2[The Government or the District Collector] may in the interest of a farmers’ organisation in the command area by notification and in accordance with the rules made in this behalf,-
(a) form a new farmers’ organisation by separating the area from any farmers’ organisation;
(b) increase the area of any farmers’ organisation;
(c) diminish the area of any farmers’ organisation;
(d) alter the boundaries of any farmers’ organisation; or
(e) cancel a notification issued under this Act for rectifying any mistake:
Provided that no such separation, increase, diminution, alteration and cancellation shall be effected unless a reasonable opportunity is given to the organisation likely to be effected.
14. Disqualifications of candidates or Members - (1) No village servant and no officer or servant of the Government of India or any State Government or of a local authority or an employee of any institution receiving aid from the funds of the Government shall be qualified for being chosen as or for being 3[a Chairman or Vice- Chairman or President or Vice-President] or a member of a managing committee.
4[Explanation:- For the purpose of this section the expression ‘village servant’ means any person who holds any of the village offices of neeruganti, neeradi, vetti, kawalkar, toti, talayari, tandalagar, sathsindhi or any such village office by whatever designation it may be locally known.]
[(1A) No Member of Legislative Assembly or Member of Parliament or office bearer of any body constituted under a law made by the Legislative Assembly of the State or of Parliament shall be qualified for being chosen as or for being a Chairman or Vice-Chairman or President or Vice President or member of the Managing Committee.]
(2) No person who has been convicted by a criminal court for any offence involving moral turpitude committed under any law for the time being in force shall be qualified for being chosen in or for being 1[a Chairman or Vice- Chairman or President or Vice-President] or a member of a managing committee.
(3) A person shall be disqualified for being chosen as 5[XXXX] or a member of 6[any of] the managing committee if on the date fixed for scrutiny of nominations for election, or on the date of nomination he 7[formation] is,-
(a) of unsound mind and stands so declared by a competent court;
(b) an applicant to be adjudicated as an insolvent or an undischarged insolvent; or
(c) a defaulter of land revenue or water tax or charges payable either to the Government or to the farmers’ organisation;
1. Substituted by the Act No.4 of 2018, S.7.
2. Substituted by the Act No.7 of 2003, S.11.
3. Substituted by the Act No.7 of 2003, S.12.
4. Substituted by the Act No.4 of 2018, S.8.
5. Omitted by the Act No.4 of 2018, S.8.
6. Inserted by the Act No.4 of 2018, S.8.
7. Substituted by the Act No.4 of 2018, S.8.
(d) Interested in a subsisting contract made with, or any work being done for, the Gram Panchayat, Mandal Parishad, Zilla Parishad or any State or Central Government or the farmers’ organisation:
Provided that a person shall not be deemed to have any interest in such contract or work by reason only of his having share or interest in-
(i) a company as a mere share-holder but not as a director;
(ii) any lease, sale or purchase of immovable property or any agreement for the same; or
(iii) any agreement for the loan of money or any security for the payment of money only; or
(iv) any newspaper in which any advertisement relating to the affairs of the Farmers’ Organisation is inserted.
Explanation:- For the removal of doubts it is hereby declared that where a contract is fully performed it shall not be deemed to be subsisting merely on the ground that the Gram Panchayat, Mandal Parishad, Zilla Parishad, the Farmers’ Organisation, the State or Central Government has not performed its part of the contractual obligations.
(4) 1[a Chairman or Vice- Chairman or President or Vice-President] or a member of a managing committee shall also become disqualified to continue in office if he,-
(a) is convicted in a criminal case involving moral turpitude; or
(b) absents for three consecutive meetings without reasonable cause:
Provided that such disqualification under item (b) shall not apply in the case of women who are in an advanced stage of pregnancy and for a period of three months after delivery.
1[XXXXX] 2[(c) A person shall be disqualified for being chosen as or for being a Chairman or Vice-Chairman or President or Vice-President or Member of Managing Committee, if he is disqualified by or under any law for the time being in force for the purpose of elections to the Legislative Assembly of the State:
Provided that no person shall be disqualified on the ground that he is less than twenty five years of age, if he has attained the age of eighteen years.
(d) A person shall be disqualified for a period of six years from the date of removal for being chosen as a Chairman or Vice-Chairman or President or Vice-President or Member of the Managing Committee, if he is removed from any post in the farmers’ organization, by the Government or Commissioner or any designated officer as prescribed.]
3[(4-A) A member of the Water Users Association shall cease to be a Member or 4[a Chairman or Vice- Chairman or President or Vice-President] or a a Member of a Managing Committee 5[XXXX] if he ceases to be a land holder.]
(5) A person having more than two children shall be disqualified for 6[selection] or for continuing as 2[a Chairman or Vice- Chairman or President or or Vice-President] or a member of the managing committee.
1. Omitted by the Act No. 7 of 2003, S.12.
2. Added by the Act No. 7 of 2003, S.12.
3. Inserted by the Act No. 1 of 1999, S.5.
4. Substituted by the Act No.7 of 2003, S.12.
5. Omitted by the Act No. 7 of 2003, S.12.
6. Substituted by the Act No.4 of 2018, S.8.
Provided that the birth within one year from the date of commencement of this Act, hereinafter in this section referred to as the date of such commencement, of an additional child shall not be taken into consideration for the purposes of this section:
Provided further that a person having more than two children (excluding the child if any born within one year from the date of such commencement) shall not be disqualified under this section for so long as the number of children he had on the date of such commencement does not increase.
1[(6) Any member who is disqualified under this section shall also be disqualified to hold any office in all the tiers of farmers’ organization.]
2[15. Filling up of Vacancies - (1) A vacancy arising in a farmers’ organization either due to disqualification under section 14 or death or resignation or by any reason shall be filled in the manner prescribed.
(2) The term of office of a member or President or Vice President or Chairman or Vice-Chairman of the farmers’ organization, so filled up under sub-section (1), shall 3[be coterminous with the meaning of General Body].
(3) The Commissioner may issue notification for filling up the casual vacancies in all the farmers’ organizations every six months, in the manner prescribed:
Provided that no casual vacancy arising within the last six months period of the tenure of the post in farmers’ organizations, shall be filled 4[up].]
CHAPTER - III OBJECTS AND FUNCTIONS OF THE FARMERS’ ORGANISATIONS
16. Objects - The objects of the farmers’ organisation shall be to promote and secure distribution of water among its users, adequate maintenance of the irrigation system, efficient and economical utilisation of water 5[to encourage modernization of agriculture] to optimise agricultural production, to protect the environment, and to ensure ecological balance by involving the farmers, inculcating a sense of ownership of the irrigation system in accordance with the water budget and the operational plan.