Odisha Pani Panchayat Act, 2002

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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Orissa Pani Panchayat Act, 2002 Act 10 of 2002 Keyword(s): Area of Operation, Ayacut Road, Chak, Commanded Area, Distributary System, Farmers, Field Channel, Field Drain, Irrigation System, Operational Plan, Pani Panchayat, Warabandi, Water Allocation, Water User 103 ORISSA ACT 10 OP 2002 THE ORTSSA PAN1 PANCHAYAT ACT, 2002 TABLE OF CONTENTS PREAMBLE SECTIONS CHAPTER 1 PRELIM[ NW 1. Short title, extent and commencement 2. Definitions . CHAPTER U . , . FARMEW ORGANISATIQN . 1 . 3. D:lin~ation of water user's area as Pdni Fdnchayat and constitution of Pani Panehayat. 4. Election of members OF Chak Committee and that of the President and members of the I . ' Executive Committ~e of Pani Panchayat. I 5. Delineation of distributary area and constit ulion of Distributary Committee, 6. Election of President, S e c r e t ~ ; Treasurer and constitution - of Executive Committee Distributary Comrnittec. I 7. Delineation of project area and constitution of Project Committee. 8. ' Election of president and constitution of the Executive Committee of the Project Committee. 9. State LeveI Committee. . 10. Procedure for reql l . 11. Constitution of S u ~ m m i t t e e s in Farmers'organisation. 12. Farmcrs' Organisation to be a Body Corporate. 13. Charges in Farmers' Organisation. ! I 14. Disqualificatiqn of candidates of members. 15. Filling up of vacancies. CHAPTER IU OWECTS AND FU~CTXONS UP THa FARMBRS' QRGANISAT~ONS 16. Objects. 17. Functions of Paoi Panchayat. . I , 18. Functions of Distributary Committee. 19. Funclions of lhe Project Committee. I 20. po,wer to levy, collect fee and water tax. 21. Appointment of competent authority and its f"nctions. CHAPTER IV R~SOURCES 22. Resources or Farmersm ~rganisation. .CHAPTE;R v OFFBNCES AND PBNALTIBS 23. Offences and. penalties. 24. Punishment u n d e ~ other. laws not b a r d . 25. Compounding of offences. CHAPTER VI 26. . ~etzlcment of dispute:. 27. Appeals CHAPTER VLI 28. A ~ ~ u n t s , records and documents to be kept by the Farmers' 3r:dnisat ion, 29. Audit and inspection. 30. Recoverj of dues. 31. Meetings. 32. Resignation. , 33. ~ppointmcnt of a Commissioner. 34. ~ransi tional arrangement. 35. ~uthentication of orders and documents of the Farmers' Organisation. 36. Actions not to be invalidated. 37. Deposit- and adminkration of the funds. 38. Sinking Fund. 39. ~ u d g e t . 40, Pmtection of action done in good faith, 41. Power to remove difficulties. 42. Savings. 43. Power to make rules. *THE S)RISSA PAN1 PANCHAYAT ACT, 2002 [ ~ e c e i v e d the assent of the Governor on the 25th June 2002, first published in an extraordinary , . issue of the Orissa Gazette, Exlraordinary issue of the Orissd Gazette datedthe8thJuly,2002(~0.'1053)] AN ACT TO PRO'V113E FOR FARMERS' PARTICIPATIGN 1N I H E MATc'AGEMEhT OF IRRIGATION SYSTEMS AND FOR MATTERS CONNECTED 'IHERE'CI'ITR OH . INCIDENTAL THERETO. Whereas, i II the State of Orissa, which is rsscntially an agricultural, State depending on an efficient and equitable supply and distribulion of water, which-is a National: Wealth. ensuring optimum utfIisation of water by farmers for improvement of agricultural production is the utmost need; And whereas, scientific and sy stemetic c ' e ~ e l o h e n t and maintena-cce of irrigation infrast r uclure ' is considered best possible .through farmers' participation; 7 And whereas, such Farmersy Organisations have to be given an effective role in the management i and maintenance of the irrigation systenl for equitable and 2e~er.dabIe s u p ~ l y ard distribution of water; I . And whereas, it isjnecessary in the State of Orissa to enact a Jaw for f a m e ~ ~ ~ participation fa the management of irrigatron systems by way of forming Pani Panchayats. Be it enacted by the LegisIature oi the State of 0rissa in the Fifty-third Year of 4h0 ~ e ~ u b f i c of India as follows : CHAPTER I PRELIMINARY Shaa title, 1. (1) This Act may' be called tbe Orissa Pani ~anchayat Act, 2002. t*nt and' , . Eommcu cement (2) It extends to the whoIc of the State of Orissa. , . . (3)'It shallcome into force' on such: ' &ti ab . t t e , . Govkrarient may by . **not~cation in the Oririssa Gazeffe appoint. and different' dates as may be appointed for different areas and for different-proviaiom. =tfidtiooa 2. (1) In this Act, unless the context otherwise requires:- . (a) %rea of operation" in relation to Farmers' Organisation means contiguous patch of Iand in the commanded area of an irrigation qstem as may be notified £or the purposes of this Act; (b) "ayacut road" mesns a road within the area of operatian of a- Farmers Organisation,f~~ the purpose of irrigation and agriculture-but does not incIude a road vested iq a Garma Panchayat,. Panchayat Sarniti, Zilla , Parishad, Municipality, Municipal Corporation or Roads -and Buildings Department of the Government; . '(c) "chak" means an area irrigated by one outlet; a (d) "Chief EngineerIChief Engineer and Basin Manager" means the Chief Engrneer under whose jurisdiction the irrigation system is situated and includes any officer specially notified by the Government- to perform all or any of the functions of lhe Cbief Engineer under this Act; (e) "commanded area" means an area irrigabd or capable of being irrigated eltber by gravitational flow or by lift irrigation or. by any. other method from a source funded by Government or by Coqperative Society and includes every such area whether it is calIed 'ayacut' or by any other name . . under any law for tbe .time being io force. For the Bill, see Orissa Gazette, ~xtraordinary dated the 26th March 2002 . ,(N0,456): , +- , ' "* Came into .force !v., e. ,f. the 15th November 2002, vide .department' of w a t e ~ ' Resources NQ, 40881-W, R., dated the 15th November, 2002, (f) "compe:ent authority" means the authority appointed under section 21 ; 1 (g) "distributary system" means and includes, (i) all main canals, branch canals, distributaries and minor cands constructed forathe supply and distribution of water for irrigation; (ii) all.works, structures and appkiancss connktcd with the distribution of water for irrigation but does not include headworks; and , (iij) all f ie~d channcls and other related channels and structures under a .- outlet or pipe outlet; @) "Farmen' Organisationm" means and includes,-. (i) Pani ~ a n & a ~ a l at-the primary kvd consisting 01 a11 the water users, as constituted witbin a specieed hydraulic boundary of a major, medium, minor (flow and lift-both surface and grouud water) and creak irrigation projects funded by Government as constituted under section 3; (ji) Distributary Comnittce at th~t sscoadary Icvcl, as constitut~d nnder section 5; and . . (iii) P r a j ~ i CDmir lcz at rhe project level, as constituted under section 7; (i) "fieId channel" includes a channel existing or to be con~lructed by the Government or by the landholdms or by any agency to receive and distribute water from a pipe outlet; (j) "field drain'' includes a channel excavated and maintained by the land halder or by any other agoncy. to discharge waste or surplus water from the landholding under a pipe- outlet; and includes drains, escape channels and other similar Works existing, or to be constructed. (k) "financial year7' means a year commencing from the 1st April of the relevant pear to the 31st March of the ensl ing year; (l) '~inanciag Agency" means any organisation or bank in India which lends money and includerr any commercial bank, or any Co-operative Soclety or any other bank or organisation established or incorporated under any law, for the time being in for* which !ends money or any External Organisation such as European . Gommunlty, World Bank, Kreditanstalt Fur Wiedefaufbau (a W), Germany, Department for Intornational Development(~~~D), U. K., etc. for the de~eIopment ofthe arm of operation of the Farmcrab Organisation; (m) "f3overnrn:nt" means the State C)owrnment of Orissa; (0 ) "hydraulicbasis" means tho basis for identifying a viable irrigated area served by one or more hydraulic structures such as headworks, distri butaries, minors, pipe outlets and the like; (0) "irrigatton systemw means a system of irrigatioa for harnessing water by Werent methods,having severalty as such as major, medium, mlnor and creek irrigation sgskrn and other a k d uses from Governmint or ea operative source and includes reservoirs, open head channels. diversion systems, anicuts, lift-idgation schemea. tanks, web, and the like; (i) "major irrigation ~ystem" means irrigation syatem nnder an irrlgetion project having irrigabfe commanded area of more than 10,000 hectares, (ii) abmedium irrigation system" means irrigation system under an irrigation project having itrigable commanded area of more than 5000 hectares and up to 10,000 hectares; (iii) "miaor irrigation systemg* means irrigation system under an Irrigation project having iirigable commanded area np to 2,000 hectares and - shaU lncludo 'Lift.~gation ~oiats and met figation prokcts. Ip) r'landholder'' meam an dwLar dr' :and or a tenant or both recorded as . such in the rzcord-of-r ights under thc Orissa Survey and S~tllement Act, A& 1958 1 3 or 1959. Ihplanation (i) In .case the recorded land holder is dead, his l eg1 heirs wiU be treated as Iandholdzr~ for the purposes of this Act; (jj) I n case the land is sold by the iandhalder through a ;regislered sale deed, the seller will cease to be the landholder and the purchaser shall lreatcd a ; thc !andholder far lh= purposes of this Act; (q) *.maintenance" means execution of such works on the irrigation system cs are necessary ro ensure that the physical system, designed to the standards, operates for pro-mr distribution of water-to the landholders in the area of operation; '(r) "nclriCication9' m a n s a notification pub1 ished in the Orissa Gazette, and th expression 'notified* shall be construed accord'ingly; "oporatiunal plan" means a schedule or irrigation deliveries with details of the mode and duration of supplies drawn up for regulation of irriga tion in the commanded area of an irrigation system; (t) "pani panchayat" means an organisatioa declared i s such under this Act casisting of such members as men~ioned in sub-section (4) of section 3; (u) c*prescribed'' means prescribed by rules made under this Act; (v) "warabandi" mems a system of distribution of water allocation to wutm users by turn, according to an approved scheduIs indicating the day. duration and the time of supply; ' (w) **water allocstionpJ in relation to an irrigation system moans distribution of water determined from time to time by a Farmed Orgenisati~n in its area of operation; and -, (x) *<water user" mcans any individual or body corporate or a society using water for agriculture and domestic purpose ,kom an irrigation work. , ' (2) Words and expressions used in this AFI , but not deflned, !hall have the 1 u m e meaning as rzspactively assigned to them in the Orissa Irrigation Act, 1959 ' and the Orissa General Clauses Act, 1937. F u m 9 ORGANISAT~ON Del W o n 3. (1) Thesuperintending Engineer- of an higation projecl may by noti Or fication and in accordance rvlth the rules made under this Act, in this behalf* em' a ~ a as Pan- delineate every commanded area under eaah of the irrigation systems on a &ayd e d hydraulic basis ordrearrly between 300 to 600 hectares whjch may be considered eomhbon admiuistratively viable; and declare i t to be the area of a Pani psachayat for the Of purpose of this Act: pmbymt. , Provided that in respect of the commanded area under Iift irrigatioa systems, the entire commanded area may, as far. as possible, form a single area of pan1 panchayat and may be notified as snch by the concerned Executive Engineer of Orissa Lift bigation Corporation. (2) Every pan! panchayat's area shall be comprised of several chaks which shall as far as possible cover the area irrigated by one outlet. The number ' of chaks shall not b e less than four or as may be specified by the concerned Superintending Engineer: provided that there is oo necessity pf formation of.my chak for Constituting a paai Pan~hayat in c u e . of Lift higation Points having a comm~tnded area of b3s than 40 hectafes. Oelssa Act 14 Z4d p59. orirsam 401 1937. (3) Therz shall be a pani Panchayat oalled by its local distinct name for every area as delineated under sub-section (I) and the headquarters of 'such Pani panchayat shall be fixed in the same location. (4) ti) Every Pani Panchayat shall consist of a11 the water users who are land holders in the area of a Pani paachayat; EIection of membem of chs3eCo mmittea and that of the Presi dent and M e m b of the -ye Commitlec of Pan1 . . mehayat. Explanation I-A landholder -may nominate any adult member of histher family to be the member of the Pani Panchayat. . Explanation U-A minor landholde; shall be represenred by .bis,her legal guardian. fijl Government may, by notification nominate at least one officer each from Department of Water Resources, Department or Aericu1tu;e and Depart ment of Revenue to .be the members of the Pani Panchayat without having the right to vote. . . ( 5 ) Members specified -in clause (i) of sub-section (4) shell constitute 'the General Body of a pani f anchayat and shall have the right lo vote. . 4, (1) All the landholders in a &k will elect three members in, the manner may be prescribed to form a chak Committee In such a way that there shall be . one member from the upper reach, one from the . middle reach and one from the lower reach within the chak. They mill also simulraneousIy elect one among those jb]Fee to represent the chak in the Executive Committee of the pani panchayat. ID case of Lift Irrigation Points the members of the Executive Committee of -a paoi PanchayaC shall be elected by the me-mber of the General Body of the sa~d pani Panchayat. A person eligible to become a member of more ,than one '~hak Committee of a Pani Panchayat shall be entitled to be a member of all the respective Chak Committees but he c p be an Executive Committee member , of , only one Pani Panchayat of his choice. , . (2) There shall be an ~'xecutive Committee for each Pani Panchayat consisting of the representatives or the chaks elected by the landholders of each chak. In , case of Lift Irrigation Points the number ,of members of Execut ive Committee shall not he Iess than four or more than ten. (3) The Superintending Engineer shall cause arrangements for the election of ' a mehbbr of the Bxmtive Committee from eakh'chak by dl the- landholders of , 'the chak by .the method of secret ballot in the.manner ,pre~cri bed. ~n case of , ~ i f c $rrigationPoints the Executive Engineer of Orissa Lift Irrigation Corporation or any other o6Fcer authorised by Oovernment in this regard shall Cau6e arrange ments for the election of the member of the Executive Committee of the Pani Paaayat. . . . (4) The superintending ~ng ineer~ sbah make arrangements for the election of the praident of the Executive Commltlee of the Pani panchayat by. the members of fhe Executive Com,miitee by the method of -secret ballot in the manner prescribed. a s e of Lift Irrigation Points the-Executive Engineer of Orisea Lift Irrigation . ~ ~ r p ~ f ~ t i o n ' or any other officer authorlsed bY Government in. this'regard shall make arrangements for the election of the President of the Executive Committee by the metbod of secret ballot in the manner prescribed. (5 ) If at an election beld under sub-sections (3) and (4) the ,members or the ~r&ident of the Executive Committee of the Pani Panchay at, as the case may be, are-nbt elected, fresh elections shalI be herd within a period of 90 days from the date of such failure in the manner prescribed. , (6) The President shall, if not, recalled earlier, be In office for a period of three years fcom the date of the first meeting and the members of the Executive Committee -shall be in office for a period of three years from the date-of the first meeting of the Executive committee. ., 0) The Executive Committee shall -exercise the powers and perform the .. . functions of tho Pani paticbayat. (8) The Executive Committee shaLl clect one Secretary and .one Treasurer in themanner as may be. prescrib-ed, from among,. the membem ,of the Executive Cobmittee-to assist its President.. The Secretary and'the Treasurer shall function at the pleasure of the majonty members of the Executive Committee. (b) Government may, by notification nominate at least one officer each from the Department of Water R e s o w s , the Deparlmcnt of Agriculture . and the Department of Revenue to b the members of the Project Committee yithout having the right to vote. (4) The term of the ~ e n e r a l Body of the Project Committee shall be for a w k d of three years from the date of its first meeting. (3) The project area of a Medium and Minor (Flow) Irrigation Project shall cover the entire commanded area orthe Project. All [he Presidents of ' the -Pani Pancha~ats within the project area so long as they hold such oL5ce shall: constitute the General Body for Project Committee. ' (6) In thc irrigation systems having one Pani Panehayat, there shall be no Distributary or Project Committee. E l d o n of 8. (1) There shal1 be an Executive Committee for every Project Committee W d e n t which :hall consist of the members elcctcd by the General Body of the Project wndta- Committee in t k manner prescribed and by the method of secret ballot and :Pall not be more than nine. .. cod-1tie . of Iha (2) Tha members 3f the Execulive Committee ~ball eled its ~re~- ident PPbX , from among themseivcs in the manner prescribed and -the CbieF Engincer Coudbtes- ,shall make the arrangement for such election. . (3) If, at an election held uuder sub-scot ions. ( I ) and (21, the membars. and the President of the Executive Committee are not elected, f r ~ h election$ shaI be held ip the Prescrihd manna within a pcriod of 90 days from the ,date of such fall nre. (41 T h e term of offim of the President if not recalIed carlier, and that of the members of the Executive Committee -shall, bc coterminous with the term, of Gencral Body specified in sub-seclion 44) of section 7. ( 5 ) The Executive Committee shall exercise the pokers and perform the funct~ons of the Project Committee. (6) One S e c r e t q and one Treasurer shall be elected -from among tht members of the Executive Committee to assist its President. .The Secretary and the Treasurer shall function at the pleasure of the majority members of the Bxecut ive Cornmyel. (7) Government may by notification, nominate one officer not below the .rank of ExecutiveBnginwr of the ,Department of Water Resources and anolher offier not below the rank of District Agriculture O5cer of the .Department of Agricuilure without having the right to vote, lo be the permanent ipvitees to the meetings of E m t i v e Committee. SWa L e o 1 9. (1) The Government may, by notilication, consiitute a ~ t ~ e ' Lcval Cbmmlttcc. Committee with such number of Prsidents of the Project Committees as may be considered necessary, but not exceeding ten. (2) Tho Government may, by notification, nominate such number of Government officials and professionaIs nor cxceedlng .ten as may be considered necessary, to be the members. of the State Level Committee. (3) The Committee constituted under sub-sections ( I ) and (2) may ex,creise such powers and functions .as may be necessary to-, (9 Iay down the policles for im@lerneutatio n of the . provisions of this Act;. ' .and (ii) give such directions to any Farmers' ~&sisation, as may be considered nessary , in exercising their powers and performing thcir functions In accordance with the provisions of this Act. (4) '~he term of the State Uvel Committee shall be for a' period of three yearsfron the date of its constitution, whichmay be extended by the Government for a further period till another Committee is constituted. Constitution of muhorn mittces in Farmem' I ~ O D . Organisation to be a Body GrPomtc. 10. (1) A morjon for convening a special meeting of thc General Body for recall of a president of a Farmels' Organisatr an may be moved by giving a wril!en notice in the manner as may be prescribed, signed by not less than one-third of th= total number of member's of thc Fatmcrs, Orpanisation, who are entitled to v t tc: provided that no nor ice of motion under rhis section shall be moved within one year of the date of assumption of office by the person against whom-thc motion is sought to be moved. (2) Iftbc motion is carried with the supporl of iwo-third majority of thc members present and votinc *:at a meeting of the General Body specially convened for thc purpose, the Ch'cf Engincer shall by order rcmove him from office and the resulting vacancy shall be fillcd in the same rnanncr as a casual VaGancy: provided that 1 he quorum for thc. special1 y conveocd Genural Body shall be 50 pcr cent of the total mtmbers o f t he Gencral Body. 11. The Executive Committee of a Farmers' Organisatioo may constitute sub-committees from among its members to- carry ouT all or any of the fr~nciions vestcd in each buch organisation under this Act. . 12. Every Farmers' Organisation shall be a body corporate wi:h n distinct namc having perpetual swession and a common scal and subject to the provisions of this Acr vestcd with the capacity of cntcring into' contracts and of doing all things necissary, proprr or expedient for the purposes for W h i c h it i s constituted and it shall suz or bc sued Jn its corporate name represented by the Secretary. 13. The authority cornpcte~lt to drlineatc the boundary of a Farmers' Organisation may, in the intcrest of ii Farmers'. Organisation in the commanded area by notifiolion and in accordance wjtb the rulrs madc in this behalf, (a) furm a new Farmers' Organisation by separating the area from any Farmers' Orgmisation; (b) increase the ama of any Farmers' Orgailisation; (c) diminish the area of ahy Farmcrs' Organisatioo; (dl alter rhe .boundaries o i any Farmers1 Organisation; or (e) cancel a nolification issucd under this Act for rectilying any mistake: providcd that no such scparation, increase, diminutjo :, alteration and anceUation shall be effected unless a reasonable opportunity is givcn to Ibe organisation likely to be affected. 14. (I ) 1x0 oflicer or .servant of the Government of India or any Statc . Government or of local authority shag be quali ficd for bcing elecred as or for k i n g a president or 8 member of the.EXecutive C.ommitte of a Farmers4 Organisatioo. .(2) No person shall be qualified for beiog.elccted as a presidepi or .a mernkr of an Executive Committee who, 0.n the da tc h c d for scrulhy of 11ominaIions for electioi, or on the date of aomi ation, (a) has becn convicted br a criminal court of any offence involving m o d turpitude eomiited uuder any law for the timebeing in force ; or , (b) i s of unsouqd mind and bas been so dccIarr d b ~ a .competent court ; or (cj is an applicant io be.adjudicated as an insolvent or dkclared as an insolvent or an'undischarged ipsolv,ent ; or (d) is a defadter of land revenue cr watcr tax rbr charges payable citbcr lo the Govergment or to a Co-operalive Society or to the Farmers' Srganisation; . . or . . , . (e) is intercsted in a subsistiqg contract rl;ade with, or any work being done . .. for, the Grarna panchayat, pancl~ayat Samiti, ZiIla Parishad or any State , 1 t or Centr;:l Govcrament or tllc Farmcrs' Organisation ; provided that aperson ' ~ ~ ~ 1 1 not bc deemcd to have any interest in such conlrncl or work by rcason only of bis share or interest in ( i ) a-company as a mere sharehblder but not as a Director ; or * I ( i i ) 3nY lea5~. salc or purch~se oi immovnsle property Or any agreement for thc same ; or ( i i i ) .InY ncwspzper in which any advertisement relating to the affairs of the Farm-CIS' Or~anisation is i~lser ted. (3) A president or a member of ~xccutive' Committee shall also .,become disqualified lo con~inue in office if h (a) is' convicted in a criminal case involving moral turpitude ; qr ' . , , {b) &senis bimself from ntte riding three consecutive mcetings without reasonable: muse. . . ~illim up of IS. (I ) A vacancy arising either, dbc to di~~ualificalion under sub-scction (3) . , ' ~ a k o ' e s . of section 14: or due to death or resignation or'by any reason, shall bc filled up by , , , . , nomine tion till the vacancy is filled up in the manner prescribed. , . , ' ,:! (a) A vacancy in t qe ~xecutive':~omrnittee of thc Pani panchSrgat shaIl be fUIe9 ' : ,! by nomination by the E X ~ C U ~ ive Committee of the Distributary Cornmitree: - . - q 'in the case bf Majof Irrigation Projects, or by the Erecutivc Committee-of the project Conmittee in casc of Medium and Minor Irrigalion projects, . in . . the rrranner prescribed; . , 1 . - (b) A $can& in thc Executivc Cornmiltee df the !)istributary Committee shall bii filled by nomination, by the Executive. Committee of the Project #..; , : :' . Committee in t!le manocr prescribed ; and . . . , (c) A vncancy i n thc Executivc committee' of the Pr~jzct Cnmmittce shall he filled by nbdnat ion of the Government, in the rrianner prescsibcd. . * ' (2) The Chief Engineer or the Superintending Engineer or the Executive en pincer^, as the casu may be, shall t a b necessary sKps to cdnduct elections to fill up any vacancy caused milhin a period of tl~rce mont hs-from the date of occurrence . . or such vacsncy. '(3) T:;e tcrm'of office d a member uT an Executive Committee or a President of the Farmers' Organisation, elected under sub-sect ion (2), shall expire at the time at which i t .would have expired, if hehad been eiected at the ordinary election. , . . . . - , , . , * , , .I.. . . . OBJECTS AND FUNCTIONS OF ~ r n FARMERS' ORGA~ISATIOKS ' ! . , -- - ' ,;-I O b j m . . 16.: ~be:objkcts-of the.~armcrs* Organisation shall be to prbmote and- sekure . . . distii bution of water among its users, adequale maintenance of the irrigation . . . - , . ,. . . system; o5cient - and , economicuL utilisation qf watcr to oplimise agricullurai production, :to protect thc environment, and to ensure ecoIogical 'balance by . involving the farmers, inculcating a sense of ownership of the irrigation system . in accord~nce rt it h tho. water budget and the operational plan; . . Functions of 17. The P a& Pagchayat shall perform the following functions, namc1y: Paoi Psochayat. - ' (a) tb prepare. a cropping prbgrammc suitable for 'the sbil and agrecliiaatie candi tion with due regard to crop diversification ; . . , . . , ., . . - . - 1 : - .; . , ;. , , , ? . . .. . . . . . . .. .. . - , - 7 1 (h) to prepare a plan for the maintenante:of irrigation system fn the area of its , operation at the end of each crop season and carry out thc maintenance * .'. , . . . - .works of;both distributary system and minor, sub-minor,an& fleld. ';drains , . . ;;: i :. iq-.its .ar-ea .oPLoperation with thc funds:of the Pani.Panchayst ir'cim time to tiinc ; 'id . - . (c) to manage the Lift Irrigation Points as may be, .handed ovcr r q ,the FArmers' Organisation through a mutual agreement Mtiveen tn'a parties, as may be prescribed ; - , , (4 to regulate the use of water among the various pipe outlets uudcr irs area of operation aeori!ing ro the \ \ arabandi schedule bf the syslem ; (e) to promote cconomg in the use of waicr allocated ; (A to assist . t h e Revenue Department in the preparatibn of demakd and coIlection of wzter rates ; . ~ i m a t i o ~ r - ~ a casc of European Communily Aidcd hiinor lrrigatio a (Flow) Projects, the Fermers' Orgaoisatidn will be exempted from paymcnt o f Water Tax to the Rcvenue Dtparlme~i t as laid down in Resolution Nu. 48049, dated the 4th December, J999 : of the Department of Watcr Resources ; ' , . . . " (g) to eollect fees from the water users of the Lift ,Irrigation points for payment of energy charges, for repair, maintenancc'of machineries anri distribution . system, future replacement of machines, ctc ; ' . , * . ' (h) to maintain a register cf landholders ;, (I) to prepare and maintaia an inventory or the irrigation. system within . ;-rj - :: ;.. , the area of o p q a t i ~ n ; . , , , . ... ($ to monitor flow of water for irrigation; . , . : fl) to resolve the disputa. if an::, between' ths members 2nd water usefs in its area of operation; (1) to raise resources; ' @ ) t o maintain accornts; . In) lo causc ;annumll audit 01' i l s accouiits; (0) to assist in thr: conduct ol~olec~ions! to 'tho E ~ t x u t i \ ~ c Committee; ! bj to maiutain other records as &ay Lic prcscribcd; . (9) to abide by the decisions of thc Dislribulary and projsc~ Commi ltecs; .. - , . (1) to cond"cr Gcilcral Body meetings, as may be prescribed; , . (s) to cneoura e avenue plantatio? on canal bunds and ,lank b ~ n d s by . leasjag; sucf bundr ; (t) to conduct regular water budgeiing; and (u) to ccnduct &iodica1 socia1 audit, as may be presciibcd. ~ ~ O B S Gf .IT-..---.- 18. Tbk Distributary Cgmrniltec shill perform lhe following hct ions. DislnIutBiy . a gely :- ,. -, . w i t t o e . :, - ' . , (a) to prcparc -an operational plan based &i its en~itlcmsat, arcs,. soil, cropping pattern at thc beginning of each irrigation season, cons~st~~nt with 'the opcrationaI p lh prehred by the Project Committee; . . , . . . , . (b) toyprepare a plan :for the ~aintenance of bolh distributaries and &Id drains within its area of opearation a t the end of each crop season and execute 'the main1 eoance yorks. with the funds . . of thc Committee from time to tihe; '' " '''. (c). to regulate .the use of wzler bong the variou's pani ~ a o e h a ~ a t s under 11s area of operation; : I: :. : . . r, ' - (d), :to 're'solve -dispute$, , . i f .'any,:betwdcb . - fie' pmi ~&;ncba~ats in i t s - area of opcratio~: ::-' I r . I . . . , , I . . , . , ( 2 ) to malateip an inventory oC the Irrigation system in the v e a of its operati on, including drains; - . ,(f) to promote economy in the use of water allocated; (g) to maintain accounts; (b) to cause annual audit; (i) to mantain other records as may be prescribed; (j) to monitor the flow of water for irrgation; (k) to conduct General Body mee~ings as may be prescribed; (1) to abide by the , decisionh of the project Committee;, (m) to causc rcsular rvatcr budgeting and the periodical social audit as 'may be prescribed; (n) to assist in the coriduct of election to the Eiecuiive Committee; and (0) to encourage avznuc plantorions in its area of operation. mct lws of ,19. (1) Thc project Committee shall pertfcrm the following functions, namely: the Project Cornmiltee. (a) to approve an operational plan based on. Its entitlement, area, soil, cropping Pattern as prepared by the ccmpelenr authority in respect of the entire projeqt area at the beginning of each irrigation season; (b) to' approve a plan for the maintenance of irrigation system inchding b e major drains within its area of opcktion et the end of each crop season and execute the maintenance works with the funds .of the Cornmiltee from tide to time; (c) to mainfain a list of the Distributary ~omrnitrees and- Pani Panchayah in its area or operation; (d) to maintain an . inventory of the distributary and drainage systems in its area of operation; . ' (e) to resolve disputes, if any, between the Distributary Committees; (f) to 'sromote ecodomy in the use OF of water; (g) to maintain accounts; . . (h) to cause annual audit of its accounts; (i) to maintain other records as may be prescribed; (j) to conduct- General Body meetings as may be prescribed; (k) lo causc regular water budgeting and the periodical social audit 8s may be prcscribed; and , , (I, to encourage avenrre plantations in its area of 6peraifon. (2) in addtion to thc above functions, a ~arhers'. o r g a n i k o n may perform the rollowing functicns, name! y: (a) to supply ,seeds, fcrtiiizen, , and othcr inputs at ?tes; to be . approvcd by the General Body; . .. (b) t o market. the 8gricultuml prducts of the members . as may be decidcd by the General Body; , (c) to undertake enterprh for valuc addition to . the products of the members as m3y be decided .by the Genera1 Body; PoMr to law, coUd fee and water taZ , . Appoint I ment of compet cnt I du t h ~ i t u I i and its functions. I I (d) to establish Agro Serviee Ccntre for providing services to the farmers in their agiicultutd operations as may be approved by the General Body; and (el to act as a Self-help Group Pot pidviding ercdit to the members aa may be approved by the General Body; 20. (1) A Farmerb9 Organisation may for Wrying out the perforrnanms of this Act, achieving the' objects of the organisation and performing its funetjon, IwY and collect such fees as may be prescribed by Government and/or decided by the organisation from time to tlme. (2) In case o f Lift Irrigation Points, the Farmers' drganisation shall fix a waler rate which may cover the cost of the energy charges and mainted8nce charges or the Project. In case a water user does not utilise any water in any particular Season, the Farmers' Organisation shall ba competent to fix suck minimum charges as may be decided by the Cteheral Body. of the Fafherss Organisation. No water tax will Be colMeted by the Orissit LiR ltrigatioh Corporation from the mombers of the Farmer's Organisation; . (3) The Farmer's Organisation may cdllect watet tax in such of thb Proj& and i n the manner specified by the Government from time to time. 21. (1) The Govern,menr may by notihation appoint such offlcet frdm- the Department of Water Resources, qr any other Department or Corpt&tion aB they ~ o p i d e r necessary, to be the ormpstcnt authori,ty ih r a p e r of &&e Farmersg Organ!sation for the purpose of this Act. (2) The competent authority appointed under sub-section- (1) shall perform such or the duties as may bd ~rescribed. CHAPTER IV' 22. The funds of the Farmersp Organisation shaH Coosisi of the forlowing, namely: (A) funds as may be, granted by the State and Central Government fur the development of thc are'a of operation ; (b) resoufies raised from any Financing ~ g e n c ~ for unktakjng my cwwmic dev~!opment activitle in its area of operation. (G) income from the propdies and assess maria@ ti), F-emi's Orm&atib*; (d) fKs C O I I F D ~ O ~ by the ~ a r m c n ' Orgmisation from tbe water users for tho services rendered in btfier rnaridgt~bnt of the ifllkation spfems; and (e) amounts received frcm any other Source including M. L. A. Lbcal Area Develdpinedt Fund and M. P. ~ c c a l Area Development Fundr etc; ck4mER ir' OFPBNCES AND PENALTIES 23. Whoever Mitiofit ~y StwfdI authority,- . . (a) damages, alters, enlarges or obstructs any irrigation ayate&; cir (b), Interferes wifh, idcidses o r diminishes thc Water , S U P ~ I ~ in, ,or the flow of ivatci from, througb, over or under any irrigation system ; or (c) being responsible for the maintenance of the ieitrigatidn systed neglect$ to take proper precautions fdi the preventiod of *tistage d Watdr athof or inturfares wlth the autborlsed distribution of water theiefrdii Uses w t e r in an unauthorised manner, or in such manner as to cause dtihag ' to the adjacent landholding ; or Id) doridpts or fduls, dater of iffi&iiolb systeh 9' a's to ieuder it Icss. fit for the purposes for whicK It is dtdldaril~ dsed ; or (e) obstructs or removes any level marks or Rater gauge or any other markc or sign fixed by the authority of a public servant ; or . ( f ) opeas, shuts or obstructs or attempts to open, shut or obstruct aoY sluice or outlet or any other silmar contrivance in any irrigallon system. shall, on convietioD, be punisbed with impiisonmeiit which may extend to one month or with h e which may extend to two hundred rupees or, . . ' wilh both. . , mirhmen' 24. Nothing in tbis Act shall prevent any person from being prosecuted and .. , . d m ow punishable under any dther law for tho time. being in Force for any act or om%ion - . . made punishable by or under chis Act : rn not bertcd. Provided that no person $hall bc prosecuted and punhhed; for the same ., offence more than .once. . , . 25. (1)- A Farmersp Organisation may acoept from any person who committed or in respect of whom a reasonable belief can be inferred that he has committed an offence punishable under this Act or the rules made thereunder, a sum of rupees one hundred or an amount equivalent to the loss caused ro the Farmers' Qrganisation whichever i s higher as a consideration for compounding of Such offence. (2) On payment of such sum of honey, the said person, if in custody,, shall , , . . be discbarged and no further' procmdings shall be taken against him in ~ g a r d . ' , tg the ofience, so compounded. CHAPTER YT 26. ( I ) Any dispute of difference touchiig the ~onsti~tutioq management. Scitlm powers or functions of a Farmers' Organisation arising between members shall 1 OfdisPutosm b, settled by the Executive Committtce of the concerned Farmers* Organisaiioa. i (2) Any such disput c or diffemcc arising between a member and the Exeeu tive Cornmiltee of a Pani Panchayat or betwecn two or more Pani Panchayats shall be settled by the Executivc Committee of the Distribular y Committee. , (3) Any such dispute' or difference arising b e m e n - a , membtr and the Executive Cofnmittee of a Dist'ributary Committce or - between two or more Distributary Comolittees shall be scttled by t hc Execu tivc Cogmittec of thc Project Commftc'ec. ' (4) Any suchdispuio or differencz arisiig betwxn member and the Executive Committee of a Project Committee or between two ot more Project Zomrnittees shall be settled by the State Lcvei Cornmi ttee whose decision sllall bo final. .. . (5) Every dispute or difference spaified under this section shdI be disposed of within thirty days from the date of rercrcoce oft he dispute or difference. .27. (1) A party to a dispute or differcn~e aggrieved by nay decision madc or ordet. passed by thc Executive Commiltee of - a Pani-Psnchayat may prefcr an appeal to the Executive Cornmiltee of the Distributary Committee, whosc , dsision thercon shall be fmal. ( 2 ) Any party to a dispute 'or di~ircnke @grieved by my decision made or order pass:d by the Executive Committee of a Distributary Commrttee may prefer an appeal to a Project Committce, whosc dccision thereon shall be final. (3);Any party to a disBute or merence akgrieved by any decision made or order passed by the Executive Commiltee of a Project Commirtce may prefer an appeal to the State Level Committee. whose dccision thercon shall be flnal. . (4) Iomcase of Lift irrigation pbiats, any disputc belween a rncmber and . the ,Ex~utive Committee and betwecn thc members ofthe Executivc Committee, which can not'be resolved by the,Execut ivc Committec;.shall be placed before any coaptent authority aS may- b41 prescribed,: who= ! :dccisiod shall b e ' h a l and binding. , . . , .. , . . . . . . . - , (5) Any appeal under sub-section (1) or sub-section (2) or sub-scction 13) or subsmliop (4) shaU be prcfcrred wi t,@n 15 days of communicatioa of the 'accision or the order. tb t4e peflop' , , a~grieved. . - . . CHAPTER VII Aaclunts, retordB a 8 docments to be kept by the Farm?' Ogenrsat ion Andli and msWction. very of dues. Appointment Of 8 Cummi ssioner. 28. (1) Every Farmers' Organisation shall keep at it6 office the following account 6, records and documents, namely: (a) an up-to-date copy of this Act and the Rules made thereunder; ( b ) a map of the area of apeptjon of theFarmersy Organisation along with map of the structures and distribuiary networks preparcd in consul tation with thc Dcparlment of Water Resources; (4 a Iist of members; id) a statement of the assFs and liabilities; (e) minutes book; books of accounts showing receipt rnd payments; (gl books of account of all purchases imd sa!es of goods by the Fdimers' Organisation ; . (h)registercf~easurementbooks,level~eldto.cks,workc?rdersandthe like;. ' (i) copies ofaudit reports and enquiry reports; and I J ) al l sucp other accounts, rrcords and documents a6 may be prescribed, (2) The books of mookt and otbcr recork shaU bd ' open 'lor &for m & ~ to the members of. fhe Harmers' Organisaticn and to the inspecting Oficers ~f ,the ,Dq-artment ,of Water Resources or 01-the Orissa Lift IFgatfon .Corporatjon, as the case may he. - . 29. (1) Eyery'~armgra' organisition ph?U get its account! y d i t t d in !$c manner prescribe$. . . (2) Thc officerar of t h e Department of water Resourqs aqd 14f the 0rissa.Lift'lrrigation Corporation, as the case may be, sbgU inspeq the records of BarmeW Orgnisation in the .manner prescribed. ' : I . - . 30. All the mounts paGblc or'duo Lo - a Fsrmera' ~r~ani sa l iab 'by the water users shall be recovered horn them as arrcars of land revenue. " . . - , , 1 , 31. The rn~etings of the Fgmersa Orga~isati?n and the Executiw Committees thereof, the intervals, the procedure, the presidency and the q u o r e thereof and the cessation of membership thereof shall be, as may be preschbed.' ' . . - . . , , , 32, (1) A member of the ~ c n e r a l 3 q d y pr or the Execgive Cornminee of a , Farmers! Drganisation may e ~ i g p his office by a letter sent by registered Post or tendered in person to,the Presideof of the..Executive Committee conci:ined; ' (2) The President of the Executive Committee of a Pani Panchapt may resign his 'offi@ b$ "W !letter seat by'rkgis tered post or tendered in person to the Prejipdnt q.. , I . , of~fhe'Dist~~butary . . , Comoiitteo conteinrd. , + . , . < . . , (3) The President of the Exacutive Committee of a Distributary Committee may resi&i his office by a letter sent by registered post or tendered in fieSon10 , . the . PremderiFof . .. the Project~Coamifteecon~ed. . ' . . < . \ ' . ' ' : < - ' 14) The President of .the ~xeeutive Committea of a Project committee may resign his ofice by a letter sent by regisicrcd post or . tendered . . in peaon to tlie President of the State Leyel C o d i t t ~ ~ . ' . , (5) Such resignation as mentioned above shall take effect from the date of its accepfiuce ' or' on the ' expiry of , 30 'days . from tha'date -ob its receipts whichever is earlier. , , , I 33.. ( I ) - T ~ ~ovcmnmcot may by motiication appoint a Commisriqqer to exercise general cijntrol'and s~p'eri dtqdence over the' competent authontlea in performance of their functions under.this Act or the rules made' thereunder. . . (2) The powers to be exercised and tbe flrnctions to be perfqrwb by ' - . the Comm~ssioner shall be such as may be prescribed. > . Authentica tioa of orders and docn ments OE the lJasmer5' Organisation Actions not to be invali deted. Budget . Protection of action done in mod faith. Pawl to make rules. .. 4. The G ~ v e r n m ~ t m a y by notification appoint an oflicer or officers to exerecise the powers and perform the functions of a Farmers Organisation and the Executive Committee theraof till such Farmers7 Organisation is duly constituted or ree~nstieuted and such Evecutive Committea assumes oEca under the provisions of this Act. 35. All permissions, orders, decisions, notices and other documents of the Farmersb Organisation shall be atlthenticated by thc signature of the President oC the Farmers' Organisation or any other momb:r of the Executive Cammiltee authorised by the Executive Committee ia this behalf. 36. No action or proceedings of the Executive Committee of a Farmers' Organisation s ha11 be invalid . by reason onIy of the existence of -any vacancy in, or defect in the constitution of the said Committee. 37. (1) The Farmers' Organisation sh JI keep their funds in a Nationalised Bank or a Co-apsrativ~ Bank or the District Co-operative Central Bank or t h ~ OrissaSNte C~oparative Central Bahk in the names of such offifice bearen as may bz prescribed. (2) The funds shall be ap?Iied towards meeting of the expenses incurred by the Executive Committee of the concerned Farmers* Organisation in the addiskration of this Act and for no other purpose. . 38. (1) The Execu~tiv~ Committee of th: Farmers' Organisation shall maintain a Sinking Fund in the manner as may be przsoribed for the repayment of money borrowed and shall pay every year intd the Sinking .Fund such sum as may be suficieit for repayment within the period- fixed of all money so borrowed. . ~ (2) The Sinking Fund or any part thereof shall be applied id or towards, the discharge of the loan ior which such fund was created, and until auch loan is wholly discharged, it shall not h applied for aay other purpose. ' 39. The Executive Cornmi ttee of a Farmers' Organisation shall prepare a budget in such form in every financial year in resp,ect of the -cia1 year noxt, showing the estimated receipts and expenditurea of tho Com@tue and shaU place bfore the General Body of the.Farmers' Oganisation for its approval as may be prescribed. 40. No suit, prosecution or other Iegal proceedings shall be instituted agahst aw parson for anything which is, in ,good faith done or intended to be done under this Act or under the rules made thereunder. 4L, (1) IT any difficulty arises -in giving effect, to the provisions of this Act or as to the first constitution or reconstitution. of any Farmers' Orgapisation after the comme~cement of this Act, the Government, as the occasion m y require, by order ' published in the Orissa Gazette, do anything which appears to them necesswy for removing the dlBcuIty. (2) AU orders made under sub-section (I) shall, as soon as may be, after they are made, be laid before the State Legishture and the. Legislature may make any modification if It so like and thereafter sllch order shall have dw:t subject to such modiiications, if any. 42. (I) ~ 0 t h ~ contained in this Act shall affect the rights or properties vested in a Grama Ppnchayat, ZiIla Padshad, Parichapt Samiti, Municipality or Munkipal Corporation under any l aw for the time being in force. (2) Nothing contained in this Act shall apply to the- mhor water bodiw if any, in the Scheduled Areas in tho State of Orlssa. . B P ~ M ~ ~ ~ O I Z I-Minor water bodies mean the Projects which higatc tess t h ~ n forty hectares of land. , Bp/anafion If-Scheduled Areas mean such area as the President of India m J by order,declart to be Schedule Areas, under the Fifth Schedule of the Constitation of hdia . 43. The State Govarnment may, by notification, make rules to carq out the PUIPO~CS of this ACt