Tamil Nadu Farmers' Management of Irrigation Systems Act, 2000
No: 7 Dated: Mar, 05 2001
THE TAMIL NADU FARMERS’ MANAGEMENT OF IRRIGATION SYSTEMS ACT 2000
(Tamil Nadu Act 7 of 2001)
An Act to provide for Farmers' participation in the Management of Irrigation Systems and formatters 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;
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. Short title, extent and commencement. - (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. Definitions. - 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 Pancha-yat, 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 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;
(ii) escape channels from an irrigation or canal system and other works connected therewith, but does not include works for removal of sewage; and
(iii) all collecting drains and main drains to drain off surplus water from field drains;
(iv) 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) "Distributary 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;
(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 registered 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;
(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 Organisations
3. Delineation of Water Users Association area. - (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.