Chapter II Constitution of Command Area Development Authority, Appointment of Commissioner, Pipe Committee and other agencies, etc.

(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 of 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 utilisation 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 propogation, 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 centres; (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 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 land-holders 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 unauthorised 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, carry out 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.

Every land-holder under a pipe outlet shall be responsible,– (i) to carry out systematic land development at his cost, according to the scheme formulated by the Land Development Officer; (ii) to maintain the irrigation system under the pipe outlet in good repair, at his cost; proportionately as prescribed; (iii) to use water for irrigation economically and without wastage by adopting such techniques and regime as may be prescribed.

It shall be the duty of a land-holder to take steps to maximise production from his land by adopting such scientific and modern techniques of farm management as may be notified from time.to time by such authority,as may be prescribed.

Every land-holder shall take such precautionary and preventive measures as may be necessary so as not to cause damage to the adjacent land holdings.

All lands comprising the command area under a pipe outlet shall form into a single unit for purposes of- (i) systematic land development ; (ii) maintenance and upkeep of irrigation system.

The Commissioner may, by notification, specify the command areas under his jurisdiction in which all or any of the works under systematic land development shall be taken up in one or more instalments and also specify the officers for command area development works in such command areas.

(1) The Land Development Officer, or any person authorised by him in this behalf may– (a) enter upon any land in the command area of an irrigation system or lands adjacent thereto and undertake survey or take levels thereon for preparing scheme for systematic land development; (b) dig and bore into top-soil or sale soil and collect soil samples for technical investigation; (c) make and set-up suitable land marks, and level marks for the said purpose; (d) do all other acts necessary for the proper conduct of any inquiry or investigation relating to any existing or proposed scheme for comprehensive command area development; (e) enter upon any land or building and cut down and clear away jungle, fence or any part of standing crop, or other obstruction for the purpose of regulating the use of water supplied or inspection or measurement of the lands irrigated thereby and of doing all things necessary for the proper regulation and management of land and water: Provided that if the Land Development Officer or other person authorised proposes to enter into any building or any enclosed court-yard attached to a dwelling house, he shall give the occupier of such building or courtyard atleast a day's notice in writing of his intention to do so, if the occupier denies entry on oral request. (2) Save as otherwise provided by the rules made in this behalf, no person shall be entitled to any compensation for loss or damage sustained by him by reason of any action taken by the Land Development Officer or other person authorised in pursuance of his powers under this section.

(1) The Land Development Officer shall, as soon as may be after the issue of notification under section 12, hold a meeting of land-holders in the unit and after hearing their views, cause the preparation of a suitable scheme for systematic land development. (2) Any scheme so prepared shall amongst other matters, setout the estimated cost of the scheme a sketch plan of the area proposed to be covered under the scheme and the particulars of the site of the pipe outlet re-localisation or re-alignment of the pipe outlet and re-alignment of the existing irrigation system, survey numbers covered, field boundries, as existing and as proposed, the extent required for the irrigation system and the land-holders to be benefited and other persons affected thereby. (3) Every scheme shall, immediately after its preparation, be published in such form and manner as may be prescribed inviting objections and suggestions with respect thereof within fifteen days of such publication. (4) The Land Development Officer shall consider the objections and suggestions received, if any, from the land-holders and finalise the scheme either as originally proposed by him or with such, modifications as he may consider fit and publish the scheme as finalised in such form and manner as may be prescribed (thereinafter in this chapter referred to as the approved scheme).

(1) After the approved scheme has been published by the Land Development Officer, or where proceedings is pending before the District Collector under sub-section (4) of section 13 after it has been diposed off the Land Development Officer shall give notice in such manner as may be prescribed; that the works in the approved scheme shall be executed within such time and through such agency appointed by him, as may be specified therein. (2) As soon as may be after the notice is given under sub-section (1), the Land Development Officer shall call upon every land-holder, whose land is likely to be benefited by the approved scheme, by an order made in this behalf, to deposit, within one month from the date of the order, his share of the estimated cost of the work in the approved scheme with the Land Development Officer for executing the scheme and every such land-holder shall deposit the same within the period specified therefor. The Land Development Officer shall thereupon takeup the work according to the approved scheme. (3) On completion of the work, the Land Development Officer shall give to the land-holder notice of completion of the work and the cost of execution of the work according to the approved scheme, and demand the deposit of such further sum, if any, as may be payable by the land-holder with the Land Development Officer.

(1) Notwithstanding anything to the contrary in any law for the time being in force, it shall be lawful for the land-holders under a pipe outlet to agree,- (i) to establish an irrigation system on their lands without payment of compensation for the land occupied by such a system; or (ii) to bear a cut in their holdings in proportion to the extent of their holdings in lieu of the amount fixed for the land occupied by the irrigation system, by re-adjustment of field boundaries. (2) Where the landholders under a pipe outlet do not so agree to part with their lands required for the irrigation system without payment in cash, the Land Development Officer may fix the amount payable for such lands, in the same manner as provided in sub-section (8) of section 13, and the amount so fixed shall form part of the estimated cost of the approved scheme and be paid to the affected land holders according to the area occupied by the irrigation system; (3) Any person aggrieved by the amount fixed by the Land Development Officer under sub-section (2) may prefer an appeal, within fifteen days from the date of

(1) The Land Development Officer shall prepare in the prescribed manner a record containing particulars as to the irrigation system and the adjusted boundaries of land holdings under a pipe outlet after execution of the systematic land development scheme and cause the same to be published in such manner as may be prescribed. (2) The District Collector shall have the power to correct any error or rectify any mistake in the particulars contained in the said record. (3) Every particular in the said record shall be evidence of the matter referred to therein and shall be presumed to be correct until the contrary is proved or until a new particular is entered in the said record in accordance with the provisions of this Act or any other law for the time being in force.

(1) The Irrigation Officer shall, having regard to the availability of water and other factors, have power to regulate the supply of water from an irrigation system upto and below a pipe outlet and specify:– (a) the time for letting out water for irrigation; (b) the duration of supply; (c) the quantity of supply; and (d) the different areas to be supplied at different times. Explanation.–Water shall be deemed to have been supplied if it is made available, whether or not it is used for irrigation of land under a pipe outlet. (2) An appeal against an order passed by the Irrigation Officer under sub-section (1) shall lie to the District Collector within fifteen days from the date of making of such order.

(1) If water supplied from an irrigation system is put to unauthorised or unlawful use, the person by whose act or negligence such use has occurred, or if such person cannot be identified, the person or all the persons on whose land water has flowed and the land is benefited therefrom, or the person or all the persons chargeable in respect of the water supplied from such irrigation system, shall be liable, severally or jointly as the case may be, for the imposition of such charge as may be levied by the competent authority therefor under the relevant law for the time being in force. Explanation.–For the purpose of this section, the use of water for irrigating an area in the following manner shall constitute unauthorised or unlawful use, namely:– (i) when an area is not localised under an irrigation system; (ii) when an area which is localised as irrigated dry, is irrigated as wet; (iii) when an area localised for a single crop is irrigated for a double crop; (iv) when an area which is localised for one particular season is irrigated in the season for which it is not so localised; (v) when an area is irrigated unauthorisedly by breaching or cross bounding an irrigation system; (vi) when an area is irrigated by pumping water without prior permission of the Irrigation Officer; (vii) when an area is irrigated with a crop in contravention of cropping pattern specified under section 26; (viii) when an area is irrigated otherwise than in accordance with the schedule of water distribution as specified in warabandi. (2) Where water supplied through a field channel is allowed by any person to run to waste, the person by whose act or negligence such water was allowed to run to waste, or if, after inquiry such person cannot be found, the person or all the persons chargeable in respect of the water supplied from such irrigation system, shall be liable, severally or jointly, as the case may be, for the imposition of a charge which shall be made in the prescribed manner in respect of the water so wasted. (3) The levy of charges for unauthorised or unlawful use of or wastage of water shall not be a bar for launching prosecution for any offence connected with such use or waste. (4) All charges for the unauhorised or unlawful use or for waste of water may be recovered as water rates, in addition to any penalties imposed on account of such use or for waste of water. (5) Any question arising under this section shall be decided by the Irrigation Officer and any person aggrieved by the order of the Irrigation Officer may prefer an appeal to the District Collector within fifteen days from the date of making of the order. A second appeal against an order of the District Collector may be filed before the Commissioner within fifteen days from the date of such order.

(1) It shall be lawful for the Government or any officer authorised by them in this behalf to stop the supply of water to any land holding or field channel or to any person who is entitled, to such supply under all or any of the following circumstances, namely:– (a) whenever and so long as it is necessary to stop such supply for the purpose of executing any work ordered by the competent authority; (b) whenever and so long as any field channel by which such supply is received is not maintained in such repair as to prevent the wasteful escape of water thereof; (c) whenever and so long as it may be necessary to do so in order to prevent the wastage or misuse of water; (d) during the periods fixed, from time to time, by the Irrigation Officer of which due notice has been given; (e) whenever there is diminution in the supply of water in the irrigation system due to any natural or seasonal causes and thereby so long as it is necessary to do so; (f) whenever there are floods or heavy rains in the command area and thereby so long as it is necessary to do so. (2) No claim shall be allowed against the Government for compensation in respect of any damage arising out of:– (a) deterioration in climate or soil; or (b) stoppage or diminution of the supply of water where such stappage or diminution is due to– (i) any cause beyond the control of the authority incharge of the irrigation system; (ii) the execution of any repairs, alterations or additions to the irrigation system; (iii) any measures considered necessary by the Irrigation Officer for regulating the proper flow of water in the field channel or for maintaining the established course of irrigation; or (iv) circumstances mentioned in clauses (a) to (f) of sub-section (1).

Where water from an irrigation system is supplied for the irrigation of one or more crops specified by the Irrigation Officer, the right to use such water shall be deemed to continue only until such crop or crops shall come into maturity, and to be lawful only in respect of such crop or crops.

(1) Whenever a dispute arises between two or more land-holders in regard to their natural rights or liabilities in respect of the use or maintenance of a field channel, any such land-holder may apply in writing to the pipe committee stating the matter in dispute. (2) On receipt of an application under sub-section (1), the pipe committee shall give notice to the other persons intersted to appear before it on a day to be specified in such notice, and shall proceed to enquire into such matter, and after the enquiry, the pipe committee may try to bring about a compromise between the parties and if such compromise could not be brought, it shall, after hearing the parties concerned pass such order as it deems fit: Provided that if any dispute arises between the land-holders and the pipe committee regarding the sharing of costs to be borne by one or more land-holders, any such land holder may, after paying the costs apportioned to him by the pipe committee, prefer an appeal to the Irrigation Officer within seven days of such payment and the Irrigation Officer shall after giving an opportunity to the aggrieved land-holders, decide the pro-rata sharing of expenses between the land-holders and his decision theron shall be final and binding on all the land-holders. (3) The Irrigation Officer within whose jurisdiction the pipe outlet is situated, may suo-motu or on an application made in this behalf by an aggrieved person within fifteen days from the date of the order passed by the pipe committee under sub-section (2) revise such order: Provided that where the pipe committee does not pass an order within fifteen days from the date of receipt of an application under sub-section (1), the Irrigation Officer may himself pass an order on the matter in dispute.

(1) Subject to such rules as may be made in this behalf the Government may, having regard to resources of land and water, nature of soil, climate and other technical considerations, by an order, specify for each command area principles of localisation for the purpose of irrigation. (2) The Government may, having regard to the advancement in technology of land and water management and other agronomic practices, alter, from time to time by an order, the principles of localisation so specified for any command area. Explanation:–The term “principles of localisation” shall include the prescription of seasons of the irrigation, the type of irrigation, such as wet, irrigated dry, double crop, or single crop, or perennial irrigation.

Subject to such directions as may be issued from time to time by the Government, the District Collector, may, in any year, having regard to the quantity of water available in any irrigation system within his jurisdiction, classify, by an order, within such time and in such manner as may be prescribed lands under the said irrigation system for the purpose of raising such kind of crops on each class of land as may be specified in the order, and regulate the supply of water for irrigation accordingly.

(1) Whenever the Government are satisfied that for the better cultivation of land and the optimum utilisation of water resources of an irrigation system or for accelerated land development or for any other reasons, it is expedient in public interest to regulate the cropping pattern the period of sowing and the duration of crop, they may, by notification, make a decleration to that effect: Provided that such person may grow any crop other than the crop prohibited under this section with the utilisation of water from his own source subject to such conditions and restrictions as may be prescribed. (2) On the making of a declaration under sub-section (1), the Director of Agriculture may specify by notification published in such manner as may be prescribed, the kinds of crops that shall not be grown on any land under such irrigation system and the periods of sowing and duration in respect of non-prohibited crop thereof.

(3) On the publication of a notification under sub-section (2), no person shall grow any such crop as is prohibited by the notification on any land under such irrigation system and no person shall sow or plant any other crop at any period or allow such crop to remain beyond the duration, specified in respect thereof in such notification.

(1) For the purpose of laying out the roads within the command area and their proper upkeep and maintenance, it shall be lawful for the Government to levy and collect road cess in the form of a tax on lands in the command area from the land-holders who, in their opinion, are benefited or are capable of being benefitted by any scheme undertaken under this Act.

(2) The rate at which the road cess shall be levied, the manner of assessment and realisation of road cess and the utilisation of such road cess shall be such as may be prescribed:

Provided that such rate of road cess shall not exceed Rs. 12 and paise 35 per hectare of land in the command area.

Any land-holder included in the scheme for systematic land development may apply to a financing agency selected by the Credit Officer to provide credit facility to the land-holder and the said financing agency may advance loans to the land-holder through the Command Area Development Authority or its nominee for executing the scheme for systematic land development.

Notwithstanding anything in any other law for the time being in force, where a financing agency or other selected agency, as the case may be, advances a loan or a special loan or such loan is deemed to have been so advanced, such loan or special loan shall, subject to any claim of the Government in respect of land revenue have a first charge on the land included in the scheme for systematic land development for the purpose of recovery of such loans and where that aforesaid agency is the Co-operative Agircultural Development Bank, the loan amount may be recoverable in the manner provided by sections 101 to 106 of the Telangana Co-operative Societies Act, 1964.

Where on the implementation of the scheme for systematic land development, the extent or the boundaries of the land under any mortgage gets altered, such altered land shall alone form the substituted security for the land mortgaged.

If, in the opinion of the Government, it is necessary in the public interest so to do, they may, by notification and subject to such restrictions and conditions as may be specified in such notification, reduce or exempt in respect of any financing agency or of such institution or person as may be notified by the Government in this behalf –

(a) the stamp duty with which, under any law for the time being in force, instruments executed by or on behalf of a financing agency or the institution or person aforesaid pertaining to the business of such financing agency, institution or person in so far as it relates to matters provided under this Act or any clause of such instruments, are respectively chargeable; and

(b) any fee payable under the law relating to registration for the time being in force or court fees. Provided that no person shall be prosecuted and punished for the same offence more than once.

(1) Notwithstanding anything in the Registration Act, 1908, it shall not be necessary for any officer of a financing agency or any institution, or person referred to in section 32 to appear in person or by agent at any registration office in any proceedings connected with the registration of any instrument executed by him in his official capacity pertaining to the business of such financing agency, institution or person in so far as it relates to matters provided under this Act, or to sign as provided in section 58 of that Act.

(2) Where any instrument is so executed the registering officer to whom such instrument is presented for registration, may, if he thinks fit, refer to such officer as is referred to in sub-section (1), for information in regard thereto, and on being satisfied of the execution thereof, shall register the instrument.

(3) Notwithstanding anything in the Registration Act, 1908, it shall not be necessary to register mortgages or instruments executed in favour of a financing agency or any institution or person referred to in section 32 in respect of transactions made under this Act, where the financing agency or institution or person aforesaid sends within fourteen days from the date of execution of such instrument requiring registration, a copy thereof to the registering officer having jurisdiction who shall file such a copy in the book maintained under section 51 of that Act.

(1) whoever, voluntarily and without proper authority, does any of the following acts, that is to say :–

(a) damages, alters, enlarges, or obstructs any irrigation system;

(b) interferes with, increase, or diminishes the water supply in, or the flow of water from, through, over or under any irrigation system;

(c) being responsible for the maintenance of the irrigation system under a pipe outlet neglect to take proper precautions for the prevention of wastage of the water thereof or interferes with the authorised distribution of water therefrom or uses water in an unauthorised manner, or in such manner as to cause damage to the adjacent land holding;

(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;

(e) obstructs or removes any level marks or water guage or any other mark or sign fixed by the authority or a public servant;

(f) opens, shuts, or obstructs or attempts to open, shut obstruct any sluice or outlet or any other similar contrivance in any irrigation system;

(g) uses water unlawfully or unauthorisedly or agrees or allows to grow any crop in contravention of any notification under this Act, shall be liable for conviction before a Magistrate.

(2) Any person who is convicted for the offences under sub-section (1) shall–

(i) for the first offence, be punished with fine which may extend to Rs. 500;

(ii) for a second or subsequent offence, be punished with imprisonment for a term which may extend to three months or with fine which shall not be less than Rs. 200, but may extend to Rs. 1,000 or with both.

(3) Whoever contravenes any of the provisions of section 8 or section 9 or section 10 shall be liable for conviction before a Magistrate and shall be punished with a fine which may extend to Rs. 500.

(4) In case of continuing offence, a fine not exceeding Rs. 50 per day shall be imposed during the period of continuance of the offence.

Whoever abets any offence punishable by or under this Act or attempts to commit any such offence, shall be punished with the penalty provided by or under this Act for committing such offence.

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

(1) Notwithstanding anything in the Code of Criminal Procedure, 1973, an offence punishable under this Act may also be tried summarily under the provisions of Chapter XXI of the said Code: Provided that no sentence of imprisonment for a term exceeding three months shall be passed in any such case tried summarily. (2) All offences under this Act shall be cognizable but bailable in the manner provided by the Code of Criminal Procedure, 1973.

Any officer or authority incharge of or employed on any irrigation system may, remove from the land or any building thereon, or take into custody without a warrant and forthwith handover to a police officer incharge of the nearest police station, any person who within his view – (a) wilfully damages, alters, enlarges or obstructs any irrigation system; or (b) without proper authority, interferes with the supply or flow of water, in or from any irrigation system so as to endanger, damage or render less useful such irrigation system: Provided that every such person taken into custody shall be produced before the nearest magistrate within a period of twenty four hours of such custody excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.

(1) Any Irrigation Officer 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 Rs. 200, 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.

Where, for safety of an irrigation system in the notified command area and for other technical reasons, it is considered, necessary to take any soil conservation measures, like contour bunding and trenching, in lands adjacent to the lands under the notified command area, the Land Development Officer shall have and exercise all the powers under the Andhra Pradesh (Andhra Area) Land Improvement Schemes (Contour Bunding and Contour Trenching) Act 1949, and the Andhra Pradesh (Telangana Area) Land Improvement Act, 1953, or any other similar law for the time being in force in respect of soil conservation measures required to be taken therein.

Whenever any sum is due to be paid by any person under this Act and the sum has not been paid within the time specified for such payment it shall be recoverable with interest at such rate as may be prescribed, as an arrear of land revenue.

Any officer empowered under this Act to conduct any inquiry may exercise all such powers connected with summoning and examining of the witnesses and the production of documents as are conferred on a civil court under the Code of Civil Procedure, 1908 and any such inquiry shall be deemed to be a judicial proceeding.

The provisions of this Act and the rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, or any custom, usage or contract or decree or order of a court or other authority.

(1) A Command Area Development Authority constituted for any command area or command areas, before the commencement of this Act, under any law for the time being in force (hereinafter in this section referred to as “Adhoc Command Area Development Authority”) shall cease to exist on the date on which a Command Area Development Authority is duly constituted for such command area or command areas in accordance with the provisions of this Act. (2) All this done or other action taken by an Adhoc Command Area Development Authority shall be deemed to have been done or taken by the Command Area Development Authority constituted in its place under this Act and all assets vested in, and all liabilities subsisting against, an Adhoc Command Area Development Authority on that date shall devolve on the Command Area Development Authority constituted in its place under this Act.

The Andhra Pradesh Irrigation Utilisation and Command Area Development Ordinance, 1983 is hereby repealed.