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      • 1. Short title.
      • 2. Definitions.
      • 1. Short Title.
      • 2. Definition.
      • 3. Delineation of Command Area of an Irrigation System.
      • 4. Delineation of Water Users Associations.
      • 5. Appeal on the order of the Collector.
      • 6. Delineation of distributory areas.
      • 7. Delineation of Project areas.
      • 8. Power of revision and review by the Government.
      • 9. Preparation of land holders list, Voters list and other Water Users list.
      • 10. Appeal for correction of Voter lists.
      • 11. Powers of revision and review by the Commissioner.
      • 12. Procedure for forming of a Water Users Association.
      • 1. Short Title.
      • 2. Definition.
      • 3. Every Farmers Organisation shall be a body corporate having a distinct name, an office, a common seal and shall by the said name sue and be sued.
      • 4. The objects of the Farmers Organisation shall be as follows:
      • 5. The rights of the Farmers Organisation shall be as follows:
      • 6. The responsibility of Farmers Organisation shall be as follows:
      • 7. The rights of the member users shall be as follows:
      • 8. The responsibilities of the member users shall be as follows:
      • 9. General Body.
      • 10. The General Body Meetings.
      • 11. Notice for General Body.
      • 12. Quorum for the General Body.
      • 13. Minutes of the Meeting.
      • 14. The General Body shall have the following powers and functions, namely.
      • 15. The composition and functions of the Managing Committee shall be as follows:
      • 15A. Cooption of members in to Managing Committee of Farmers Organisation shall be as follows.
      • 16. The powers and the functions of the Managing Committee shall be as follows.
      • 17. The duties of the Chairman/ President of a Farmers Organisation shall be as follows.
      • 17A. The duties of Vice Chairman/ Vice President of a Farmers Organisation shall be as follows.
      • 17B.
      • 17C.
      • 17D. Any dispute or difference touching the constitution, management, powers or functions of a Farmers Organisation arising shall be determined as follows.
      • 17E. A Party to a dispute or difference aggrieved by any decision made or order passed under Rule 17 D, may prefer appeal in the manner detailed below.
      • 17F. Inspection of records of a Farmers Organisation shall be as follows.
      • 17G. The following are the authorities to remove the erring office bearers of the Farmers Organisations.
      • 17H. Transitional arrangements for the Farmers Organisation are as follows.
      • 17I. The Water Users Associations shall maintain the feeder channels on the upstream of tank bed as follows.
      • 18.
      • 19. The procedure for taking up the works shall be as follows.
      • 20. At the end of each crop season the Farmers Organisation shall conduct social audit as detailed below.
      • 21. Water Budget for Farmers Organisation.
      • 22. After a water budget is prepared, the Farmers Organisation shall draw up a plan of water regulation as follows:
      • 23. Accounts Finance.
      • 24. Each of the Farmers Organisation shall maintain the following records, other than the records specifically mentioned in the Act and the rules.
      • 25. Levy & Collection of Fees.
      • 26. At the end of each financial year, and not later than three months after the commencement of the new financial year, each of the Farmers Organisation shall cause its accounts to be audited as follows:
      • 27. Offences and Penalties.
      • 28.
      • 28A. The following officers shall be Competent Authority (Engineering) for different tiers of Farmers Organisation.
      • 28B. The following officers shall be competent Authority (Agriculture) for different tiers of Farmers Organisations.
      • 29.
      • 1. Short title, commencement and extent.
      • 2. Definitions.
      • 3. Settlement of Election disputes; and limitation for presentation of Election Petition.
      • 4. Joinder of Parties.
      • 5. Security Deposit.
      • 6. Copies of the petition to be served.
      • 7. Election Tribunal to enquire.
      • 8. Withdrawal of Election Petition.
      • 9. Execution of the order of costs.
      • 10. Abatement of election petition.
      • 11. Returned Candidate to prove.
      • 12. Election Offences.
      • 13. Petitioner to prove his election.
      • 14. Disqualification for voting.
      • 15. Declaration by the Tribunal.
      • 1. Short title.
      • 2. Definitions.
      • 3. Notice of recall.
      • 4. Authority to receive notice.
      • 5. Verification.
      • 6. Extraordinary General Body meeting.
      • 7. Eligibility to hold other posts in Farmers Organisation.
      • 8. Legal Action for Misappropriation.
      • 1. Short title, extent and commencement.
      • 2. Definitions.
      • 3. Delineation of Water Users' Area and Constitution of an Association.
      • 4. Election of President, VicePresident 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 and Constitution of Managing Committee.
      • 7. Delineation of Project Area and constitution of Project Committee.
      • 8. Election of Chairman and Constitution of the Managing Committee.
      • 9. Apex Committee.
      • 10. Procedure for recall.
      • 11. Constitution of SubCommittees in Farmers' Organisation.
      • 12. Farmers' Organisation to be a Body Corporate.
      • 13. Changes in Farmers Organisation.
      • 14. Disqualification of Candidates or Members.
      • 15. Filling up of vacancies.
      • 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 Authority and his functions.
      • 22. Resources of Farmers' Organisation.
      • 23. Offences and Penalties.
      • 24. Punishment under other laws not barred.
      • 25. Composition of offences.
      • 26. Settlement of disputes.
      • 27. Appeals.
      • 28. Records.
      • 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.
      • 39. Budget.
      • 40. Protection of acts done in good faith.
      • 41. Power to remove difficulties.
      • 41A. Power to give direction, etc.
      • 41B. Revisions by the Government or the Commissioner.
      • 42. Savings.
      • 43. Power to make rules.
      • 1. Administrative Machinery for the conduct of Elections.
      • 2. Public notice of intended election.
      • 3. Special election program.
      • 4. Nomination of candidates.
      • 5. Presentation of nomination paper and requirements of valid nominations.
      • 6. Deposits.
      • 7. Publication of nominations received.
      • 8. Scrutiny of nomination papers.
      • 9. Withdrawal of candidature.
      • 10. Publication of list of contesting candidates.
      • 11. Declaration of result of uncontested candidate.
      • 12. Death of candidate before poll.
      • 13. Appointment of agents.
      • 14. Voting.
      • 15. Right to vote.
      • 16. Arrangements of polling station.
      • 17. Preparation of ballot boxes.
      • 18. Form of ballot paper.
      • 19. Issue of ballot papers.
      • 20. Maintenance of secrecy of voting by electors and voting procedure.
      • 21. Blind and infirm voters.
      • 22. Facilities to women electors.
      • 23. Identification of electors.
      • 24. Tendered votes.
      • 25. Challenging of identity.
      • 26. Safeguards against impersonation.
      • 27. Spoilt and returned ballot papers.
      • 28. Closing of poll and sealing of ballot boxes and covers after poll.
      • 29. Account of ballot Papers.
      • 30. Scrutiny of Opening of Ballot Boxes and Counting of Votes.
      • 31. Admission to the place fixed for counting.
      • 32. Rejection of Ballot Papers.
      • 33. Recount of Votes.
      • 34. Equality of Votes.
      • 35. Disturbances at the time of Counting of Votes.
      • 36. Sealing of used Ballot Papers.
      • 37. Transfer of Ballot Papers to Cloth Bags.
      • 38. Counting of Votes in case of Fresh Poll.
      • 39. Declaration of Result.
      • 40. Grant of Election Certificate.
      • 41. Publication of Results.
      • 42. Disposal of Ballot Papers.
      • 43. Adjournment of poll in emergencies.
      • 44. Filling up of Casual Vacancies.
      • 45. Power of Government in certain cases.
      • 46. Power of Election Officer to fix dates etc., certain cases.
      • 47.
      • 48.
      • 49.
      • 50.
      • 51.
      • 52.
      • 53.
      • 54.
      • 55.
      • 56.
      • 57.
      • 58.
      • 1. Short Title.
      • 2. Definition.
      • 3. Delineation of Command Area of an Irrigation System.
      • 3A. Appeal from the order of the Collector.
      • 3B. Power of revision and review by the Government.
      • 4. Preparation of Landholders list, Voters list and other Water Users' list.
      • 4A. Appeal for correction of voter lists.
      • 4B. Power of revision and review by the Commissioner.
      • 5. Delineation of distributory areas.
      • 6. Delineation of project areas.
      • 7. Procedure for conducting elections.
      • 8. Recall.
      • 9. Casual Vacancies.
      • 1. Short title.
      • 2. Definitions.
      • 3. Election Authority.
      • 4. District Election Authority.
      • 5. Election Officer.
      • 6. Assistant Election Officers.
      • 7. Polling Officers.
      • 8. Remuneration to polling personnel.
      • 9. Polling Stations.
      • 10. Power of Government to remove difficulty.
      • 11. Right to vote.
      • 12. Appointment of Election Agent.
      • 13. Facilities to women voters.
      • 14. Special meeting for electing the President and VicePresident of a Water Users Association.
      • 15. Special meeting for electing the President and VicePresident of a Distributory Committee.
      • 16. Special meeting for electing the Chairman and ViceChairman of a Project Committee.
      • 17. Identification of voters.
      • 18. Safeguard against impersonation.
      • 19. Challenging of identity.
      • 20. Cancelled voting slips.
      • 21. Spoilt and returned voting slips.
      • 22. Tendered votes.
      • 23. Blind and infirm voters.
      • 24. Counting of votes, in case of fresh poll.
      • 25. Rejection of voting slips.
      • 26. Recount of votes.
      • 27. Sealing of used voting slips.
      • 28. Result of an uncontested candidate.
      • 29. Declaration of result for contested candidate.
      • 30. Equality of votes.
      • 31. Publication of results.
      • 32. Issue of election certificate.
      • 33. Depositing of duplicate copies.
      • 34. Disposal of voting slips.
      • 35. Fixing the tenure of members of Territorial Constituencies.
      • 36. Restriction against holding more than one post in WUAs.
      • 37. Special election Programme.
      • 38. Power of Election Officer to fix dates etc., in certain Cases.
      • 39. Death of candidate before normal poll.
      • 40. Adjournment of poll in emergencies.
      • 41. Continuation poll after adjournment.
      • 42. Fresh poll after adjournment.
      • 43. death of a candidate in adjourned poll.
      • 44. Disturbances at the time of counting of votes.
      • 45. Holding of Elections.
      • 46. Public notice of intended election.
      • 47. Election schedule.
      • 48. Nomination of candidates.
      • 49. List of nomination received.
      • 50. Scrutiny of nominations.
      • 51. Withdrawal of candidature.
      • 52. Final list of candidates.
      • 53. Result of uncontested candidate.
      • 54. Voting Procedure.
      • 55. Counting of votes.
      • 56. Declaration of results.
      • 57. Issue of election certificate.
      • 58. Special Managing Committee meeting.
      • 59. Election schedule.
      • 60. Nomination of candidates.
      • 61. List of nominations received.
      • 62. Scrutiny of nominations.
      • 63. Withdrawal of candidature.
      • 64. Final list of contesting candidates.
      • 65. Result of uncontested candidate.
      • 66. Voting Procedure.
      • 67. Counting of votes.
      • 68. declaration of results and issue of election certificate.
      • 69. Election Procedure.
      • 70. Holding of Elections.
      • 71. Public notice of intended election.
      • 72. Election Schedule.
      • 73. Nomination of candidates.
      • 74. List of nominations received.
      • 75. Scrutiny of nominations.
      • 76. withdrawal of candidature.
      • 77. Final list of contesting candidates.
      • 78. Result of uncontested candidate.
      • 79. Arrangements of Polling Stations.
      • 80. Voting box.
      • 81. Voting slips.
      • 82. Issue of voting Slips.
      • 83. Voting Procedure.
      • 84. Closing of poll.
      • 85. Counting of Votes.
      • 86. Declaration of results.
      • 87. Issue of election certificate.
      • 88. Special managing committee meeting.
      • 89. Election schedule.
      • 90. Nomination of Candidates.
      • 91. List of nominations received.
      • 92. Scrutiny of nominations.
      • 93. withdrawal of candidature.
      • 94. Final list of contesting candidates.
      • 95. Result of uncontested candidates.
      • 96. Voting procedure.
      • 97. Counting of votes.
      • 98. Declaration of results.
      • 99. Election Procedure.
      • 100. Holding of elections.
      • 101. Notification of intended election.
      • 102. Election Schedule.
      • 103. Nominations of candidates.
      • 104. List of nominations received.
      • 105. Scrutiny of nominations.
      • 106. Withdrawal of candidature.
      • 107. Final list of contesting candidates.
      • 108. Result of uncontested candidate.
      • 109. Voting procedure.
      • 110. Counting of votes.
      • 111. Declaration of results.
      • 112. Election procedure.
      • 113. Holding of elections.
      • 114. Notification of intended election.
      • 115. Election schedule.
      • 116. Nomination of candidates.
      • 117. List of nominations received.
      • 118. Scrutiny of nominations.
      • 119. Withdrawal of candidature.
      • 120. Final list of contesting candidates.
      • 121. Result of uncontested candidates.
      • 122. Voting procedure.
      • 123. Counting of votes.
      • 124. Declaration of results.
      • 125. Election procedure.
      • 126. Nomination fee.
      • 127. Receipt Book.
      • 128. Duties of election officer.
      • 129. Appointment of collection officers and staff.
      • 130. Duties of collection officer.
      • 131. Duties of Chief Officer.
      • 132. Preservation of records of accounts.
      • 133. Head of account for remittance of nomination fee.
      • 134. Ban on use of nomination fee amount.
      • 135. Admission to the place of scrutiny.
      • 136. Admission to the place of polling.
      • 137. Admissions to the place of counting.
      • 138. Offence of preparing false list of voters.
      • 139. Poll persons influencing voting.
      • 140. Breach of official duty in connection with elections
      • 141. Removal of voting slips from polling station.
      • 142. Misconduct at the polling station.
      • 143. Disorderly conduct in or near polling stations.
      • 144. Making false declaration.
      • 145. Other poll offences.
      • 146. Prohibition of public meeting on the election day.
      • 147. Prohibition of canvassing in or near polling stations.
      • 148. Limitation for presentation of election petition
      • 149. The Election Tribunal.
      • 150. Limitation of time.
      • 151. Joinder of parties.
      • 152. Security deposit.
      • 153. Copies of the petition to be served.
      • 154. Election Tribunal to enquire.
      • 155. Withdrawal of election petition.
      • 156. Execution of the order of cost.
      • 157. Abatement of election petition.
      • 158. Returned candidate to prove.
      • 159. Election Offences.
      • 160. Petitioner to prove his election.
      • 161. Disqualification for voting.
      • 162. Declaration by the Tribunal.

Andhra Pradesh Farmers Management of Irrigation Systems (Recall) Rules, 2005

ap112

In exercise of the powers conferred by Section 43 read with Sections 3, 5, 6, 7, 8, 10. 17, 18, 19, 21, 30 and 31 of the Andhra Pradesh Farmers Management of Irrigation Systems Act, 1997 (Act 11 of 1997), the Governor of Andhra Pradesh hereby makes the following Rules

1. Short title. - These rules shall be called the Andhra Pradesh Farmers Management of Irrigation Systems (Recall) Rules, 2005.

2. Definitions. - In these rules, unless the context other wise requires,

(1) "Act" means the Andhra Pradesh Farmers Management of Irrigation Systems Act, 1997;

(2) "Form" means a form appended to these rules;

(3) "Farmers Organization" means Water Users Association at the primary level, Distributory Committee at the secondary level and Project Committee at the Project level;

3. Notice of recall. - The recall notice shall be submitted in Form-I to the concerned Competent Authority (Engineering), signed by not less than;

(a) One third of the voters of Water Users' Association in respect of a Member of Managing Committee, President and Vice-President of a Water Users Association;

(b) One third members of the General Body in respect of a President or Vice-President of a Distributory Committee;

(c) One third members of the General Body in respect of a Chairman or Vice-Chairman of a Project Committee.

4. Authority to receive notice. - The recall notice duly signed as per Rule 3 shall be handed over either in person or through registered post with acknowledgment due to the concerned Competent authority.

5. Verification. - (1) The notice of recall shall be registered in the register maintained for the purpose on the same day by the Competent Authority.

(2) On receipt of such notice the Competent authority (Engineering) shall cause due verification of the authenticity of the notice in Form-II with in a period of 7 days from the date of receipt of the recall notice.

6. Extraordinary General Body meeting. - (1) After satisfying the authenticity of such notice the Competent Authority (Engineering) shall, (i) convene an Extraordinary General Body meeting of the concerned Farmers Organisation for the purpose within 14 days from the date of receipt of recall notice;

(i) Member of Managing Committee : President and Vice-President of Water User's Association

(ii) President and Vice-President of : Distributory Committee with

(iii) Chairman and Vice Chairman : of Project Committee

Explanation. - I. In case of Distributory Committee and Project Committee, total members of General Body with voting rights means all the members including any vacancy existing in the General Body of Distributory Committee or Project Committee at the time of meeting.

II. In the determination of one-half or three-fourths of the total strength, any fraction below 0.5 shall be ignored and any fraction of 0.5 or above shall be taken as one.

(1) (a) The Extraordinary General Body meeting convened under sub-rule (1) above shall be prescribed over the Competent Authority (Engineering) or the Farmers Organisation concerned.

(b) The Extraordinary General Body meeting for recall shall commence at the appointed time and place and the motion of recall shall be moved in the meeting by the person who has submitted the recall notice or any of the members who have affixed their signatures in the recall notice.

(c) The Competent Authority shall provide an opportunity to the candidate against whom the recall motion is initiated to defend himself.

(ii) arrange for wide publicity in all the Villages concerned through notices and tom-tom clearly specifying time, date, venue and purpose of extraordinary General body meeting.

(2) The Quorum for the extraordinary General Body meeting for recall shall be as follows : One half of the total members of General body of Water Users' Association with voting rights. Three fourths of the total members of General Body of Distributory Committee voting rights, and Three fourths of the total members of General Body of Project Committee with voting rights.

(d) The Competent Authority shall put the motion to voting through simple chits ensuring secrecy.

(e) If the motion is carried out with the support of the majority of the members present, the Competent Authority (Engineering) shall by order remove him from the office forthwith in Form-III and the resulting vacancy shall be filled in the same manner as casual vacancy.

(f) If the recall motion is not passed in the General Body with the required majority it becomes infructuous and the candidate shall continue to hold post(s). No recall motion shall be initiated again against the same person within a period of one year.

7. Eligibility to hold other posts in Farmers Organisation. - (a) If a person is recalled from the membership of a Territorial Constituency, he looses all the posts, if any held by him, in higher tiers of the Farmers Organisations viz., Water Users' Association level, Distributory Committee level and Project Committee level.

(b) If a person looses the post of President/ Vice-President in Water Users Association by way of recall, the lopses all the posts, if any, held by him at Distributory Committee level and Project level. However he continues to be Territorial Constituency member in the Managing Committee of Water Users' Association.

(c) If a person looses the post of President/ Vice-President in Distributory Committee by way of recall, he looses all the posts, if any, held by him at Project Committee level, but continues to be the member of Managing Committee of the Distributory Committee.

(d) If a person looses the post of Chairman/ Vice-Chairman in Project Committee, by way of recall, he continues to be the member of Managing Committee of Project Committee.

8. Legal Action for Misappropriation. - The person recalled shall hand over all records. Bank accounts etc., to the person authorized in the office order in a complete shape within one week, the Competent Authority shall initiate legal action against the person recalled, if there is any misappropriation of power of misuse of funds during his incumbency in the Organization or for not handing over the records.

Appendix 1

Form-1

[See Rule 3]

Recall Notice

We the undersigned persons constituting on third of the total number of Voters of General Body of ............................................................ ............................................................................................................................................................................................................................................................................................................................................................................................. (WVA?DC?)C),

(Name of the farmers organisation) ......................................................................................................................................................................................................................................................................................................................................................................................................................................... have (Village) (Mandal) (District) lost forth confidence in Sri/Smt./Kum .............................................................................................................................................................

(Name of the office bearer)

member of Managing Committee, President/Vice-President, Chairman/ Vice-Chairman of the said Water Users Association/Distributory Committee/Project Committee. We propose to recall him/her.

Accordingly It Is requested to call for a meeting of the Voters of the General Body of the Water Users Association/Distributory Committee/Project Committee under Rule 6 of the A.P. Farmers Management of Irrigation systems (Recall) Rules, 2005 to move the motion for recall and conduct voting for the purpose of passing a resolution there at.

Date:

Sl. No.

Name Village

Territorial

Constituency number

Sl. No. in voters list

Signature

(1)

(2)

(3)

(4)

(5)

(6)







To

    The Competent Authority (Engg.)

    .........................................................

    (Designation)

    .........................................................

(Address)
.........................................................

Appendix 2

Form-2

[See Rule 5]

Verification

I ........................................................................................................... being the Competent Authority

(Name of the Competent Authority)

(Engineering) have received the Recall notice for the purpose of recalling Sri/Smt./Kum. ....................................................................................................................

Member of the Managing

(Name of the Office Bearer)

Committee, President/Vice-President/Chairman/Vice-Chairman of the .............................................................. Water Users' Association/Distributory Committee/Project Committee situated in Village ............................................... Mandal(s) ......................................................... District ......................................................... and verified the signature names of the persons subscribing to the Recall notice with voters lists of General Body concerned and satisfied that the names and signatures there in are correct and genuine. Accordingly I proceed to take further action in the matter.

Signature: .........................................................
Name: .........................................................
(Competent Authority)

Designation: .........................................................
Address: .........................................................

Appendix 3

Form - 3

[See Sub-Rule (3) of Rule 6]

(Recall/No Recall)

An Extraordinary General Body meeting was held in connection with the recall of Sri/Smt./Kum ........................................................................................................................................... from the (Name of the Office bearer)

Post of .......................................................................... of. ................................................................. (WUA/(Name of the Post) (Name of Farmers Organisation)DC/PC) situated in ..............................................................................................................

(Village) (Mandal) (District) as per the sub-rule (3) of Rule 6.

I .............................................................................................................. the Competent Authority (Name of the Competent Authority)

(Engineering) for the above Water Users' Association/Distributory Committee/Project Committee hereby remove Sri/Smt/Kum ....................................................... from the post of .......................................................

(Name of the Office Bearer) (Name of the Post) with effect from ....................................................... as the recall motion against him/her is (Date) carried out with the support of the majority of the members present.

I .............................................................................................................. for the above Water Users' (Name of the Competent Authority)

Association/Distributory Committee/Project Committee hereby declare that the recall motion is null and void as it did not carry the support of the majority of the members present/ for want of quorum.

Name: ................................
(Competent Authority)

Designation: ................................
Address: ................................

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