1158(18)

MADHYA PRADESH ACT

No. 23 of 1999.

I

THE MADHYA PRADESH S/NCHAI PRABANDHAN ME KRISHKON KJ.BHAG1DARl ADH1NIYAM, 1'99.

TABLE OF CONTENTS

Sections:

CHAPTER~..pRELlMINARY

1. Short title, extent and commencement.

2. Definition.

CHAPTER-It-fARMERS' ORGANISATION

3 Delineation of Water Users' area and constitution of an assoclatloa,

4. ~anaging Committee of Water Us:rs' Association.

~ Delineation of distributary area and constitution of the Distributary

Committee.

6. Election of Managing Committee of Distributary Committee.

., Delineation of ?fQjE::ct area and constmnion of Project Commnt~.

8. Election of Managing Committee for every Project Committee,

9. Apex Committee.

10 Procedure for recall.

11. Co'nstitution of Sub-Committee in farmers' organisation.

12. Farmers' organization to be ~ body~ts.

13. Changes in Farmers' Organisation.

14. Disquatifications of candidates or members.

15. Filling up of vacancies,

CHAPTER-Ill-OBJECTS AND FUNCTIONS OF THE FARMERS ORGAlIUSATION

16. Objects.

17. Functions afWaler Users' Association.

18. Functions Gf.Distributory Committees.

19. Functions of Project Commiftees.

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1158(19)

20. Po\Wr to levy and collect fee.

21. Appointmentof Competentauthority and his functions.

CHAPTER .IV·RESOURCES

22. Resources of Farmers'OrganisatiM.

CHAPTER- V-OFFENCES ANIO PENALnES

23. Offences and Penalties.

24. PunishmentundeT other laws not barred.

25. Compot.iUon of offences.

CHAPTER·Vi-SETTLEMENT OF DISPUTE

26. Settlement of disPille.

27. JIilPeals.CHAPTERNn· M\scellaneou5

28. R~ord.

29, AUdit.

30. Recovety or a-s.

31. Meet/flgs.

'32.. Resignation.

33. Appointment of Controiling Officer.

34. TfSns.'tional Qffangements.

35. Authentication of ordersand documents of the farmers' organisation.

36. Acts not \0 be"invalidated 'Q'i informaj\ty or v:'lcancy etc.

37. Deposit and administtation of tl\e fUI\~.

38. Sinking fun~

39. ~udget

40. Protectionof acts done in good faith.

41. Power to remo1le diffICvn!es.

42. Savings..

43. Powerto rnake rules.

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1158(20) 1J~ ~,~ 18 3flrol' 1999

MADHYA PRADESH Ac1

No. 23 OF 1999.

THE MADHY~ PRADESH SINCHAI PRABANDHAN MEKRISHKON KJBHAGIDARI ADHINtYAM, 1999.

{Received the assent of the Governor on the 12th August, 1999; assent first published in the"Madhya Pradesh Gazette (Extra-ordincuy)" dated the 18thAugust, 1999.]

An Act to provide for Farmers' participation in the Management of Irrigation Systemand for matters connected therewith or Incidental thereto.

Be it enacted by the Madhya Pradesh Legislature in the Fiftieth Year of the Republic ofIndia as fol/ow:-

CHAPTER-I-PRELI MANARY

Short title,extent andcommence­ment.

Definitions.

1.(1)This act may be called the Madhya Pradesh Sinchai Prabandhan Me Krishakon Ki8hagidari Adhiiiiyam, 1999.

(2) It extent to the whole of the Madhya Pradesh.(3) It shall come into force on such date as the state Government may, by notification in theofficial galelle, appolnl and difff;Htmi dates may be alJpointed rOI different areas ane_different provistons.

2. (1) In this Act. unless the context otherwise requjres:-(a) "area of operation- in relation to farmers' organisation means a contiguous biochlf

land in the command area of an irrigation system as may be notified by the StateGovernment f-or the purposes of trus Act;

(b) "ayacut road" means a road \.Yithin the area 01operation of a farmers'organisation for the purpose of irrigation and agriCUlture but does not include a road vested ~ aGram Pancnayat. Janpad Panchayat. lila Panchayat. 'Nagar Panchayat. Municipal Council,Municipal Corporation or-Pubiic worss Department oJ toe Slate Government;

(C) "Command area" means an area litigated 01 capable of being irrigated either bygravitational flow or by lift lrrlgatlon or oy any other method from a Government or !beGovernment aided source and includes every such area \AAlel:hef it is called 'ayacut' OT by anyother name under any law for the time being iniorce;(d) "competent, authority" means the competent authority appointed under Section «1:(e) "distributory system" means and includes.-

(I) all main canals, branch canals .distribotories and minor canals constructed for the supplyand distribution of water for irrigation;

(II) all wor~, strudures And appliances connected With the d/st(IbutIOG..ofwater for irrigation; and

(iii) all field channels and other related channels and structures under a pipe

outlet.

outlet;

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· 1~58(21)

(1) ';dralnage system"In relation to an Irrigation system includes,·(I) channels either natural or artiftcia~ for the discharge of waste or

surpluswaterand all woJ1<s connected thereVv'l1h or antillary thereto;

(ii)

{iii)

(iv)

(g)

(i)

(II)

(iii)

(hi

(i)

(j)

(k)

e5CaRe channels from an iffigation or distributionandotherWorkscontacted thereYtfth, bUt does not include works for removal of sewage;

aU coUectingdrains and main drains\0 drain off surplus water from field

drains; and

aU field drains and related structur~ under pipe outlets;

"farmers'organisation" wherever it occurs,shall mean and include,-

waterusers'association at theprimaf)' Ievel.conslstin9 of all the Waterusers' as constituted undersection3;

d\sl.ributolY committee at the SI'!~ondary level 8!> COTlstl\uted underseetion5; andproject committee at the project level. as constituted under section7;

"field channel" includesa channel eXisting or to be constructed by thestate Government orby the land hoJ.ders or by any ager'lty to reeeiveanddl$\ributewater from a pipe outll!! oran opening In a water coursefor irrigation of field belongingto GO\lernment or private owners,-

"field drain" includes a channel excavated and maintained by the land holder orby any other agency, to discbarge waste or surplus water from thebindholding under a pipe outtet and inclUdes drains, escape channels andother similar works existing or to be constructed;

"financing agenG)'~ means <lnycommercialbank or any co-operative societyor anyother lendS bani<. or organisation establishe<for incorporated ·undetanylaw 10r tl:letime being in force,Which money for the developmellt of the area of (;peration of thefarmers' Ofganisation;

"hydraulic basiS"·means &he basis·for identifyinga viable irrigatedarea.served by oneor more hydraulic structur~ such as headWOrks, dlstributories. minors, pipe outlets and

the like;

( II ~Irrigatio"!iystem"means$Uct\major, m~djumandminor iff.ig~~ion system eXl;:ludingthose which are under the"controlof Pandlayat for harnessing wat~r tor irrigation and

other alliedusesfromGovernmentsoU«:es and incll,1d~ reservoirs, openheadchannels, diversionsyslems, aniCOts, Jlftirrigatlonschemes, tanks,wellsandthe like;

Explanation:-{i) 'major irrlgationsyslem means Irrigationsystem undermajor irrigation projecthavinQ irrlgablecon'lmand area of more than 10,000hectares;

(Ii) 'medium irrigation system'means irrigation system under medium Irrigation project havingirrjgable command area of more than 2,000 hectares and up to 10,000 hectares;

(iii) 'minor irIigQtlon system means irrigation system under minor irrigation project havingirrigable command area upto2,000 hectares;

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•

(m) "land holdef means an owner and or a tenant recorded as such in the retord of ~htsunder the Madhya Pradesh land Revenue Code. 1959(No. 20 of 1959) In respecl.,ofland In the notifiedayacutarea of an irrigation system;

(n) "maintenance" means execution of suchworks on the irrigation systemas are necessaryto ensure that the physical system designed to the standards operates for properdistributionof waterto the land holdersIn the area of operation;

(0) "operatloncd plan" means a scheduleof irrigation deliveries with details of the modeanddurationof supplies drawn up for regulation of irrigation in the command areaof anirrigationsystem;

(p) " warabandi " means a system of distribution of waler allocation to water usersby turn,according to anapproved S:Chedule indicating the day. duration and the time of supply;

(q) "water allocation" In relation to an irrigation system means distribution of waterd~ermined fromtime to time by a farmers. otganisation in itS areaof opetation;

( t) "water use!" means and Includes any Indivldualor body corporate: et a society usingwater for agriculture domestic. power.non-domestic. commercial, industrial or any otherpurpose from a Government source of irrigation;

(s) "canal officer means the folkvMng Offl<:efS of the Water Resources Departmentnamely:-

(a) The Chief Ensine~,

(b) Superintending Engineer:

(c) Executive Engineer;

.Cd) . Sub-Divisional Officer;and

(e) Canal DeputyCOl\ectOf.

(2) "the words and eXpressions used in this Act. but not defined.shall have the samemeaningas assigned to them in the MadhY.3 Pradesh IrrigationAct' 1931!No. 3 of1931).

Olalineation ofwater users' areaand constj~ution

. 01 an.asi'ociation.

3. (1) the DistrlcfCotIeptor,may.by notifICation and in accordance 'lfith ttie nnes madeunder this Act. in this behalf, delineate every command area under each of the irrigationsystems on a hydraUlic basis which· may be admlnlstnstNely viable; and declare it.~ be awater users' area for theputpOSe of this-6al:

Providedthat In re$peCt of the commarta area linder the minor and lift irrigation systems.:the entire command area may'!as far as possible form a singlewaterusers'Irea;

(2) EvelYwaterusets'area shall be divided into territorial constituencies. wttk:h shall ootbe less than fourbut not n:aore,U'lan ten, as may be prescribed

{3) Thereshallbea Water Osel$' Association called by Its local distinctname for eve!)'waterusers' areadelineated undersub-section (ll .

1158(23) "toq,ihl .~~ 18 af1n1J 1999

(4) Every Water Users' Association shall consist of the following members,namely:-

(a) (i) alTthe water users' who are land holders in a water users' area:

Provided that where both the owner and the tenant are land holders In respectof the same land, the tenant;

(11) all other water users In a water users' area;

~'f\(il~ three ex-officio members one of AMltI Cadre and one of Su~ngineerCadre from the V',fater ResourcesDepartmentwho will Act as Co-ordinatorbetween the Government Departments and the farmers' Association and th.c)third from the Agriculture Department or Ayacut Department who win Act asAdviser.

(b) • the memberspecified in sub-clauses (~ to (iii) of clause (a) shall constitutethe general bodyof the Water Users' Association;

(c) . a person eligible to become a member of more than one territorlat. constituency of a Water Users' Association-under sub-clause ti) of clause

(a) shall be entitled to be a member of only one territorial constituency andhe shall exercise his option thereat

(d) the members specified in sub-clause (I) of clause (a) aione shan have the righ1lovote;

4. (1) There shall be a Managing Committee for every ',,"Jater Users' Association.which shall consist of a President and one member from each of the territorialconstituencies of the Water Users' Area;

{.!) The District Coliector shall make arrangements for the election of President of theManaging Committee of the Water Users' Association by direct election by the method·oisecret ballot In the. manner prescribed.

(3) The District Collector shall also cause arrangements for the election of the membersof Managing Committee by the method of secret ballot in the manner prescribed.(4) if tile Managing Comrnitteeoqhe Water users' AssOciation does not have a

woman member, the Managing Committee shalico-opt a woman as a member wno shallordinarily be a resident of the fa.,mers'organisation area'.(5) The President and the members "of the Managing Committee shall, if not recalle<;learlier, be in office for a pericd of fIVe years, from the date of the first meetlng_

(6) The Managing Committee shaH exercise tile powers and Perform the functions 01the Water Usets' Association

5. (1) The StateGovernment may, by notification and in accordance with the rule~

made in thTs behalf, delineate every command area of the irrigation system, comprisingof two or more Water Users' Associations, and declare it to be a distributoly~, for thepurpose of this Ac.1.(2) There shall be a DistributOJY Committee catted by its local distinct name for everydistributory area declared as -such under sub-set::l.1OfI(U.

(3) All the Presidents of the Water Users' Association in the distrlbulay aRa. so 101\9 asthey hold such office, shall constitute the general cOdy of the DiskibuIbryCommitteeincluding two

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ManagiRg Committee of WaterUsers' Associa­tion.

Delineation ofDistributory areaand constitutionof the Dlstributo-ry Committee.

Election oflQIapaging

Com­tnittee OfD1strlbu·tory·Committee.

nominatedofficial members, one of them shall be an Assistant Engineer of Water ResourcesDepartment,WhO win work as a Co-ordinatorbetwee(l the variousdepartments,Water Users'PossociatioTlS and DistribUt0lY Committee, andthe second member will Ad as anAdvisor whowilll:lefrom Agriculture or Ayacut Department,

6. (1) There shall be a Managing Committee for every DistributoryCommittee.

(2) The DistrictCollectorshall causearrangements. in such manneras maybe prescribed for theelectionby the Method of secret ballot of the President, and Membersof the ManagingCommitteewhich shall not be more than fiVe from amongstthe members of the general bodyof the Distributary Committee.

(3) If the managing Committee of the Distributary Committeedoes not havea womanmember.the Managing Committeeshall co-opt a womanas a memberwho shall ordinarilybe a residentofthe farmers'organisation area,

(3) The term of office of the President. and the membersof the ManagingCommittee shall befive yearsfrom the date of the first meetingof the ManagingCommittee,

(5) The Managing Committee shall exercise the powers afld perform the functionsof theDistributaryCommittee. -

~lin~a1iOl1 lirProjed anaandc:un.srructiCJl1 ofprejeoc( rom­mln~.

7 (1) The state Government; may by notification and in accordance with the rules madeunderthis Actin this behalf. delineateevery commandarea or part thereof, and declare it to be a project area for thepurposes of this Act.{2) There shan be a PWiect Committee called 'r1'/ its distinctname for every projectarea declared assuCh undersub-seclion (1).(3) All the presidents, of the DistributaryCommittees in the project area so long as ttley holdsuchoffice. shall constitute the general body for the ProjectCommittee. The Project Committee shall havetwo nominated members, oneof whom shall act as a co-ordinator betweenvariousdepartments andfarmers' associations and who will be an Executive Engineer of Water Resources Department andsecond memberwill act as Advisor who will be from ~riculture or Ayacut Department. Thenominatedmembers shall not have the right \0 vote.

ElectionManagingCommitteef9tProjectCommittee

ApexCommittee.

8. (1) There shall bea Man,aging Committee, for every Project Committee.

(2) The District Collector, shall cause arrangements in suchmanner as may be prescribed for the". election. by the.method of secret ballot. of Chairperson. and Managing Committee consistingofnot

more than nine members from amongstthe membersof thegeneral body of the ProjectCommittee.(3) If the Managing Committee of the Project Committeedoes not have a woman member, theManagingCommitteeshall co-opt a"woman as a memberwhoshall Ofdinarily be a resident of thefarmers organisation area. .(4) The term of office of the Chairperson. and the members of the Managing Cl'mmittee shall be fiveyears from date of first meeting. .(5) The Managing Committee shall exercise the powers and perform the functionsof ProjectCommittee.

9. (1) The state covernment may by notification,constitute an Apex Committee consisting of1h~ .•following Members. namely:-~

(i) Thll minie"~r Water RfISOurces Department·Chailperson.

lI58(25) *;qg~tl ~,~ 18 6PFt1r 1999

( ii ) five persons from amongst the Chairpemon of the Project Committee;( iii) two persons from noo-government organisations; and(iv) three officers not below the rank of Chief Engineer or equivalent from the WaterResources Department, Agriculture Department or Ayacut Department of the StateGovernment.

(2) The number of members.may be increased by such number as may be considerednecessary by the State Government.

(3) The Committee, constituted under sub-section (1) shall exercise such powers andfunctions as may be necessary to,-

(a) . lay down the policies for implementation of the provisions of this Act; and(b) give such directions to any farmers' organisation as may be considered necessary,lnexercising their powers and peffooning their functions in accordance with ttle provisions ofthis Act..

10. (1) A motion for recall of a Chairperson Of President or member of a ManagingComrnittee, as the case may be, of a farmers' organisation may be made by giving a writtennotice as may be prescribed. signed by not less than one third of.the total number ofmembers of the farmers' organisatiOn, vtlo areentitled to vote;

Provided that no notice of motion under this section shall be made within one year ofthe date of assumption of office by _the person against whom the motion is sought to bemoved.

(2)lf the motion is carried wi.te" the support of two third majority of the members presentand voting and half of the total number of members of the association voting at themeeting of the general body specially convened for the purpose. the district collector or the.~tale government, as the case may be, shall by order remove him from office and the....acancyshall be ftlled in the mannef specified in !radio,! 15.

11. The Man<19ing Committee of a farmers' organisation may constitute sub-committees. tocarry· out all or any of the functions vested In each organisation under this Act.

12. Every farmers' organisation shall be a body corporate with a distinct name having. perpetual succession and. a common seal and M1bject to the provisions of this Ad vested

vJith the capacity of ent~ring into cont~ and of doing all things necessary, proper orexpedient for the purposes forwt»ch it is constituted and it shall sue and be sued in itscorporate name represented by the Chairperson 0' the President, as the case may be;

Provided that no farmers' organisation shall have Ule power to alienate in any manner, anyproperty vested tn it.

13. "The State Government may, in the intereSt of a Farmers organisation in the commandarea, by notification. and in accordance with the rules made in this behalf..

'fa) form a new farmers' organisation by separating the area from any farmers'organisation;

(h) Increase the area of any farmers' organisation;

(c) diminish the area of any farmers' organisation;

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.f.rocedure forrecall

Constitution ofSu b-eommitteein larmer'S'organisation

Farmers!organisationto be a body

corporate.

Changes InFarmers'organisation.

(d) alter the1lotfndarles of anyfarmers' organisation; or(e) cancel a notification issued under this Act for rectifying of any mistak.e;

Providedthat no such separation, increase, diminution, aneqltlon or canee\lation sha\l beeffectedunless a reasoneble opportunity is given to the organisation Iik.ely to be affected.

Oisqualifica tionsof Candidatesor Members.

14. (1) No officer or selVant of the Government of India or any State Government ora local authorttyor an employee of any institution receiving aid from the fUnds of theStateGov~mment shall qualified for being chosen as or for being a Chairperson. or~resident or a member of a managing committee.

(2) No personwho has been cOhvicted by a triminal court for any offences involvingMoral turpitude shall be qualified for being chosen as or for being a Chairperson orPresident, or a member of a Managing Committee.

(3) A person shall be disqualified for being chosen as a Chairperson. or a Presidentor amember of a managing committee ifon the date foced for scrutiny of nominationsforelection he isi-

(a) of unsoundmind;

(b) an applicant to be adjudicated as an insolvent 0: an undischarged insolvent: or

(c) a defaulter of land revenue or water tax Of charges payableeither to the StateGovernment or to the farmers' organisation;

{d) . interested in a subsisting contract made with, or any work beingdone for, theGram Panchayat. Janpad Panchayat, Zila Panchayat or any State Government or Centr~IGovernment or the farmers' organisation:

Providedthat a personshan n01 be.deemed to have any interest in such contractor workby reason only of this havIDg share, or interest io;-

(I) a company as mere share-holderbut not as a director;

(lI}anylease. sale or purchase of immovable property or any agreementsame; or

(iii) any agreementfor the loan of money or any security for the payment of moneyonly;or

. -(iv) any newspaper in which any advertisement relating to the affairs the organisationis inserted;

Explanation.-For the removal of doubts it is herel., declaredthat where a contract isfully performed itshall not be deemed to be subsisting merely on the groundthat the'Gram Panchayat,Janpad Panchayat, Zila Panchayat, the farmers' organisation, tHeState Government or CentIaa Government has not performedits part o(lhe contractualobligations.

(e) a person rendered"landless due to sale or transfer of land of area or operation afterconstitution of Water User.;' Association;

(f) employed in Governmeftl or semi GOIIernment organisation or local body ;

I 158(27) 1J~ ~,~ 18 apffi(' 1999

4) A Chairperson or a Presidentor a memberof a Managing Committee shall alsobecome disqualified to continuein office if he,-(a) absentsfrom three consecutive meetingswithout reasonable cause;

(b) is a personwho incursany of the disqualificationsmentioned sub-section (1)and (3) and he shall cease to hold the office forthwith:Provided that disqualification underclause (a) shall not apply in the case of Womenwho are in advancedstage of pregnancy and for a period of three months after

. t:telivery.

(5) A member of the Water Users' AssociationOf a Chairperson or a Presidentora member of a ManagingCommitteeshaU become disqualifiedto continue the office.if he/she ceases to be a land holder;

15. (1) A vacancy arising either due to disqualifICation uoder sub-section (4)· of Filling up ofsection 14 or due to death Of resignatiotl or by any reason such vacancy Vacancies.shall be filled up by nomination in the following manner. namely.- .

(a) a vacancy in the Water UseIS' Association shall be filled. bynomination by the managing committee of the Distributory Committee in themanner prescribed;(b) a vacancy in the Distnoutory Committee shall be filled, by nomination

by the managingcommittee of the Project Committee in the rranner prescribed;

(c) a vacancy in the ProjectCommittee shall be filed by nomination bythe Apex Committee in the mannerprescribed; a~

(d) a vacancy in the Apex committee shall be filled by nomination by theState Government in the prescribed manner.

(2) The District Collectorshall take necessarystepsto conduct elections tOOIlup any vacancy caused within a period of one month from the date of occurrenceof such vacancy.

3) The term of office 0-' a memberor a President or-aChairperson of a farmers'organisation, elected undersub-section (2). shall expire at the time at which·~ .would have expired, if he had beenetectedat the ordinarv election.

CHAPTER.{U·OBJECT AND FUNCTIONS OF THEFAR.:MERS· ORGANISATION

16. The objects of the farmers' organisation shall be to promote and securedistribution of water among its users: adequatemainteOnance of the irrigation system,efficient anti economical utilisation of water to optimise agricultural production, toprotect the environment. and to ensure eCOlogical balanceby involving the farmers.inCUlcating a sense of ownership of the irrigation system in accordance with the waterbudget and the operational plan.'

17. The Water Users'Association shall perform the follOwing functlons, namely:c

(a) to prepare and Implement a warabandi schedule for each irrigation season,consistentwith the operational plan based upon the entitlement. area. soil andcropping pattern as approvedby the Distributorycommittee, or as the case may be.the Project Committee: .

(b) to prepare a plan for the maintenance of irrigation systemin the area of itsoperation at the end of .each cropseason and carry out the maintenanceworks of both

Objects

Functions ofWaterusers'Association.

1158(28) ilUl,h. ~,ftfi 18 3I1mf 1999

distributarysystemand minorand field drains in its area of operation with the fundsof theassociation from time to time andto provide funds for the maintenance of staff includingsuch personswho are placed by the State Governmentwith the Water Users'Associaiionfor the purpose of regulation and maintenance of irrigationsystem.

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(I)

(m)

(n)

(0)

(pj

(q)

Functions of 18.DistributotyCommittees.

to regUlate the use of water amongthe various pipe outlet under Its area ofoperation acrording to the warabandi scheduleof the system;

to promote economy in the use of water allocated;

to maintain a register of land holdersas published by the revenuedepartment:

to prepare and maintain a registerof co-opted members;

to prepareand maintain an inventOfy of the irrigation system within the area ofoperation:

to monitorflow of water for Irrigation

to resolve the disputes~if any between the membersand Water users in its areaofoperation:

to raise resources;

to maintainaccounts;

to causeannual auditof its accounts;

to assist in the conduct of elections to the managing committee;

to maintain otherrecords in such manner as may be prescribed;

to abideby the decisions of the distributaryand projectcommittees;

to conduct general bodymeetings in such manneras may be prescribed:

to conduct regUlar waterbUdgeting and also to conduct periodical social aud~ in'well manner as may be prescribed.

The Distributory Committee shall perfonn the following functions, namely:

(a) to preparean operation plan based on its entitlementarea,soil, cropping pattern atthe beginning of each irrigation season, consIstent with the operational plan prepared bythe project committee;

(a) to preparea plan for the maintenance of both distributories and mediumdrainswithin its areaof operation at the end of each cropseasons andexecutethemaintenance worksWith the funds of the committee from time to time and to providefunds for the maintenance of staff includingsuch persons who are placed by the State.Governmentwith the Distributary COIJlmittee for the purpose of regulation andmaintenance of irrigation system;

(c) to regulate the use of wateramongthe various Water UsersAssociations underitsarea of operation;

(d ) to resolve disputes, if any, among the Water Users' Associations in its area ofoperations;

(e) to maintain register of Water Users"Associations in its area.of operations:

(1) to maintain an inventory of the irrigation system in the area of its operation, includingdrains;

(g) to promote economy in the use of water anoeated;

(h) to maintaIn accounls;

.(i) to cause annual audit;

m .to maintain other records as may be prescribed:

[k) to monitor the flow of water for irrigation;

(I) to conduct general body meetings in such manner as may be prescribed;

(m) to abide by the deci~ions of the Project Committee;

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

(0) to assist in the conduct of elections to the managing committee.

19. The Project Committee shalt perform the following functions. namely :-

(a) To approve an operational plan based on its entitlement. area ,soil. Clopping patternas prepared by the competent authority in respect of the entire project area at thebeginning of each irrigation season.

(b) To approve a plan. for -the maintenance of irrigation system-including the majordrains within its areas of operation at the end of each crop season and execute tn.emaintenance works with the fUnds of the committee from time to time and to provide fu.ndsfor the maintenance of staff including such persons who.are placed by the State GovernmentWith Project Committee for the purpose of regulation and maintenance 6f irrigation system;

(c) to maintain a list ottne distributOfYcommittee and Water User's Association in itsarea of operation;

(d) to maintain an inventory of the distributory and drainage systems in its area ofoperatioA;

{e) to resolve disputes if any amoAg the distributOJy committees;

(1) to promote economy in the use of water;

(g) to maintain accounts;

(h) to cause annual audit of its account;

(i) to maintain other records in such manner as may be prescribed;

FunctionsOfProjectComm­ittees.

1158(30) :q91Y<~1 ~.~ 18 iIJ11l(I' 1999

(j) to conduct general body meetings in such manner as may be prescribed; and

(k) to cause regular water budgeting and also the Periodical social audit in such manneras may be prescribed.

Power to levyand collect fee.

Appointment ofcompetentauthority and his

, function.

.Resources ofFarmers'Organisation

Offences andPenalties

20. A farmers' organisation may, for carrying out the purposes of this Act, achieving 'theobjects of the organisation and ~rforming its functions, levy and collect such fee asmay be Plescnbed fTom time to time. .

21. (1) The state Government may, by notification, appoint such officer from the WaterResources Oe~ent, Of any other department. as it considelS necessary, to be thecompetent authority for every farmers'organisation for the purposes of this Act.

(2) The Competent authority appointed under sub-section (1) shall be responsible totile res~ctlve farmers' organ~tions in the Implementation and execution of alldeclsioos ta\r,en by the farmers' OfganisatiQn prescribed marmer and shall providetechnical adVice and ensure that the work is executed In accordance with the technicalparameters.

CHAPTER~V-RESOURCES

22. The Funds of the farmecs' Organisation shalt compnse ofthe following namely:-(i) grants and commission receiVed from the State Government as a share of thewatertax collected In the area of operation of the farmers' organisation;

<Ii) such other funds as may be granted by the State Government and CentralGovernment for the development of the area of operation:

(iii) resources raised from any financing agency for undertaking any economicdevelopment activities in its area of operation;

(iv) income from the properties and assets attached to the irrigaHon system;

(v) fees collected b)' the farmers' organisation for the services rendered in betterma"a~elMnt of the iHigatioo s'f'<;tem; and

amounts received from any other sources.

CHAPTER-V-QFFENCES AND PENALTIES

23. . Whoever without any lawful authority does any of the follOWing acts. that is tosay:-

(a) damages. atters, enlargesor obstructs any canal;(b) il'lterferes with, increases or diminishes the supply of water in, or the now of water

from.through. over or under any canal;(c) interferes with or alters the flow of '1..ater in any river or stream, so as te

endanger, damage or rende~ less useful any canal;(d) being responsible for the maintenance of water course or using water course,

neglects to take proper precau1ions for the prevention of water of the waterthereof, or interferes with the authorised distribUtion of the water therefrom oruses such water in an unauthorised manner;

(e) receiVingwater in his fields for irrigation, neglects to take properpI"~ 101' theprevention of waste of suchwater;

{f) wrupts Of fouls the water of any canal so as to render it less fit for the purposesfatwtlich it is ordinarily used:

(g)

(It)

beinga permanent holder, occupier. cultivatoror agricultural labourer residentin avillage in which a proclamation underSection 36 of the Madhya prad~ IrrigationAd, 1931 (No.3 of 1931)has been made, neglects to attend at the place appointedor r~fuses or negk!ctsto carfYout the duties aUolted to him;

destroys. injures.defaces or removes any lanel mark, level mark, Water gauge orotherapparatus fiXedby the au\t\OOty of a canal Officer;

( i) causes animals or vehicles to passon or SCfO$S any of the works. banks or channefsor any canalafter such passage has been prohibited by a canalofficer;

(j) causesor knowinglyandvAllfully permits animals to graze Of be tethered upon thebank or border of any canal after such grazing or tethering nas been prohibited by a

c~alQflicer.(k) removes or injuresany tree,bush,grassOf.other vegetationgrowing on any canal; or

(I) easeshimself on the banksor in the channelof a canal.

shall.on complirint made by a Farmer'sOrganisation:-

(i) be punishable in respect of offences mentioned in clauses [a] to (h), withimprisonment which may extend to two years. or with flne which shall not be less thencine thousand. Rupees but vihicn. may extend to fIVe thousand Rupees or with both; andwhen the offence i5 a continuing one. with an aoditional fine not exceeding twentyRupees for e"llel'iday after the fi.£l:ltdU(il\g ,:~ich the ~ffence has been persisted ill; and

(Ii) be punishablein respectof offences mentiOl1ell in clauses (i) \0 (~) with flnewhiCh shall not be I~ than Rupees fIVe hundred but which may extent RUpa~ twothousand and if the same person is subsequently convicted for a like offence he shallbe liable fo, imprisonment which may extend to six months for each such subsequentconviction.

24.Nothing in this Act shall prevent any person rrem being prosecutedand punisl)ed underany law for the In forl;e tor any act.>or omissionmade punishableby or Under this Act :

PtOl.lided tl\at 00~n shall be pl'oseCuted and punished for the same offence tn6rethan once.

25. (I) A farmers' organisation may accept from any pef$On Who committed or In respectof whom a reasonable belief can he intefre<t that he has committed art offence pu1llshableunder this Act or the rules made there under. a SUIIl of money not less than rupees onethoU$and in case of offences mentioned In clause (a) to (h) of Section 23 and Rt. Fhlehundred fOf the o«ence6 mentioned in clause(l~o {I} of Section 23 bywayof composition.

(2) On payment of such sum of money. no further proceedings shall be taKen againsthim/her In legard to the offence, so cpmpounded by the Farmers' Organisations.

MinimumPenalty.

Punishmentunder otherlaws notbarred.

Compositionof offef\CQ1;.

CHAPTER-Vl-SETTLEMENTOF DISPUTE

Settlementof disputes.

Appeals.

Records.

26.(1} Anyolspule or difference touching the constitution. management, powers orfunctionsof a farmers' organisationarising between membersshall be determined by themanaging committee of 1he farmers' organisation.

(2) Any such disputeor differencearising between a member andthe managingcommittee of a Watet Usets' Association Of betweentwo or moreWater Users'Association shall be determined by the managing commmee of the DistributaryCommittee.

(3) Any such disputeor difference atising betWeen a member andthe managingCommittee of a Distributary C:lmmitteeOf betweentwo or more Distributo1yCommitteesshanbe determined by the managing Committee of the Proiect Committee.

~4) Ally suchdiSpute or difference arising betv.oeen a memberandtnemanagingcommittee of a projectcommittee or betweentwoor moreproject committeesshall bedetermined by the Apex Committee, whose decision shall be flnal.

(5) Every disputeor difference under this section shall be disposedof oMthin fifteen daysfrom the date of referenceof the dispute or difference.

27. (1) A party to a dispute or difference aggrieved by any decision made or orderpassedby the managing committee of a Water Users'Association may appeal to themanaging committeeof the Oistributory Committee. whose decisionthereon shall befinal.

(2) Any party to a disputeor difference aggrieved by any decision made or order passedby the managing committeeof a Distributory Committee may appealto a ProjectCommittee. vmosedecision thereon shall be final.

(3) Any party to a disputeor difference aggrieved 'tYy any decision made or order passed'rJy the mllnaging committee of a Project Committee mayappealto the Apex Committee.whose decision thereon shall be final.

(4) Any apPeal under sub-sectlonIt) or sub-section (2)or sutrsection(3) shallbepreferred v-lithin 15 days of communication of the declslon or the order to the personaggrieved

(5) Every appeal under this section shall be dlsposet1 01 within 15 days from the dateof filing of the appeal.

CHAPETER·VII - MISCELLANEOUS

28. (1) Every farmers' organisation shall keep at its office the following accountrecorcs and documents, namely:-

(a) a map of the area of operation of the farmers' organisation along with mapof the structures and distributory networks prepared in consultation with theWater Resources Depanment;

(b) a statementof the assets and liabilities;(c) minutesbook.;(d) books of accountshowin9. receipt and payments;(e) books of acooul\\mat! putehases and sales of goodsby the farmers'

organisation,

(f) registerof measurement books, level field books, won: ordersandthe like,

(g) copiesof audit reports andenquiry reports;

(h) all such other accounts, recordsand documentsas may be prescribed from time to time;

(i) stock register:

m list of userswith details of land holding;

(k) registerof penalties;

(2) The bOoks of accountsand other recordsshaU be open for informationto Ihe members ofthe fanners' organisation.

29.

30.

EveryfarmetS' organisation shan get itsaccounts audited once in a yearin themar\ner prescribed.

All the amountspayableor due to a farmelS'organisation shall be recoverableasarrearsof land revenue.:

Audit.

Recovery ofdues

.31: The meetingsof the farmers' organisation and the managing committees thereof atsuch intervals, the procedure. the presidency and the quorumthere of shall be. such as may tle Meetings.prescribed.

32. (1) A memberof the managing committee of a farmers'organisation may resign his offICeby a letter sent by registered post or tendered In personto the Chairperson or Presidentof the Resignation.managing committee concerned. .

(2) The Presidenfof the managing committee of a Water Users'Association may resignhisoffice by a tettersent by registered postor tendered in personto the Presidentof the DistributaryCommitteeconcerned.

(3) The Presidentof the managing committee of a Distributory Committee may resignhisoffice by a letter sent by registered post or tendered in person to tile Cllairperson of the ProjectCommitteeconcerned.

(4) The Chairperson of the managing committee of a Project Committee may resign hisoffice by a letter sentby registered post or tendered in personto the Chairperson of the ApexCommittee.

. (5) Theresignation as abovementioned shall take. effect from the date of its acceptanceoron the expiry of 30 daY'S fromtherlate ants receipt 'Whjch ever is earlier.

33, (1) The StateGovernment may. by notification, appoint controlling officers not .<

below the ranle of a CommiSsioner ofa revenue division to exercisethe generalcontrol and superintendence over the competentauthoritiesand me District

.Collectorsin performanceof their functionsunder this Act or rules madethereunder.(2) The powers to be exercised and the fUnctions to be performed by the controlling,officers shall be such as may be prescribed.

34. The Governmentmay. by notification, appointan officer or offiCers to exercise the pcJWel$and perform the functions of a farmers' organisation andthe managing committeethere of till suchtime stich farmers'organisation is duly constituted or reconstiMedand such managingcommitteeassumes office underthe provisionsof this AaL

Appointm~nt.

Transitional·arrangements.

Authenticationof orders anddocuments oforganisation.

Acts not to beinvalidated byinformality orvacancy etc.

Deposit andadministrationof the. funds.

Sinking fund.

Budget.

Protection ofactsdone In goodfaith.

Power toremovedifficulties.

Savings.

Power to makerules.

35. All permissions. orders, decisions and other documents of the farmers' organisationshall be authenticated by the signature of the Chairperson or President-of the farmers'organisation or any other member of the managing committee authorised by the managingcommittee in this behalf. .

36. No act or proceedings of the managing committeeof a farmers' organisation shall beinvalid by reason only of the existence of any vacancy in. or defect in the constitution of thesaid committee.

37. (1) The farmers' organisation shall keep their funds in a Nationalised Bank or a Co-operative Bank namely; the District Co-operative Central Bank or the MadhyaPradesh StateApex Co-operative Bank.(2) The funds shall be applied towardsmeeting of the expenses incuned by themanaging committee of the concerned farmers' organisation in too administration of this Actand for no other purpose.

38., (1) The managing committee of the farmers' organisatiOri shall maintain a sinkingfund for the repayment of moneys borrowed and shall pay every year into the sinking fundsuch sum as may be sufficient for repayment within the period fixed of all mQneys soborrO'Ned.(2) The sinking fund or any part thereof shall be applied in or towards, the discharge of theioan for \~lch such fund was created, and until such loan is wholly discharged it shall not beapplied for any olher purpose.

39. The managing committee of a farmers'organisation shall prepare in such form in everyfinancial year a budget in respect of the next financial year, showing the estimated-receiptsand expenditure of the committee and shall place before the general body of the farmers'organisation for its approval in such manner as may be prescribed.

40.(1) No. suit, prosecution or other legal proceedings shall be instituted against any personfor anything v.mich is in good faith. done or intended to be done under this Actor under therules made there under.

41. (1) If any difficulty arises in giving effect. to the provisions of this Act or as to the firstconstitution or reconstitution of any farmers' organisation after the commencement of this Act.the Government. as the occasion may require by order published in the Madhya PradeshGazette, do anything which appearsto them necessary for removing the diffiCUlty.

(2) 'All orders mane under sub-section(1) snail as $OOf} a$ may be laid on the table of theVidh~n Sabha. . .

42. (1) Nothing contained in this Act shall effect the rights or propertiesvested in a GramPanchayat. Janpad Panchayat, Zila Panchayat. Nagar Panchayat. Municipal Council orMunicipal Corporation under any laW for the time being in force.

(2) Nothing contained in this Act shall applyto the minor water bodies In the Scheduled Areaof the State.

-43. (1) The State Government may. by notification in the Official Gazette. make rules tocarry out the purposes of this Act.

(2) 'Every rule made under this Act shall as soon as after It is made be laid before V1dhanSabha.

OAGA~I~A1'CN AULiS-J999

•

Bhopal, the 18th October 1999

No.32-1·99-M-XXXI.-ln exercise ofthe powers conferred by Section 43 ofthe RMadhya Pradesl\Slnchal Prsbandhan Me Krlshlkon Ki Bhagidarl Mlllnlyam, 1999" (No. 23 of 1999), the StaleGovernment herebymakes the following Rules, namely:-

RU1...ES

1. Short title and commencement- (1) These rules may be called the MadhyaPradeshFarmers' Or,ganisatioo Rules. H199.

(2) They shall come ioto force with effect from the date of their publication in the "MadhyaPradesh Gazelte".

2. Definitions. -In these Rules. unless the context other'Mse requites,

(a) "'Act:' means the Madhya Pradesh Slnchai Prabandhan Me Krishk.on Ki BhagidariAdhiniyam, 1999 (No. 23 of 1999);

(b) The w:>rds and expressions used In these rules, but not defined. shall have the samemeaning as assigned to them in the Act.

3. The General Body Meetings. - (1) The meetings of the General Bodies under clause(p) of Section 17. clause (1) of Section 18 and clause fj} of Section 19 of the Act, shall be held atleast twice in a year, once before the kharif and once before the rabi season. The meetings shallbe presided over by the ChairpersonlPresid"mt, as the case may be and in his absence themembers present shall elect once person from amongst themselves to preside/chair themeeting.

{2) The meeting. of the General Body may also be called at any time 'oj the Pre-aident orManaging Committee members through a majority resolution or tp.j membersof the organisationt.hrough a requisition signed by not less than one third of the members who have voting tight.

(3) General Bod)' "meeting shall also be held on receipt of a direction from the Government orfrom the Commissioner, Ayacut Of by the next higher Committee or the Farmers' Organisation inrespect of matters relating to urgent public importance.

4. Notice of meeting. - (1) Notice of fNery meeting shall be given by the ManagingCommittee of Farmers' Organisation to all the members at least seven days in advance,specifying the place. date. time and agenda items for the meeting:

Provided that in cases of emergency a meeting may be called at three days advance" notice.

(2) The notice may be sent by hand or,post or publication or by beat of drum and shall bepasted on the notice board of the" concerning organisation. .

5. auorum for the General Body. :- (1) The quorum for a meeting shall be not less than onethird of the total members of the concerning organisation.

1406(24)

(2) If there is no quorum for the meeting it shall stand adjourned and be convenedon such dateand time as the ManagingCommittee may determine. At such adjourned meeting no quoru~

shall be necessaryand the members present may transact the business"for Which the meetingwas called. .

(3) In a GeneralBody meeline, the items specified ~n the agenda alone will be diSCllssed.No other subjectswill be discussed without the express permission of the ClTairpersonJPresidentor the majority decisionof the members present in the meeting.

G. Minutes of the N1eeting.-(1) Ellery proceeding of the General Body shall be recordedin the minutes book maintained for the purpose and authenticated by the Chairpef'60ll OfPresident or the person who has presided oyer the meeting. as the case, maybe. A copy of theminutes shall be sent to the authorityat the next higher committee.

7. Procedure for taking up works.-For the purposes of taking upworks under clauses (b)an (n) of Section 17, clause (b) and 0) of Section 18 and clause {b} and (i) of secnon 19 of theAct, the Farmers" Organisation shall adopt the following procedure:-

(1) System Diagnosis for Maintenance Worlcs.-

{i} Prior to the commencement of every crops season (kharif & rabi) the ManagingCommittees and CompetentAuthority of every Farmers' Organisation shall Undertake to assessthe condition of the system (systemdiagnosis) through a participatory v;alk through exercise.

(ii) TM Farmers' OrQanisation shall inspect each and every hydraulic structure and recordits states,{2} All works shall be categorised as follo..vs :

(i) NormalOperation and Milintenance Works which includes ordinary repairs, such 8S:-(a) Desiltlng,

(b) Weed removal;

(c) Embankmentrepairs;

(d) Revetment;

(e) Repairsto shuners;

(f) Repairs to masonryand lining;

(g) Cleaning & Oiling of screwgearing'shutters;

(h) Painting othoists andgoales etc;

(i) Emergentbreachclosing works. and

ill Maintenance of inspection paths.

(ii} Defened Maintenance Works (RehabilitationWorks)-

(a) Reconstruction at slUices;

(b) Rei::onstructlooJrepalrs to <frops reQulators;

(c) Rec:onstruction of measuring devices;

. 1406(25)

(d) Rehabilitation of the system; and

(iii) Original Works-

(a) Modernisation of the ~Y5tem: and(b)Any other construction works in the irrigation system. The above works shall be executed by the Farmers'Organisation, under the supervision of the Water Resources Department at the rates not exceeding estimatedrates.

(3) Identification of normal operation and maintenance works-participatory walk-through:-TheChaifpersonlPresident along 'Mth the Managing Committee members shall organise a participatory walk,through within the area of operation of the Farmers' Organisation and identify aD the critical reaches' whichneed immediate repair as listed out above. The competent authority shall assist the Farmers' Organisation inpreparation of detailed list of works 10 be undertaken.

(4)Prlortt\slng Works. - The Managing Committee of the Farmers' Organisation shall discuss the list soprepared and fIX up priority or works to be taken up immediately.

(5) Prepara1ion of estimates. -The competent authOrity shall prepare estimates within a fortnight for the worksso prioritised according to the hydraulic particulars as maintained by the Water Resources Department at theprevailing schedule of rates.

(6}Adminisb"atlve approval. -The Managing Committee of the ~armers' OrganisatiQn shall accordadministrative approval for the estimates prepared subject to availability of funds. Each administrativeapproval shall be recorded in the register of administrative approvals in Ferm-I.

(7) Technical Clearance. - (a) The powers for giving technical clearance by the Competent AUihority shall beas.jollows:-

(i) Special Repairs:

. (a)

(b)

(c)

Executive Engineer

Superintending Engineer,

Chief Engineer,

up to Rs. 5,000/·

Up to Rs. 50,000/­

Up to Rs.5.QO.QOOf-

{ii)Ordinal"j Repair:Executive Engineer,

full powers within the funds provided tofarmers'or~anisation

(b) a Competent Authorjty may accord teChnical clearance vested in an authority tower than him;

(c) the Competent Authority, shall record all the technical clearances in the register of technical clearancein Forrn-l appended to the rules, and .

(d) the technical clearance shalt not exceed the Administrative approvat,

(e) in respect of a Distributary Committee, the Project Committee, ttle Competent Authonty may cause thetechnical clearance to be given by an appropriale officer under his control asper the financial powersmentioned iA clause (a).

(8) Manner of taking up works.-{a} Works as approved by the Managing Committee or the Farmers'Organisation shall be taken ,up for execution by the Farmers 'Or9anisa1ion jtselt~

(b) Under no circumstances Chairperson/President 0( Managing Committee Member of the Farmers'Organisation execute a work directly in his individual capacity,

1406(26)

(c) The cost of works executed shall not exceed the estimated costs; and

(d) The competent authority shall record the initial measurements and final measurements for quantifyingthe work done for making payments by the Farmers' Organisation.

(9) Maintenance and Adherence to the Designed HydraUlic Particulars -The competent authority shallbe responsible for the maintenance and adherence to the approved hydraulic particulars, He shall ensure thatthe designed hydraulic particulars of an irrigation system are not altered with. He shalt guide the farmers"Organisation in supervising works.

(10) Limitations on Works.- No Farmers' Organisation shall have tlle power to interfere with the designedhydraUlic particulars of an Irrigation system. Any violation win invite the penal provisions under section 23 ofthe Act; and the rules made there under.

(11) Publication of Ust of Works to be Taken-Up, - (a) The lists of works to be taken up should be given. wide pUblicity by means of display in the office of the Farmers' Organisation and other-public places and

institutions within the area;

(b) Along with the lists other particulars of INOrks, estimates, values, and mode of execution should begiven wide pubticity; and

(c) If any member wishes to have access to any of the records relating to works to be taken up, he may doso on payment of the fee as fixed by the Farmers' Organisation.

(12) Freedom to Add other Funds or Extra Contributions. -The members are free to contributeresources either in cash or by way of material or labour.

(13) Proof of Works Done. -The competent authority shall maintain Level Field Book, and MeasurementBook for recording the work. done by the Farmers' OrganiSiation.

(14) Payment for the Works Done. ·A11 payments for INOfks done above Rs. 1000/- shall be paid bycheque. The Farmers' Organisatlon shall maintain a record of all payments made in the Cash- book date-wise.

(15) Original Works. - A Farmers' Organisation may take up any original work within its area of operationsubject to the following conditions; namely: -(a) Specific approval shall be obtained from the authority vested .,.lith such powers to.do so.

(b) The estimates for works shall be prepared by the Water Resources Department and worKs shall be letout to the Farmers' Organisation wherever they come forward for execution of such INOrks at the estimatedrates.

(c) If the Farmers' Organisation agiees.to take up any work. an agreement shall be entered into with theWater Resources Department.

(d) Payments shall be made to the Farmers' Organisation based on the out turn of work on fortnightly basi;ior even earlier as may be mutually decided. .

(e) Where the Farmers' Organisation does not come forward the procedure as prescribed under the'~vVorks Department Manuar shall be followed or as per any direction given by the Government from time totime.

8. Social Audit of Farmers' Organisation. - (1) AJ. the end of each crop season the Farmers' Organisationshall conduct Social Audit as detailed below:-

(i)Social Audit shall be done for both water utilisation against the water budgeting and expenditure incurred

1406(27)

for maintenance of the system with reference to the funds available to each of the Farmers' Organisation.

(ii) The Social Audit shall cover.

(a) Equity inwater distribution;

(b) Increase in production;

(c) lncrease in productivity:

(d) Crop <flVersificatioli,

(e) Multiple cropping;

(I) Water use efficiency:

(gJ Utili1>2tioo of resources for execution of work.s;

{h} ImprO'\lement in the cultivated areas of the Farmers' Organisation compared-to previous season; and

(i) . Quality of works undertaken.

(2) The Social Audit so conducted shall be made known to all the beneficiaries under the Farmers' Organisationby way of displaying a list containing the benefits secured with reference to funds spent on the notice board ofUte offtce of each of the Farmers' Organisation.

(3) Whenever a \\Uk is taken up, the estimated cost of the work, nem ofw'Ork. proposed to be executed, detailsof the executors of the work etc., are to be exhibited on a board at the place of the work; so that everybeneficiary under the Farmers' Organisation is aware of the details of the work. being executed andexpenditures to be incurred.

(4) The Competent Authority shall render all assistance in the conduct of the soCial audit. The revenueand agriCUlture officials shall also render the requisite assistance.

(5) The Social Audit so conducted shall be recorded and a copy thereof be sent to the Distributory Committeein the case of Water Users Association, to the Project Committee in the case of Distributary Committee; and tothe Apex Committee and to the Government in the case of Project Committee.

(6) The auditor shall incorporate the Social Audit Report in his annual audit report together with his specificobservations on rectification of defects, if any, noticed in the social audit.

9. Operational Plan and Water Budgeting. - Water Budget for Farmers Organjsation~The ManagingCommittee of the respective Farmers' .Jrganisation shall, along 'Nith the assistance of the competent authOrity,prepare a water budget for the area of.}peration under its control as detailed below:-

{i) One month before the onset of the Kharif season, the Project Committee shall, subject to suchdirections as may be given by Government from time to time, work out the anticipated inflows and existingavailability in the reservoir and work out the water allocation to all the Distributory Committees; the DistributaryCommittees in tum shall allocate the water made available to Water Users' Association in its jurisdiction:Provided that in the case of medium irrigation projects, the Project Committee shall allocate to the WaterUsers' Associations.

(ii) A Farmers' Organisation in distributing water to its member constituenb shall have regard toallocations meant for drinking waters, or for any specified purpose as may be decided by Government fromtime to tlme.

1406(28)

(iii) For the Rabi season, the Project Committee \Nil! determine the area to be thtwm open for irrigationbased upon the actual availability of water at the beginning of Rabi Season. The water"so available shall beallocatedequitably among the Distributory Committees andWaterUsers' AssociatiOns. In the caseof mediumor minor irrigation system, equitable distribution shall be achieved by adopting circular rotation over a period.

(iV) Each of the Farmers' Organisation, shall draw up an operational plan which s/:lall specify the qual'l1ity ofwater to be drawn on a fortnightly basis.

(v) The drawls of water shall be monitored each day at specified gauge points as decided by the Farmers'OrganiSation.

(vi) Review of the drawls and dislribution shall be done by each of the Farmers' Organisation at the end ofeach fortnight and corrective measures taken.

(vii) PJ. the end of each season the respec:tiveFarmers' Organisation shall prepare a report of waterrueived and utilised alOngwith the area irrigated. qualityof water supply and extent of crops.(viii) The Farmers' Organisation $hall analyse the shortcoming and deviations in water budget and report to

the ned higher tier.

(lx)ln respect of a minOr Irrigationsystem the Water users' Association shall decidethe operational plan, dateof release of water, which are to be thrown open for irrigation depending upon the storagelinflows into the tank.

10. Water Regulation. - After a water budget is prepared. the Farmers' Organisation shall draw up a plan ofwater regulation as follows:·

(a) The dates of release and closer shall be informed to all members well in advance:

(b) Equitable distribution of water amongst all users shall be the main principle in water regulation;

{c} A Farmers' Organisation shall draw water and monitor flows based on the operational plan

prepared;

(d) A. Waraban(f! Schedule (Tum-Schedule) shall be prepared for each outletIn a Farmers' Organisation;

(e) The Farmers' Organisation shall, record the crop wise area in the command area \'l'ith the assistance ofthe Competent Authority. and

(f) A Farmers' Organisation may, for the purpose of monitoring, install such devices as may be requiredwithin its jurisdiction.

11. AecountsIFinanee: - (1) The Farmers' OrganisaUonshall open an account in a nationalised bank orcooperative bank namely; the. Oistrid..co--opera1ive Cent.ral Bank or the Madhya Pradesh State Apex Co­operative Bank in its name. The account shall be operated jointly by the President or Chairperson as the casemay be and one of the Managing Committee members as nominated by the. Managing Cornmitte~. TheFarmers' Organisation shall maintain the cash-book. and accounts of expenditure with appropriate vouchers andreceipts.

(2) Every expenditure should be supported by a receipt, or voucher which shall be duly passed for payment bythe president.

(3) All expenditure has to be approved by the finance sub-committee, at least once a mtlnth~

(4) Account Registers to be maintained. -Every Farmers' Organisation shall maintain accounts register.Each of the following record shall bear the name, address and the seal of the farmers' OrganIsation and shallbe machine

1406(29}

numbered; namely:-

(a) Cash book;

(b) Bill registelS:

(e) Contingent registers;

(d) Receipts books; and

(e) Cheque registet.

12 Records to be maintained. -Each of the Farmers' Organisations shall maintain the fonowing records, otherthan the records, specifICally. mentioned in the Act in these rules. An up-to -date copy of theAcVRulesiDirections and orders of Commissioner I Government :-

(a) The following maps shall be maintained by each Water Users' Association; namely:-

(i) Map shovltng the boundaries and jurisdiction of the association, water conveyance system, >Mthin theboundaries of the association;

(il) Map showing the notified command area with Serial numbers as prescribed in sub-rule (6) of rule 3 ofthe Farmers' Organisation Constitution, rules, 1999.

(b) the following registers Shall be maintained; nameJy:-

(1) Property Register and Records.• These records shall contain the details of properties, assets andliabilities vested in a Farmers' Organisation like lands. buildings. canal banks ~t"~.-

(i) Inventory Register (Component Register). - An inventory register in Form 2 shall contain particularsof hydraulic particulars of structures, including details of canals and with their hydraulic particulars.

(ii) Register Of Vacant Land and Buildings in Form 3.(iii) Miscellaneous Property Register.- Other minor properties such as trees grass etc. in form 4, and'"

(iv) Register of Machines.-shall contain the list of machines working and condemned in Form-5.

(2) Membership Register and Records.-Registers relating to memberships as specified in sub-rule (1),{2} and (3) of Rule-4 of the Farmers' Organisation Constitution rules. 1999.

(3) Water Flows Register and Records.-Every Farmer' Organisation shall be supplied with water, basedon the operational prepared plan. These flows need to be monitored daily at specified locations as decided byFarmers' Organisation- .

(i) A Reservoir Gauge Register in Foon-6.

(ii) A Canal Gauge Register in Form-7.

(4) Area Crops Register and Records-

(i) Command Area Register in Form-8.

1406(30}

(H) Farmer Wise Demand Register in Focm-9

(5) Works Register and ~ecords:

(i) Register of Administrative Sanctions in Form-t,

(ii) Register of Technical Clearance in Form-I.

(6) Cash register and Records:

(i) Cash Bookin Form-1 O.

(ii) Receipts Book in Form-11.

(iii) 8iU Register in Form-12.

(ill) Cheque MemoRegister in Form-13.

(v) Special Fee Register in Form 14.(7) Minutes Register and Records.-Every proceeding of a General Body meeting, a Managing Committeemeeting, a Sub-Committee meeting shall be recorded separ"1ltely in a minutes book.

13. Levy & Collection of Fees.--{1) The f'armerg' Organisation may by resolution passed by the GeneralBody of the concerning committee levy a fee.

{2} a fee under sub-rule (1) shall be levied for the follovving purposes for the Fatmers' Organisation:-(a) to provide facilities or;

(b) to provide specific services; .

(c) to meet any urgent needs of the Farmers' Organisation;

(d) to build up assets of the Farmers' Organisation, and

(e) to improve the system.

(3) After passing the resolution by the General Body the competent authority shall prepare the estimate forthe purpose as specified in sub-rule (2) and the Managing Committee shall decide a levy of fee proportionate tothe land holding or to the number of members. The Managing Committee after it's decision shall serve thedemand notice to t~ concerned.

~ ;'

(4) all fees collected shall be dUly accounted tor and the receipt thereof be given to the concerning~rson.

.(5) a fee collected for which specific purpose shall be used only for that purpose-

(a) In default of payment of fee by any member. the Managing Committee shall prepare a list of defaultersalong w\th amounts due.

(b) The defaulters list so prepared in clause (a) shall be sent to the SUb-Engineer. Water ResourcesDepartment of the area in wtlose jurisdiction the area of operation of a Farmers' Organisation lies for recovery.

14. Financial Audit. - At the end of each, financial year, and not later than three months after thecommencement of the new financial year, each of the Farmers' Organisation shall cause its accounts to beaudited as follows:-

(i) the Managing Committee shall appoint an Auditor vmo'hasadequate experience in normal auditing worle..

1406(31) lft2flIOT ~,~ 18 ~ 19'9'9

(ii) the Auditor so appointed shall be a person of repute in the area of operation of the Farmers' Organisation,who has reasonable kno'NIedge in accounts;

(iii) the appointment of the Auditor shall be approved by the Managing Committee of the Farmers'Organisation;

(iv) the Auditor so appointed shall take all steps necessary to scrutinise the accounts of receipts andexpenditure. within thirty days from the date of his appointment and furnish the audit report along with thestatement of accounts and balance sheet to the President of the concerned Farmers' Organisation:

lV) the audit report shall be submitted to the General Body in its meeting for its approval;

(vi) the Managing Committee of a Farmers' Organisation shalf provide the audit report to the GeneralBody, and

(vii) if the overall transactions exceed Rs. 10 lakhs per annum, the Farmers' Organisation shall engage aChartered Accountant for audit of accounts.

15. Functions of Competent Authority. - In the functioning onhe Managing Committee of the Farmers'Organisation, the Competent Authority, appointed under sub-section (1) of-Section 21 of the Act, shall-(a) attend the meeting convened by the Managing Committee, and participate in the discussions but he

has no voting right,

(b) .assist in the preparation of maintenance plan;

(c) prepare estimates for \o\'Orks identified for execution; the estimate shan be prepared as per the normsand the rules prescribed by the Water Resources Department in this regard.

(d) accord technical clearance to the maintenance works, as per Ihe powers delegated. The technicalclearance shall be limited to the administrative sanctions for the work;

(e) ensure that no alteration or change is made in the irrigation system, with reference to the approvedhydraulic particulars;

(f) bring to the notice of Water Resources Department. any tampering or changes made in the system, byany Farmers' Organisation in contravention of the hydraUlic particulars. He shall ensure that action is taken inaccordance with the Act;

(g) provide technical details of the system to the member of the Managing Committee;

(h) assist the Managing Committee in the preparation and approval of operational plan,

(i) adVise and assiston water regulation, based on the water supplies ::Ifld seasonal condition;

0> prepare water budgeting for the Farmers' Organisation;

(k) help in assessment of areas irrigated;

(I) help in training any helper appointed by the Farmers'Organisation in discharging their duties;

(m) guide Ule Farmers' Organisation In maintaining various registers and

(n) record measurements for the work done and pass the bills for payments by Farmers' Organisation basedon the approval of the works sub-committee.

1406l32), .••

'q~'lJtfl ~,R-;rlifi" 111 ~T(~ 1999~

FORM 1

[See Rule 7 (5)and 12(5) (i)]

REGISTER OF TECHNICAL SANCTION I ADMINISTRATIVE SANCTION

(T .S.) (A.S.)

Name of W.U.A.lF.O ..

WAS/DAS/PASWTS/OTS/P

Sendlon No.a. Year

Sanctioned By H·e;iof------·-·------..--Amounto·(Account Name of Work Estlmate

Date of Sanction Initial

..................-- (1) .... (2) (3) (4) (5)' (6) (7)t ··•· r_ __ •• __ "_ ...

.\

...!'lote: "W.A.S.

W.T.S.

D.A.S.

D.T.S.

PAS.

P.T.S.

W.U.A' s AdminIstrative Sanction.

W.U.A's Technical Sanctiort by Competent Alittlority(Technical).

Distributary Committee's Administrative sanction

Distributary Committee's Technical sanction by Competent

Technical Authority.:

Ptoject Committees Administrative Sanction.

Project Committees Technical Sanction by Competent

Tedmical Authority.

1406(33) 'Jf~lJ-(fl' mI1l'J ,flr-rl", 18 ~'fit 1999

FORM 2

[See Rule 12 (1) (I»

AEGISTER OF COMPONENT WORK

Name oftha Scheme " " . Name ofW.U.A./F.O ..

(1) (2)

SII Front Rlilar Langth Hlilight of OvOlaD(alSed (a/Bed (a)a1I1n1 oponing ~anl length(bIFSL IblFSL (blallop or notch

S~l or (a)Canlll (alCanal Width siU al Hoight of O\loralllloor bed From FSL \/GnI length of

Iroar tronVraar pJpa 01(bJDrairl (hlOrain batta!bed MFL

Inl" outl4lta Crallt orOSCllpe ,iMs/lliaes

(6) (7) (8) (9) lID) (111 (12)

(8iFSCOr-<a)Topot':""(B)Can~I---'Derij)'or-'-" "'To';-Wfciifi"-'-jii:oirt Raari"~fa}A~canlll lining BWIBOIl faU Might of bank R/l t;!Opoli !>&lOW(b)MEL (b\Banki ,(b)drain {alcanal (alcanul (a)c:anal (b)drain ageof drain parap« BW/bad raJ! (b)stdo wall (blliood (b)nood bank .rOa

(c) Flood bankbank

RQlTllrkaOischllGOcap.ely(mlWon morMen.

(13) (1"1

AtCa)ESLof 1.Jnca.a 01canal regulator, &(b)MFL of drtlll'i bridges the

dlmenslo/'lundorcolumn

At FSI-of Ganal (a)Should beupto bottomof gird<)r

CBIAt FSL 2.Theaw(I)p.renl canal regulatorl(U)o" lllke c:anll.t stand for th9lblAtMFLot f11llort"" FSI.drain Fun IlIpply

lewlM FL

(a) AI. Mllxll1'UlTIMFL nDOd leval

(b) At BlWB«JfSL YAdth !tfl.

Rlgl'iLoft

At felL

AreaschargeablllliInehmenl ordr.inajla(llJIJKm.2)

Number of Ayacutopenings Of belowvents

Numbor of (a)Ara~

vents (t)parentcenal(illOfftakecanal

Numbelof DrainageventI; arell

(,,)Number of VlIlageliIfO(Illi conneaea(b)lvpllotg.,\05

O\lorallI<mgI:tt

OveraHlength

t-hlighl ofwall Of \/Gol

HolQhIof{a)""'"(b)parapat

·~OimOi;s1DnS---------siOiiea

(m) Clfft. of banknumbllrofvenia<lpOflirlD'9

Widlh of(sJVQI1t(b)road way.

Wi<lhofwaU(toplboitom,lol\lon\

top(alCanalbaf/k(b)Canalbank .operat\llQ

(/IIPlIll/ormb)Road

FSL{a)abOve(b)below

MFL(a)aboVe(btbalow

"Recluo;od levers(m) 01 It.

Eled(a)c"nal(b}drain

(5)

C1'Olitor..III

N.me.nddesCriptionof'A\:lfk

SluM;&501sypl'tontll

Regulator.andbr~

Canat,c:hal\neta..qUWuc:taor IlJperpaal;ages

(<II

OroDa .ndc:anlll'ab

p-o.llo1iRight­(R}Lef\.il)AoI'OsI-IX)

(31

DilI(.nee'romhnd

Sl.No.

14//6(34) ll'Elrcrhl ~ ,R"OfIifi 18 3fIfHI 1999

!"()){M - 3[See Rule 120) (iii)]

RI':(llSTI·:R ()l! mJlLDINUS &. Li\NDSName of the W.U.$./F.O ..

.-----.-euiidiiig"fiPe-'--------_o,,- ._.~ ~-- 'Lands

'illage &a.No.Location

N.meDo•.crlplion

Watls Floor

(SJ

. Roof

(6)

.... , .._~_ . ","..._.. _~, ~··~-"····+'·_' __ ·~·"'--R

ROlTllliks

ROI1!1 Auction Afl1l)unlllReafillod

1997 1998 19£19

1406cm 1JUflJ~":ll ~ ,R'lt'fi 18 arrIt:q 1999

FORM-4(See Rule 12(1)(111»

REGISTER OFT~EES -GRASS - Other MIscellaneous Properties

~____ 1.

Name of the W.U.S.lF.O ..

.. "..----.. -..--.------.--.----.-•. '-~--'- ... .. -. .. _... Details ot.M.f..!!lWs .. - -. -.- ....--_u_··-year-:i,yjsiC·[jifecti~

Sl.N M.P Tank Bund Canal Location No. of Name Girth & Grass or Fish Born Others Mln.RentlBi 1997 1998 1999o. Item l3ankRF~LF Reach' TreeofTrete Rft. of Lulieflora d Fixed

NQ. From - To Trunk

(1).(2L ..m... .... - --(~) (5) (6) (7) (8) (9) (10) (11) (12) (13) .._ ..0.4) .0 ~L_ J1ID-.

1-'106(36)

51.No.

Name ofMachine

Make & Model H.P.ofMachine

1'J~ ~J~-;:rf~ 18 apytii 1999

FORM -5

(See Rule 12(1)(iv))

REGISTER OF MACHINES

Name of the W.U.S.lF.O...

Yearol------i::;(j'glnal Book-Hire Charges' -WorkingPurchase Value' per km. Hour CondItion

Remarks

(1) (2) (3) (4) (5) (6) (7) (8) (9)---------------------------------_.'

1406<)7)

FORM -6[See Rule 12(3)(i)]

RESERVIOR GAUGE - DISCHARGE REGISTER

Name of ReselVolrlTank .

F.T.L. MWL. TBl

H6lIIdSlulce(1)/sluicll(2)

Roar Vent hoadGauge way &

OpeniOIl

Dale

(1)

ResONoirlovello8A.M.

(2)

CapllcltyInMelt

(3)

FrontGauge

(4) (5) (6) (7)

DillchargQcus6Cs/Mcfl

(8) I (9l

Name of the W.U.A./F.O...

Ilpillwaylsurplu5 'NOlr Evaporation

Head Vont Dilicharllo In ft. In Totlll Rlli Rlaelf Not Tolal Net Rornaover way eUli.,e5/ Meft oul n all or Impoundl Inllow ulll!.a rkscrest & Melt now rail Ru..L ng Mctl tion

opon Mefl evel depletion MeflIng In ft. Melt

(10) (11) (12) I (13) (14) (15) (16) (17) (18) 19) (20) (21) (22)

1406t1H) - FORM -7 .[see Rule 12(J}{ ii)]

CANAL GAUGE· DISCHARGE REGISTER

Name of parent canal/Distrlbutory .Al Stan

fled Width : ..Full Supply Depth ..

Gtlugc .Discharg« .

Name of the W.U.A.lF.O...Atl':nd

Ik:d Width .Full Supply Dcpth.." ..

(iuuge : .DischIlFj,lC ..

At

Diltu Time Gauge (fll Slurl Ill'

I'J).nisetllllt\~ inl'USCI,,'S

Ollllgl.: ,Ii,eml Ill'

1,'( )

Ilischurgc illl'IlSC':S

In CW;I,.:CS In Mell.

ll) (I)-_......._._---- ,~.....,.....--._....•_-_.__.(51 {(oj (7) IR). .., ...._ ·_'~__.L_"_. . '.,, ....._._·'·_oh_T_.'··'·_··' ~ . _

1406(1)) l{~~vr ~ ,fi:::ft7;f 18- 3rtrBl 1999

FORM -8

[See Rule 12(4)( ilJ

COMMAND AREA REGISTER

Name of Source." " .. Name of the W.UA/F,O.,.

Remarks'j\l(ulE:\Il.l1I1 ol' Commend

Arcll

__________• • , ..1.1

_

SLlrve~ NumberName of the T.and Name uf VilIlllI.u1lohJer/Flllhel'srunne

SI.No.

(I) - (2) (3) l ..n (5) (6) (7)---------------------------_._------ --+-O._~_rl._, ~ __ r ....... _ ........._~ .............n_~~.. '_T~_. .....r....___.._·_h_

1406(4(/)

Name of Source .

llurV(n ~fl",R"'lfiifi ts dll)'f«' 1999

-----_._-------

FORM -9

[See RUle 12(4)( til]

REGISTER OF IRRIGATED AREAS AND DEMANDS

Name of the W.U,A.lFp...

Name 'If theSLNo. J.and

Ilnll.1er/Fulhcr'sname

Survey Number Hxtcnt orholding

I\clua1urealtrigutcd

Type ufCWIl Nil. ofWuteriugs

Water Charge Assessment

(I) (2) (.1) HI l.~ ) f (, I 0,

Rule

(~)

Amount

(I»)

0~<:)

~q).::::-e-'0e-

O<q)...EIi It:

~ zI=" ~

1i} - x::0 iC 0

<0 .... N 0... I .... lI;1If' ~ .! I

I 0::: ::::l tila oc <:tu. s o

~ ~

~110"po

trlr

" ..i"'g=1- ',=)il-;::

~..... .:::

I

~:;

~i.I

.~!

­~,"-'I

I

I

£1II

"- \611

cl" I:.... I:zl, I51

, I1..- I!,N'I ....... :. I

., !I

'-'

.., , .

I..:j06(42)

ORIGlNAL

TEMPORA!{Y REcmPT(Stamp or Fnrme..'rll AS8\lCiutilm',

Receipt Nu....................... DUle ,

Received Rupees : ... , .

From Sri , .Slo .r{to .."\lwlIrdli Ihe " .

lft:ZJ1l(fl ~,Roriq; 18 arrrw 1999

FORM -11·'

[See Rule 12(6) ( Ii)]

DlJPI.ICATli

THMI'()RARY ImCEWI'(Sunup Ill'FlIrmurs AllllllCilllion)

l{cccipl NIl...... Dllle ..Rccci\'1. 1Rupees , , ."H········ ..· ·,,····..··» .. ················ .From Sri , " , .SIll "' ..

RIlL ..T(I\nrl'd,~ 1I1t: .

....... " , , .

I'llIcc :Dale :

Signature AuthorisedAutllllrilr ol' the Farmers

AlI.'«ICilitillll

l'lllcl: :Dutc :

Signuturc AuthorisedAuthority ofthe [!llnncr~

Ass{lCiutiun

1406H3) lfUf9"t:n ~ ,R-;ffifi 18 WI'~ 1999

FORM -12

[See Rule 12(6)(iii)]

BILL REGISTER

Name of the W.U.A/F.O...

Sl,No. Date of Name of the Amount of Ref-to Amount ot' the M.1l.No. lind Narne of thc lnitla!Submission and Work Eslimlllc SIlJlCtiOl! hjll l'llge AgencyDespatch No.

--_._-----_._---_.>.....----- .-, ...-~ ...-_._._---~_._----~----_._.(1) (2) (3) (4) (51 {li) m (8) (9)

.._-_....._+••

1406(44) lf~1J,(lT ~tR'fl"'18 arrt~ 1999

FORM -13

[see RUle 12(6){ iv)J

RESISTER OF CHEQUE MEMO RESISTER

Name of the W.U.A.fF.O ...

Sf.NIl.

(I)

Til \\11011\ IhuCheque issued

(2)

NUIIl C 1)(1I1e

\\1<,1'1.:

en

ellllllUC No. &. A;;Wim"i:;j~~- --CI'C(IIIC i~;~~1. 1\11101'111 HI" IJu!unw Sill.nllllUuJ)/IIC Chl,lllUI: Nil. Ilu.lg",t Amllulll

(4) (5) ((, ) (7) (8) : (9)

1"106,,15) "Ift."tl"l~~l "U'iJ'nl ,fl;'1T'.f; 11l JFT~ 1999

--------

FORM --14

[See Rule 12(6)( v)]

SPECIAL. FEE REGISTER

Name or the W.U.A.JF.O ...

----_ .._--------_._.,.----SI.N.I. Dute Descriptiou <If

Hpcciul FccPeriod l-rom \\110111

,,,llIc,:lc(\Amouut Temp.Receipt No. Rcmnrks

(I) (,2) 1:\) (-I) (") (I',) (7) (~)

-MAJ).HYA -PRADESH rABMER-S

ORGANI6ATtON CONSTITUTION llULI$

!9'~

1406(59)

Bhopal, the 1st"October 1'999

No.32-1-99-M-XXXl.-In exerciseof the, powers conferred by Section 43 of the "Madhya PradeshSinchai Prabandhan Me Krishkon Ki BhagidariAdhinium, 1999" (Act 23 of 1999),the State Governmenthereby makes the following rules:-

1. Short title. - (1) Theserulesmay be called the "Madhya Pradesh Farmers'Organisation ConstitutionRules, 1999".

(2) They shall comeinto forcewith effect from the date of their publication in the "MadhyaPradesh Gazette".

2. Definition. -ln these rules, unlessthe context otherwise requires:-

(a) -Act" means the Madhya Pradesh Sinchai Prabandhan Me Krishkon Ki Bh~gjdari Adhinium,1999.

(b) "Authorised Officer" means an officer authorised by the District Collector not below the rank ofa Naih Tahsildar.

(e) "Form" meansa from appended to these rules;

(d) "Farmers' Organisation" meanswater users' Association at the primary level, DistributoryCommittee at the secondary level and Project Committee at the project level;

(e) "Notice" means notice appended to these rules.

".'. " ,-A{.

1406(60)

3. Delineation of Command Area of an Irrigation System.-(1) The District Collector, may by notificationqelineate the command area under each of the irrigation system within his district on a hydraulic basis which may headministratively viable; and declare it to be a water users' area for the purpose of the Act and publish a notification inForm;A the Farmer's Organisation shall have distinct name; by amending the notification pUblished under this sub­

rule.

(2) For the purpose of this rule, every water's users association shall have the name of a vl\Iage as its distinctname in which the major extent of the command is situated. If there is more than one association in such village,then such association shall be called by adding numerals to the distinct name.

(3) For each of the irrigation system the Collector shall cause to be prepared the maps or sketches, indicating thedistribution system like majors, minors and outlets along with the related structures in the command area. In the mapOf sketch the village boundaries, the drains'. ayacut roads and allslruetures shall be marked.(4) The areas irrigated or planned to be irrigated under each of the distributory, minor. survey number wise shall be.prepared.(5) The command area for each water user area shall he delineated on hydraulic basis. each to be served by adistinct segment of the irrigation system and ~th a control structure or a mechanism at its head for supply ofallocated or designed quantity of water for that command area.(6) The delineated area may have one or more distributories or minors or sub-minors or di~ect pipes or outlets ora combination of two or more thereof. serving its command. It snail also have a distinctly demarcated boundarywhich could be a drain, or a bund or an uncommandable land.

(7) In case of minor irrigation system, including tanks. di'lersion channels, lift irrigation schemes, wells, and such othersmaller irrigation systems each shall form into one water user area.

(8) in case major and medium irrigation system such water user areas shall be more than one-.

(9) To ensure administrative viability. the area of operation of each of the Water User's Area shall be the limitsof a village or contiguous villages situated within a Revenue Circle. as far as possible.

(10) The District Collector shall divide each of the water user area in a Major or Medium Irrigation Project, as far aspossibie equally into such even number of territorial constituencies as specified below:

upto 1000 hectares

from 1001 101500 hectares

from 1501102000 hectares

more than 2000 hectares

4 territorial constituencies

6 territorial constltuenctes

8 territorial constituencies

10 territorial constituencies

and in- respect of minor irrigation project. the water user area as far as possible De equally divided into such evennumber of territorial constituencies as specified below:

up to 200 hectares

from 201 hectare., to 400 hectares

from 401 hectares to 600 hectares

from 600 hectares to 2000 hectares

4 constituencies

6 constituencies

8 constituencies

10 constituencies

Note. -The command area under. a direct pipe outlet shall not be bifurcated While dividing territorial constituencies.

1406(61)

..bi·-

....... ·hij . 'The draft command area map or sketch of the water use?s area demarcating the bOundaries of territorial~onstituencjes in the area of operation shall be prepared. The pattieulalS containing the SUlVey numbers of the landsSituated in each of such territorial constituency in Form -N shall be displayed together iMth such map or sketch on thenotice board of the Gram Panchayat and the Janpad Panchayat. for information of the land holders.

(12) Objections or suggestions against the delineation of water user area or the division of territorialconstituencies, if any, may be filed, by the landholders in the area of operation, before the District Collector withi(J aperiod of seven days excluding the date of display.

(13) Within two days of the receipt of the objections or suggestions, the District Collector shall after conducting asummary enquiry make such changes or modifications wherever considered necessary in the maps or sketches dulyrecordin,g reasons thereof. whose decision thereon shall be final.

(14) A final map or sketch in pursuance of sub-rule (13) shall immediately be displayed in the office of the GramPanchayat and Janpad Panehayat in Form DB" 'r1y the District Collector.

4.Preparation of landholders list, Voters list and other Water User's List. - (1) The District Collectctahallprepare or cause to be prepared by the authorised officer, the list of landholders on the basis of record of rights, inform ~c~. On the basis of the list as so prepared, he shall prepare or cause to be prepared territorial constituency ­~ voters list in Form MO", consisting of those landholders who have completed eighteen years of age as on the dateof issue of notification fOT conducting elections in a water user's area fOf electing the president' and the members ofthe managing committee of the water users' Association.(2) The lists prepared under sub-rule (1) shall be displayed on the notice board of the office of the concerned GramPanchayat and the Janpad Panchayat.

(3) Before finalising the lists mentioned In sub-rules (1), the District Collector shall invite objections in Forrn "E"against inclusion of any name or names in Form "F" and for defetionof any name IY names ill Form "G" within a weekof display under sub-rule (2). After receiving the objections if any, the District Collector shall consider all suchobjections within a week. and finalise such lists, by appending the names to be deleted or incorporated, at the end ofeach list and a final notice thereof shall be published in Form "H" for verification.

(4) Each land-holder in the water users' AJea shall have one vote only irrespective of his land holdings in the saidarea.

(5) (i) In case, a land holder has land in more than one Territorial Constituency of a water user area the land holdershall opt for one constituency by giving a declaration as specified in Form "I" to the Authorised OffICer.

(Ii) . In case no such option is exercised by the land holder, the Authorised Officer shall allot his vote to theconstituency in which the landholder holds the maximum extent of land; where such land held is the same in twoconstituenCies any of the constituency may be allotted.(6) The list prepare~ under sub-rule (1) shall be revised six months before, the commencement of .the subsequentelections in accordance with the provisions of the Madhya Pradesh Farmer's Organisation, Election RuJes-1999.

5.Delineation of distributory areas-(1) The Government. keeping in view the operational Viability and' inconsultation with the District Collector, for the purpose of constituting the Distributory Committees. delineate thecommand area by a notification in Form "J", under a major project into such number of distributary areas as theyconsider proper. .

(2) A distributory area may contain two or more contiguous water users' areas.

(3) In delineating a distributory area, no water user area shaH be divided or bifurcated into parts.

1406(62) qt4I1~~1 ~.~ 18 ~ 1999

f. Delineation of project areas - (1) The Governmenl keeping in view the operational viability and in ConsultationWIth too District Collector, delineate, the command area by a notification in Form "K" under a major irrigatIDn projectinto one or more project areas for the purpose of constituting a Project Committee or Committees.

(2) Tlte entire command area under a medium irrigation prOject shall be treated as a single unit and notified by theGovernment as a Project Area. •7. Procedure for conducting election - (1) The election to the office of the Chairperson or the President andthe members of a Farmers' Organisation shall be conducted in accordance with the provisions of the Farmers'Organisation Election RuJes-1999.

(2) No Member shall hold more than one elective office in a Water Users' Association. If a person is elected asPresident of Water Users' Association and also as a Member of the Managing Committee. he shall resign one of suchoffices 'within 15 (fifteen) days of the declaration of the result, by a letter addressed to the concerned CompetentAuthority. If he fails to do so, he shall cease to be a Member of the Managing Committee of the Water Users'Association. The Competent Authority then sha" immediately inform the .fact of resignation or cessation of such officeto the District Election Officer and the President Distributary Committee Wheresuch committee exists. Such casualvacancy shall be filled in accordance with the Provisions of Section- 15 of the Act,

8. Recall .- (1) The competent authority for receiving the recall notice in respect of a Chairperson or a President or aMember of the Managing Committee by any Farmer's Organisation shall be the District Collector or an officernominated by him.

(2) The recall notice in Form "l," shall be signed by one third of the total voters in respect of the president or aMember of the managing committee of a Water Users' Association , and One third ct the total members of theGenerai Body in respect of the President or the Chairperson or a Member of a Managing Committee of a DistributaryCommittee or the Project Committee.

(3) On receipt of such notice the Competent Authority Officer shall veri!)' the notice in Form OM".

(4) The officer nominated by the District Collector shall call for a meeting of the voters or the members of the GeneralBody. as the case may be, of the respective Farmers' Organisation within seven days after verification of the notice,

(5) Two third majority of the 101al voters present and voting and half of the total number of members of theassociation voting at a General Bodymeeting specially convened for the purpose have voted in favour of the motionfor recall, tt~'fl1otion shall be deemed to have been passed.

(6) After the motion passed under sub-rule (5) the competent authority shall issue the proceedings of marion tothe concerned ChairpefSOn. President or the Member of the respective Farmers' Organisation immediately stating thatthe recall became effective from the date of passing of the resolution; and accordingly he shall cease to hold suchoffice.

9. Casual Vacancies.· A vacancy arising in any of the Fanners' Organisation either due to disqualification or due todeath or resignation f recall, or by any reason. such vacancy shall be filled in the following manner.(a) (i) If a vacancy in the office of the President of the Water Users' Association arises the President of theManaging Committee of 1he Distributary Committee in vlhich the Water Users' Association is situated, shall nominateone of the member of the Distributory committee as President of the Water Users' Association.(ii) If a vacancy of a Member of Managing Committee of Water Users' Association arises, the President of theManaging Committee of the Dlstribut()~Committee shall nominate, any one of the land holders from that particularconstituenCy In which vacancy has arisen, as a Member of the Managing Committee.

(b) (i) If a vacancy in the office of a President of a Distributary Committee arises, the Chairperson of the ManagingCommittee of the Project Committee in whioh the Distributory area is situated. shaJ] nominate one of the members ofthe Manag~ng Committee of the Project Committee as the President of the Distributory Committee.

. I

1406(63)

(ii) If a vacancy of a Member of Managing Committee of a Distributory Committee arlses the Chairperson of theProject Committee shall nominateone of the members of General Bodyof the Oistnbutory Committee as a Member.

(c) (i) If a vacancy in the office of the Chairperson, of the Project Committee arlses, the Apex Committee or theGovernment shall nominate one of the members of the Managing Committee of the Project Committee as theChairperson.(ii) If a ..acancy of a Member of the Managing Committee of a Project Committee ariseS. the Apex Committee orthe Government shall nominate one of the General Bodymembers of the Project committee as a Member.

FORM "A"

NOT1ACAllON[See sub-rules (ii)of rule 3]

Whereas, it has been decidedto delineatethe entirecommand area into Water Users' Areas on hydraulic basisandwhich are fOund \0 ~ adm\nistrativelv viabl.e;

And whereas, the water users' areas as so dividedshall be further dividEld equallyas far as possibly intosuch evennumber of territorial constituencies for the purpose of forming the Water Users' Associations:

Now therefore under sub-rules (2) to (6) of rule 3, of the Madhya Pradesh SinCha; Prabandhao Me Krist/ikon KiBh3gidari Adhinium. 1999 (Act 23 of 1999). l.. _ : the Collector andOistrictMagistrate of District/AuthoriSed Officer hereby delineate................. WaterUseTS 'Area into...... territorial constituencies. anddirect that the maps and sketches indicating the various Water Usere' Areas and the territorial constituencies shall bedisplayed on the notice board of the _ Gram Panchayat and on the noticeboard of the office of the Janpad Panchayat.Any objections or claims against the delineation detailed below may be tiled before the authorised officer withinsevendays excluding the date of display on the noticeboard of the office of Gram Panchavat or the Janpadpancnayat -

.............. Irrigation System... Water Users' Association.

Name of the village Total Nos. of Territoriar constituencies .Name oithe Tehsi!... Name oUhe major/minor ' .Totat Command AJea;ll Ac:re$ lenitor\al ~oost\tuencyNo .

51. No.

(1) I

(Part No ..........J

Location of Command Area Village01f-Take Sluice

I

SUl\ley No. Extent in Ha. I(2) (3) (4) (5) 1

I

I

II

Collector & District Magistrate/Authorised Officer

.................. District

FORM"S"[See sub-rules 14 of rule 3)

Where asthe objections received againstForm-A displayedon............... (Date) have beenconsidered andthoroughlyexamined.

And whereas, it is considered that the amendmentsto Form H fJ\ are considered necessary; and accordinglytheyare hereby made and revised in the tableheriunder.

............... Irrigation System......... Water Users' Association,

Name of the village Total Nos. of territorial constituencies ..Name of the Tehsil ....................•......Name of the major/minor.........•...........Total Command Area in Ha Territorial constituency No ..

(Part No )

51. No. LocationofOff-Take-Sluice

(1) (2)

CommandAreaKhasra No. Extent in Ha.

(3) (4)

Village

(5)

:ollector & District Magistrate/Authorised Officer........_........ District

FORM"C"

[See rule 4 (1)]

Under-sub-rule (1) of rule 4 of the Madhya Pradesh Sinchai Prabandhan Me Kfishik;:on Ki Bhagidari Adhinium. 1999(Act 23 of 1999).1... the Tehsildar of the Tahsil beingthe Authorised Officer herebypublish the land'holderslist as in the table below. Any objections or claims against the above list may be filed beforeme within a week from the date of display of this list.

Name of the WATER USERS' ASSOCAIION

Name of the village :................... Name of the Tehsil .

Name of the major/minor......................... District ..

Total COl1'lmand Area.............................. Total Territorial Constituencies .

Territorial Constituency No...................... {Part No.) .

1406(65)

land Holders List

51. No. Name of the land holderFather's name

(1) {2}

Extent ofHolding (Ha.)

{3}

KhasraNo.{"')

Nameofthevillage(5)

Age

{5}

Collector & DistrictMagistrate/Authorised Officer........................... DistIicfiV\lUA .

FORM"D"[See rule 4 (l)!

Under sub-rule (1) of rule 4 of the Madhya Pradesh Sihchai Prabandhan Me Krishikon Ki Bhagidari Adhinium, 1999.(Act 23 of 1999). r.................................................... the Tehsildar Tehsilbeing the Authorised Officer hereby display in this form the list of all the voters who are the land holders' and havecompleted eighteen 'Years of age on the date of issueof Notification prepared territorial constituency wise, for electingthe, President and member! of the managing committee of the \Nater Users' Association specified below.

Any objection, against the list may be ftled before the uooefSigned .....ithin a w~ek. for con~idefation and finalisatiofl.

Voters List of. Water Users' Association

Name of the Water Users' Association .Name of the village Name of the TehsiL.. ..District. '" Total Command .Area .Total Territorial Constituencies .Tenitonal Coos1ituency No (Part No.) .

list of All Other Water Users'

81. No

(1)

Name of 'fie Father's name Agevoter(2) (3) (4)

Name ofvillage(5)

Land ROldingKhasra No. Extent

(6) (7)

Collector & District Magistrate] Authorised Officer...'" DistrietlVVUA

1406(66)

FORM"e"[(See rule 4(3»)

OBJECTiON TO INCLUSION OF NAME

To,'The Authorised Officer, ­....................••......Water User Association.

sir,

I object to the inclusion of the name of............. at Serial No .in Water Users' Assoeiation electoral roll for the following reason (s).

I hereby declare that the facts mentioned above are true to the best of myknowledge and belief

My name has been included in the electoral roll for this Water User Association as follolAS:

Name (in full) ., .

Father's I Mother's JHusbano"s name ., .

Serial No ., .. : .

Date . SignaturefThumb Impression of Objector

(Full Postal Address)

I am an elector included in the same electoral roU in which the name objected to appear, my serial number therein. is.................... I support this Objection and countersign it.

Signature of the electorName (in fuJI) .

Note.• Any person who makes a statement or declaration wtlich he either knows or believes to be false or does notbelieV€ to be true is punishable under provisions of Madhya Pradesh Sinchai Prabanddhan Me Krisblko(l KiBh~ldari Adhinium, 1999 (Act 23 of 1999).

FORM"F")ee rule 4(3) l

TO,The Authorised Otficer.... .. Water User Association.

Sil,

I request that my name be included in Ihe electoral toll for the above Water Users' Association.

1. Name {In {\IU) " .

2. Father's I Mother's I Husba~d'S name ..

1406(67)

3. Particulars of my place of residence are .

(a) House No .(b) Street/Mohalla .(c) TownNillage '"(d) Post Office .(e) Police StationfTehsil ..(1) District '"

4. Particulars and holding .

(a) SUivey No .(b) Extent. .(e) Name of the village .(d) Name of the Irrigation System ..

I hereby declare that to the best of my knowledge and belief:

(i) that I am a citizen of India;(ii) that my age on the fllSt day of January 1st I July 1st was years and months;(iii) that I am water User' of this Water Users' Association at the address given below.

Place .Date ..

Signature or thumb impression of claimant

FORM-G{See rule (3)1

APPLICATION FOR DELETION OF ENTRY IN ElECTROAL ROLL

TO,The Authorised Officer,........................... .... Water User Association.

Sir,

I submit that the entry at Serial No. of the electoral roll for the WaterUsers' Association relating to ·Shri I Smt "son/wife/daughter/ of requires to be deleted as the said person is -dead I is not a water user in this Water Users'

.AssocialiO'ftfhis name15'a're~finc1u~;" fha~"-8iifIl•.......;.. ~~;.•~"'eisnot entitled to tlt·registered in the electoral ri!lll for the fo'ltoWltl,g reclSGIIII.

I herl!by declare that the fads mentioned above are true to the best of my kn,ow1edge and benef.

1406(68) 1Iv:r!ltn ~,~ 18 3PTlif 1999

I declare that I am an elector of this Water Users' AssociatIon belng enrolled at Serial No...•...........of the roll.

Place :..__ .Date ~ ..

Signature/thumb Impression of Objector(Full Postal Address)

Note-Any person who makes a statement or declaration which is false of which he either knows or believes to befalse or does not believe to be true is punishable under provisions of Madhya Pradesh Sinchai Prabanddhan MeKrisrnJwn Ki Bhagidari Adhinium. 1999 (Act 23 of 1999).

*Strike out the in appropriate words.

I am an elector _ included in the electoral roll of the same Water User's Association in which theclaimant has applied for deletion. My Serial No. therein is I support this claim and countersign it.

Signature of the electorName (in full) ..

Note-Any person who makes a statement or declaration which is false and which he either knows or believes to befalse or does not believe to be true is punishable under provisions of Madhya Pradesh Sinchai Prabandhan MeKrishikon Ki Bhagidari Adhinium, 1999 (Act 23 of 1999).

FORM "H"[See sub-rule (3) of rule 4]

NOTICE OF FINAL PUBLICATION OF ELECTORAL ROLL

It is hereby notified for public Information that the list of amendments to the draft landholders list. voters list and otherwater users' list of the Water users' Association have been prepared in accordance 'With the Madhya Pradesh SinchaiPrabandhan Me Krishikon Ki Bhagidari Adhinium, 1999 (Act 23 of 1999), and a copy of the said lists together with thelists of amendments have been pUblished and will be available for inspection at my office.

Place .

Date .

FORM..J[See sub-rule (5) (i) of rule 4J

DEClARATION

Authorised Officer.Designation

..: District.

I........................ son of ShrL. resident at DoorNo. of......... village : __aged about years hold lands as fotlQINS :

]406(69) If"l'l('t. ~.~ 18 (f(1J'W 1999

SUfVeyNo.

(1)

Extent in Ha.

(2)

Village

(3)

TerritorialConstituenCy No.

(4)

I declare that • intended to vote in Territorial Constituency No .

Place ..Date .

TO,The Authorised Officer,..............................Water Users' Area...........................Tehsil.... :................. District

(Signature )

I. the Authorised officer for the \NUA do hereby allot... .

Territorial constituency to Shri for the follovving reasons:

1. Based on the applicants request

2. Based on the exlent of land held.

3. Others

Authorised Officer

Acknolflledgement

Received an apptication form for exercise of option to territorial Constituency in 'vVUA from Shri ,..

Authorised Officer

FORM "J"[See section 5(1)]

1n exerdlseof the powers conferred by sub-section (1) of section 5 of the Madhya Pradesh

Sinchai Ptabandhan Me Krfshikon Ki Bhagidari Adhnlyam, 1999, (Act 230f 1999) the

Govetnment hereby delineate the distriblitoty areas.

1406(70)o;:a-: .

....................... 4 .....Irrigation System, for the purpose of constituting Distributary Committees

as specified in the table below.

TABLE

Irrigation SystemDistrict

S1. No.:

(1)

Name of theDistributoryCommittee

(2)

TABLE

Location of Names of Name of the Name of thet he Off-Take theWUAs Tehsil DistrictSluice

(3) (4) (5) (6)

FORM-K[See section 6(1)]

In exercise of the powers conferred by sub-section (1) of section 6 of the Madhya Pradesh

Sinchai Prabandhan Me Krishil<on Ki Bhagidari Adbniy.am, 1999, (Act 23 of 1999) the

Government hereby delineate the project areas. for. ,: Irrigation Sy$lem,

for the purpose of constituting Project Committees as specified in (he (able below.

TA8Ui

Irrigation SystemDistrict

TABLE

51. No. Name of theProject

Committee(1) (2)

location ofthe Off-Take

Sluice(3)

Names ofthe DC

(4)

Name of theTehsil

(5)

Name of theDistrict

(6)

FORM "L"{see rule 8 (2)]

RECAU NOTICE

The undersigned personsconstitute one third of the total number of voters/members of the

GeneralBody of the Water UsesAssoeiationlOistributory CommitteefProject Committee,

Situated in...............•..•....•TehsilfTehsils................. District. We have lost confidence in the

PresidentlMember Managing Committee/Chairperson of the said Water Use".' Associationl

Distributary ComR1itteeIProject Committee. We propcse to recall him.

Accordingly ills requested to call for a meeting of the foUOVting voters/Members of the General

. Body of the said..•........•........ Water Users'AssociationlOistributory CommitteeJProject Committee

uitder sub-rule(4) of rule 8 of the Madhya Pradesh Sinchai Prabandhan Me Krlshik.on Ki Bhagidari

. Adhiniyam, 1999 (Act 23 of 1999) rules, and to move the motion for recall and conductvoting for the

puqme ofpassing a tesoJution there at.

Date

SI.No.(1)

Name.

(2)

Village

(3)

51.No. invoters list

(4)

5ignatWie

(5)

TO.The Authorised/Nominated Officer.TehsillOffice of the CollectorandDistrict Magistrate Oistrict

FORM. "M"[See rule 8 (3) 1VERfFfCAHON.

I being the authorisedOfficerlNominated Officer has reeeived the Recall notice for the purpose of recallingthePresldentlMemberof the Managing CommitteeChairperson of the " Water users'Associati0tYl;)istributofY CommitteelProjeclCommittee situated in................... TehsilfTehsilsf District!las Verified the signatureof the persons subscribe to the recall Notice with the concerned voters Il$tSlllsls of theconcerned General~jes and found their namesgiven therein to be correct andgenuine, Accordi~1y I proceedtotake further action in the matter.

AuthorisedNominated Offteet',

Station ..

Distrtd .Byorderand In the name of the Governor of Madhya Pradesh.

V.S. VERMA, 8ecy.