Added 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.