The Tamil Nadu Farmers' Management of Irrigation Systems Act, 2000
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38. Records
- (1) Every farmers organisation shall keep at its office the following accounts, records and documents, namely:-
- (a) an up-to-date copy of this Act;
- (b) a map of the area of operation of the farmers organisation along with the map of the structures and distributory networks prepared in consultation with the Water Resources organisation;
- (c) minute book;
- (d) books of account showing receipts and payments;
- (e) books of account of all purchases and sales of goods made by the farmers organisation;
- (f) register of measurement books, level field books, work orders and the like;
- (g) copies of audit reports and enquiry reports;
- (h) such other accounts, records and documents as may be prescribed, from time to time.
- (2) The books of accounts and other records shall be open for information to the members of the respective farmers organisation.
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39. Recovery of moneys due to farmers organisation as arrears of land revenue
Without prejudice to any other mode of recovery which is being taken or may be taken under this Act or any other law for the time being in force, any moneys due to a farmers organisation may be recovered as if it were an arrears of land revenue and for the purposes of such recovery, the competent authority shall have the powers of a Collector under the Tamil Nadu Revenue Recovery Act, 1864.
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40. Meetings
The meeting of the farmers organisation and the managing committee thereof, its procedure, intervals, presidency and quorum thereof shall be such as may be prescribed.
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41. Appointment of Commissioner
- (1) The Government may, by notification, appoint a Commissioner to exercise general control and superintendence over the competent authorities and the Collectors in performance of their functions under this Act or the rules made thereunder.
- (2) The powers to be exercised and the functions to be performed by the Commissioner shall be such as may be prescribed.
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42. Merger of already formed and registered Farmers Associations and transitional arrangements
- (1) Any farmers association already formed and registered under the Tamil Nadu Societies Registration Act, 1975 for the purpose of carrying out the functions of participatory Irrigation Management prior to the coming into force of this Act and functioning in any area declared to be a Water Users Association Area under section 3 shall, as soon as the Managing Committee of the Water Users Association is constituted in accordance with section 5 in such area, cease to exist: Provided that where any such farmers association which has entered into a Memorandum of Understanding with any authority of the Water Resources Organisation before coming into force of this Act shall continue to exercise the powers and functions of a Water Users Association in the respective area from the date of coming into force of this Act and till the constitution of the managing committee of the Water Users Association in accordance with this Act.
- (2) The Government may, by notification, appoint officers from the Water Resources Organisation to exercise the powers and perform the functions of a farmers organisation and the managing committee thereof, till such time such farmers organisation is duly constituted or reconstituted and such managing committee assumes office under the provisions of this Act.
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43. Authentication of orders and documents of the farmers organisation
All permissions, orders, decisions, notices and other documents of the farmers organisation shall be authenticated by the signature of the Chairman or President of such farmers organisation or any other member of the managing committee as may be specifically authorised by such managing committee in writing in this behalf.
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44. Protection of action taken in good faith
No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.
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45. Power to remove difficulties
If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Tamil Nadu Government Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to them to be necessary or expedient for removing the difficulty:
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46. Power of Government to give directions
- (1) The Government may, in the public interest, by order, direct the competent authority to make an enquiry or to take appropriate proceedings under this Act in any case specified in the order, and the competent authority shall report to the Government the result of the enquiry made or the proceedings taken by him within such period as may be prescribed.
- (2) The Government may issue such orders and directions of a general character as they may consider necessary in respect of any matter relating to the powers and duties of the competent authority or the farmers organisation and thereupon the competent authority or the farmers organisation shall give effect to such orders and directions.
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47. Revision by Commissioner
The Commissioner may, either on his own motion or on application made, call for and examine the records of any 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 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 Commissioner that such decision, order or proceedings should be modified, annulled, reversed or remitted for reconsideration, he may pass orders accordingly:
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48. Provided that the Commissioner shall not pass any order prejudicial to any person unless he has been given an opportunity of making a representation.
Operation of other laws not affected The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force.
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49. Savings
Nothing contained in this Act shall affect the rights or properties vested in a Village Panchayat, Panchayat Union, Town Panchayat, Municipality or Municipal Corporation under any law for the time being in force.
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50. Power to make rules
- (1) The Government may make rules to carry out all or any of the purposes of this Act.
- (2) Every rule or order made under this Act shall, as soon as possible, after it is made, be placed on the Table of the Legislative Assembly and if, before the expiry of the session in which it is so placed or the next session, the Assembly makes any modification in any such rule or order, or the Assembly decides that the rule or order should not be made, the rule or order shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or order.
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