Chhattisgarh Sinchai Prabandhan Me Krishkon Ki Bhagidari Adhiniyam, 2006
No: 20 Dated: May, 24 2006
Chhattisgarh Sinchai Prabandhan Me Krishkon Ki Bhagidari Adhiniyam, 2006
An Act to provide for Farmers' Participation in the Management of Irrigation System and for matters connected therewith or incidental thereto.
Be it enacted by the State Legislature in the Fifty-seventh Year of the Republic of India, as follows :-
CHAPTER I
Preliminary
1. Short title, extent and commencement.- (1) This Act may be called the Chhattisgarh Sinchai Prabandhan Me Krishkon Ki Bhagidari Adhiniyam. 2006.
(2) It extends to the whole of the State of Chhattisgarh.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different areas and for different provisions.
2. Definitions.- (1) In this Act, unless the context otherwise requires, -
(a) "agreement" means an agreement between the Water Users' Association and the Project Committee or Canal Officer as the case may be, for all aspects of irrigation management including rehabilitation of the distributory system, supply of water on volumetric basis for irrigation and handing over of physical system for operation, maintenance, management and related purposes;
(b) "area of operation" in relation to farmers' organisation means a contiguous block of land in the command area of an irrigation system as may be notified by the State Government for the purposes of this Act;
(c) "ayacut road" means a road within the area of operation of a farmers' organisation, for the purpose of irrigation and agriculture but does not include a road vested in a Gram Panchayat, Janpad Panchayat, Zila Panchayat, Nagar Panchayat, Municipal Council, Municipal Corporation or Public Works Department of the State Government;
(d) "canal officer" means the following Officers of the Water Resources Department namely :-
(i) Chief Engineer;
(ii) Superintending Engineer;
(iii) Executive Engineer;
(iv) Sub-Divisional Officer;
(v) Canal Deputy Collector; and
(vi) Sub-Engineer;
(e) "command area" means an area irrigated or capable of being irrigated cither by gravitational How or by lift irrigation or by any other method from a Government or the Government aided 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;
(f) "Competent Authority" means the Competent Authority appointed under Section 29;
(g) "distributory system" means and includes,-
(i) all main canals, branch canals, distributories 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 field channels and other related channels and structures under a pipe outlet;
(h) "drainage system" means and includes,-
(i) channels either natural or artificial, for the discharge of water or surplus water and all works connected therewith or ancillary thereto;
(ii) escape channels from an irrigation or distribution 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 pipe outlets;
(i) "farmers' organisation" wherever it occurs, shall mean and include,-
(i) Water Users' Association at the primary level consisting of all the waters users as constituted under Section 4;
(ii) Distributory Committee at the secondary level as constituted under Section 7; and
(iii) Project Committee at the project level, as constituted under Section 10;
(j) "farmers participation in management of irrigation system" means involvement of water users in all aspects of irrigation in the irrigation system including planning, designing, operation, maintenance, rehabilitation, modernization, administering rights, resolving of conflicts, determination and collection of Irrigation Water Rate, monitoring, evaluation, budgeting, and financial management, and extends to providing and coordinating irrigation and agriculture related services;
(k) "field channel" includes a channel existing or to be constructed by the State Government or by the land holders or by an agency to receive and distribute water from a pipe outlet or an opening in a water course for irrigation of field belonging to Government or private owners;
(l) "field drain" includes a channel excavated and maintained by the land holder or by any other agency, to discharge waste or surplus water from the land holding under a pipe outlet and includes drains, escape channels and other similar works existing or to be constructed;
(m) "financing agency" means any commercial band 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;
(n) "general body" in relation to Water Users' Association means the body of all members of such Association;
(o) "hydraulic basis" means the basis for identifying a viable irrigated area served by one or more hydraulic structures such as head works, distributories, minors, pipe outlets and the like;