The Assam Farmers (Group Irrigation) Act, 1978
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# The Assam Gazette

-. ■ *                                           - - .

EXTRAORDINARY

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**PUBLISHED BY AUTHORITY**

              - 126 1, crcwv’ 1978, 10 voTtf, 1900

**.<io, 12 5** **Dispur, F r ila y , 1st** **S e p te m b e r , 1973 . 10th B h a d ra ,**

1S00 (S. E.)

GO VERN MEN T OF **ASSAM**

OR DERS BY TH E GOVERNOR

LEGISLATIVE DE PARTMEN T

**NOTIFICATION**

The 31st August 1978

No.LGL.335/75/188.—The following Act of the Assam Legislative

Assembly which received the assent of the President is hereby

published for general information.


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816 THE ASSAM GAZETTE, EXTRAORDINARY, SE?T. 1, 1978

**ASSAM ACT X OF 1978**

**(Receiv ed th e assent of the Pre side nt on 16th August, 1978)**

TH E ASSAM FA RM ER S (GR OUP IRRIGA TION )

ACT, 1978

**Act**

_to provide_ _for creation_ _of irrigation_ _potential_ _by the_

_formation of groups amongst farmers._

WHEREAS it is ex pe dien t to make provision

for crea ting irriga tion po tential th ro ug h utilisa ­
tio n of surface an d un de r-gr ou nd w at er by

fo rm ation of grou ps am ongst fa rm er s to ob tain

loan from Banks .

It is he reby enacted in th e Twen ty -n in th

Year of th e Republic of India as follow s :—

1- (1) This Act may be called th e Assam Far-

commence- mers (Group Irrigation) Act, 1978.

**ment.**

(2) It ex tend s to the wh ole of Assam.
(3) It shall com e into force at once.

Definition 2. In this Act, un less th er e is an ything re­

pu gn an t in the su bjec t or co ntex t,—

(a) ''a gricu ltura l la nd” includes land used

or capable of being used for raising of

crops, grass or ga rd en produce, ve ge t­

ables, seed farm ing, pisciculture, horti­

cu ltu re, grow ing of fruits or othe r

simila r pu rpose ;

(b) "b an k” in cl udes —

(i) a ba nk ing company as defined in sec­

tio n 5 of th e Banking Reg ulation Act,

1949,

(li) "S ta te Ban k of In di a” co nstituted

under the State Bank of India Act, 1955,


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TftE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 1, 1978 817

### (iii) a subsidiary Bank as defined in the
 State Bank of India (subsidiary Banks) Act, 1959,

 (iv) a "Corresponding new Bank” cons­
 tituted under section 3 of the Banking Companies (Acquisition and transfer
 of undertakings) Act, 1970,

 (v) the Assam Co-operative Central Land
 Mortgage Bank Limited constituted
 under the Assam Co-operative Land
 Mortgage Bank Act, 1960,

 (vi) a Co-operative Land Mortgage Bank
 registered under Assam Co-operative
 Societies Act, 1949,

 (vii) any other financial institution or a
 co-operative society which may be
 notified to be a Bank for the purposes of this Act by the State Government
 from tim e to time,

 (viii) "Regional Rural Bank” constituted
 under the Regional Rural Banks Act,
 1976,

 (c) "cropping patte rn” means a system of
 cultivation specified in a scheme for
 using agricultural land for any one or
 more or all of the following purposes—

 (i) raising of crops, grass or garden pro­
 duce and vegetables,

 (ii) seed farming,

 (iii) pisciculture,

 (iv) horticulture, (v) growing of fruits,
 (vi) other purposes as may be notified by
 the State Governm ent;


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81?' THE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 1, 19?8

(d) "defaulter” means any member of a

group who refuses to make any contri­

bution or take loan from a bank or fulfil
any obligation, financial or otherwise,

for implementing a scheme or fails to

repay by due date any instalment of the
loan taken for implementing the same ;

(e) "group” means an association consisting

of farmers not less than two in number
formed for the purpose of implementing
a scheme under this A c t;

(f) "Irrigation Officer” means an Executive

Engineer under the Irrigation Depart­

ment having jurisdiction over an area

and includes any other officer not below
the rank of a Subordinate Engineer of

the Irrigation Department authorised by

the Executive Engineer for the purpose of
this Act and further includes any other
categories of officials or agencies duly

notified by the State Government;

(g) "margin money” means the money

required to be paid by a farmer for

obtaining loan from a bank for imple­

menting a scheme framed under this A c t;

(h) "prescribed” means prescribed by rules

framed under this A ct;

(i) "scheme” means the details of any plan

of an irrigation work for using surface

water through lift and under-ground

water through wells in any agricultural
land to promote or increase or assure

agricultural produce prepared for the

purpose of rendering benefit to a group
of farmers ;

(j) "Superintending Engineer” means the

Superintending Engineer of the Irriga­

tion Departm ent;


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TttE ASSAM GAZETTE. EXTRAORDINARY, SEPT. 1, 1973 819

(k) "under-ground wa ter” means water avail­

able below top soil layers ;

(l) "w ell” means a well sunk for the search

for extraction of under-ground water

within any area for irrigation and inclu­
des an open well, dug well, bored well,

dug-CMTO-bored well, tube well and filter

Point.

_■ • a s_

. , 3. (1) An y two or more farmers owning or

g’opo oTfa^having a right in any agricultural land in Com­

mers and pact area may form a group and apply to the

pr^p aring[r]a Irrigation Officer in the prescribed manner re-

scheme. questing him to frame a scheme for the purpose

of implementation of the provisions of this Act.

(2) On receipt of such application, the Irriga­

tion Officer may enter upon any land proposed

to be affected by the scheme and make the

necessary enquiry or survey about the feasibility
of the scheme and if he is satisfied about the

feasibility of the scheme, he shall prepare a

draft scheme and forward it to the applicant

farmers for suggestions and objections.

(3) After considering such suggestions and

objections as may be made by the applicant far­
mers, the Irrigation Officer may make such

modifications in the draft scheme as he may

think fit, and the draft scheme, as so modified,

should be sent by him to the bank to enable it to
consider the feasibility of the scheme, the credit

worthiness of the farmers in question and the

question whether it is prepared to finance the

scheme.

(4) If the bank indicates its willingness to

finance the scheme, the Irrigation Officer shall

finalise the scheme and send a copy of the finalis­
ed scheme to the applicant farmers and also to

the bank.


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820 TIlE ASSAM GAZETTE, EXTRAO RD INAR Y, SEPT. 1. 1971

(5) On receipt of the notice from the Bank

each farmer shall deposit the margin money with
the Bank in the manner prescribed. If any far­
mer refuses or fails to deposit the margin money
within the time prescribed, any one or more of

the other farmers of the group concerned may
deposit the margin money of the defaulting

farmer with the Bank.

(6) Whenever required by the Bank, the

farmers will execute mortgage deed or deeds

of charge in respect of the lands made charge­
able for securing repayment of the loans to be
advanced by the Bank to the farmers the

o^Scheme'[11] 4. (1) When it appears to any Irrigation

on unwiiiingOfficer having jurisdiction over the area that

farmers. fram ing and implementation of a scheme under
this Act for any compact area is not possible

owing to the failure of any one farmers having interset in any portion of such or more of the _Jt_

area to join the group, he may, on being satisfi­
ed after giving an opportunity to the farmer of
being heard, in the manner as may be prescrib­
ed, that there is no reasonable ground for the

farmer or farmers refusing to join a group and
that such joining is necessary and essential in

the public interest, direct him to join the group
within such time as m ay be prescribed.

(2) If such farmer fails to join the group,

the other farmers of the group formed for the

purpose, may deposit the margin money in the

manner laid down in sub-section (5) of section

3 and thereafter all the provisions of this Act

shall apply to the defaulting farmer concerned.

Im ple m ent- 5[ (1) •] The Irrigation Officer or the group of

scheme, farmers, as the case may be, shall implement all

schemes, framed under this Act in the manner

prescribed.


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THE ASSAM GAZETTE, EXTRAORDINARY, SEPT. I, 19/8 821

(2) An y scheme, framed and implemented

under this Act shall be maintained by the group
of farmers in the manner prescribed.

(3) If the Irrigation Officer at any time finds

that the group of farmers has not im­

plemented or maintained the scheme or has failed

or refused to do so, he may, after giving in

writing a notice to the farmers, carry out such

implementation and maintenance and the cost

incurred for s-uch implementation or main­

tenance shall be recoverable from farmers as

public demand under the Bengal Public Demands

Recovery Act, 1913.

**Penalty for** 6. An y farm er of a group, refusing to adopt

to the the cropping pattern specified m a scheme or

**»cheme.** obstructing the construction of field channels or

other works necessary for the purposes of dis­

tribution of irrgation water to every part of the
area as required under the scheme, shall be

punishable with imprisonment for a term which
may extend to three months or with a fine which
may extend to five hundred rupees or with both.

**Charge over** 7. Notwithstanding anything in any mor-

crops. tgage deed or loan bond executed by a farmer

for obtaining a loan for the purpose of imple­

menting a scheme under this Act the mortgagee
Bank shall have a first charge over the crops that
may be raised on the land included in the

scheme:
%&*%**" ......~ :

Provided that if the Bank financing the in­

vestment under the scheme is not financing the
farmers for raising crops and such crop loans

are given by another financial institution for

raising that crops shall have proportionate

charge over the crops,


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822 THE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 1, 1978

Appeal agai­nst order of 8. (1) Any farm er aggrieved by any order
Irrigation passed by an Irrigation Officer under the provi­

Officer. sions of this Act may appeal, in the manner

prescribed, within fifteen days from the date of
receipt of the order, to the Superintending

Engineer of the Irrigation Department having

jurisdiction over the area in which the agricul­

tural land of the farm er concerned is situated.

(2) The Superintending Engineer, after giv­

ing an opportunity to the parties to be heard,

may within fifteen days of the date of appeal,

confirm or modify the order of the Irrigation

Officer or reject the appeal or remand the case

for decision of the Irrigation Officer in the light
of observations made by the Superintending

Engineer.

Application . 9 m An y farmer, aggrieved by an order

passed by the Superintending Engineer under the
provisions of sub-section (2) of Section 8, may

apply in the manner prescribed to the State

Government within fifteen days of the date of C

passing of the order for revising the same on

the ground of hardship.

(2) The State Government may, within

fifteen days of the date of appeal, call for the

records of the case and pass orders as may be

deemed fit, and such orders shall be final.

Bar of juris- 10. (1) Except as provided in Sections 8 and

court’s11 »°[f] 9 above, no order passed in exercise of any

Tribu nals power conferred by or under this Act shall be

called in question in any proceedings before a

court or tribunal or any other authority.

(2) No Civ il Court shall have jurisdiction in

respect of any matter or action which the Irriga­
tion Officer, Superintending Engineer or the

State Government is empowered by or under

this Act to determine or take and no injunction

shall be granted by any court or other authority
in respect of any action taken or to be taken in
nursuance of any power conferred by or under
this Act,


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THE ASSAM GAZETTE. EXTRAORDINARY, SEPT 1, 1978 823

s.ctioiu'takcn N o s u i t o r other legal proceedings shall

_i a good faith.lie_ against any person for anything in good faith

done or intended to be done in pursuance of any
of the provisions of this Act or of any rule or

order framed or made thereunder.

**r emove** o b s- 12. when for the purpose of making any

tructionsetc.e n qUir y o r survey, whether in the course of

framing of a scheme under this Act or other­

wise, the Irrigation Officer finds that it is

expedient to remove any obstruction or clear

any part of the land or any standing crop or

cut down trees or jungles from any such land
he may ask the farmers to remove such

obstructions or crops or jungles and to cut

down trees within such time as may be

specified in writin g by him and if the farmers

either refuse or neglect to comply with any such
order the Irrigation Officer shall himself arrange
removal of the obstructions or crops or jungles
and cut down trees, as the case may be, and the
costs for such removal or cutting down shall be
treated as costs for implementing the scheme and
shall be recoverable from the farm ers as public
demand under Bengal Public Demands Recovery
Act, 1913, in such proportion as may be speci­

fied in writin g by the Irrigation Officer.

**Recovery of** 13. m When any farmer refuses to pay the

margin money payable by him or refuses to

obtain any loan for implementing a scheme, the
Irrigation Officer shall apportion the expenditure
incurred in implementing or maintaining the

scheme amongst all the farmers of the group

and the defaulter’s share of such expenditure

shall be recoverable from him as a public

demand under Bengal Public Demands Recovery
Act, 1913, and payments should be made to the
other farmers of the Group and their loan

accounts with the Bank in appropriate propor­

tions.


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824 TH E ASSAM GAZETTE, EXTRAO RD INAR Y, SEPT. 1, 1978

## ■ ... . (2) Notwithstanding any terms and condi­
 tions provided for in the mortgage deed or loan bond executed by a farmer of a group for the implementation of a scheme under this Act, if any farmer of the group defaults in payment of any instalment of the loan, due from him, such instalment of the loan shall be recoverable from him as a public demand under Bengal Public Demands Recovery Act, 1913 :

 Provided that the provisions of Bengal
 Public Demands Recovery Act, 1913 shall not be applied against the defaulting farmers except on application by the Bank concerned to the Col­ lector of the District or such other authority as may be empowered by the State Government in this behalf.

 ofSffenceCby 14. No court shall take cognizance of any
 court. offence punishable under this Act or of abetment of any such offence save on complaint made by an officer authorised by the State Government in this behalf.

Effec t_ ° f 15. The provisions of this Act and the rules

## the AcHnco-made thereunder shall have effect notwith-

nsistent with standing anything inconsistent therewith contained
oth er laws* . j i t
## m any other law.

 Power to 16 (1) The State Government may, by noti- make rules. fi ti i
c a o n n the Official Gazette, make rules for

## carrying out the purposes of this Act.

 (2) In particular, and without prejudice to
 the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:—

 (a) the manner in which the application for
 farming a scheme under sub-section (1) of Section 3 is to be made;


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TH E AS SA M GA ZE TT E. EX TR AO RD INAR Y, SEPT. 1, 1978 825

(b) the manner in which margin money is

to be deposited with the bank and the

time for deposit thereof under sub-section

(3) of Section 5 ;

(c) the manner for enforcement of the

scheme on unwilling farmers under sub­
section (1) of Section 4 ;

(d) the manner in which the scheme is to

be implemented and maintained under

sub-sections (1) and (2) of Section 5;

(e) the manner in which appeal is to be

made under sub-section (1) of Section 8 ;

$f) the manner in which the application for

revision is to be made under sub-section

(1) of Section 9 ;

'(g) and such other matters provisions where­

of is necessary to be made in the rules.

(3) Ev ery rule made under this Section shall

be laid as soon as may be after it is made, before

the Assam Legislative Assem bly while it is in

session for a total period of fourteen days which
may be comprised in one session or in two

successive sessions, and if, before the expiry of

the session in which it is so laid or the sessions
imm ediately following the Assam Legislative

Assem bly agree in making any modification in

the rule or the Assam Legislative Assembly

agree that the rule should not be made, the rule
shall thereafter have effect, only in such modi­
fied form or be of no effect, as the case may be;
so however, that any such modification or annul­
ment shall be without prejudice to the valid ity of
anything previously done under that rule.

**U. TAHBILDAR,**

**Secretary to the Govt,** **of Assam,**

**Legislative Department.**

**Gauhati—Printed and published by the Supdt. i/c., Assam Govt. Printing Press,**

**(Bo-Gasstte) No.251—800—500—1-9-1978.**


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