(1) This Act may be called the 2Telangana Irrigation Utilisation and Command Area Development Act, 1984.
(2) It extends to the whole of the State of 2Telangana.
(3) All the provisions of this Act shall be deemed to have come into force on the 14th January, 1984 in respect of the following command areas namely:-
(1) the Nagarjunasagar Project Left Canal;
(2) the Nagarjunasagar Project Right Canal;
(3) the Sriramsagar Project;
(4) the Tungabhadra Project; and they shall come into force in respect of other areas on such date as the Government may, by notification appoint; and they may appoint different dates for different areas and for different provisions of this Act.
1. The Andhra Pradesh Irrigation Utilisation and Command Area Development Act, 1984 received the assent of the President on the 21st March, 1984. The said Act in force in the combined State, as on
02.06.2014, has been adapted to the State of Telangana, under section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws Order, 2016, issued in G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Short title, extent and commencement.
2 [Act No.15 of 1984]
2. In this Act, unless the context otherwise requires:-
(1) “command area” means an area irrigated or capable of being irrigated either by gravitational flow or by lift irrigation or by any other method, under an irrigation system, project or source and includes every such area whether it is called “ayacut” or by any other local name in any law in force in the State;
(2) “command area development authority” means an authority constituted under section 3;
(3) “Command Area Development Work” means any work undertaken under this Act;
(4) “Commissioner” means the Commissioner of command area development for the State appointed under section 4 and includes such other person in whom all or any of the power of the Commissioner under this Act are conferred by the Government in respect of one or more command areas;
(5) “comprehensive command area development” includes–
(a) systematic land development for conservation of land and water;
(b) water use management for optimum use of water, including irrigation by turns, volumetric measurement of water and other enabling measures to avoid waste, water logging, salinity, alkalinity and the like;
(c) conjunctive use of surface and ground water for multiple cropping and proper utilisation of available water resources;
Definitions.
[Act No.15 of 1984] 3
(d) modernisation and remodelling of existing irrigation systems for optimum use of water and land resources; and
(e) regulation, maintenance and repairs of irrigation systems;
(6) “credit officer” means an officer of the co-operative department appointed as such by the Government for the purpose of securing finance for the systematic land development, agricultural operations and other allied activities;
(7) “distribution system” includes–
(a) all main canals, branch canals, distributaries and minor canals constructed for the supply and distribution of water for irrigation;
(b) all works, structures and appliances connected with the distribution of water for irrigation;
(c) all field channels and farm channels and related structures under a pipe outlet;
(8) “District Collector” means the Collector of a district in which the command area is situated and includes the Administrator of a Command Area Development Authority, if any, and any officer specially appointed by the Government for performing all or any of the functions of the District Collector under this Act;
(9) “drainage system” includes–
(a) channels either natural or artificial, for the discharge of waste or surplus water and all works connected therewith or ancillary thereto;
4 [Act No.15 of 1984]
(b) escape channels from an irrigation or distribution system and other works connected therewith but does not include works for removal of sewage;
(c) all collecting drains and main drains to drain off surplus water from field drains;
(d) all field drains and related structures under pipe outlet;
(10) “field channel” includes a channel constructed or to be constructed by the Government or by the land holder or by any other agency to receive and distribute water from a pipe outlet;
(11) “field drain” includes a channel excavated and maintained by the land holder or by any other agency on his behalf to discharge waste or surplus water from the land holding under a pipe outlet; and includes drains escape channels and other similar works constructed or to be constructed and maintained by the owners or occupiers or by the Government on their behalf and at the cost of the owners or occupiers;
(12) “field road” means a road serving lands under a pipe outlet and built at the cost of the land holders;
(13) “financing agency” means any commercial bank or any co-operative society, including a co-operative agricultural development bank, the main object of which is to lend money, or any regional rural bank established under the Regional Rural Banks Act, 1976 and includes any other agency selected for providing credit facility for comprehensive command area development;
Central Act 21 of 1976.
[Act No.15 of 1984] 5
(14) “Government” means the State Government of 3Telangana;
(15) “irrigated dry land” or “irrigated land” means land localised for light irrigation of crops other than paddy, sugarcane and banana;
(16) “Irrigation Officer” in relation to a command area means an officer of the Revenue Department, not below the rank of a Revenue Divisional Officer, having jurisdiction over such area or an Officer of the Irrigation Department not below the rank of a Deputy Executive Engineer exercising control over the irrigation system in the command area and includes any other officer appointed by the Government to perform the functions of an Irrigation Officer under this Act;
(17) “irrigation system” includes–
(a) the distribution system;
(b) the drainage system;
(18) “irrigation system under a pipe outlet” includes the field channels and field drains, with all the related structures thereto;
(19) “Land Development Officer” means an Officer of the Agriculture Department not below the rank of an Assistant Director of Agriculture or an officer of the Irrigation Department not below the rank of a Deputy Executive Engineer or any other officer, appointed as such by the Government, to have jurisdiction, and to exercise control over the whole or part of a command area for the purpose of systematic land development;
3. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
6 [Act No.15 of 1984]
(20) “land-holder” means a person in actual possession of the land, whether as an owner or as a tenant or subtenant or as a mortgagee in possession or as a licensee, or otherwise and includes a person who is likely to be benefited by the command area development work, and the expression “land holding” shall be construed as land held by a land holder;
(21) “notification” means a notification published in 4Telangana Gazette, and the expression “notified” shall be construed accordingly;
(22) “pipe-outlet” means an opening or contrivance constructed by the Government in an irrigation system through which water is delivered for irrigation at the periphery of the localised area ordinarily not exceeding forty hectares;
(23) “prescribed” means prescribed by rules made by the Government under this Act;
(24) “systematic land development” includes all or any of the following works:-
(a) construction of field channels with related structures;
(b) construction of field drains with related structures;
(c) land shaping, including grading, levelling, bunding and the like;
(d) realignment of field boundaries and rectangularisation of plots and consolidation of land
4. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
[Act No.15 of 1984] 7 holdings under a pipe outlet or under an adjacent pipe outlet, wherever necessary, for efficient farm management;
(e) lining of field channels, wherever necessary with suitable material to prevent sewage of water;
(f) construction of field road with related structures;
(25) “warabandi” means the system of equitable distribution of water by turns according to a schedule prepared by the prescribed authority specifying the day, time and duration or supply of water to each land-holder in proportion to his land-holdings in the pipe-outlet command;
(26) “wet land” means land localised for heavy irrigation of crops, like paddy, sugarcane and banana.
CHAPTER II Constitution of Command Area Development Authority, Appointment of Commissioner, Pipe Committee and other agencies, etc.