English — official source version
tnfmis_act_2001_7.pdf.txt
1
TAMIL NADU
GOVERNMENT GAZETTE
EXTRORDINARY PUBLISHED BY AUTHORITY
[No.178] CHENNAI, MONDAY, MARCH 5, 2001
Maasi 21, Vikkrama, Thiruvalluvar Aandu - 2032
Part IV – Section 2
Tamil Nadu Acts and Ordinances.
THE TAMIL NADU FARMERS’ MANAGEMENT OF IRRIGATION
SYSTEMS ACT 2000
ARRANGEMENT OF SECTIONS.
CHAPTER I
PRELIMINARY
Sections :
1. Short title, extent and commencement
2. Definitions.
CHAPTER II
FARMERS’ ORGANISATIONS.
3. Delineation of Water Users Association area.
4. Constitution of Water Users Association.
5. Constitution of managing committee of Water Users
Association and election of its President and Members.
6. Delineation of Distributory Committee area.
7. Constitution of Distributory Committee.
8. Constitution of managing committee of Distributory
Committee and election of its President and Members.
9. Delineation of Project Area
10. Constitution of Project Committee.
11. Constitution of managing committee of Project Committee and
election of its Chairman and Members.
12. Constitution of Apex Committee.
13. Procedure for recall.
14. Constitution of sub-committee in farmers organisation.
15. Farmers Organisation to be a body corporate.
16. Changes in farmers organisation.
17. Disqualification of candidates or members.
18. Resignation.
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19. Filling up of vacancies.
20. Acts not to be invalidated by vacancy, etc.,
21. Meetings.
CHAPTER III
FUNCTIONS OF FARMERS ORGANISATION
22. Functions of Water Users Association.
23. Functions of Distributory Committee.
24. Functions of Project Committee.
25. Power to levy and collect fees.
26. Appointment of competent authority and his functions.
CHAPTER IV
FUNDS OF FARMERS ORGANISATION
27. Fund of farmers organisation.
28. Deposit and administration of the Fund.
29. Sinking Fund.
30. Audit.
31. Budget.
CHAPTER V
OFFENCES AND PENALTIES
32. Offences and penalties.
33. Cognizance of offences.
34. Punishment under other laws not barred.
35. Compounding of offences.
CHAPTER VI
SETTLEMENT OF DISPUTES
36. Settlement of disputes.
37. Appeals.
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38. Records.
CHAPTER VII
MISCELLANEOUS
39. Recovery of moneys due to farmers organisation as arrears of
land revenue.
40. Meetings.
41. Appointment of Commissioner.
42. Merger of already formed and registered Farmers Associations
and transitional arrangements.
43. Authentication of orders and documents of the farmers
organisation.
44. Protection of action taken in good faith.
45. Power to remove difficulties.
46. Power of Government to give directions.
47. Revision by Commissioner.
48. Operation of other laws not affected.
49. Savings.
50. Power to make rules.
The following Act of the Tamil Nadu Legislative Assembly
received the assent of the President on the 25th February 2001 and is
hereby published for general information:-
ACT No. 7 OF 2001
An Act to provide for Farmers’ participation in the Management of
Irrigation Systems and for matters connected therewith or incidental
thereto.
WHEREAS the State of Tamil Nadu is essentially an
agricultural State depending on efficient and equitable supply and
distribution of water, which is a National wealth ensuring optimum
utilisation by farmers for improvement of agricultural production;
AND WHEREAS it is essential to promote and secure
distribution of water among its users, adequate maintenance of the
irrigation system, efficient and economical utilisation of water to
optimize agricultural production, by involving the farmers and
inculcating a sense of ownership of the irrigation system in them in
accordance with the water budget and the operational plan;
AND WHEREAS scientific and systematic development and
maintenance of irrigation infrastructure is considered best possible
through farmers organisations;
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AND WHEREAS such farmers organisations have to be given
an effective role in the management and maintenance of the irrigation
system for effective and reliable supply and distribution of water.
BE it enacted by the Legislative Assembly of the State of Tamil Nadu
in the Fifty-first Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Tamil Nadu Farmers’
Management of Irrigation Systems - Act, 2000.
(2) It extends to the whole of the State of Tamil Nadu.
(3) It shall come into force on such date as the Government
may, by notification, appoint and different dates may be appointed for
different areas and for different provisions of this Act.
2. In this Act, unless the context otherwise requires, -
(a) ‘Apex Committee’ means the Apex Committee
constituted under Section 12;
(b) ‘area of operation’ in relation to a farmers organisation
means a contiguous block of land in the command area as
the Government may, by notification, specify in this behalf;
(c) ‘ayacut road’ means a road within the area of operation, but
does not include any road vested in a Village Panchayat,
Panchayat Union, Town Panchayat, Municipality, Municipal
Corporation and Highways;
(d) ‘canal system; means-
(i) main canals, branch canals, distributories and
water courses 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 field channels and other related channels and
structures under an irrigation sluice.
(e) ‘Collector’ means the Collector of a district in which the
irrigation system is situated and includes any officer
specially appointed by the Government to perform all or
any of the functions of the Collector under this Act;
(f) ‘command area’ means an area irrigated under any
irrigation system either by gravitational flow or by lift
Short title, extent and
commencement
Definitions
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irrigation or by any other method from a Government
source and includes every such area whether it is called
‘ayacut’ or by any other name under any law for the time
being in force;
(g) competent authority’ means the authority
appointed under Section 26;
(h) 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;
(j) escape channels from an irrigation or canal system and
other works connected therewith, but does not include
works for removal of sewage;
(k) all collecting drains and main drains to drain off
surplus water from field drains; and
(l) all field drains and related structures under
irrigation sluices;
(i) ‘farmers organisation’ means the-
(i) ‘Water Users Association’ at the primary level
consisting of all the water users, as constituted under
Section 4: or
(ii) ‘Distributory Committee’ at secondary level,
as constituted under Section 7: or
(iii) ‘Project Committee’ at the project level, as
constituted under Section 10;
(j) ‘field channel’ includes a channel existing or to be
constructed by the Government or by the water users or by
any agency to receive and distribute water from a sluice;
(k) ‘field drain’ includes a channel excavated and maintained
by the water users or by any other agency, to discharge
waste or surplus water from the land holding under a sluice
and includes drains, escape channels and other similar
works existing or to be constructed;
(l) ‘financing agency’ means any commercial bank or any co-
operative society or any other bank or organisation
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 organisation;
(m) ‘Government’ means the State Government;
(n) ‘Government source’ means any source of water under the
control of the Water Resources Organisation;
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(o) ‘hydraulic basis’ means the basis for identifying a viable
irrigated area served by one or more hydraulic structures
such as head works, main canal, branches, distributories,
sluices and the like;
(p) ‘irrigation system’ means such major, medium and minor
irrigation system for harnessing water for irrigation and
other allied uses from Government source and includes
reservoirs, open head channels, diversion systems, lift
irrigation schemes, anicuts, tanks, wells and the like.
Explanation – For the purpose of this clause, --
(i) ‘Major Irrigation System’ means irrigation system
under Major Irrigation Project having irrigable
command area of more than 10,000 hectares.
(ii) ‘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;
(iii) ‘Minor Irrigation System’ means irrigation system
under Minor Irrigation Project having irrigable
command area upto 2,000 hectares;
(q) ‘land’ means any land under any reigstered ayacut of any
irrigation system;
(r) ‘maintenance’ means execution of such works on the
irrigation system as are necessary to ensure that the
physical system designed to the standards operates for the
proper distribution of water to the lands;
(s) ‘managing committee’ means the managing committee of
any farmers organisation;
(t) ‘operational plan’ means a schedule of irrigation deliveries
with details of the mode and duration of supplies drawn up
for regulation of irrigation in any command area;
(u) ‘Rotational Water Supply’ means a system of distribution
of water to water users by turn, according to an approved
schedule, indicating the day, duration and time of supply;
(v) ‘territorial constituency’ means a contiguous block of
command area of one or more sluices under a Water Users
Association area;
(w) ‘water allocation’ in relation to an irrigation system means
the distribution of water determined from time to time by a
farmers organisation in its area of operation;
(x) ‘Water Resources Organisation’ means the Water
Resources Organisation of the Public Works Department of
the Government;
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(y) ‘water user’ means any farmer holding any land either as
the owner or as the tenant recorded as such in the revenue
records of rights in respect of such land and includes any
other individual or body or a society using water for
agriculture, from a Government source.
CHAPTER II
FARMERS ORGANISATION
3. (1)The Collector may, in such manner as may be
prescribed, delineate command area under each irrigation
system on a hydraulic basis, which may be administratively
viable, and declare it to be a Water Users Association area
for the purposes of this Act;
Provided that in respect of the command area under the minor
irrigation systems, the entire command area may as far as possible,
form a single Water Users Association area.
(2) Every Water Users Associations area shall be divided into
territorial constituencies, which shall not be less than four, but shall not
be more than ten, as may be prescribed.
4. (1) There shall be a Water Users Association called by
its local distinct name for every Water Users Association
area delineated under Section 3.
(2) Every Water Users Association shall consist of all the water
users in such Water Users Association area, as members:
Provided that any person, who is in lawful possession and
enjoyment of any land, may, on proof of such possession and such
enjoyment in a crop year, claim membership, notwithstanding whether
he is a recorded land holder or not, in which case the Water Users
Association shall not refuse the membership of such person for the
purposes of this Act, and such person shall be liable to pay the fees, as
if he is the water user:
Provided further that any person who is eligible to become a
member for more than one territorial constituency of a Water Users
Association shall be entitled to be a member of only one territorial
constituency, at his option.
(3) The members specified in sub-section (2) shall constitute the
general body for the respective Water Users Association and such
members alone shall have the right to vote.
5. (1) There shall be managing committee for every Water Users
Association.
Delineation of Water Users
Association area
Constitution of Water Users
Association
Constitution of managing
committee of Water Users
Association and election of its
President and members
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(2) The Collector shall make arrangements for the election
of the President of the Managing Committee of the
Water Users Association by direct election from among
its members, by the method of secret ballot, in such
manner as may be prescribed.
(3) The Collector shall also make arrangements for the
election of the members of the managing committee,
consisting of one member from each of the territorial
constituency of the Water Users Association area, by the
method of secret ballot, in such manner as may be
prescribed.
(4) If at an election held under sub-section (2) or (3), the
President or the member in any territorial constituency is
not elected, fresh election shall be held in the same
manner as specified in sub- section (2) or (3), as the case
may be :
Provided that the Government may, for the reasons to be
recorded in writing, from time to time, postpone the election.
(5) The President and the members of the managing committee
shall, if not recalled under section 13, be in office for a period of five
years and six months*, from the date of the first meeting of the managing
committee.
*Amendment of section 5
T.N.Govt Gazettee
Extraordinary
No.26/29.1.2009
(6)The managing committee shall exercise the powers and perform
the functions of the Water Users Association.
6. The Government may, in such manner as may be prescribed,
delineate command area of each major and medium irrigation system,
comprising of two or more Water Users Associations, and declare it to be
a Distributory Committee area for the purposes of this Act.
7. (1) There shall be a Distributory Committee called by its local
distinct name for every Distributory Committee area declared as such
under Section 6.
(2) The President of every Water Users Association in a
Distributory Committee area, shall be the member of such Distributory
Committee ex-officio, and all such members shall constitute the general
body of such Distributory Committee.
8. (1) There shall be a managing committee for every Distributory
Committee.
(2) The Collector shall make arrangements for the election of
the President of the managing committee of the Distributory Committee
by direct election from among its members, by the method of secret
ballot, in such manner as may be prescribed.
Delineation of
Distributory
Committee area
Constitution of
Distributory
Committee
Constitution of
managing committee
of Distributory
Committee and
election of its
President and
members
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(3)The Collector shall also make arrangements for the election
of the members of the managing committee of the Distributory
Committee from among the members of such Distributory Committee,
who shall not be more than five, in such manner as may be prescribed:
Provided that the Government may, for the reasons to be
recorded in writing, from time to time, postpone the election.
(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 election shall be held in the same manner as specified in sub-
section (2) or (3), as the case may be.
(5) The term of office of the President and the members of the
managing committee shall, if not recalled under section 13, be
coterminous with the term of members of the general body specified in
sub-section (2) of section 7.
(6) The managing committee shall exercise the powers and
perform the functions of the Distributory Committee.
9. The Government may, in such manner as may be
prescribed, delineate every command area or part thereof, of a Major
Irrigation System, and declare it to be a Project area for the purposes of
this Act.
10. (1) There shall be a Project Committee called by its distinct
name for every Project Area declared under Section 9.
(2) The President of every Distributory Committee in the
Project area shall be the member of such Project Committee, ex-officio,
and all such members shall constitute the general body for such Project
Committee.
11. (1) There shall be a managing committee for every Project
Committee.
(2) The Collector shall make arrangements for the election
of the Chairman of the managing committee of the Project Committee
by direct election from among its members, by the method of secret
ballot, in such manner as may be prescribed.
(3) The Collector shall also make arrangements for the
election of the members of the managing committee of the Project
Committee from among the members of such Project Committee, who
shall not be more than nine, in such manner as may be prescribed.
Provided that the Government may, for the reasons to be
recorded in writing, from time to time, postpone the election.
Delineation of
Project area
Constitution of
Project
Committee
Constitution of
managing committee
of Project Committee
and election of its
chairman members
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(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 election shall be held in the same manner as specified in sub-
section (2) or (3), as the case may be.
(5) The term of office of the Chairman and the members of the
managing committee shall, if not recalled under section 13, be
coterminous with the term of members of the general body specified in
sub-section (2) of section 10.
(6) The managing committee shall exercise the powers and
perform the functions of the Project Committee.
12. (1) The Government may, by notification, constitute an
Apex Committee with a Chairman and such number of members as
may be prescribed.
(2) The Apex Committee constituted under sub-
section (1) may exercise such powers and functions as may be
prescribed so as to lay down the policies and guidelines for
implementation of the provisions of this Act.
13. (1) A motion for recall of a Chairman or a President or
Member, as the case may be, of the managing committee of any
farmers organisation may be made by giving a notice in writing in
such form as may be prescribed, signed by not less than one-third of
the total number of members of such farmers organisation, who are
entitled to vote.
Provided that no notice of motion under this section shall be
made within one year of the date of assumption of office by any person
against whom the motion is sought to be moved.
(2) If the motion is carried with the support of majority of
the members present and voting at a meeting of the general body
specially convened for the purpose, the Collector or the Government,
as the case may be, shall by order, remove such person from office and
the resulting vacancy shall be filled in the same manner as a casual
vacancy.
14. The managing committee may constitute such number of sub
- committees, from amongst the members of the farmers organisation
concerned, as may be necessary to carry out all or any of the functions
vested in it under this Act.
15. Every farmers organisation referred to in clause (i) of
section 2 shall be a 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 purpose for
Constitution of Apex
Committee
Procedure for recall
Constitution of Sub-
committee in farmers
organisation
Farmers
organisation to be a
body corporate
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which it is constituted and it shall sue or be sued in its corporate name
represented by the Chairman or 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.
16. The Government may, in the interest of farmers organisation
in any 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 existing farmers organisation; or
(b) increase the area of any farmers organisation; or
(c) diminish the area of any farmers organisation; or
(d) alter the boundaries of any farmers organisation; or
(e) cancel a notification issued under this section for rectifying
any mistake;
Provided that no such separation, increase, diminition, alteration
or cancellation, as the case may be, shall be effected unless a
reasonable opportunity is given to the farmer’s organisation likely to
be affected.
17. (1) A person shall be disqualified for being chosen as or for
being a Chairman or President or a Member of any managing
committee, if-
(a) he is a village servant or officer or servant of the
Government of India or of any State Government or of any local
authority or an employee of any institution receiving aid from the
funds of the Government.
(b) he has been convicted by a criminal court for any offence
involving moral turpitude committed under any law for the time
being in force;
(c) he is of unsound mind and stands so declared by a
competent court.
Changes in farmers
organisation
Disqualification
of candidates or
members
(d) he is an applicant to be adjudicated as an insolvent or an
undischarged insolvent; or
(e) he is a defaulter of land revenue or water charges or fees
payable either to the Government or to the farmers organisation;
(f) he is interested in a subsisting contract made with, or any
work being done in the area of the concerned farmers organisation, for
the Village Panchayat or Panchayat Union or Town Panchayat or
Municipality or Municipal Corporation or State or Central Government
or farmers organisation;
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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 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 Village Panchayat, Panchayat
Union, Town Panchayat, Municipality, Municipal Corporation,
Farmers Organisation, State or Central Government, as the case may
be, has not performed its part of the contractual obligations.
(2) A Chairman or President or Member of any managing
committee of a farmers organisation shall also become disqualified to
continue in office and shall cease to hold office forthwith, 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.
(3) A member of the Water User Association shall cease to be a
member or a Chairman or a President, as the case may be, of a
managing committee and shall become disqualified to continue in
office, if he ceases to be a water user.
(18) (1) A member of a managing committee of any 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 Distributory Committee
concerned.
(3) The President of the managing committee of a Distributory
Committee may resign his office by a letter, sent by registered post or
tendered in person, to the Chairman of the Project Committee
concerned.
Resignation
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(4) The Chairman of the managing committee of a Project
Committee may resign his office by a letter, sent by registered post or
tendered in person, to the Chairman of the Apex Committee.
(5) Any resignation under this section shall take effect from the
date of acceptance or on the expiry of thirty days from the date of its
receipt, whichever is earlier.
19. (1) A vacancy arising in any managing committee, either
due to disqualification under sub-section (2) or (3) of section 17 or due
to death or resignation or any other reason, such vacancy shall be filled
up, by nomination, till the vacancy is filled up by election under sub-
section (2), in the following manner:-
(a) A vacancy in the Water Users Association shall be filled by
the managing committee of the Distributory Committee, in such
manner as may be prescribed;
(b) A vacancy in the Distributory Committee shall be filled by
the managing committee of the Project Committee, in such manner as
may be prescribed; and
(c) A vacancy in the Project Committee shall be filled by the
Apex Committee, in such manner as may be prescribed.
(2) The Collector shall take necessary steps to conduct
elections to fill up any vacancy caused within a period of one month
from the date of occurrence of such vacancy.
(3) The term of office of a member or a President or a
Chairman of the farmers organisation, elected under sub-section (2),
shall expire at the time at which it would have expired, if he had been
elected at the ordinary election.
20. No act or proceedings of any managing committee shall be
invalid by reason only of the existence of any vacancy in, or defect in
the constitution of, the said managing committee.
21. The meetings of the farmers organisation and the managing
committee thereof shall be at such intervals, by such procedure, and
with such quorum, as may be prescribed.
CHAPTER III
FUNCTIONS OF FARMERS ORGANISATION.
22. The Water Users Association shall perform the following
functions, namely:-
(a) to prepare and implement an operational plan and a
Rotational Water Supply for each irrigation season,
consistent with the operational plan, prepared by the
Distributory Committee and the Project Committee,
and based upon the entitlement, area, soil and
Filling up of
vacancies
Acts not to be
invalidated by
vacancy etc.
Meetings
Functions of Water
Users’ Association
14
Distributory
cropping pattern as approved by the managing committee or
Distributory Committee, or as the case may be, of the Project
Committee.
(b) to prepare a plan for the maintenance of irrigation system in
the area of its operation at the end of each crop season and
carry out the maintenance works of both distributory
system, water courses and field drains in its area of
operation with the funds of the Water Users Association, from
time to time;
(c) to regulate the use of water among the various sluices
under its area of operation according to the Rotational
Water Supply;
(d) to promote economy in the use of water allocated;
(e) to assist the authorities of the Revenue Department of the
Government, in the preparation of demand and collection of
water charges;
(f) to maintain a register of water users, as published by the
Revenue Department of the Government;
(g) to prepare and maintain an inventory of the irrigation
system within the area of operation;
(h) to monitor flow of water for irrigation;
(i) to resolve the disputes, if any, between the members of
the Water Users Association in its area of operation;
(j) to raise resources;
(k) to maintain accounts;
(l) to cause annual audit of its accounts;
(m) to assist in the conduct of elections to the managing committee.
(n) to maintain such other records, as may be prescribed;
(o) to abide by the decisions of the Distributory Committee and
Project Committee;
(p) to conduct general body meetings, in such manner as may be
prescribed;
(q) to encourage avenue for plantation on canal and tank
poramboke, and to protect and maintain such plantations;
(r) to conduct regular water budgeting and also to conduct
periodical social audit, as may be prescribed; and
(s) to remove the encroachments on canal, drains and tank poramboke
in the area of jurisdiction of the Water Users Association.
23. The Distributory Committee shall perform the following
functions, namely:-
Functions of
Committee.
15
(a) to prepare an operational plan based on its entitlement, area,
soil, cropping pattern at the beginning of each irrigation season,
consistent with the operational plan prepared by the Project Committee.
(b) to prepare a plan for the maintenance of branch canals,
distributories and medium drains within its area of operation as the end
of each crop season and execute the maintenance works with its funds,
from time to time;
(c) to regulate the use of water among the various Water Users
Associations under its area of operation;
(d) to resolve disputes, if any, between the Water Users
Associations in its area of operation;
(e) to maintain a register of Water Users Association in its area
of operation;
(f) to maintain an inventory of the irrigation system in the area
of its operation, including drains;
(g) to promote economy in the use of water allocated;
(h) to maintain accounts;
(i) to cause annual audit of its accounts;
(j) to maintain such other records, as may be prescribed;
(k) to monitor the flow of water for irrigation;
(l) to conduct general body meetings, as may be prescribed;
(m) to abide by the decisions of the Project Committee;
(n) to cause regular water budgeting and also the periodical
social audit, as may be prescribed;
(o) to assist in the conduct of elections to the managing
committee
(p) to encourage avenue for plantations in its area of
operation;
and
(q) to remove the encroachments on canal, drains and tank
poramboke in the area of jurisdiction of the Distributory Committee.
24. The Project Committee shall perform the following
functions, namely:-
(a) to approve an operational plan, based on its entitlement, area,
soil cropping pattern, as prepared by the competent authority, in
respect of the entire project area at the beginning of each irrigation
season;
Functions of
Project
Committee
16
(b) to approve a plan for the maintenance of irrigation system,
including the major drains, within its area of operation at the end of
each crop seasons and execute the maintenance works with the fund of
the Project Committee
(c) to maintain a list of the Distributory Committees and Water
Users Associations in its area of operation;
(d) to maintain an inventory of the branch canals, distributories
and drainage systems in its area of operation;
(e) to resolve disputes if any, between the Distributory
Committees;
(f) to promote economy in the use of water;
(g) to maintain accounts;
(h) to cause annual audit of its accounts;
(i) to maintain such other records, as may be prescribed;
(j) to conduct general body meetings, as may be prescribed;
(k) to cause regular water budgeting and also the periodical
social audit, as may be prescribed.
(l) To encourage avenue for plantations in its area of
operation; and
(m) To remove the encroachments on canal, drains and tank
poramboke in the area of jurisdiction of the Project Committee.
25. A farmers organisation may, for carrying out the purposes of
this Act, and for achieving the objects of such organisation and
performing its functions, levy and collect such fees not exceeding five
hundred rupees per hectare per year from every water user, as may be
prescribed, from time to time.
26. (1) The Government may, by notification, appoint such
officer of the Water Resources Organisation, as they consider necessary,
to be the competent authority to every farmers organisation, for the
purposes of this Act.
(2) The competent authority appointed under sub-section (1) shall
assist the respective farmers organisation in the implementation and
execution of all decisions taken by such farmers organisation.
(3) Every farmers organisation shall extend such co-operation or
assistance, as may be required by the competent authority, for carrying
out the purposes of this Act.
Power to levy and
collect fees
Appointment
of competent
authority and his
functions
17
CHAPTER IV
FUNDS OF FARMERS ORGANISATION
27. There shall be a Fund for every farmers organisation, which
shall comprise of the following sources, namely:-
(1) grants received from the Government as a share of the water
charges collected in the area of operation of the farmers organisation,
at such rates as may be prescribed.
(2) such other funds as may be granted by the State and Central
Government for the development of the area of operation;
(3) resources raised from any financing agency for undertaking
any economic development activities in its area of operation;
(4) such income from the properties and assets attached to the
irrigation system within its area of operation, as may be granted by the
Government;
(5) fees collected under section 25;
(6) amounts received from any other source;
28. (1) The farmers organisation shall keep its Fund in a
Nationalised Bank or a Co-operative Bank or any Agricultural Co-
operative Society.
(2) The Fund shall be applied towards meeting of the
expenses incurred by the managing committee of the concerned farmers
organisation in the administration of this Act and for no other purpose.
29. (1)The managing committee of the farmers organisation
shall maintain a sinking fund for the repayment of moneys borrowed
and shall pay every year into the sinking fund such sum as may be
sufficient for repayment, within the period fixed, of all moneys so
borrowed.
(2) The sinking fund or any part thereof shall be applied in
or towards, the discharge of the loan for which such fund was created,
and until such loan is wholly discharged, it shall not be applied for any
other purpose.
30. Every farmers organisation shall get its accounts audited
annually in such manner and by such auditors, as may be prescribed.
31. The managing committee of a farmers organisation shall
prepare in such form in every financial year a budget in respect of next
financial year, showing the estimated receipts and expenditure of
Fund of Farmers
Organisation
Deposit and
administration of the
Fund.
Sinking Fund
Audit
Budget.
18
such committee and shall place before its general body for its
approval in such manner, as may be prescribed.
CHAPTER V
OFFENCES AND PENALTIES
32. Whoever, without any lawful authority, does any of the
following acts, namely:-
(a) damages, alters, enlarges, or obstructs any irrigation system;
or
(b) interferes with, increases, or diminishes the water supply in,
or the flow of water from, through, over or under any
irrigation system; or
Offences and
penalties.
(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
there from or uses water in an unauthorised manner, or in such manner
as to cause damage to the adjacent land; or
(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; or
(e) obstructs or removes any level marks or water gauge or any
other mark or sign fixed by the authority of a public servant; or
(f) opens, shuts, or obstructs or attempts to open, shut or obstruct
any sluice or outlet or any other similar contravence in any irrigation
system; or
(g) violates the Rotational Water Supply or water distribution
and regulation made by the Water Users Association or Distributory
Committee or the Project Committee, shall, on conviction, be punished
with imprisonment for a term which may extend to two years or with
fine which may extend to five thousand rupees, or with both.
33. No court shall take cognizance of an offence under this Act,
except on complaint made by the competent authority or the President
or Chairman, as the case may be , of the managing committee of any
farmers organisation.
34. Nothing contained 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.
Cognizance of
offences.
Punishment
under other laws
not barred.
19
35. (1) Any offence punishable under section 32 may, either before
or after making the complaint under section 33, be compounded by the
competent authority or the President or the Chairman, as the case may
be, of the managing committee of a farmers organisation, on payment,
for credit to the Government, of such sum as the competent authority or
the Chairman or the President, as the case may be, specify;
Provided that such sum shall not, in any case, exceed the
maximum amount of the fine which may be imposed under this Act for
the offence so compounded.
(2)Where an offence has been compounded under sub-section
(1), no proceeding or further proceeding, as the case may be, shall be
taken against the offender, in respect of the offence so compounded,
and the offender if in custody, shall be discharged forthwith.
(3) No offence punishable under this Act shall be
compounded except as provided by this section.
CHAPTER VI
SETTLEMENT OF DISPUTES.
36. (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
such farmers organisation.
(2) Any such 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 such 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
managing committee of the Project Committee.
(4) Any such dispute or difference arising between a member
and 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 fifteen days from the date of reference of the
dispute or difference.
Compounding of offences
Settlement of
disputes
20
37. (1) Any party to a dispute or difference aggrieved by any
decision made or order passed by the managing committee of a Water
Users Association may appeal to the managing committee of the
Distributory Committee, whose decision thereon shall be final.
(2) Any party to a dispute or difference aggrieved by any
decision made or order passed by the managing committee of a
Distributory Committee may appeal to the managing committee of the
Project Committee, whose decision thereon shall be final.
(3) Any party to a dispute or difference aggrieved by any
decision made or order passed by the managing committee of a Project
Committee 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 of within
fifteen days from the date of filing of the appeal.
CHAPTER VII
MISCELLANEOUS
38. (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 the map of the structures and distributory networks
prepared in consultation with the Water Resources Organisation;
(c) a statement of the assets and liabilities;
(d) minutes book;
(e) books of account showing receipts and payments;
(f) books of account of all purchases and sales of goods
made by the farmers organisation;
(g) register of measurement books, level field books,
works orders and the like;
(h) copies of audit reports and enquiry reports;
(i) 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 respective farmers organisation.
Appeals
Records
21
39. Without prejudice to any other mode of recovery which is
being taken or may be taken under this Act or any other law for the
time being in force, any moneys due to farmers organisation may be
recovered as if it were an arrears of land revenue and for the purposes
of such recovery, the competent authority shall have the powers of a
Collector under the Tamil Nadu Revenue Recovery Act, 1864.
40. The meeting of the farmers organisation and the managing
committee thereof, its procedure, intervals, presidency and quorum
thereof shall be such as may be prescribed.
41. (1) The Government may, by notification, appoint a
Commissioner to exercise general control and superintendence over the
competent authorities and the Collectors in performance of their
functions under this Act or the rules made there under.
(2) The powers to be exercised and the functions to be
performed by the Commissioner shall be such as may be prescribed.
42. (1) Any farmers association already formed and registered
under the Tamil Nadu Societies Registration Act, 1975 for the purpose
of carrying out the functions of participatory Irrigation Management
prior to the coming into force of this Act and functioning in any area
declared to be a Water Users Association Area under section 3 shall, as
soon as the Managing Committee of the Water Users Association is
constituted in accordance with section 5 in such area, cease to exist:
Provided that where any such farmers association which has
entered into a Memorandum of Understanding with any authority of
the Water Resources Organisation before coming into force of this Act
shall continue to exercise the powers and functions of a Water Users
Association in the respective area from the date of coming into force of
this Act and till the constitution of the managing committee of the
Water Users Association in accordance with this Act.
(2) The Government may, by notification, appoint officers from
the Water Resources Organisation 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.
43. All permissions, orders, decisions, notices and other
documents of the farmers organisation shall be authenticated by the
signature of the Chairman or President of such farmers organisation or
any other member of the managing committee as may be specifically
authorised by such managing committee in writing in this behalf.
Recovery of moneys
due to farmers
organisation as arrears
of land revenue.
Meetings
Appointment of
Commissioner.
Merger of already
formed and registered
farmers associations
and transitional
arrangements.
Authentication of
orders and documents
of the farmers
organisation.
22
44. No suit, prosecution or other legal proceedings shall lie against
any person for anything which is, in good faith done or intended to be
done in pursuance of this Act or any rule or order made thereunder.
45. If any difficulty arises in giving effect to the provisions of this
Act, the Government may, by order published in the Tamil Nadu
Government Gazette, make such provisions, not inconsistent with the
provisions of this Act, as appear to them to be necessary or expedient
for removing the difficulty.
Provided that no order shall be made after the expiry of a
period of two years from the date of commencement of this Act.
46. (1) The Government may, in the public interest, by order, direct
the competent authority to make an enquiry or to take appropriate
proceedings under this Act in any case specified in the order, and the
competent authority shall report to the Government the result of the
enquiry made or the proceedings taken by him within such period as
may be prescribed.
(2) The Government may issue such orders and directions of a
general character as they may consider necessary in respect of any
matter relating to the powers and duties of the competent authority or
the farmers organisation and thereupon the competent authority or the
farmers organisation shall give effect to such orders and directions.
47. The Commissioner may, either on his own motion or on
application made, call for and examine the records of any farmers
organisation or as the case may be , the records of the Apex Committee
in respect of any decision, order, or other proceedings made under this
Act, to satisfy himself as to the correctness, legality or propriety of any
such decision or order, or as to the regularity of such proceedings and if,
in any case, it appears to the Commissioner that such decision, order or
proceedings should be modified, annulled, reversed or remitted for
reconsideration, he may pass orders accordingly.
Provided that the Commissioner shall not pass any order
prejudicial to any person unless he has been given an opportunity of
making a representation.
48. The provisions of this Act shall be in addition to, and not in
derogation of any other law for the time being in force.
49. Nothing contained in this Act shall affect the rights or
properties vested in a Village Panchayat, Panchayat Union, Town
Panchayat, Municipality or Municipal Corporation under any law for
the time being in force.
Protection of action
taken in good faith
Power to remove
difficulties
Power of Government
to give directions
Revision by
Commissioner.
Operation of other
laws not affected.
Savings
23
50. (1) The Government may make rules to carry out all or any
of the purposes of this Act.
(2) Every rule or order made under this Act shall, as soon as
possible, after it is made, be placed on the Table of the Legislative
Assembly and if, before the expiry of the session in which it is so
placed or the next session, the Assembly makes any modification in
any such rule or order, or the Assembly decides that the rule or order
should not be made, the rule or order shall thereafter have effect only
in such modified form or be of no effect, as the case may be, so,
however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that rule or
order.
(By order of the Governor)
K. PARTHASARATHY,
Secretary to Government,
Law Department.
Power to make
rules.
Open official source version ↗About this act
- Jurisdiction
- Tamil Nadu
- Enactment date
- 2001-02-25
- Sections available
- 50
Read the sections
India Code, Government of India. Text fetched 12 Oct 2026. Source metadata reports last modification: 2025-05-22. Check the linked official text and subsequent notifications when applying a provision.