The Telangana Farmers’ Management of Irrigation Systems Act, 1997

THE TELANGANA FARMERS’ MANAGEMENT OF IRRIGATION SYSTEMS ACT, 1997. (ACT NO. 11 OF 1997)

(1) This Act may be called the Telangana Farmers’ Management of Irrigation Systems Act, 1997. (2) It extends to the whole of the State of Telangana. (3) It shall come into force on such date as the Government may, by notification in the Telangana Gazette, appoint and they may appoint different dates for different areas and for different provisions.

(1) In this Act, unless the context otherwise requires,- (a) “area of operation” in relation to farmers organisation means a contiguous block of land in the command area of an irrigation system as may be notified for the purposes of this Act; (b) “ayacut road” means a road within the area of operation of a farmers’ organisation for the purpose of irrigation and agriculture but does not include a road vested in a Gram Panchayat, Mandal Praja Parishad, Zilla Praja Parishad, Municipality, Municipal Corporation or Roads and Buildings Department of the Government; (bb) “Chief Engineer” means the Chief Engineer of Irrigation and Command Area Development Department, who is incharge of concerned Farmers Organisations; (bbb) “Commissioner” means an officer appointed by the Government as Commissioner under section 33; (c) “command area” means an area irrigated or capable of being irrigated either by gravitational flow or by lift irrigation or by any other method from a government or the corporation source and includes every such area whether it is called ‘ayacut’ or by any other name under any law for the time being in force; (d) “Competent authority (Agriculture)” means an officer of the Agriculture Department appointed as such under section 21; (dd) “Competent authority (Engineering)” means an officer of an Engineering Department appointed as such under section 21; (e) “corporation” means the Telangana Water Resources Development Corporation constituted under the Telangana Water Resources Development Corporation Act, 1997; (f) “distributory system” means and includes,- (i) all main canals, branch canals, distributories and minor canals constructed for the supply and distribution of water for irrigation; (ii) all works, structures and appliances connected with the distribution of water for irrigation; and (iii) all field channels and other related channels and structures under a pipe outlet; (g) “District Collector” means the Collector of the district in which the irrigation system is situate and includes any officer specially notified by the Government to perform all or any of the functions of the District Collector under this Act; (h) “drainage system” in relation to an irrigation system includes,- (i) channels either natural or artificial, for the discharge of waste or surplus water and all works connected therewith or ancillary thereto; (ii) escape channels from an irrigation or distribution system and other works connected therewith, but does not include works for removal of sewage; (iii) all collecting drains and main drains to drain off surplus water from field drains; and (iv) all field drains and related structures under pipe outlets; (i) “farmers’ organisation” wherever it occurs, shall mean and include,- (i) water users association at the primary level consisting of all the water users, as constituted under section 3; (ii) distributory committee at the secondary level, as constituted under section 5; and (iii) project committee at the project level, as constituted under section 7; (j) “field channel” includes a channel existing or to be constructed by the Government or by the land holders or by any agency to receive and distribute water from a pipe outlet; (k) “field drain” includes a channel excavated and maintained by the land holder or by any other agency, to discharge waste or surplus water from the land holding under a pipe outlet; and includes drains, escape channels and other similar works existing or to be constructed; (l) “financial year” means a year commencing from the 1st April of the relevant year to the 31st March of the ensuing year; (m) “financing agency” means any commercial bank, or any co-operative society or any other bank or organisation established or incorporated under any law, for the time being in force, which lends money for the development of the area of operation of the farmers’ organisation; (n) “Government” means the State Government of Telangana; (o) “hydraulic basis” means the basis for identifying a viable irrigated area served by one or more hydraulic structures such as headworks, distributories, minors, pipe outlets and the like; (p) “irrigation system” means such major, medium and minor irrigation system for harnessing water for irrigation and other allied uses from Government or Corporation source and includes reservoirs, open head channels, diversion systems, anicuts, lift irrigation schemes, tanks, wells and the like,- Explanation: (1) ‘Major Irrigation system’ means irrigation system under Major Irrigation Project having irrigable command area of more than 10,000 hectares. Such system may have three tiered farmers organisation, namely;- (i) Water Users Association at primary level; (ii) Distributory Committee at Secondary level; and (iii) Project Committee at Project level; (2) ‘Medium Irrigation system’ means irrigation system under Medium Irrigation Project having irrigable command area of more than 2000 hectares and upto 10,000 hectares. Such system may have two tiered farmers organisation, namely:- (i) Water Users Association at primary level; and (ii) Project Committee at Project level. (3) ‘Minor Irrigation system’ means irrigation system under minor irrigation project having irrigable command area upto 2,000 hectares. Such system may have single tiered farmers organisation, namely:- Water Users Association; (q) “land holder” means an owner and or a tenant recorded as such in the record of rights under the Telangana Record of Rights in Land Act, 1971 in respect of land in the notified ayacut area of an irrigation system; (r) “maintenance” means execution of such works on the irrigation system as are necessary to ensure that the physical system designed to the standards operates for proper distribution of water to the land holders in the area of operation; (s) “notification” means a notification published in the Telangana Gazette, and the expression ‘notified’ shall be construed accordingly; (t) “operational plan” means a schedule of irrigation deliveries with details of the mode and duration of supplies drawn up for regulation of irrigation in the command area of an irrigation system; (u) ‘prescribed’ means prescribed by the Government by rules made under this Act; (uu) “Superintending Engineer” means the Superintending Engineer of Irrigation and Command Area Development Department,

(1) The District Collector may by notification and in accordance with the rules made under this Act, in this behalf delineate every command area under each of the irrigation systems on a hydraulic basis which may be administratively viable; and declare it to be a water users’ area for the purpose of this Act: Provided that in respect of the command area under the minor and lift irrigation systems, the entire command area may, as far as possible form a single water users area. (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. (3) There shall be a water users’ association called by its local distinct name for every water users' area delineated under sub-section (1). (4) Every water users’ association shall consist of the following members, namely:- (i) all the water users who are land holders in a water users area: Provided that where both the owner and the tenant are land holders in respect of the same land, the tenant: Provided further that any person who is in lawful possession and enjoyment of the land under a water source, on proof of such possession and such enjoyment in a crop year, may 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 water charges and the fees as may be prescribed as if he is a land holder under a water source. (ii) all other water users co-opted in a water users’ area; (iii) members specified in clause (i) and (ii) shall constitute the general body for a water users association; (iv) a person eligible to become a member of more than one territorial constituency of a water users association under clause (i) shall be entitled to be a member of only one territorial constituency and he shall exercise his option thereof as prescribed; (v) members specified in clause (1) shall alone have the right to vote.

(1) There shall be a Managing Committee for each Water Users’ Association comprising members of the Territorial Constituencies as specified in sub-section (2) of section 3 elected directly by the Water Users as specified in clause (i) of sub-section (4) of section 3 of the Act from their respective Territorial Constituencies: Provided that two members nominated by the Gram Panchayat of whom one shall be a woman, shall be the members of the Managing Committees of Minor Irrigation Water Users’ Associations, without voting rights, in the manner prescribed. (2) The Managing Committee for water Users Association shall be a continuous body, with one third of its elected members thereof retiring every two years as specified in sub-section (3). (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 completion 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) 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 (3) shall be of six years, if not recalled or removed or disqualified under the provisions of the Act. (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. (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. (7) If at an election held under sub-sections (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. (8) The President and the Vice-President of the Managing Committee of the 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. (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). (10) The Managing Committee shall exercise the powers and perform the functions of the water users association.

(1) The Government may, by notification and in accordance with the rules made in this behalf, delineate every command area of the irrigation system, comprising of five or more water users’ associations, and declare it to be a distributory area for the purpose of this Act. (2) There shall be a distributory committee called by its local distinct name for every distributory area declared as such under sub-section (1). (3) All the Presidents of the water users associations in the distributory area, so long as they hold such office, shall constitute the general body of the committee.

(1) There shall be a managing committee for every Distributory Committee consisting of all the members of the General Body: Provided that all Presidents of the Mandal Praja Parishads within the distributory area nominated by the District Collector shall be the members of the Managing Committee of the Distributory Committee without voting rights, in the manner prescribed. (2) The District Collector shall cause arrangements for the election of the President and Vice-President from among the members of the Managing Committee of the Distributory Committee, in the manner prescribed: Provided that for the reasons to be recorded in writing, the Government may postpone the elections from time to time. (3) If, at an election held under sub-section (2), the President or the Vice-President are not elected, fresh elections shall be held in the prescribed manner. (4) The term of office of the President, the Vice-President and the members of the Managing Committee of the Distributory Committee shall, if not recalled or removed or disqualified under the provisions of the Act earlier, be coterminus with the term of the general body specified in sub-section (3) of section 5. (5) The Managing Committee shall exercise the powers and perform the functions of the distributory committee.

(1) The Government may by notification and in accordance with the rules made under this Act, in this behalf, delineate every command area or part thereof, of an irrigation system and declare it to be a project area for the purposes of this Act. (2) There shall be a project committee called by its distinct name for every project area declared under sub-section (1). (3) In Major Irrigation Systems, all the Presidents of the Distributory Committees in the Project Area, so long as they hold such office, shall constitute the general body of the Project Committee: Provided that such Project Committee shall have a minimum strength of five members. (4) In the Medium Irrigation Systems, all the Presidents of the Water Users’ Association in the project area, so long as they hold such office, shall constitute the general body of the Project Committee:

(1) There shall be a Managing Committee for every Project Committee consisting of all the members of the general body: Provided that all Members of the Legislative Assembly, Members of the Legislative Council, all the Members of the Parliament and Chairpersons of Zilla Praja Parishads within the Major Project area nominated by the Government shall be the members of the Managing Committee of the Major Project Committee without voting rights, in the manner prescribed: Provided further that all Members of the Legislative Assembly, Members of the Legislative Council, all Members of the Parliament and Presidents of Mandal Praja Parishads within the Medium Project area nominated by the District Collector shall be the members of the Managing Committee of the Medium Project Committee without voting rights, in the manner prescribed. (2) The District Collector shall cause arrangements, for the election of the Chairman and the Vice-Chairman from among the members of the Managing Committee of the Project Committee, in the manner prescribed: Provided that for the reasons to be recorded in writing, the Government, may postpone the election from time to time. (3) If, at an election held under sub-section (2) the Chairman and Vice-Chairman are not elected, fresh elections shall be held in the prescribed manner. (4) The term of the office of the Chairman, Vice-Chairman and the members of the Managing Committee of Project Committee shall if not recalled or removed or disqualified under the provisions of the Act earlier, be coterminus with the term of general body specified in sub-section (3) and sub-section (4) of section 7. (5) The Managing Committee shall exercise the powers and perform the functions of the project committee.

(1) The Government may, by notification, constitute an Apex Committee with such number of members as may be considered necessary. (2) The Committee, constituted under sub-section (1), may exercise such powers and functions as may be necessary to,- (a) lay down the policies for implementation of the provisions of this Act; and (b) give such directions to any farmers’ organisation, as may be considered necessary, in exercising their powers and performing their functions in accordance with the provisions of this Act.

Every farmers’ organisation 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 purposes for which it is constituted and it shall sue or be sued in its corporate name represented by the chairman or the president, as the case may be: Provided that no farmers’ organisation shall have the power to alienate in any manner, any property vested in it.

The Government or the District Collector may in the interest of a farmers’ organisation in the command area by notification and in accordance with the rules made in this behalf,- (a) form a new farmers’ organisation by separating the area from any farmers’ organisation; (b) increase the area of any farmers’ organisation; (c) diminish the area of any farmers’ organisation; (d) alter the boundaries of any farmers’ organisation; or (e) cancel a notification issued under this Act for rectifying any mistake: Provided that no such separation, increase, diminution, alteration and cancellation shall be effected unless a reasonable opportunity is given to the organisation likely to be effected.

(1) No village servant and no officer or servant of the Government of India or any State Government or of a local authority or an employee of any institution receiving aid from the funds of the Government shall be qualified for being chosen as or for being a Chairman or Vice-Chairman or President or Vice-President or a member of a Managing Committee. Explanation:- For the purpose of this section the expression „village servant” means in relation to,- (i) the Andhra Area, any person who holds any of the village offices of neeruganti, neeradi, vetti, kawalkar, toti, talayari, tandalagar, sathsindhi or any such village office by whatever designation it may be locally known; (ii) the Telangana Area, any person who holds any of the village offices of neeradi, kawalkar, sathsindhi or any such village, office by whatever designation it may be locally known. (1A) 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. (2) No person who has been convicted by a criminal court for any offence involving moral turpitude committed under any law for the time being in force shall be qualified for being chosen in or for being a Chairman or Vice-Chairman or President or Vice-President or a member of a Managing Committee. (3) A person shall be disqualified for being chosen as a Chairman or Vice-Chairman or President or Vice-President or a member of the Managing Committee if on the date fixed for scrutiny of nominations for election, or on the date of nomination he is,- (a) of unsound mind and stands so declared by at competent court; (b) an applicant to be adjudicated as an insolvent or an undischarged insolvent; or (c) a defaulter of land revenue or water tax or charges payable either to the Government or to the farmers’ organization; (d) interested in a subsisting contract made with, or any work being done for, the Gram Panchayat, Mandal Praja Parishad, Zilla Praja Parishad or any State or Central Government or the 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; (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 Gram Panchayat, Mandal Praja Parishad, Zilla Praja Parishad, the farmers’ organisation, the State or Central Government has not performed its part of the contractual obligations. (4) A Chairman or Vice-Chairman or President or Vice-President or a member of a Managing Committee shall also become disqualified to continue in office 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. (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-A) A member of the Water Users‟ Association shall cease to be a Member or a Chairman or Vice-Chairman or President or Vice-President or a Member of a Managing Committee if he ceases to be a land holder. (5) A person having more than two children shall be disqualified for election or for continuing as a Chairman or Vice-Chairman or President or Vice-President or a member of the Managing Committee: Provided that the birth within one year from the date of commencement of this Act, hereinafter in this section referred to as the date of such commencement, of an additional child shall not be taken into consideration for the purposes of this section: Provided further that a person having more than two Children (excluding the child if any born within one year from the date of such commencement) shall not be disqualified under this section for so long as the number of children he had on the date of such commencement does not increase. (6) Any member who is disqualified under this section shall also be disqualified to hold any office in all the tiers of farmers‟ organization.

(1) A vacancy arising in a farmers‟ organization either due to disqualification under section 14 or death or resignation or by any reason shall be filled in the manner prescribed. (2) The term of office of a member or President or Vice-President or Chairman or Vice-Chairman of the farmers‟ organization, so filled up under sub-section (1), shall expire at the time at which it would have expired, if he had been elected at the ordinary election. (3) The Commissioner may issue notification for filling up the casual vacancies in all the farmers‟ organizations every six months, in the manner prescribed: Provided that no casual vacancy arising within the last six months period of the tenure of the post in farmers‟ organizations, shall be filled in by-elections.

The objects of the farmers‟ organisation shall be to promote and secure distribution of water among its users, adequate maintenance of the irrigation system, efficient and economical utilisation of water to encourage modernisation of agriculture to optimise agricultural production to protect the environment, and to ensure ecological balance by involving the farmers inculcating a sense of ownership of the irrigation system in accordance with the water budget and the operational plan.

A farmers‟ organisation may, for carrying out the purposes of this Act, achieving the objects of the organisation and performing its functions, levy and collect such fees as may be prescribed from time to time.

(1) The Government may, by notification appoint such officer from the Irrigation and Command Area Development Department, 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) 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) 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.

The funds of the farmers‟ organisation shall comprise of the following, namely:- (i) grants received from the Government as a share of the water tax collected in the area of operation of the farmers‟ organisation; (ii) such other funds as may be granted by the State and Central Government for the development of the area of operation; (iii) resources raised from any financing agency or undertaking any economic development activities in its area of operation; (iv) income from the properties and assets attached to the irrigation system within its area of operation;

(1) A farmers‟ organisation may accept from any person who committed or in respect of whom a reasonable belief can be inferred that he has committed an offence punishable under this Act or the rules made thereunder, a sum of money not exceeding rupees one thousand by way of composition for such offence.

(2) On payment of such sum of money, the said person, if in custody, shall be discharged and no further proceedings shall be taken against him in regard to the offence, so compounded.

Any party to a dispute or difference aggrieved by a decision made or order passed by the managing committee of farmers‟ organization or by a designated officer, as the case may be, may appeal to the authority and such appeals shall be disposed of, in the manner prescribed.

(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 map of the structures and distributory networks prepared in consultation with the irrigation department;

(c) a statement of the assets and liabilities;

(d) minutes book;

(e) books of account showing receipt and payments;

(f) books of account of all purchases and sales of goods by the farmers‟ organisation;

(g) register of measurement books, level field books, work orders and the like;

(h) copies of audit reports and enquiry reports;

(i) all 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 Farmers‟ Organisation and also for inspection to any officer or officers authorized by the Government or the Commissioner, as may be prescribed.

(3) To encourage effective functioning of the farmers‟ organizations, the Government may prescribe incentives and disincentives for farmers‟ organizations, based on their performance.

All permissions, orders, decisions, notices and other documents of the farmers‟ organisation shall be authenticated, by the signature of the chairman or president of the farmers‟ organisation or any other member of the managing committee, authorised by the managing committee in this behalf.

No acts or proceedings of the managing committee of a farmers‟ organisation shall be invalid by reason only of the existence of any vacancy in, or defect in the constitution of, the said committee. officers as designated in sub-section (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 thereunder; 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 disqualifications under the provisions of the Act, the Government or, as the case may be, the Commissioner or the officers designated in sub-section (1) may proceed either suo-motu or on a representation 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. 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 Telangana Revenue Recovery Act, 1864 or any Act for the time being in force and be credited to the respective farmers' organisation or Government, as the case may be. All appeals on the orders issued under sub-section (2) shall lie 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.

(1) The farmers‟ organisation shall keep their funds in a Nationalised Bank or a Co-operative Bank, namely a Primary Agricultural Cooperative Society or the District Cooperative Central Bank or the Telangana State Co-operative Central Bank.

(2) The funds shall be applied towards meeting of the expenses incurred by the managing committee of the concerned farmers‟ organisation in the administration of this Act and for no other purpose.

(1) If any difficulty arises in giving effect to the provisions of this Act or as to the first constitution or reconstitution of any farmers‟ organisation after the commencement of this Act, the Government as the occasion may require, by order published in the Telangana Gazette, do anything which appears to them necessary for removing the authority.

(2) All orders made under sub section (1) shall as soon as may be, after they are made, be placed on the table of the Legislature of the State and shall be subject to such modifications by way of amendments or repeal as the Legislature may make either in the same session or in the next session.

Nothing contained in this Act shall affect the rights or properties vested in a Gram Panchayat, Mandal Praja Parishad, Zilla Praja Parishad, Municipality or Municipal Corporation under any law for the time being in force. [XXX]

(1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act. (2) Every rule made under this Act shall immediately after it is made be laid before the Legislature of the State, if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following, the Legislature agrees in making any mdification in the rule or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled 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.

24 [Act No.11 of 1997]

1. (m) to cause annual audit of its accounts;
2. (n) to assist in the conduct of elections to the Managing Committee;
3. (o) to maintain other records as may be prescribed;
4. (p) to abide by the decisions of the distributory and project committees;
5. (q) to conduct general body meetings, as may be prescribed;
6. (r) to encourage avenue plantation on canal bunds and tank bunds by leasing such bunds; 45[XXX]
7. (s) to conduct regular water budgeting and also to conduct periodical social audit, as may be prescribed; 46[(t) to encourage modernization of agriculture in its area of operation; and
8. (u) to maintain the feeder channels of minor irrigation tanks by the respective water users association in the manner prescribed.] 18. The distributory committee shall perform the following functions namely:-
9. (a) to prepare an operational plan based on its entitlement, area, soil, cropping pattern at the beginning of each irrigation season, consistent with the operational plan prepared by the project committee; 45. The word “and” omitted by Act No.7 of 2003.

Functions of distributory committee.

[Act No.11 of 1997] 25

1. (b) to prepare a plan for the maintenance of both distributories and medium drains within its area of operation at the end of each crop seasons and execute the maintenance works with the funds of the committee from time to time 47[subject to such terms and conditions as may be prescribed;]
2. (c) to regulate the use of water among the various water users‟ associations under its area of operation;
3. (d) to resolve disputes, if any, between the water users‟ associations in its area of operation;
4. (e) to maintain a register of water users associations in its area of operation;
5. (f) maintain an inventory of the irrigation system in the area of its operation, including drains;
6. (g) to promote economy in the use of water allocated;
7. (h) to maintain accounts;
   • (i) to cause annual audit;
8. (j) to maintain other records as may be prescribed;
9. (k) to monitor the flow of water for irrigation;
10. (l) to conduct general body meetings as may be prescribed;
11. (m) to abide by the decisions of the project committee;

26 [Act No.11 of 1997]

1. (n) to cause regular water budgeting and also the periodical social audit as may be prescribed;
2. (o) to assist in the conduct of elections to the Managing Committee; 48[XXX]
3. (p) to encourage avenue plantations in its area of operation; 49[(q) to encourage modernization of agriculture in its area of operation.]

19. The project committee shall perform the following

functions, namely:-

1. (a) to approve an operational plan based on its entitlement, area, soil, cropping pattern as prepared by the competent authority in respect of the entire project area at the beginning of each irrigation season;
2. (b) to approve a plan for the maintenance of irrigation system including the major drains within its area of operation at the end of each crop season and execute the maintenance works with the funds of the committee from time to time 50[subject to such terms and conditions as may be prescribed;]
3. (c) to maintain a list of the distributory committees and water users association in its area of operation;
4. (d) to maintain an inventory of the distributory and drainage systems in its area of operation; 48. The word “and” omitted by Act No.7 of 2003.

Functions of Project Committee.

[Act No.11 of 1997] 27

1. (e) to resolve disputes, if any between the distributory committees;
2. (f) to promote economy in the use of water;
3. (g) to maintain accounts;
4. (h) to cause annual audit of its accounts;
   • (i) to maintain other records as may be prescribed;
5. (j) to conduct general body meetings as may be prescribed;
6. (k) to cause regular water budgeting and also the periodical social audit as may be prescribed; 51[XXX]
7. (l) to encourage avenue plantations in its area of operation; 52[(m) to encourage modernization of agriculture in its area of operation.]

20. A farmers‟ organisation may, for carrying out the

purposes of this Act, achieving the objects of the organisation and performing its functions, levy and collect such fees as may be prescribed from time to time.

53[21. (1) The Government may, by notification appoint

such officer from the Irrigation and Command Area Development Department, or any other Department or Corporation including Irrigation Development Corporation, as they consider necessary, to be the competent authority

51. The word “and” omitted by Act No.7 of 2003.

⁵³ Substituted with marginal heading by Act No.7 of 2003.

Power to levy and collect fee. Appointment of Competent Authorities and their functions.

28 [Act No.11 of 1997]

(Engineering) with specific functions as prescribed, to every farmers‟ organization for the purpose of this Act.

1. (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.
2. (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.] CHAPTER - IV RESOURCES

22. The funds of the farmers‟ organisation shall comprise

of the following, namely:-

1. (i) grants received from the Government as a share of the water tax collected in the area of operation of the farmers‟ organisation;
2. (ii) such other funds as may be granted by the State and Central Government for the development of the area of operation;
3. (iii) resources raised from any financing agency or undertaking any economic development activities in its area of operation;
4. (iv) income from the properties and assets attached to the irrigation system within its area of operation; Resources of Farmers‟ Organisation.

[Act No.11 of 1997] 29

1. (v) fees collected by the farmers‟ organisation for the services rendered in better management of the irrigation system; and
2. (vi) amounts received from any other source. CHAPTER - V Offences and Penalties

23. Whoever without any lawful authority does any of the

following acts, namely:-

1. (a) damages, alters, enlarges, or obstructs any irrigation system;
2. (b) interferes with, increases, or diminishes the water supply in, or the flow of water from, through, over or under any irrigation system;
3. (c) being responsible for the maintenance of the irrigation system neglects to take proper precautions for the prevention of wastage of the water thereof or interferes with the authorised distribution of water there from or uses water in an unauthorised manner, or in such manner as to cause damage to the adjacent landholdings;
4. (d) corrupts or fouls, water of any irrigation system so as to render it less fit for the purposes for which it is ordinarily used;
5. (e) obstructs or removes any level marks or water gauge or any other mark or sign fixed by the authority of a public servant; and
6. (f) opens, shuts, or obstructs or attempts to open, shut or obstruct any sluice or outlet or any other similar contrivance in any irrigation system; Offences and Penalties.

30 [Act No.11 of 1997]

54[(g) violates the Warabandi or the water distribution and regulation schedule made by the Water Users Association or the Distributory Committee or the Project Committee,] shall, on conviction, be punished with imprisonment which may extend to two years or with fine which may extend to five thousand rupees or with both.

24. Nothing in this Act shall prevent any person from being prosecuted and punished under any other law for the time being in force for any act or omission made punishable by or under this Act:

Provided that no person shall be prosecuted and punished for the same offence more than once.

25. (1) A farmers‟ organisation may accept from any

person who committed or in respect of whom a reasonable belief can be inferred that he has committed an offence punishable under this Act or the rules made thereunder, a sum of money not exceeding rupees one thousand by way of composition for such offence.

1. (2) On payment of such sum of money, the said person, if in custody, shall be discharged and no further proceedings shall be taken against him in regard to the offence, so compounded. CHAPTER - VI Settlement of disputes

55[26. (1) Any dispute or difference touching the

constitution, management, powers or functions of a farmers‟ organization arising between members, between a member

⁵⁴ Inserted by Act No.1 of 1999.

⁵⁵ Substituted with marginal heading by Act No.7 of 2003.

Punishment under other laws not barred. Settlement of disputes. Composition of offences.

[Act No.11 of 1997] 31

and the managing committee of a water users‟ association or between two or more water users‟ associations or between two or more distributory committees or between

two or more project committees shall be determined and

disposed of in the manner prescribed.]

56[27. Any party to a dispute or difference aggrieved by a decision made or order passed by the managing committee of farmers‟ organization or by a designated officer, as the case may be, may appeal to the authority and such appeals shall be disposed of, in the manner prescribed.]

CHAPTER - VII MISCELLANEOUS

28. (1) Every farmers‟ organisation shall keep at its office the following accounts, records and documents, namely:-

1. (a) an up-to date copy of this Act;
2. (b) a map of the area of operation of the farmers‟ organisation along with map of the structures and distributory networks prepared in consultation with the irrigation department;
3. (c) a statement of the assets and liabilities;
4. (d) minutes book;
5. (e) books of account showing receipt and payments;
6. (f) books of account of all purchases and sales of goods by the farmers‟ organisation; Appeals. Records.

⁵⁶ Substituted with marginal heading by Act No.7 of 2003.

32 [Act No.11 of 1997]

1. (g) register of measurement books, level field books, work orders and the like;
2. (h) copies of audit reports and enquiry reports;
   • (i) all such other accounts, records and documents as may be prescribed from time to time. 57[(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 authorized by the Government or the Commissioner, as may be prescribed.] 58[(3) To encourage effective functioning of the farmers‟ organizations, the Government may prescribe incentives and disincentives for farmers‟ organizations, based on their performance.]

29. Every farmers‟ organisation shall get its accounts

audited in the manner prescribed.

30. All the amounts payable or due to a farmers‟ organisation shall be recovered as arrears of land revenue.

31. The meetings of the farmers‟ organisation and the

managing committees thereof at such intervals, the procedure, the presidency and the quorum thereof and the cessation of membership thereof shall be, as may be prescribed.

59[32. A member or President or Vice-President or Chairman or Vice-Chairman of the managing committee of a farmers‟ organization may resign his office through a letter

⁵⁷ Substituted by Act No.7 of 2003.

Power to levy and collect fee. Appointment of Competent Authorities and their functions.

28 [Act No.11 of 1997]

(Engineering) with specific functions as prescribed, to every farmers‟ organization for the purpose of this Act.

1. (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.
2. (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.] CHAPTER - IV RESOURCES

Punishment under other laws not barred. Settlement of disputes. Composition of offences.

[Act No.11 of 1997] 31

and the managing committee of a water users‟ association or between two or more water users‟ associations or between two or more distributory committees or between

two or more project committees shall be determined and

disposed of in the manner prescribed.]

56 [27. Any party to a dispute or difference aggrieved by a decision made or order passed by the managing committee of farmers‟ organization or by a designated officer, as the case may be, may appeal to the authority and such appeals shall be disposed of, in the manner prescribed.]

CHAPTER - VII MISCELLANEOUS

Appeals. Records.

32 [Act No.11 of 1997]

1. (g) register of measurement books, level field books, work orders and the like;
2. (h) copies of audit reports and enquiry reports;
   • (i) all such other accounts, records and documents as may be prescribed from time to time. 57 [(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 authorized by the Government or the Commissioner, as may be prescribed.] 58 [(3) To encourage effective functioning of the farmers‟ organizations, the Government may prescribe incentives and disincentives for farmers‟ organizations, based on their performance.]

⁵⁹ Substituted with marginal heading by Act No.7 of 2003.

Audit. Recovery of dues. Meetings. Resignation.

[Act No.11 of 1997] 33

sent by registered post or tendered in person to the authority designated and it shall be processed and disposed of in the manner prescribed.]

33. (1) The Government may by notification appoint a Commissioner to exercise general control and superintendence over the competent authorities and the District Collectors, in performance of their functions under this Act or the rules made thereunder.

1. (2) The powers to be exercised and the functions to be performed by the Commissioner shall be such as may be prescribed. 34. The Government may by notification appoint an officer or officers 60[or the outgoing President or Chairman of the farmers‟ organization whose performance is adjudged as good, as prescribed] to exercise the powers and perform

is duly constituted or reconstituted and such managing committee assumes office under the provisions of this Act.

35. All permissions, orders, decisions, notices and other

documents of the farmers‟ organisation shall be

authenticated, by the signature of the chairman or president of the farmers‟ organisation or any other member of the managing committee, authorised by the managing committee in this behalf.

36. No acts or proceedings of the managing committee of

a farmers‟ organisation shall be invalid by reason only of the existence of any vacancy in, or defect in the constitution of, the said committee.

⁶⁰ Inserted by Act No.7 of 2003.

Appointment of a Commissioner. Transitional arrangements. Authentication of orders and documents of the Farmers‟ Organisation. Acts not to be invalidated by informality or vacancy etc.

34 [Act No.11 of 1997]

37. (1) The farmers‟ organisation shall keep their funds in a Nationalised Bank or a Co-operative Bank, namely a Primary Agricultural Cooperative Society or the District Cooperative Central Bank or the Telangana State Co-operative Central Bank.

1. (2) The funds shall be applied towards meeting of the expenses incurred by the managing committee of the concerned farmers‟ organisation in the administration of this Act and for no other purpose. 38. (1) The managing committee of the farmers‟ organisation shall maintain a sinking fund for the repayment of moneys borrowed and shall pay every year into the sinking fund such sum as may be sufficient for repayment within the period fixed of all moneys so borrowed.
2. (2) The sinking fund or any part thereof shall be applied in or towards, the discharge of the loan for which such fund was created, and until such loan is wholly discharged, it shall not be applied for any other purpose. 39. The 61[financial sub-committee] of a farmers‟ organisation shall prepare in such form in every financial year a budget in respect of the financial year next, showing the estimated receipts and expenditure of the committee

and shall place before the general body of the farmers‟

organisation for its approval as may be prescribed.

40. No suit, prosecution or other legal proceedings shall be, instituted against any person for anything which is, in good faith, done or intended to be done under this Act or under the rules made thereunder.

⁶¹ Substituted by Act No.7 of 2003.

Deposit and administration of the funds Sinking Fund. Budget. Protection of acts done in good faith.

[Act No.11 of 1997] 35

41. (1) If any difficulty arises in giving effect to the provisions of this Act or as to the first constitution or reconstitution of any farmers‟ organisation after the commencement of this Act, the Government as the occasion may require, by order published in the Telangana Gazette, do anything which appears to them necessary for removing the authority.

1. (2) All orders made under sub section (1) shall as soon as may be, after they are made, be placed on the table of

the Legislature of the State and shall be subject to such

modifications by way of amendments or repeal as the Legislature may make either in the same session or in the next session.

63[41-A. (1) Notwithstanding anything 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 Superintending 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 organisation and such farmers‟ organisation shall implement those directions for effective functioning of the said organisation.

1. (2) If in the opinion of the Government or, as the case may be, the Commissioner 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‟ organization,-
   • (i) Wilfully omitted or refused to carry out the directions of the Government or the Commissioner or the 01.06.2016.

⁶² Substituted by G.O.Ms.No.45, Law (F) Department, dated

Audit. Recovery of dues. Meetings. Resignation.

[Act No.11 of 1997] 33

sent by registered post or tendered in person to the authority designated and it shall be processed and disposed of in the manner prescribed.]

Appointment of a Commissioner. Transitional arrangements. Authentication of orders and documents of the Farmers‟ Organisation. Acts not to be invalidated by informality or vacancy etc.

34 [Act No.11 of 1997]

Deposit and administration of the funds Sinking Fund. Budget. Protection of acts done in good faith.

[Act No.11 of 1997] 35

01.06.2016.

Power to remove difficulties. Power to give directions.

36 [Act No.11 of 1997]

officers as designated in sub-section (1) for the proper working of the organization; or

1. (ii) abused his position or the power vested in him; or
2. (iii) is guilty of misconduct in the discharge of his duties; or
3. (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
4. (v) violated any of the provisions of the Act or the rules made thereunder; or

1. (a) defaulted in carrying out the financial audit in the manner prescribed; or
2. (b) defaulted in conducting general body meetings in the manner prescribed; or
3. (c) defaulted in formation of sub-committees in the manner prescribed; or
   • (vi) incurred any of the disqualifications under the provisions of the Act, the Government or, as the case may be, the Commissioner or the officers designated in sub- section (1) may proceed either suo-motu or on a representation 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.

1. (3) Any amount fallen due to be recovered, consequent to any financial irregularity committed by the Chairman or

[Act No.11 of 1997] 37

Vice-Chairman or President or Vice-President or member or members of the Managing Committee during their tenure, shall be recovered as per the Telangana 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.

1. (4) All appeals on the orders issued under sub-section
2. (2) shall lie 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.] 65[41-B. The Government or the Commissioner may either on its own accord or on application 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.]

⁶⁵ Inserted with marginal heading by Act No.1 of 1999.

O.Ms.No.45, Law (F) Department, dated 01.06.2016. Revision by the Government or the Commissioner. Act II of 1864.

38 [Act No.11 of 1997]

66[42.] Nothing contained in this Act shall affect the rights or properties vested in a Gram Panchayat,

67[Mandal Praja Parishad],

67[Zilla Praja Parishad], Municipality or Municipal

Corporation under any law for the time being in force.

[XXX]

43. (1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

1. (2) Every rule made under this Act shall immediately after it is made be laid before the Legislature of the State, if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following, the Legislature agrees in making any mdification in the rule or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled 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.
   • • * * 66. Section 42 (1) renumbered as section 42, and sub-section (2) omitted by Act No.7 of 2003. Savings. Power to make rules.

⁶⁷ Substituted by Act No.41 of 2006.