0/0 Commissioner CADA, Hanuman Pet, Vijayawada, A.P. Most urgent Circular No: COM/CAD/APFMIS Act/Amendments Dt: 28-02-2018 Sub: Andhra Pradesh Farmers Irrigation Management Act, 1997 (Act 11 of 1997) -Certain Amendments made to the Act - Act No.4 of 2018 - instructions issued - Reg. Ref: Andhra Pradesh Act No.4 of 2018 published in Part IV-B Extra ordinary Gazette, Dt:2-1-2018. In the reference cited, the Government has amended the APFMIS Act 1997 vide Act No. 4 of 2018. A copy of the same is herewith enclosed. The following are the main highlights of the Amendments to the APFMIS Act 1997: The number of Territorial constituencies in a Water Users Association shall be a minimum of Six and maximum of twelve in all Irrigation systems whether it is under Major, Medium or Minor depending on the extent of Command Area and Administrative feasibility [Section 3(2)]. The term of the office of the members of the Territorial constituencies shall if not recalled or removed or disqualified under the provisions of the Act, be five years. (instead of continuous body with tenure of six years for the members with 1/3rd of the members retiring every 2 years).[section 4(3)] The election process is so much simplified that the representatives of Territorial constituencies can be selected by consensus and where there is no consensus, the selection can be
by show of hands and even then it is not agreed, the process is finally through distribution of voting slips [Section 4 (5)]. Where the selection of the member the Territorial constituencies could not succeed in any of the constituency, the Water Users Associations member of that Territorial constituencies identified by the District Collector or any of the officer notified by the District Collector shall exercise the powers and perform the functions of the Managing Committee member of that Territorial constituency [Proviso of Section 4(5)]. 4 Where the election of the President or Vice-President could not succeed the Government, may by notification appoint any of the Managing Committee member of the Water Users Associations or any of the officer to exercise the powers and perform the functions of the President or Vice-President as the case may be instated of holding fresh elections or postponing the elections [proviso of Section 4 (6)]. Similar are the provisions in case of Distributory Committee and Project Committee [Proviso of Section 6(2) & Proviso of Section 8 (2)]. General instructions: Keeping in view spirit of the Act, Election Officers and Polling Officers shall, in the first instance, explain to the voters that the Water Users Associations are formed with the sole object of serving all the farmers in their ayacut upto tail end with effective distribution of Water for irrigation. To achieve this objective, they should be encouraged to find their representatives who serve them by providing dynamic and active leadership in this regard. It is, therefore, desirable that the Farmers Organization be formed through mutual understanding with a spirit of self-help and co-
operation. So it is in their own interest to find their leads by consensus. The Election process is so much simplified for selecting their representative by consensus in the first instance. If there is no consensus arrived, then the selecting is through show of hands. If it is also not acceptable, then the process of selection is finally through distribution of voting slips. In the present set-up, there are 4134 Water Users Associations under Minor Irrigation, each having one Water Users Association with Six Territorial Constituency members. The total number of Minor Irrigation tanks in the State is 5,441. The Water Resources Department has taken over 35,376 tanks from Panchayati Raj Department.. The number of Assistant Executive Engineers/ Assistant Engineers available with the Department to discharge the functions of competent authority under Minor irrigation is around 350 only. Hence there is a mismatch between the availability of competent authority Vs number of Minor Irrigation tanks. It is felt that a competent authority can discharge his functions effectively only if the number of Water Users Associations under his jurisdiction is limited to around ten. Of late, the Minor Irrigation tanks situated in a chain have been identified as chain of tanks and some of water bodies so grouped together are called cascades. As long as there is hydraulic feasibility and commonality of irrigation interests among the farmers, the water bodies under Minor Irrigation can be grouped (or) clubbed together and re-delineated while re-notifying the Water Users Associations now under the amended Act. For example, each water body in a group/cascade can be represented by one Territorial Constituency and all such Territorial Constituencies not exceeding Twelve with ayacut not exceeding 5,000 Acres can be
notified as a single Water Users Association unit under Minor Irrigation. Such a measure makes the number of Water Users Associations under Minor Irrigation more effective, financially viable, administratively convenient and the department can also monitor their functioning easily. Similar exercise can be taken up under Major and Medium Irrigation systems also where ever feasible. Redelineation: In view of the above position, it is clear that the re-delineation of the existing Water Users Associations particularly in Minor Irrigation needs to be given top most priority. The Superintending Engineers and Executive Engineers shall prepare proposals for regrouping, cascading/ re-delineation of the existing Water Users Associations duly ensuring the hydraulic aspects, administrative convenience for posting the CAs to the new Water Users Associations, rectifying the defects in the present delineation where ever it is noticed etc,. During this process, the CAs for the redelineated Water Users Associations should also be simultaneously identified. The Executive Engineer in consultation with Revenue Department shall finalize the proposals and submit to the Superintending Engineer, who in turn shall send the proposals to the concerned District Collector as per the Rules & procedures as per G.O.Ms.No.20, I & CAD (CAD IV), Department, Dt: 20-2-2003 (except the provisions relating to delineation of Water Users areas and continuous bodies under Sub-Rule 1 & 5 of Rule 4 of said G.0). In case of any difficulty in this process they may approach this office for any clarifications. This exercise should be done in a time bound manner and should be completed by 31-3-2018 positively in all Major, Medium and Minor irrigation systems in the State including new Project commands. After re-delineation of the Water Users Associations, preparation of land holders list, Voters list and other voters list have to be prepared as per Rule 9 of said G.O.
4 All the Chief Engineers, Superintending Engineers who are in-charge of re-delineation of the ayacut of Water Users Associations should keep this important aspect in view while sending the proposals to this office. In view of the above, all the Chief Engineers and Superintending Engineers who are in charge of Water regulation of Water Users Association should keep all the above important aspects in view while processing and sending proposals to this office. End: A copy of Act No.4 of 2018. To, All the District Collectors The Engineer-in-Chief (I), Vijayawada All the chief Engineers All the Superintending Engineers & Executive Engineers concerned Sd/-28-2-2018. Commissioner, CADA //TCF // Executive Engineer \--- ki(
Registered No. HSE/49. [Price Rs.2-00 Paise 1oCcrra loner CADA goggig otsw*(06x THE ANDHRA PRADESH GAZETTE tz- FQ-24 VIJAYAWA04. PART IV-B EXTRAORDINARY PUBLISHED BYAUTHORITY No. 4 AMARAVATI, TUESDAY, JANUARY 2, 2018. ANDHRA PRADESH ACTS, ORDINANCES AND REGU LATIONS Etc., The following Act of the Andhra Pradesh Legislature received the assent of the Governor on the 29th December, 2017 and the said assent is hereby first published on the 2nd January, 2018 in the Andhra Pradesh Gazette for general information: (Po' ACT No. 4 of 2018 kl if AN ACT FURTHER TO AMEND THE ANDHRA PRADESH FARMERS r-it" MANAGEMENT OF IRRIGATION SYSTEMS ACT, 1997. V Be it enacted by the Legislature of the State of Andhra Pradesh in the Sixty-eighth year of the Republic of India as follows :- ofri) 'IS 1. (1) This Act may be called the Andhra Pradesh Farmers Management of Irrigation Systems (Amendment) Act, 2017. 42k-efr-- (2) It shall be deemed to have dome into force with effect on and from the 15th June, 2017. In the Andhra Pradesh Farmers Management of Irrigation Systems Act, 1997 (hereinafter referred to as the PrincipalAct), in section 2, in clauses (bb) and (uu), for the words "Irrigation and Command Area Development" the words "Water Resources" In section 3 of the principal Act, in sub-section (2), for the words "six in Minor Irrigation systems and twelve in Major and Medium Irrigation Systems." the words "a minimum of six and a miximum oftwelve depending on the extent of Command area and administrative feasibility." Short title and Commencement. ' section 2 Act II of 1997. section 3. A.4 Fl
2 S. I. In section 4 of the principalact section 4. in sub-section (1), for the words "elected directly" the word "selected" shall be subsituted. sub-section (2), shall be omitted. (in) in sub-section (3), for the word "six", the word "five", shall be substituted and the proviso shall be omitted. (iv) for sub-section (4), the following shall be substituted, namely,- (v) "(4) If any vacancy arises in a territorial constituency for any valid reason such vacancy shall be filled up as per sub-section (1) and the member shall hold office only so long as the member in whose place he is selected would have been entitled to hold office if the vacancy had not occurred.". for sub-section (5) and the proviso, the following shall be substituted, namely,- "(5) The District Collector shall cause arrangements, for the selection of a managing committee consisting of one member from each of the territorial constituencies of water users area by a simplified procedure of selecting the representative by consensus and where there is no consensus, it shall be by simplified procedure like show of hands or distribution slips in the manner prescribed: Provided that where the selection of the member could not succeed in any of the constituency, the Water User Association member of that constituency identified by the District Collector or any of the officer notified by the District Collector shall exercise the powers and perform the functions of the managing committee member of that territorial constituency.". (vi) in sub-section (6), for the proviso, the following shall be substituted, namely,- "Provided that where the election of the President or Vice President could not succeed, the Government may by notification, appoint any of the Managing Committee Member of the Water Users Association or any of the officer, to exercise the powers and perform the functions of the President or Vice President, as the case may be.". In sub-section (8), for the word "two", the word "five" in sub-section (9), for the words "to ordinary election", the word "processes" section 6. 5. In section 6 of the principal Act,- 6) in. sub-section (2), for the proviso, the following shall be substituted, namely,- "Provided that where the election of the President or Vice President could not succeed, the Government may, by notification, appoint any of the managing committee member of the distributory committee or any of the officer, to exercise the powers and perform the functions of the President or Vice President, as the case may be.". sub-section (3), shall be omitted.
Is 6. In section 8 of the Principal Act,- in sub-section (2), for the proviso, the following shall be substituted, namely,- "Provided that where the election of the Chairman or Vice Chairman could not succeed, the Government may, by notification, appoint any of the managing committee member of the project committee or any of the officer, to exercise the powers and perform the functions of the Chairman or Vice Chairman, as the case may be.". sub-section (3), shall be omitted. 7. In section 12 of the principal Act, after the words "the capacity of entering into contracts", the words "with prior approval of Commissioner, Command Area Development Authority" shall be inserted and in the proviso for the words "vested in it.", the words "entrusted to it by the Government for the Operation and maintenance." 8. In section 14 of the principal Act,- in sub-section (1), for the explanation, the following shall be subsituted, namely,- "Explanation : For the purpose of this section the expression 'village servant' means any person who holds any ofthe village offices ofneeruganti, neeradi, vetti, kawalkar, toti, talayari, tandalagar, sathsindhi or any such village office by whatever designation it may be locally known.". in sub-section (3), the words "a Chairman or Vice-Chairman or President or Vice- President or" shall be omitted and after the words "a member of" the words, "any of" shall be inserted and for the words "scrutiny of nominations for election, or on the date of nomination he" the word, "formation" (iii) in sub-section (5), for the word "election" the word "selection" shall be substituted. 9. In section 15 of the principal Act,- (i) in sub-section (2), for the words "expire at the time at which it would have expired, if he had been elected at the ordinary election" the words, "be coteriminous with the meeting of General Body" in sub-section (3), in the proviso, for the words "in by elections.", the word, "up." 10. In section 17 of the principal Act, in clause (n), for the words "conduct of elections to", the words "formation of' 11. In section 18 of the principal Act, in clause (o), for the words "conduct of elections to", the words, "formation of' 12. In section 21 of the principal Act, in sub-section (1), for the words "Irrigation and Command Area Development", the words "Water Resources" 3 section 8. section 12. section 14. section 15. section 17. section 18. section 21.
4 Es section 22. section 24. section 25. section 28. Omission of section 38. Repeal of Ordinance 1 of2017. In section 22 of the principal Act,- clause (iii), shall be omitted. in clause (vi), after the words "other source.", the words "as permitted by the Government." shall be inserted. In section 24 of the principal Act, at the end of section, the following shall be added, namely,- "and such prosecution shall not be initiated except on a complaint made by an officer not below the rank of Executive Engineer having jurisdiction over the area.". In section 25 of the principal Act, in sub-section (1) for the words "Farmers Organisation", the words "designated officer not below the rank of Deputy Executive Engineer" shall be substituted and for the words "one thousand", the words "ten thousand" In section 28 of the principal Act, in sub-section (1), in clause (b), for the word "Irrigation", the words "Water Resources" shall be substituted and clause (g) shall be omitted. Section 38 of the principal Act, shall be omitted. The Andhra Pradesh Farmers Management of Irrigation Systems (Amendment) Ordinance, 2017 is hereby repealed. DUPPALA VENICATARA1VIANA, Secretary to Government, Legal and Legislative Affairs & Justice, Law Department. Printed by the Commissioner of Printing, at A. P. Legislative Assembly Printing Press, Amaravati