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Andhra Pradesh Farmers Management of Irrigation Systems Act, 1997

(Andhra Pradesh Act No. 11 of 1997)

Last Updated 26th October, 2019 [ap109]

Chapter 1

Preliminary

(a) "area of operation" in relation to Farmers' Organisation means a contiguous block of land in the command area of 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 Farmers' Organisation for the purpose of irrigation and agriculture but does not include a road vested in a Gram Panchayat, Mandal Parishad, Zilla Parishad, Municipality, Municipal Corporation or Roads and Buildings Department of the Government.

[(bb) "Chief Engineer" means the Chief Engineer of Irrigation and Command Area Development 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 under any law for the time being in force.

[(d) "Competent authority (Agriculture)" means an officer of the Agriculture Department appointed 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 Andhra Pradesh Water Resources Development Corporation constituted under the Andhra Pradesh Water Resources Development Corporation Act, 1997 (Act 12 of 1997);

(f) "distributory system" means and includes, -

(i) all main canals, branch canals, distributories and minor canals constructed for the supply and distribution of water for irrigation;

(ii) all works, structures and appliances connected with the distribution of water for irrigation; and

(iii) all field channels and other related channels and structures under 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 irrigation 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 related structures under pipe outlets.

(i) "Farmers" Organisation" whenever it occurs, shall mean and include, -

(i) water users association at the primary level consisting of all 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 distribute 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 year" 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 operation of the Farmers' Organisation.

(n) "Government" means the State Government of Andhra Pradesh.

(o) "hydraulic basis" means the basis for identifying a viable irrigated area served by one or more hydraulic structures such as headworks, distributories, minors, 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 include reservoirs, open head channels, diversion systems, anicuts, lift irrigation schemes, tanks, wells and the like;

[Such system may have three tiered farmers organisation, namely:-

(iii) Project Committee at Project level.]

(2) 'Medium Irrigation System' means irrigation system under Medium Irrigation Project having irrigable command area of more than 2000 hectares and upto 10,000 hectares.

[Such system may have two tiered farmers organisation, namely:-

(ii) Project Committee at Project level.]

(3) 'Minor Irrigation System' means irrigation system under Minor Irrigation Project having irrigable command area upto 2,000 hectares.

[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 Andhra Pradesh Record of Rights in Land Act, 1971 (Act 26 of 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 holders in the area of operation.

(s) "notification" means a notification published in the Andhra Pradesh Gazette, 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 irrigation in the command area of an irrigation system.

(u) "prescribed" means prescribed by the Government by rules made under this Act.

[(uu) 'Superintending Engineer' means the Superintending Engineer of Irrigation and Command Area Development Department incharge of concerned 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 for agriculture, domestic, power, non-domestic, commercial, industrial or any other purpose from a Government or the Corporation source of irrigation.

Chapter 2

Farmers' Organisation

(i) all the water users who are land holders in a Water Users' Area;

(ii) all other water users co-opted in a Water Users' Area;

(iii) members specified in Clauses (i) and (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 his option thereof as prescribed;

(v) members specified in Clause (1) shall alone have the right to vote.

(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.

(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) after the boundaries of any Farmers' Organisation; or

(e) cancel a notification issued under this Act or rectifying any mistake :

(i) the Andhra Area, any person who holds any of the village officers of Neeruganti, Neeradi, Vetti, Kawalkar, Toti, Talayari, Tandalagar, Sathsindhi or any such village office by whatever designation it may be locally known;

(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.

(a) of unsound mind and stands so declared by a 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 the Farmers' Organisation.

(d) interested in a subsisting contract made with, or any work being done for, the Gram Panchayat, Mandal Parishad, Zilla Parishad or any State or Central Government or the Farmers Organisation :

(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.

(a) is convicted in a criminal case involving moral turpitude; or

(b) absents for three consecutive meetings without reasonable cause

(a) a vacancy in the Water Users' Association shall be filled, by nomination by the Managing Committee of the Distributory Committee in the manner prescribed;

(b) a vacancy in the Distributory Committee shall be filled, by nomination by the Managing Committee of the Project Committee in the manner prescribed; and

(c) a vacancy in the Project Committee shall be filled, by nomination either by the Apex Committee or by the Government, as the case may be, in the manner prescribed.

Chapter 3

Objects and Functions of the Farmers' Organisations

(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;

(b) to prepare a plan for the maintenance of irrigation system in the area of its operation at the end of the each crop season and carry out the maintenance 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 [subject to such terms and conditions as may be prescribed;];

(c) to regulate the use of water among the various pipe outlets under its area of operation according to the Warabandi Schedule of the system;

(d) to promote economy in the use of water allocated;

(e) to assist the revenue department in the preparation of demand and collection of water rates;

(f) to maintain a register of 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;

(m) to cause annual audit of its accounts;

(n) to assist in the [formation of] the Managing Committee;

(o) to maintain other records as may be prescribed;

(p) to abide by the decisions of the distributory and Project Committees;

(q) to conduct General Body meetings, as may be prescribed;

(r) to encourage avenue plantations on canal bunds and tank bunds by leasing such bunds; and

(s) to conduct regular water budgeting and also to conduct periodical social audit, as may be prescribed.

(a) to prepare an operational plan based on its entitlement, area, soil, cropping pattern at the beginning of each irrigational season, consistent with the operational plan prepared by the Project Committee;

(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 the Committee from time to time [subject to such terms and conditions as may be prescribed];

(c) to regulate the use of water among the various Water Users' Associations under its area of operation;

(d) to resolve disputes, if any, between the Water Users' Association 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;

(n) to cause regular water budgeting and also the periodical social audit as may be prescribed;

(o) to assist in the [formation of] to the Managing Committee; and

(p) to encourage avenue plantations in its area of operation;

(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 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 [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;

(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 general water budgeting and also the periodical social audit as may be prescribed;

(l) to encourage avenue plantations in its area of operation.

Chapter 4

Resources

(i) grants received from the Government as a share of the water tax collected in the area of operation of the Farmers' Organisation;

(ii) such other funds as may be granted by the State and Central Government for the development of the area of operation;

[(iii) ***]

(iv) income from the properties and assets attached to the irrigation system within its area of operation;

(v) fees collected by the Farmers' Organisation for the services rendered in better management of the irrigation system; and

(vi) amounts received from any other source [as permitted by the Government.]

Chapter 5

Offences and Penalties

(a) damages, alters, enlarges, or obstructs any irrigation system;

(b) interferes with, increase, or diminishes the water supply in, or the flow of water from, through, over or under any irrigation system;

(c) being responsible for the maintenance of the irrigation system neglects to take proper precautions for the prevention of wastage of the water thereof or interferes with the authorised distribution of water therefrom or uses water in an authorised manner, or in such manner as to cause damage to the adjacent landholdings;

(d) corrupts or fouls, water of any irrigation system so as to render it less fit for the purposes for which it is ordinarily used;

(e) obstructs or removes any level marks or water gauge or any other mark or sign fixed by the authority of a public servant; and

(f) opens, shuts, or obstructs or attempts 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 two years or with fine which may extend to five thousand rupees or with both.

[(g) violates the Warabandi or the water distribution and regulation schedule made by the Water Users Association or the Distributory Committee or the Project Committee.]

Chapter 6

Settlement of disputes

Chapter 7

Miscellaneous

(a) an up-to-date copy of this Act;

(b) a map of the area of operation of the Farmers' Organisation along with map of the structures and distributary networks prepared in consultation with the [Water Resources] department;

(c) a statement of the assets and liabilities;

(d) minutes book;

(e) books of account showing receipt and payments;

(f) books of account of all purchases and sales of goods by the Farmers' Organisation;

[(g) ***]

(h) copies of audit reports and enquiry reports;

(i) all such other accounts, records and documents as may be prescribed from time to time.