(i) grants received from the Government as a share of the water tax collected in the area of operation of the Farmers' Organisation;
(ii) such other funds, as may be granted by the State and Central Government for the development of the area of operation;
(iii) resources raised. from any financing agency for undertaking any economic development activities in its area of operation;
(iv) income from the properties and assets attached to the irrigation system within its area of operation;
(v) fees collected by the Farmers' Organisation for the service rendered in connection with better management of the irrigation system; and
(vi) sums received from any other source.
CHAPTER - V OFFENCES AND PENALTIES
25. Offenses and Penalties - Whoever, without any lawful authority, -
(a) damages, alters, enlarges or obstructs any irrigation system;
(b) interferes with, increases, or diminishes the water supply in, or the flow of water from, through, over or under any irrigation system;
(c) being responsible for the maintenance of the irrigation system neglects to take proper precautions for the prevention of wastage of the water thereof or interferes with the authorised distribution of water therefrom, or uses water in an unauthorised manner or in such manner so as to cause damage to the adjacent land holdings;
(d) corrupts or fouls, water of any irrigation system so as to render it less fit for the purposes for which it is ordinarily used;
(e) obstructs or removes any level marks or water gauge or any other mark or sign fixed by the authority of a public servant; and
(f) opens, shuts or obstructs or attempts to open, shut or obstruct any sluice or outlet or any other similar contrivance in any irrigation system; shall, on conviction, be punished with imprisonment which may extend to two years or with fine which may extend to rupees five thousand or with both.
26. Punishment under other laws not barred - Nothing in this Act shall prevent any person from being prosecuted and punished under any other law for the time being in force for any act or omission made punishable by or under this Act :
Provided that no person shall be prosecuted and punished for the same offence more than once.
27. Composition of Offences - (1) A Farmers' Organisation may accept from any person who has committed or in respect of whom a reasonable belief can be 12 inferred that he has committed an offence punishable under this Act, a sum of money not exceeding rupees one thousand by way of composition for such offence.
(2) On payment of such sum of money, the said person, if in custody shall be discharged and no further proceedings shall be taken against him in regard to the offence, so compounded.
CHAPTER - VI SETTLEMENT OF DISPUTES
28. Settlement of disputes - (1) Any dispute or difference touching the constitution, management, powers or functions of a Farmers' Organisation arising between members, shall be determined by the managing committee of the Farmers' Organisation concerned.
(2) Any dispute or difference arising between a Member and the Managing Committee of a Water Users' Association or between two or more Water Users' Associations shall be determined by the managing Committee of the Distributory Committee.
(3) Any dispute or difference arising between a Member and the Managing Committee of a Distributory Committee or between two or more Distributory Committees shall be determined by the Project Committee.
(4) Any dispute or difference arising between a Member and the Managing Committee of a Project Committee or between two or more Project Committees shall be determined by the Apex Committee, whose decision shall be final.
(5) Every dispute or difference under this section shall be disposed of within forty five days from the date of reference of the dispute or difference.
29. Appeals - (1) Any persons aggrieved by any decision made or order passed by the Managing Committee of a Water Users' Association under sub-section (1) of section 28 may appeal to the Managing Committee of the Distributory Committee, whose decision thereon shall be final.
(2) Any person aggrieved by any decision made or order passed by the Managing Committee of a Distributory Committee under sub-section (1) or sub-section (2) of section 28 may appeal to the Managing Committee of a Project Committee, whose decision thereon shall be final.
(3) Any persons aggrieved by any decision made or order passed by the Managing Committee of a Project Committee under sub-section (1) or subsection (3) of section 28 may appeal to the Apex Committee, whose decision thereon shall be final.
(4) Any appeal under sub-section (1) or sub-section (2) or sub-section (3) shall be preferred within fifteen days of communication of the decision or the order to the person aggrieved.
(5) Every appeal under this section shall be disposed off within thirty days from the date of filing of the appeal by adopting summary procedure.
13
CHAPTER - VII MISCELLANEOUS
30. Records - (1) Every Farmers' Organisation shall keep at its office, the following accounts, records and documents, namely
(a) an up-to-date copy of this Act ;
(b) a map of the area of operation of the Farmers' Organisation along with map of the structures and distributary networks prepared in consultation with the irrigation department;
(c) a statement of the assets and liabilities;
(d) minutes book;
(e) books of account showing receipt and payments;
(f) books of account of all purchases and sales of goods by the Farmers' Organisation;
(g) register of measurement books, level field books, work orders and the like;
(h) copies of audit reports and enquiry reports; and
(i) all such other accounts, records and documents as may be prescribed from time to time.
(2) The books of accounts and other records shall be open for information to the Members of the Farmers' Organisation.
31. Audit - Every Farmers' Organisation shall get its accounts audited in such manner as may be prescribed.
32. Recovery of dues - All the amounts payable or due to a Farmers' Organisation if not paid on demand, shall be recovered as arrears of landrevenue.
33. Meetings - The intervals, the procedure, the presidency and the quorum of the meetings of the Farmers' Organisation and the Managing Committee thereof shall be such, as may be prescribed.
34. Resignation - (1) A member of Managing Committee of a Farmers' Organisation may resign his office by a letter sent by registered post or tendered in person to the Chairman or President of the Managing Committee concerned.
(2) The President of the Managing Committee of a Water Users' Association may resign his office by a letter sent by registered post or tendered in person to the President of the Distributary Committee concerned.
(3) The President of the Managing Committee of a Distributary Committee may resign his office by a letter sent by registered post or tendered in person to the Chairman of the Project Committee concerned.
(4) The Chairman of the Managing Committee of a Project Committee may resign his office by a letter sent by registered post or tendered to the Government.
(5) Such resignation as above mentioned shall take effect from the date of its acceptance or on the expiry of thirty days from the date of its receipt whichever is earlier.
35. Constitution of Apex Committee and appointment of Commissioner - (1) The Government may, by notification, constitute an Apex Committee with such number of Members as may be considered necessary.
(2) The Committee constituted under sub-section (1) may exercise such powers and functions as may be necessary to, 14
(a) lay-down the policies for implementation of the provisions of this Act; and
(b) give such directions to any Farmers' Organisation, as may be considered necessary, in exercising their powers and performing their functions in accordance with the provisions of this Act.
(3) The Government may appoint a Commissioner to exercise general control and superintendence over the competent authorities in performance of their functions under this Act or the rules made thereunder.
(4) The powers to be exercised and the functions to be performed by the Commissioner shall be such as may be prescribed by the Government.
36. Transitional Arrangements - The Government may by notification appoint an officer or officers 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 provisions of this Act :
Provided that where a Farmers' Organisation registered under the Rajasthan Societies Registration Act, 1958 (Act No.- 28 of 1958) or the Rajasthan Cooperative Societies Act, 1965 (Act No. 13 of 1965) has entered into a Memorandum of Understanding with the Government for Participatory Irrigation Management of the system before promulgation of this Act, such Organisation will continue to exercise the powers and functions of a Water Users' Association for respective area of operation upto six months from the date of commencement of this Act and the Managing Committee of Water Users' Association for such water users area shall be constituted within six months.
37. Authentication of orders and documents of the Farmers' Organisation - All permission, orders, decisions, notices and other documents of the Farmers' Organisation shall be authenticated under the signature of the Chairperson or President of the Farmers' Organisation or any other Member of the Managing Committee authorised by the Managing Committee in this behalf.