Vice -
Chairman or P resident or Vice -President] or a me mber of a
Managing Committee.
(3) A person shall be disqualified for being chosen as
33[a C hairman or Vice -Chairman or P resident or Vice -
President] or a member of the Managing C ommittee 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 at
competent court;
(b) an applicant to be adjudicated as an insolvent or
an undischarged insolvent; or
(c) a defaulter of land revenue or water tax or charges
payable either to the Government or to th e farmers ‟
organization;
32. Inserted by Act No.7 of 2003.
33. Substituted by Act No.7 of 2003.
[Act No.11 of 1997] 19
(d) interested in a subsisting contract made with, or
any work being done for, the Gram Panchayat, 34[Mandal
Praja Parishad], 34[Zilla Praja Parishad] or any State or
Central Government or the farmers‟ organisation:
Provided that a person shall not be deeme d to have
any interest in such c ontract or work by reason only of his
having share or interest in-
(i) a company as a mere share -holder but not as a
director;
(ii) any lease, sale or purchase of immovable
property or any agreement for the same; or
(iii) any agreement for the loan of money or any
security for the payment of money only; or
(iv) any newspaper in which any advertisement
relating to the affairs of the farmers‟ organisation is inserted.
Explanation:- For the removal of doubts it is hereby
declared that where a contract is fully performed it shall not
be deemed to be subsisting merely on the ground that the
Gram Panchayat, 34[Mandal Praja Parishad], 34[Zilla Praja
Parishad], the farmers‟ o rganisation, the State or Cent ral
Government has not performed its part of the contractual
obligations.
(4) 35[A C hairman or Vice -Chairman or P resident or
Vice-President] or a member of a Managing Committee shall
also become disqualified to continue in office if he,-
34. Substituted by Act No.41 of 2006.
35. Substituted by Act No.7 of 2003.
20 [Act No.11 of 1997]
(a) is convicted in a criminal case involving moral
turpitude; or
(b) absents for three consecutive meetings without
reasonable cause:
Provided that such disqualification under item (b)
shall not apply in the case of women who are in an
advanced stage of pregnancy and for a period of three
months after delivery.
36[XXX]
37[(c) A person shall be disqualified for being chosen
as or for being a Chairman or Vice-Chairman or President or
Vice-President or Member of Managing Committee , if he is
disqualified by or under any law for the time being in force
for the purpose of elections to the Legislative Assembly of
the State:
Provided that no person shall be disqualified on the
ground that he is less than twenty five years of age, if he has
attained the age of eighteen years;
(d) A person shall be disqualified for a period of six
years from the date of removal for being chosen as a
Chairman or Vice -Chairman or President or Vice -President
or Member of the Managing Committee, if he is removed
from any post in the farmers ‟ organization, by the
Government or Commissioner or any designated officer as
prescribed.]
36. The words “and he shall cease to hold the office forthwith” omitted
by Act No.7 of 2003.
37. Clauses (c) and (d) added by Act No.7 of 2003.
[Act No.11 of 1997] 21
38[(4-A) A member of the Water Users‟ Association shall
cease to be a Member or 39[a Chairman or Vice-Chairman or
President or Vice-President] or a Member of a Managing
Committee 40[XXX] if he ceases to be a land holder.]
(5) A person having more than two children shall be
disqualified for election or for continuing as 39[a Chairman or
Vice-Chairman or President or Vice-President] or a member
of the Managing Committee:
Provided that the birth within one year from the date of
commencement of this Act, hereinafter in this section
referred to as the date of such commencement, of an
additional child shall not be taken into considera tion for the
purposes of this section:
Provided further that a person having more than two
Children (excluding the child if any born within one year
from the date of such commencement) shall not be
disqualified under this section for so long as the numbe r of
children he had on the date of such commencement does
not increase.
41[(6) Any member who is disqualified under this
section shall also be disqualified to hold any office in all the
tiers of farmers‟ organization.]
42[15. (1) A vacancy arising in a farmers ‟ organization either
due to disqualification under section 14 or death or
resignation or by any rea son shall be filled in the manner
prescribed.
38. Inserted by Act No.1 of 1999.
39. Substituted by Act No.7 of 2003.
40. Omitted by Act No.7 of 2003.
41. Added by Act No.7 of 2003.
42. Substituted with marginal heading by Act No.7 of 2003.
Filling up of
Vacancies.
22 [Act No.11 of 1997]
(2) The term of office of a member or President or Vice -
President or Chairman or Vice -Chairman of the farmers ‟
organization, so filled up under sub -section (1), shall expire
at the time at which it would have expired, if he had been
elected at the ordinary election.
(3) The Commissioner may issue notification for filli ng
up the casual vacancies in all the farmers ‟ organizations
every six months, in the manner prescribed:
Provided that no casual vacancy arising within the last
six months period of the tenure of the post in farmers ‟
organizations, shall be filled in by-elections.]
Chapter - III
Objects and Functions of the Farmers‟ Organisations
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 43[to encourage
modernisation o f agriculture] to optimise agricultural
production to protect the environment, and to ensure
ecological balance by involving the farmers inculcating a
sense of ownership of the irrigation system in accordance
with the water budget and the operational plan.
17. 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;
43. Inserted by Act No.7 of 2003.
Functions of
Water Users‟
Association.
Objects.
[Act No.11 of 1997] 23
(b) to prepare a plan for the maintenance of irrigation
system in the area of its operation at the end of each crop
season and carry out the main tenance works of both
distributory system and minor and field drains in its area of
operation with the funds of the association from time to time
44[subject to such terms and conditions as may be
prescribed;]
(c) to regulate the use of water among the various pipe
outlets unde r 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 landholders as published by
the revenue department;
(g) to prepare and maintain a register of co -opted
members;
(h) to prepare and maintain an inventory of the
irrigation system within the area of operation;
(i) to monitor flow of water for irrigation;
(j) to resolve the disputes, if any, between the members
and water users in its area of operation;
(k) to raise resources;
(l) to maintain accounts;
44. Added by Act No.39 of 2005.
24 [Act No.11 of 1997]
(m) to cause annual audit of its accounts;
(n) to ass ist in the conduct of elections to the
Managing Committee;
(o) to maintain other records as may be prescribed;
(p) to abide by the decisions of the di stributory and
project committees;
(q) to conduct general body meetings, as may be
prescribed;
(r) to encourage avenue plantation on canal bunds and
tank bunds by leasing such bunds; 45[XXX]
(s) to conduct regular water budgeting and also to
conduct periodical social audit, as may be prescribed;
46[(t) to encourage modernization of agricultu re in its
area of operation; and
(u) to maintain the feeder channels of minor irrigation
tanks by the respective water users associ ation in the
manner prescribed.]
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 season, consistent with the operational plan
prepared by the project committee;
45. The word “and” omitted by Act No.7 of 2003.
46. Added by Act No.7 of 2003.
Functions of
distributory
committee.
[Act No.11 of 1997] 25
(b) to prepare a plan for the maintenance of both
distributories and medium drains within its area of operation
at the end of each crop seasons and execute the
maintenance works with the funds of th e committee from
time to time 47[subject to such terms and conditions as may
be prescribed;]
(c) to regulate the use of wate r among the various
water users‟ associations under its area of operation;
(d) to resolve disputes, if any, between the water users‟
associations in its area of operation;
(e) to maintain a register of water users associations in
its area of operation;
(f) maintain an inventory of the irrigation system in the
area of its operation, including drains;
(g) to promote economy in the use of water allocated;
(h) to maintain accounts;
(i) to cause annual audit;
(j) to maintain other records as may be prescribed;
(k) to monitor the flow of water for irrigation;
(l) to conduct general body meetings as may be
prescribed;
(m) to abide by the decisions of the project committee;
47. Added by Act No.39 of 2005.
26 [Act No.11 of 1997]
(n) to cause regular water budgeting and also the
periodical social audit as may be prescribed;
(o) to assist in the conduct of elections to the
Managing Committee; 48[XXX]
(p) to encourage avenue plantations in its area of
operation;
49[(q) to encourage modernization of agricu lture in its
area of operation.]
19. The project committee shall perform the following
functions, namely:-
(a) to approve an operational plan based on its
entitlement, area, soil, cropping pattern as prepared by the
competent authority in respect of the entire project area at
the beginning of each irrigation season;
(b) to approve a plan for the maintenance of irrigation
system including the major drains within its a rea of
operation at the end of each crop season and execute the
maintenance works with the funds of the committee from
time to time 50[subject to such terms and conditions as may
be prescribed;]
(c) to maintain a list of the distributory committees and
water users association in its area of operation;
(d) to maintain an inventory of the distributory and
drainage systems in its area of operation;
48. The word “and” omitted by Act No.7 of 2003.
49. Added by Act No.7 of 2003.
50. Added by Act No.39 of 2005.
Functions of
Project
Committee.
[Act No.11 of 1997] 27
(e) to resolve disputes , if any between the distributory
committees;
(f) to promote economy in the use of water;
(g) to maintain accounts;
(h) to cause annual audit of its accounts;
(i) to maintain other records as may be prescribed;
(j) to conduct general body meetings as may be
prescribed;
(k) to cause regular water budgeting and also the
periodical social audit as may be prescribed; 51[XXX]
(l) to encourage avenue plant ations in its area of
operation;
52[(m) to encourage modernization of agriculture in its
area of operation.]
20. A farmers‟ organisation may, for carrying out the
purposes of this Act, achieving the object s of the
organisation and performing its functions, levy and collect
such fees as may be prescribed from time to time.
53[21. (1) The Government may , by notification appoint
such officer from the Irrigation and Command Area
Development Department, or any other D epartment or
Corporation including Irrigation Development Corporation,
as they consider necessary, to be the competent authority
51. The word “and” omitted by Act No.7 of 2003.
52. Added by Act No.7 of 2003.
53. Substituted with marginal heading by Act No.7 of 2003.
Power to levy and
collect fee.
Appointment of
Competent
Authorities and
their functions.
28 [Act No.11 of 1997]
(Engineering) with specific functions as prescribed, to every
farmers‟ organization for the purpose of this Act.
(2) The Gove rnment may also, by notificati on appoint
an officer from the A griculture Department, to be the
competent authority (Agriculture) with the specific functions
as prescribed, to every farmers‟ organization for the purpose
of this Act.
(3) For strengthening of the farmers ‟ organizations the
Government may also, by notification appoint an officer or
officers from any department or departments, to be the
additional competent authority or authorities for discharging
specific functions, as may be prescribed.]
CHAPTER - IV
RESOURCES
22. The funds of the farmers‟ organisation shall comprise
of the following, namely:-
(i) grants received from the Government as a share of
the water tax collected in the a rea 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 or
undertaking any economic development activit ies in its area
of operation;
(iv) income from the properties and assets attached to
the irrigation system within its area of operation;
Resources of
Farmers‟
Organisation.
[Act No.11 of 1997] 29
(v) fees collected by the farmers‟ organisation for the
services rendered in better management of the irrigation
system; and
(vi) amounts received from any other source.
CHAPTER - V
Offences and Penalties
23. Whoever without any lawful authority does any of the
following acts, namely:-
Excerpt shown. Open the full act in Lexace.