The Telangana Farmers Management of Irrigation Systems Act, 1997

THE TELANGANA FARMERS’ MANAGEMENT OF IRRIGATION SYSTEMS ACT, 1997. (ACT NO. 11 OF 1997) ARRANGEMENT OF SECTIONS Sections CHAPTER - I PRELIMINARY 1. Short title, extent and commencement. 2. Definitions. CHAPTER -II FARMERS’ ORGANISATION 3. Delineation of water users’ area and constitution of an association. 4. Election of President, Vice-President and Members of the Managing Committee of Water Users’ Association. 5. Delineation of distributory area and constitution of the Distributory Committee. 6. Election of President, Vice-President and constitution of Managing Committee. 7. Delineation of project area and constitution of Project Committee. 8. Election of Chairman, Vice-Chairman and constitution of the Managing Committee. 9. Apex Committee. 10. Procedure for recall. 11. Constitution of sub-committees in farmers’ organization. 12. Farmers’ Organisation to be a Body Corporate. 13. Changes in Farmers’ Organisation. 2 [Act No. 11 of 1997] 14. Disqualifications of candidates or Members. 15. Filling up of Vacancies. Chapter - III Objects and Functions of the Farmers’ Organisations 16. Objects. 17. Functions of Water Users’ Association. 18. Functions of Distributory Committee. 19. Functions of Project Committee. 20. Power to levy and collect fee. 21. Appointment of competent authorities and their functions. CHAPTER - IV RESOURCES 22. Resources of Farmers’ Organisation. CHAPTER - V Offences and Penalties. 23. Offences and Penalties. 24. Punishment under other laws not barred. 25. Composition of offences. CHAPTER - VI Settlement of disputes 26. Settlement of disputes. 27. Appeals. CHAPTER - VII MISCELLANEOUS 28. Records. [Act No. 11 of 1997] 3 29. Audit. 30. Recovery of dues. 31. Meetings. 32. Resignation. 33. Appointment of a Commissioner. 34. Transitional arrangements. 35. Authentication of orders and documents of the Farmers’ Organisation. 36. Acts not to be invalidated by informality or vacancy etc. 37. Deposit and administration of the funds. 38. Sinking Fund. 39. Budget. 40. Protection of acts done in good faith. 41. Power to remove difficulties. 41-A. Power to give directions. 41-B. Revision by the Government or the Commissioner. 42. Savings. 43. Power to make rules. THE TELANGANA FARMERS‟ MANAGEMENT OF IRRIGATION SYSTEMS ACT, 1997.1 ACT No.11 OF 1997. CHAPTER - I PRELIMINARY 1. (1) This Act may be called the 2Telangana Farmers‟ Short title, extent Management of Irrigation Systems Act, 1997. and commencement. (2) It extends to the whole of the State of 2Telangana. (3) It shall come into force on such date as the Government may, by notification in the 2Telangana Gazette, appoint and they may appoint different dates for different areas and for different provisions. 2. (1) In this Act, unless the context otherwise requires,- Definitions. (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 1. The Andhra Pradesh Farmers‟ Management of Irrigation Systems Act, 1997 received the assent of the Governor on the 7th March, 1997. The said Act in force in the combined State, as on 02.06.2014, has been adapted to the State of Telangana, under section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws Order, 2016, issued in G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 2 [Act No.11 of 1997] Parishad, Municipality, Municipal Corporation or Roads and Buildings Department of the Government; 3[(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; 4[(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 5Telangana Water Resources Development Corporation constituted under the Act 12 of 1997. 5Telangana Water Resources Development Corporation Act, 1997; (f) “distributory system” means and includes,- 3. Inserted by Act No.7 of 2003. 4. For clause (d) clauses (d) and (dd) substituted by Act No.7 of 2003. 5. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. [Act No.11 of 1997] 3 (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,- 4 [Act No.11 of 1997] (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 6Telangana; 6. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. [Act No.11 of 1997] 5 (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. 7[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. 7[Such system may have two tiered farmers organisation, namely:- (i) Water Users Association at primary level; and (ii) Project Committee at Project level.] 7. Added by Act No.7 of 2003. 6 [Act No.11 of 1997] (3) „Minor Irrigation system‟ means irrigation system under minor irrigation project having irrigable command area upto 2,000 hectares. 8[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 9Telangana Record of Rights in Land Act, 1971 in respect of Act 26 of 1971. 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 10Telangana 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; 11[(uu) “Superintending Engineer” means the Superintending Engineer of Irrigation and Command Area 8. Added by Act No.7 of 2003. 9. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 10. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 11. Inserted by Act No.7 of 2003. [Act No.11 of 1997] 7 Development Department incharge of concerned Farmers‟ Organisations;] (v) “warabandi” means a system of distribution of water allocation to water users by turn according to an approved schedule indicating the day, duration and the time of supply; (w) “water allocation” in relation to an irrigation system means distribution of water determined from time to time by a farmers' organisation in its area of operation; (x) “water user” means and includes any individual or body corporate or a society using water for agriculture, domestic, power, non-domestic, commercial, industrial or any other purpose from a government or the corporation source of irrigation. (2) The words and expressions used in this Act, but not defined, shall have the same meaning assigned to them in the 12Telangana Irrigation Utilisation and Command Area Act 15 of 1984. Development Act, 1984. CHAPTER - II FARMERS‟ ORGANISATION 3. (1) The District Collector may by notification and in Delineation of accordance with the rules made under this Act, in this behalf water users‟ area delineate every command area under each of the irrigation and constitution of an association. 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: 12. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 8 [Act No.11 of 1997] 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. 13[(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: 14[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.] 13. Sub-section (2) substituted by Act No.7 of 2003. 14. Added by Act No.1 of 1999. [Act No.11 of 1997] 9 (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. 15[4. (1) There shall be a Managing Committee for each Election of Water Users‟ Association comprising members of the President, Vice- President and Territorial Constituencies as specified in sub-section (2) of Members of the section 3 elected directly by the Water Users as specified in Managing clause (i) of sub-section (4) of section 3 of the Act from their Committee of respective Territorial Constituencies: Water Users‟ Association. 16[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 17[one third of its elected members] thereof retiring every two years as specified in sub-section (3). 15. Substituted with marginal heading by Act No.7 of 2003. 16. Proviso added by Act No.39 of 2005. 17. Substituted by Act No.39 of 2005. 10 [Act No.11 of 1997] (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: [Act No.11 of 1997] 11 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.] 5. (1) The Government may, by notification and in Delineation of accordance with the rules made in this behalf, delineate distributory area every command area of the irrigation system, 18[comprising and constitution of the distributory of five or more] water users‟ associations, and declare it to committee. be a distributory area for the purpose of this Act. 18. Substituted by Act No.7 of 2003. 12 [Act No.11 of 1997] (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. Election of 6. 19[(1) There shall be a managing committee for every President, [Vice- Distributory Committee consisting of all the members of the President] and General Body:] Constitution of Managing Committee. 20[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.] 21[(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), 21[the President or the Vice-President] are not elected, fresh elections shall be held in the prescribed manner. 19. Substituted by Act No.7 of 2003 and the word “Vice-President” in the marginal heading inserted by Act No.7 of 2003. 20. Added by Act No.39 of 2005. 21. Substituted by Act No.7 of 2003. [Act No.11 of 1997] 13 22[(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. 7. (1) The Government may by notification and in Delineation of accordance with the rules made under this Act, in this Project area and constitution of behalf, delineate every command area or part thereof, of an Project irrigation system and declare it to be a project area for the Committee. 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). 23[(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: 22. Substituted by Act No.7 of 2003. 23. For sub-section (3), sub-sections (3) and (4) substituted by Act No.7 of 2003. 14 [Act No.11 of 1997] Provided that such Project Committee shall have a minimum strength of five members.] Election of 8. 24[(1) There shall be a Managing Committee for every Chairman [Vice- Project Committee consisting of all the members of the Chairman] and general body:] constitution of the Managing 25[Provided that all Members of the Legislative Committee. Assembly, 26[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, 26[Members of the Legislative Council], all Members of the Parliament and Presidents of 27[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.] 28[(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.] 24. Substituted by Act No.7 of 2003 and the word “Vice-Chairman” in the marginal heading inserted by Act No.7 of 2003. 25. Added by Act No.39 of 2005. 26. Inserted by Act No.41 of 2008. 27. Substituted by Act No.41 of 2006. 28. Substituted by Act No.7 of 2003. [Act No.11 of 1997] 15 (3) If, at an election held under sub-section (2) the 29[Chairman and Vice-Chairman] are not elected, fresh elections shall be held in the prescribed manner. 29[(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. 9. (1) The Government may, by notification, constitute an Apex Committee. 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. 10. (1) A motion for recall of 29[a Chairman or Vice- Procedure for Chairman or President or Vice-President] or member of a recall. managing committee, as the case may be, of a farmers‟ organisation may be made by giving a written notice 29[as may be prescribed to the competent authority (Engineering) 29. Substituted by Act No.7 of 2003. 16 [Act No.11 of 1997] of the respective farmers‟ organisation], signed by not less than one third of the total number of members of the farmers‟ organisation, who are entitled to vote: Provided that no notice of motion under this section shall be made within one year of the date of assumption of office by the person against whom the motion is sought to be moved. (2) If the motion is carried with the support of majority of the members present and voting at a meeting of the general body specially convened for the purpose, 30[the competent authority (Engineering)] shall by order remove him from office and the resulting vacancy shall be filled in the same manner as a casual vacancy. Constitution of 11. The Managing Committee of a farmers‟ organisation sub-committees in 30[shall] constitute sub-committees to carry out all or any of farmers‟ the functions vested in each organisation under this Act. organisation. Farmers‟ 12. Every farmers‟ organisation shall be a body corporate Organisation to with a distinct name having perpetual succession and a be a Body common seal and subject to the provisions of this Act Corporate. 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. Changes in 13. 30[The Government or the District Collector] may in the farmers‟ interest of a farmers‟ organisation in the command area by organisation. 30. Substituted by Act No.7 of 2003. [Act No.11 of 1997] 17 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. 14. (1) No village servant and no officer or servant of the Disqualifications Government of India or any State Government or of a local of candidates or authority or an employee of any institution receiving aid from Members. the funds of the Government shall be qualified for being chosen as or for being 31[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; 31. Substituted by Act No.7 of 2003. 18 [Act No.11 of 1997] (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. 32[(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 33[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 33[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; 32. Inserted by Act No.7 of 2003. 33. Substituted by Act No.7 of 2003. [Act No.11 of 1997] 19 (d) interested in a subsisting contract made with, or any work being done for, the Gram Panchayat, 34[Mandal Praja Parishad], 34[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, 34[Mandal Praja Parishad], 34[Zilla Praja Parishad], the farmers‟ organisation, the State or Central Government has not performed its part of the contractual obligations. (4) 35[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,- 34. Substituted by Act No.41 of 2006. 35. Substituted by Act No.7 of 2003. 20 [Act No.11 of 1997] (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. 36[XXX] 37[(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.] 36. The words “and he shall cease to hold the office forthwith” omitted by Act No.7 of 2003. 37. Clauses (c) and (d) added by Act No.7 of 2003. [Act No.11 of 1997] 21 38[(4-A) A member of the Water Users‟ Association shall cease to be a Member or 39[a Chairman or Vice-Chairman or President or Vice-President] or a Member of a Managing Committee 40[XXX] 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 39[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. 41[(6) Any member who is disqualified under this section shall also be disqualified to hold any office in all the tiers of farmers‟ organization.] 42[15. (1) A vacancy arising in a farmers‟ organization either Filling up of due to disqualification under section 14 or death or Vacancies. resignation or by any reason shall be filled in the manner prescribed. 38. Inserted by Act No.1 of 1999. 39. Substituted by Act No.7 of 2003. 40. Omitted by Act No.7 of 2003. 41. Added by Act No.7 of 2003. 42. Substituted with marginal heading by Act No.7 of 2003. 22 [Act No.11 of 1997] (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.] Chapter - III Objects and Functions of the Farmers‟ Organisations Objects. 16. 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 43[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. Functions of 17. The water users‟ association shall perform the following Water Users‟ functions, namely:- Association. (a) to prepare and implement a warabandi schedule for each irrigation season, consistent with the operational plan, based upon the entitlement, area, soil and cropping pattern as approved by the distributory committee, or as the case may be, the project committee; 43. Inserted by Act No.7 of 2003. [Act No.11 of 1997] 23 (b) to prepare a plan for the maintenance of irrigation system in the area of its operation at the end of each crop season and carry out the maintenance works of both distributory system and minor and field drains in its area of operation with the funds of the association from time to time 44[subject to such terms and conditions as may be prescribed;] (c) to regulate the use of water among the various pipe outlets under its area of operation according to the warabandi schedule of the system; (d) to promote economy in the use of water allocated; (e) to assist the revenue department in the preparation of demand and collection of water rates; (f) to maintain a register of landholders as published by the revenue department; (g) to prepare and maintain a register of co-opted members; (h) to prepare and maintain an inventory of the irrigation system within the area of operation; (i) to monitor flow of water for irrigation; (j) to resolve the disputes, if any, between the members and water users in its area of operation; (k) to raise resources; (l) to maintain accounts; 44. Added by Act No.39 of 2005. 24 [Act No.11 of 1997] (m) to cause annual audit of its accounts; (n) to assist in the conduct of elections to the Managing Committee; (o) to maintain other records as may be prescribed; (p) to abide by the decisions of the distributory and project committees; (q) to conduct general body meetings, as may be prescribed; (r) to encourage avenue plantation on canal bunds and tank bunds by leasing such bunds; 45[XXX] (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 (u) to maintain the feeder channels of minor irrigation tanks by the respective water users association in the manner prescribed.] Functions of 18. The distributory committee shall perform the following distributory functions namely:- committee. (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. 46. Added by Act No.7 of 2003. [Act No.11 of 1997] 25 (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;] (c) to regulate the use of water among the various water users‟ associations under its area of operation; (d) to resolve disputes, if any, between the water users‟ associations in its area of operation; (e) to maintain a register of water users associations in its area of operation; (f) maintain an inventory of the irrigation system in the area of its operation, including drains; (g) to promote economy in the use of water allocated; (h) to maintain accounts; (i) to cause annual audit; (j) to maintain other records as may be prescribed; (k) to monitor the flow of water for irrigation; (l) to conduct general body meetings as may be prescribed; (m) to abide by the decisions of the project committee; 47. Added by Act No.39 of 2005. 26 [Act No.11 of 1997] (n) to cause regular water budgeting and also the periodical social audit as may be prescribed; (o) to assist in the conduct of elections to the Managing Committee; 48[XXX] (p) to encourage avenue plantations in its area of operation; 49[(q) to encourage modernization of agriculture in its area of operation.] Functions of 19. The project committee shall perform the following Project functions, namely:- Committee. (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; (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;] (c) to maintain a list of the distributory committees and water users association in its area of operation; (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. 49. Added by Act No.7 of 2003. 50. Added by Act No.39 of 2005. [Act No.11 of 1997] 27 (e) to resolve disputes, if any between the distributory committees; (f) to promote economy in the use of water; (g) to maintain accounts; (h) to cause annual audit of its accounts; (i) to maintain other records as may be prescribed; (j) to conduct general body meetings as may be prescribed; (k) to cause regular water budgeting and also the periodical social audit as may be prescribed; 51[XXX] (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 Power to levy and purposes of this Act, achieving the objects of the collect fee. 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 Appointment of such officer from the Irrigation and Command Area Competent Authorities and Development Department, or any other Department or their functions. 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. 52. Added by Act No.7 of 2003. 53. Substituted with marginal heading by Act No.7 of 2003. 28 [Act No.11 of 1997] (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.] CHAPTER - IV RESOURCES Resources of 22. The funds of the farmers‟ organisation shall comprise Farmers‟ of the following, namely:- Organisation. (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; [Act No.11 of 1997] 29 (v) fees collected by the farmers‟ organisation for the services rendered in better management of the irrigation system; and (vi) amounts received from any other source. CHAPTER - V Offences and Penalties 23. Whoever without any lawful authority does any of the Offences and following acts, namely:- Penalties. (a) damages, alters, enlarges, or obstructs any irrigation system; (b) interferes with, increases, 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 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; (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 gauge or any other mark or sign fixed by the authority of a public servant; and (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; 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. Punishment under 24. Nothing in this Act shall prevent any person from being other laws not prosecuted and punished under any other law for the time barred. 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. Composition of 25. (1) A farmers‟ organisation may accept from any offences. 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. CHAPTER - VI Settlement of disputes Settlement of 55[26. (1) Any dispute or difference touching the disputes. 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. [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 Appeals. 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 Records. 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; 56. Substituted with marginal heading by Act No.7 of 2003. 32 [Act No.11 of 1997] (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. 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.] Audit. 29. Every farmers‟ organisation shall get its accounts audited in the manner prescribed. Recovery of dues. 30. All the amounts payable or due to a farmers‟ organisation shall be recovered as arrears of land revenue. Meetings. 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. Resignation. 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. 58. Added by Act No.7 of 2003. 59. Substituted with marginal heading by Act No.7 of 2003. [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 Appointment of a Commissioner to exercise general control and Commissioner. superintendence over the competent authorities and the District Collectors, in performance of their functions under this Act or the rules made thereunder. (2) The powers to be exercised and the functions to be performed by the Commissioner shall be such as may be prescribed. 34. The Government may by notification appoint an officer Transitional or officers 60[or the outgoing President or Chairman of the arrangements. farmers‟ organization whose performance is adjudged as good, as prescribed] to exercise the powers and perform the functions of a farmers‟ organization and the managing committee thereof till such time such farmers‟ organisation is duly constituted or reconstituted and such managing committee assumes office under the provisions of this Act. 35.

All permissions, orders, decisions, notices and other Authentication of documents of the farmers‟ organisation shall be orders and documents of the authenticated, by the signature of the chairman or president Farmers‟ of the farmers‟ organisation or any other member of the Organisation. managing committee, authorised by the managing committee in this behalf. 36. No acts or proceedings of the managing committee of Acts not to be a farmers‟ organisation shall be invalid by reason only of the invalidated by informality or existence of any vacancy in, or defect in the constitution of, vacancy etc. the said committee. 60. Inserted by Act No.7 of 2003. 34 [Act No.11 of 1997] 37. (1) The farmers‟ organisation shall keep their funds in a Deposit and administration of Nationalised Bank or a Co-operative Bank, namely a Primary the funds 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. Sinking Fund. 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) 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‟ Budget. 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. Protection of acts 40. No suit, prosecution or other legal proceedings shall done in good be, instituted against any person for anything which is, in faith. 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. [Act No.11 of 1997] 35 41. (1) If any difficulty arises in giving effect to the Power to remove provisions of this Act or as to the first constitution or difficulties. reconstitution of any farmers‟ organisation after the commencement of this Act, the Government as the occasion may require, by order published in the 62Telangana 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. 63[41-A. (1) Notwithstanding anything contained in this Act, Power to give it shall be competent for the Government or as the case may directions. 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. (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 62. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 63. Section 41-A substituted with marginal heading by Act No.7 of 2003. 36 [Act No.11 of 1997] 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. (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 64Telangana Revenue Act II of 1864. 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. (4) 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.] 65[41-B. The Government or the Commissioner may either Revision by the on its own accord or on application made call for and Government or examine the records of any Committee of a farmers‟ the Commissioner. 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.] 64. Adapted in G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 65. Inserted with marginal heading by Act No.1 of 1999. 38 [Act No.11 of 1997] Savings. 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] Power to make 43. (1) The State Government may, by notification in the rules. 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. * * * 66. Section 42 (1) renumbered as section 42, and sub-section (2) omitted by Act No.7 of 2003. 67. Substituted by Act No.41 of 2006.