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

EXTRAORDINARY

~~~wm~

PUBLISHm BY AUTHORITY

###### ------··---- ·---

or~ 126 N"I~, ~<1ii~t~ . 1, CDC '1 ~<! 1978, 10 ~lif. 1900 "~

."4 0, 12 5 Dispur, Fri .la y, 1 ;t Septem'1gr, 1973, 10th Bhadra,

1~00 (S. E .)

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GOVERNMEN'l' OF ASSAM

ORDERS BY THE GOVERNOF

Lt:GISLATIVE DE PARTMEN'17

NOTIFICATION

The 31st August 1978

No.LGLi335/75/188.-Thc following Act <>f the Assam Legislative

Assembly which received the assent ef the President is hereby

published for general information.


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816 THE ASSAM GAZETTE, EXTRAORDINARY, SE.'T . 1, 1S78

ASSAM ACT X OF 1978
(Received the assent of the President on 16th August, 1978)

THE ASSAM FARMERS (GROUP IRRIGATION)
ACT, 1918

Act

###### to provid·e for creation of irrigation potential by the formation of groups amongst farmers.

WHEREAS it is expedient to make prov1s10n

for creating irrigation potential through utilisa-
tion of surface and under-ground water by

jformation 'of groups amongst farmers to obtain
loan from Banks .

###### It is hereby enacted in the Twenty-ninth
Year of the Republic of India as follows:-

Short title, 1. (1) This Act may be called the Assam Far-
extent and                     - .                     -

commence- mers (Group Irrigat10n) Act, 1978.
m ent.
(2) lt extends to the whole of Assam.
(3) It shall come into force at once.

Definition 2. In this Act, unless there is .anything re-

pu;;nant in the subject or context,-

(a) " agricultural land" includes land used
or capable of being used for raising of
crops, grass or garden produce, veget-
ables, seed farming, pisciculture, horti-
culture, growing of fruits or other

similar purpose ;

(b) "bank" includes -

(i) a banking company as defined in sec--

tion 5 of the Banking Regulation Act,
1949,

(H) "State Bank of India" constituted
###### under the State Bank of India Act, 1955,


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j:HE ASSAM GAZETTE. EXTRAORDINARY, SEPT. I, 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 MortgC!ge 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 time to time,

(viii) "Regional Rural Bank" constituted

###### under the Regional Rural Banks Act,

.1976,

(c) "cropping pattern'' 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 Government ;


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818 THE ASSAM GAZETTE, Bx·rRAORbINARY, SEPT. 1, 19'78

(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 Act ;

(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 J
categories of officials or agencies duly
notified by the State Government;

~~),.,

r--~,

_( 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 Act;

(h) " prescribed" means prescribed by rules
###### framed under this Act ;

(i) "scheme" means the details of any plan
of an irrigation work for using surface
###### water through lift and under-ground water t hrough 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) ''Super intending Engineer" means the
###### Superintending Engineer of the Irriga-
tion Department ;


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###### -
TB:E ASSAM GAZETTE. EXTRAORDINARY, SEPT. I, 1978 819 ,__

{k) "under-ground water" means water avail-

able below top soil layers ;

(l) "well" 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-cum-bored well, tube well and filter
point. ~· ·"~-''-·-~;':.~

###### - ~--~, ~ --~1\12~

. 3. (1) Any two or more farmers owning or

0
~~~~~~f- r~~~·having a right in any agricultural land in com-
mers and pact area may form a group and apply to the
request pr eparing for a I · rnga t' 10n Offi cer in · t e h prescn 'b e d manner re-

>chem e. 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 tts 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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e20 THE ASSAM GAZETTE, EXT~AORDINARY, SEPT. 1, 1971

(5) On receipt of th~ notice from the Bank

each farmer shall deposit the margin money with
###### the Bank in the manner prescribed. If any far.:: mer refuses OT fails to deposit the margin money within the time prescribed, any one or more of the other farme rs of the gr oup concerned may
deposit the margin mon ey 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 -of _the

group.          - _-i:.-_ v 2-..:~~'.. ii. Sil

Enforcement 4 (1) When it appears to any Irriga_ tion
of Scheme        -        -
on unwil!ingOfficer having jurisdiction over the area that

farm er£. framing and implementation of a scheme under

this Act for any compact area is not possible

owing to the failure of any one or more of the
farmers having interset in any portion of such
###### 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 jo~n a group and that such joining is n ecessary and essential in
 the public interest, direct him to join the group within such time as may 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.

Implementa• 5.      - (1) · The Irrigation Officer or the group of

tion 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, SEPf. I, 19 /8 821
## ---------- -·-----··-

(2) Any 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 recover able from farmers as
public demand under the Bengal Public Demands

Recovery Act, 1913.

Penalty for 6. Any farmer of a group, refusing to adopt
obstruction
to the the cropping pattern specified in a scheme or

scheme. obstructing the construction of field channels or

other works necessary for the pur poses 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: ...... "'[1]1£~''"~~
~ .... ~ :.,.~-.,-- _:                           - -----~-                           - -

IP"'

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

       - ------------ -------------

~P~:;le~g~r 8. (1) Any farmer aggrieved by any order
Irrigation passed by an Irrigation Officer under the provi-

Officer. s10ns o · f th" A t is c may appea, 1 m · th e 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 farmer 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 ord~r 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.

Applica.ti_on                      - 9. (1) Any farmer aggrieved by an order
**or rev1s1on,** . '
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
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
diction of
couns or 9 above, no order passed in exercise of any
Tribunals power conferred by or under this Act shall be

etc. called in question in any proceedings before a
court or tribunal or any other a.:uthority.
(2) No Civil 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
oursuance of any power conferred by or under

###### this Act.


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THE ASSAM GAZETTE. EXTRAORDINARY, SEPT 1, 1978 823

,,.,r~tection of 11 No sult or other legal proceedings shall
,.ctions taken          -

_i o 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 t hereunder.           -

Power to
remove obs- 12. when for the purpose of making any

tructions etc.enquiry or sur vey, whether in the course of
framing of a scheme under this Act or ot her-
wise, the Irr igation Officer finds that it is

expedient to remove any obstruction or clear
any par t of the land or any standing cr op or

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

obst ructions or crops or jungles and to cut
down trees within such time as may be
specified in writing by him and if the farmers
###### either r efuse or neglect to comply with any su ch
or der the Irr igation Officer shall himself arrange
rem oval 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 farmers as public
demand under Bengal Public Demands Recovery
Act, 1913, in such proportion as may be speci-

. fied in writing by the Irrigation Officer.

Recovery of 13. (1) When any farmer refuses to pay the
expenditure. . bl b h•

margm money paya e y 1m 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 farfuers of the Group and their loan

p a

accounts with the Bank in appropriate pr?por ..

tions. -.


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824 THE ASSAM GAZETTE, EXTRA~RDINARY, SEPT.), 1978

###### L

(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 · 1oan, 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.

~0~!=c~Y 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.

Effe~t. of r 15. The prov1s10ns of this Act and the rules

fb"~~~~i!~.made thereunder shall have effect notwith-

ns15h· tent with standing anything inconsistent therewith contained
ot er 1aws. . h l
m any ot er aw. .

Power to 16 (1 ) The State Government m ay, by not i-
make rules. fication in the Official Gazette, m ake ru les f or

carr ying out the purposes of this Act.

(2) In particular, and without pr ejudice to

the generality of the for egoing 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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THE ASSAM GAZETTE. EXTRAORDINARY, 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) Every rule made under this Section shall
###### be laid as soon as may be after it is made, before the Assam Legislative Assembly 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 o·f

###### the session in which it is so laid or the sessions immediately following the Assam Legislative Assembly 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 validity of anything previously done under that rule.

U. TAHBILDAR.

Secretary to the Govt. of Assam,

Legislative Department.

Gauhati-Printed and published by the Supdt. l/c., Assam Govt. Printing Pren.

{Jb.Gauttc) No.251-800-500-1-9-1978.


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