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THE ANDHRA PRADESH FARMERS MANAGEMENT OFIRRIGATION SYSTEMS ACT

(Act 11 of 1997)

AN ACT TO PROVIDE FOR FARMERS PARTICIPATION IN THEMANAGEMENT OF IRRIGATION SYSTEMS AND FOR MATTERSCONNECTED THEREWITH OR INCIDENTAL THERETO.

Whereas the State of Andhra Pradesh is essentially an agriculturalState depending on an efficient and equitable supply and distributionof water, which is a National wealth, ensuring optimum utilisationby farmers for improvement of agricultural production is theimmediate need;

And whereas; scientific and systematic development and maintenanceof irrigation infrastructure is considered best possible through FarmersOrganisations;

And whereas; such Farmers Organisations have to be given aneffective role in the management and maintenance of the irrigationsystem for effective and reliable supply and distribution of water.

Be it enacted by the Legislative Assembly of the State of AndhraPradesh in the Forty-eighth year of the Republic of India as follows:-

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1(1) This Act may be called the Andhra Pradesh FarmersManagement of Irrigation Systems Act, 1997.

(2) It extends to the whole of the State of Andhra Pradesh.

(3) It shall come into force on such date as the Government may,by Notification in the Andhra Pradesh Gazette, appoint andthey may appoint different dates for different areas and fordifferent provisions.

Definitions 2(1) In this Act, unless the context otherwise requires:

(a) ‘area of operation’ in relation to Farmers Organisation meansa contiguous block of land in the command area of an irrigationsystem as may be notified for the purposes of this Act;

(b) ‘ayacut road’ means a road within the area of operation of aFarmers Organisation for the purpose of Irrigation andAgriculture but does not include a road vested in a GramPanchayat, Mandal Parishad, Zilla Parishad, Municipality,Municipal Corporation or Roads and Buildings Department ofthe Government;

1[(bb) ‘Chief Engineer ’ means the Chief Engineer of Irrigation andCommand Area Development Department who is incharge ofthe concerned Farmers Organisations;

(bbb) ‘Commissioner’ means an officer appointed by the Governmentas Commissioner under Section 33; ]

(c) ‘command area’ means an area irrigated or capable of beingirrigated either by gravitational flow or by lift irrigation or byany other method from a Government or the Corporation sourceand includes every such area whether it is called ‘ayacut’ or byany other name under any law for the time being in force;

CHAPTER-IPRELIMINARY

Short title, extentand commencement

1 Inserted as per Act 7 of 2003

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(d) 1 [‘Competent Authority ( Agriculture ) ’ means an officer ofthe Agriculture Department appointed as such underSection 21;

( dd) ‘Competent Authority ( Engineering )’ means an officer of anEngineering Department appointed as such under section 21;]

Act 12 of 1997 (e) ‘corporation’ means the Andhra Pradesh Water ResourcesDevelopment Corporation constituted under the AndhraPradesh Water Resources Development Corporation Act 1997;

(f) ‘distributory system,’ means and includes :

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

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

(iii) all field channels and other related channels and structuresunder a pipe outlet;

(g) ‘District Collector’ means the collector of the district in whichthe irrigation system is situated and includes any officerspecially notified by the Government to perform all or any ofthe 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 ofwaste or surplus water and all works connected therewithor ancillary thereto;

(ii) escape channels from an irrigation or distribution systemand other works connected therewith, but does not includeworks for removal of sewage;

(iii) all collecting drains and main drains to drain off surpluswater from field drains; and

1 Substituted as per Act 7 of 2003

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(iv) all field drains and related structures under pipe outlets.

(i) ‘Farmers Organisation’ wherever it occurs, shall mean andinclude :

(i) Water Users Association at the primary level consistingof all the water users, as constituted under Section 3;

(ii) Distributory Committee at the secondary level, asconstituted under Section 5; and

(iii) Project Committee at the project level, as constituted underSection 7;

(j) ‘field channel’ includes a channel existing or to be constructedby the Government or by the land holders or by any agency toreceive and distribute water from a pipe outlet;

(k) ‘field drain’, includes a channel excavated and maintained bythe land holder or by any other agency, to discharge waste orsurplus water from the land holding under a pipe outlet; andincludes drains, escape channels and other similar worksexisting or to be constructed;

(l) ‘ financial year’ means a year commencing from the 1st Aprilof the relevant year to the 31st March of the ensuing year;

(m) ‘financing agency’ means any commercial bank, or anycooperative society or any other bank or organisation establishedor incorporated under any law, for the time being in force, whichlends money for the development of the area of operation ofthe Farmers Organization;

(n) ‘Government’ means the State Government of Andhra Pradesh;

(o) ‘hydraulic basis’ means the basis for identifying a viableirrigated area served by one or more hydraulic structures suchas head works, distributories, minors, pipe outlets and the like;

(p) ‘irrigation system’ means such Major, Medium and MinorIrrigation System for harnessing water for irrigation and otherallied uses from Government / or Corporation source andincludes reservoirs, open head channels, diversion systems,anicuts, lift irrigation schemes, tanks, wells and the like;

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Explanation

(1) ‘Major Irrigation System’ means irrigation system under MajorIrrigation Project having irrigable command area of more than10,000 hectares.

1 [ Such system may have three tiered Farmers Organization,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 underMedium Irrigation Project having irrigable command area ofmore than 2000 hectares and upto 10,000 hectares.

2 [ Such system may have two tiered Farmers Organization,namely:

(i) Water Users Association at Primary level; and(ii) Project Committee at Project level; ]

(3) ‘Minor Irrigation System’ means irrigation system under MinorIrrigation Project having irrigable command area upto 2,000hectares.3 [ such system may have single tiered FarmersOrganisation, namely:Water Users Association;]

Act 26 of 1971 (q) ‘land holder’ means an owner and or a tenant recorded as suchin the record of rights-under the Andhra Pradesh Record ofRights in Land Act 1971 in respect of land in the notified ayacutarea of an irrigation system;

(r) ‘maintenance’ means execution of such works on the irrigationsystem as are necessary to ensure that the physical systemdesigned to the standards operates for proper distribution ofwater to the land holders in the area of operation;

1 Added as per Act 7 of 20032 Added as per Act 7 of 2003

3 Added as per Act 7 of 2003

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(s) ‘Notification’ means a Notification published in the AndhraPradesh Gazette, and the expression ‘notified’ shall be construedaccordingly;

(t) ‘operational plan’ means a schedule of irrigation deliveries withdetails of the mode and duration of supplies drawn up forregulation of irrigation in the command area of an irrigationsystem;

(u) ‘prescribed’ means prescribed by the Government by rules madeunder this Act;

(uu) 1 [‘Superintending Engineer’ means the SuperintendingEngineer of Irrigation and Command Area DevelopmentDepartment in charge of the concerned FarmersOrganizations;]

(v) ‘warabandi’ means a system of distribution of water allocationto water users by turn, according to an approved scheduleindicating the day, duration and the time of supply;

(w) ‘water allocation’ in relation to an irrigation system meansdistribution of water determined from time to time by a FarmersOrganisation in its area of operation;

(x) ‘water user’ means and includes any individual or bodycorporate or a society using water for agriculture, domestic,power, non-domestic, commercial, industrial or any otherpurpose from a Government or the corporation source ofirrigation;

Act 15 of 1984 (2) The words and expressions used in this Act, but not defined,shall have the same meaning assigned to them in the AndhraPradesh Irrigation Utilisation and Command AreaDevelopment Act., 1984.

1 Inserted as per Act 7 of 2003

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CHAPTER-IIFARMERS ORGANISATION

3(1) The District Collector may, by Notification and in accordancewith the rules made under this Act, in this behalf, delineateevery command area under each of the irrigation systems on ahydraulic basis which may be administratively viable anddeclare it to be a water users area for the purpose of this Act;

Provided that in respect of the command area under the Minorand Lift Irrigation Systems, the entire command area may, asfar as possible, form a single water users area.

(2) 1 [Every water users area shall be divided into TerritorialConstituencies which shall be six in Minor Irrigation Systemsand twelve in Major and Medium Irrigation Systems.]

(3) There shall be a Water Users Association called by its localdistinct name for every water users area delineated under sub-section (1).

(4) Every Water Users Association shall consist of the followingmembers, namely:(i) all the water users who are land holders in a water userarea;Provided that where both the owner and the tenant are landholders in respect of the same land, the tenant;

2 [Provided further that any person who is in lawful possessionand enjoyment of the land under a water source, on proof ofsuch possession and such enjoyment in a crop year, may claimmembership not withstanding whether he is a recorded landholder or not, in which case the Water Users Association shallnot refuse the membership of such person for the purposes ofthis Act, and such person shall be liable to pay the water chargesand the fees as may be prescribed as if he is a land holderunder a water source. ]

Delineation of waterusers area and

constitution of anassociation

1 Substituted for sub section (2) as per Act 7 of 20032 Inserted by Act No.1 of 1999

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(ii) all other water users co-opted in a water users area;

(iii) members specified in clause (i) and (ii) shall constitutethe General Body for a Water Users Association;

(iv) a person eligible to become a member of more than oneTerritorial Constituency of a Water Users Association underclause (i) shall be entitled to be a member of only oneTerritorial Constituency and he shall exercise his optionthereof as prescribed; and

(v) members specified in clause (i) shall alone have the rightto vote.

4(1) 2 [ There shall be a Managing Committee for each Water UsersAssociation comprising members of the TerritorialConstituencies as specified in sub-section (2) of Section (3)elected directly by the water users as specified in clause (i) ofsub-section (4) of Section 3 of the Act from their respectiveTerritorial Constituencies.

3[ Provided that two members nominated by the GramPanchayat of whom one shall be a woman, shall be the membersof the Managing Committees of Minor Irrigation Water UsersAssociations, without voting rights, in the manner prescribed.]

(2) The Managing Committee for Water Users Association shallbe a continuous body, with one third of its 4[elected] membersthereof retiring every two years as specified in sub-section (3).

(3) The term of the office of the members of the TerritorialConstituencies shall if not recalled or removed or disqualifiedunder the provisions of the Act, be six years from the date offirst meeting of the Managing Committee appointed by theCommissioner;

Provided that at the first election, all the TerritorialConstituency members shall be elected at one time, out of whichone third of the members thereof shall retire as soon as may be

1 [ Election ofPresident, Vice-

President andmembers of the

ManagingCommittee of Water

Users Association]

1 Substituted as per Act 7 of 20032 Substituted for section 4 as per Act 7 of 2003

3 Added as per Act 39 of 20054 Inserted as per Act 39 of 2005

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on the completion of two years, another one third members

shall retire after completion of four years and the remainingone third shall retire after completion of six years in office andtheir terms of retirement shall be decided by drawal of lots.

(4) The term of office of all the Territorial Constituency memberselected subsequent to the first election against the vacanciesof retirement, as specified in sub-section (3) shall be of six years,if not recalled or removed or disqualified under the provisionsof the Act.

(5) The District Collector shall cause arrangements for the electionof a Managing Committee consisting of one member from eachof the Territorial Constituencies of a water users area by asimplified election procedure in the manner prescribed;

Provided that for the reasons to be recorded in writing theGovernment may, from time to time, postpone the elections.

(6) The District Collector shall also cause arrangements for theelection of a President and a Vice-President of the ManagingCommittee from among the members of the ManagingCommittee of the Water Users Association, in the mannerprescribed;

Provided that for the reasons to be recorded in writing theGovernment may, from time to time, postpone the elections.

(7) If at an election held under sub-sections (5) and (6), thePresident or the Vice-President or the members of the TerritorialConstituencies of Water Users Association are not elected, freshelections shall be held in the manner prescribed.

(8) The President and the Vice-President of the ManagingCommittee of Water Users Association shall, if not recalled orremoved or disqualified by the provisions of the Act, be in officefor a period of two years from the date of election or his tenureas member of Territorial Constituency, whichever is earlier.

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(9) The term of office of the President, the Vice-President and themembers of Managing Committee of all the Water UsersAssociations formed, subsequent to ordinary election, shall alsoexpire at the time at which it would have expired, if he hadbeen elected at the ordinary election, be reckoned from thedate as appointed by the Commissioner, as specified in sub-section (3).

(10) The Managing Committee shall exercise the powers andperform the functions of the Water UsersAssociation.]

5(1) The Government may, by Notification and in accordance withthe rules made in this behalf, delineate every command area ofthe irrigation system, 1 [ xxx] 2 [ comprising of five or more]Water Users Associations, and declare it to be a distributoryarea for the purpose of this Act.

3[Provided that all Presidents of the Manadal Parishads withinthe distributory area nominated by the District Collector shallbe the members of the Managing Committee of the DistributoryCommittee without voting rights, in the manner prescribed.]

(2) There shall be a Distributory Committee called by its localdistinct name for every distributory area declared as such undersub-section (1).

(3) All the Presidents of the Water Users Associations in thedistributory area, so long as they hold such office, shallconstitute the General Body of the committee.

6(1) 5 [There shall be a Managing Committee for every DistributoryCommittee, consisting of all the members of the General Body].

(2) 6[The District Collector shall cause arrangements, for theelection of the President and the Vice-President from amongthe members of the Managing Committee of the DistributoryCommittee, in the manner prescribed:

Delineation ofdistributory area

and constitution ofthe Distributory

Committee

Election ofPresident, 4 [ Vice-

President ] andconstitution of

ManagingCommittee

1 Omitted as per Act 7 of 20032 Substituted as per Act 7 of 2003

3 Added as per Act 39 of 20054 Inserted as per Act 7 of 20035 Substituted as per Act 7 of 20036 Substituted as per Act 7 of 2003

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Provided that for the reasons to be recorded in writing, theGovernment may postpone the elections from time to time.]

(3) If, at an election held under sub-section (2) 1 [xxx]2 [the President or the Vice-President] are not elected, freshelections shall be held in the prescribed manner.

(4) 3 [The term of office of the President, the Vice-President andthe members of the Managing Committee of DistributoryCommittee shall, if not recalled or removed or disqualifiedunder the provisions of the Act earlier, be coterminous with theterm of the General Body specified in sub-section (3) of Section5.]

(5) The Managing Committee shall exercise the powers andperform the functions of the Distributory Committee.

7(1) The Government may by Notification and in accordance withthe rules made under this Act in this behalf, delineate everycommand area or part thereof, of an irrigation system anddeclare it to be a project area for the purposes of this Act.

(2) There shall be a Project Committee called by its distinct namefor every project area declared under sub-section (1).

(3) 4 [In Major Irrigation Systems, all the Presidents of theDistributory Committees in the Project Area, so long as theyhold such office, shall constitute the General Body of the ProjectCommittee:

Provided that such Project Committee shall have a minimumstrength of five members.]

Delineation ofproject area and

constitution ofProject Committee

1 Omitted as per Act 7 of 20032 Substituted as per Act 7 of 20033 Substituted sub-section 4 of Section 6 as per Act 7 of 20034 Substituted sub-section 3 of Section 7 as per Act 7 of 2003

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(4) In Medium Irrigation Systems, all the Presidents of the WaterUsers Associations in the project area, so long as they holdsuch office, shall constitute the General Body of the ProjectCommittee:

Provided that such Project Committee shall have a minimumstrength of five members. ]

8(1) 2 [There shall be a Managing Committee for every Project

Committee, consisting of all the members of the general body.]

3 [Provided that all Members of the Legislative Assembly, allMembers of the Parliament and Chairpersons of ZillaParishads within the Major Project area nominated by theGovernment shall be the members of the Managing Committeeof the Major Project Committee without voting rights, in themanner prescribed :

Provided further that all Members of the Legislative Assembly,all Members of the Parliament and Presidents of MandalParishads within the Medium Project area nominated by theDistrict Collector shall be the members of the ManagingCommittee of the Medium Project Committee without votingrights, in the manner prescribed.]

4 [The District Collector shall cause arrangements, for theelection of the Chairman and the Vice-Chairman from amongthe members of the Managing Committee of the ProjectCommittee, in the manner prescribed;

Provided that for the reasons to be recorded in writing, theGovernment, may postpone the elections from time to time.]

(3) If, at an election held under sub-section (2), the 5[xxx]6[Chairman and Vice-Chairman] are not elected, fresh electionsshall be held in the prescribed manner.

Election ofChairman,

1 [ Vice - Chairman ]and constitution of

the ManagingCommittee

1 Inserted as per Act 7 of 20032 Substituted as per Act 7 of 20033 Added as per Act 39 of 20054 Substituted sub-section 2 of Section 8 as per Act 7 of 20035 Omitted as per Act 7 of 20036 Substituted as per Act 7 of 2003

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(4) 1 [The term of office of the Chairman, Vice-Chairman and themembers of the Managing Committee of Project Committeeshall if not recalled or removed or disqualified under theprovisions of the Act earlier, be coterminous with the term ofGeneral Body specified in sub-section (3) and sub-section (4)of Section 7. ]

(5) The Managing Committee shall exercise the powers andperform the functions of the Project Committee.

Apex Committee 9 (1) The Government may, by Notification, constitute an ApexCommittee with such number of members as may be considerednecessary.

(2) The committee, constituted under sub-section (1), may exercisesuch powers and functions as may be necessary to:

(a) lay down the policies for implementation of the provisionsof this Act; and

(b) give such directions to any Farmers Organisation, as may beconsidered necessary, in exercising their powers and performingtheir functions in accordance with the provisions of this Act.

Procedure for recall 10(1)A motion for recall of 2[ xxx ] 3[ a Chairman or Vice-Chairmanor President or Vice-President ] or a member of a ManagingCommittee, as the case may be, of a Farmers Organisation maybe made by giving a written notice 4 [ as may be prescribed, tothe Competent Authority (Engineering) of the respectiveFarmers Organisation ] signed by not less than one-third ofthe total number of members of the Farmers Organisation, whoare entitled to vote,

Provided that no notice of motion under this Section shall bemade within one year of the date of assumption of office by theperson against whom the motion is sought to be moved.

1 Substituted sub-section 4 of Section 8 as per Act 7 of 20032 Omitted as per Act 7 of 20033 Substituted as per Act 7 of 20034 Substituted as per Act 7 of 2003

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(2)If the motion is carried with the support of majority of themembers present and voting at a meeting of the General Bodyspecially convened for the purpose, the 1[ xxx ] 2[ the CompetentAuthority (Engineering) ] shall by order remove him fromoffice and the resulting vacancy shall be filled in the samemanner as a casual vacancy.

11 The Managing Committee of a Farmers Organisation 3[ xxx ] 4[ shall ] constitute sub-committees to carry out all or any ofthe functions vested in each organisation under this Act.

12 Every Farmers Organisation shall be a Body Corporate with adistinct name having perpetual succession and a common sealand subject to the provisions of this Act vested with the capacityof entering into contracts and of doing all things necessary,proper or expedient for the purposes for which it is constitutedand it shall sue or be sued in its corporate name represented bythe Chairman or the President, as the case may be;Provided that no Farmers Organisation shall have the power toalienate in any manner, any property vested in it.

13 5[ xxx ] 6[ The Government or the District Collector ] may inthe interest of a Farmers Organisation in the command area byNotification and in accordance with the rules made in thisbehalf:

(a) form a new Farmers Organisation by separating the area fromany 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

Constitution ofsub-committees in

FarmersOrganization

FarmersOrganisation to bea body Corporate

Changes inFarmers

Organisation

1 Omitted as per Act 7 of 20032 Substituted as per Act 7 of 20033 Omitted as per Act 7 of 20034 Substituted as per Act 7 of 20035 Omitted as per Act 7 of 20036 Substituted as per Act 7 of 2003

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(e) cancel a Notification issued under this Act for rectifying anymistake:

Provided that no such separation, increase, diminution,alteration and cancellation shall be effected unless a reasonableopportunity is given to the organisation likely to be effected.

14(1) No village servant and no officer or servant of the Governmentof India or any State Government or of a local authority or anemployee of any Institution receiving aid from the funds of theGovernment shall be qualified for being chosen as or for being1[xxx ] 2 [ 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 villageoffices of neeruganti, neeradi, vetti, kawalkar, toti, talayari,tandalagar, sathsindhi or any such village office bywhatever designation it may be locally known;

(ii) the Telangana Area, any person who holds any of the villageoffices of neeradi, kawalkar, sathsindhi or any such villageoffice by whatever designation it may be locally known.

(1A) 3 [No member of Legislative Assembly or Member of Parliamentor office bearer of any body constituted under a law made bythe Legislative Assembly of the State or of Parliament shall bequalified for being chosen as or for being a Chairman or Vice-Chairman or President or Vice-President or member of theManaging Committee.]

(2) No person who has been convicted by a criminal court for anyoffence involving moral turpitude committed under any lawfor the time being in force shall be qualified for being chosen

Disqualifications ofcandidates or

members

1 Omitted as per Act 7 of 20032 Substituted as per Act 7 of 20033 Inserted by Act No. 7 of 2003

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in or for being 1 [ xxx ] 2 [ a Chairman or Vice-Chairman orPresident or Vice-President ] or a member of a ManagingCommittee.

(3) A person shall be disqualified for being chosen as 3 [ xxx ] 4 [ aChairman or Vice-Chairman or President or Vice-President]or a member of the Managing Committee if on the date fixedfor scrutiny of nominations for election, or on the date ofnomination he is :

(a) of unsound mind and stands so declared by a competentcourt;

(b) an applicant to be adjudicated as an insolvent or an un-discharged insolvent; or

(c) a defaulter of land revenue or water tax or charges payableeither to the Government or to the Farmers Organization;

(d) interested in a subsisting contract made with, or any workbeing done for, the Gram Panchayat, Mandal Parishad, ZillaParishad or any State or Central Government or the FarmersOrganization;

Provided that a person shall not be deemed to have any interestin such contract or work by reason only of his having share orinterest in:

(i) a company as a mere share-holder but not as a director;

(ii) any lease, sale or purchase of immovable property or anyagreement for the same; or

(iii) any agreement for the loan of money or any security forthe payment of money only; or

(iv) any newspaper in which any advertisement relating to theaffairs of the Farmers Organisation is inserted.

1 Omitted as per Act 7 of 20032 Substituted as per Act 7 of 20033 Omitted as per Act 7 of 20034 Substituted as per Act 7 of 2003

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Explanation

For the removal of doubts, it is hereby declared that where acontract is fully performed it shall not be deemed to besubsisting merely on the ground that the Gram Panchayat,Mandal Parishad, Zilla Parishad, the Farmers Organisation, theState or Central Government has not performed its part of thecontractual obligations.

(4) 1 [ xxx ] 2 [ a Chairman or Vice-Chairman or President orVice-President ] or a member of Managing Committee shallalso become disqualified to continue in office if he,

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

(b) absents for three consecutive meetings without reasonablecause.

Provided that such disqualification under item (b) shall notapply in the case of women who are in an advanced stage ofpregnancy and for a period of three months after delivery.3 [ xxx ]

4 [ (c) A person shall be disqualified for being chosen as or forbeing a Chairman or Vice-Chairman or President or Vice-President or member of Managing Committee, if he isdisqualified by or under any law for the time being in force forthe purpose of elections to the Legislative Assembly of the State;

Provided that no person shall be disqualified on the groundthat he is less than twenty five years of age, if he has attainedthe age of eighteen years.

d) A person shall be disqualified for a period of six years fromthe date of removal for being chosen as a Chairman or Vice-Chairman or President or Vice-President or member of theManaging Committee, if he is removed from any post in theFarmers Organization, by the Government or Commissioneror any designated officer as prescribed ]

1 Omitted as per Act 7 of 20032 Substituted as per Act 7 of 20033 Omitted as per Act 7 of 20034 Added as per Act 7 of 2003

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4 (A) 1 [ A member of the Water Users Association shall cease to bea member or 2 [ xxx ] 3 [ a Chairman or Vice-Chairman orPresident or Vice-President ] or a member of a ManagingCommittee 4 [xxx] if he ceases to be a landholder. ]

(5) A person having more than two children shall be disqualifiedfor election or for continuing as a 5 [xxx ] 6 [Chairman or ViceChairman or President or Vice President] a member of theManaging Committee;

Provided that the birth within one year from the date ofcommencement of this Act, hereinafter in this Section referredto as the date of such commencement, of an additionalchild shall not be taken into consideration for the purposes ofthis Section;

Provided further that a person having more than two children(excluding the child if any born within one year from the dateof such commencement) shall not be disqualified under thisSection for so long as the number of children he had on thedate of such commencement does not increase.

(6) 7 [Any member who is disqualified under this Section shall alsobe disqualified to hold any office in all the tiers of FarmersOrganisation. ]

15(1) 8 [A vacancy arising in a Farmers Organization either dueto disqualification under Section 14 or death or resignation orby any reason shall be filled in the manner prescribed.

(2) The term of office of a member or President or Vice-Presidentor Chairman or Vice-Chairman of the Farmers Organisation,so filled up under sub-section (1), shall expire at the time atwhich it would have expired, if he had been elected at theordinary election.

Filling up ofvacancies

1 Inserted by Act No. 1 of 19992 Omitted as per Act 7 of 20033 Substituted as per Act 7 of 20034 Omitted as per Act 7 of 20035 Omitted as per Act 7 of 20036 Substituted as per Act 7 of 20037 Added as per Act 7 of 20038 Substituted for section 15 as per Act 7 of 2003

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(3) The Commissioner may issue Notification for filling up thecasual vacancies in all the Farmers Organizations every sixmonths, in the manner prescribed;

Provided that no casual vacancy arising within the last sixmonths period of the tenure of the post in FarmersOrganizations, shall be filled in by elections. ]

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CHAPTER-III

OBJECTS AND FUNCTIONSOF THE FARMERS ORGANISATIONS

16 The objects of the Farmers Organisation shall be to promoteand secure distribution of water among its users, adequatemaintenance of the irrigation system, efficient and economicalutilisation of water 1 [ to encourage modernization ofagriculture, ] to optimize agricultural production, to protectthe environment, and to ensure ecological balance byinvolving the farmers, inculcating a sense of ownership of theirrigation system in accordance with the water budget and theoperational plan.

17 The Water Users Association shall perform the followingfunctions, namely :

(a) to prepare and implement a warabandi schedule for eachirrigation season, consistent with the operational plan, basedupon the entitlement, area, soil and cropping pattern asapproved by the Distributory Committee, or as the case maybe, the Project Committee;

(b) to prepare a plan for the maintenance of irrigation systemin the area of its operation at the end of each crop seasonand carry out the maintenance works of both distributorysystem and minor and field drains in its area of operationwith the funds of the association from time to time2[subject to such terms and conditions as may beprescribed].

(c) to regulate the use of water among the various pipe outletsunder its area of operation according to the warabandischedule of the system;

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

(e) to assist the Revenue Department in the preparation ofdemand and collection of water rates;

Objects

Functions ofWater UsersAssociation

1 Inserted as per Act 7 of 20032 Added as per Act 39 of 2005

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(f) to maintain a register of landholders as published by theRevenue Department;

(g) to prepare and maintain a register of co-opted members;

(h) to prepare and maintain an inventory of the irrigation systemwithin the area of operation;

(i) to monitor flow of water for irrigation;

(j) to resolve the disputes, if any, between the members andwater 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 conduct of elections to the ManagingCommittee;

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

(p) to abide by the decisions of the Distributory and ProjectCommittees;

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

(r) to encourage avenue plantation on canal bunds and tankbunds by leasing such bunds; 1 [ xxx ]

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

(t) 2 [to encourage modernization of agriculture in its area ofoperation; and

(u) to maintain the feeder channels of minor irrigation tanksby the respective Water Users Associations, in the mannerprescribed. ]

1 Omitted as per Act 7 of 20032 Added as per Act 7 of 2003

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18 The Distributory Committee shall perform the followingfunctions namely :

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

(b) to prepare a plan for the maintenance of both distributariesand medium drains within its area of operation at the endof each crop seasons and execute the maintenanceworks with the funds of the committee from time to time1[subject to such terms and conditions as may beprescribed].

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

(d) to resolve disputes, if any, between the Water UsersAssociations in its area of operation;

(e) to maintain a register of Water Users Associations in itsarea of operation;

(f) to maintain an inventory of the irrigation system in the areaof 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;

Functions ofDistributory

Committee

1 Added as per Act 39 of 2005

CHAPTER-III

Page 23

1 (m) to abide by the decisions of the Project Committee;

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

(o) to assist in the conduct of elections to the ManagingCommittee; 1 [ xxx ]

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

(q) 2 [to encourage modernization of agriculture in its area ofoperation. ]

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 CompetentAuthority in respect of the entire project area at thebeginning of each irrigation season;

(b) to approve a plan for the maintenance of irrigation systemincluding the major drains within its area of operation atthe end of each crop season and execute the maintenanceworks with the funds of the committee from time to time3[subject to such terms and conditions as may beprescribed.]

(c) to maintain a list of the Distributory Committees and WaterUsers Associations in its area of operation;

(d) to maintain an inventory of the Distributory and DrainageSystems in its area of operation;

(e) to resolve disputes if any, between the DistributoryCommittees;

1 Omitted as per Act 7 of 20032 Added as per Act 7 of 20033 Added as per Act 39 of 2005

Functions ofProject Committee

CHAPTER-III

Page 24

(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 periodicalsocial audit as may be prescribed; 1 [ xxx ]

(l) to encourage avenue plantation in its area of operation; and

(m) 2 [ to encourage modernization of agriculture in its area ofoperation.]

20 A Farmers Organisation may, for carrying out the purposes ofthis Act, achieving the objects of the Organisation andperforming its functions, levy and collect such fees as may beprescribed from time to time.

21(1)4 [The Government may by Notification appoint such officerfrom the Irrigation and Command Area DevelopmentDepartment, or any other Department or Corporation includingIrrigation Development Corporation, as they considernecessary, to be the Competent Authority (Engineering) withspecific functions as prescribed to every Farmers Organisationfor the purpose of this Act.]

(2) The Government may also, by Notification appoint an officerfrom the Agriculture Department, to be the Competent Authority(Agriculture) with the specific functions as prescribed, to everyFarmers Organisation for the purpose of this Act.

(3) For strengthening of the Farmers Organisations, theGovernment may also, by Notification appoint an officer orofficers from any department or departments, to be theAdditional Competent Authority or Authorities for dischargingspecific functions, as may be prescribed. ]

Power to levy andcollect fee

3 [Appointment ofCompetent

Authorities andtheir functions]

1 Omitted as per Act 7 of 20032 Added as per Act 7 of 20033 Substituted as per Act 7 of 20034 Substituted as per Act 7 of 2003

CHAPTER-III

Page 25

CHAPTER – IVRESOURCES

22 The funds of the Farmers Organisation shall comprise of thefollowing, namely:

(i) grants received from the Government as a share of the watertax collected in the area of operation of the FarmersOrganisation;

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

(iii) resources raised from any financing agency for undertakingany economic development activities in its area of operation;

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

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

(vi)amounts received from any other source.

Resources ofFarmers

Organization

Page 26

CHAPTER - VOFFENCES AND PENALTIES

23 Whoever without any lawful authority does any of the followingacts, namely :

(a) damages, alters, enlarges, or obstructs any irrigationsystem;

(b) interferes with, increases, or diminishes the watersupply in, or the flow of water from, through, over or underany irrigation system;

(c) being responsible for the maintenance of the irrigationsystem, neglects to take proper precautions for theprevention of wastage of the water thereof or interferes withthe authorised distribution of water there from or uses waterin an unauthorised manner, or in such manner as to causedamage to the adjacent landholdings;

(d) corrupts or fouls, water of any irrigation system so as torender it less fit for the purposes for which it is ordinarilyused;

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

(f) opens, shuts, or obstructs or attempts to open, shut orobstruct any sluice or outlet or any other similar contrivancein any irrigation system;

(g) 1 [violates the warabandi or the water distribution andregulation schedule made by the Water Users Associationor the Distributory Committee or the Project Committee,]

shall on conviction, be punished with imprisonment which mayextend to two years or with fine which may extend to fivethousand rupees or with both.

Offences andPenalties

1 Inserted by Act No. 1 of 1999

Page 27

24 Nothing in this Act shall prevent any person from beingprosecuted and punished under any other law for the time beingin force for any act or omission made punishable by or underthis Act;

Provided that no person shall be prosecuted and punished forthe same offence more than once.

25(1) A Farmers Organisation may accept from any person whocommitted or in respect of whom a reasonable belief can beinferred that he has committed an offence punishable underthis Act or the rules made thereunder, a sum of money notexceeding rupees one thousand by way of composition for suchoffence.

(2) On payment of such sum of money, the said person, if incustody, shall be discharged and no further proceedings shallbe taken against him in regard to the offence, so compounded.

Punishment underother laws not

barred

Composition ofoffences

CHAPTER-V

Page 28

CHAPTER – VISETTLEMENT OF DISPUTES

26 1 [Any dispute or difference touching the constitution,management, powers or functions of a Farmers Organizationarising between members, between a member and the ManagingCommittee of a Water Users Association or between two ormore Water Users Associations or between two or moreDistributory Committees or between two or more ProjectCommittees shall be determined and disposed of in the mannerprescribed. ]

Appeals 27 2 [Any party to a dispute or difference aggrieved by a decisionmade or order passed by the Managing Committee of FarmersOrganization or by a designated officer, as the case may be,may appeal to the authority and such appeals shall be disposedof, in the manner prescribed.]

Settlement ofdisputes

1 Substituted for section 26 as per Act 7 of 20032 Substituted for section 27 as per Act 7 of 2003

Page 29

CHAPTER – VIIMISCELLANEOUS

Records 28(1)Every Farmers Organisation shall keep at its office, thefollowing accounts, records and documents, namely:

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

(b) a map of the area of operation of the Farmers Organisationalong with map of the structures and distributory networksprepared in consultation with the Irrigation 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 theFarmers Organisations;

(g) register of measurement books, level field books, workorders and the like;

(h) copies of audit reports and enquiry reports; and

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

(2) 1 [The books of accounts and other records shall be open forinformation to the members of the Farmers Organization andalso for inspection to any officer or officers authorized by theGovernment or Commissioner, as may be prescribed.]

1 Substituted as per Act 7 of 2003

Page 30

(3) 1 [To encourage effective functioning of the FarmersOrganizations, the Government may prescribe incentives anddisincentives for Farmers Organisations, based on theirperformance.]

Audit 29 Every Farmers Organisation shall get its accounts audited inthe manner prescribed.

Recovery of dues 30 All the amounts payable or due to a Farmers Organisation shallbe recovered as arrears of land revenue.

Meetings 31 The meetings of the Farmers Organisation and the ManagingCommittees thereof, at such intervals, the procedure, thepresidency and the quorum thereof and the cessation ofmembership thereof shall be, as may be prescribed.

Resignation 32 2 [A member or President or Vice-President or Chairman orVice-Chairman of the Managing Committee of a FarmersOrganisation may resign his office through a letter sent byregistered post or tendered in person to the authority designatedand it shall be processed and disposed of in the mannerprescribed. ]

33(1) The Government may by Notification appoint aCommissioner to exercise general control and superintendenceover the Competent Authorities and the District Collector inperformance of their functions under this Act or the rules madethere under.

(2) The powers to be exercised and the functions to be performedby the Commissioner shall be such as may be prescribed.

Appointment of aCommissioner

1 Added as per Act 7 of 20032 Substituted for section 32 as per Act 7 of 2003

CHAPTER-VII

Page 31

34 The Government may by Notification appoint an officer orofficers 1 [ or the outgoing President or Chairman of theFarmers Organisations whose performance is adjudged asgood, as prescribed ] to exercise the powers and perform thefunctions of a Farmers Organisation and the ManagingCommittee thereof till such time such Farmers Organisation isduly constituted or reconstituted and such Managing Committeeassumes office under the provision of this Act.

35 All permissions, orders, decisions, notices and other documentsof the Farmers Organisation shall be authenticated by thesignature of the Chairman or President of the FarmersOrganisation or any other member of the Managing Committeeauthorised by the Managing Committee in this behalf.

36 No act or proceedings of the Managing Committee of a FarmersOrganisation shall be invalid by reason only of the existence ofany vacancy in, or defect in the constitution of, the saidcommittee.

37(1)The Farmers Organisation shall keep their funds in aNationalized Bank or a Co-operative Bank namely a PrimaryAgricultural Co-operative Society or the District Co-operativeCentral Bank or the Andhra Pradesh State Cooperative CentralBank.

(2) The funds shall be applied towards meeting of the expensesincurred by the Managing Committee of the concerned FarmersOrganisation in the administration of this Act and for no otherpurpose.

Sinking fund 38(1)The Managing Committee of the Farmers Organisation shallmaintain a sinking fund for the repayment of moneys borrowedand shall pay every year into the sinking fund such sum as maybe sufficient for repayment within the period fixed of all moneysso borrowed.

(2) The sinking fund or any part thereof shall be applied in ortowards, the discharge of the loan for which such fund wascreated, and until such loan is wholly discharged, it shall notbe applied for any other purpose.

Transitionalarrangements

Authentication oforders and

documents of theFarmers

Organisation

Acts not to beinvalidated byin-formality or

vacancy etc

Deposit andadministration of

the funds

1 Inserted as per Act 7 of 2003

CHAPTER-VII

Page 32

Budget 39 The 1 [ xxx ] 2 [financial sub-committee] of a FarmersOrganisation shall prepare in such form in every financial yeara budget in respect of the financial year next, showing theestimated receipts and expenditure of the committee and shallplace before the General Body of the Farmers Organisation forits approval as may be prescribed.

40 No suit, prosecution or other legal proceedings shall beinstituted against any person for anything which is, in goodfaith done or intended to be done under this Act or under therules made there under.

41(1)If any difficulty arises in giving effect to the provisions of thisAct or as to the first constitution or reconstitution of any FarmersOrganisation after the commencement of this Act, theGovernment, as the occasion may require, by order publishedin the Andhra Pradesh Gazette, do any thing which appears tothem necessary for removing the difficulty.

(2) All orders made under sub-section (1) shall as soon as may be,after they are made, be placed on the table of the legislativeassembly of the state and shall be subject to such modificationsby way of amendments or repeal as the Legislative Assemblymay make either in the same session or in the next session.

41A (1)4 [Notwithstanding anything contained in this Act, it shall becompetent for the Government or, as the case may be, theCommissioner or designated officers not below the rank of aSuperintending Engineer, either on its own accord or onapplication made issue such directions, as they may considernecessary, to any Farmers Organisation for the proper workingof the said Organisation and such Farmers Organisation shallimplement those directions for effective functioning of the saidOrganisation.

Protection of actsdone in good faith

Power to removedifficulties

3 [Power to givedirection etc.,]

1 Omitted as per Act 7 of 20032 Substituted as per Act 7 of 20033 Inserted by Act No. 1 of 19994 Substituted for Section 41(A) as per Act 7 of 2003

CHAPTER-VII

Page 33

(2) If in the opinion of the Government or, as the case may be, theCommissioner or the officers as designated in sub-section (1),the President or Vice-President or Chairman or Vice-Chairmanor the members of the Managing Committee of a FarmersOrganisation,

(i) Willfully omitted or refused to carry out the directions ofthe Government or the Commissioner or the officers asdesignated in sub-section (1) for the proper working of theorganisation; or

(ii) abused his position or the power vested in him; or

(iii) is guilty of misconduct in the discharge of his duties; or

(iv)persistently defaulted in the performance of his functionsand duties entrusted to him under the Act to the detrimentof the functioning of the concerned organisation or hasbecome incapable of such performance; or

(v) violated any of the provisions of the Act or the rules madethere under; or

(a) defaulted in carrying out the financial audit in themanner prescribed; or

(b) defaulted in conducting General Body Meetings inthe manner prescribed; or

(c) defaulted in formation of sub-committees in themanner prescribed; or

CHAPTER-VII

Page 34

(vi) incurred any of the disqualifications under the provisions ofAct, the Government or, as the case may be, the Commissioneror the officers designated in sub-section (1) may proceed eithersuo-motu or on a representation or application, and may removesuch President or Vice- President or Chairman or Vice-Chairman or the member or members of the ManagingCommittee after giving reasonable opportunity of making arepresentation against such action.

(3) Any amount fallen due to be recovered, consequent to anyfinancial irregularity committed by the Chairman or Vice-Chairman or President or Vice-President or member ormembers of the Managing Committee during their tenure, shallbe recovered as per the Andhra Pradesh Revenue RecoveryAct, 1864 or any Act for the time being in force and be creditedto the respective Farmers Organisation or Government, as thecase may be.

(4) All appeals on the orders issued under Section (2) shall laybefore an appellate authority not below the rank of a DistrictCollector as may be prescribed within a period of thirty daysfrom the date of serving the said orders to the concerned personor persons and the decision of the appellate authority thereonshall be final.]

41-B 1 [ The Government, or the Commissioner may either on itsown accord, or an application made call for and examine therecords of any committee of a Farmers Organisation or, as thecase may be, the records of the Apex Committee in respect ofany decision, order, or other proceedings made under this Actto satisfy themselves or himself as to the correctness, legalityor propriety of any such decision or order, or as to the regularityof such proceedings and if in any case it appears to theGovernment or to the Commissioner that such decision, orderor proceedings should be modified, annulled, reversed orremitted for reconsideration, they or he may pass ordersaccordingly;

Provided that the Government or the Commissioner shall not

Revision by theGovernment or the

Commissioner

3 Inserted by Act No. 1 of 1999

CHAPTER-VII

Page 35

pass any order prejudicial to any party unless he has been givenan opportunity of making a representation. ]

Savings 1 [42] Nothing contained in this Act shall affect the rights orproperties vested in a Gram Panchayat, Mandal Parishad, ZillaParishad, Municipality or Municipal Corporation under any lawfor the time being in force.

(2) 2 [ xxx ]

Power to make rules 43(1)The State Government may, by Notification in the OfficialGazette, make rules to carryout the purposes of this Act.

(2) Every rule made under this Act shall immediately after it ismade, be laid before the Legislative Assembly of the State, if itis in session and if it is not in session, in the session immediatelyfollowing for a total period of fourteen days which may becomprised in one session or in two successive sessions, and if,before the expiration of the session in which it is so laid or thesession immediately following, the Legislative Assembly agreesin making any modification in the rule or in the annulment ofthe rule, the rule shall, from the date on which the modificationor annulment is notified, have effect only in such modified formor shall stand annulled as the case may be, so however, thatany such modification or annulment shall be without prejudiceto the validity of any thing previously done under that rule.

Secretary to Government, Legislative Affairs & Justice,

Law Department

1 42(1) is renumbered as 42 as per Act 7 of 20032 Omitted as per Act 7 of 2003

CHAPTER-VII

Page 36

FO - Farmers Organisation

MLA - Member of Legislative Assembly

WUA - Water Users Association

MP - Member of Parliament

DC - Distributory Committee

CA - Competent Authority

PC - Project Committee

MI - Minor Irrigation

TC - Territorial Constituency

A

Act (APFMIS)Area of operation (1)(2)Commencement (1)(3)

Act (others)Act 12 of 1997 (2)(1)(e)(AP Water ResourcesDevelopment Corporation Act)

Act 15 of 1984 (2)(2)(AP Irrigation utilisationand command Area Deve-lopment Act)

Act 26 of 1971 (2)(1)(q)(AP record of rights inLand Act.)

AP Revenue recoveryAct 1864 (41A)(1)(3)

Apex Committee Constitution (9)(1)Functions (9)(2)

AppealsFarmers Organisation (27)Authority for appeal

(27), (41A), (1)(4)AppointmentCommissioner (33)(1)Competent Authority(Engg) (21)(1)

Competent Authority (Agl)(21)(2)Competent Authority (Addl.)(21)(3)

Area of operationFarmers Organisation (2)(1)(a)Act (1)(2)

Arrears of land revenueRecovery (30)

AuditDC (18)(i)Farmers Organisation (29)PC (19)(h)WUA (17)(m)

AuthenticationRecords (FO)(35)Authority (35)Ayacut roadDefinition (2)(1)(b)

B

BankDeposits of FO(37)(1)

Lending money List of banks (2)(1)(m)Body corporate

Farmers Oganisation (12)Budget

Approval (39)Preparation (39)

C

Casual VacancyCauses (15)(1),(10)(2)Filling up (15)(3)Period of notification (15)(3)

Term of Office (15)(2)Chairman

Election (8)(2)Fresh Elections (8)(3)Term of Office (8)(4)Removal (41A)(2)Resignation (32)Transitional arrangements (34)

Chief EngineerDefinition (2)(1)(bb)

Key Word Index

Page 37

Command areaDefinition (2)(1)(c)

CommissionerAppointment (33)(1)Definition (2)(1)(bbb)Functions (33)(2)

PowersDirections to Fos (41A)(1)Removal of office bearers (41A)(2)Appointing date of firstmeeting (4)(3)Filling up Casual Vacancies(15)(3)Revision of FO Decisions (41B)Other Powers (33) (2)

Competent Authority (Engineering)Appointment (21)(1)Definition (2)(1)(dd)

Competent Authority (Agriculture)Appointment (21)(2)Definition (2)(1)(d)

Competent Authority (Additional)Appointment (21)(3)Definition (21)(3)

Composition of offencesIrrigation offences (25)

ConstitutionApex committee (9)(1)Distributory committee (5)(1)General body (WUA) (3)(4)(iii)Project committee (7)(1)Sub-committee (11)

Continuous bodyWater Users Association (4)(2)

ContractsFarmers Organisation (12)

Co-opted membersWater Users Association (3)(4)(ii)

CorporationDefinition (2)(1)(e)

DefinitionArea of operation (2)(1)(a)Ayacut road (2)(1)(b)Chief Engineer (2)(1)(bb)Command area (2)(1)(c)Commissioner (2)(1)(bbb)

Competent Authority (Engg)(2)(1)(dd)Competent Authority

(Agr) (2)(1)(d)Corporation (2)(1)(e)Distributory system (2)(1)(f)District Collector (2)(1)(g)Drainage system (2)(1)(h)Farmers Organisation (2)(1)(i)Field channel (2)(1)(j)Field drain (2)(1)(k)Financial year (2)(1)(l)Financing agency (2)(1)(m)Government (2)(1)(n)Hydraulic basis (2)(1)(o)Irrigation systems (2)(1)(p)Land holder (2)(1)(q)Maintenance (2)(1)(r)Major Irrigation System

(2)(1)(p)(1)Medium Irrigation system

(2)(1)(p)(2) Minor Irrigation system

(2)(1)(p)(3)Notification (2)(1)(s)Operational plan (2)(1)(t)Prescribed (2)(1)(V)SuperintendingEngineer(2)(1)(UU) Village servant (14)(1)Warabandi (2)(1)(v)Water Allocation (2)(1)(w)Water User (2)(1)(x)Water Users Association (3)(4)

DelineationDistributory Committee (5)(1)Hydraulic basis (3)(1)Lift irrigation scheme (3)(1)Project Committee (7)(1)Water users Association (3)(1)

DepositsFarmers Organisation (37)(1)

Direction to FOsCommissioner (41A)(1)Designated Officer (41A)(1)Government (41A)(1)Sumo motu (41A)(1)

Page 38

DisincentivesFarmers Organisations (28)(3)

DisputesAppeals (27)Settlement (26)

Disqualification (Candidates)Chairman /Vice-Chairman (14)(1)Effect on other post (14)(6)Member of managingCommittee (14)(1)President / Vice-President (14)(1)

Grounds Convict (14)(2) Defaulter of land revenue (14)(3)(c) Insolvent (14)(3)(b) MLAs, MPs (14)(1A) On grounds of age (14)(4)(c) On grounds of children (14)(5)

Distributory CommitteeConstitution (5)(1)Delineation (5)(1)ElectionsPresidents/Vice-Presidents (6)(2)Postponement (6)(2)

Fresh elections (6)(3) Functions (18) Term of Office

President (6)(4)Vice-President(6)(4)

Managing committee (6)(1) Minimum strength (5)(1) Naming (5)(2) Notification (5)(1) District Collector Definition (2)(1)(g) Delineation authority Water user area (3)(1)Documents Authentication (35)Drainage system Definition (2)(1)(h)Dues Recovery (30)

EElections DC President (6)(2)

DC Vice-President (6)(2) PC Chairman (8)(2) PC Vice-Chairman (8)(2) TC members (4)(5) WUA President (4)(6) WUA Vice-President (4)(6)

FFarmers organisation Audit (29) Body corporate (12) Disincentives (28)(3) Government, powers To increase area (13)(b) To decrease area (13)(c) To alter boundaries (13)(d) Incentives (28)(3) Meetings (31) Naming (12) Objects (16) Perpetual succession (12) Resources (22) Suing (12)First meeting of WUA (4)(3)Fee Collection WUA resources (22)(v)Feeder channels WUA functions (17)(u)Field channel Definition (2)(1)(j)Field drain Definition (2)(1)(k)Filled in vacancies Term of office (15)(2)Financial irregularity Revenue recovery (41A)(3) Appellate Authority (41A)(4)Financial year Definition (2)(1)(l)Financing Agency Definition (2)(1)(m)Fresh Elections Water User Association Member (4)(7) President (4)(7) Vice-President (4)(7) Distributory Committee President (6)(3)

Page 39

Vice-President (6)(3) Project Committee Chairman (8)(3) Vice-Chairman (8)(3)Functions Apex Committee (9)(2) Commissioner (33)(1) Distributory Committee (18) Project Committee (19) Sub-committees (11) Water Users Association (17)

GGeneral Body Budget approval (39) Distributory Committee (5)(3) Project Committee (8)(1),(7)(3) Recall (10)(2) Water Users Association (3)(4)(iii)Government Definition (2)(1)(n) Government powers

AppointmentCA (additional) (21)(3)CA (Engineering) (21)(2)CA (Agriculture) (21)(1)Commissioner (33)(1)Delineation

Distributory Committee(5)(1) Project Committee (7)(1) Direction to FOs (41A)(1) Make rule (43)(1) Postpone Elections

DC (6)(2)PC (8)(2)WUA(4)(5)

Removal of office bearers (41A)(2) Revision of orders to FOs (41B) To remove difficulties (41)(1) Transitional arrangements (34)Grants WUA resources (22)(i)

HHydraulic basis Definition (2)(1)(o) Delineation (3)(1)

IIncentives Farmers Organisation (28)(3)Income from assets Resources (22)(iv)Insolvent Disqualification (14)(1)(3)(b)Interference Offences (23)(b)Irrigation offence Damaging systems (23)(a) Penalties (23)(g)Irrigation system Definition (2)(1)(p)

LLand Holder Definition (2)(1)(q) Tenant (2)(1)(q)Land Revenue Defaulter (14)(3)(c)Levy of fees Powers of FO (20)Lift Irrigation Schemes Delineation (3)(1) Formation of WUAs (3)(1)Local distinct name Water Users Association (3)(3)

MMaintenance plan Distributory Committee (18)(b) Project Committee (19)(b) Water Users Association (17)(b)Major Irrigation System Definition (2)(1)(p)(1) No of TCs (3)(2) Tiers Project level (2)(1)(p)(1) Primary level (2)(1)(p)(1) Secondary level (2)(1)( p)(1)Managing Committee Distributory committee Formation (6)(1) Functions (6)(5) Powers (6)(5) Meetings (31)

Page 40

Project committee Formation (8)(1) Functions (8)(5) Powers (8)(5) Water Users Association Continuous body (4)(2) Formation (4)(1) Functions (4)(10) Powers (4)(10)Medium Irrigation System Definition (2)(1)(p)(2) No of TCs (3)(2) Tiers Primary level (2)(1)(p)(2) Project level (2)(1)(p)(2)Meetings Farmers Organisation (31) Frequency (31) Procedures (31)Members (TC) Elections (4)(5) Removal (41A)(2) Resignation (32)Members eligibility Tenure fixation (4)(3) Term of office(4)(3),(4)(4) Voting right (3)(4)(v)Membership Cessation (31)Minimum strength Distributory Committee (5)(1) Project Committee Major Irrigation (7)(3) Medium Irrigation (7)(4)Minor Irrigation System Definition (2)(1)(p)(3) No of TCs (3)(2) Tiers Water Users Association (2)(1)(p)(3)Modernisation of Agriculture Distributory Committee (18)(q) Project Committee (19)(m) Water Users Association (17)(t)

NNotice Recall (10)(1)

Notification Apex Committee (9)(1) Casual vacancy (15)(3) Definition (2)(1)(s) Distributory Committee (5)(1) Gazette (2)(1)(s) Project Committee (7)(1) Transitional arrangements (34) Water users area (3)(1)

OObjects Farmers Organisation (16)Offences Damaging system (23)(a) Interference (23)(b) Unauthorised use (23)(c) Violation of Warabandi (23)(g)Operation plan Definition (2)(1)(t) Distributory Committee (18)(a) Project Committee (19)(a) Water Users Association (17)(a)

PPC Chairman Term of office (8)(4)PC Vice-Chairman Term of office (8)(4)Perpetual succession Farmers Organisation (12)Postponement DC elections (6)(2) PC elections (8)(2) WUA elections (4)(5)Prescribed Definition (2)(1)(u)President Authentication of records (35) Distributory Committee Election (6)(2) Fresh election (6)(3) President (DC)

Elections (6)(2)Fresh Elections (6)(4)Term of office (6)(4)Removel (41A)(2)

Page 41

Resignation(32)Transitional arrangements (34)

Presidents (WUA)Elections (4)(1) resh Elections (4)(7) Term of office (4)(3),(4)(4) Removel (41A)(2) Resignation(32) Transitionalarrangements (34)

Project Committee Constitution (7)(1) Delineation (7)(1) Elections (8)(2) Fresh elections (8)(3) Functions (19) General body (7)(3) Managing committee (8)(1) Minimum strength (7)(3),(7)(4) Naming (7)(2) Notification (7)(1)Project level - Tiers Major system (2)(1)(p)(1) Medium system (2)(1)(p)(2)Publication Gazette notification (2)(1)(s)Punishments Composition of offences (25) Under other laws (24)

R

Recall Removel (10)(2) Casual vacancy (10)(2) General body (10)(2) Notice (10)(1) Quorum for notice (10)(1)Records Inspection (28)(2) Maintained by FOs (28)(1)Recovery Dues of law revenue (30)Removal Office bearers (41A)(1)(2) Causes(41)(2)(v)(a)Resignation

Office bearers (32)Resources Grants (22)(i) Water tax (22)(i)Properties and assets (22)(iv)financing agency (22)(iii)Other sources (22)(vi)fees collection (22)(v) Retirement of members Water Users Association (4)(2)Right to vote (3)(4)(iv)Rules Framing authority (43)

SSettlement Disputes (26)Sinking fund (38)Social audit DC function (18)(n) PC function (19)(k) WUA function (17)(s)Special fee (collection) Powers of FOs (20)Sub-committees Budget preparation (39) Constitution (11) Functions (11)Superintending Engineer Definition (2)(1)(uu)

T

TC members Constitution (4)(1) Retirement (4)(3) Retirement (two third) (4)(3) Retirement (full term) (4)(3)Term of office Chairman of PC (8)(4) Filled in vacancies (15)(2), (4)(9) Member of TC (4)(3),(4)(4) President of DC (6)(4) President of WUA (4)(8) Vice-President of DC (6)(4) Vice-Chairman PC (8)(4) Vice-President of WUA (4)(8)

Page 42

Territorial Constituencies Major Irrigation (3)(2) Medium Irrigation (3)(2) Minor Irrigation (3)(2)Tiers of Farmers Organisation Major Irrigation System (2)(1)(p)(1) Medium Irrigation System

(2)(1)(p)(2) Minor Irrigation System (2)(1)(p)(3)Transitional Arrangements Notification (34) Procedure (34) Time limit (34)

V

Vacancies in FO Authority for notification (15)(3) Casual Vacancy (10)(2) Causes (15)(1) Period of notification (15)(3)Vacancy filling Chairman of PC (8)(3)

President of DC (6)(3) President of WUA (4)(7) Vice-President of DC (6)(3) Vice-chairman of PC (8)(3) Vice-president of WUA (4)(7)Vice-chairman Project Committee Election (8)(2) Fresh election (8)(3) Term of office (8)(4)

Removel (41A)(2)Resignation (32)

Vice-President Distributory Committee Election (6)(2) Fresh election (6)(3) Term of office (6)(4)

Removal (41A)(2)Resignation (32)

Water Users Association Election (4)(6) Fresh election (4)(7)

Term of office (4)(8), (4)(9)Removal (41A)(2)Resignation (32)

Village servant Definition (14)(1)Voting rights Members eligible (3)(4)(v)

W

Warabandi Definition (2)(1)(v) Violation (23)(g)Water allocation Definition (2)(1)(w) Warabandi (2)(1)(v)

Water budgeting DC functions (18)(n) PC functions (19)(k) WUA functions (17)(s)Water Tax (22)( i)Water User Definition (2)(1)(x)Water Users Area Delineation (3)(1) Hydraulic basis (3)(1) Lift irrigation (3)(1) Notification (3)(1)

Water Users Association Continuous body (4)(2) Co-opted members (3)(4)(ii) Elections (4)(5) Postponement (4)(5) members (3)(4) First meeting 4(3) Fresh elections (4)(7) Functions (17) General body (3)(4)(iii) Land holders (3)(4)( i) Local distinct name (3)(3) Term of office Members (4)(3) and (4)(4) President (4)(8) Vice-president (4)(8)

Section Description Page No.

CHAPTER-IPreliminary

1. Short title, extent and commencement 2

2. Definitions 2

CHAPTER-IIFarmers Organisation

3. Delineation of water users area and constitution of an association 7

4. Election of President, Vice-President and Members of the managingcommittee of Water Users Association 8

5. Delineation of distributory area and constitution of the Distributory Committee 10

6. Election of President, Vice-president and constitution of managing committee 10

7. Delineation of project area and constitution of Project Committee 11

8. Election of Chairman, Vice-chairman and constitution of the managing committee 12

9. Apex Committee 13

10. Procedure for recall 13

11. Constitution of sub-committees in Farmers Organisation 14

12. Farmers Organisation to be a body corporate 14

13. Changes in Farmers Organisation 14

14. Disqualification of candidates or members 15

15. Filling up of vacancies 18

I n d e x

(Contd)

(i)

Section Description Page No.

CHAPTER-III

Objects And FunctionsOf The Farmers Organisations

16. Objects 20

17. Functions of Water Users Association 20

18. Functions of Distributory Committee 22

19. Functions of Project Committee 23

20. Power to levy and collect fee 24

21. Appointment of Competent Authorities and their functions 24

CHAPTER-IVResources

22. Resources of Farmers Organization 25

CHAPTER-VOffences And Penalties

23. Offences and Penalties 26

24. Punishment under other laws not barred 27

25. Composition of offences 27

CHAPTER-VISettlement Of Disputes

26 Settlement of disputes 28

27. Appeals 28

(Contd)

(ii)

Section Description Page No.

CHAPTER-VIIMiscellaneous

28. Records 29

29. Audit 30

30. Recovery of dues 30

31. Meetings 30

32. Resignation 30

33. Appointment of a Commissioner 30

34. Transitional arrangements 31

35. Authentication of orders and documents of the Farmers Organization 31

36. Acts not to be invalidated by informality or vacancy 31

37. Deposit and administration of the funds 31

38. Sinking fund 31

39. Budget 32

40. Protection of acts done in good faith 32

41. Power to remove difficulties 32

41A. Power to give direction etc., 32

41-B. Revision by the Government or the Commissioner 34

42. Savings 35

43. Power to make Rules 35

(iii)

Foreword

The Andhra Pradesh Farmers Management ofIrrigation Systems Act

(Act 11 of 1997)

With Updated Amendments as on April 2007

Irrigation and Command Area Development DepartmentGovernment of Andhra Pradesh