(a) 'area of operation' in relation to Farmers Organization means a contiguous block of land in the command area of an irrigation system as may be delineated by the Project Authority under section 23 and as may be delineated and declared by the Government under section 8, for the purpose of this Act;
(b) 'command area' means an area irrigated or capable of being irrigated either by gravitational flow or by lift irrigation or by any other method from a Government source and includes every such area whether it is called 'Command Area' or by any other name under any law for the time being in force;
(c) 'Competent Authority' means the Authority appointed under section 22;
(d) 'distributary system' means and includes,-
(i) all main canals, branch canals, distributaries and minor canals constructed for the supply and distribution of water for irrigation;
(ii) all works, structures and appliances connected with the distribution of water for irrigation; and
(iii) all water courses and other related channels and structures under an outlet;
(e) 'drainage system' in relation to an irrigation system includes,-
(i) channels either natural or artificial, for the discharge of waste or surplus water and all works connected therewith or ancillary thereto;
(ii) escape channels from an irrigation or distribution system and other works connected therewith, but does not include works for removal of sewage;
(iii) all collecting drains and main drains to drain off surplus water from field drains; and
(iv) all field drains and related structures under outlets;
(f) 'Farmers Organization' wherever it occurs, shall mean and include,-
(i) Water Users' Association at the primary level consisting of all the water users, as constituted under section 4;
(ii) Distributary Committee at the secondary level, as constituted under section 6; and
(iii) Project Committee at the project level, as constituted under section 8;
(g) 'field drain' includes a channel excavated and maintained by the land owner or by any other agency, to discharge waste or surplus water from the land under an outlet; and includes drains, escape channels and other similar works existing or to be constructed;
(h) 'financing agency' means any Commercial Bank, or any Co-operative Society or any other Bank or Organization established or incorporated under any law, for the time being in force, which lends money for the development of the area of operation of the Farmers' Organization;
(i) 'financial year' means a year commencing from the 1st April of the relevant year to the 31st March of the ensuing year;
(j) 'Government' means the Government of the State of Rajasthan;
(k) 'hydraulic basis' means the basis for identifying a viable irrigated area served by one or more hydraulic structures such as head works, distributaries, minors, outlets and the like;
(l) 'irrigation system' means such major, medium and minor irrigation system for harnessing water for irrigation and other allied uses from the Government source and includes reservoirs, open head channel, diversion systems, anicuts, lift irrigation schemes, tanks, wells and the like;
Explanation
(1) 'Major Irrigation System' means irrigation system under Major Irrigation Project having irrigable command area of more than 10,000 hectares;
(2) 'Medium Irrigation System' means irrigation system under Medium Irrigation Project having irrigable command area of more than 2,000 hectares and upto 10,000 hectares;
(3) 'Minor Irrigation System' means irrigation system under minor irrigation project having irrigable command area upto 2,000 hectares;
(m) 1['Land Owner'] means a person recorded as tenant / sub-tenant of land in the record of rights prescribed, prepared and maintained under the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956) and rules made there under;
(n) 'maintenance' means execution and continuance of such works on the irrigation system as are necessary to ensure that the physical system designed to the standards operates for proper distribution of water to the land owners in the area of operation;
(o) 'notification' means a notification published in the Official Gazette, and the expression 'notified' shall be constructed accordingly;
(p) 'operational plan' means a schedule of irrigation deliveries with details of the mode and duration of supplies drawn up for regulation of irrigation in the command area of an irrigation system;
(q) 'osrabandi' means and includes a system of distribution of water allocation to one or more group of water users in proportion of command area of such group / groups indicating duration of such water allocation in a cycle of irrigation;
(r) 'outlet' means an opening constructed in main canal / branch canal/ distributary / minor and reservoir or through lift irrigation management which passes water into a water course or directly on any land;
(s) 'prescribed' means prescribed by the Government by rules made under this Act;
(t) 'Project Authority' means the authority appointed under section 23;
(u) 'warabandi' means and includes a system of distribution of water allocation to water users by turn, according to an approved schedule indicating the day, duration and the time of supply;
(v) 'water allocation' in relation to an irrigation system means distribution of water determined from time to time by a farmers' Organisation in its area of operation;
(w) 'water course' means any channel existing or to be constructed by the Government or by the land owners or by any agency to receive and distribute water from an outlet; and
(x) 'water user' means and includes any individual or body corporate or a society, using water for agriculture, domestic, power, non-domestic, commercial, industrial or any other purpose from a Government source of Irrigation.
(2). The words and expressions used in this Act, but not defined, shall have the meaning assigned to them in the Rajasthan Irrigation and Drainage Act, 1954 (Act No. 21 of 1954).
4 1. Subs.by Raj Act No.35 of 2017 (08-11-2017)
2. Subs.by Raj Act No.35 of 2017 (08-11-2017)
CHAPTER-II FARMERS' ORGANISATION
3. Delineation of water users' area and territorial constituencies -
(1) The Project Authority may, by notification delineate every command area under each of the irrigation systems on a hydraulic basis which may be administratively viable; and declare it to be a water users area for the purpose of this Act :
Provided that in respect of the command area under the minor and lift irrigation systems, the entire command area may, as far as possible, form a single water users' area:
Provided further that Project Authority shall not delineate any area under this section unless he is satisfied that the Irrigation System in that area is in satisfactory working condition.
(2) Every water users' area shall be divided into territorial constituencies which shall not be less than four but not more than ten, as may be prescribed.
4. Constitution of Water Users' Association - (1) There shall be a Water Users' Association called by its local distinct name for every water users' area delineated under sub-section (1) of section 3.
(2) 1[ Every Water Users' Association shall consist of all the water users who are land owners and their spouses in such water users' area as members].
(3) All members specified in clause (2) shall constitute the General body of the Water Users' Association and shall have right to vote.
5. Managing Committee of Water Users' Association and Election of its President and Members -
(1) There shall be a Managing Committee for every Water Users' Association.
(2) The Project Authority shall make arrangements for the election of President of the Managing Committee of the Water Users' Association by direct election from among its members by the method of secret ballot in the manner as may be prescribed.
(3) The Project Authority shall also cause arrangements for the election of a Managing Committee consisting of one Member from each of the territorial constituencies of a water users' area, by the method of secret ballot in the manner as may be prescribed.
2[ Provided that where a land owner holds land in more than one territorial constituencies of the water users’ area, he or she and his or her spouse shall be eligible to take part in election for membership of the Managing Committee only from one territorial constituency for which he or she opts in the manner as may be prescribed:
Provided further that if a woman is not elected to the Managing Committee, a woman from amongst the members of the Water Users’ Association shall be coopted as a member by the President and the Members of the Managing Committee].
(4) If, at an election held under sub-section (2) or (3), the President or the Members of the Managing Committee are not elected, fresh elections shall be held:
Provided that the Project Authority may, for the reasons to be recorded in writing from time to time, postpone elections.
(5) The President and the Members of the Managing Committee shall, if not recalled earlier under section 10, be in office for a period of five years, from the date of the first meeting.
(6) The Managing Committee shall exercise the powers and perform the functions of the water users association.
5
1. Added by Raj Act No.35 of 2017 (08-11-2017)
2. Added by Raj Act No.35 of 2017 (08-11-2017)
3. Added by Raj Act No.35 of 2017 (08-11-2017)
6. Delineation of Distributary area and constitution of the Distributary Committee -
(1) The Project Authority may, by notification delineate every Command Area of the irrigation system, comprising of two or more Water Users' Areas and declare it to be distributary area for the purpose of this Act.
(2) There shall be a Distributary Committee called by its local distinct name for every distributary area declared as such under sub-section (1).
(3) All the Presidents of the Water Users' Associations in the distributary area, so long as they hold such office by virtue of sub-section (5) of section 5, shall constitute the General Body of the Distributary Committee including two officials nominated by the Project Authority.
1[ Provided that if a woman is not elected as the President of any of the Water Users’ Associations in the distributary area, the General Body of the Distributary Committee shall coopt a woman from amongst the members of the Water Users’ Associations in the distributary area, as its member.]
7. Managing committee of Distributary Committee and election of its President and Members -
(1) There shall be a Managing Committee for every Distributary committee and the said committee shall consist of such number of members, not exceeding five including President, as may be specified by the State Government.
(2) The Project Authority shall cause arrangements, in the prescribed manner, for the election by the method of secret ballot of the President and Members of the Managing Committee from among the Members of the General Body of the Distributary Committee:
Provided that the Government may, for the reasons to be recorded in writing from time to time postpone elections.
(3) If, at an election held under sub-section (2), the President and the Members of the Managing Committee are not elected, fresh elections shall be held.
2[ (3A) If a woman is not elected to the Managing Committee of a Distributary Committee, a woman from amongst the members of the General Body of the Distributary Committee shall be co-opted as a member by the President and the Members of the Managing Committee of the Distributary Committee. ]
(4) The term of office of the President and the Members of the Managing committee shall, if not recalled earlier under section 10, be co-terminus with the term of general body specified in sub-section (3) of section 6.
(5) The Managing Committee shall exercise the powers and perform the functions of the Distributary Committee.
8. Delineation of Project Area and constitution of Project Committee - (1) The Government may, by notification, delineate every command area or part thereof, of an irrigation system and declare it to be a project area for the purposes of this Act .
(2) There shall be a Project Committee called by its distinct local name for every project area declared under sub-section (1).
(3) All the Presidents of the Distributary Committees in the project area, so long as they hold such office by virtue of sub-section (4) of section 7, shall constitute the General Body of the Project committee.
3[Provided that if a woman is not elected as the President of any of the Distributary Committees in the project area, the General Body of the Project Committee shall co-opt a woman from amongst the members of the Distributary Committees in the project area as its member. ]
9. Managing Committee of the Project Committee and Election of its Chairperson and Members -
(1) There shall be a Managing Committee for every Project Committee consisting of nine Members including Chairperson.
(2) The Project Authority shall cause arrangements, in the prescribed manner for election by the method of secret ballot, of Chairperson and eight Members of Managing Committee from among the members of the General Body of the Project Committee: Provided that the Government may, for the reasons to be recorded in writing from time to time, postpone elections.
6 1. Added by Raj Act No.35 of 2017 (08-11-2017)
(3) If, at an election held under sub-section (2), the Chairperson and the Members of the Managing Committee are not elected; fresh elections shall be held in the prescribed manner.
1[ (3A) if a woman is not elected to the Managing Committee of a Project Committee, a woman from amongst the members of the General Body of the Project Committee shall be co-opted as a member by the Chairperson and the members of the General Body of the Project Committee. ]
(4) The term of office of the Chairperson and the Members of the Managing Committee shall, if not recalled earlier under section 10, be co-terminus with the term of general body specified in sub-section (3) of section 8.
(5) The Managing Committee shall exercise the powers and perform the functions of the Project Committee.
10. Procedure for recall - (1) A motion for recall of a Chairperson or a President or a Member, as the case may be, of a Managing Committee of a Farmers' Organisation may be made by giving a written notice in such form, as may be prescribed, signed by not less than one-third of the total number of members of the Farmers' Organisation, who are entitled to vote:
Provided that no notice of motion under this section shall be made within one year from the date of assumption of office by the person against whom the motion is sought to be moved.
(2) If the motion referred to in sub-section (1) is carried with the support of majority of the Members present and voting at a meeting of the General Body specially convened for the purposes, the Project Authority, shall by order remove the person, against whom motion is carried, from office and the resulting vacancy shall be filled in the manner a casual vacancy is filled.
11. Constitution of sub-committees of Farmers' Organisation - The Managing Committee of a Farmers' Organisation may constitute sub-committee to carry out all or any of the functions vested in each Organisation under this Act .
12. Farmers' Organisation to be a body Corporate - Every Farmers' Organisation shall be body corporate with a distinct name having perpetual succession and a common seal and, subject to the provisions of this Act, vested with the capacity of entering into contracts and of doing all things necessary, proper or expedient for the purposes for which it is constituted and it shall sue or be sued in its corporate name represented by the Chairperson or the President, as the case may be:
Provided that no Farmers' Organisation shall have the power to alienate in any manner, any property vested in it.
13. Changes in Farmers' Organisation - The Government 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 o f 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 of hearing is given to the Organisation likely to be affected.
7
14. Disqualifications - (1) A person, who is employee of the Government of India or any State Government of a Local Authority or any institution receiving aid from the funds of the Government, shall be disqualified for election or for continuing as a Chairperson or a President or a Member of a Managing Committee of a Farmers' Organisation
(2) No person who has been convicted by a criminal court for any offense involving moral turpitude committed under any law for the time being in force shall be qualified for election or continuing in the office of a Chairperson or a President or a Member of a Managing committee of a Farmers' Organisation.
(3) A person shall be disqualified for being chosen as a Chairperson or a President or a Member of the Managing Committee of a Farmers' Organisation if on the date fixed for scrutiny of nominations for election, or on the date of nominations, he 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;
(c) a defaulter of land revenue or water tax or charges payable either to the Government or to the Farmers' Organisation;
(d) interested in a subsisting contract made with, or any work being done for, the Panchayat or Panchayat Samiti or Zila 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; or
(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 an 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 Panchayat, Panchayat Samiti, Zila Parishad, the Farmers' Organisation, the State or Central Government has not performed its part of the contractual obligations.
(4) A Chairperson or a President or a Member of Managing Committee shall on be disqualified for election to or continuing in office of Chairperson or President or Member of Managing Committee of a Farmers' Organisation if he absents from three consecutive meetings of the Managing Committee without reasonable cause:
Provided that the disqualification under this sub-section shall not apply in or the case of women, who during the advanced stage of pregnancy or during a period of three months after delivery, is unable to attend the meetings.
(5) A person having more than two children shall be disqualified for election as a Chairperson or a President or a Member of the Managing Committee:
Provided that a person having more than two children 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:
Provided further that the birth of an additional child within one year from the date of commencement of this Act shall not be taken into consideration for the purposes of this section.
Explanation - For the purpose of sub-section (5), where any couple has only one child from the earlier delivery or deliveries on the date of commencement of this 8 Act and thereafter, any number of children born out of a single delivery shall be deemed to be one entity.
(6) A person shall become disqualified to continue as Member of Water Users' Association or hold the office of Chairperson or President or Member of a Managing Committee of a Farmers' Organisation, if he ceases to be a land owner in the area of operation of concerned Farmers' Organisaiton.
15. Filling up of Vacancies -
(1) A vacancy arising either due to disqualification under section 14 or due to death or resignation or by any reason, such vacancy shall be filled up by nomination in the following manner
(a) a vacancy in the Water Users' Association shall be filled, by nomination by the Managing Committee of the Distributary Committee in the prescribed manner;
(b) a vacancy in the Distributary Committee shall be filled, by nomination by the Managing Committee of the Project Committee in the prescribed manner; and
(c) a vacancy in the Project Committee shall be filled by nomination either by the Apex Committee constituted under section 34 or by the Government, as the case may be, in the prescribed manner.
(2) The term of office of a member or a President or a Chairperson of the Farmers' Organisation, nominated under sub-section (1), shall expire at the time at which it would have expired, had he been elected at the ordinary election.
CHAPTER-III OBJECTS, FUNCTIONS AND POWERS OF THE FARMERS' ORGANISATION
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 to optimise agricultural production, to protect the environment, and to ensure ecological balance by involving the farmers, including a sense of ownership of the irrigation system in accordance with the water budget and the operational plan.