Rajasthan Farmers' Participation in Management of Irrigation System Act, 2000
No: 21 Dated: Nov, 20 2000
Rajasthan Farmers' Participation in Management of Irrigation System Act, 2000
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 Rajasthan State Legislature in the Fifty-first Year of the Republic of India, as follows:-
CHAPTER-1
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Rajasthan Farmers' Participation in Management of Irrigation System Act, 2000.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall be deemed to have come into force on and from 20th day of July 2000
2. Definitions. - (1) In this Act, unless the context otherwise requires:-
(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 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;
(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 up to 10,000 hectares;
(3) 'Minor Irrigation System' means irrigation system under minor irrigation project having irrigable command area up to 2,000 hectares;
(m) '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).