Andhra Pradesh Farmers Organisation Rules, 1997

RULES TO THE ANDHRA PRADESH FARMERS MANAGEMENT OF IRRIGATION SYSTEMS ACT, 1997. [Amended as per Act 4 of 2018] [G.O.Ms.No. 17 Water Resources (CADA) Department, Dt. 08 - 02 - 2019] [G.O.Ms.No.541, Irrigation & Command Area Development (CAD.IV) Department, Dt:27-12- 1997] Notification In exercise of the powers conferred by Section 43, read with Sections 2, 3, 4, 6, 8, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 24, 25 and 28 of the Andhra Pradesh Farmers Management of Irrigation Systems Act, 1997 (Act 11 of 1997), the Governor of Andhra Pradesh hereby makes the following Rules: Rules 1. Short Title: These rules may be called the Andhra Pradesh Farmers Organisation Rules, 1997 (with updated Amendments, 2018). 2. Definition: In these rules, unless the context otherwise requires: i) “Act” means the Andhra Pradesh Farmers Management of Irrigation Systems Act, 1997. ii) “Farmers Organisation” means water users association at the primary level, Distributory Committee at the secondary level and project committee at the project level. iii) “Commissioner” means an officer appointed by the Government as Commissioner, Command Area Development Authority. 3. Every Farmers Organisation shall be a body corporate having a distinct name, an office, a common seal and shall by the said name sue and be sued. 4. The objects of the Farmers Organisation shall be as follows: i) with due regard to the rights of members shall function in a democratic manner through consensus respecting the rights and duties of all members; ii) to make their organization a viable, vibrant, and functioning entity; iii) to assist the Water Resources Department in effective Water management with the objective of equitable distribution of water in the entire command with special focus on supplying water to farmers at the tail end areas; iv) to assist the Water Resources Department for the upkeep of the Irrigation Systems and protecting them against any damages and to assist the Government in collection of Water Tax and dues, make prudent investment of their resources; v) to motivate all the stake holders for achieving the objectives of Participatory Irrigation Management; vi) to work in close coordination with Government departments and its agencies; vii) to strive for sustainable water resources management and development; viii) to ensure in dissemination of information; ix) to build up a reliable database; x) in areas of high water requirement like cropped areas, effective soil and water conservation techniques should be adopted with the guidance of departmental agencies; xi) sustainable and effective land use system should be followed; xii) implementation of agro-forest ecosystem wherever water erosion is a serious threat; xiii) adoption of integrated watershed management system and integrated balanced nutrient management system; xiv) to ensure that hydraulic structures are preserved and protected, without any modification unless otherwise approved by an authority vested with such powers; xv) to work towards maintaining and sustaining an ecological balance and prevent degradation of the environment particularly soils and quality of water; xvi) to strive towards becoming sustainable institution through a process o f capacity building, skill up gradat ion and recovery of costs, wherever necessary; and xvii) to optimize productivity and production consistent with the availability of water supplies. RIGHTS OF FARMERS ORGANISATION 5. The rights of the Farmers Organisation shall be as follows: i) to obtain information in time about water availability, opening / closing of main canal, periods of supply and quantity of supply, closure of canals etc.; ii) to assist the Water Resources Department for distribution among the water users on agreed terms of equity and social justice; iii) to receive water according to an approved time schedule; iv) to allocate water to non-members; v) to levy separate fees for maintenance of the system; vi) to levy any other fee or service charges, to meet management costs and any other expenses; vii) to utilize the canal bunds --as long as such use is not obstructive, or destructive to hydraulic structures - by planting timber, fuel, or fruit trees or grass for augmenting the income of the Farmers Organisation; viii) to obtain the latest information about new crop varieties, and their pattern, package of practices, weed control, etc., for agriculture extension service, and purchase inputs such as seeds, fert ilizers and pesticides; for use of its members; ix) to have full freedom to grow any crop other than those expressly prohibited by a law and adjust crop areas within the total water allocated without causing injury to neighboring lands; x) to participate in planning, and designing of micro-system; xi) To suggest improvements / modifications in the layout of Field Channels/Field Drains to supply water to all the farmers in the command; and xii) to plan and promote use of the ground water. RESPONSIBILITY OF THE FARMERS ORGANISATION 6. The responsibility of Farmers Organisation shall be as follows: i) to prepare the schedules of water deliveries and communicate to the concerned; ii) to organize preparation of crop plan to match water deliveries with crop requirements; iii) to supply water to all members in the command area as per the approved terms; iv) to carry out timely maintenance and repairs to the distributory system including drains and other properties; v) to organize repairs of the system by the farmers free of cost or on payment; vi) to avoid and prevent misuse and wastage of water; vii) to use water economically and judiciously and furnish data, to the Water Resources Department on water use, irrigated area, irrigation efficiency, and crop yields; viii) to inspect water utilisation by the farmers in the command; assess irrigated crop areas and collect data on crop yields; ix) to impose and recover penalties or fines for misuse and wastage of water and tampering or damaging with the irrigation network controls, sluices, outlets etc., as per the provision of the Act; x) to educate farmers on preparing fields and adopting modern methods of field irrigation, such as borders, furrows, graded bunding for all round efficiency; xi) to educate farmers on new crop varieties, packages of practices, pesticides, weedicides, etc.; xii) to procure and hire implements and gadgets for agricultural operation where feasible and needed.; xiii) to improve the system for efficient and economical use of available / allocated water, for efficient production of crops; and xiv) to minimize conveyance and operational losses. RIGHTS OF MEMBER USERS 7. The rights of the member users shall be as follows: i) to suggest improvements/ modifications in water deliveries; ii) to get information relating to water availabilities, allocations, opening /closing of canals and outlets, period of supply, frequency, etc.; iii) to receive water as per specified quota for use; iv) to have the freedom of growing any crop, other than those prohibited by law, adjusting the areas within the water allocated and without causing adverse effect to the crops of other farmers; v) to sell or transfer the water share to any other water user within the operational area of water users association; vi) to participate in the General body meeting and receive annual reports; and; vii) to receive equitable benefits from the activities of the organization; RESPONSIBILITY OF MEMBER USERS 8. The responsibilities of the member users shall be as follows: i) to maintain the micro-level system particularly the turn outs, field channels, structures, and field drains; ii) to be aware of the rules of operation of water supply framed by the Farmers Organisation for each season; iii) to adhere to the water delivery schedules; iv) not to tamper with the system by breaching, cross bunding, damaging the structure in the minor or field channel; v) to close the turnout fully after the allotted turn or time is over; vi) to conserve water and make judicious use of the irrigation supply; vii) to divert water if not required during the turn or time allotted, so as not to damage other farmers field; viii) to follow proper irrigation methods like borders, furrows, check basins etc.; ix) to get the lands leveled /shaped for efficient utilization of land and water and to prevent deep percolations lead ing to water logging and sa l in it y in t he downstream areas; x) to-pay the irrigation fees, water tax and service charges regularly and in time; xi) to avoid misuse/wastage of water, taking water out of turn, taking more time than allotted; xii) to avoid trampling of Field Channels/ Field Drains, by crossing at unauthorised points by men and cattle; xiii) to maintain Field Channels/Field Drains in the reaches specified by the Water User Association, or contribute to labour /cost for maintenance, whenever required; xiv) to permit inspection of : (a ) ir r igat ed area ; (b ) measurement of irrigated area; (c ) observation of water levels in dug wells/ bores/ tube wells; (d) cr o p - cu t t ing e xp er ime nt s fo r as se ss ing productivity / production; and xv) to respect easementary rights and other customary practices in vogue in the system. 9. General Body: i) The General body of a Farmers Organisation shall comprise of all members as specified, under subsection 4 of Section 3 of the Act, in respect of a water users association; sub-section (3) of Section 5 of the Act in respect of a Distributory Committee, sub-section 3 1 and 4 of Section 7 in respect of a Project Committee. ii) The General Body shall be assisted by the Competent Authorities as notified under Section 21 of the Act. The Competent Authority (Engineering) shall have the right to attend the meeting and record his views, but shall have no right to vote. 10. The General Body Meetings: i) The General Body shall meet at least twice in a year, once before the Kharif and once before the Rabi season. The meetings shall be presided over by the Chairman, President and in his absence 2Vice-Chairman (or) vice-President as the case may be. ii) The General Body may also be called at any time by the President or Managing Committee members through a majority resolution or by Members of the Organisation through a requisition signed by not less than 1/3rd of the Members with voting rights. iii) A General Body meeting shall be held on receipt of a direction to do so from the Government or from the Commissioner, or by the next higher tier of the Farmers Organisation in respect o f mat t ers re lat ing to urgent publ ic importance and for any specific purpose. Note: 1 & 2 are added as per G.O.Ms.No.53, dt:11-4-2008 11. Notice for General Body: i) On receipt of a notice either under sub-rule (2) or (3) of rule 10 the Managing Committee of the Farmers Organisation shall convene a General Body Meeting within 20 days by giving 7 days prior notice of the date, time and place of the meeting and also the agenda. ii) Notice for the General Body meeting shall be sent at least 7 days in advance of the date of the meeting along with the Agenda. Notice may be sent by hand/ post / publication /beat of tom-tom and display on the notice board of the Organization. 12. Quorum for the General Body: i) At all the meetings of the General Body, the quorum shall be 1/3rd of the members and all resolutions shall be carried by a majority of the members present and voting; ii) If there is no quorum for the meeting, the meeting shall be adjourned and be convened again at a date and time not later than two days of the first/original meeting; iii) For the adjourned General Body Meeting, no quorum is required and resolutions would be carried by a majority of the members present and voting; and iv) At a requisitioned General Body Meeting, the items specified in the agenda alone will be discussed. No other subjects will be discussed without the express permission of the Chairman/President or the majority decision of the members present in the meeting. 13. Minutes of the Meeting: i) Every proceeding of the General Body shall be recorded in the minutes book maintained for the purpose and authenticated by the Chairman / President or the person who has presided over the meeting, as the case may be. A copy of the minutes shall be sent to the authority at the next higher tier and to the concerned Executive Engineer in respect of Water Users Association in Minor Irrigation Systems. POWERS AND FUNCTIONS OF GENERAL BODY OF FARMERS ORGANISATION 14. The General Body shall have the following powers and functions, namely: i) to identify their Representatives by convening meetings as per the directions of the Government (or) Commissioner; ii) to approve the Operational Plan for each crop season and review it s implementat ion in t he area o f operation; iii) to allocate water amongst various main canals dist ributaries /minors/out lets, according to the operational plan approved; iv) to decide on the manner of regulation and distribution of water; v) to prepare annual and long-term financial and works plans and prioritize works for maintenance/repairs/ upkeep, rehabilitation of the irrigation system as per the directions of the Government (or) Commissioner; vi) to approve annual financial budget and review performance of the previous year budget; vii) to appoint auditors for the annual audit and/or concurrent audit and to fix fees for the same; viii) to set up sub-committees of Members for various activities and functions of the Organisation; ix) to create or/setup such fund as may be required for different activities/works; x) to levy a fees as defined under Section 20 of the Act; xi) to decide on permissible administrative expenses within the ceilings prescribed, from time to time by the Government (or) Commissioner; and xii) to carry out the recall proceedings as per Section 10 of the Act. Note: The Sub- Rule No:9 is omitted earlier as per G.O.Ms.No.53, Dt:11-4-2008 and Sub-Rule 11 is now omitted (in view of omission of section 22 (iii) of Act and also due to newly adding of one more sub-Rule as sl.No.1. Hence, the Sl.Nos are corrected accordingly. COMPOSITION AND FUNCTIONS OF MANAGING COMMITTEE 15. The composition and functions of the Managing Committee shall be as follows: i) 1The Managing Committee in respect of Farmers Organisations shall comprise of (i) the President, Vice-President and the members of Territorial Constituencies in respect of Water Users Association as specified in sub-section (1) of Section 4 of the Act; (ii) the President and Vice-President and Members in respect of Distributory Committee as specified in sub-section (1) of Section (6) of the Act; and (iii) the Chairman and Vice-Chairman and members in respect of Project Committee as specified in sub-section (1) of Section 8 of the Act.; ii) The Meetings of the Managing Committee shall be held at least once in every month at the office of the Organization. The meeting may however, be held more frequent ly i f i t so required . A mee t ing requisitioned, shall be held within 7 days of the receipt of requisition for such a meeting by the Chairman/President; iii) Notice for the meeting shall be sent by hand/post/ delivery or published on the Notice Board; iv) The Chairman / President shall preside over the meetings of the Managing Committee. In his absence, the Vice-Chairman (or) Vice-President shall preside over the meeting as the case may be; v) Every proceedings of the Managing Committee shall be recorded in the minutes book maintained for the purpose, by the person chairing the meeting. A copy of the minutes shall be sent to the authority of the next higher tier and to the concerned Executive Engineer in respect of Water Users Associations in Minor Irrigation Systems; vi) The quorum for the meeting shall be 1/3rd of the members. All resolutions shall be carried by a majority of the members present and voting; and vii) If there is no quorum for the meeting, the meeting shall be adjourned to a date and time not later than three days and be convened again. For an adjourned meeting no quorum is required. Note: 1 is added as per G.O.53, Dt:11-4-2008. CO-OPTION OF MEMBERS 115A Co-option of members in to Managing Committee of Farmers Organisation shall be as follows: i) Managing Committee of Water Users Association: Gram Panchayat shall nominate two Gram Panchayat members i.e., one male member and one Female member in to the Managing Committee of Minor Irrigation Water Users Association. In case there are more than the one Gram Panchayat in Water Users Association the nomination shall be from the Gram Panchayat whose ayacut is more in the Water Users Association area of operation. For Major and Medium Irrigation Water Users Associations there is no cooption of members from Gram Panchayat. ii) Managing committee of Distributory Committee: All the Mandal Presidents in the area of operation of Distributory Committee shall be nominated to the Managing Committee of the Distributory Committee. The nomination shall be made by the District Collector. iii) Managing Committee of Medium Irrigation Project Committee: All the Mandal Presidents, Members of Legislative Assembly, 2Members of Legislative Counsel, and Members of Parliament in the area of Operation of Medium Project shall be nominated to the Managing Committee of the Project committee. The nomination shall be made by the District Collector. iv) Managing Committee of Major Irrigation Project Committee: all the Members of Legislative assembly, 3Members of Legislative Counsel, Members of Parliament and ZillaParishad Chairpersons in the area of operation of Major Project shall be nominated to the Mangaing Committee of the Project committee. The nomination shall be made by the Government. Note:- 1. The members co-opted to the Managing Committee of Farmers Organisations shall not have any voting right. 2. While nominating the Rajyasabha members, and Members of Legislative Counsel, the criteria of name of the individual in the voters list of General elections is to be considered for co-option. Note: 15A is added as per G.O.53, Dt:11-4-2008 2&3 are inserted as per G.O.272, Dt:23-10-2009 POWERS AND FUNCTIONS OF THE MANAGING COMMITTEE 16. The powers and the functions of the Managing Committee shall be as follows: i) to prepare and implement Operational Plan for each season in its area of operation; ii) to prepare and implement Kharif and Rabi plans for various crops to be grown; iii) to prepare budget and allocate resources for various activities; iv) to prepare and implement annual and long term plans fo r r epa ir s , ma int enance, r ehabi l it at io n fo r development of the irrigation and drainage systems and to accord administrative sanction as per the orders given by the Government from time to time and taking up works as per availability of resources on priority; v) to prepare or cause to be prepared annual accounts of incomes and expenditures, and assets and liabilities; vi) to ensure equitable distribut ion of water among various water users; vii) to evolve and implement systems of regulat ion control, monitoring and reporting of water use and land use; viii) to recommend appointment of auditors for annual audit or concurrent audit to General Body; ix) to organize execution of works as per Orders issued by the Government (or) Commissioner from time to time; x) to recommend formation of sub-Committees to the General Body for undertaking various activities; xi) to settle disputes amongst the members; xii) to nominate one of its members to operate the funds of the organization when the post of President (or) Vice-President falls vacant. xiii) to provide developmental services to the Members related to irrigation and agriculture; xiv) to take up training programme for members; xv) to prepare annual list of all Water Users and Members with voting rights; xvi) to assist the Revenue, Water Resources and Agriculture Departments in the preparation and Maintenance of basic records; xvii) to maintain and operate a Reserve fund as per directions of the Government (or) Commissioner; xviii) to scrutinize the audit reports and rectify defects and report to the General Body; xix) to carry out and implement all decisions of the General Body; and xx) to establish a management information system and submit periodical report as may be prescribed by Government. DUTIES OF CHAIRMAN / PRESIDENT 17. The duties of the Chairman/ President of a Farmers Organisation shall be as follows: i) to preside over the General Body Meet ings and Managing Committee Meetings and conduct the meetings in a peaceful and democratic manner; ii) to sign and authenticate the minutes of the meetings and also other records of the Farmers Organisation as may be required; iii) to have only a casting vote in the event of equality of votes on any matter being decided upon by the General Body or the Managing Committee, as the case may be; iv) to be the custodian of all records, properties of the Farmers Organisation; v) render full and complete accounts of all transactions of the Farmers Organisation; vi) to sign all contracts and documents on behalf of the Farmers Organisation; vii) to have powers to operate the accounts of Farmers Organisation jointly with Vice-Chairman / Vice-President; viii) to represent the case of the Farmers Organisation in any dispute before Distributory Committee or Project Committee or Apex committee or the Government, as the case may be; ix) to be an authorized representative of the Farmers Organisation at all other forums, meetings called by any authority; x) to be accountable for all transact ions; xi) to conduct the affairs of the Farmers Organisation in a democratic, free, fair and transparent manner; and Note: In view of omission of Sub-Rule 10, the sl.nos of next sub-rules are changed and arranged in sequence order xii) to submit annual reports to the General Body on the activities of the Farmers Organisation. DUTIES OF VICE-CHAIRMAN AND VICE-PRESIDENT 17A. The duties of Vice Chairman/ Vice President of a Farmers Organisation shall be as follows: i) to discharge all the functions of the Chairman / President of the Farmers Organisations, in the absence of Chairman / President; ii) to sign and authenticate the minutes of meeting where Vice Chairman / Vice President presides over the meeting as in Sub-Rule (1); iii) to be the joint account holder along with the Chairman / President provided that, in case of difference of opinion in the matter of signing the cheques, the matter shall be placed before the Managing Committee, whose decision shall be final; iv) to be the convener of water management sub-committee; v) To carry out all the functions of the water management sub-committee and such other decisions of General Body and Managing Committee on water regulation and schedule of water release. RESIGNATIONS 17B i) Any member of the Managing Committee or the President or the Vice-President of a Water Users Association in Major, Medium or Minor Irrigation system may resign his/ her office by tendering resignation in writing to the Superintending Engineer concerned directly in person or through registered post with acknowledgment due. ii) The President and Vice President of Distributory Committee of a Major Irrigation system may resign his office by tendering resignation in writing to the Chief Engineer concerned directly in person or through registered post with acknowledgement due. iii) Any Chairman / Vice Chairman of a Project Committee of Major/ Medium Irrigation system may resign his/ her office by tendering resignation in writing to the Commissioner directly in person or through Registered post with acknowledgement due. iv) The Authority accepting the resignation shall cause to enquire through the concerned Competent Authority of the Farmers Organisation whether the person resigning has a) any dues to the Farmers Organisation; b) indulged in any financial irregularities; c) abused his power during his incumbency; and d) misappropriated the assets of Farmers Organisation. v) Any resignation shall be accepted within 30 calendar days including the day of receipt of letter of resignation and day of acceptance of resignation and such order of acceptance of resignation shall be served to the person resigned in writing and acknowledgement obtained for taking necessary action. FILLING UP OF VACANCIES 17C A vacancy arising due to disqualification, death, or resignation, or recall or by any reason in any tier of the Farmers Organisation shall be filled in the manner detailed below: 1. Vacancies in Water Users Association: i) President a) In the event of a vacancy of President in a Water Users Association, the Vice-President of that Water Users Association shall discharge the functions of the President from the date of occurrence of such vacancy, till the vacancy is filled in by election. b) In Major Irrigation Projects, the Vice-President so discharging the functions of President is eligible to represent his Water Users Association in the Distributory Committee. However, he is not eligible to contest for the post of the President or the Vice-President of the Distributory Committee. c) In a Medium Irrigation Project, the Vice- President so discharging the functions of President is eligible to represent his Water Users Association in the Project Committee of that Medium Irrigation Project. However he is not eligible to contest for the post of a Chairman or Vice-Chairman in the Project Committee. d) The Vice-President discharging the functions of the President shall maintain the Bank account jointly with another Managing Committee member nominated by the Managing Committee for the purpose, till the vacancy of the President is filled in by election. ii) Vice-President. a) To fill in a vacancy of post of Vice-President in a Water Users Association, the President shall convene a special meeting of the managing committee which shall nominate the Vice-President from among the members of the Managing Committee, in the presence of Competent Authority (Engineering) with in fifteen days from the date of occurrence of such vacancy. Vice-President shall be nominated from upper reach if the President is from lower reach and vice versa. b) The Vice-President so elected in the casual vacancy, shall continue in the office till the vacancy of Vice-President is filled in by elections. iii) Territorial Constituency member a) To fill a vacancy of a Territorial constituency member, the President shall convene a special meeting of the managing committee which shall nominate a water user who is a voter in that territorial constituency, to act as member of managing committee, within 15 days from the date of occurrence of such vacancy. However, such person is not eligible for election for the post of President or Vice President in Water Users Association during the period of such transitional arrangements. b) The nominated member continues to hold the post only till a member of the territorial constituency is selected in the manner prescribed, in the causal vacancy. iv) Convening Special Meeting The President shall convene a Special Meeting of the Managing Committee within 15 days from the date of occurrence of vacancy of Vice-President or member of territorial constituency for filling up of any causal vacancy. 2. Vacancies in a Distributory Committee i) President a) In the event of vacancy of a president in a Distributory Committee, the Vice President of the Distributory Committee shall discharge the functions of the President from the date of occurrence of such vacancy till the vacancy is filled in by election. b) The Vice-President discharging the functions of President is eligible to represent his Distributory Committee in the Project Committee. However he is not eligible to contest for the post of Chairman or Vice-Chairman of the Project Committee. c) The Vice-President who is also discharging the functions of the President shall maintain the Bank Account jointly with another Managing Committee member nominated by the Managing Committee for the purpose till the vacancy of the President is filled in by election. ii) Vice President a) To fill the vacancy of the post of Vice-President in a Distributory Committee, the President shall convene the meeting of the managing committee which shall nominate the Vice-President from among the members of the managing committee in the presence of the Competent Authority (Engineering) within the fifteen days from the date of occurrence of such vacancy. b) The Vice-President so elected shall continue in the office till the vacancy of Vice – President is filled in by elections. iii) Convening Special Meeting Convening of Special meeting within 15 days from the date of occurrence of vacancy of Vice-President, shall be the personal responsibility of the President. 3. Vacancies in a Project Committee. i) Chairman a) In the event of vacancy of a Chairman in a Project committee, the Vice-Chairman of that Project Committee shall discharge the functions of the Chairman from the date of occurrence of such vacancy till the vacancy is filled in by election. b) The Vice-Chairman discharging the functions of the Chairman shall maintain the Bank Account jointly with another Managing Committee member nominated by the Managing Committee for the purpose till the vacancy of the Chairman is filled in by election. ii) Vice Chairman a) To fill the vacancy of the post of Vice-Chairman in a Project committee, the Chairman shall convene a special meeting of the managing committee which shall nominate the Vice-Chairman from among the members of the managing committee in the presence of the Competent Authority (Engineering) within fifteen days from the date of occurrence of such vacancy. b) The Vice-Chairman so elected shall continue in the office till the vacancy of Vice – Chairman filled in by election. iii) Convening Special Meeting Convening of Special meeting within 15 days from the date of occurrence of vacancy of Vice-Chairman, shall be the personal responsibility of the Chairman. SETTLEMENT OF DISPUTES 17(D) Any dispute or difference touching the constitution, management, powers or functions of a Farmers Organisation arising shall be determined as follows: (1) Disputes in Major Irrigation System (a) Any dispute or difference arising between Water users in a Water Users Association shall be determined by the managing committee of Water Users Association concerned. (b) Any dispute or difference arising between water users and the managing committee of a water User Association or between two or more Water Users Associations shall be determined by the managing committee or Distributory Committee. (c) Any dispute or difference arising between two or more Distributory Committees shall be determined by the Managing Committee of Project Committee. (d) Any dispute or differences arising between two or more Project Committees shall be determined by the Apex Committee, whose decision shall be final. The Executive Engineer, Superintending Engineer and Chief Engineer will be the authorities for settlement of disputes in place of Distributory Committee, Project Committee and Apex Committee respectively when these bodies are not functioning. (2) Dispute in Medium Irrigation Projects (a) Any dispute or difference arising between Water users in a Water Users Association shall be determined by the managing committee of the Water Users Associations. Any dispute or difference arising between water users and the Managing Committee of Water Users Association or between two or more Water Users Associations shall be determined by the project committee. (b) Any dispute or differences arising between two or more Project Committees shall be determined by the Apex Committee, whose decision shall be final. The Executive Engineer and Superintending Engineer will be the authorities for settlement of disputes in place of Project Committee and Apex Committee respectively when these bodies are not functioning. (3) Disputes in Minor Irrigation System: (a) Any such disputes or difference arising between in a Water Users Association shall be determined by the managing committee of that Water Users Associations concerned. (b) Any such disputes or difference arising between Water Users and the managing committee of Water Users Association or between two or more Water Users Associations shall be determined by the Executive Engineer concerned. Time limit for settlement of disputes. Every dispute or difference under the rule shall be settled within thirty days from the date of reference of the dispute or difference. APPEALS 17E. A Party to a dispute or difference aggrieved by any decision made or order passed under Rule 17 D, may prefer appeal in the manner detailed below: (1) Appeals in Major Irrigation Projects (a) Any party to a dispute or difference aggrieved by the decision made or order passed by the managing committee of a Water Users Association may appeal to the managing committee of the Distributory Committee, whose decision thereon shall be final. (b) Any party to a dispute or difference aggrieved by the decision made or order passed by the managing committee of a Distributory Committee may appeal to a Project committee whose decision thereon shall be final. (c) Any party to a dispute or difference aggrieved by the decision made or order passed by the managing committee of a Project Committee may appeal to the Apex Committee whose decision thereon shall be final. In case Distributory Committee or Project Committee or Apex Committee is not functioning, the appellate authority will be the Superintending Engineer, Chief Engineer and the Government respectively, and whose decision there on shall be final. (2). Appeals in Medium Irrigation System a) Any party to a dispute or difference aggrieved by the decision made or order passed by the managing committee of a Water Users Association may appeal to the managing committee of the Project Committee, whose decision thereon shall be final. b) Any party to a dispute or difference aggrieved by the decision made or order passed by the managing committee of a Project Committee may appeal to the Apex Committee, whose decision thereon shall be final. In case of Project Committee or Apex Committee is not functioning the appellate authority will be the Superintending Engineer and Chief Engineer respectively whose decision thereon shall be final 3. Appeals in Minor Irrigation System a) Any party to a dispute or difference aggrieved by the decision made or order passed by the managing committee of a Water Users Association may appeal to the Executive Engineer Concerned, whose decision thereon shall be final. b) Any party to a dispute or difference aggrieved by the decision made or order passed by the Executive Engineer may appeal to the Superintending Engineer concerned, whose decision thereon shall be final. 4. Time limit for Preferring an appeal Any appeal under the Rule shall be preferred within thirty days of communication of the decision or the order to the person aggrieved. 5. Time limit for settlement of appeals. Every appeal under the rule shall be settled within thirty days from the date of filing of the appeal. INSPECTION OF RECORDS 17F Inspection of records of a Farmers Organisation shall be as follows: 1. Water Users Association: a) The Competent Authority shall be the inspecting authority for any Water Users Association in his jurisdiction. b) The inspecting authority shall have access to all records, to be maintained by the Water Users Association and shall affix his signature and date on the records and registers with his remarks, upon inspection. c) Any misappropriation of funds or misuse of power noticed shall be brought to the notice of the Superintending Engineer concerned who shall take further action in accordance with the provisions of the Act and the Rules. 2. Distributory Committee. a) The Competent Authority shall be the inspecting authority for any Distributory Committee in his jurisdiction. b) The inspecting authority shall have the access to all records to be maintained by Distributory Committee and shall affix his signature and date on the records and register with his remarks, upon inspection. c) Any misappropriation of funds, or misuse of power noticed, shall be brought to the notice of the Chief Engineer who shall take further action in accordance with the provisions of the Act and the Rules. 3. Project Committee. a) The competent authority shall be the inspecting authority for any Project committee in his jurisdiction. b) The inspecting authority shall have the access to all records to be maintained by Project Committee and shall affix his signature and date on the records and register with his remarks, upon inspection. c) Any misappropriation of funds, or misuse of power noticed, shall be brought to the notice of the Commissioner who shall take further action in accordance with the provisions of the Act and the Rules. AUTHORITY TO REMOVE OFFICE BEARERS OF FARMERS ORGANISATION 17G The following are the authorities to remove the erring office bearers of the Farmers Organisations: (i) Removal of office bearers: a) The Superintending Engineer concerned shall be the authority to issue directions for proper functioning of the Water Users Association and remove any member of territorial constituency or President or Vice President of any Water Users Association in his jurisdiction under Section 41A of the Act. b) The Chief Engineer concerned shall be the authority to issue directions for proper functioning of the Distributory Committee and remove any president or Vice President of Distributory Committee in his jurisdiction under Section 41A of the Act. c) The Commissioner shall be the authority to issue directions for proper functioning of Project Committee and remove any Chairman or Vice-Chairman of Project committee in his jurisdiction under Section 41A of the Act. Note:- The authority mentioned above shall give a reasonable opportunity to the aggrieved party to represent their cases before they are removed from their posts. 2. Authority for Appeal. a) Any party aggrieved by any decision made or order passed by the Superintending Engineer under the rule may appeal to the District Collector concerned, whose decision thereon shall be final. b) Any party aggrieved by any decision made or order passed by the Chief Engineer under the rule may appeal to the Commissioner whose decision thereon shall be final. c) Any party aggrieved by any decision made or order passed by the Commissioner under the rule may appeal to the Government, whose decision thereon shall be final. . TRANSITIONAL ARRANGEMENTS 17(H) Transitional arrangements for the Farmers Organisation are as follows: 1. Officer: After completion of the term of elected bodies of the Farmers Organisation, and where no incharge arrangements are made all the records of the concerned Farmers Organisation shall be handed over to the following officers as per the specific instructions from the Government who will exercise powers and to perform the function of the Farmers Organisations. a) Deputy Executive Engineer concerned shall be the authority to take over the charge of the Water Users Association with all records and exercise the powers and perform the functions of the Farmers Organisations till such time such Water Users Association is constituted or reconstituted. b) The Executive Engineer concerned shall be the authority to take over the charge of the Distributory Committee with all records and exercise the powers and perform the functions of the Farmers Organisations till such time, such Distributory Committee is constituted or reconstituted. c) The Superintending Engineer concerned shall be the authority to take over the charge of the Project committee with all records and exercise the powers and perform the function of the Farmers Organisations till such time the Project Committee is constituted or reconstituted. Note: The Superintending Engineer/ Executive Engineer / Deputy Executive Engineer who has taken over the Farmers Organisation shall be assisted by the subordinate staff under his Administrative / Technical Control. 2. The Government may, by Notification, appoint an officer or officers or the outgoing President or Chairman of the Farmers Organisations whose performance is adjudged as good as prescribed or a managing committee consisting of President, Vice President and four (4) members as appointed by the General Body of Farmers Organisations by consensus to exercise the powers and perform the functions of a Farmers Organisation and the Managing Committee thereof till such time such Farmers Organisation is duly constituted or reconstituted and such Managing Committee assumes office under the provision of this Act. 3. The outgoing President or Chairman of the Farmers Organisation and other members having no arrears of water tax payable to Government, who took lot of initiative in water regulation and provided good leadership in discharging their functions may be considered for appointment under the above Rule. Note: 17(H) (1) omitted and 17(H) 2 may be read as 17 (H) 1 17 (H) 2 as per Amendment made to section 34 of act 17(H) 3 is newly added MAINTENANCE OF FEEDER CHANNELS 17 I. The Water Users Associations shall maintain the feeder channels on the upstream of tank bed as follows: (a) Desilting of feeder channels in sectioning. (b) Removal of weed growth, trees and the like in the channel bed. (c) Breach closing. (d) Removal of encroachments with the help of local Revenue authorities,. (e) Removal of mounds and maintaining bed slopes of feeder channels. (f) All other measures required to insure adequate inflow in to the tank through the feeder channels. CONSTITUTION AND FUNCTIONS OF SUB-COMMITTEE 18. The constitution and functions of the Sub-Committees shall be as follows: 1. The General Body of a Farmers Organisation may constitute specific Sub Committees under Section 11 of the Act, to carry out specific functions as assigned by the General Body; 2. The composition of the Sub-Committee shall be as follows: i) The Convener of a Sub-Committee shall be a member of the Managing Committee other than the Chairman/ President; ii) In the case of a Project committee and their members of the sub committee, not exceeding four will be selected from Presidents of Water Users Associations in that project; iii) In the case of Distributory Committee and their members of the sub committee, not exceeding four shall be selected from the Territorial Constituencies of the water Users Associations either in the general body of the Distributory Committee or from its territorial constituencies within its jurisdiction. However, not more than one Territorial Constituency (TC), member of Water Users Association can be co-opted in that Sub-Committee; iv) In the case of Water Users Association the other members not exceeding four shall be drawn from out of members with voting rights, out of four one may be woman preferably; and v) No member shall represent more than one subcommittee. 3. The following Committees may be constituted by a Farmers Organisation: i) Finance and Resources sub-committee; ii) Works sub-commit tee; iii) Water Management sub-commit tee; iv) Monitoring-Evaluation and Training sub-committee; Note: After Rule 17, the Rules 17 A to 17 I are inserted as per G.O.Ms.No.53, dt:11-4-2008. 4. Functions of the sub-committee i) Finance and Resource sub-committee a) to mobilize and collect resources; b) to ensure collection of dues from Members as levied under Section 20 of the Act; c) to recommend the Managing Committee on the use and deployment of resources; and d) to maintain records relating to financial matters. ii) Works sub-committee: a) to recommend estimates of works for administrative approval;. b) to supervise works and ensure quality control; and c) to approve payments for works. iii) Water Management sub-committee: a) to carry out the decisions of the Managing Committee and of the General Body on water regulation, schedule of water release; b) to organise patrolling of the canal, channels and regulate the use of water; c) to check the irrigation and drainage system regularly; d) to record the water deliveries; e) to report to the Managing Committee any violations in the use of water; and f) to maintain records of land owners and water users. g) the Vice-Chairman / Vice-President shall be the Convener of this Sub Committee under Rule 17(A). iv) Monitoring-Evaluation and Training sub-committee: a) to identify training needs and organize training to the Water Users; b) to educate in optimum use of water; c) to monitor specific items like area irrigated, productivity, disputes settlement and resources building; 5. The Sub-Committees shall meet as frequently as necessary. The members of the Managing Committee in charge of the sub-committees will preside over the meetings and maintain the record of discussions and decisions. 6. The Sub-Committees shall function under the general super intendence, contro l and direct ion o f t he Managing Committee of the organization. PROCEDURE FOR TAKING UP WORKS 19. The procedure for taking up the works shall be as follows: The works in a Farmers Organisation shall be categorized as follows: 1. Normal Operation and Maintenance Works a. Desilting; b. Weed removal; c. Embankment repairs; d. Revetment; e. Repairs to shutters; f. Repairs to masonry and lining; g. Cleaning & Oiling of screw gearing shutters; h. Painting of hoists and gates etc.; i. Emergent breach closing works; j. Maintenance of inspection paths; k. Formation of cross bunds; and l. Lifting of water by oil Engines / Generators. 2. Deferred Maintenance Works (Rehabilitation Works) a. Reconstruction of sluices; b. Reconstruction / repairs to Drops & Regulators; c. Reconstruction of measuring devices; d. Rehabilitation of the system; and 3. Original Works. a. Modernization of the system; and b. Any other new construction work in the irrigation system. A Farmers Organisation shall take up the normal Operation & Maintenance and deferred maintenance works i.e., regular works costing up to Rs. 5.00 lakhs or as per the limit prescribed by the Government from time to time and the works shall be executed by the Farmers Organisations under the supervision of the Water Resources Department at the rates not exceeding the estimated rates. The works costing above Rs. 5.00 lakhs or the limit prescribed by the Government are to be entrusted by the Department duly calling tenders. The Government may also prescribe procedures from time to time for the works taken up under various programmes including External Aided projects. Original works shall be taken up by the Department duly calling tenders or as prescribed by the Government from time to time under various programs. The procedure for the works taken up by the Farmers Organisations is as follows: 4. System Diagnosis for maintenance works. i) Prior to the commencement of every crop season (Kharif & Rabi) the Managing Committee and Competent Authority (Engg) of every Farmers Organisation shall undertake to assess the condition of the system (system diagnosis) through a participatory walk-through exercise. ii) The Farmers Organisation shall inspect each and every hydraulic structure and record its status. iii) They have to identify all the critical reaches which need immediate repair as listed out in above. The Competent Authority (Engg) shall assist the Farmers Organisation in preparation of detailed list of works to be undertaken. 5. Prioritizing works. The Managing committee of the Farmers Organisation shall discuss the list so prepared and fix up priority of works to be taken up immediately. 6. Preparation of Estimates. The competent authority (Engg.) and Works Sub-Committee shall prepare estimates for the works so prioritized according to the hydraulic particulars as maintained by the Water R3esources Department at the prevailing schedule of rates within a fortnight. 6(i) The proposals for taking up various works under various categories required scrutiny of CAD committee for approval of the annual Action Plan for O & M and deferred maintenance in each of the project that would include tax re-plough, category B and other Capital and Revenue grant. 7. Administrative Approval. i) Managing Committee of the Farmers Organisation shall accord Administrative Approval for the works taken up with water tax plough back amounts and own resources. The Works Sub-Committee shall recommend estimates of works for administrative approval. The Administrative Approval is subject to availability of funds. Each administrative approval shall be recorded in the register of Administrative Approvals. ii) For the works taken up with the funds including government grants other than water tax plough back amounts and own resources, the administrative approval shall be as per the departmental rules in vogue. 8. Technical sanction. i) The power for giving technical sanction by the Competent Authority (Engg.) shall be based on the approval of the Executive Engineer/ Superintending Engineer / Chief Engineer as per the existing Government limits. ii) The Competent Authority, shall record all the technical sanction in the register of technical sanction; and iii) The technical sanction shall not exceed the Administrative Approval. Explanation 1: In respect of a Distributory Committee and the Project Committee, the Competent Authority concerned may cause the technical sanction to be given by an appropriate officer under his control. 9. Manner of Taking up works a) Works as approved by the Managing Committee of the Farmers Organisation shall be taken up for execution by the Farmers Organisation itself; b) Under no circumstances can a Chairman/ President or Managing Committee Member of the Farmers Organisation execute a work directly in his individual capacity; c) The cost of works executed shall not exceed the estimated costs; d) The Competent Authority shall record the pre-measurements and final measurements for quantifying the work done for making payments by the Farmers Organisation. These measurements shall be check measured by higher authorities as per rules and procedure of Water Resources Department; e) The procedure adopted by the Competent Authority in preparation of estimates, bills etc., shall be subject to verification by higher officials as normally applicable to department; f) In exigencies, when any of the Farmers Organisation is not existing or function by any reason the normal Operation & Maintenance, Deferred Maintenance works i.e., regular works costing up to Rs 5.00 lakhs or the limit as prescribed by the Government from time to time in the jurisdiction of such Farmers Organisation shall also be taken up by the department duly following the rules and procedures in vogue; 10. Maintenance and Adherence to the Designed Hydraulic Particulars. The competent authority shall be responsible for the maintenance and adherence to the approved hydraulic particulars. He shall ensure strictly that the designed hydraulic particulars of an irrigation system are not altered with. He shall guide the Farmers Organisation in supervising works. 11. Limitation on Works. No Farmers Organisation shall have the power to interfere with the designed hydraulic particulars of an Irrigation system. Any violation will invite the penal provisions under Section 23 and also prosecution under Section 24 of the Act; and the rules made there under. 12. Publication of List of Works to be taken up. a) The lists of works to be taken up should be given wide publicity by means of display in the office of the Farmers Organisation and other public places and institutions within the area; b) Along with the lists other particulars of works, estimates, values, and mode of execution should be given wide publicity, and c) If any member wishes to have access to any of the records relating to works to be taken up, he may do so on payment of the fee as fixed by the Farmers Organisation. 13. Freedom to add other Funds or Extra Contributions. The members are free to contribute resources either in cash or by way of material or labour. 14. Proof of works done. The Competent Authority shall maintain L.F. Book and M. Book for recording the work done by the Farmers Organisation. The L.F Book and M. Book shall bear the number assigned by the Division duly attested by the Executive Engineer and these books shall be under the personal custody of Competent Authority. 15. Payment for the Works done. All payments for works done above Rs. 10,000/- shall be paid by cheque. The Farmers Organisation shall maintain a record of all payments made in the cash book date-wise. 16. Quality control. i) Quality control checks shall be as per departmental norms. ii) In case of special programmes or External Aided projects, the quality control checks shall be as prescribed from time to time. Note: Rule 19 (“ Procedure for taking up works”) is substituted as per the G.O.Ms.No.46, dt:23 -2-2007 In sub-Rule 19 (1), k & l are added as per G.O.Ms.No.82, dt: 3-8-2016 The sub-rule 6(i) is added as per G.O.Ms.no.21, dt:5-3-2010 SOCIAL AUDIT OF FARMERS ORGANISATION 20. At the end of each crop season the Farmers Organisation shall conduct social audit as detailed below: i) Social audit shall be for both water utilization against the water budgeting and expenditure incurred for maintenance of the system with reference to funds available to each of the Farmers Organisation. ii) The social audit shall cover; a) Equity in water distribution; b) Increase in production; c) Increase in productivity; d) Crop diversification; e) Multiple cropping; f) Water use efficiency; g) Utilization of resources for execution of works h) Improvement in the cultivated area of the Farmers Organisation compared to previous season; and i) Quality of works undertaken. iii) The social audit so conducted shall be made known to all the beneficiaries under the Farmers Organisation by way of displaying a list containing the benefits accrued with reference to funds spent on the notice board of the office of each of the Farmers Organisation. iv) Whenever a work is taken up the estimated cost of the work, item of work proposed to be executed, details of the executors of the work etc., are to be exhibited on a board at the place of the work; so that every beneficiary under the Farmers Organisation is aware of the details of the work being executed and expenditures to be incurred. v) The competent authority notified shall render all assistance in the conduct of the social audit. The Revenue and Agriculture Officials shall also render the requisite assistance. vi) The social audit so conducted shall be recorded and copy thereof be sent to the Distributory Committee in the case of water users Association, to the project committee in the case of Distributory Committee; to the Commissioner in the case of Project Committee. vii) The auditor shall incorporate the social audit report in his annual audit report together with his specific observations on rectification of defects, if any, noticed in the social audit. OPERATIONAL PLAN AND WATER BUDGETING 21. Water Budget for Farmers Organisation: The Managing Committee of the respective Farmers Organisation shall, along with the assistance of the competent authority, prepare a water budget for the area of operation under its control as detailed below: (i) One month before the onset of the Kharif season, the Project Committee shall, subject to such directions as may be given by government from time to time, work out the anticipated inflows and existing availability in the reservoir and work out the water allocation to all the Distributory Committees; the Distributory Committees intern shall allocate the water made available to water users association in its jurisdiction: Provided that in the case of medium irrigat ion projects, the Project Committee shall allocate to the Water Users Associations. (ii) A Farmers Organisation in distributing water to its member constituents shall have regard to allocations meant for drinking waters, or for any specified purpose as may be decided by Government from time to time. (iii) For the Rabi season, the Project Committee will determine the area to be thrown open for irrigation based upon the actual availability of water at the beginning of Rabi Season. The water so available shall be allocated equitably among the Distributory Committees and water users associations. In the case of medium or minor irrigation system, equitable distribution shall be achieved by adopting circular rotation over a period. (iv) Each of the Farmers Organisation, shall draw up an operational plan which shall specify the quantity of water to be drawn on a fortnightly basis. (v) The drawls of water shall be monitored each day at specified gauge points as decided by the Farmers Organisation. (vi) Review of the drawls and distribut ion shall be done by each of the Farmers Organisation at the end of each fortnight and corrective measures taken. (vii) At the end o f each season the respect ive Farmers Organisat ion shall prepare a report of water received and utilized along with the area irrigated, quantity of water supplied and extent of crops. (viii) T he Fa r me r s O r g a n i s a t io n s ha l l a na l ys e t he shortcomings and deviations in water budget and report to the next higher tier. (ix) In respect of a minor irrigation system the water users association shall decide the operational plan, date of release of water which are to be thrown open for irrigation depending upon the storage/inflows into the system. WATER REGULATION 22. After a water budget is prepared, the Farmers Organisat ion shall draw up a plan of water regulation as follows: a) the dates of release and closure shall be informed to all members well in advance; b) equitable distribution of water amongst all users shall be the main principle in water regulation; c) a Farmers Organisation shall draw water and monitor flows based on the operational plan prepared; d) a Warabandi Schedule (Turn-Schedule) shall be prepared for each outlet in a Farmers Organisation; e) the Farmers Organisation shall, carryout Azmoish of the ayacut with the assistance of the Competent Authority along with the Agriculture and Revenue personnel; and f) a Farmers Organisation may, for the purpose of monitoring, install such devices as may be required within its jurisdiction. 23. ACCOUNTS FINANCE 1. The Farmers Organisation shall open an account in a Nationalized Bank or Government Cooperative bank in its name and shall be operated jointly by the President/Chairman and 1Vice President / Vice Chairman. The Farmers Organisation shall maintain the cash book and accounts of expenditure with appropriate vouchers and receipts. 2. Every expenditure should be supported by a receipt, or voucher which shall be duly passed for payment by the president or any member of the Managing Committee authorized by him. 3. All expenditure has to be approved by the finance sub-committee, at least once a month. Account Registers to be maintained. 4. Every Farmers Organisation shall maintain accounts register. Each of the following record shall bear the name, address and the seal of the Farmers Organisation and shall be machine numbered; namely: a) Cash book; b) Bill registers; c) Contingent registers; d) Anamath register (Day book); e) Receipt books; and f) Cheque registers. Note: 1 substituted as per G.O.Ms.no.53 2 added as per G.O.Ms.no.53 5. 2The amounts realized from fisheries, grass, usufruct, and sale of trees etc., may be credited to the Water Users Association Bank account. RECORDS TO BE MAINTAINED 24. Each of the Farmers Organisation shall maintain the following records, other than the records specifically mentioned in the Act and the rules. (a) The following Maps shall be maintained by each water users association; namely: (i) map showing the boundaries and jurisdiction of the Association, Water conveyance system, within the boundaries of the association; (ii) map showing the localized/notified ayacut with S.Nos., (Form-AA) and (iii) map showing the areas under irrigation not falling within notified ayacut. (b) The following registers shall be maintained; namely: (1) Property Register: i) Inventory Register (Form -I) ii) Register of vacant lands and buildings (Form -II) iii) Register of income on miscellaneous property (Form-III) iv) Register of Machinery (Form-IV) (2) Membership Register: Both with voting rights and without voting rights with details of ayacut Localized / Non-localized and area cultivated (Form-V) (3) Water flow Register: Canal guage Register (Form-VI) (4) Sanctions Register: Register of Administrative and Technical sanctions and payments (Form -VII) (5) Cash Register: Cash Book (Form-VIII) (6) Special fee and tax collection Register: (Form-IX) (7) Minutes Register: (Form X and X.A) i) General Body ii) Managing Committee iii) Separate Register for Committees. Note: The sub-rule (b) of 24 is substituted as per G.O.Ms.No.21, dt:30-1-1999 25. LEVY & COLLECTION OF FEES 1. The Farmers Organisation can levy a fee as prescribed under Section 20 of the Act, 2. A fee can be levied only on the resolut ion of the General Body. (i) the purpose of levying a fee shall: a) to provide facilit ies or ; b) to provide specific services; c) to meet many urgent needs of the Farmers Organisat ion ; d) to build up assets of the Farmers Organisation; and e) t o impro ve t he s yst e m. ( ii) The competent authority sha ll prepare the estimates in case any works are to be taken up under this rule. The Managing Committee shall then decide on the levy of a fee proportionate to the landholding or to the number of members and send a demand notice. 3. All fees collected shall be duly accounted for through proper receipts. 4. A fee collected for a specific purpose shall be used only for that purpose. (a) where a member has defaulted in payment of such levy levied by a Farmers Organisation, the Managing Commit tee shall prepare a list of defau lt ers along with amount s due, which shall be furnished to the Tahsildar of the area in whose jurisdiction the area of operation of a Farmers Organisation lies for recovery under Section 30 of the Act. 5. The Government may prescribe the rates of fees from time to time for any of the purposes. FINANCIAL AUDIT 26. At the end of each financial year, and not later than three months after the commencement of the new financial year, each1 of the Farmers Organisation shall cause its accounts to be audited as follows: (i) the Managing Committee shall, appoint an Auditor who has adequate experience in normal auditing work; (ii) the Auditor so appointed shall be a person of repute in the area of operation of the Farmers Organisation who has reasonable knowledge in accounts or any recognised auditor; (iii) the appointment of the Auditor shall be approved by the Managing Committee of the Farmers Organisation; (iv) the Auditor so appointed shall take all steps necessary to scrutinise the accounts of receipts and expenditure, within thirty days of his appointment and furnish the audit report along with the statement of accounts and balance sheet to the President of the concerned Farmers Organisation, duly attesting the same; (v) the audit report shall be submitted to the general body in its meeting for its approval; (vi) t he M a n a g in g C o mm it t e e o f a Fa r me r s O r g a n i s a t io n shall furnish the implementation report to the General Body on all matters as pointed out in the audit report and the Managing Committee shall implement the decisions of the General Body in this regard; and (vii) if the overall transactions exceed Rs.20.00 lakhs per annum, the Farmers Organisation shall engage the services of a Chartered Accountant. 27. OFFENCES AND PENALTIES 1. The Competent Authority shall have a right to take action on any of the offence specified under Section 23 of the Act and offences shall be booked in Preliminary Offence Report in Form XI by the Competent Authority. 2. The Competent Authority shall give a notice of the offence to the individual. 3. The individual who has committed the offence shall be given reasonable opportunity, to explain his point of view. 4. If the offence is proved beyond doubt, the officer not below the rank of Dy. Executive Engineer having jurisdiction over the area in Form XII may fix an amount as fine, as specified under Section 25 of the Act and get it recovered. 5. The fine amount should be adequate enough to rectify the tampering or damage in the system and injury caused to others. 6. The money recovered as per sub-rule (4) above shall be duly acknowledged and accounted for. 7. In all cases, where the damage due to the offence is estimated to be more than Rs.10,000/-, the individual (or) group of individuals who indulged in causing damages, alterations (or) obstructions in any irrigation system is /are liable for prosecution under Section 24 of the Act. In such cases, an officer not below the rank of Executive Engineer having jurisdiction over the area is authorized to issue prosecution orders against the individual/individuals. Note: In view of omission of sub-Rule 4 & 9, the sl.nos of the next sub-rule are changed and arranged in sequence order FUNCTIONS OF COMPETENT AUTHORITY 28. In the functioning of the Managing Committee of the Farmers Organisat ion, the Competent Author it y, appointed under sub-section (1) of Section 21 of the Act, shall: 1. attend the meet ings convened by the Managing Commit tee, and part icipate in the discussions. However, he shall not have any voting right. He is the custodian of all the vital records and Registers of the Government and also in charge of all the Structures and irrigation systems in his jurisdiction; 2. assist in the preparation of maintenance plan; 3. prepare estimates for works identified for execution; the estimate shall be prepared as per the norms and the rules prescribed by the Water Resources Department from time to time and also obtain approval for action Plan from CAD Committee. 3.a The Competent Authority is primarily responsible for proper upkeep of the Irrigation structures & orderly Water Regulation. 4. to accord or obtain technical sanction from the officer competent to the maintenance works, as per the powers delegated. The technical sanction shall be limited to the administrative sanctions for the work; 5. ensure that no alteration or change is made in the irrigation system, with reference to the approved hydraulic particulars; 6. bring to the notice of higher authorities of Water Resources Department any tampering or changes made in the system, by any Farmers Organisation in contravention of the hydraulic particulars. He shall ensure that action is taken in accordance with the Sections 23, 24 and 25 of the Act as the case may be for the damages caused and also take immediate action for its restoration; 7. provide technical details of the system and guidance to the member of the Managing Committee; 8. record measurements for the work done and pass the bills for payments by Farmers Organisation based on the approval of the works sub-committee. 9. to conduct recall proceedings of a Chairman or Vice-Chairman or President or Vice-President or member of managing committee of Farmers Organisation. Note: in view of omission of the sub-rule 8 to 13, the sl. Nos of the next sub-rules are changed and arranged in a sequence order. And also the sub-rule 28(9) is brought from the GO 53, dtd 11-4-2008 Competent Authority (Engineering) 28A The following officers shall be Competent Authority (Engineering) for different tiers of Farmers Organisation. 1. Water Users Association level: Officer of the rank of Assistant Executive Engineer (AEE) or Assistant Engineer (AE) shall be the Competent Authority (Engineering) for Water Users Associations as notified by the Government 2. Distributory Committee level: Officer of the rank of Deputy Executive Engineer (DEE) shall be the Competent Authority (Engineering) for Distributory Committee (DC) of Major Irrigation Project as notified by the Government 3. Project Committee level: Officer of the rank of Executive Engineer (EE) shall be the Competent Authority (Engineering) for Project Committee (PC) of Medium Irrigation Project as notified by the Government Officer of the rank of Superintending Engineer (SE) shall be the Competent Authority (Engineering) for Project Committee (PC) of Major Irrigation Project as notified by the Government Competent Authority (Agriculture) 28 B The following officers shall be competent Authority (Agriculture) for different tiers of Farmers Organisations. 1. Water Users Association level: (Water Users Associations) Mandal Agricultural Officer (MAOs) shall be competent authority (Agriculture ) to Water User Association (WUA). 2. Distributory Committee level: Assistant Director of Agriculture (Regular) shall be competent authority to the Distributory Committees of major Irrigation Project. 3. Project Committee level: (a) Joint Director of Agriculture (JDA) of the District Concerned shall be competent authority to Project committee of Major Irrigation Project. (b) Deputy Director of Agriculture (DDA) of the concerned district shall be competent authority to Project committee of Medium Irrigation Project. The Functions of competent authority (Agriculture ) are as follows: 1. Attend General Body meetings convened by the managing committee (M.C) or members through requisition, at least twice in a year, one before Kharif and another before Rabi season. 2. Assist the Managing Committee in the preparation of Action Plan for Agriculture production and also contingent plans in case of contingency. 3. Provide literature on irrigated agriculture published by the department or any other reputed organizations. 4. Arrange trainings on irrigated agriculture in consultation with Deputy Director of Agriculture (DDA) Farmers Training Centre (FTC), District Irrigation Agronomist (DIAs), Acharya N.G. Ranga Agricultural University (ANGRAU), Non Government Organization (NGO) or any other organization. 5. Organise on farm Demonstrations (OFDs) in the holdings of Water Users Association members with or without Government aid (selection should be made in the General Body Meetings). 6. Conduct interaction meetings at 2 or 3 critical stages of the crop. 7. Celebrate field day in the presence of farmers, Water Resources Department & Revenue Department officials and record the yields. 8. Record the yields of crop cutting (CC) Experiments conducted by the Directorate of Economics Statistics, if the experiments happen to fall in the area of Water Users Association. 9. If there are no crop cutting experiments in the WUA area, conduct special crop cutting experiments for each crop and season with the help of Assistant Statistical Officer from the office of the Tahsildar. 10. Guide the farmers in the maintenance of the following Records and Registers.  On Farm Demonstration (OFD Register)  Soil Map and Soil Testing results  Statistical register including yield data of preceding 5 years i.e., Crop wise normal areas, yield , Yield potentiality of crops etc.,  Agricultural literature. 11. Collect success stories of the farmers who got good yields and display at prominent places of the village and introduce the farmers in the General Body meetings. 12. Provide technical inputs regularly to all the members of Farmers Organisation for increasing productivity of irrigated crops. 13. Ensure to grow Irrigated Dry (I.D) crops in the tail end areas of canals in the place of paddy for increasing crop intensity. 14. Educate Farmers Organisations on reduction of cost of cultivation of irrigation of irrigated and I.D, crops for getting economical returns by adopting Integrated Nutrient Management (INM) & Integrated Pest Management (IPM) etc., GENERAL 29. 1. The Farmers Organisation shall assist the Government/ Co mmis s io ner /Go ver nme nt au t ho r it ie s in implementing the various provisions of the Act and Rules; and it shall abide by the directions/orders given by the Government/Commissioner. 2. The Farmers Organisation shall assist the District Collector and Election Authorities in the conduct of elections. 3. Every year, in the month of April, an updated list of landholders shall be prepared in Form "B" who used irrigation water. Also other water users such as industrial units, bathing ghats, fishermen societies and such other categories will be maintained in Form ‘C’ . 4. Claims and objections shall be received by the Managing Committee and decisions taken before the end of April. Decisions of the Managing Committee will be subject to appeal to General Body and orders of the General Body will be final. 5. Those members who do not abide by the decisions of the Managing Committee/ General Body who do not pay the water cess/ taxes or who do not make contributions towards the activities of the association shall be subjected to the following course of action; namely (a) the General Body of Association may take a decision not to supply water or provide benefits to such person; (b) the General Body may order for recovery of damages and cause them to reimburse the loss caused to the assets or income of the Farmers Organisation; (c) the General Body may take a decision to prosecute such persons in a court of law. (1) PROPERTY REGISTER GOVERNMENT OF ANDHRA PRADESH IRRIGATION AND COMMAND AREA DEVELOPMENT DEPARTMENT WatervUsees’Association Mandal District. FORM.- I INVENTORY REGISTER FORM DETAILS OF SYSTEM AND COMMAND STRUCTURES Sl. No Details of canal at off take Minor Details of canal / F.C Details of structure Bed Width Other details Dimensions / Lined / unlined Structure Name / Nature Details / Dimensions / Hydraulic stractures The above details of (A) Canal and (B) Structures from off take to end of canal and the details of structures on canals taken off from the main source are to be posted in separate pages as shown in the proforma. FORM -.II REGISTER OF VACANT LANDS AND BUILDINGS Sl.No Location Sy. No. of Land extent /Details of Buildings Description of Building R.C.C/ Tails etc, Extent of land Classification Remarks Mandal Village Sy. No of land Extent Wet I.D./ Dry 1 2 3 4 5 6 7 8 9 10 FORM – III REGISTER OF INCOME ON MISCELLANEOUS PROPERTY. Sl. No Y e a r Income of fishing Income on Trees Income on Grass Income on Lease / Rent of Land/ Structures Income from Machinery/ Mechanical Equipment Others Income A re a o f T a n k / K u n ta A u c ti o n A m o u n t A m o u n t R e c e iv e d D u e A re a o f T a n k / K u n ta A u c ti o n A m o u n t A m o u n t R e c e iv e d D u e D e ta il s A u c ti o n A m o u n t A m o u n t R e c e iv e d D u e D e ta il s A u c ti o n A m o u n t A m o u n t R e c e iv e d D u e D e ta il s A u c ti o n A m o u n t A m o u n t R e c e iv e d D u e D e ta il s A u c ti o n A m o u n t A m o u n t R e c e iv e d D u e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 FORM.IV REGISTEER OF MACHINERY Sl. No Details of Machine Make/ Model /Engine No. etc Date Purchase procurement Received From Value of Machine Remarks Book value Present Assessed Value 1 2 3 4 5 6 7 FORM – V REGISTER OF MEMBERSHIP DETAILS OF MEMBERS WITH VOTING RIGHTS (FORM-A) Sl.No Details of voter Mandal Village Sy.No Extent of Land Area cultivated Name Fathers’ Name WET I.D WET I.D 1 2 3 4 5 6 7 8 9 10 DETAILS OF MEMBERS WITHOUT VOITING RIGHTS (FORM-B) Sl.No Details of voter Mandal Village Sy.No Extent of Land Area cultivated Name Fathers’ Name WET I.D WET I.D 1 2 3 4 5 6 7 8 9 10 WUA-DETAILS OF OTHER MEMBERS (FORM-C) Sl.No Organisation / Name Water Use Members Name Address 1 2 3 4 5 FORM-VI WATER FLOW REGISTER CANAL GAUGE REGISTER Bed width: Supply depth at end: Guage: Discharge: Date Time Gauge depth at start of Association Jurisdiction Discharge in Cusecs Gauge depth at end of Association Jurisdiction Discharge in cusecs Water Used In cusecs In M.C.ft 1 2 3 4 5 6 7 8 FORM-VII SANCTIONS REGISTER REGISTER OF ADMINISTRATIVE AND TECHNICAL SANCTIONS AND PAYMENTS Sl.No Details of works Administrative Sanction Technical sanction by competent Authorities Date of Commencement Period/ Target Date of Completion Financial Details Completed Work Details of Inspection of works/Remarks M.C. Resolution No. & Date Estimate Value Date of Sanction Date / Amount 1 st Advance payment Date / Amount Subsequent payment Date Final value of work/ Payment 1 2 3 4 5 6 7 8 9 10 11 12 13 CASH REGISTER :- FORM.VIII CASH BOOK Recepts Payments Cash Book of Water Users’ Associations Village Mandal, District for the Month of Date No. of Receipts Particulars of Receipt Opening Balance Amount Remarks Date Voucher No Particulars of Payment Payment by Cheque No. Remarks Cash cheque 1 2 3 4 5 6 1 2 3 4 5 6 7 FORM.IX SPECIAL FEE / TAX COLLECTION REGISTER Sl.No Details of Resolution Collected From Levy Amount Amount Paid Due Cash Book reference Remarks Date Sl.No 1 2 3 4 5 6 7 8 9 FORM-X AGENDA Date Item No. 1 2 FORM - X.A MINUTES REGISTER Date Agenda Item No. Discussions and Resolutions 1 2 3 FORM -XI [See rule 27(1) of APFO Rules, 1997] PRELIMENARY OFFENCES REPORT (Under Section 23 of APFMIS Act 1997) 1 Name and address of the person(s)who committed offence : 2 Nature of offence : 3 Place where offence occurred : 4 Estimated value of the damage caused by offence : 5 Name and address of the witness : Signature of the witness Signature of the accused. Signature of the Competent Authority FORM -XII [See rule 27(5)] COMPOSITION FORM (under Section 25 of APFMIS Act 1997) 1 Name and address of the person(s)who committed offence : 2 Nature of offence : 3 Place where offence occurred : 4 Estimated value of the damage caused by offence : 5 Whether notice served to the accused giving opportunity (i.e., within 7 days) to explain his point of view, if so the date and time. : 6 Whether explanation of the accused received : 7 Decision of the Competent Authority : 8 Whether offence proved beyond doubt, if so the details : 9 Fine imposed by the Dy.E.E. / Recommended to the next higher for prosecution. : PROCEEDINGS OF THE EXECUTIVE ENGINEER,………………………. Proc. No…………. Dt. …………… Sub: Ref: ORDER: The Competent Authority (Assistant Executive Engineer) and (Deputy Executive Engineer) have submitted the preliminary offence report / fine imposed report for the damages caused by the accused and recommended for prosecution under the provisions of the Act. Under Section 24 of the APFMIS Act, 1997 (Act 11 of 1997) and Sub-rule 7 of Rule 27 of Andhra Pradesh Farmers Organization Rule, 1997, the accused is punishable under penal provisions of the Act. In the circumstances explained by the Competent Authority (Deputy Executive Engineer) in the reference cited the following accused are hereby ordered to be prosecuted. 1. Sri./Smt……………….. 2. ………………………… 3. ………………………… The Dy. E.E. is requested to file the charge sheet in the Hon,ble Judicial first class Magistrate Court, ……………………….. immediately and report compliance. Executive Engineer, …………………… To The Dy. Executive Engineer, ……………………Sub-Division ………………Village. ANDHRA PRADESH FARMERS’ MANAGEMENT OF IRRIGATION SYSTEMS ACT, 1997 – RULES. (DELINETION AND FORMATION OF WATER USERS ASSOCIATIONS) RULES 2003 [Amended as per Act 4 of 2018] [G.O.Ms.No. 18 Water Resources (CADA) Department, Dt. 08 - 02 - 2019] [G.O.Ms.No.20, Irrigation & Command Area Development (CAD.IV), Department, Dt:20-2- 2003] In exercise of the powers conferred by section 43 read with sections 3,4,5,6,7,8,9,13,21,27,28 and 41-B of the Andhra Pradesh Farmers Management of Irrigation Systems Act 1997 (Act 11 of 1997) in supersession of G.O.Ms.No.45, Dt: 30-4-1997 the Andhra Pradesh Farmers Management of Irrigation Systems Rules, 1997 issued the Governor of Andhra Pradesh hereby make the following Rules. 1. Short Title These rules may be called the Andhra Pradesh Farmers Management of Irrigation Systems (Delineation and formation of Water Users Associations) Rules, 2003( with updated amendments 2018). 2. Definition In these rules, unless the context otherwise requires: 1. “Act” means the Andhra Pradesh Farmers Management of Irrigation Systems Act, 1997. 2. “Authorized Officer” means an officer not below the rank of a Deputy Tahsildar who is authorized by the District Collector. 3. “Form” means a form appended to these rules. 4. “Farmers Organisation” means Water Users Association at the primary level, Distributory Committee at the secondary level and Project Committee at the project level. 5. “Notice” means Notice appended to these rules. 6. “Upper reaches” means the ayacut comprising of 50 percent of the total number of Territorial Constituencies which are adjacent to and nearby to the entry point of the water course based on the hydraulic particulars within the jurisdiction of the Water Users Association”. 7. “Lower reaches” means the ayacut of a Water Users Association covered by the remaining 50 percent of the total number of the Territorial Constituencies.” 8. “Commissioner’ means an officer appointed by the Government as Commissioner, Command Area Development Authority. 3. Delineation of Command Area of an Irrigation System 1. The District Collector shall delineate or cause to be delineated by the authorized officer, the command area of each irrigation system within the district into areas of operation for the purpose of forming Water Users Associations and publish in Notification-1, appended to these rules. The Farmers Organisations so formed shall have distinct names. The distinct name may be either the name of the irrigation system or the name of the tank as locally known. Provided that the District Collector may either suomotu or on an application made to him for the reasons to be recorded in writing revise or rectify, the delineation published in the Notification-I appended to these rules. Explanation: i. For the purpose of this rule, it is hereby clarified that every Water Users Association shall have the name of a village as its distinct name in which the major extent of the ayacut is situated. If there is more than one association in such village, then such association shall be called by adding numerals to the distinct name. ii. For each of the Irrigation System, the district collector shall cause preparation of maps or sketch, indicating the Distribution System like Majors, Minors and outlets along with the related structures in the command area. In the map or sketch the village boundaries, the drains, ayacut roads and all structures shall be marked. iii. The areas irrigated or planned to be irrigated under each of the distributory, minor, survey number wise shall be prepared. iv. The command area for each water user area shall be delineated on hydraulic basis, each to be served by a distinct segment of the irrigation system and with a control structure or a mechanism at its head for supply of allocated or designed quantity of water for that command area. v. Such delineated area may have one or more distributaries or minors or sub-minors or direct pipes or outlets or a combination of two or more thereof, serving its command. It shall also have a distinctly demarcated boundary, which could be a drain, or a bund or an un-commendable land. 2. Wherever the ayacut of a Water Users Association spreads over more than one district, the District Collector of such district in whose jurisdiction the major extent of ayacut lies shall be the officer to exercise and perform the functions of a District Collector in such cases. 3. In case of any doubt or clarification the matters shall be referred to the Commissioner, whose decision shall be final. 4. Delineation of Water Users Associations 1. In case of minor irrigation systems, including tanks, diversion channels, lift irrigation schemes, wells and such other smaller irrigation systems may have Water Users Association covering the ayacut with chain of tanks in a system, which is identified as Cascade or group of tanks or diversion channels. The grouping of tanks, diversion structures or channels, for the purpose of delineation under one water users area shall be done keeping in view, the hydraulic feasibility and administrative convenience. 2. In case of medium irrigation system such delineated water user areas shall be more than one and the ayacut in each Water Users Association shall be in between 400 ha. to 1000 ha.. 3. In case of major irrigation system such delineated water user areas shall be more than one and the ayacut in each Water Users Associations shall be in between 400 ha. to 1600 ha. Provided that the ranges given above are only for general guidance and the water user areas may be delineated or re-delineated depending upon the hydraulic feasibility and convenience of water management. 4. To ensure administrative viability, the area of operation of each of the water user’s areas shall be within the limits of a village or contiguous villages situated within a Mandal, as far as possible. 5. The term of the office of the members is for 5 years if not resigned or recalled or removed or disqualified. And the water user area shall be divided into Territorial Constituencies which shall be a minimum of Six and maximum of Twelve depending on the extent of command area and administrative feasibility as per Sub Section 2 of Section 3. Accordingly the existing Water Users Associations needs to be delineated or re-delineated, as the case may be. Provided that the ayacut under a direct pipe or a pipe outlet as far as possible, not be bifurcated while dividing territorial constituencies. 6. In case any difficulty arises in dividing the ayacut under the command of a hydraulic structure for delineating or re-delineating a water user area, suitable reaches of the concerned Minor, Distributory, Canal, as the case may be considered. 6A.While delineating the Territorial Constituencies of Water Users Association based on hydraulic basis, half of them have to be demarcated as the Territorial Constituencies in the Upper reaches and the remaining half of them as the Territorial Constituencies of Lower reaches, based on their proximity to the water source and notify them accordingly. 7. The draft command area map or sketch of the water user’s area demarcating the boundaries of territorial constituencies in the area of operation shall be prepared. The particulars containing the survey numbers of the lands situated in each of such territorial constituency in Form “A” shall be displayed together with such map or sketch on the notice board of the Gram Panchayat and the Mandal Parishad for information of the land holders. 8. Objections or suggestions against the delineation of water user’s area or the division of territorial constituencies, if any, shall be filed, by the land holders in the area of operation, before the District Collector or an officer nominated by him in this behalf, within a period of seven days excluding the date of display. 9. Within two days of the receipt of the objections or suggestions, the District Collector or the officer nominated in this behalf, shall after conducting a summary enquiry make such changes or modifications wherever considered necessary in the maps or sketches duly recording reasons thereof, whose decision thereon shall be final. 10. A final map or sketch in pursuance of sub Rule (9) shall immediately be displayed in the office of the Gram Panchayat and Mandal Parishad in Form “AA” by the District Collector or by the Authorized Officer. 5. Appeal on the order of the Collector An appeal on the Order of the District Collector made under Rule 4 shall lie to the Commissioner, within 7 days from the date of the order of the District Collector. 6. Delineation of distributory areas 1. The Government keeping in view the operational viability and in consultation with the District Collector, for the purpose of constituting the Distributory Committees, delineate the command area in Notification – III appended to these Rules, under a major irrigation system into such number of distributory areas as they consider proper. 2. A distributory area may contain five or more contiguous water user areas and not more than 12 water users’ areas. 3. In delineating a distributory area, no water user area shall be divided or bifurcated into parts. 7. Delineation of Project areas 1. The Government keeping in view the operation viability and in consultation with the District Collector(s), delineate, the command area in Notification -IV appended to the these Rules under a major irrigation system into one or more project areas for the purpose of constituting a Project Committee or committees. 2. The entire command area under a medium irrigation system shall be treated as a single unit and notified by the Government as a project area. 8. Power of revision and review by the Government 1. The Government may either suo motu or on an application from any person interested, call for and examine the records of the District Collector in respect of any proceeding to satisfy themselves as to regularity of such proceeding or the correctness, legality or propriety of any decision or orders passed therein, and if in any case, it appears to the Government that any such decision or order should be modified, annulled or reversed or remitted for reconsideration, they may pass orders accordingly. Provided that the Government shall not pass any order prejudicial to any person unless such person has had an opportunity of making a representation. 2. The Government may stay the execution of any such decision or order pending exercise of their powers under Sub-rule (1) in respect thereof. 3. The Government may either suomotu at any time or on an application received from any person interested within (90) ninety days of the passing of an order under Sub rule (1) or any order passed by the Government in respect of Distributory Committee or Project Committee, review any such order, if it was passed by them under any mistake whether of fact or of law, or, in ignorance of any material fact. The provisions contained in the proviso to Sub-rule (1) and in Sub-rule (2) shall apply in respect of any proceeding under this Sub-rule as they apply to a proceeding under Sub-rule (1). 9. Preparation of land holders list, Voters list and other Water Users list 1. All the water users who are land holders and in case where both the owner and the tenant are landholders in respect of the same land, the tenant whose tenancy is recorded in revenue Registers with not less than one crop year have the right to vote in the elections to Water Users Assoications.. 2. The District Collector shall prepare or cause to be prepared by the authorized officer, the list of landholders in Form “B” on the basis of Adangal/ Pahani duly including all the persons who are in lawful possession and enjoyment of the land under a water source, on proof of such possession and such enjoyment in a crop year. On the basis of the list as so prepared, he shall prepare or cause to be prepared territorial constituency-wise voters list in Form “D” consisting of those landholders who have completed 18 years of age as on the date of issue of Notification for conducting elections in a water users area for electing the members of the managing committee of the Water Users Association. 3. The District Collector shall also prepare or cause to be prepared a list of all other water users in Form “ C” which shall include industrial units, bathing ghats, fishermen societies and such other categories to be co-opted as members. 4. The lists prepared under Sub-rule (2) shall be displayed on the notice board of the office of the concerned Gram Panchayat and the Mandal Parishad. 5. Before finalizing the lists mentioned in Sub-rules (2), (3) and (4) above, the District Collector shall invite objections against inclusion of any name or names in Form “G”, for incorporation of any name or names in Form “F”, and for deletion of any name or names in Form “H” within a week of display under Sub rule (4). 6. After receiving the objections if any, the District Collector or the authorized officer shall consider all such objections within a week and finalize such lists, by appending the names to be deleted or incorporated, at the end of the each list and a final notice thereof shall be published in Form “I” in respect of voters list and be made available for verification. 7. Each landholder in the water users area shall have one vote only irrespective of his land holding in the said area. a. In case, landholder has land in more than one Territorial Constituency of a water user area the land holder shall opt for one constituency by giving a declaration as specified in Form “E” to the authorized officer. b.Incase no such option is exercised by the landholder the Authorized Officer shall allot his vote to the constituency in which the landholder holds the maximum extent of land; where such land held is the same in two constituencies any of the constituency may be allotted. 10. Appeal for correction of Voter lists Where the authorized officer is a Tahsildar and has prepared territorial constituency wise voters lists, as specified under Sub-rule (2) of Rule 9, and if any discrepancy has been noticed an appeal may be preferred within 7 days from the date of the publication of the voters list to the District Collector against the order of the Tahsildar and such appeal shall be disposed off within a week by the District Collector concerned. 11. Powers of revision and review by the Commissioner 1.) The Commissioner may either suo-motu or on an application from any person interested call for and examine the records of the District Collector as the case may be, in respect of any proceeding relating to correction of voters lists to satisfy themselves as to regularity of such proceeding or the correctness, legality or propriety of any decision or orders passed therein, and if in any case, if appears to the Commissioner that any such decisions or order should be modified, annulled or reversed or remitted for reconsideration, he may pass orders accordingly. Provided that the Commissioner shall not pass any order prejudicial to any person unless such person has had an opportunity of making a representation. 2.) The Commissioner may stay the execution of any such decision or order pending exercise of his power under Sub-rule (1) in respect thereof. 3.) The Commissioner may suo-motu at any time or on an application received from any person interested within two weeks of the passing of an order under Sub-rule (1) review any such order, if it was passed by him under any mistake weather of fact or of law, or in ignorance of any material fact. The provisions contained in the proviso to Sub-rule (1) and Sub-rule (2) shall apply in respect of any proceeding under this sub Rule as they apply to a proceeding under Sub-rule (1). 12. Procedure for forming of a Water Users Association: 1. Every Water Users Association notified for formation after following due procedure of delineation or re-delineation shall be divided into Territorial Constituencies with minimum of Six and maximum of Twelve depending on the extent of ayacut, hydraulic feasibility and administrative convenience. The District Collector shall cause to prepare territorial constituency wise list of water users having right to vote under Sub-Section (4) (i) of Section3of the Act and this list is the basis for selection of a member of Territorial Constituency in the Water Users Association. The selection of members of Territorial Constituencies shall be by a simple procedure like arriving at consensus and where there is no consensus, it shall be by simplified procedure like show of hands, distribution of slips etc., The detailed procedure to be followed in this regard shall be as specified in the Election Manual appended to these Rules. 2. If the selection of the member could not succeed in any of the constituency, the member of Water Users Association of that constituency identified by the District Collector or any of the officer notified by the District Collector shall exercise the powers and perform the functions of the Managing Committee member of that Territorial Constituency. 3. The District Collector shall cause arrangements for the election to the office of the President and Vice-President in accordance with the procedure specified in the Election Manual appended to these Rules. 4. The election to the office of the President and Vice-President in case of Distributory Committee and also Chairman and Vice-Chairman in case of the Project Committee shall be conducted in accordance with the procedure specified in the Election Manual appended to these Rules. 5. No member shall hold more than one selective or elective office in any tier of Farmers Organisations. If a person is elected as President of Water Users Association, he shall resign as member of Territorial Constituency within (15) days of the declaration of the result, by a letter addressed to the concerned Competent Authority. If he fails to do so, he shall cease to be a member of Territorial Constituency of that Water Users Association. The Competent Authority then shall immediately inform the fact of resignation or cessation of such office to the District Election Authority and President, Water Users Association where such committee exists. All casual vacancies in respect of Water Users Association, Distributory Committee and Project Committee shall be filled up as stipulated in Rule 17C of the Andhra Pradesh Farmers Organisation Rules, 1997. 6. All such casual vacancies shall be filled up in normal course as per the Notification issued by the Commissioner every six months under Sub-Section (3) of Section 15. NOTIFICATION - I [See Rule 3(1)] In exercise of the powers conferred by of Sub-Section 1 of section 3 of the Andhra Pradesh Farmer’s Management of Irrigation Systems Act, 1997 (act 11 of 1997) the District Collector …………….. District hereby notifies the area of operation as specified in columns (6) and (7) of the table below. TABLE S. No Name of the Irrigation System Nature of the Irrigation Source Name of the Mandal Name of the WUA Area of Operation Village Extent in Acres (1) (2) (3) (4) (5) (6) (7) Collector & District Magistrate District NOTIFICATION – II In exercise of the powers conferred by Sub-Section (1) of Section 21 of the Andhra Pradesh Farmers Management of Irrigation Systems Act, 1997 the Governor of Andhra Pradesh hereby appoints the (designation)..........................as the Competent Authority (Engineering) for the purpose of the said Act, for the Farmers Oganizations specified below namely: 1 .……………......................... Water Users Association* 2 ……………………….……. Water Users Association* 3 …………………. .……….... Water Users Association* 4 ……………………………… Disributory Committee. 5 …………………………. ….. Project Committee. ………………………………………………………………………………………………… * Every water user association shall have the name of a village as its distinct name in which the major extent of the ayacut is situated. If there is more than one association in such village, then such association shall be called by adding numerals to the distinct name. NOTIFICATION – II (A) In exercise of the powers conferred by Sub-Section (2) of Section 21 of the Andhra Pradesh Farmers Management of Irrigation System Act, 1997 the Governor of Andhra Pradesh hereby appoints the (designation) …………………………………. as the Competent Authority (Agriculture) for the purpose of the said Act, for the Farmers Organizations specified below namely: 1 .……………......................... Water Users Association* 2 ……………………….……. Water Users Association* 3 …………………. .……….... Water Users Association* 4 ……………………………… Disributory Committee. 5 …………………………. ….. Project Committee. NOTIFICATION – III [See Rule 6] In exercise of the powers conferred by of Sub-Section (1) of Section 5 of the Andhra Pradesh Farmers Management of Irrigation Systems Act, 1997 (Act 11 of 1997) the Government in consultation with the District Collector hereby delineate the distributory areas for ……………………. Irrigation System, for the purpose of constituting Distributory Committees as specified in the table below: TABLE …………………………………… Irrigation System. ...…………………………………. District. S. No Name of the Distributory Committee Location of the OT Sluice Name of the WUA Name of the Mandal Name of the District (1) (2) (3) (4) (5) (6) NOTIFICATION – IV [See Rule 7] In exercise of the powers conferred by of Sub-Section (1) of Section 7 of the Andhra Pradesh Farmers Management of Irrigation Systems Act, 1997 (Act 11 of 1997) the Government in consultation with the District Collector hereby delineate the Project areas for ……………………. Irrigation System, for the purpose of constituting Project Committees as specified in the table below: TABLE …………………………………… Irrigation System. ...…………………………………. District. S. No Name of the Project Committee Location of the Head Works Name of the DC Name of the WUA Name of the Mandal Name of the District (1) (2) (3) (4) (5) (6) (7) Note:- Column 4 is in respect of Major Irrigation System and Column 5 is in respect of Medium Irrigation System. FORM “A” [See Rule 3 and 4] Whereas, it has been decided to delineate the entire command area into Water Users Areas on hydraulic basis and which are found to be administratively viable. And whereas, the water users areas as so divided shall be further divided into a minimum of Six and maximum of Twelve territorial consistencies equally as far as possible for the purpose of forming the Water Users Associations in respect of Major/ Medium and Minor Irrigation systems respectively; Now therefore under Rules 3 and 4 of the Andhra Pradesh Farmers Management of Irrigation Systems Rules, 2003, I, ……………………………… the Collector and the District Magistrate of ……………………….. District/ Authorized Officer hereby delineate ……………. Water users area into …………………………… Territorial Constituencies, and direct that the maps sketches indicating the various water users’ areas and the territorial constituencies shall be displayed on the notice board of the office of the ……………….. Gram Panchayat and on the notice board of the office of the …………………… Mandal Parishad. Any objections or claims against the delineation detailed below may be filed before the authorized officer within seven days excluding the date of display on the notice board of the office of Gram Panchayat or the Mandal Parishad. …………………………………… Irrigation System. ...…………………………………. District. Name of the Village …………………Total Nos. of Territorial Constituencies …………… (“a minimum of Six and maximum of Twelve”) Name of the Mandal …………………. Name of the Major/ Minor ……….. Total ayacut in acres ………. Territorial Constituency No. …………[(*) Upper Reach/ Lower Reach] (Part No. ) S. No Location of O.T sluice Notified (Localized) Non-Notified (Non Localized) Village Total Ayacut Survey No. Extent in Acres Survey No. Extent in Acres (1) (2) (3) (4) (5) (6) (7) (8) Collector & District Magistrate / Authorized Officer ………………………………………. District. *Strikeout whichever is not applicable. FORM “AA” [See Rule 4 (10)] Whereas the objections received against Form “A” displayed on ………………………... (Date) have been considered and thoroughly examined. And whereas, it is considered that the amendments to form “A” are considered necessary; and accordingly they are hereby made and revised in the table hereunder. …………………………………… Irrigation System. ...…………………………………. Water Users Association. Name of the Village …………………Total Nos. of Territorial Constituencies…………. (“a minimum of Six and maximum of Twelve”) Name of the Mandal …………………. Name of the Major/ Minor ……….. Total ayacut in acres ………. Territorial Constituency No. ………… [(*) Upper Reach/ Lower Reach] (Part No. ) S. No Location of O.T sluice Notified (Localized) Non-Notified (Non-Localized) Village Total Ayacut Survey No. Extent in Acres Survey No. Extent in Acres (1) (2) (3) (4) (5) (6) (7) (8) Collector & District Magistrate / Authorized Officer ………………………………………. District. *Strikeout whichever is not applicable. FORM “B” [See Rule 9 (2)] Under Sub-Rule (2) of Rule 9 of the Andhra Pradesh Farmers Management of Irrigation System Rules, 2003; I ……………………………………………. The Tahsildar of the …………………………… Mandal being the authorized Officer hereby publish the land holders list Territorial Constituency wise as in the table below. Any objections or claims against the above list may be filed before me within a week from the date of display of this list. Name of the Water Users’ Association ………………………………….. Name of the Village ………………… Name of the Mandal …………………. Name of the Major/ Minor ………………….. District ……………………. Total ayacut in acres ………. Total Territorial Constituencies …………. (“a minimum of Six and maximum of Twelve”) Territorial Constituency No. …………[(*) Upper Reach/ Lower Reach] (Part No. ) (As per definitions 6/7) LAND HOLDERS LIST S. No Name of the Land Holder/ Father’s Name Extent of holding Survey Nos. Name of the Village Age (1) (2) (3) (4) (5) (6) Collector & District Magistrate / Authorized Officer ………………………………………. District. *Strikeout whichever is not applicable. FORM “C’ Under Sub-rule (3) of Rule 9 of the Andhra Pradesh Farmers Management of Irrigation System Rules, 2003, I --------------------------------------------,the Tahsildar of the Mandal being he Authorised Officer hereby display in form ‘C’ the list of all other water users which shall include Industrial units , bathing ghats, fishermen societies and such other categories, to be co-opted as members of Water Users Association. Any objection against the list may be filled before the undersigned within a week for consideration and finalization. Name of the Water Users’ Association: Name of the village Name of the Mandal Name of the Major / Minor District Total Ayacut Total Territorial constituencies ………….. (“a minimum of Six and maximum of Twelve”) Territorial Constituency no. (part no.) LIST OF ALL OTHER WATER USERS Sl.No. Name of the Organisation Water use Members name Address 1 2 3 4 5 Collector & District Magistrate / Authorised Officer, District. FORM “D” (See Rule 9(2)) Under Sub-rule (2) of Rule 9 of the Andhra Pradesh Farmers Management of Irrigation System Rules, 2003, I . The Tahsildar of the Mandal being he Authorised Officer hereby display in this form the list of all the voters who are the land holders and have completed eighteen years of age on the date of issue of Notification prepared Territorial Constituency wise for selecting the members of the Managing Committee of the Water Users Association specified below. Any objection against the list may be filled before the undersigned within a week for consideration and finalization. Voters list of Water Users Association Name of the Water Users Association Name of the village Name of the Mandal District Total Ayacut Total Territorial constituencies ………….. (“a minimum of Six and maximum of Twelve”) Territorial Constituency no. ( (*) upper reach / lower reach) (part no.) Sl.No. Name of the Voter Father’s name Age Name of the village Land holding Sy.No. Extent 1 2 3 4 5 6 7 Collector & District Magistrate / Authorised Officer, District. *Strikeout whichever is not applicable. FORM”E” (See Rule 9(7) (a)) DECLARATION I son of Sri resident at Door No. of village aged about years hold land as follows. Survey No. Extent in Acres Village Territorial Constituency 1 2 3 4 I declare that I intend to vote in Territorial Constituency no. Signature Place: Date: To The Authorised Officer, ............................ Water Users Area ........................... Mandal ......................... District ................................................................................................................................................. I, the Authorized office for the ............................................. WUA, do hereby allot ......................... Territorial Constituency to sri ............................................................ for the following reasons: 1. Based on the applicants request. 2. Based on the extent of land held 3. Others Authorized Officer. ......................................................................................................................................... Acknowledgement : Received an application from for exercise of option to Territorial Constituency in WUA from Sri Authorized officer. FORM ‘F’ (See Rule 9(5)) Claim application for inclusion of name To The Authorised Officer, Water User Association Sir, I request that my name be included in the electoral roll for the above Water User Association. 1. Name (Full) : 2. Father’s /Mother’s /Husband ‘s name : 3. Particulars of my place of residence are: a) House No. b) Street/ Mohalla c) Town / Village d) Post office e) Police Station / Mandal f) District 4. Particulars of land holding a) Survey No, b) Extent c) Name of the village d) Name of the irrigation system I hereby declare that to the best of my knowledge and belief: (1) That I am a citizen of India (2) That my age on the first day of January 1st / July 1st was ----------------- years and -------------- months. (3) That I am Water user of this Water Users Association at the address given above. Signature or thumb impression of Claimant. Place: Date: FORM “G” [See Rule 9(5)] Objections to inclusion of Name To The Authorized Officer, Water User Association, Sir, I object to the inclusion of the name of at Serial No.----------------------------- in -------------------------------- Water Users Association Electoral roll for the following reason(s) I hereby declare that the facts mentioned above are true to the best of my knowledge and belief. My name has been included in the electoral roll for this Water Users Association as follows: Name (in full) Father’s/Mother’s /Husband’s name Serial No. ………………………………………. Date: Signature/Thumb Impression of Objector Place: (Full Postal Address) I am an elector included in the same electoral roll in which the name objected to appear, my serial number therein is ------------------------------------------------I support this Objection and countersign it. Signature of the elector. Name (in full) Note: Any person who makes a statement or declaration which is false or which he either knows or believes to be false or does not believe to be true is punishable under provisions of Andhra Pradesh Farmers Management of Irrigation Systems Act, 1997 (Act 11 of 1997) Form “H” [See Rule 9(5)] Application for deletion of entry in electoral roll To The Authorized Officer, Water User Association, Sir, I submit that the entry at Serial No.-----------------------------------------------of the Electoral roll for the Water Users Association relating to Sri/Smt. * Son/Wife/Daughter of ------------------------------requires to be deleted as the said person is * dead / is not a water user in this Water Users Association / his name is already included in the voters list at Sl. No.----------------------------------as such he is not entitled to be registered in the electoral roll for the following reasons. I hereby declare that the facts mentioned above are true to the best of my knowledge and belief. I declare that I am an elector of this Water Users Association being enrolled at Serial No.------------------------------------of the roll. Signature/Thumb Impression of Objector (Full Postal Address) Date: Place: Note: Any person who makes a statement or declaration which is false or which he either knows or believes to be false or does not believe to be true is punishable under provisions of Andhra Pradesh farmers Management of Irrigation Systems Act, 1997, (Act 11 of 1997) * Strike out the inappropriate words. I am an elector -------------------------------------------included in the electoral roll of the same Water Users Association in which the claimant has applied for deletion. My Serial No. therein is -------------------------------------I support this claim and countersign it. Signature of the elector. Name (in full) Note: Any person who makes a statement or declaration which is false or which the either knows or believes to be false or does not believe to be true is punishable under provisions of Andhra Pradesh Farmers Management of Irrigation Systems Act, 1997 (Act 11 of 1997) FORM “I” [See Rule 9(6)] NOTICE OF FINAL PUBLICATION OF ELECTORAL ROLL It is hereby notified for public information that the list of amendments to the draft landholders list, voters list and other water users list of the Water Users Association have been prepared in accordance with the Andhra Pradesh Farmers Management of Irrigation Systems Rules ------------ and a copy of the said lists together with the lists of amendments have been published and will available for inspection at my office. Authorized Officer, Designation Place: Date: District: ANDHRA PRADESH FARMERS MANAGEMENT OF IRRIGATION SYSTEMS ACT, 1997 RECALL (RULES) [Amended as per Act 4 of 2018] [G.O.Ms.No. 19 Water Resources (CADA) Department, Dt. 08 - 02 - 2019] G.O.Ms. No. 2, I&CAD (CAD.IV) Department, dt 11-1-2005 In exercise of the powers conferred by Section 43 read with Section 3, 5, 6, 7, 8, 10, 17, 18, 19, 21, 30, and 31 of the Andhra Pradesh Farmers Management of Irrigation Systems Act, 1997 (Act 11 of 1997) the Governor of Andhra Pradesh hereby makes the following Rules: 1. Short title. These Rules shall be called the Andhra Pradesh Farmers Management of Irrigation Systems (Recall) Rules, 2005 (with updated amendments 2018). 2. Definitions. In these Rules, unless the context otherwise requires, i. ‘Act’ means the Andhra Pradesh Farmers Management of Irrigation Systems Act, 1997. ii. ‘Form’ means a form appended to these Rules. iii. ‘Farmers Organisation’ means Water Users Association at the primary level, Distributory Committee at the secondary level and Project Committee at the project level. 3. Notice of recall The recall notice shall be submitted in Form I to the concerned Competent Authority (Engineering), signed by not less than: (a) One third of the voters of Water Users Association in respect of a member of Managing Committee, President & Vice–President of a Water Users Association; (b) One third members of the General Body in respect of a President or Vice President of a Distributory Committee; (c) One third members of the General Body in respect of a Chairman or Vice Chairman of a Project Committee. 4. Authority to receive notice The recall notice duly signed as per Rule 3 shall be handed over either in person or through registered post with acknowledgement due to the concerned Competent Authority. Note: Whenever the recall notice is handed over in person, the Competent Authority shall cause to acknowledge the same immediately on the same day. 5. Verification (1) The notice of recall shall be registered in the register maintained for the purpose on the same day by the Competent Authority. (2) On receipt of such notice, the Competent Authority (Engineering) shall cause due verification of the authenticity of the notice in Form II with in a period of 7 days from the date of receipt of the recall notice. 6. Extraordinary General body meeting (1) After satisfying the authenticity of such notice the Competent Authority (Engineering) shall, (i) convene an Extraordinary General Body meeting of the concerned Farmers organization for the purpose within 14 days from the date of receipt of recall notice; (ii) arrange for wide Publicity in all the villages concerned through notices and tom-tom clearly specifying time, date, venue and purpose of extraordinary General body meeting. (2) The Quorum for the extra – ordinary General Body meeting for recall shall be as follows: i Member of Managing Committee President & Vice – President of Water Users Association : One half of the total members of General Body of Water Users Association with voting rights. ii President & Vice – President of Distributory Committee. : Three fourths of the total members of General Body of Distributory Committee with Voting rights, and iii Chairman & Vice Chairman of Project Committee : Three fourths of the total members of General Body of Project Committee With voting rights. Explanation: I. In case of Distributory Committee and Project Committee, total members of General Body with voting rights means all the members including any vacancy existing in the General Body of Distributory Committee or Project Committee at the time of meeting. II. In the determination of one-half or three-fourths of the total Strength, any fraction below 0.5 shall be ignored and any fraction of 0.5 or above shall be taken as one. (3) (a) The Extraordinary General Body meeting convened under Sub-rule (1) above shall be presided over by the Competent Authority (Engineering) of the Farmers Organization concerned. (b) The Extraordinary General Body meeting for recall shall commence at the appointed time and place and the motion of recall shall be moved in the meeting by the person who has submitted the recall notice or any of the members who have affixed their signatures in the recall notice. (c) The Competent Authority shall provide an opportunity to the candidate against whom the recall motion is initiated to defend himself. (d) The Competent Authority shall be put the motion to voting through simple chits ensuring Secrecy. (e) If the motion is carried out with the support of the majority of the members present, the Competent Authority (Engineering) shall by order remove him from the office forthwith in Form – III and the resulting vacancy shall be filled in the same manner as casual vacancy. (f) If the recall motion is not passed in the General Body with the required majority, it becomes in fructuous and the candidate shall continue to hold post. No recall motion shall be initiated again against the same person within a period of one year. 7. Legal Action for Misappropriation The person recalled shall hand over all records, Bank account etc. to the person Authorized in the office order in a complete shape within one week. The Competent Authority shall initiate legal action against the person recalled, if there is any misappropriation of power or misuse of funds during his incumbency in the Organization or for not handing over the records. FORM – I [See Rule 3] Recall Notice We the understanding persons constituting one third of the total number of voters of General Body of (WUA/DC/PC). , (Name of the Farmers Organization) ( Village ) ( Mandal) have lost forth confidence in Sri/Smt/Kum (District ) ( Name of the office bearer ) Member of Managing Committee, President/Vice-President, Chairman/Vice-Chairman of the said Water Users Association / Distributory Committee / Project Committee. We propose to recall him/her. Accordingly it is requested to call for a meeting of the Voters of the General Body of the Water Users Association / Distributory Committee / Project Committee under Rule 6 of the A. P. Farmers Management of Irrigation systems (Recall) Rules, 2005 to move the motion for recall and Conduct voting for the purpose of passing a resolution there at. Date: Sl. No. Name Village Territorial Constituency Number Sl. No. in voters list Signature 1 2 3 4 5 6 To The Competent Authority (Engg.) ( Designation ) (Address) FORM – II [See Rule 5] Verification I …………………………………………………………… being the Competent Authority (Engineering) (Name of the Competent Authority )have received the Recall notice for the purpose of recalling Sri/Smt/Kum. ( Name of the office bearer)Member of the Managing Committee, President/ Vice-president/ Chairman/ Vice - Chairman of the ……………………………… Water Users’ Association / Distributory Committee / ProjectCommittee situated in Village ……………… Mandal (s) …………District………………… and verified the signature names of the persons subscribing to the Recall notice with voters lists of General Body Concerned and satisfied that the names and signatures there in are correct and Genuine. Accordingly I proceed to take further action in the matter. Signature: Name : (Competent Authority ) Designation : Address : FORM – III [see Sub Rule (3) of Rule 6] (Recall/No Recall) An Extraordinary General Body meeting was held in connection with the recall of Sri/Smt/Kum. from the post of (Name of the office bearer) (Name of the post) Of ( WUA/DC/PC) situated in (Name of Farmers Organisation ) (Village) , as per the sub Rule (3) of Rule 6. ( Mandal ) ( District ) I , the Competent Authority ( Engineering ) for ( Name of the Competent Authority ) the above Water Users Association / Distributory Committee / Project Committee hereby  remove Sri/Smt/Kum. from the post of ( Name of the office bearer) with effect from as the recall motion against him/her (Name of the post ) ( Date ) is carried out with the support of the majority of the members present. I for the above Water Users Association / Distributory Committee / Project Committee hereby declare that the recall motion is null and void as it did not carry the support of the majority of the members present/ for want of quorum. Name: (Competent Authority ) Designation : Address :  In case of recall, the Competent Authority to submit the copy of this form to the respective higher authorities concerned and also to the District Collector and Commissioner, CAD.