Repeal of the Ordinance 7 of 1998

The Andhra Pradesh Farmers Manage- ment of Irrigation Systems (Amendment) Ordinance, 1998 is hereby repealed.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