Chapter II FARMERS' ORGANISATIONS

1. (1) The Collector may, in such manner as may be prescribed, delineate command area under each irrigation system on a hydraulic basis, which may be administratively viable, and declare it to be a Water Users Association area for the purposes of this Act: Provided that in respect of the command area under the minor irrigation systems, the entire command area may, as far as possible, form a single Water Users Association area.
2. (2) Every Water Users Associations area shall be divided into territorial constituencies, which shall not be less than four, but shall not be more than ten, as may be prescribed.

1. (1) There shall be a Water Users Association called by its local distinct name for every Water Users Association area delineated under section 3.
2. (2) Every Water Users Association shall consist of all the water users in such Water Users Association area, as members: Provided that any person, who is in lawful possession and enjoyment of any land, may, on proof of such possession and such enjoyment in a crop year, claim membership, notwithstanding whether he is a recorded land holder or not, in which case the Water Users Association shall not refuse the membership of such person for the purposes of this Act, and such person shall be liable to pay the fees, as if he is the water user: Provided further that any person who is eligible to become a member for more than one territorial constituency of a Water Users Association shall be entitled to be a member of only one territorial constituency, at his option.
3. (3) The members specified in sub-section
4. (2) shall constitute the general body for the respective Water Users Association and such members alone shall have the right to vote.

1. (1) There shall be a managing committee for every Water Users Association.
2. (2) The Collector shall make arrangements for the election of the President of the Managing Committee of the Water Users Association by direct election from among its members, by the method of secret ballot, in such manner as may be prescribed.
3. (3) The Collector shall also make arrangements for the election of the members of the managing committee, consisting of one member from each of the territorial constituency of the Water Users Association area, by the method of secret ballot, in such manner as may be prescribed.
4. (4) If at an election held under sub-section
5. (2) or (3), the President or the member in any territorial constituency is not elected, fresh election shall be held in the same manner as specified in sub-section
6. (2) or (3), as the case may be: Provided that the Government may, for the reasons to be recorded in writing, from time to time, postpone the election.
7. (5) The President and the members of the managing committee shall, if not recalled under section 13, be in office for a period of five years, from the date of the first meeting of the managing committee.
8. (6) The managing committee shall exercise the powers and perform the functions of the Water Users Association.

The Government may, in such manner as may be prescribed, delineate command area of each major and medium irrigation system, comprising of two or more Water Users Associations, and declare it to be a Distributory Committee area for the purposes of this Act.

1. (1) There shall be a Distributory Committee called by its local distinct name for every Distributory Committee area declared as such under section 6.
2. (2) The President of every Water Users Association in a Distributory Committee area, shall be the member of such Distributory Committee ex-officio, and all such members shall constitute the general body of such Distributory Committee.

1. (1) There shall be a managing committee for every Distributary Committee.
2. (2) The Collector shall make arrangements for the election of the President of the managing committee of the Distributory Committee by direct election from among its members, by the method of secret ballot, in such manner as may be prescribed.
3. (3) The Collector shall also make arrangements for the election of the members of the managing committee of the Distributory Committee from among the members of such Distributary Committee, who shall not be more than five, in such manner as may be prescribed: Provided that the Government may, for the reasons to be recorded in writing, from time to time, postpone the election.
4. (4) If, at an election held under sub-section
5. (2) or (3), the President or the members of the managing committee are not elected, fresh election shall be held in the same manner as specified in sub-section
6. (2) or (3), as the case may be.
7. (5) The term of office of the President and the members of the managing committee shall, if not recalled under section 13, be coterminous with the term of members of the general body specified in sub-section
8. (2) of section 7.
9. (6) The managing committee shall exercise the powers and perform the functions of the Distributory Committee.

The Government may, in such manner as may be prescribed, delineate every command area or part thereof, of a Major Irrigation System, and declare it to be a Project area for the purposes of this Act.

1. (1) There shall be a Project Committee called by its distinct name for every Project area declared under section 9.
2. (2) The President of every Distributary Committee in the Project area shall be the member of such Project Committee, ex-officio, and all such members shall constitute the general body for such Project Committee.

1. (1) There shall be a managing committee for every Project Committee.
2. (2) The Collector shall make arrangements for the election of the Chairman of the managing committee of the Project Committee by direct election from among its members, by the method of secret ballot, in such manner as may be prescribed.
3. (3) The Collector shall also make arrangements for the election of the members of the managing committee of the Project Committee from among the members of such Project Committee, who shall not be more than nine, in such manner as may be prescribed: Provided that the Government may, for the reasons to be recorded in writing, from time to time, postpone the election.
4. (4) If, at an election held under sub-section
5. (2) or (3), the President or the members of the managing committee are not elected, fresh election shall be held in the same manner as specified in sub-section
6. (2) or (3), as the case may be.
7. (5) The term of office of the Chairman and the members of the managing committee shall, if not recalled under section 13, be coterminous with the term of members of the general body specified in sub-section
8. (2) of section 10.
9. (6) The managing committee shall exercise the powers and perform the functions of the Project Committee.

1. (1) The Government may, by notification, constitute an Apex Committee with a Chairman and such number of members as may be prescribed.
2. (2) The Apex Committee constituted under sub-section
3. (1) may exercise such powers and functions as may be prescribed so as to lay down the policies and guidelines for implementation of the provisions of this Act.

1. (1) A motion for recall of a Chairman or a President or Member, as the case may be, of the managing committee of any farmers organisation may be made by giving a notice in writing in such form as may be prescribed, signed by not less than one-third of the total number of members of such farmers organisation, who are entitled to vote: Provided that no notice of motion under this section shall be made within one year of the date of assumption of office by any person against whom the motion is sought to be removed.
2. (2) If the motion is carried with the support of majority of the members present and voting at a meeting of the general body specially convened for the purpose, the Collector or the Government, as the case may be, shall, by order, remove such person from office and the resulting vacancy shall be filled in the same manner as a casual vacancy.

The managing committee may constitute such number of sub-committees, from amongst the members of the farmers organisation concerned, as may be necessary to carry out all or any of the functions vested in it under this Act.

Every farmers organisation referred to in clause

1. (i) of section 2 shall be a body corporate with a distinct name having perpetual succession and a common seal and, subject to the provisions of this Act, vested with the capacity of entering into contracts and of doing all things necessary, proper or expedient, for the purpose for which it is constituted and it shall sue or be sued in its corporate name represented by the Chairman or President, as the case may be:

Changes in organisation The Government may, in the interest of farmers organisation in any command area, by notification and in accordance with the rules made in this behalf-

1. (a) form a new farmers organisation, by separating the area from any existing farmers organisation; or
2. (b) increase the area of any farmers organisation; or
3. (c) diminish the area of any farmers organisation; or
4. (d) alter the boundaries of any farmers organisation; or
5. (e) cancel a notification issued under this section for rectifying any mistake: Provided that no such separation, increase, diminution, alteration or cancellation, as the case may be, shall be effected unless a reasonable opportunity is given to the farmers organisation likely to be affected.

1. (1) A person shall be disqualified for being chosen as or for being a Chairman or President or a Member of any managing committee, if-
   • (a) he is a village servant or officer or servant of the Government of India or of any State Government or of any local authority or an employee of any institution receiving aid from the funds of the Government;
   • (b) he has been convicted by a criminal court for any offence involving moral turpitude committed under any law for the time being in force;
   • (c) he is of unsound mind and stands so declared by a competent court;
   • (d) he is an applicant to be adjudicated as an insolvent or an undischarged insolvent; or
   • (e) he is a defaulter of land revenue or water charges or fees payable either to the Government or to the farmers organisation;
   • (f) he is interested in a subsisting contract made with, or any work being done for the area of the concerned farmers organisation, for the Village Panchayat or Panchayat Union or Town Panchayat or Municipality or Municipal Corporation or State or Central Government or farmers organisation: Provided that a person shall not be deemed to have any interest in such contract or work by reason only of his having share or interest in-
     • (i) a company as a mere share holder, but not as a director; or
     • (ii) any, lease, sale or purchase of immovable property or any agreement for the same; or
     • (iii) any agreement for the loan of money or any security for the payment of money only; or
     • (iv) any newspaper in which any advertisement relating to the affairs of the farmers organisation is inserted. Explanation.- For the removal of doubts, it is hereby declared that where a contract is fully performed it shall not be deemed to be subsisting merely on the ground that the, Village Panchayat, Panchayat Union, Town Panchayat, Municipality, Municipal Corporation, Farmers Organization, State or Central Government, as the case may be, has not performed its part of the contractual obligations.
2. (2) A Chairman or President or Member of any managing committee of a farmers organisation shall also become disqualified to continue in office and shall cease to hold office forthwith, if he-
   • (a) is convicted in a criminal case involving moral turpitude; or
   • (b) absents for three consecutive meetings without reasonable cause: Provided that such disqualification under item
   • (b) shall not apply in the case of women who are in an advanced stage of pregnancy and for a period of three months after delivery.
3. (3) A member of the Water User Association shall cease to be a member or a Chairman or a President, as the case may be, of a managing committee and shall become disqualified to continue in office, if he ceases to be a water user.

1. (1) A member of a managing committee of any farmers organisation may resign his office by a letter, sent by registered post or tendered in person, to the Chairman or President of the managing committee concerned.
2. (2) The President of the managing committee of a Water Users Association may resign his office by a letter, sent by registered post or tendered in person, to the President of the Distributory Committee concerned.
3. (3) The President of the managing committee of a Distributory Committee may resign his office by a letter, sent by registered post or tendered in person, to the Chairman of the Project Committee concerned.
4. (4) The Chairman of the managing committee of a Project Committee may resign his office by a letter, sent by registered post or tendered in person, to the Chairman of the Apex Committee.
5. (5) Any resignation under this section shall take effect from the date of acceptance or on the expiry of thirty days from the date of its receipt, whichever is earlier.

1. (1) A vacancy arising in any managing committee, either due to disqualification under sub-section
2. (2) or
3. (3) of section 17 or due to death or resignation or any other reason, such vacancy shall be filled up, by nomination, till the vacancy is filled up by election under sub- section (2), in the following manner:-
   • (a) A vacancy in the Water Users Association shall be filled by the managing committee of the Distributory Committee, in such manner as may be prescribed;
   • (b) A vacancy in the Distributory Committee shall be filled by the managing committee of the Project Committee, in such manner as may be prescribed; and
   • (c) a vacancy in the Project Committee shall be filled by the Apex Committee, in such manner as may be prescribed.
4. (2) The Collector shall take necessary steps to conduct elections to fill up any vacancy within a period of one month from the date of occurrence of such vacancy.
5. (3) The term of office of a member or a President or a Chairman of the farmers organisation, elected under sub-section (2), shall expire at the time at which it would have expired, if he had been elected at the ordinary election.

No act or proceedings of any managing committee shall be invalid by reason only of the existence of any vacancy in, or defect in the constitution of, the said managing committee.

The meetings of the farmers organisation and the managing committee thereof shall be at such intervals, by such procedure, and with such quorum, as may be prescribed.