The Andhra Pradesh Irrigation Utilisation and Command Area Development Act, 1984.
**THE ANDHRA PRADESH IRRIGATION UTILISATION**
**AND COMMAND AREA DEVELOPMENT ACT, 1984**

**ACT No.15 OF 1984**

**ARRANGEMENT OF SECTIONS**

**SECTIONS**

**CHAPTER I**
**PRELIMINARY**

1. Short title, extent and commencement

2. Definitions

**CHAPTER II**
**CONSTITUTION OF COMMAND AREA DEVELOPMENT AUTHORITY,**
**APPOINTMENT OF COMMISSIONER,**
**PIPE COMMITTEE AND AGENCIES, ETC.**

3. Constitution of Command Area Development Authority and its
functions.

4. Appointment of a Commissioner

5. Constitutions of a pipe committee and its functions

6. Irrigation Officer to carry out works on failure of pipe committee

7. Power to constitute board committees, etc.

**CHAPTER III**
**OBLIGATIONS OF LAND HOLDERS**

8. Obligations of land holders

9. Farm management

10. Safeguarding adjacent holdings

**CHAPTER IV**
**SYSTEMATIC LAND DEVELOPMENT**

11. Formation of units

12. Power of Commissioner to specify command areas for
systematic land development

13. Construction of field channels

14. Power to enter and Survey, etc.

15. Preparation of the scheme for systematic land development

16. Implementation of systematic land development scheme

17. Acquisition of land for irrigation system under a pipe outlet

18. Preparation of records after systematic land development

**CHAPTER - V**
**REGULATION OF IRRIGATION AND EQUITABLE**
**WATER USE MANAGEMENT**

19. Power of Irrigation Officer to regulate irrigation system

20. Liability for unlawful use of water or when water runs to waste

21. Stoppage of water supply


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22. Supply of water for irrigation of one or more crops

23. Settlement of disputes regarding distribution of water

**CHAPER-VI**
**LOCALISATION OF COMMAND AREAS AND**
**REGULATION OF CROPPING PATTERN THEREIN, ETC.**

24. Power specify principles Localisation

25. Classification of lands for raising different crops according to
availability of

26. Power to prohibit growing of certain kinds of crops and to
regulate the period of sowing and duration, of crops

27. Power to levy and collect road cess

**CHAPTER-VII**
**CREDIT FACILITIES**

28. Power to select financing agency

29. Loans to ineligible and recalcitrant land holders

30. Creation of charge on land

31. Alterations of extent of boundaries of mortgaged land under the
scheme for systematic land development

32. Exemption from certain duties and fees

33. Registration of document executed on behalf of a financing
agency, etc

**CHAPTER-VIII**
**OFFENCES AND PENALTIES**

34. Penalties

35. Abetment of offences

36. Punishment under other laws not barred

37. Summary disposal of cases

38. Power to remove and take into custody person obstructing

39. Payment of rewards to informants

40. Composition of offences

**CHAPTER-IX**
**MISCELLANEOUS**

41. Obligation of land holders of land adjacent to notified
command area

42. Recovery of duties as arrears of land revenue

43. Bar of jurisdiction of Civil courts

44. Power to summon and examine witnesses

45. Revision of Commissioner

46. Power of revision by Government


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47. Power to make rules

48. Act to override other laws

49. Power to remove difficulties

50. Savings in respect of Ad-hoc Command Area Development
Authority

51. Repeal of Ordinance 32 of 1983


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**THE ANDHRA PRADESH IRRIGATION UTILISATION**
**AND COMMAND AREA DEVELOPMENT ACT, 1984**

**ACT No.15 OF 1984**

[22[nd] March, 1984]

**AN** **ACT** **TO** **PROVIDE** **FOR** **AN** **ACCELERATED** **INCREASE** **IN**
**AGRICULTURE AND ALLIED PRODUCTION IN THE STATE OF**
**ANDHRA PRADESH THROUGH A PROGRAMME OF COMPREHENSIVE**
**AND SYSTEMATIC DEVELOPMENT ON SCIENTIFIC AND MODERN**
**LINES OF COMMAND AREAS, COMPRISING MEASURES, FOR**
**OPTIMUM USE OF LANDS AND WATER, PREVENTION OF LAND**
**EROSION** **AND** **WATER** **LOGGING,** **IMPROVEMENT** **OF** **SOIL**
**FERTILITY AND REGULATION OF CROPPING PATTERN, AND FOR**
**PROPER MAINTENANCE AND UPKEEP OF IRRIGATION SYSTEMS IN**
**THE STATE FOR ENSURING MAXIMUM BENEFITS TO THE**
**CULTIVATORS UNDER THE COMMAND AREAS AND FOR THE**
**MATTERS CONNECTED THEREWITH.**

BE it enacted by the legislature of the State of Andhra Pradesh in the
Thirty-fifth Year of the Republic of India as follows:
**CHAPTER I**
**PRELIMINARY**

**1. Short title, extent and commencement – (1) This Act may be called the**
Andhra Pradesh Irrigation Utilisation and Command Area Development Act,
1984.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) All the provisions of this Act shall be deemed to have come into force
on the 14[th] January, 1984 in respect of the following command areas namely:
(1) the Nagarjunasagar Project Left Canal;
(2) the Nagarjunasagar Project Right Canal;
(3) the Sriramsagar Project;
(4) the Tungabhadra Project; and

they shall come into force in respect of other areas on such date as
the Government may, by notification appoint; and they may
appoint different dates for different areas and for different
provisions of this Act.

**2. Definitions - In this Act, unless the context otherwise requires:-**

(1) “command area” means an area irrigated or capable of being irrigated
either by gravitational flow or by lift irrigation or by any other method, under
an irrigation system, project or source and includes every such area whether it
is called “ayacut” or by any other local name in any law in force in the State;

(2) “command area development authority” means an authority
constituted under section 3;

(3) “Command Area Development Work” means any work undertaken
under this Act;

(4) “Commissioner” means the Commissioner of command area
development for the State appointed under section 4 and includes such other
person in whom all or any of the powers of the Commissioner under this Act
are conferred by the Government in respect of one or more command areas;


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(5) “comprehensive command area development” includes
(a) systematic land development for conservation of land and
water;

(b) Water use management for optimum use of water, including
irrigation by turns, volumetric measurement of water and other
enabling measures to avoid waste, water logging, salinity, alkalinity
and the like;

(c) conjunctive use of surface and ground water for multiple
cropping and proper utilization of available water resources;

(d) modernisation and remodeling of existing irrigation systems for
optimum use of water and land resources; and

(e) regulation, maintenance and repairs of irrigation systems;

(6) “credit officer” means an officer of the cooperative department
appointed as such by the Government for the purpose of securing finance for
the systematic land development, agricultural operation and other allied
activities.

(7) “distribution system” includes
(a) all main canals, branch canals, distributaries and minor canals
constructed for the supply and distribution of water for irrigation;

(b) all works, structures and appliances connected with the
distribution of water for irrigation;

(c) all field channels and farm channels and related structures
under a pipe outlet;

(8) “District Collector” means the Collector of a district in which the
command area is situated and includes the Administrator of a Command Area
Development Authority, if any, and any officer specially appointed by the
Government for performing all or any of the functions of the District Collector
under this Act;

(9) “drainage system” includes—

a) channels either natural or artificial, for the discharge of waste or
surplus water and all works connected therewith or ancillary
thereto;

(b) escape channels from an irrigation or distribution system and
other works connected therewith but does not include works for
removal of sewage;

(c) all collecting drains and main drains to drain off surplus water
from field drains;

(d) all field drains and related structures under pipe outlet;

(10) “field channel” includes a channel constructed or to be constructed
by the Government or by the land holder or by any other agency to receive and
distribute water from a pipe outlet;

(11) “field drain” includes a channel excavated and maintained by the
land holder or by any other agency on his behalf to discharge waste or surplus
water from the land holding under a pipe outlet; and includes drains, escape
channels and other similar works constructed or to be constructed and
maintained by the owners or occupiers or by the Government on their behalf
and at the cost of the owners or occupiers;

12) “field road” means a road serving lands under a pipe outlet and built
at the cost of land holders;


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(13) “financing agency” means any commercial bank or any co-operative
society, including a co-operative agricultural development bank, the main
object of which is to lend money, or any regional rural bank established under
the Regional Rural Banks Act, 1976; and includes any other agency selected
for providing credit facility for comprehensive command area development;

(14) “Government” means the State Government of Andhra Pradesh;

(15) “Irrigated dry land” or “Irrigated land” means land localised for light
irrigation of crops, other than paddy, sugarcane and banana;

(16) “Irrigation Officer” in relation to a command area means an officer of
the Revenue Department, not below the rank of a Revenue Divisional Officer,
having jurisdiction over such area or an Officer, of the Irrigation Department
not below the rank of a Deputy Executive Engineer, exercising control over the
irrigation system in the command area and includes any other officer
appointed by the Government to perform the functions of an Irrigation Office
under this Act;

(17) “Irrigation system” includes—

(a) the distribution system;

(b) the drainage system;

(18) “Irrigation system under a pipe outlet” includes the field channel and
field drains, with all the related structures thereto;

(19) “Land Development Officer” means an Officer of the Agriculture
Department not below the rank of an Assistant Director of Agriculture or an
officer of the Irrigation Department not below the rank of a Deputy Executive
Engineer or any other officer, appointed as such by the Government, to have
jurisdiction, and to exercise control over the whole or part of a command area
for the purpose of systematic land development;

(20) “Land holders” means a person in actual possession of the land,
whether as an owner or as a tenant or sub-tenant or as a mortgage in
possession or as a licensee, or otherwise and includes a person who is likely to
be benefited by the command area development work, and the expression “land
holding” shall be construed as land held by a land holder;

(21) “notification” means a notification published in the Andhra Pradesh
Gazette, and the expression “notified” shall be construed accordingly;

(22) “pipe-outlet” means an opening or contrivance constructed by the
Government in an irrigation system through which water is delivered for
irrigation at the periphery of the localized area ordinarily not exceeding forty
hectares;

(23) “prescribed” means prescribed by rules made by the Government
under this Act.

(24) “systematic land development” includes all or any of the following
works;
(a) construction of field channels with related structures;

(b) construction of field drains with related structures;

(c) land shaping, including grading, leveling building and the like;

(d) realignment of field boundaries and rectangularisation of plots
and consolidation of land holdings under a pipe outlet or under an
adjacent pipe outlet, wherever necessary, for efficient farm
management;

(e) lining of field channels, wherever necessary with suitable
material to prevent sewage of water;

(f) construction of field road with related structures;


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(25) “warabandi” means the system of equitable distribution of water by
turns according to a schedule prepared by the prescribed authority specifying
the day, time and duration of supply of water to each land- holder in
proportion to his land-holdings in the pipe-outlet command;

(26) “wet land” means land localized for heavy irrigation of crops, like
paddy sugarcane and banana.

**CHAPTER –II**
**CONSTITUTION OF COMMAND AREA DEVELOPMENT AUTHORITY,**
**APPOINTMENT OF COMMISSIONER, PIPE COMMITTEE AND OTHER**
**AGENCIES, ETC.**

**3. Constitution of the Command Area Development Authority and its**
**functions - (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 the 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 utilization 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 propagation, 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 centers;


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(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 subsection(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.

**4. Appointment of a Commissioner - (1) There shall be appointed by the**
Government, by notification, a Commissioner of Command Area Development
for the State of Andhra Pradesh to be in charge of Command Area Development
in the whole of the State. The Government may, by notification, also appoint as
many persons as they consider necessary to exercise the powers and perform
the functions of the Commissioner under this Act in relation to such command
areas as may be specified in the said notification.

(2) The powers to be exercised and the functions to be performed by the
Commissioner shall be such as may be prescribed.

(3) The Commissioner shall exercise general control and superintendence
over the Credit Officer, Irrigation Officer and Land Development Officer in the
performance of their functions under this Act or the rules made there under.

**5. Constitution of a pipe committee and its functions - (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 landholders 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 [1][three years]
from the date of assumption of their respective offices.

2[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;

1. Substituted by the Act No. 1 of 1993, S.2.
2. Proviso added by the Act No. 1 of 1993, S.2.


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(e) to prevent unauthorized 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.

**6. Irrigation Officer to carry out works on failure of pipe committee - 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, carryout the said obligations and recover the costs
thereof from the land holders in the manner provided in section 5.

**7. Power to constitute board committees, etc. - 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.

**CHAPTER III**
**OBLIGATIONS OF LAND HOLDERS**

**8. Obligations of a land holder -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.

**9. Farm management - 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.

**10. Safe guarding adjacent holdings - 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.

**CHAPTER IV**
**SYSTEMATIC LAND DEVELOPMENT**

**11. Formation of units - 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

**12. Power of Commissioner to specify command areas for systematic land**
**development - 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 installments and also
specify the officers for command area development works in such command
areas.

**13.** **Construction of field channels - (1) Whenever it appears to the**
Government that the construction of field channels is expedient for the supply
of water to the lands immediately after or simultaneously with the availability
of water in the main irrigation system, the Government may, by notification,
declare the command area under an irrigation system or project or source for


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the purpose of applying the provisions of this section.

(2) On the issue of the notification, the Land Development Officer shall have
power to enter upon any land and make survey of such land to determine the
most suitable alignment for the field channel so as to convey water to every
land under a pipe outlet and mark out the land which, in his opnion, is
necessary for the construction of the field channel.

(3) The Land Development Officer shall thereupon publish a scheme in the
prescribed manner giving details of the lands through which the field channel
is proposed to be taken and specifying the areas and the names of persons
likely to be affected.

(4) Every person likely to be affected may submit a petition to the landDevelopment Officer stating his objections, if any, to the proposed construction
of the field channel within fifteen days of publication of the scheme. The Land
development Officer shall finalise the scheme after considering the objections, if
any, and publish it in the manner prescribed. An appeal against an order of the
Land Development Officer may be filed before the District Collector within
fifteen days of the publication of the scheme.

(5) The Land Development Officer shall, after the expiry of the period of
appeal, or where an appeal is filed before the District Collector, subject to the
result of appeal, cause the field channel to be constructed so as to convey
water to every land under a pipe outlet.

(6) Notwithstanding anything in the [1][Land Acquisition Act, 1894, (Central
Act 1 of 1894)] it shall be lawful for the Land Development Officer to enter upon
lands required for the construction of field channel and to cause construction
of the field channel as if a declaration had been made by the State Government
for the acquisition therefore under section 6 of that Act and as if the State
Government had thereupon directed the Collector to take order for the
acquisition of such land under section 7 of the said Act and as if the State
Government had issued orders for immediate possession being taken under
section 17 of the said Act.

(7) The Land Development Officer shall, after the construction of the field
channel, fix the boundary marks in the prescribed manner and thereupon the
ownership of such land shall best in the Government.

(8) When the land through which the file channel passes is not benefited
there from, the owner for such land shall be paid an amount calculated at the
rate at which the land required for construction of field channel at the nearest
point from which the pipe outlet has been taken, has been acquired:

Provided that where question arises as to whether the amount payable
under this sub-section corresponds to the market value of the land, it shall be
referred to the District Collector, whose decision thereon shall be final.

(9) Notwithstanding that the cost of construction of the field channel is met
by the Government the responsibility for maintenance of the field channels,
shall vest with the pipe Committee; and the beneficiaries of the field channel
shall not acquire any right other than that of use only.

(10) Any person, resisting the exercise of the powers, or having control over
the property fails to give all facilities for their being exercise, shall be deemed to
have committed an offence under section 188 of the India Penal Code,
1860(Central Act 45 of 1860).

**14. Power to enter and Survey, etc., - (1) The Land Development Officer, or**
any person authorised by him in this behalf may
1. Please refer to the provisions of Central Act 30 of 2013, wherein this Act has been repealed.


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(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 regulating and management of land and
water:

Provided that if the Land Development Officer or other
persona 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 court-yard 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.

**15. Preparation of the scheme for systematic land development -** (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 relocalisation or re-alignment of the pipe outlet and re-alignment of the existing
irrigation system, survey numbers covered, field boundaries, 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 publications.

(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 finalized in such form and manner as
may be prescribed (thereinafter in this chapter referred to as the approved
scheme).

**16. Implementation of systematic land development scheme – (1) After the**
approved scheme has been published by the Land Development Officer, or
where proceeding is pending before the District Collector under sub-section (4)
of section 13 after it has been disposed 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.


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(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.

**17. Acquisition of land for irrigation system under a pipe outlet – (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 readjustment 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 communication of an order in that behalf, to the District Collector. 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.

**18. Preparation of records after systematic land development – (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 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 matte 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.

**CHAPTER - V**
**REGULATION OF IRRIGATION AND EQUITABLE**
**WATER USE MANAGEMENT**

**19. Power of Irrigation Officer to regulate irrigation system – (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;:


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(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 subsection (1) shall lie to the District Collector within fifteen days from the date of
making of such order.

**20. Liability for unlawful use of water or when water runs to waste - (1) If**
water supplied from an irrigation system is put to unauthorized or unlawful
use, the person by whose act or negligence such use has occurred, or if such a
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 person
chargeable in respect of the water supplied from such irrigation system, shall
be liable, severally or jointly as the case may be, for imposition of such charge
as may be levied by the competent authority therefore 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 unauthorized or unlawful use,
namely:
(i) when an area is not localised under an irrigation system;

(ii) when an area which is localised as irrigated day, 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
water shall not be a bar for launching prosecution for any offence connected
with such use or waste.

(4) All charges for the unauthorised 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


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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.

**21. Stoppage of water supply – (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 filed 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
stoppage 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 subsection(1).

**22. Supply of water for irrigation of one or more crops - 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.

**23. Settlement of disputes regarding distribution of water - (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 interested 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


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between the parties and if such compromise could not be brought, it shall,
after hearing the parties concerned pass such order as it deems fits:

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 landholders, any such land holder may, after paying the costs apportioned to him
by the pipe committee, prefer an appeal to the Irrigation Officer with in 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 thereon 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.

**CHAPER-VI**
**LOCALISATION OF COMMAND AREAS AND REGULATION OF**
**CROPPING PATTERN THEREIN, ETC.**

**24. Power specify principles Localisation - (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 localisaiton so specified
for any command area.

**Explanation- The term “principles of localisaiton” shall include the**
prescription of season of the irrigation, the type of irrigation, such as wet,
irrigated dry, double crop, or single crop, or perennial irrigation.

**25.** **Classification of lands for raising different crops according to**
**availability of water - 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.

**26. Power to prohibit growing of certain kinds of crops and to regulate the**
**period of sowing and duration of crops - (1) Whenever the Government are**
satisfied that for the better cultivation of land and the optimum utilization 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 declaration 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 declaration under subject (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


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irrigation system and the periods of sowing and duration in respect of nonprohibited crops 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 persons 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.

**27. Power to levy and collect road cess - (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 benefited by any scheme undertaken
under this Act.

(2) The rate at which the road cess shall be levied, the manner of
assessment and realization 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 rupees twelve and
paise thirty five per hectare of land in the command area.

**CHAPTER-VII**
**CREDIT FACILITIES**

**28. Power to select financing agency - 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 it nominee, for executing the scheme
for systematic land development.

**29. Loans to ineligible and recalcitrant land holders - (1) Where a land-**
holder is ineligible to obtain credit under the normal rules of the financing
agency relating to advancing of loans, the Credit Officer shall arrange for the
grant of special loan to such ineligible land-holders by such agency as may be
selected by him.

(2) The said agency shall advance special loans to the ineligible landholders through the Command Area Development Authority or its nominee, for
executing the scheme for systematic land development, from out of the land
created by the Government for the purpose.

(3) Where any land-holder included, in the scheme for systematic land
development is unwilling either to deposit the money as required under subsection (2) of section 16 or to incur the expenditure by himself, or to obtain
credit facility under section 28 or sub section (1) of this section, for the
systematic development of his land, the Credit Officer shall select a financing
agency, or any other agency, for the purpose of advancing such amount as may
be required towards the cost thereof to the Command Area Development
Authority which shall be treated as the borrower. The Land Development
Officer or the nominee of the Command Area Development Authority shall
receive the said amount on its behalf for the development of the lands of such
land-holder, and the said amount shall, notwithstanding anything in any other
law for the time being in force, be deemed to have been advanced as a loan or
special loan by the aforesaid agency to the land-holder concerned, as if he had
applied for such loan:

Provided that where the aforesaid agency is the Co-operative Agricultural
Development Bank, the said amount shall be deemed to have been advanced as
a loan by the said bank to the land-holder concerned, as if he were a member
eligible for such loan.


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**30. Creation of charge on land - 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 the aforesaid agency is the Co-operative
Agricultural Development Bank, the loan amount may be recoverable in the
manner provided by sections 101 to 106 of the Andhra Pradesh Co-operative
Societies Act, 1964 (Act 7 of 1964).

**31. Alterations of extent of boundaries of mortgaged land under the**
**scheme for systematic land development - Where on the implementation of**
the scheme for systematic land development, the extent or the boundaries of
the land shall alone from the substituted security for the land mortgaged.

**32. Exemption from certain duties and fees - If, in the opinion of the**
Government, it is necessary in the public interest so to do, they may, be
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 of 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.

**33. Registration of document executed on behalf of a financing agency,**
**etc - (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 matter provided
under this Act, or to sign 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 (Central Act
16 of 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.

**CHAPTER-VIII**
**OFFENCES AND PENALTIES**

**34. Penalties – (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;


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(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
under a pipe outlet neglects to take proper precaution for the
prevention of wastage of the water thereof 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 land holdings;

(d) corrupts or fouls, water of any irrigation system so as to render
it less fit for the purpose 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 or 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
extended to five hundred rupees:

(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 two hundred
rupees, but may extend to one thousand rupees or with
both.
(3) Whoever contrivances 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 five hundred rupees.

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

**35. Abetment of offences - 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.

**36. Punishment under other laws not barred - 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.

**37. Summary disposal of cases - (1) Notwithstanding anything in the Code of**
Criminal Procedure, 1973(Central Act 2 of 1974), 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 Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

**38. Power to remove and take into custody person obstructing - Any officer**
or authority in-charge of or employed on any irrigation system may, remove
from the land or any building thereon, or take into custody without a warrant


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and forthwith handover to a police officer in-charge of the nearest police
station, any person who within his view—

(a) willfully 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.

**39. Payment of reward to informants - (1) Whenever any fine is imposed for**
an offence under this Act, the court which imposes such fine or which confirms
in appeal or revision a sentence of such fine, or a sentence of which such fine
forms part, may direct that the whole or any part of such fine may be paid by
way of reward to any person who gave information leading to the detection of
such offence or to the conviction of the offender.

(2) If any such fine is ordered to be paid as reward by a court whose
decision is subject to appeal the amount ordered to be so paid, shall not be
paid until the period prescribed for presentation of the appeal has elapsed, or if
an appeal is preferred, until after the disposal of the appeal.

**40. Composition of Offences - (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 two hundred rupees, 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-IX**
**MISCELLANEOUS**

**41. Obligation of land holders of land adjacent to notified command area -**
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
(Act of XXII of 1949), and the Andhra Pradesh (Telangana Area) Land
Improvement Act, 1953(Act of XIX of 1953), or any other similar law for the
time being in force in respect of soil conservation measures required to be
taken therein.

**42. Recovery of dues as arrears of land revenue - 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.

**43. Bar of Jurisdiction of Civil Courts -** (1) No order passed or proceeding
taken by an officer or authority under this Act shall be called in question in
any court, in any suit or application and no injunction shall be granted by any


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court in respect of any action taken or about to be taken by such officer or
authority in pursuance of any power conferred by or under this Act.

(2) No suit, prosecution or other proceedings shall like against any officer
or servant of the Government for any act done or purported to be done under
this Act, without the previous sanction of the Government.

(3) No officer or servant of the Government shall be liable in respect of
any such act in any civil or criminal proceeding, if the act was done in good
faith in the course of execution of duties or the discharge of the functions
imposed by or under this Act.

(4) Save as otherwise provided in this Act, no suit shall be instituted
against the Government in respect of any act done unless the suit is instituted
within six months from the date of the act complained of.

**44. Power to summon and examine witnesses - 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
(Central Act 5 of 1908) and any such inquiry shall be deemed to be a judicial
proceeding.

**45. Revision by the submission - (1) The Commissioner may, either suo-motu**
at any time or on an application made to him within the prescribed period by
any person interested, shall call for and examine the record relating to any
decision or order passed or proceeding taken by any authority, or officer
subordinate to him under this Act for the purpose of satisfying himself as to
the legality or propriety of such decision or order or as to the regularity of such
proceeding and if, in any case, it appears to him that any decision, order or
proceeding should be modified, annulled, reversed or remitted for
reconsideration, he may pass order accordingly:

Provided that no order adversely affecting any person shall be passed
under this sub-section unless such person has been given an opportunity of
making a representation.

(2) The Commission may stay the execution of any such decision, order
or proceeding pending the exercise of his powers under sub - section (1) in
respect thereof.

**46. Power of revision by Government** - (1) The Government may, either
suo-motu or on an application made to them, call for and examine the record
relating to any decision or order passed by the Commissioner under this Act,
for the purpose of satisfying themselves as to the legality, regularly or propriety
of such decision or order and if in any case, it appears to them that any such
decision or order should be modified, annulled, reversed or remitted for
reconsideration, they may pass order accordingly.

Provided that no application for the revision of any such decision or order
shall be entertained after the expiry of sixty days from the date of such decision
or order:

Provided further that the Government shall not pass any order adversely
affecting any person unless such person has had an opportunity of making a
representation.

(2) The Government may stay the execution of such decision or order
pending the exercise of their power under sub-section (1) in respect thereof.

**47. Power to make rules** - (1) The Government may, by notification, make
rules to carry out all or any of the purposes of this Act.

(2) Every rule made under this Act, shall immediately after it is made, be
laid before each House of the State Legislature if it is in session and if it is not


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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 seasons, and
if, before the expiration of the session in which it is so laid or the session
immediately following, both Houses agree in making any modification 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.

(3) Any person contravening any rule under this Act, for the
contravention of which no special penalty is provided, shall be punished with
imprisonment for a term which may extend to one month or with fine which
may extend to five hundred rupees or with both:

Provided that no prosecution under this sub-section shall be instituted
without the previous sanction of the District Collector.

**48. Act to override other laws - The provision of this Act and the rules made**
there under 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.

**49. Power to remove difficulties - (1) If any difficulty arises in giving effect**
to any provision of this Act, the Government may, be notification, make such
provisions not inconsistent with the provisions of this Act, as appear to them to
be necessary or expedient for the purpose of removing the difficulty:

Provided that no such notification shall be issued under this section after
the expiry of two years from the date of commencement of this Act.

(2) Every notification issued under this section shall be laid before each
House of the State Legislature and the provisions of sub-section (2) of section
47 shall apply in respect of such notification as it applies in respect of a rule
made under this Act.

**50. Savings in respect of Adhoc-Command Area Development Authority -**
(1) A Command Area Development Authority constituted for any command area
or command areas, before the commencement of this Act, [1][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 things 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.

**51. Repeal of Ordinance 32 of 1983 - The Andhra Pradesh Irrigation**
Utilisation and Command Area Development Ordinance, 1983 is hereby
repealed.

1. Substituted by the Act No. 1 of 1993, S.3.


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