The Assam Irrigation Water Users Act, 2004
###### -w /m Registered No. - 768/97

### V5PW

## THE ASSAM GAZETTE

#### EXTRAORDINARY

###### . ___ _ 2fL3 2RTf*T5

**P l BI** **ISIILI) BV At THORLLY______**

###### •S? 19 {v*!^ , <1*1*114, 19 2005, 29 1926 OPP)

 No.19 Djspur, Wednesday, 19th January, 2005, 29th Pausa, 1926 (ST.)

 GOVERNMENT OF ASSAM

 ORDERS BY THE GOVERNOR

 LEGISLATIVE DEPARTMENT : : : LEGISLATIVE BRANCH

 NOTIFICATION

 The 18th January, 2005

 No. EGE.83/2000/50.- The following Act of the Assam Legislative

 Assembly which received the assent o f the Governor is hereby published for

 general information.


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###### ASSAM ACT NO. V OF 2005
 (Received the assent o f the Governor on 13th January, 2005)

 THE ASSAM IRRIGATION WATER I SERS ACT, 2004.

AN

###### ACT

to provide for farmers' participation in the management of irrigation systems
and for matters connected therewith or incidental thereto.

Whereas it is expedient to provide for farm ers' participation in the

management of irrigation system for ensuring efficient and equitable supply
and distribution of water through farmers' Organisations to optimise
agricultural productions;

It is hereby enacted in the Fifty-fifth Year of the Republic of India as

follows

CHAPTER-I

PRELIMINARY

Short title, 1.(1) This Act may be called the Assam Irrigation Water Users' Act, 2004.
extent and (2) It extends to the whole of Assam.
commence­ (3) It shall come into force on such date as the Government may, by
ment. notification in the Assam Gazette, a ppoin t:

Provided that different dates may be appointed by the Government
for different areas and for different provisions of the Act.

Definitions 2. In this Act, unless the context otherwise require, -
(a) "area of operation" in relation to Water Users' Association means a

continuous block of land in thecomm and area of an irrigation system
as may be notified for the purposes of this Act;

(b) "ay acut road'' means a road within the area of operation of Water

   - Users' Association for the purpose of irrigation and agriculture but

do not include a road vested in Gram Panchayat, Municipality,
Municipal Corpo ration or the Public Works Departm ent of the

w

Governm ent;

(c) "comm and areas" means an area irriga ted or capable of being
irrigated either by gravitational flow or by lift irrigation or by any
other method from a Government or a Government aided source and
includes every such area whether it is called ayacut or by any other
nam e under any land for the time being in force;

(d) "competent authority" means the authority appointed under section

v*!


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###### THE ASSAM GAZETTE, EXTRAORDINARY. .IAN, 19. 2005 5

 (e) "District Collector" means the collector of the district in which the
 irrigation system is situated and includes any officer specially notified by the Government to perform all or any of the functions of the District Collector under this Act ;

 (f) "drainage system" in relation to an irrigation includes, -

 (i) escape channels from an irrigation or distributory system and
 other works connected therewith, blit does not include works for removal of sew age;

 (ii) channels either natural or artificial for the discharge of waste or surplus water and all works connected therewith ;

 (iii) all connecting drains and main drains to drain off surplus water from field drains; and

 (iv) all field drains, related structures u nder outlets.

 (g) "farmers' organisation" wherever it occurs, shall mean and include -

 (i) Water Users' Association consisting of all the water users as specified under section 3,

 (ii) Distributory Committee at the secondary level as constituted under section 5,

 (iii) Project Committee at the project level as constituted under
 Section 7.

 (h) "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 w ater from a outlet;

 (i) "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 outlet and includes drains, escape channels and other similar works existing or to be constructed.

 (j) "financial year" means a year commencing from the 1st April of the relevant year to the 31st March of tire ensuing year ;

 (k) "financing agency" means any commercial bank or any co-operative society or any other bank or organisation established or incorporated un der any law for the time being in force, which lends money for the development of the area of operation of the Water Users' Association;


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(1) "distributary system" means and includes
(i) all main canals, branch canals, distributaries and minor canals
constructed for the supply and distrib ution of water for
irrigation;

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

(iii) all field channels and other related channels and structures
under an outlet.

(in) "Government" means the State Government of Assam ;

(n) "hydraulic basis" means the basis for identifying a viable irrigated
area served by one or more hydraulic structures such as head works,
distributaries, minors, outlets and the like;

(o) "irrigation system" means major, medium and minor irrigation
systems for harnessing water for irrigation and otherallied uses from
Government or Government aided source and includes reservoirs,
open head channels, diversion system, lift irrigation scheme, tanks,
wells and the lik e;

           - Explanation :

(1) "major irrigation system" means system under major irrigation
project having irrigable command area o f more than 10,000 hectares;

(2) "medium irrigation system" means irrigation system under medium
irrigation project having irrigable command area of more than 2,000
hectares and up to 10,000 hectares ;

(3) "minor irrigation system" means irrigation system under minor
irrigation project having irrigable command area up to 2,000 hectares.

(p) "land holders" means an owner or a tenant recorded as such in the Regulation
records of rights under the Assam Land and Revenue Regulation, [1] of 1886

1886 (as ammended) and the Assam (Temporarily Settled Areas) [A ssam A ct]
Tenancy Act, 1971 (as amended) in respect of land in the notified ol

ayacut.

(q) "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 areas

5

of operation ;

(r) "notification" means a notification published in the Assam Gazette

s

and the expression "notified" shall be construed accordingly ;

(s) "operation 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 ;

    - (t) "prescribed" means prescribed by the Government by rules made
<< under this A ct;

(u) "warabandi" means a system of distribution of water allocation to
water users by turn, according to an approved schedule indicating

_• I_ the day, duration and the time of supply ;


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(v) “water user" means and includes any indiv idu al or body corporate
or society using water for agricu ltu re, domestic, power, non­
domestic, commercial, indu stria l or any other pu rpose from a
Government or Government aided source of irrigation ;

(w) “water allocation" in relation to an irriga tion syste m means
distribution of water determined from time to time by Water Users'
Association in its area of operation.

(x) “Water Users Association" means the Association constituted under
sub-section (3) of Section 3.

CHAPTER-II

FARMERS' ORGANISATION

Delineation 3. (1) The District Collector may, by notification and in accordance with
of water the rules made, under this Actin this behalf, delineate every command
users' area area under each of the irrigation system on a hydraulic basis except,
and the command area of tire shallow tube wells installed outside the
constitution com mand area of the irrigation schemes, installed by the individual

an farmers or by the Pathar I’arichalana Sam ities reg istered by the
Association. Department of Agriculture, which may be adm inistratively viable

and declare it to be a water users' area for the p urpose of this Act.

(2) Every water users' area shall be divided into constituencies which

shall not be less than four but not more than ten, as may be prescribed.

(3) There shall be a Water Users' Association called by its local dintinct

nam e for every water users' area delineated under sub-section (1).

(4) (a) Every Water Users' Association sha ll consist of the follow ing

members, namely :-

(i) all water users who are land holders in a water users area
provided thatwhere both the owner and tenantare land holders
in respect of the same land, tire tena nt;

(ii) five ex-officio members, namely one Sectional Assistant and
one Junior Engineer from the Irrigation Department, who shall
act as coordinator between the Government Departments and
the Farmers' Organisation and two from the Ag riculture

Department in the rank of village Level Extention Worker
(VLEW) and Agriculture Extension Officer and one Elected
Gaon Panchayat Meniber/Gaon Panchayat President of the
Gaon Panchayat concerned;


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(iii) members specified in clause (i) and (ii) shall constitute the General

Body for the Water Users' Association.

(b) A person eligible to become a member of more than one territorial

constituencies of a Water Users' Association u nd er (i) shall be entitled
to be a member of only one territorial con stituency and he shall
exercise his option thereof as prescribed.

(c) members specified in clause (i) shall alone have the right to vote.

Election of 4. (1) Th ere sha ll be a Ma nagin g Co mmittee for every Water Users'

President and Association. The member of the Managing Committee of the W ater
Members of the Users' Association shall be form the elected rep resentative of the
Managing

respective Water Users' Association and the size of the committee

Committee of

will vary from 4 to 10 members depending on the size of the territorial

Water Users'
Association. constituency.

(2) The District Collector shall m ake arrangem ent for the election of the

President of the Managing Committee of the Water Users' Association
by direct election by the method of secre t ba llo t in the manner
prescribed.

(3) The District Collector shall also make arrangement for the election of

Managing Committee consisting of one mem ber front each of the
territorial constituency of water users' area by method of secret ballot
in the manner prescribed.

(4) If at an election held under sub section (2) and (3) the President or

the Members of the territorial constituency of Water Users' Association
are not electeckfresh elections shall be held in the manner prescribed:

Provided tha t the Government for the reasons to be recorded

in w riting may, from time to time, postpone the election.

(5) The President and the mem bers of tire Managing Comm ittee shall, if

no t recalled earlier, be in office for a period of 3(three) years, from
the date of the first meeting.

(6) The Managing Committee shall exercise the po wers and perforin the

functions of the Water Users' Association.

Delineation of 5.( 1) The Government may by notification and in accordance with the rules

distributor}, area made in this behalf, delineate every comm and area of the irrigation
and constitution of

system comprising of one or more Water Users' Association, and

the Distributor),
Committee declare it to be a d istributa ry area for the purpo se of this A ct

(2) There shall be a Distributary Committee called by its local distinct

name for every distributary area declared as such und er sub-section (1).


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(3) All the Presidents of the Water Users' Association in the distributary

area so long as they hold such Office, shall constitute the General
Body of the committee including two nominated official members.
One of them shall be an Assistant Engineer of Irrigation Department
who shall work as a coordinator between the various departments.
Water Users' Associations and Distributary Committees and the
second member shall act as adviser who shall be from Agriculture
Department in the rank of Agriculture Extension Officer.

Election of 6. (1) There shall be a Managing Com mittee for every Distributor)'
President and Committee.
Constitution of

(2) The District Collector shall make arrangement, in the manner

Managing
Committee. prescribed, for the election by the method of secret ballot, of the

President and members of the Managing Committee who shall not
be more than five from among the members of the General Body of
the Distributary Committee provided that the Government for the
reasons to be recorded in writing, may postpone elections if situation
demands so.

(3) If, at an election held under sub-section (2), the President and the

members of the Managing Committee are not elected, fresh election
shall be held in the prescribed manner.

(4) The term of office of the President and the members of the Managing

Committee shall, if not recalled earlier be for a period of 3(three)
years from the date of its first meeting.

(5) The Managing Committee shall exercise the powers and perform the
functions of the Distributary Committee.

Delineation of 7. (1) The Government may, by notification and in accordance with the rules
project area and made under this Act in this behalf, delineate every command area or
constitution of

part thereof of an irrigation system and declare it to be a project area

Project Committee.

for the purpose of this Act.

(2) There shall be a Project Committee called by its district name for

every project area declared under sub-section (I).

(3) All the Presidents of the Distributary Committee in the project area,

so long as they hold such office, shall constitute the General Body
for the Project Committee. The Project Committee shall have two
nominated members one of whom shall act as a coordinator between

various departm ents and farmers' organisation and shall be an
Executive Engineer of Irrigation Department and the second member
shall act as advisor who shall be from Agriculture Department in the

rank of District Agricultural Officer. The nominated members shall
not have right to vote.


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Election of 8. (1) There shall be a Managing Committee for every Project Committee.
Chairman and
constitution of (2) The District Collector shall make arrangement in the manner
Managing

prescribed for election by the method of secret ballot of the Chairman

Committee.

and Managing Committee consisting of not more than nine members
from amongst the members of the General Body of the Project
Com mittee:

Provided that the Government for the reasons to be recorded

in writing may, from time to time, postpone election.

(3) If, at an election held under sub-section (2), the Chairman and the
members of the Managing Committee are not elected, from election
shall be held in the prescribed manner.

(4) The term of office of the Chairman and members of the Managing
Committee, shall, if not recalled earlier, be for a period of 3(three)
years from the date of its first meeting.

(5) The Managing Committee shall exerciseThe power and periorm the
functions of the Project Committee.

Apex Committee 9. (1) The Government may by notification constitute an Apex Committee

with the following Members:
(i) Minister, Irrigation Department - Chairman ;

(ii) Five persons from amongst the Chairm an of the Project
Committees;

(iii) Two persons from the Local Non-Government Organisations
(NGOs) who are active in water management and agricultural
activities;

(iv) Three persons from Officers not below the rank of Secretary

or Chief Engineer from the Irrigation an d/o r Agriculture
Department;

(v) The elected Gaon Panchayat President of the Gaon Panchayat

as Ex-officio Member;

(vi) The Members may be increased by such numbers as may be
considered by the Government.

(2) The Committee, constituted under sub-section (1) may exercise such

powers and functions as may be necessary to -

(a) laydown the policies for implementation of the provision of
this Act,

(b) give such directions to any farmers' organization as may be
considered nec essary, in exercising their powe rs and
performing their functions in accordance with the provisions
of this Act.


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hiflccdure for 10. (1) A motion for recall of a Chairman or President or a Managing

re('a11' Committee, as the case may be, of a farmers' organization may be

made by giving a written notice as may be prescribed, signed by not
less than one third of the total number of members of the farmers'
organization 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 tfie support of majority of the members

present and voting at a meeting of the General Body specially
convened for the purpose, the District Collector or the Government
as the case may be, shall by order remove him from office and
resulting vacancy shall be filled in the same manner as a casual
vacancy.

Constitution of j], The Managing Committee offar m er s’organizatiori may constitute

«lih-mmniitteein

sub-committees to carry out all or any of the functions vested in each

fa rm e rs’

organisation under this Act.

organisation.

fa rm ers ’ 12. Every farmers' organisation shall be a body corporate with a distinct

organisation to name having perpetual succession and a comm on seal and subject
be a body

to the provisions of this Act vested w ith the capacity of entering into

corporate.

contracts and of doing all things necessary, proper or expedient for
which it is constituted and it shall sue o r be sued in its corporate
name represented by the Chairman or the President as the case may
b e:

Provided that no farmers' organisation shall have the power

to alienate in any manner any property vested to it.

Changes in 13. The Government may in the interest of the farmers' organisation in
fa rm e rs’ the command area by the notification and in accordance with the rules

organisation.

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) dirnish the area of any farmers' organisation,

(d) alter the boundaries of any farmers' organisation or

(e) cancel a notification issued und er this Act or 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 affected.


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Jualification of 14. No village employee and no officer or em ployee of the Govenuneut/"

# i 'dictates or of India or any State Government or of local authority or an employee

of an institution receiving aid from the funds of the Government shall
be qualified for being chosen as or for being a Chairman, or Presiderm
or a member of the Managing Committee.

Explanation - 1

(1) For the purpose of this Section the expression village employee mean s

in relation to the State of Assam any person who holds any of the
village offices such as Gaon Panchayat, Mahkuma Parishad or any
such village office by whatever designation it may be locally known.

(2) No person who has been convicted by a criminal court for any offence
committed under any law for the time being in force involving mor a I

turpitude shall be qualified for being chosen or for being a Chairma n
or President or a member of a Managing Committee.

(3) A person shall be disqualified for being chosen as a Chairman or a
President or a member of the Managing Com mittee if on the da te
fixed for scrutiny of nom inations for election or on the date **of**
nomination heis -

(a) of unsound mind and stands so declared by a competent court.

(b) a defaulter of land revenue or water tax or charges payable either to
the Government or to the farmers' organisation.

(c) interested in a subsisting contract made with or any work being don e
for, Gaon Panchayat or any State or Central Governm ent or th e
farmers' organisation or Water Users' Associa tion:

Provided that a person shall not be deemed to have any interes I

in such contract or work by reason only of his having share or interes t
in-

(i) a company as a mere share holder but not as a Director, or

(ii) any lease, sale or purchase of immoveable 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 new spaper in which any advertisem ent relating to the
affairs of the farmers' organisation is inserted.


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###### -c> Explanation - II

For removal of doubt 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 the farmers' organisation, the
State or Central Government has not perfo rm ed its pa rt of the
contractual obligation.

(4) A Chairman or a President or a member of Managing Committee
shall also become disqualified to continue in office, if he -

(a) is convicted in a criminal case involving moral turpitude, or

(b) remains ab sent for three co nsec utive mee tin g withou t
reasonable c au se :

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.

Filling up of 15. (1) A vacancy arising either due to disqualification under sub-section
vacancies.

(4) of Section 14 or due to death or resignation or by any reason, such
vacancy shall be filled up by nomination in the following manner

(a) A vacancy in the Water Users' Association shall be filled up

by nomination by the Managing Comm ittee of the Distributory
Committee in the manner prescribed;

(b) A vacancy in Distributory Committee shall be filled up by

nomination by the Managing Committee of the Project Committee in
the manner prescrib ed; and

(c) A vacancy in the Project Comm ittee shall be filled up by

nom ination either by the Apex Committee or by the Government in
the manner prescribed.

(2) The District Collector shall take necessary steps to conduct election,

to fill up any vacancy caused within a period of one month from the
date of occurence of such vacancy.

(3) The term of office of a member or a President or a Chairman of the

farmers' organisation elected under sub-section (2) shall expire at
the time at which it would have expired, if he had been elected a t the

o rd in a ry e le ct io n


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CHAPTER-III

Objects and 16. The objects of the farmers' organisation shall be to promote and secure

functions of the distribution of water among its users, adequate maintenance of the
farm ers’ irrigation system, efficient and economical utilisation of water to
organisation.

optimize agricultural production, to protect the environment and to
ensure ecological balance by involving the farmers, to develop a sense
of ownership of the irrigation system in accordance with the water
bud get and the operational plan.

Functions of 17. The Water Users'Association shall perform the following functions,

Water Users’ 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 croppin g pattern as
approved by the Distributory Committee, or as the case may
be, the Project Committee;

(b) to prepare a plan for the maintenance of system in the area of
its operation at the end of each crop season and to carry out
the maintenanceworks of both distributory system and minors
and field drains in its area of operation with the funds of the
Association from time to tim e;

(c) to regulate the use of water among the various outlets under
its area of operation according to the warabandi schedule of
the sy stem;

(d) to promote economy in the use of water allocated;

(e) to assist the Revenue De partm ent in the preparation of

demand and collection of water ra tes;

(f) to maintain a register of land and holders as per revenue

record;

(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;

(m) to cause annual audit of its accounts;

(n) to assist in the conduct of election to the Managing Committee;

(o) to maintain other records as may be prescribed;


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(p) to abide by the decisions of the D istributary Committee and

Project Committee;

(q) to conduct General Body meeting, as may be prescribed ;

(r) to encourage avenue for plantation on canal bunds and tank

bunds by leasing such bunds; and

(s) to conduct regula, water budgeting and also to conduct

periodical social audit, as may be prescribed.

Function of 18. The Distributary Committee shall perform the following functions,

Distnbutory namely

Committee.

(a) to prepare an operational plan based on its entitlement, area,
soil, cropping pattern at the beginning of each irrigation
seasons, consistent with the operational plan prepared by the
Project Committee;

(b) to prepare a plan for the maintenance of both distributary and
medium drains within its area of operation at the end of each
crop seasons and execute the maintenance of works with the
fund of the Committee from time to tim e;

(c) to regulate the use of water among the various Water Users'
Association under its area of operation;

(d) to resolve disputes, if any, betw ee n the Wate r Users'
Associations in its area of operation;

(e) to maintain a register of Water Users' Association in its area
of operation;

(f) to 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 au di t;

(j) to maintain other records as may be prescribed ;

(k) to monitor the flow of water for irrigation;

(l) to conduct General Body meeting as may be prescribed;

(m) to abide by the decision of the Project Committee;

(n) to cause regular water budgeting and also the periodical social
audit as may be prescribed;

(o) to assist in the conduct of election to the Managing Committee;
and

(p) to encourage avenue for plantation in its area of operation.


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Functions of 19. The Project Committee shall perform the following fu ncti^s,
Project namely
Committee

(a) to approve 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 work
with the funds of the Committee from time to tim e;

(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

system in its area of operation;

(e) to resolve di sp utes if any, be tw ee n the Distributor y

Comm ittee;

(f) to promote economy in the use of w at er ;

(g) to maintain accounts;

(h) to cause annual audit of its accounts;

(i) to maintain other records as may be p rescribed;

(j) to conduct General Body meeting as may be prescribed;

(k) to cause regular water budgeting and also the periodical social

audit as may be prescribed ; and

(l) to encourage avenue plantation in its area of operation .

Power to levy 20. A farmers' organization may, for carrying out the purpose of this Act
and collect fee. and achieving the objects of the Association and performing its

functions, levy and collect such fees as may be prescribed from time
to time.

Appointment of 21. (1) The Government may, by notification, appoint such officers from tlie

competent Irrig ation or any other Go vernment or Gov ernm en t Aided
authority and his
functions. Departm ent as it may consider nec essary to be the com petent

authority to every farmers' organisation for the purpose of this Act

(2) the competent authority appointed under sub-section (1) shall be

responsible to respective farmers' organization in the implementation

and execution of all decisions taken by the farmers' organisation.

The office bearers of the committees of the farmers' organisation shall

act voluntarily.

_i_


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CHAPTER-IV

RESOURCES

Resources of 22. The fund of the farmers' organisation shall comprise of the following,

fanners' namely
organisation.

(i) grant received from the Government as a share of the water
tax collected in the area of op eration of the farm ers'
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 for undertaking
any economic development activities in its area of operations;

(iv) income from the properties and assets attached to the irrigation
system within its area of operation ;

(v) fees collected by the farmers' organisation for the services
rendered in better management of the irrigation system ; and

(vi) amount received from any oth er sources such as gran t/
donation/loan on the basis of approval of the Managing

Committee.

CHAPTER-V

OFFENCES AND PENALTIES

Offences and 23. Whoever without any lawful authority does any of the following acts,
penalties.

namely

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

(b) interferes with, increases, 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 wa ter thereof or interferen ces with the
authorized distribution of water there from or use water in an
unauthorized manner or in such manner as to cause damage
to the adjacent land holdings,

(d) corrupts orfouls, water of any irrigation system so as to render
it less fit for the purposes for which it is ordinarily used,

(e) obstructs or remove any Level Marks or Water Gauge or any
other mark or sign fixed by the Authority or a Public Servant,
and


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(f) opens, shuts, or obstructs or attempts to open, shut or obstruct
an*; sluices or outlets or any other similar structures in any
irrigation system, shall, on a complaint made by a farmers'
organization, if convicted, be punished with imprisonment
which may extend to one year or with fines which may extend

to five thousand rupees or with both.

Punishment 24. Nothing in this Act shall prevent any person being prosecuted and

under other laws punished under any other law for the time being in force for any act
not barred.

or ommission made punishable by or under this A ct:

Provided that no person shall be prosecuted and punished

for the same offences more than once.

Compounding of 25. (1) Farmers' organization may accept from any person who committed

offences. o r in re S [p]e c [t ]o [f whom a reasonable belief can be inferred that he has]
committed an offence punishable under this Act of tire rules made
there under, a sum of money not exceeding Rupees two thousand
by way of compounding of such offence.

(2) On payment of such sum of money, the said person, if in custody,

shall be discharged and no further proceeding shall be taken against
him in regard to the offences so com pounded.

CHAPTER-VI

SETTLEMENT OF DISPUTES

Settlementof 26. (1) Any dispute or difference touching the constitution, management,

disputes. powers Or functions of a farmers' organisation arising between

members, shall be determined by the Managing Committee df the
Water Users' Association.

(2) Any such disputes or differences arising betw een a member and the

Managing Committee or a Water Users' Association or between two
or more Water Users' Association shall be determ ined by the
Managing Committee of the Distributary Committee.

(3) Any such dispute or difference arising between a member and the

Managing Committee of a Distributary Committee or between two
or more Distributary Committees shall be determ ined by the
Managing Committee or the Project Committee.

(4) Any such dispute or difference arising between a member and

Managing Committee or Project Committee or between two or more
Project Committees shall be determined by the Apex Committee,
whose decision shall be final.


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(5) Every dispute or difference under this section shall be disposed of
within 15 (fifteen) days from the date of reference of the dispute or
difference.

Appeals. 27. (1) A party to a dispute or difference aggrieved by any decision made

or order passed by the Managing Committee of a Water Users'
Association may appeal within 15 days to the Managing Committee
of the Distributory Committee whose decision there otfshall be final.

(2) ' Any party to a dispute or difference aggrieved by any decision made

or ord er passed by the Managing Committee of Distributory
Committee may appeal to the Managing Committee of a Project
Committee within 15 days whose decision thereon shall be final.

(3) Any party to a dispute or difference aggrieved by arty decision made

or order passed by the Managing Committee of a Project Committee
may appeal to the Apex Committee within 15 days whose decision
thereof shall be final,

(4) Any appeal made under sub-section (1) or sub-section (2) or sub­
section (3) shall be preferred within 15 days of communication of the

decision of the order to the person aggrieved.

(5) Every appeal under this section shall be disposed of within 15 days
from the date of filing of tire appeal.

CHAPTER-VII

MISCELLANEOUS

Records. 28. (1) Each farmers' organisation shall keep at its office 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 titre farmers' organisation

along with the map of the structure and distributory. networks
prepared in consultation with the Irrigation Department;

(c) a statement of assets and liabilities;

(d) minutes book ;

(e) books of accounts showing receipt and paym ents;

(f) books of accounts of all purchases and sales of goods by the
Associations;

(g) a register of measurement book, level field books, work orders

and the like;


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(h) copies of audit reports and enquiry'reports ; "

(i) all such other accounts, records and documents as may be
prescribed from time to time.

(2) The books of accounts and other rec ords shall be opene d for

information to the member of the farmers' organisation.

Audit. 29. Every farmers' organisation shall get its accounts audited in the

manner prescribed.

Recovery of 30. All the amounts payable or due to farmers' organisation shall be
dues. recovered as arrears of land revenue by local Land Revenue Officer

as per rules.

Meetings. 31. The meeting of the farmers' organisatio n and the Managing

Committee thereof at such intervals, the procedure, the presidency
and the quorum thereof and the cessation of membership thereof
shall be such as may be prescribed.

Resignation. 32. (1) A member of Managing Committee of farmers' organisation may

resign his office by a letter sent by a registered post or tendered in
person to the Chairman or President of the Managing Committee
concerned.

(2) The President of the Managing Comm ittee of a Wa ter Users'

Association may resign his office by a letter sent by registered post
or tendered in person to the President of the Distributory Committee
concerned.

(3) The President of the Managing Co mmittee of a Distributory

Committee may resign his office by a letter sent by registered po ste r
tendered in person to the Chairm an of the Project Com mittee
concerned.

(4) The Chairman of the Managing Committee of a Project Committee
may resign his office by letter sent by registered post or tendered in
person to the Chairman of the Apex Committee.

###### (5) Such resignation as mentioned above shall take effect from the date
of its acceptance or on the expiry of 30 days from the date of its
receipt whichever is earlier.

Appointment 33. (i) The Government may by notification app oint a Commissioner to
of a exercise general control and superintendence over the competent
Commissioner. authorities and the District Collector in performance of their functions

under this Act of the rules made thereunder.

(ii) The powers to be exercised and the functions to be perform ed by the

Commissioner shall be such as may be prescribed.


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    - Clransitional 34. The Government may, by notification, appoint an officer or officers
^'Arrangement. to exercise the powers and perform the functions of a farmers'

organization and the Managing Committee thereof till such time such
farmers' organisation are duly constituted or reconstituted and such

                - Managing Committee assumes office under the provisions of this

Act.

Authentication 35. All permissions, orders, decisions and other documents of the
of orders and farmers' organisations shall be authenticated by the signature of the
documents of

Chairman or President of the Managing Committee or any other

tiie farm ers’

Member of tire Managing Committee authorised by the Managing

organisation.

Committee in this behalf.

Act not to lie 36. No act of proceedings of the Managing Committee of farmers'
invalidated by organisation or Committee shall be invalidated by reason only of
informality or

the existence of any vacancy in or defect in the constitution of the

vacancy etc.

said committee.

Deposits and 37. (I) The farmers' organisation shall keep their funds in a Nationalised
administration Dank or aCo-operative Bank.
of the fund.

(2) The fund 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 the money borrowed and shall
pay every year into the sinking fund such sum as may be sufficient
for repayment within the period fixed of all the money 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.

Budget. 39. The Managing Committee of the farmers' organisation shall prepare

in such form in very 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.


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Power to 40, (1) If any difficulty arises in giving effect to the provisions of this Act or

remove as to the fir st co nstitution or reco nstitution of any farm ers'

difficulties. organisation after the commencement of this Act, the Government,
as the occasion may require by order published in the Assam Gazette,
do anything which appears to them necessary for removing the
difficulty.

(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 Assam Legislative
Assembly and shall be subject to much modification by way of
amendments or repeal as the Legislative Assembly may make either
in the same session or in tire next session.

Savings. 41. (1) Nothing contained in this Act shall effect the right or properties

vested in Gaori Panchayat, Municipality or Municipal Corporation
under any law for the time being in force.

(2) Nothing contained in this Act, shall apply to the Minor Water Bodies

in the Scheduled areas in the State of Assam.

Power to 42. (1) The State Government may, by notification in the Official Gazette,
make rules. make rules for carrying out the purpose of this Act.

(2) All rules made by the State Govern ment under this Act shall, as soon

as may be after they are made be laid before the Assam Legislative
Assembly while it is in session, for a total period of not less than
fourteen days which may be comprised in one session or two or
more successive sessions, and shall, unless some later date is
appointed, take effect from the date of their publication in the Official
Gazette subjectto such modifications or annulments as the Legislative
Assembly may, during the said period agree to make so however,

, that any such modification or annulment shall be without prejudice

to the validity of anything previously done thereunder.

Protection of 43. No suit, prosecution or other legal proceedings shall he instituted
acts done in against any person for anything which is in good faith done or
good faith. inten ded to be done un de r this Act or un de r the rules made

thereunder.

M. K. DEKA,

###### Commissioner & Secy, to the Govt, of Assam,
 Legislative Department, Dispur.

GUWAHAT I- Printed & Pub lis he d by the Dy. Direc tor (P&S) . Direc torate o f Ptg. & Sty ~

Assam , Guw ah ati-21 , (E x-Gazette) No . 37 -5 00 -600 -1 9-1- 20 05 .


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