Chapter I PRELIMINARY

(1) This Act may be called the Andhra Pradesh Irrigation Utilisation and Command Area Development Act, 1984. (2) It extends to the whole of the State of Andhra Pradesh. (3) All the provisions of this Act shall be deemed to have come into force on the 14th January, 1984 in respect of the following command areas namely:- (1) the Nagarjunasagar Project Left Canal; (2) the Nagarjunasagar Project Right Canal; (3) the Sriramsagar Project; (4) the Tungabhadra Project; and they shall come into force in respect of other areas on such date as the Government may, by notification appoint; and they may appoint different dates for different areas and for different provisions of this Act.

In this Act, unless the context otherwise requires:- (1) “command area” means an area irrigated or capable of being irrigated either by gravitational flow or by lift irrigation or by any other method, under an irrigation system, project or source and includes every such area whether it is called “ayacut” or by any other local name in any law in force in the State; (2) “command area development authority” means an authority constituted under section 3; (3) “Command Area Development Work” means any work undertaken under this Act; (4) “Commissioner” means the Commissioner of command area development for the State appointed under section 4 and includes such other person in whom all or any of the powers of the Commissioner under this Act are conferred by the Government in respect of one or more command areas; (5) “comprehensive command area development” includes- (a) systematic land development for conservation of land and water; (b) Water use management for optimum use of water, including irrigation by turns, volumetric measurement of water and other enabling measures to avoid waste, water logging, salinity, alkalinity and the like; (c) conjunctive use of surface and ground water for multiple cropping and proper utilization of available water resources; (d) modernisation and remodeling of existing irrigation systems for optimum use of water and land resources; and (e) regulation, maintenance and repairs of irrigation systems; (6) “credit officer” means an officer of the cooperative department appointed as such by the Government for the purpose of securing finance for the systematic land development, agricultural operation and other allied activities. (7) “distribution system” includes- (a) all main canals, branch canals, distributaries and minor canals constructed for the supply and distribution of water for irrigation; (b) all works, structures and appliances connected with the distribution of water for irrigation; (c) all field channels and farm channels and related structures under a pipe outlet; (8) “District Collector” means the Collector of a district in which the command area is situated and includes the Administrator of a Command Area Development Authority, if any, and any officer specially appointed by the Government for performing all or any of the functions of the District Collector under this Act; (9) “drainage system” includes— a) channels either natural or artificial, for the discharge of waste or surplus water and all works connected therewith or ancillary thereto; (b) escape channels from an irrigation or distribution system and other works connected therewith but does not include works for removal of sewage; (c) all collecting drains and main drains to drain off surplus water from field drains; (d) all field drains and related structures under pipe outlet; (10) “field channel” includes a channel constructed or to be constructed by the Government or by the land holder or by any other agency to receive and distribute water from a pipe outlet; (11) “field drain” includes a channel excavated and maintained by the land holder or by any other agency on his behalf to discharge waste or surplus water from the land holding under a pipe outlet; and includes drains, escape channels and other similar works constructed or to be constructed and maintained by the owners or occupiers or by the Government on their behalf and at the cost of the owners or occupiers; (12) “field road” means a road serving lands under a pipe outlet and built at the cost of land holders; (13) “financing agency” means any commercial bank or any co-operative society, including a co-operative agricultural development bank, the main object of which is to lend money, or any regional rural bank established under the Regional Rural Banks Act, 1976; and includes any other agency selected for providing credit facility for comprehensive command area development; (14) “Government” means the State Government of Andhra Pradesh; (15) “Irrigated dry land” or “Irrigated land” means land localised for light irrigation of crops, other than paddy, sugarcane and banana; (16) “Irrigation Officer” in relation to a command area means an officer of the Revenue Department, not below the rank of a Revenue Divisional Officer, having jurisdiction over such area or an Officer, of the Irrigation Department not below the rank of a Deputy Executive Engineer, exercising control over the irrigation system in the command area and includes any other officer appointed by the Government to perform the functions of an Irrigation Office under this Act; (17) “Irrigation system” includes— (a) the distribution system; (b) the drainage system; (18) “Irrigation system under a pipe outlet” includes the field channel and field drains, with all the related structures thereto; (19) “Land Development Officer” means an Officer of the Agriculture Department not below the rank of an Assistant Director of Agriculture or an officer of the Irrigation Department not below the rank of a Deputy Executive Engineer or any other officer, appointed as such by the Government, to have jurisdiction, and to exercise control over the whole or part of a command area for the purpose of systematic land development; (20) “Land holders” means a person in actual possession of the land, whether as an owner or as a tenant or sub-tenant or as a mortgage in possession or as a licensee, or otherwise and includes a person who is likely to be benefited by the command area development work, and the expression “land holding” shall be construed as land held by a land holder; (21) “notification” means a notification published in the Andhra Pradesh Gazette, and the expression “notified” shall be construed accordingly; (22) “pipe-outlet” means an opening or contrivance constructed by the Government in an irrigation system through which water is delivered for irrigation at the periphery of the localized area ordinarily not exceeding forty hectares; (23) “prescribed” means prescribed by rules made by the Government under this Act. (24) “systematic land development” includes all or any of the following works;- (a) construction of field channels with related structures; (b) construction of field drains with related structures; (c) land shaping, including grading, leveling building and the like; (d) realignment of field boundaries and rectangularisation of plots and consolidation of land holdings under a pipe outlet or under an adjacent pipe outlet, wherever necessary, for efficient farm management; (e) lining of field channels, wherever necessary with suitable material to prevent sewage of water; (f) construction of field road with related structures; (13) “financing agency” means any commercial bank or any co-operative society, including a co-operative agricultural development bank, the main object of which is to lend money, or any regional rural bank established under the Regional Rural Banks Act, 1976; and includes any other agency selected for providing credit facility for comprehensive command area development; (14) “Government” means the State Government of Andhra Pradesh; (15) “Irrigated dry land” or “Irrigated land” means land localised for light irrigation of crops, other than paddy, sugarcane and banana; (16) “Irrigation Officer” in relation to a command area means an officer of the Revenue Department, not below the rank of a Revenue Divisional Officer, having jurisdiction over such area or an Officer, of the Irrigation Department not below the rank of a Deputy Executive Engineer, exercising control over the irrigation system in the command area and includes any other officer appointed by the Government to perform the functions of an Irrigation Office under this Act; (17) “Irrigation system” includes— (a) the distribution system; (b) the drainage system; (18) “Irrigation system under a pipe outlet” includes the field channel and field drains, with all the related structures thereto; (19) “Land Development Officer” means an Officer of the Agriculture Department not below the rank of an Assistant Director of Agriculture or an officer of the Irrigation Department not below the rank of a Deputy Executive Engineer or any other officer, appointed as such by the Government, to have jurisdiction, and to exercise control over the whole or part of a command area for the purpose of systematic land development; (20) “Land holders” means a person in actual possession of the land, whether as an owner or as a tenant or sub-tenant or as a mortgage in possession or as a licensee, or otherwise and includes a person who is likely to be benefited by the command area development work, and the expression “land holding” shall be construed as land held by a land holder; (21) “notification” means a notification published in the Andhra Pradesh Gazette, and the expression “notified” shall be construed accordingly; (22) “pipe-outlet” means an opening or contrivance constructed by the Government in an irrigation system through which water is delivered for irrigation at the periphery of the localized area ordinarily not exceeding forty hectares; (23) “prescribed” means prescribed by rules made by the Government under this Act. (24) “systematic land development” includes all or any of the following works;- (a) construction of field channels with related structures; (b) construction of field drains with related structures; (c) land shaping, including grading, leveling building and the like; (d) realignment of field boundaries and rectangularisation of plots and consolidation of land holdings under a pipe outlet or under an adjacent pipe outlet, wherever necessary, for efficient farm management; (e) lining of field channels, wherever necessary with suitable material to prevent sewage of water; (f) construction of field road with related structures; (25) “warabandi” means the system of equitable distribution of water by turns according to a schedule prepared by the prescribed authority specifying the day, time and duration of supply of water to each land- holder in proportion to his land-holdings in the pipe-outlet command; (26) “wet land” means land localized for heavy irrigation of crops, like paddy sugarcane and banana.

(1) As soon as may be after the commencement of this Act, the Government may, by notification, constitute a Command Area Development Authority for the development of each command area or two or more command areas or any parts thereof, which shall consist of such members as may be specified therein; (2) The Command Area Development Authority shall be a body corporate by the name “Command area Development Authority” of (the name of the area to be specified), having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose the property, both movable and immovable, and to contract, and shall, by the said name, sue and be sued. (3) The Command Area Development Authority shall have the following functions, namely:- (a) to formulate and implement schemes for the comprehensive development of the command area or command areas; (b) to ensure integrated utilization of water flows; (c) to co-ordinate work relating to command area development; (d) to arrange systematic land development, including planning, construction and maintenance of field channels, field drains, farm roads and ayacut roads; (e) to ensure propagation, demonstration and implementation of improved water management techniques and the education and training of farmers in irrigated agriculture; (f) to enforce a proper system of rotational water supply as specified in Warabandi and fair distribution of water to individual fields; (g) to formulate conjunctive use of surface and ground water; (h) to prevent land erosion and water logging; (i) to select and introduce a suitable cropping pattern; (j) to strengthen agricultural extension activities; (k) to arrange agricultural credit facilities for systematic land development and agricultural production in the select command areas; (l) to improve the supply of other agricultural inputs; (m) to ensure creation and development of marketing, processing and warehousing facilities; (n) to diversify agriculture and to develop activities, like animal husbandry and protein production; (o) to lay out schemes for town-planning and development of growth centers; (p) to receive, borrow and lend moneys by or on behalf of it, which are necessary for the due discharge of its functions, and also to recover moneys due to it or on its behalf; (q) to determine the payment of amount as provided in sub-section(8) of section 13; and (r) to do such other acts, not inconsistent with the provisions of this Act, as may be prescribed. (4) The Command Area Development Authority shall exercise such powers and control as it deems necessary, over the officers and authorities functioning within its jurisdiction, including the power to give directions for the purpose of carrying out the provisions of this Act, and every such officer or authority shall comply with all such directions.

(1) There shall be appointed by the Government, by notification, a Commissioner of Command Area Development for the State of Andhra Pradesh to be in charge of Command Area Development in the whole of the State. The Government may, by notification, also appoint as many persons as they consider necessary to exercise the powers and perform the functions of the Commissioner under this Act in relation to such command areas as may be specified in the said notification. (2) The powers to be exercised and the functions to be performed by the Commissioner shall be such as may be prescribed. (3) The Commissioner shall exercise general control and superintendence over the Credit Officer, Irrigation Officer and Land Development Officer in the performance of their functions under this Act or the rules made there under.

(1) There shall be a pipe committee for each pipe outlet consisting of a president, who shall be the chief executive authority of the pipe committee, and such number of members as may be prescribed. The president and the members of each pipe committee shall be elected by the landholders under the pipe outlet from among themselves in such manner as may be prescribed. The term of office of the members including the president of the pipe committee shall be three years from the date of assumption of their respective offices. Provided that the members including the President of the Pipe Committee shall continue to hold Office up to the date of next reconstitution of the Pipe Committee in accordance with the provisions of this sub-section. (2) The procedure to be followed at the meetings of the pipe committee, the powers and duties of the president and the disqualifications and removal of the president and members thereof, shall be such as may be prescribed. (3) The pipe committee in which the power to administer and supervise the irrigation system under the pipe outlet concerned vests, shall be responsible to perform the following, among other functions. Namely:- (a) the construction, maintenance, repair and upkeep of the irrigation system under the pipe outlet at the cost and expenses of the land holders; (b) to carry out obligations on behalf of the land holders, if the land holders fail to do so, and recover costs thereof from them in such manner as may be prescribed; (c) to enforce warabandi and to regulate supply of water for irrigation to each land holding by turns or rotation according to the time schedule approved by the Irrigation Officer; (d) to regulate and control water supply for irrigation by volumetric measurement in the manner specified by the irrigation officer; (e) to prevent unauthorized and unlawful use of water for irrigation; (f) to supervise the irrigation system with a view to preventing waste of water and damage to the system; (g) to perform such other functions as may be prescribed.

If the pipe committee fails to carry out obligations on behalf of the land holders as required by or under this act, the Irrigation Officer may, after giving notice to the pipe committee, carryout the said obligations and recover the costs thereof from the land holders in the manner provided in section 5.

The Government may, in order to carry out the purposes of this Act, by notification constitute such board, committee or other body for one or more command areas or any parts thereof as may be specified therein; and invest the board, committee or body so constituted with such powers and functions as they may deem fit.