The Andhra Pradesh Farmers' Management of Irrigation Systems (Amendment) Act, 1999

1. (1) This Act may be called the Andhra Pradesh Farmers Management of Irrigation systems (Amendment) Act, 2003..
2. (2) It shall be deemed to have come into force with effect from 25th Septern- 'ber, 2002.

In Section 3 of the principal Act, for sub-section (2), the following shall be substituted, namely: -

"(2) Every Water Users Area shall be divided into territorial Constituencies which shall be six in Minor Irrigation systems and twelve in Major and Medium Irrigation Systems.".

In Section 3 of the principal Act, for sub-section (2), the following shall be substituted, namely: - "(2) Every Water Users Area shall be divided into territorial Constituencies which shall be six in Minor Irrigation systems and twelve in Major and Medium Irrigation Systems.".

For Section 4 of the principal Act, the following shall be substituted, namely : - Election of President, Vice- president and Members of the Managing Committee of Water Users

1. (1) There shall be a Managing Committee for each Water Users Association comprising members of the Territorial Constituencies as specified in sub-sec- tion
2. (2) of Section 3 elected directly by the Water Users as specified in clause
   • (i) of sub-section
3. (4) of section 3 of the Act from their respective Terri- torial Constituencies.
4. (2) The Managing-Committee for Water Users Association shall be a continuous body, with one third of its members thereof retiring every two years as spe- cified in sub-section (3).
5. (3) The term of office of the members of the Territorial Constituencies shall, if not recalled or removed or disqualified under the provisions of the Act, shall be six years from the date of first meeting of the Managing Committee appointed by the Commissioner: Provided that at the first election, all the Territorial Constituency members shall be elected at one time, out of which one third of the members thereof shall retire as soon as may be on the completion of two years, another one third members shall retire after comple- tion of four years and the remaining one third shall retire after completion of six years in office and their terms of retirement shall be decided by drawal of lots.
6. (4) The term of office of all the Territorial Constituency members elected subsequent to the first election against the vacancies of retirement, as specified in sub-section
7. (3) shall be of six years, if not recalled or removed or disqualified under the provisions of the Act.
8. (5) The District Collector shall cause arrangements for the election of a managing committee consisting of one member from each of the Territorial constituencies of a Water Users area by a simplified election procedure in the manner prescribed: Provided that for the reasons to be recorded in writing the Government may, from time to time, postpone the elections.
9. (6) The District Collector shall also cause arrangements for the election of a President and a Vice-President of the managing committee from among the members of the managing committee of the water users association in the manner prescribed: Provided that for the reasons, to be recorded in writing, the Government may, from time to time, postpone the elections.
10. (7) If at an election held under sub- sections
11. (5) and (6), the President or the vice-president or the members of the Territorial Constituencies of water users association are not elected, fresh elections shall be held in the manner prescribed.
12. (8) The President and the Vice- president of the managing committee of water users association shall, if not recalled or removed or disqualified by the provisions of the Act, be in office for a period of two years from the date of election or his tenure as member of Territorial Constituency, whichever is earlier.
13. (9) The term of office of the President, the Vice-president and the members of managing committee of all the water users associations formed, subsequent to ordinary election, shall also expire at the time at which it would have expired, if he had been elected at the ordinary election, be reckoned from the date as appointed by the commissioner, as specified in sub- section (3).
14. (10) The managing committee shall exercise the powers and perform the functions of the water users association.".

In section 14 of the principal Act, after sub-section (4), the following new sub-section shall be inserted, namely :- "(4-A) A member of the Water Users Association shall cease to be a member or a chairman or a President or a Member of a Managing Committee shall become disqualified to continue in office, if he ceases to be a land holder."

In section 23 of the principal Act, after clause (f), the following clause shall be inserted, namely:- "(g) violates the Warabandi or the water distribution and regulation schedule made by the Water Users Association or the Distributary Committee or the Project Committee,"

After section 41 of the,prhcipal Act, the following new sedons shall be inserted, namely:- "Power to give 41-A

1. (1) Notwithstandlng anything con-tai-ned in this Act it shall be competent for the Govern- ment or, as the case may be, the Commis- sioner either on its own accord or an application made issue such direc-tions, as they may consider necessary to any Farmers' Organisation for the proper working of the said Organisation and such Farmers' Organisation shall -1- plement those directions for effective functioning of the said Organisation.
2. (2) If in the opinion of the Govern- ment or, as the case may be, the Commissioner, the president or the Members of the Managing Committee of a Farmers' Organisation,--
   • (i) wilfully omitted or refused to carry out the directions of the Govern- ment or the Commissioner for the proper working of the Organisation; or
   • (ii) abused his position or the power vested in him; or
   • (iii) is guilty of misconduct in the discharge of his duties; or
   • (iv) persistently defaulted in the performance of his functions and duties entrusted to him under the Act to the detriment of the functioning of the concerned organisation or has become incapable of such performance; or
   • (v) violated any of the provisions of the Act or the rules made thereunder; or
   • (vi) incurred any of the disqualifica- tions under the provisions of Act, the Government or, as the case may be, the Commissioner may proceed either suo-motu or on a representation or application, and may remove such member or the President after giving him reasonable opportunity of making a representation against such action. Revision by the 41-B. The Government Government or or the Commissioner may the Commissioner. either on its own accord or an applica- tion made call for and examine the records of any Committee of a Farmers' Organisation or, as the case may be, the records of the Apex Committee in respect of any decision, order or other proceedings made under this Act to satisfy themselves or himself as to the correctness, legality or propriety of any such decision or order or as to the regularity of such proceedings and if in any case it appears to the Government or to the Commissioner that such decision, order or proceedings should be modified, annulled, reversed or remitted for reconsideration, they or he may pass orders accordingly.: Provided that the Government or the Commissioner shall not pass any order prejudicial to any party unless he has been given an opportunity of making a representation."

The Andhra Pradesh Farmers Manage- ment of Irrigation Systems (Amendment) Ordinance, 1998 is hereby repealed.

1. Short title and commencement Short title 1.

1. (1) This Act may be called the and Andhra Pradesh Farmers Management of Comenc-entIrrigation systems (Amendment) Act, 2003..
2. (2) It shall be deemed to have come into force with effect from 25th Septern- 'ber, 2002. 2. Amendment of Section 2 Amendment 2. In the Andhra Pradesh Farmers of Section 2, Management of Irrigation Systems Act, Act 11 of 1997 (hereinafter referred to as the 1997. principal Act), in section 2, in sub- section (1),-
3. (1) after clause (b), the following clauses shall be inserted, namely:- "(bb) 'chief Engineer' means the Chief Engineer of Irrigation and Command Area Development Department, who i.s incharge of concerned Farmers Organisa- tions;
   • (bbb) 'Commissioner' means an officer appointed by the Government as Commis- sioner under section 33 ; " ;'
4. (2) for clause (d), the following clauses shall be substituted; namely:- "(d) 'Competent authority (Agricul- ture)' means an officer of the Agricul- ture Department appointed as such under section 21;
   • (dd) 'Competent authority (Engineer- ing ).-' means an officer of an Engineering Department appointed as such under section 21 ; "';
5. (3) in clause (p), under the heading Explanation, ---
   • (a) to item (I), the following shall to be added, namely:- "Such system may have three tiered farmers organisation, namely:-
     • (i) Water Users Association at primary level;
     • (ii) Distributary Committee at Secondary level; and
     • (iii) Project Committee at project level.";
   • (b) to item (2), the following shall be added, namely:- "Such system may have two tiered farmers organisation, namely:-
     • (i) , Water Users Association at primary level; and
     • (ii) Project Committee at Project level." ;
   • (c) to item (3), the following shall be added, namely:- "Such system may have single tiered farmers organisation, namely:- Water Users Association." ;
6. (4) after clause
   • (u) the following clause shall be inserted; namely:- "(uu) 'Superintending Engineer' means the Superintending Engineer of Irrigation and Command Area Development Department incharge of concerned Farmers Organisations."; 3. Amendment of Section 3 Amendment 3. In Section 3 of the 2rincipa3. Act, of Sectibn 3. f OK sub-section ( 2 1 , the f ollobring shall be substituted, namely: - "(2) Every Water Users Area shall be 'divided into ~erritorial Constituencies 1 which shall be six in Minor ~rrigation : systems and twelve in Major and Medium Irrigation Systems.". 4. Substitution of Section 4 Substitution 4. FO~ Section 4 of theprincipal~ct, of Section4. the folloiing shall be . substitutcd, namely : - kecfion of president, Vice- president and Hembers of rbe. -ging kmmittee of Water Users
7. (1) There. shall be a Macaglng Committee for each Water Users Associa- tion comprising members of the Territf~rial Constituencies as specified in sub-sec- tion
8. (2) of Section 3 elected directly . -- by the Water Users as specified in clause
   • (i) of sub-section
9. (4) a£ section 3 of the Act from their respective Terri- torial Constituencies. , ,
10. (2) The Managing-Committee for Water Users Association shall be a continuous body, with one third of i-ts members ' thereof retiring every two years as spe-,, cified in sub-section (3).
11. (3) The term of office ofthemembers of the Territorial Constituencies shall, if not recalled or removed or disqualified under the provisions of the 'Act, shall be six years from the date of first rr-cet j ng of the Managing Co~nmittee appcinted by the Comrnissio~;er: Provided that at the first elecr-ion, all the Territorial Constitlrfncy members shall be elected at one time, out of which one third of the members thereof shall retire as soor. as may be an the completion of two years, another. one third members shall retire after comple- tion of four years and the remaining one third shall retire after completion of six years in office and their terms of retirement shall be decided by drawal of lots. (4 1 The term of office of all the ,,. . -rr-i:orLs? Constituency members electcd subsequent .to the first electior. srdainst the vacancies of retirement, as specified in sub-section [3) shall be of six years, if not recalled or removed or disqualified under the provisions of the Act.
12. (5) The District Collector shall c ~:i:se arrangements £3r the election of a r:anaSing committee consisting of one member from each of the Territorial constituencies of a Water Users area.by a s implif ied elect ion procedure in the manner prescribed: Provided that for the reasons to be recorded in writing the Government may, from time to time, postponethe~lections.
13. (6) The District Collector shall also cause arrangements for ,the election of a President and a ~ic*e-President of the , managing committee from among the - members of the managing:cornrnittee of the water users association in the rnannsr prescrTbed: Provided that for the ,reasons to be recorded in writing, the Government may, f rorn time to time, postpofie the elections.
14. (7) IE at an election held under sub- sections I5 1 and ( 6). the President or the vice-president or the members of tile Territcrial Constituencies of water users association are not elected, fresh elections shall be held in the manner prescribed.
15. (8) The ~re~idsnt and the Vice- president of the managing committee cf water users association shall, if not recalled ox removed or. dj s-alified by the provisions of the Act, be in officc for a pericd of two years from the date of election or his tenure as member of Territoria~ Constituency, whicheyer is earlier.
16. (9) The term of office of the Presidentr the Vice-president and the members of managing committee of all the water users associations formed, subsequent to ordinary elelction, shall also erpire at the time at which it wculd have expired, if he ha? been elected at the ordinary election, be reckoned from the date as appointed by the ccnmissioner, as specified in sub- section (3)- l(ZO) The managing committee shall exercise the powers and perform the functZans of the water users association. ". 5. Amendment of Section 5 In seeion 5 of the principal Act, in sab-section
17. (1) , For the words "caprising of one or more water users associationsm, the words "comprising of or Ere va-ter users associations," shall be smstituted. - - 6. Amendment of Section 6 In -section 14 of the principal Act, after sub-section (4 1. the foli&g new sob-section shall bs Pnserked. namely : - "(4-A) A member of the [faker Gsera Association shall ce2so to & a 1:s" or a chairman or a PsesZdat .oz a- Menbcr of a Managing Coumitkee shall -becone disqualified to corkinner in office, if he ceases to kalandholder." 7. Amendment of Section 7 In sectio7, T of the principal;,:, for sub-section (31, the following E~E- _ be substituted, namely : -- "(3) Ir, Major Irrigati~~ Syste~s, all the presidents of the Distribc:3ry Coy-kittees in the Project Area, so 1922 as they hold such Office, shall consel- tute the general body of the Projec: Ccmrnittee: Prov',!.ed that such Project Committee shall have a minimum strength of five members. (4 ) In the Medium Irzigation Systerns, all the Presidents of the Water Users A~sOciati~n in the project area, so long as they hold such office, shill constitute the general body of :he project committee: Provided that such project committee shall have a minimum strength of five members.. ". 8. Amendment of Section 8 In Section 8 of the principal Act,--
18. (1) for scb-section Ill, the folLow~ng shall besubstituted, namely:-- 11) "There shall be a managing cornittee for every Project Committee consisting of all the members of the general body .I1;
19. (2) for sub-section (Z), the follow- ing shall be substituted, namely:-- "
20. (2) The Di:,krict Collector shall cause arrangements for the election of the Chairman and the vice-chairman from, among the members of the Managing Committee of ;:he Project Cormittee, in the manner prescribed: pro~-ided that for the reasons to be recorded in writing, the Gover~rnen L, may sostpone the election from time to time. " ; i31 in sub-section (31, for the words "Chariman and the members of th~ ~anzging Committee", the uords "Chairman and Vice-Charirnan" shall be substituted; (41 for suh-section (41, the following shall be substituted, namely :-- I' (4.1 The term of the cffice of the Chairman, Vice-Chairman and the membe-rs of the Managing committee of Project Committee . shall if not recalled or removed or disqualified under the provisions of the Act earlier, be coterrninus with the term of general body specified in sub-section
21. (3) and sub-section (41 of section 7."; (51 in the marginal heading, after he word "Chariman" , the -- words "Vice-

Amendment of Section 10 In Section 10 of the principal Act, --

1. (1) in sub-secrion (l), for t-he uords "a Chairman or President" , the words "a Chairman or Vice-chairman or president or Vice-President" shall be substituted, and for the words "as may b prescribed", the words "a5 may be prescribed to the competent authority ( ~ngineerir!g ) of the respective Farmers Organisation," shall be substitutedj
2. (2) in sub-section IZ), for the words "the District Collector Or the Government as the :aze Fay be" the imrds "the competent authority I Engineer- izg )" shall be substituted.

Tn Sez2i0n 11 of he principal Act, for the uorZs "may", the word "shall" shall be substituted.

In section 13 of the principal Act, for the words "the Government", the words, "the Government or the District Collector" shall be substituted :

In section 14 of the principal Act,--

1. (1) for the words "a Chairman or President" wherever they occur, the words "a Chairman or Vice-chairman or President or Vice-President" shall be substituted.
2. (2) after sub-section (1), the following shall be inserted, namely:-- "(1 A) No member of Legislative Assembly or Member of Parliament or office bearer of any body constituted under a law made by the Legislative Assembly of the State or of Parliament shall be qualified for being chosen as or for being a Chairman or Vice-Chairman or President or Vice-President or member of the Managing Committee. ";
3. (3) in sub-section (4), --
   • (a) in item (b), in the proviso, the words "and he shall cease to hold the office forthwith" shall be omitted.
   • (b) after clause (b), the following shall be added, namely:-- "(c) A person shall be disqualified for being chosen as or for being a Chairman or Vice-Chairman or President or Vice-President or Member of Managing Committee, if he is disqualified by or under any law for the time being in force for the purpose of elections to the Legislative Assembly of the State: Provided that no person shall be disqualified on the ground that he is less than twenty five years of age, if he has attained the age of eighteen years.
   • (d) A person shall be disqualified for a period of six years from the date of removal for being chosen as a Chairman or Vice-chairman or President or Vice-president or Member of the Managing Committee, if he is removed from any post in the farmers organization, by the Government or Commissioner or any designated officer as prescribed.";
4. (4) in sub-section (4 A), the words "shall become disqualified to continue in office" shall be omitted:
5. (5) after sub-section (5), the following shall be added, namely:-- "(6) Any member who is disqualified under this section shall also be disqualified to hold any office in all the tiers of farmers organization,".

For section 15, oE the principal kt, the fcllowing shall be substituted, nexel y : - - "PiUlag ;;P&f- 1 15. (1 ) A vacancy arising in a farmers organization either due to disqualifica- ciea. tion under section 14 or death or resignation or by any reason .shall be filled in themannerpreseribed.

1. (2) . The term of office af a Member or Presidentr or Vice-President or Chaizrnan or Vice-Chairman of the farmers organization, so filled up under sub- section (11, shall expire at the time at which it would have expired, if he had been elected at the ordinary election.
2. (3) The Commissioner rnayiasuenotifi- cation for filling up . the casual vacancies in all the farmers organi- zations every six months, in the manner prescribed: Provided that no ca,sual vacancy ari- sing within the last ski ~onths pari@ of the tenure 05 the past ill farmers organizations. shall hc fillcd in ,by-+ electionsc ".

, In Se~t!.~n . 16 ~f the ;principal 'Act~ after the words "u tilisation of water", the words to encourage modernization of agriculturen shaL1- be inserted.

Amendment of 15. In Section 17 cf tne ':principal Section 17. AC~, -- a after clause (r), the word "and" shall be omitted;

1. (b) ~aiter clause Is), the follorsing shall be added, namely:-- "(t) to encourage m0dernizai;ion of agriculture in its'area-of operation; and
2. (u) to maintain the feeder channels of minor irrigation tanks by the respec- tive water users association in the manner prescribed, ".

In section ' 18 of the bendmeat of Act: -- Section 18. -

1. (a) after clause (a), the word "and" shall be omitted.
2. (b) after: clause {p) , thc fallowing shall be added, namely:-- "(q) to encourage modernization of agriculture in its area of operation. ".

In section 19 of the principal Act,--

1. (a) after clause (k), the word "and" shall be omitted;
2. (b) after clause (l), the following shall be added, namely : - "(m) to encourage modernization of agriculture in its area of operation.".

For section 21 of the principal Act, the following shall be substituted, namely : -- "21.

1. (1) The Government may, by notification, appoint an officer from the Irrigation & Command Area Development or any other Department or Corporation including Irrigation Development Corporation, as they consider necessary, to be the competent authority (Engineering) with specific functions as prescribed to every farmers organization for the purpose of this Act.
2. (2) The Government may also, by notification appoint an officer from the agriculture department, to be the competent authority (Agriculture) with the specific functions as prescribed, to every farmers organization for the purpose of this Act.
3. (3) For strengthening of the farmers organizations the Government may also, by notification appoint an officer or officers from any department or departments, to be the additional competent authority or authorities for discharging specific functions, as may be prescribed.".

For section 26 of the principal Act, the following shall be substituted, namely:--

20. Substitution of Section 27 For section 27 of the principal Act, the following shall be substituted, namely:--

21. Amendment of Section 28 In section 28 of the principal Act,--

1. (1) for sub-section (2), the following shall be substituted, namely:--
2. (2) The books of accounts and other records shall be open for information to the members of the Farmers organisation and also for inspection to any officer or officers authorised by the Government or the Commissioner, as may be prescribed.;
3. (2) after sub-section
4. (2) so amended the following shall be added, namely:--
5. (3) to encourage effective functioning of the farmers Organisations, the Government may prescribe incentives and disincentives for farmers Organisations, based on their performance. 22. Substitution of Section 32 For section 32 of the principal Act, the following shall be substituted, namely : --

23. Amendment of Section 34 In section 34 of the principal Act, after the words "Officer or Officers", the words "or the outgoing President or Chairman of the farmers organization whose performance is adjudged as good, as prescribed" shall be inserted.

24. Amendment of Section 39 In Section 39 of the Principal Act, for the words "managing committee", the words "financial sub-committee" shall be substituted.

25. Substitution of Section For section 41-A of the principal Act, the following shall be substituted, namely : -- 41-A .(l) Notwithstanding any- thing contained in this Act, it shall be competent for the Government or as the case may be, the Commissioner or designated officers not below the rank of a Super- intending Engineer, either on its own accord or on application made, issue such directions, as they may consider necessary, to any farmers organisation for the proper working of the said orga- nisation and such farmers organisation shall implement those directions for effective functioning of the said orga- nization.

1. (2) If in the opinion of the Govern- ment or, as the case may be, the Commis- sioner or the officers , as designated in sub-section (1), the President or Vice- President or Chairman or Vice-chairman or the members of the managing committee of a farmers organisation,-
   • (i) Wilfully omitted or refused to carry out the directions of the Govern- ment or the Commissioner or the officers as designated in sub-section
2. (1) for the proper working of the organization; or
   • (ii) abused his position or the power vested in him; or
   • (iii) is guilty of misconduct in the discharge of his duties; or
   • (iv) persistently defaulted in the performance of his functions and duties entrusted to him under the Act to the detriment of the functioning of the concerned organization or has become incapable of such performance; or
   • (v) violated any of the provisions of the Act or the rules made there under: or
   • (a) defaulted in carrying out the financial audit in the manner prescribed; or
   • (b) defaulted in conducting general body meetings in the manner prescribed; or
   • (c) defaulted in formation of sub- committees in the manner prescribed; or
     • (vi) incurred any of the disquali- fications under the provisions of the Act, the Government or, as the case may be, the commissioner or the officers designated in sub-section
3. (1) may proceed either suo-moto or on a represen- tation or application, and may remove such President or Vice-president or Chairman or Vice-Chairman or the Member or members of the Managing Committee, after giving reasonable opportunity of making a representation against such action.
4. (3) Any amount fallen due to be recovered, consequent to any financial irregularity committed by the Chairman or Vice-Chairman or President or Vice- President or Member or Members of the Managing Committee during their tenure, shall be recovered as per the Andhra Pradesh Revenue Recovery Act, 1864 or any Act for the time being in force and be credited to the respective farmers organization or Government, as the case may be.
5. (4) All appeals on the orders issued under sub-section
6. (2) shall lay before an appellate authority not below the rank of District Collector as may be prescribed within a period of thirty days from the date of serving the said orders to the concerned person or persons and the decision of the appellate authority thereon shall be final." 26. Amendment of Section 42 In section 42 of the principal Act,--
   • (a) sub-section
7. (1) of Section 42 shall be renumbered as section 42;
   • (b) sub-section
8. (2) shall be omitted. 27. Cessation of the existing committees
9. (1) Notwithstanding anything contained in in the principal Act, in any rule, order, decree or any judgment of any Court, Tribunal or other authority, the Chairman or President or Member of the Managing Committee of Water Users Association and the Chairman or President or Member of the Managing Committee of the Distributory Committee as the case may be constituted and functioning before the commencement of the Andhra Pradesh Farmers Management of Irrigation Systems (Amendment) Act, 2003 shall cease to hold such office of Chairman or President or Member of the said committees forthwith.
10. (2) Upon such cessation of such Managing committee of WaterUsersAssoci- ations and the Distributary Committees, it shall be competent for the Government, by notification, appoint an officer or officers to exercise the powers and perform the functions of the farmers organisation and the Managing Committees thereof till such time the farmers organisation is reconstituted in accordance with the provisions of the Principal Act as amended by this Act.
11. (3) As soon as the Andhra Pradesh Farmers Management of Irrigation Systems (Amendment) Act, 2003 comes into force, the District Collector shall cause arrangements for the election of Managing Committees of such farmers organizations in accordance with the provisions of the principal Act as amended by this Act.
12. (4) No suit or any other procee- dings shall be maintained or continued in any Court, Tribunal or other authority against the Government or any person or other authority whatsoever for extending their term of office and all such pending proceedings shall abate forth- with.
13. (5) No Court shall enforce any decree or order directing to continue the persons as Chairman or Vice-President or Members of the Managing Committee of Water Users Association or the Distributory Committee as the case may be. 28. Repeal of Ordinance 10 of 2002 The Andhra Pradesh Farmers Manage- ment of irrigation Systems (Second Amend- ment) Ordinance 2002 is hereby repealed.