THE TELANGANA PROHIBITION OF COW SLAUGHTER AND ANIMAL PRESERVATION ACT, 1977.

THE TELANGANA PROHIBITION OF COW SLAUGHTER AND ANIMAL PRESERVATION ACT, 1977.

(ACT NO. 11 OF 1977)

ARRANGEMENT OF SECTIONS

Sections

1. Short title and commencement.
2. Declaration as to giving effect to certain directive principles.
3. Definitions.
4. Appointment of competent authority.
5. Prohibition of slaughter of cow or calf of she buffaloe.
6. Prohibition against slaughter of animals without certificate from competent authority.
7. Power of revision.
8. Slaughter to be in plces specified.
9. Power to enter and inspect.
10. Penalties.
11. Offences under Act to be cognizable.
12. Abetments and attempts.
13. Persons exercising powers under the Act deemed to be public servants.
14. Protection of persons acting in good faith.
15. Exemptions.
16. Delegation of powers.
17. Establishment of institutions for taking care of cows or other animals.
18. Power to make rules.
19. Repeals.

THE TELANGANA PROHIBITION OF COW SLAUGHTER AND ANIMAL PRESERVATION ACT, 1977.

¹

ACT No. 11 OF 1977.

1.	(1)	This Act may be called the 2[Telangana Prohibition of Cow Slaughter and Animal Preservation Act, 1977.]		Short title and commencement
	(2)	It extends to the whole of the 2State of Telangana.
	(3)	It shall be deemed to have come into force on the 19th December, 1976.
2.	It is hereby declared that this Act is for giving effect to the policy of the State towards securing the principles specified in Article 48 of the Constitution of India.			Declaration as to giving effect to certain directive principles.
3.	In this Act unless the context otherwise requires,-			Definitions
	(i)	‘animal’ means bull, bullock, buffaloe, male or female, or calf, whether male or female of a she-buffaloe;
	(ii)	‘competent authority’ means a person or a body of persons appointed under section 4 to perform the functions of a competent authority under this Act;
	(iii)	‘cow’ includes a heifer, or a calf, whether male or female, of a cow;
1. The Andhra Pradesh Prohibition of Cow Slaughter and Animal Preservation Act, 1977 received the assent of the President on the 30th April, 1977. The said Act in force in the combined State, as on 02.06.2014, has been adapted to the State of Telangana, under section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws Order, 2016 issued in G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 2.Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.

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[Act No. 11 of 1977]

		(iv)	‘Government’ means the State Government;
		(v)	‘notification’ means a notification published in the 3Telangana Gazette and the word ‘notified’ shall be construed accordingly;
		(vi)	‘prescribed’ means prescribed by rules made under this Act.
Appointment of competent authority.	4.	The Government may, by notification, appoint a person or a body of persons to perform the functions of a competent authority under this Act for such local area as may be specified in such notification.
Prohibition of slaughter of cow or calf of she-buffaloe.	5.	Notwithstanding anything in any other law for the time being in force or any custom or usage to the contrary, no person shall slaughter or cause to be slaughtered, or offer or cause to be offered for slaughter or otherwise intentionally, kill or offer or cause to be offered for killing, any cow or calf, whether male or female, of a she-buffaloe.
Prohibition against slaughter of animals without certificate from competent authority.	6.	(1)	Notwithstanding anything in any other law for the time being in force or any custom or usage to the contrary, no person shall slaughter or cause to be slaughtered or offer or cause to be offered for slaughter any animal other than a calf, whether male or female, of a she-buffaloe, unless he has obtained in respect of such animal a certificate in writing from the competent authority appointed for the area that the animal is fit for slaughter.
		(2)	No certificate shall be granted under sub-section (1), if in the opinion of the competent authority the animal is or is likely to become economical for the purpose of,-
			(a)	breeding, or
3.Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.

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[Act No.11 of 1977]

		(b)	draught or any kind of agricultural operations; or
		(c)	giving milk or bearing off-spring:
		Provided that no certificate under sub-section (1) shall be refused to be granted unless the reasons for such refusal are recorded in writing.
	(3)	A certificate under this section shall be granted in such form and on payment of such fee as may be prescribed.
7.	(1)	The Government may, suo motu or shall, on an application made in this behalf by the person aggrieved, for the purpose of satisfying themselves as to the legality or td propriety of any order passed by a competent authority, granting or refusing to grant any certificate under section 6, call for and examine the record of the case and may pass such order in reference thereto as they think fit.		Power of revision.
	(2)	Subject to the provisions of sub-section (1) any order passed by the competent authority granting or refusing to grant a certificate under section 6, and any order passed by the Government under sub-section (1) shall be final and shall not be called in question in any court.
8.		No animal in respect of which a certificate has been granted under section 6, shall be slaughtered in any place other than a place specified by such authority or officer as the Government may appoint in this behalf.		Slaughter to be in places specified.
9.	(1)	For the purposes of this Act, the competent authority or any person authorised in this behalf by the competent authority (hereinafter referred to as the authorised person), shall have power to enter and inspect any premises where the competent authority or the		Power to enter and inspect.

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[Act No. 11 of 1977]

			authorised person has reason to believe that an offence under this Act has been or is likely to be committed.
		(2)	Every person in occupation of any such premises shall allow the competent authority or the authorised person such access to the premises as may be necessary for the aforesaid purpose and shall answer to the best of his knowledge and belief any question put to him by the competent authority or by the authorised person.
Penalties.	10.	Whoever contravenes any of the provisions of this Act, shall on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, or with both.
Offences under Act to be cognizable. Central Act 2 of 1974.	11.	Notwithstanding anything in the Code of Criminal Procedure, 1973, all offences under this Act shall be cognizable.
Abetments and attempts.	12.	Whoever abets any offence punishable under this Act or attempts to commit any such offence, shall be punished with the punishment provided in this Act for such offence.
Persons exercising powers under the Act deemed to be public servants. Central Act 45 of 1860.	13.	All persons exercising powers under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
Protection of persons acting in good faith.	14.	No suit, prosecution or other legal proceeding shall be instituted against the competent authority or any person exercising powers under this Act, for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.

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[Act No.11 of 1977]

15.	Subject to such conditions as may be prescribed in this behalf, the provisions of this Act shall not apply to,-				Exemptions
	(a)	any animal operated upon for vaccine, lymph, serum or any experimental or research purpose at an institution established, conducted or recognised by the Government; or
	(b)	any cow or animal
		(i)	slaughter of which is certified by a Veterinary Officer authorised by the Government, to be necessary in the interests of the public health;
		(ii)	which is suffering from any disease which is certified by a Veterinary Officer authorised by the Government as being contagious and dangerous to other animals.
16.	The Government may, by notification, delegate –				Delegation of powers.
		(i)	to any local authority, their powers under section 4, within the local area subject to the jurisdiction of such local authority;
		(ii)	to any officer of the Government, their powers under sub-section (1) of section 7.
17.	(1)	The Government may establish, or direct any local authority or society registered under the law relating to the registration of societies for the time being in force in the State, or any association or body of persons, to establish institutions at such places as may be deemed necessary for taking care of cows or other animals sent thereto.			Establishment of institutions for taking care of cows or other animals.
	(2)	The Government may provide by rules for the proper management of such institutions for the care of cows

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[Act No. 11 of 1977]

				or other animals therein and also for the class or variety of cows or other animals that may be admitted therein.
		(3)	The Government, or subject to the previous sanction of the Government, the local authority, society or body of persons or association establishing an institution under sub-section (1), may levy such fees as may be prescribed for the maintenance of such institutions.
Power to make rules.	18.	(1)	The Government may, by notification, after previous publication, make rules for carrying out the purposes of this Act.
		(2)	In particular, and without prejudice to the generality of the foregoing power, such rules may provide for-
			(a)	the powers and duties of competent authority in addition to those provided in this Act;
			(b)	the form of the certificate under section 6;
			(c)	the amount of fee to be paid under section 6;
			(d)	the conditions subject to which this Act shall not apply to any animal under section 15;
			(e)	the management of institutions established under section 17 and the fee to be levied for their maintenance; and
			(f)	any other matter which is to be or may be prescribed.
		(3)	very rule made under this section shall immediately after it is made, be laid before each House of the State Legislature if it is in session and if it is not in the session in the session immediately following, for a total

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[Act No.11 of 1977]

			period of fourteen days which may be comprised in one session, or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the ruIe or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified, have effect only in such modified form or shall, stand annulled, 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.
19.	The Andhra Pradesh (Telangana Area) (Slaughter of Animals) Act, 1950, and the Andhra Pradesh Prohibition of Cow Slaughter and Animal Preservation Ordinance, 1976, are hereby repealed.			Repeals. Act VII of 1950. Ordinance 23 of 1976.

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Prevention of Cruelty to Animals (Slaughter House) Rules, 2001

PREVENTION OF CRUELTY TO ANIMALS (SLAUGHTER HOUSE) RULES, 2001

NOTIFICATION
New Delhi, the 26th March, 2001

S.O.270(E) - Whereas the draft Prevention of Cruelty to Animals (Slaughter House) Rules, 2000 were published, as required by sub-section (1) of section 38 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960), under the notification of the Government of India in the Ministry of Social Justice and Empowerment number S.O. 1165 (E) dated the 26th December, 2000 in the Gazette of India, Extraordinary, Part II, Section 3, Sub Section (ii) dated the 27th December, 2000 inviting objections and suggestions from all persons likely to be affected thereby, before the expiry of the period of sixty days from the date on which copies of the Gazette containing the said notification are made available to the public.

And, whereas copies of the said Gazette were made available to the public on the 1st January 2001.

And, whereas no objection or suggestion has been received from the public in respect of the said draft rules by the Central Government.

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (2) of section 38 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960), the Central Government hereby makes the following rules, namely :

1. Short title and commencement:
   1. These rules may be called the Prevention of Cruelty to Animals (Slaughter House) Rules, 2001
   2. They shall come into force on the date of their publication in the Official Gazette
2. Definitions - In these rules unless the context otherwise requires :-
   1. Act means the Prevention of Cruelty to Animals Act, 1960 (59 of 1960);
   2. Slaughter means the killing or destruction of any animal for the purpose of food and includes all the processes and operations performed on all such animals in order to prepare it for being slaughtered.
   3. Slaughter house means a slaughter house wherein 10 or more than 10 animals are slaughtered per day and is duly licensed or recognised under a Central, State or Provincial Act or any rules or regulations made thereunder.
   4. veterinary doctor means a person registered with the Veterinary Council of India established under the Indian Veterinary Council Act, 1984 (52 of 1984).
3. Animals not to be slaughtered except in recognised or licensed houses -
   1. No person shall slaughter any animal within a municipal area except in a slaughter house recognised or licensed by the concerned authority empowered under the law for the time being in force to do so.
   2. No animal which -
      1. is pregnant, or
      2. has an offspring less than three months old, or
      3. is under the age of three months or
      4. has not been certified by a veterinary doctor that it is in a fit condition to be slaughtered.
   3. The municipal or other local authority specified by the Central Government for this purpose shall, having regard to the capacity of the slaughter house and the requirement of the local population of the area in which a slaughter house is situated, determine the maximum number of animals that may be slaughtered in a day.
4. Reception area or resting grounds -
   1. The slaughter house shall have a reception area of adequate size sufficient for livestock subject to veterinary inspection.
   2. The veterinary doctor shall examine thoroughly not more than 12 animals in an hour and not more than 96 animals in a day.
   3. The veterinary doctor after examining the animal shall issue a fitness certificate in the form specified by the Central Government for this purpose.
   4. The reception area of slaughter house shall have proper ramps for direct unloading of animals from vehicles or railway wagons and the said reception area shall have adequate facility sufficient for feeding and watering of animals.
   5. Separate isolation pens shall be provided in slaughter house with watering and feeding arrangements for animals suspected to be suffering from contagious and infectious diseases, and fractious animals, in order to segregate them from the remaining animals.
   6. Adequate holding area shall be provided in slaughter house according to the class of animals to be slaughtered and the said holding area shall have water and feeding facilities.
   7. The resting grounds in slaughter house shall have overhead protective shelters.
   8. Ante-mortem and pen area in slaughter house shall be paved with impervious material such as concrete non-slippery herring-bone type suitable to stand wear and tear by hooves, or brick, and pitched to suitable drainage facilities and the curbs of said impervious material 150 to 300 mm high shall be provided around the borders of livestock pen area, except at the entrances and such pen shall preferably be covered.
5. Lairages -
   1. Every animal after it has been subjected to veterinary inspection shall be passed on to a lairage for resting for 24 hours before slaughter.
   2. The lairage of the slaughter house shall be adequate in size sufficient for the number of animals to be laired;
   3. The space provided in the pens of such lairage shall be not less than 2.8 sq.mt. per large animal and 1.6 sq.mt. per small animal.
   4. The animals shall be kept in such lairage separately depending upon their type and class and such lairage shall be so constructed as to protect the animals from heat, cold and rain
   5. The lairage shall have adequate facilities for watering and post-mortem inspection.
6. Slaughter -
   1. No animal shall be slaughtered in a slaughter house in sight of other animals
   2. No animal shall be administered any chemical, drug or hormone before slaughter except drug for its treatment for any specific disease or ailment.
   3. The slaughter halls in a slaughter house shall provide separate sections of adequate dimensions sufficient for slaughter of individual animals to ensure that the animal to be slaughtered is not within the sight of other animals.
   4. Every slaughter house as soon as possible shall provide a separate space for stunning of animals prior to slaughter, bleeding and dressing of the carcasses
   5. Knocking section in slaughter house may be so planned as to suit the animal and particularly the ritual slaughter; if any and such knocking section and dry landing area associated with it shall be so built that escape from this section can be easily carried out by an operator without allowing the animal to pass the escape barrier.
   6. A curbed-in bleeding area of adequate size as specified by the Central Government shall be provided in a slaughter house and it shall be so located that the blood could not be splashed on other animals being slaughtered or on the carcass being skinned.
   7. The blood drain and collection in a slaughter house shall be immediate and proper xxx
   8. A floor wash point shall be provided in a slaughter house for intermittent cleaning and a handwash basin and knife sterilizer shall also be provided for the sticker to sterilize knife and wash his hands periodically.
   9. Dressing of carcasses in a slaughter house shall not be done on floor and adequate means and tools for dehiding or belting of the animals shall be provided in a slaughter house with means for immediate disposal of hides or skins;
   10. Hides or skins shall be immediately transported from a slaughter house either in a closed wheelbarrow or by a chute provided with self-closing door and in no case such hides or skins shall be spread on slaughter floor for inspection
   11. Floor wash point and adequate number of hand wash basins with sterlizer shall be provided in a dressing area of a slaughter house with means for immediate disposal of legs, horns, hooves and other parts of animals through spring load floor chutes or sidewall doors or closed wheelbarrows and in case wheelbarrows or trucks are used in a slaughter house, care shall be taken that no point wheelbarrow or truck has to ply under the dressing rails and a clear passage is provided for movement of the trucks.
   12. Adequate space and suitable and properly located facilities shall be provided sufficient for inspection of the viscera of the various types of animals slaughtered in a slaughter house and it shall have adequate facilities for hand washing, tool sterilisation and floor washing and contrivances for immediate separation and disposal of condemned material.
   13. Adequate arrangements shall be made in a slaughter house by its owner for identification, inspection and correlation of carcass, viscera and head.
   14. In a slaughter house, a curbed and separately drained area or an area of sufficient size, sloped 33 mm per metre to a floor drain, where the carcasses may be washed with a jet of water, shall be provided by the owner of such slaughter house.
7. Slaughter house building -The different construction of a slaughter house shall be built and maintained by its owner in the manner as specified below, namely :
   1. Plant Building -
      1. Materials used shall be impervious, easily cleansable, and resistant to wear and corrosion.
      2. Materials such as wood, plaster board, and porous acoustic-type boards, which are absorbent and difficult to keep clean shall not be used.
   2. Floors - The floors shall be non-absorbent and non-slippery with rough finish and shall have suitable gradient for drainage.
   3. Coves - Coves with radii sufficient to promote sanitation shall be installed at the juncture of floors and walls in all rooms and which shall not be less than 100 mm.
   4. Interior Walls -
      1. Interior walls shall be smooth and flat and constructed of impervious materials such as glazed brick, glazed tile, smooth surface Portland cement plaster, or other non-toxic, nonabsorbent material applied to a suitable base.
      2. Walls shall be provided with suitable sanitary type bumpers to prevent damage by hand trucks, carcass shunks, and the like.
      3. The interior walls shall have washable surface up to the height of 2 meters from the floor so that the splashes may be washed and disinfected.
   5. Ceilings -
      1. Ceilings shall be of the height of 5 mtrs or more in workrooms and so far as structural conditions permit, ceilings shall be smooth and flat.
      2. Ceilings shall be constructed of Portland cement plaster, large size cement asbestos boards with joints sealed with a flexible sealing compound, or other acceptable impervious material and finished so as to minimise condensation, mould development, flaking and accumulation of dirt.
      3. The walls above glazed type portion and ceiling shall be painted with water-resistant paint to maintain them clean.
   6. Window Ledges - Window ledges shall be sloped at 45 degrees to promote sanitation and to avoid damage to glass in windows from impact of hand trucks and similar equipment, the windowsills shall be 1200 mm above the floor level with proper ventilation through mechanical venting or through working vents shall be provided in the roof structure.
   7. Doorways and Doors -
      1. Doorways through which product is transferred on rails or in hand trucks shall be at least 1500 mm high and shall be atleast 1 500 mm wide.
      2. Doors shall either be of rust-resistant metal construction throughout, or if made with rust-resistant metal having tight softwood, they shall be clad on both sides with soldered or welded seams.
      3. Doorjambs shall be clad with rust-resistant metal securely affixed so as to provide no crevices for dirt or vermin and the juncture at which the door joins the walls shall be effectively sealed with a flexible sealing compound.
   8. Screens and Insect control - All windows, doorways and other openings that may admit flies shall be equipped with effective insect and rodent screens and Fly chaser fans and ducts or air curtains shall be provided over doorways in outside wall of food handing areas that are used for dispatch or receiving.
   9. Rodent-Proofing-Except in the case of solid masonry, walls constructed of glazed tile, glazed brick, and the like, expanded metal or wire mesh not exceeding 12.5 mm mesh, shall be embedded in walls and floor at their junction and such mesh shall extend vertically and horizontally to a sufficient distance to exclude the entrance of rats and other rodents.
   10. Vehicular areas for Trucks -
       1. Concrete paved areas, properly drained and extending at least 6 metres from building, loading docks or livestock platforms shall be provided at places where vehicles are loaded or unloaded.
       2. Pressure washing jets and disinfection facilities for trucks carrying animals shall also be provided at such places.
   11. Drainage -
       1. All parts of floors where wet operations are conducted shall be well drained and as far as possible, one drainage inlet shall be provided for each 37 metre square of floor space
       2. A slope of about 20 mm per metre to drainage inlets shall be provided for usual conditions and it shall be ensured that the floor slopes uniformly to drains with no low spots, which collect liquid.
       3. Floor drains shall not be provided in freezer rooms or dry storage areas and when floor drains are installed in rooms where the water seal in traps is likely to evaporate without replenishment, they shall be provided with suitable removable metal screw plugs.
   12. Traps and vents on drainage lines -
       1. Each floor drain, including blood drains, shall be equipped with a deep seal trap (P-, U-, or S-shape) (ii) Drainage lines shall be properly vented to the outside air and be equipped with effective rodent screens.
   13. Sanitary drainage lines - Drainage line from toilet pans and urinals shall not be connected with other drainage lines within the plant and shall not discharge into a grease catch basin and such lines shall be installed so that if leakage develops, it shall not affect the product or the equipment.
   14. Lighting and ventilation -
       1. Unrefrigerated work rooms shall be provided with adequate direct natural light and ventilation or ample artificial light and ventilation by mechanical means.
       2. Uncoloured glass having a high transmissibility of light shall be used in skylights and windows
       3. The glass area shall be approximately one-fourth of the floor area of a workroom and such ratio shall be increased where there are obstructions, such as adjacent buildings, overhead catwalks, and hoists, which interfere with the admittance of direct natural light.
       4. Distributed artificial lighting of much quality and at such distances as may be specified by the Central Government shall be provided at all places where adequate natural light is not available or is insufficient.
   15. Every abattoir shall be provided with distributed artificial light of an overall intensity of not less than 200 lux at the distances as may be specified by the Central Government throughout the slaughter hall and workrooms and at places where meat inspection is carried out, the overall intensity of artificial light shall be not less than 500 lux.
   16. every abattoir shall be provided with suitable and sufficient means of ventilation to the outside air and the construction of the slaughter hall shall be so arranged that the dressed carcasses are not exposed to direct sunlight;
   17. a sufficient, safe, potable and constant supply of fresh water shall be available at adequate pressure through the premises.
   18. the pressure for the general purpose of floor washing may preferably be 200 to 330 kPa for through floor cleaning
   19. for thorough and efficient washing of carcasses, a higher pressure between 1000 kPa to 1700 kPa shall be maintained.
   20. floor washing point shall be provided preferably for minimum 37 meter square on slaughter floor and working departments.
   21. a constant supply of clean hot water shall be available in the slaughter hall and workrooms during working hours and the hotwater required for frequent sterilising of equipment shall not be less than 82 degree celsius.
   22. where necessary for sanitary maintenance, equipment shall be constructed and installed so as to be completely self-draining.
   23. the following materials shall not be used in an abattoir, namely-
       1. copper and its alloys in equipment used for edible products.
       2. cadmium in any form in equipment handling edible products
       3. equipment with painted surface in product zone
       4. enamel containers or equipment is not desirable and
       5. lead.
   24. all permanently mounted equipment shall either be installed sufficiently away from walls (minimum 300 mm) to provide access for cleaning and inspection.
   25. all permanently mounted equipment shall either be installed sufficiently above the floor (minimum 300 mm) to provide access for cleaning and inspection or be completely sealed (watertight) to the floor area.
8. Engagement in slaughter house -
   1. No owner or occupier of a slaughter house shall engage a person for slaughtering animals unless he possesses a valid license or authorisation issued by the municipal or other local authority.
   2. No person who has not attained the age of 18 years shall be employed in any manner in a slaughter house.
   3. No person who is suffering from any communicable or infectious disease shall be permitted to slaughter an animal.
9. Inspection of slaughter house -
   1. The Animal Welfare Board of India or any person or Animal Welfare Organisation authorised by it may inspect any slaughter house without notice to its owner or the person incharge of it at any time during the working hours to ensure that the provisions of these rules are being complied with.
   2. The person or the Animal Welfare Organisation authorised under sub rule (1) shall after inspection send its report to Animal Welfare Board of India as well as to the municipal or local authority for appropriate action including initiation of legal proceedings if any, in the event of violation of any provisions of these rules.
   
   
   
   (F.No.19/1/2000-AWD)
   DHARMENDRA DEO, Jt. Secy.
   
   
   
   The greatness of a nation and its moral progress can be judged by the way its animals are treated.

   - Mahatma Gandhi

   
   Real kindness comes from a sense of friendship with animals.

   - Pandit Jawaharlal Nehru

Maintenance and Welfare of Parents and Senior Citizens Act, 2007

Maintenance and Welfare of Parents and Senior Citizens Act, 2007

Registered No. DL - (N) 04/0007/2003-07
II - 1
PART II - Section I
PUBLISHED BY AUTHORITY
[ 75] नई 31, 2007/ 10, 1929
No. 67 | NEW DELHI, MONDAY. DECEM BER 31. 2007 /PAUSA 10. 1929
Separate paging is given to this Part in order that it may be filed as a separate compilation
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 31st December, 2007/Pausa 10, 1929 (Saka)

The following Act of Parliament received the assent of the President on the 29th December, 2007 and is hereby published for general information:

THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007
No. 56 OF 2007
[29th December, 2007]

An Act to provide for more effective provisions for the maintenance and welfare of parents and senior citizens guaranteed and recognised under the Constitution and for matters connected therewith or incidental thereto.

Be it enacted by Parliament in the Fifty-eight Year of the Republic of India as follows:

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CHAPTER I: Preliminary

1. Short title, extent and commencement

1. This Act may be called the Maintenance and Welfare of Parents and Senior Citizens Act, 2007
2. It extends to the whole of India except the State of Jammu and Kashmir and it applies also to citizens of India outside India
3. It shall come into force in a State on such date as the State Government may, by notification in the Official Gazelle, appoint.

2. Definitions:In this Act, unless the context otherwise requires -

1. "children" includes son, daughter, grandson and grand-daughter but does not include a minor
2. "maintenance" includes provision for food, clothing, residence and medical attendance and treatment
3. "minor" means a person who, under the provisions of the Majority Act, 1875 is deemed not to have attained the age of majority
4. "parent" means father or mother whether biological, adoptive or step father or step mother, as the case may be, whether or not the father or the mother is a senior citizen
5. "prescribed" means prescribed by rules made by the Stale Government under this Act
6. "property" means property of any kind, whether movable or immovable, ancestral or self acquired, tangible or intangible and includes rights or interests in such property
7. "relative" means any legal heir of the childless senior citizen who is not a minor and is in possession of or would inherit his property after his death
8. "senior citizen" means any person being a citizen of India, who has attained the age of sixty years or above
9. "State Government";, in relation to a Union territory, means the administrator thereof appointed under article 239 of ihc Constitution
10. "Tribunal" means the Maintenance Tribunal constituted under section 7
11. "welfare" means provision for food, health care, recreation centres and other amenities necessary for the senior citizens

3. Act to have overiding effect: The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act, or in any instrument having effect by virtue of any enactment other than this Act.

CHAPTER II: MAINTENANCE OF PARENTS AND SENIOR CITIZENS

4. Maintenance of Parents and Senior Citizens

1. A senior citizen including parent who is unable to maintain himself from his own earning or property owned by him, shall be entitled to make an application under section 5 in case of -
   1. parent or grand-parent, against one or more of his children not being a minor
   2. a childless senior citizen, against such of his relative referred to in clause (g) of 2
2. The obligation of the children or relative, as the case may be, to maintain a senior citizen extends to the needs of such citizen so that senior citizen may lead a normal life.
3. The obligation of the children to maintain his or her parent extends to the needs of such parent either father or mother or both, as the case may be, so that such parent may lead a normal life.
4. Any person being a relative of a senior citizen and having sufficient means shall maintain such senior citizen provided he is in possession of the property of such senior citizen or he would inherit the property of such senior citizen:

Provided that where more than one relatives are entitled to inherit the property of a senior citizen, the maintenance shall be payable by such relative in the proportion in which they would inherit his property.

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5. Application for maintenance

1. An application for maintenance under section 4, may be made -
   1. by a senior citizen or a parent, as the case may be; or
   2. if he is incapable, by any other person or organisation authorised by him; or
   3. the Tribunal may take cognizance sua motu
   Explanation:For the purposes of this section "organisation" means any voluntary association registered under the Societies Registration Act, 1860, or any other law for the time being in force.
2. The Tribunal may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this section, order such children or relative to make a monthly allowance for the interim maintenance of such senior citizen including parent and to pay the same to such senior citizen including parent as the Tribunal may from time to time direct.
3. On receipt of an application for maintenance under sub-section(I), after giving notice of the application to the children or relative and after giving the parties an opportunity of being heard, hold an inquiry for determining the amount of maintenance
4. An application filed under sub-section (2) for the monthly allowance for the maintenance and expenses for proceeding shall be disposed of within ninety days from the date of the service of notice of the application to such person:

   Provided that the Tribunal may extend the said period, once for a maximum period of thirty days in exceptional circumstances for reasons to be recorded in writing.

5. An application for maintenance under sub-section (I) may be filed against one or more persons:

Provided that such children or relative may implead the other person liable to maintain parent in the application for maintenance.

6. Where a maintenance order was made against more than one person, the death of one of them does not affect the liability of others to continue paying maintenance.
7. Any such allowance for the maintenance and expenses for proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or expenses of proceeding, as the case may be.
8. If, children or relative so ordered fail, without sufficient cause to comply with the order, any such Tribunal may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person for the whole, or any part of each month's allowance for the maintenance and expenses of proceeding, as the case may be, remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made whichever is earlier:

Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Tribunal to levy such amount within a period of three months from the date on which it became due.

Contd. Page. 4.

:: 4 ::

6. Jurisdiction and Procedure

1. The proceedings under section 5 may be taken against any children or relative in any district -
   1. where he resides or last resided, or
   2. where children or relative resides.
2. On receipt of the application under section 5, the Tribunal shall issue a process for procuring the presence of children or relative against whom the application is filed.
3. For securing the attendance of children or relative the Tribunal shall have the power of a Judicial Magistrate of first class as provided under the Code of Criminal Procedure, 1973.
4. All evidence to such proceedings shall be taken in the presence of the children or relative against whom an order for payment of maintenance is proposed to be made, and shall be recorded in the manner prescribed for summons cases:

Provided that if the Tribunal is satisfied that the children or relative against whom an order for payment of maintenance is proposed to be made is wilfully avoiding service, or wilfully neglecting to attend the Tribunal, the Tribunal may proceed to hear and determine the case ex parte

5. Where the children or relative is residing out of India, the summons shall be served by the Tribunal through such authority, as the Central Government may by notification in the official Gazette, specify in this behalf.
6. The Tribunal before hearing an application under section 5 may,. refer the same to a Conciliation Officer and such Conciliation Officer shall submit his findings within one month and if amicable settlement has been arrived at, the Tribunal shall pass an order to that effect.

Explanation - For the purposes of this sub-section "Conciliation Officer" means any person or representative of an organisation referred to in Explanation to sub-section(1) of section 5 or the Maintenance Officers designated by the State Government under subsection (1) of section 18 or any other person nominated by the Tribunal for this purpose.

7. Constitution of Maintenance Tribunal

1. The State Government shall within a period of six months from the date of the commencement of this Act, by notification in the Official Gazette, constitute for each Sub-division one or more Tribunals as may be specified in the notification for the purpose of adjudicating and deciding upon the order for maintenance under section 5.
2. The Tribunal shall be presided over by an officer noi below the rank of Sub-Divisional Officer of a State.
3. Where two or more Tribunals are constituted for any area, the State Government may, by general or special order, regulate the distribution of business among them.

8. Summary procedure in case of inquiry

1. In holding any inquiry under section 5, the Tribunal may, subject to any rules that may be prescribed by the State Government in this behalf, follow such summary procedure as it deems fit.
2. The Tribunal shall have all the powers of a Civil Court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and of compelling the discovery and production of documents and material objects and for such other purposes as may be prescribed; and the Tribunal shall be deemed to be a Civil Court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973
3. Subject to any rule that may be made in this behalf, the Tribunal may, for the, purpose of adjudicating and deciding upon any claim for maintenance, choose one or more persons possessing special knowledge of any matter relevant to the inquiry to assist it in holding the inquiry.

Contd. Page. 5.

:: 5 ::

9. Order for maintenance

1. If children or relatives, as the case may be, neglect or refuse to maintain a senior citizen being unable to maintain himself, the Tribunal may, on being satisfied of such neglect or refusal, order such children or relatives to make a monthly allowance at such monthly rate for the maintenance of such senior citizen, as the Tribunal may deem fit and to pay the same to such senior citizen as the Tribunal may, from time to time, direct.
2. The maximum maintenance allowance which may be ordered by such Tribunal shall be such as may be prescribed by the State Government which shall not exceed ten thousand rupees per month.

10. Alteration in allowance:

1. On proof of misrepresentation or mistake of fact or a change in the circumstances of any person, receiving a monthly allowance under section 9, for the maintenanceordered under that section to pay a monthly allowance for the maintenance, the Tribunal may-make such alteration, as it thinks fit, in the allowance for the maintenance.
2. Where it appears to the Tribunal that, in consequence of any decision of a competent Civil Court, any order made under section 9 should be cancelled or varied, it shall cancel the order or, as the case may be, vary the same accordingly.

11. Enforcement of order of maintenance

1. A copy of the order of maintenance and including the order regarding expenses of proceedings, as the case may be, shall be given without payment of any fee to the senior citizen or to parent, as the case may be, in whose favour it is made and such order may be enforced by any Tribunal in any place where the person against whom it is made, such Tribunal on being satisfied as to the identity of the parties and the non-payment of the allowance, or as the case may be, expenses, due.
2. A maintenance order made under this Act shall have the same force and effect as an order passed under Chapter I Xofthc Code of Criminal Procedure, 1973 and shall beexecuted in the manner prescribed for the execution of such order by that Code.

12. Option regarding maintenance in certain cases Notwithstanding anything contained in Chapter IX of the Code of Criminal Procedure, 1973, where a senior citizen or a parent is entitled for maintenance under the said Chapter and also entitled for maintenance under this Act may, without prejudice to the provisions of Chapter IX of the said Code, claim such maintenance under either of those Acts but not under both.

13. Deposit of maintenance amountWhen an order is made under this Chapter, the children or relative who is required to pay any amount in terms of such order shall, within thirty days of the date of announcing the order by the Tribunal, deposit the entire amount ordered in such manner as the Tribunal may direct.

14. Award of interest where any claim is allowed: Where any Tribunal makes an order for maintenance made under this Act, such Tribunal may direct that in addition to the amount of maintenance, simple interest shall also be paid at such rate and from such date not earlier than the date of making the application as may be determined by the Tribunal which shall not be less than five per cent, and not more than eighteen per cent:

Provided that where any application for maintenance under Chapter IX of the Code of Criminal Procedure, 1973 is pending before a Court at the commencement of this Act, then the Court shall allow the withdrawal of such application on the request of the parent and such parent shall be entitled to file an application for maintenance before the Tribunal.

Contd. Page. 6.

:: 6 ::

15. Constitution of Appellate Tribunal

1. The State Government may, by notification in the Official Gazette, constitute one Appellate Tribunal for each district to hear the appeal against the order of the Tribunal.
2. The Appellate Tribunal shall be presided over by an officer not below the rank of District Magistrate.

16. Appeals:

1. Any senior citizen or a parent, as the case may be, aggrieved by an order of a Any senior citizen or a parent, as the case may be, aggrieved by an order of a Tribunal may, within sixty days from the date of the order, prefer an appeal to the Appellate Tribunal:

Provided that on appeal, the children or relative who is required to pay any amount in terms of such maintenance order shall continue to pay to such parent the amount so ordered, in the murmcr directed by the Appellate Tribunal:

Provided further that the Appellate Tribunal may, entertain the appeal alter the expiry of the said period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.

2. On receipt of an appeal, the Appellate Tribunal shall, cause a notice to be served upon the respondent.
3. The Appellate Tribunal may call for the record of proceedings from the Tribunal against whose order the appeal is preferred.
4. The Appellate Tribunal may, after examining the appeal and the records called for either allow or reject the appeal.
5. The Appellate Tribunal shall, adjudicate and decide upon the appeal Hied against the order of the Tribunal and the order of the Appellate Tribunal shall be final:

Provided that no appeal shall be rejected unless an opportunity has been given to both the panics of being heard in person or through a duly authorised representative.

1. The Appellate Tribunal shall make an endeavour to pronounce its ordenr in writing within one month of the receipt of an appeal.
2. A copy of every order made under sub-section (3) shall be sent to both the panics free of cost.

17. Right to legal representationNotwithstanding anything contained in any law, no party to a proceeding before a Tribunal or Appellate Tribunal shall be represented by a legal practitioner.

18. Maintenance Officer

1. The State Government shall designate the District Social Welfare Officer or an officer not below the rank of a District Social Welfare Officer, by whatever name called as Maintenance Officer.
2. The Maintenance Officer referred to in sub-section (1), shall represent a parent if he so desires, during the proceedings of the Tribunal, or the Appellate Tribunal, as the case may be.

CHAPTER III: ESTABLISHMENT OF OLDAGE HOMES

19. Establishment of oldage homes

1. The State Government may establish and maintain such number of oldage homes at accessible places, as it may deem necessary, in a phased manner, beginning with at least one in each district to accommodate in such homes a minimum of one hundred fifty senior citizens who are indigent.
2. The State Government may, prescribe a scheme for management of oldage homes, including the standards and various types of services to be provided by them which are necessary for medical care and means of entertainment to the inhabitants of such homes.

Contd. Page. 7.

:: 7 ::

Explanation - for the purposes of this section, "indigent" means any senior citizen who is not having sufficient means, as determined by the State Government, from time to time, to maintain himself

CHAPTER IV: PROVISIONS FOR MEDICAL CARE OF SENIOR CITIZEN

20. Medical support for senior citizens The State Government shall ensure that -

1. the Government hospitals or hospitals funded fully or partially by the Government shall provide beds for all senior citizens as far as possible;
2. separate queues be arranged for senior citizens;
3. facility for treatment of chronic, terminal and degenerative diseases is expanded for senior citizens;
4. research activities for chronic elderly diseases and ageing is expanded;
5. there are earmarked facilities for geriatric patients in every district hospital duly headed by a medical officer with experience in geriatric care.

CHAPTER V: PROTECTION OF LIFE AND PROPERTY OF SENIOR CITIZEN

21. Measures for publicity, awareness, etc., for welfare of senior citizensThe State Government shall, take all measures to ensure that -

1. the provisions of this Act are given wide publicity through public media including the television, radio and the print, at regular intervals;
2. the Central Government and State Government Officers, including the police officers and the members of the judicial service, are given periodic sensitization and awareness training on the issues relating to this Act;
3. effective co-ordination between the services provided by the concerned Ministries or Departments dealing with law, home affairs, health and welfare, to address the issues relating to the welfare ofthe senior citizens and periodical review of the same is conducted.

22. Authorities who may be specified for implementing the provisions of this Act

1. The State Government may, confer such powers and impose such duties on a District Magistrate as may be necessary, to ensure that the provisions of this Act are properly carried out and the District Magistrate may specify the officer, subordinate to him, who shall exercise all or any of the powers, and perform all or any of the duties, so conferred or imposed and the local limits within which such powers or duties shall be carried out by the officer as may be prescribed.
2. The State Government shall prescribe a comprehensive action plan for providing protection of life and property of senior citizens.

Contd. Page. 8.

:: 8 ::

23. Transfer of property to be void in certain circumstances

1. Where any senior citizen who, after the commencement of this Act, has by way of gift or otherwise, his property, subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor and such transferee refuses or fails to provide such amenities and physical needs, the said transfer of property shall be deemed to have been made by fraud or coercion or under undue influence and shall at the option ofthe transferor be declared void by the Tribunal.
2. Where any senior citizen has a right to receive maintenance out of an estate and such estate or part , thereof is transferred, the right to receive maintenance may be enforced against the transferee if the transferee has notice of the right, or if the transfer is gratuitous; but not against the transferee for consideration and without notice of right.
3. If any senior citizen is incapable of enforcing the rights under sub-sections (1) and (2), action may be taken on his behalf by any of the organisation referred to in Explanation to sub-section (1) of section 5.

CHAPTER VI: OFFENCES AND PROCEDURE FOR TRIAL

24. Exposure and abandonment of senior citizen Whoever, having the care or protection of senior citizen leaves, such senior citizen in any place with the intention of wholly abandoning such senior citizen, shall be punishable with imprisonment of either description for a term which may extend to three months or fine which may extend to five thousand rupees or with both.

25. Cognizance of offences

1. Notwithstanding any thing contained in the Code of Criminal Procedure, 1973, every offence under this Act shall be cognizable and bailable.
2. An offence under this Act shall be tried summarily by a Magistrate.

CHAPTER VII: MISCELLANEOUS

26. Officers to be public servants Every officer or staff appointed to exercise functions under this Act shall be deemed to be a public servant within the meaning of section 21 ofthe Indian Penal Code.

27. Jurisdiction of civil courts barred No Civil Court shall have jurisdiction in respect of any matter to which any provision of this Act applies and no injunction shall be granted by any Civil Court in respect of anything which is done or intended to be done by or under this Act.

28. Protection of action taken in good faith No suit, prosecution or other legal proceeding shall lie against the Central Government, the State Governments or the local authority or any officer of the Government in respect of anything which is done in good faith or intended to be done in pursuance of this Act and any rules or orders made thereunder.

29. Power to remove difficulties If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:

Provided thai no such order shall be made after the expiry of a period of two years from the dale of the commencement of this Act.

Contd. Page. 9.

:: 9 ::

30. Power of Central Government to give directionsThe Central Government may give directions to State Governments as to the carrying into execution of the provisions of this Act.

31. Power of Central Government to reviewThe Central Government may make periodic review and monitor the progress of the implementation of the provisions of this Act by the State Governments.

32. Power of State Government to make rules

1. The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
2. Without prejudice to the generality of the foregoing power, such rules may provide for -
   1. the manner of holding inquiry under section 5 subject to such rules as may be prescribed under sub-section (1) of section 8;
   2. the power and procedure of the Tribunal for other purposes under subsection (2) of section 8.
   3. the maximum maintenance allowance which may be ordered by the Tribunal under subsection (2) of section 9;
   4. the scheme for management of oldage homes, including the standards and various types of scrviccsto be provided by them which arc necessary for medical care and means of entertainment to the inhabitants of such homes under sub-section {2) of section 19;
   5. the powers and duties of the authorities for implementing the provisions of this Act. under sub-section (1) of section 22;
   6. a comprehensive action plan for providing protection of life and property of senior citizens under sub-section (2) of section 22;
   7. any other matter which is to be, or may be, prescribed
3. Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of State Legislature, where it consists of two Houses or where such legislature consists of one House, before that House.

K.N.CHATURVEDI,

Secy. to the Govt. of India

Pages: 1 2 3 4 5 6 7 8 9

THE ANDHRA PRADESH FARMERS MANAGEMENT OF IRRIGATION SYSTEMS ACT

THE ANDHRA PRADESH FARMERS MANAGEMENT OF IRRIGATION SYSTEMS ACT

(Act 11 of 1997)

Page 1

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 Andhra Pradesh is essentially an agricultural State depending on an efficient and equitable supply and distribution of water, which is a National wealth, ensuring optimum utilisation by farmers for improvement of agricultural production is the immediate need;

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 Andhra Pradesh in the Forty-eighth year of the Republic of India as follows:-

Contd.Page.2

Page 2

CHAPTER-I PRELIMINARY

Short title, extent and commencement	1	(1)	This Act may be called the Andhra Pradesh Farmers Management of Irrigation Systems Act, 1997.
		(2)	It extends to the whole of the State of Andhra Pradesh.
		(3)	It shall come into force on such date as the Government may, by Notification in the Andhra Pradesh Gazette, appoint and they may appoint different dates for different areas and for different provisions.
Definitions	2	(1)	In this Act, unless the context otherwise requires:
			(a)	‘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 for the purposes of this Act;
			(b)	‘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, Mandal Parishad, Zilla Parishad, Municipality, Municipal Corporation or Roads and Buildings Department of the Government;
			1 [(bb)	‘Chief Engineer ’ means the Chief Engineer of Irrigation and Command Area Development Department who is incharge of the concerned Farmers Organisations;
			(bbb)	‘Commissioner’ means an officer appointed by the Government as Commissioner under Section 33; ]
			(c)	‘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 or the Corporation 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;
1[Inserted as per Act 7 of 2003]

Contd Page.No.3

Page 3

CHAPTER-I

			d	1[‘Competent Authority ( Agriculture ) ’ means an officer of the Agriculture Department appointed as such under Section 21;
			(dd)	‘Competent Authority ( Engineering )’ means an officer of an Engineering Department appointed as such under section 21;]
Act 12 of 1997			(e)	‘corporation’ means the Andhra Pradesh Water Resources Development Corporation constituted under the Andhra Pradesh Water Resources Development Corporation Act 1997;
			(f)	‘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;
			(g)	‘District Collector’ means the collector of the district in which the irrigation system is situated and includes any officer specially notified by the Government to perform all or any of the functions of the District Collector under this Act;
			(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 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
1 Substituted as per Act 7 of 2003

Contd Page.No.4

Page 4

CHAPTER-I

				(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 water users, as constituted under Section 3; (ii) Distributory Committee at the secondary level, as constituted under Section 5; and (iii) Project Committee at the project level, as constituted under Section 7;
			(j)	‘field channel’ includes a channel existing or to be constructed by the Government or by the land holders or by any agency to receive and distribute water from a pipe outlet;
			(k)	‘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;
			(l)	‘ financial year’ means a year commencing from the 1st April of the relevant year to the 31st March of the ensuing year;
			(m)	‘financing agency’ means any commercial bank, or any cooperative 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 Organization;
			(n)	‘Government’ means the State Government of Andhra Pradesh;
			(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;
			(p)	‘irrigation system’ means such Major, Medium and Minor Irrigation System for harnessing water for irrigation and other allied uses from Government / or Corporation source and includes reservoirs, open head channels, diversion systems, anicuts, lift irrigation schemes, tanks, wells and the like;

Contd Page.No.5

Page 5

CHAPTER-I

Explanation

			(1)	‘Major Irrigation System’ means irrigation system under Major Irrigation Project having irrigable command area of more than 10,000 hectares. 1[Such system may have three tiered Farmers Organization, namely: (i) Water Users Association at Primary level; (ii) Distributory Committee at Secondary level; and (iii) Project Committee at Project level; ]
			(2)	‘Medium Irrigation System’ means irrigation system under Medium Irrigation Project having irrigable command area of more than 2000 hectares and upto 10,000 hectares. 2[Such system may have two tiered Farmers Organization, namely: (i) Water Users Association at Primary level; and (ii) Project Committee at Project level; ]
			(3)	‘Minor Irrigation System’ means irrigation system under Minor Irrigation Project having irrigable command area upto 2,000 hectares. 3[such system may have single tiered Farmers Organisation, namely: Water Users Association;]
Act 26 of 1971			(q)	‘land holder’ means an owner and or a tenant recorded as such in the record of rights-under the Andhra Pradesh Record of Rights in Land Act 1971 in respect of land in the notified ayacut area of an 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 proper distribution of water to the land holders in the area of operation;
1 Added as per Act 7 of 2003 2 Added as per Act 7 of 2003 3 Added as per Act 7 of 2003

Contd Page.No.3

Contd Page.No.6

Page 6

CHAPTER-I

			(s)	‘Notification’ means a Notification published in the Andhra Pradesh Gazette, and the expression ‘notified’ shall be construed accordingly;
			(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 the command area of an irrigation system;
			(u)	‘prescribed’ means prescribed by the Government by rules made under this Act;
			(uu)	[‘Superintending Engineer’ means the Superintending Engineer of Irrigation and Command Area Development Department in charge of the concerned Farmers Organizations;]
			(v)	‘warabandi’ means 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;
			(w)	‘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;
			(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 or the corporation source of irrigation;
Act 15 of 1984		(2)	The words and expressions used in this Act, but not defined, shall have the same meaning assigned to them in the Andhra Pradesh Irrigation Utilisation and Command Area Development Act., 1984.

Contd Page.No.7

Page 7

CHAPTER-II

ORGANISATION

Decleration water users Area and constitution of an Association	3	(1)	The District Collector may, by Notification and in accordance with the rules made under this Act, in this behalf, delineate every command area under each of the irrigation systems on a hydraulic basis which may be administratively viable and declare it to be a water users area for the purpose of this Act; Provided that in respect of the command area under the Minor and Lift Irrigation Systems, the entire command area may, as far as possible, form a single water users area.
		(2)	1 [Every water users area shall be divided into Territorial Constituencies which shall be six in Minor Irrigation Systems and twelve in Major and Medium Irrigation Systems.]
		(3)	There shall be a Water Users Association called by its local distinct name for every water users area delineated under sub-section (1).
		(4)	Every Water Users Association shall consist of the following members, namely: (i) all the water users who are land holders in a water user area; Provided that where both the owner and the tenant are land holders in respect of the same land, the tenant; 2 [Provided further that any person who is in lawful possession and enjoyment of the land under a water source, on proof of such possession and such enjoyment in a crop year, may claim membership not withstanding 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 water charges and the fees as may be prescribed as if he is a land holder under a water source.]
Substituted for sub section (2) as per Act 7 of 2003 Inserted by Act No.1 of 1999

Contd Page.No.8

Page 8

CHAPTER-II

			(ii) all other water users co-opted in a water users area;
			(iii) members specified in clause (i) and (ii) shall constitute the General Body for a Water Users Association;
			l (iv) a person eligible to become a member of more than one Territorial Constituency of a Water Users Association under clause (i) shall be entitled to be a member of only one Territorial Constituency and he shall exercise thereof as prescribed; and
			(v) members specified in clause (i) shall alone have the right to vote.
1[Election of President, Vice-President and Members of thr Managing Committee of Water Users Association]	4	(1)	2 [There shall be a Managing Committee for each Water Users Association comprising members of the Territorial Constituencies as specified in sub-section (2) of Section (3) elected directly by the water users as specified in clause (i) of sub-section (4) of Section 3 of the Act from their respective Territorial Constituencies.
			3 [ Provided that two members nominated by the Gram Panchayat of whom one shall be a woman, shall be the members of the Managing Committees of Minor Irrigation Water Users Associations, without voting rights, in the manner prescribed.]
		(2)	The Managing Committee for Water Users Association shall be a continuous body, with one third of its 4[elected] members thereof retiring every two years as specified in sub-section (3).
		(3)	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 six years from the date of first meeting of the Managing Committee appointed by the Commissioner;
			Provided that at the first election, all the Territorial Constituency members shall be elected at one time, out of which one third of the members thereof shall retire as soon as may be
1Substituted As per Act 7 of 2003 2Substituted for section 4 as per Act 7 of 2003 3Added as per Act 39 of 2005 4Inserted as per Act 39 of 2005

Contd Page.No.9

Page 9

CHAPTER-II

			on the completion of two years, another one third members shall retire after completion of four years and the remaining one third shall retire after completion of six years in office and their terms of retirement shall be decided by drawal of lots.
		(4)	The term of office of all the Territorial Constituency members elected subsequent to the first election against the vacancies of retirement, as specified in sub-section (3) shall be of six years, if not recalled or removed or disqualified under the provisions of the Act.
		(5)	The District Collector shall cause arrangements for the election of a Managing Committee consisting of one member from each of the Territorial Constituencies of a water users area by a simplified election procedure in the manner prescribed; Provided that for the reasons to be recorded in writing the Government may, from time to time, postpone the elections.
		(6)	The District Collector shall also cause arrangements for the election of a President and a Vice-President of the Managing Committee from among the members of the Managing Committee of the Water Users Association, in the manner prescribed; Provided that for the reasons to be recorded in writing the Government may, from time to time, postpone the elections.
		(7)	If at an election held under sub-sections (5) and (6), the President or the Vice-President or the members of the Territorial Constituencies of Water Users Association are not elected, fresh elections shall be held in the manner prescribed.
		(8)	The President and the Vice-President of the Managing Committee of Water Users Association shall, if not recalled or removed or disqualified by the provisions of the Act, be in office for a period of two years from the date of election or his tenure as member of Territorial Constituency, whichever is earlier.

Contd Page.No.10

Page 10

CHAPTER-II

		(9)	The term of office of the President, the Vice-President and the members of Managing Committee of all the Water Users Associations formed, subsequent to ordinary election, shall also expire at the time at which it would have expired, if he had been elected at the ordinary election, be reckoned from the date as appointed by the Commissioner, as specified in sub-section (3).
		(10)	The Managing Committee shall exercise the powers and perform the functions of the Water Users Association.]
Delineation of Distributory Area and Constitution of Distributory Committee	5	(1)	The Government may, by Notification and in accordance with the rules made in this behalf, delineate every command area of the irrigation system, 1[ xxx] 2[ comprising of five or more] Water Users Associations, and declare it to be a distributory area for the purpose of this Act. 3 [Provided that all Presidents of the Manadal Parishads within the distributory area nominated by the District Collector shall be the members of the Managing Committee of the Distributory Committee without voting rights, in the manner prescribed.]
		(2)	There shall be a Distributory Committee called by its local distinct name for every distributory area declared as such under sub-section (1).
		(3)	All the Presidents of the Water Users Associations in the distributory area, so long as they hold such office, shall constitute the General Body of the committee.
Election of President,4[Vice-President]and Constitution Managing Committee	6	(1)	5 [There shall be a Managing Committee for every Distributory Committee, consisting of all the members of the General Body].
		(2)	6 [The District Collector shall cause arrangements, for the election of the President and the Vice-President from among the members of the Managing Committee of the Distributory Committee, in the manner prescribed:
1Omitted as per Act 7 of 2003 2Substituted as per Act 7 of 2003 3Added as per Act 39 of 2005 4Inserted as per Act 7 of 2003 5Substituted as per Act 7 of 2003 6 Substituted as per Act 7 of 2003

Contd Page.No.11

Page 11

CHAPTER-II

			Provided that for the reasons to be recorded in writing, the Government may postpone the elections from time to time.]
		(3)	If, at an election held under sub-section (2)1[xxx]2 [the President or the Vice-President] are not elected, fresh elections shall be held in the prescribed manner.
		(4)	3 [The term of office of the President, the Vice-President and the members of the Managing Committee of Distributory Committee shall, if not recalled or removed or disqualified under the provisions of the Act earlier, be coterminous with the term of the General Body specified in sub-section (3) of Section 5.]
		(5)	The Managing Committee shall exercise the powers and perform the functions of the Distributory Committee.
Delineation of Project Area and Constitution of Project Committee	7	(1)	The Government may by Notification and in accordance with the rules made under this Act in this behalf, delineate every command area or part thereof, of an irrigation system and declare it to be a project area for the purposes of this Act.
		(2)	There shall be a Project Committee called by its distinct name for every project area declared under sub-section (1).
		(3)	4 [In Major Irrigation Systems, all the Presidents of the Distributory Committees in the Project Area, so long as they hold such office, shall constitute the General Body of the Project Committee: Provided that such Project Committee shall have a minimum strength of five members.]
1Ommitted as per Act 7 of 2003 2Substituted as per Act 7 of 2003 3Substituted sub-section 4 of Section 6 as per Act 7 of 2003 4Substituted sub-section 3 of Section 7 as per Act 7 of 2003

Contd Page.No.12

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CHAPTER-II

		(4)	In Medium Irrigation Systems, all the Presidents of the Water Users Associations in the project area, so long as they hold such office, shall constitute the General Body of the Project Committee:
			Provided that such Project Committee shall have a minimum strength of five members. ]
Election of Chairman,1[Vice-Chairman] and Constitution of Managing Committee	8	(1)	2 [There shall be a Managing Committee for every Project Committee, consisting of all the members of the general body.] 3 [Provided that all Members of the Legislative Assembly, all Members of the Parliament and Chairpersons of Zilla Parishads within the Major Project area nominated by the Government shall be the members of the Managing Committee of the Major Project Committee without voting rights, in the manner prescribed : Provided further that all Members of the Legislative Assembly, all Members of the Parliament and Presidents of Mandal Parishads within the Medium Project area nominated by the District Collector shall be the members of the Managing Committee of the Medium Project Committee without voting rights, in the manner prescribed.]
		(2)	4 [The District Collector shall cause arrangements, for the election of the Chairman and the Vice-Chairman from among the members of the Managing Committee of the Project Committee, in the manner prescribed; Provided that for the reasons to be recorded in writing, the Government, may postpone the elections from time to time.]
		(3)	If, at an election held under sub-section (2), the 5[xxx]6 [Chairman and Vice-Chairman] are not elected, fresh elections shall be held in the prescribed manner.
1Inserte as per Act 7 of 2003 2 Substituted as per Act 7 of 2003 3Added as per Act 39 of 2005 4 Substituted sub-section 2 of Section 8 as per Act 7 of 2003 5Omitted as per Act 7 of 2003 6 Substituted as per Act 7 of 2003

Contd Page.No.13

Page 13

CHAPTER-II

		(4)	1[The term of office of the Chairman, Vice-Chairman and the members of the Managing Committee of Project Committee shall if not recalled or removed or disqualified under the provisions of the Act earlier, be coterminous with the term of General Body specified in sub-section (3) and sub-section (4) of Section 7.]
		(5)	The Managing Committee shall exercise the powers and perform the functions of the Project Committee.
Apex Committee.	9	(1)	The Government may, by Notification, constitute an Apex Committee with such number of members as may be considered necessary.
		(2)	The committee, constituted under sub-section (1), may exercise such powers and functions as may be necessary to:
			(a)	lay down the policies for implementation of the provisions of this Act; and
			(b)	give such directions to any Farmers Organisation, as may be considered necessary, in exercising their powers and performing their functions in accordance with the provisions of this Act.
Procedure for recall	10	(1)	A motion for recall of 2[ xxx ] 3[ a Chairman or Vice-Chairman or President or Vice-President ] or a member of a Managing Committee, as the case may be, of a Farmers Organisation may be made by giving a written notice 4[ as may be prescribed, to the Competent Authority (Engineering) of the respective Farmers Organisation ] signed by not less than one-third of the total number of members of the 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 the person against whom the motion is sought to be moved. Substituted sub-section 4 of Section 8 as per Act 7 of 2003 Omitted as per Act 7 of 2003
1Substituted sub-section 4of Section 8 as per Act 7 of 2003 2Omitted as per Act 7 of 2003 3 Substituted as per Act 7 of 2003 4Substituted as per Act 7 of 2003

Contd Page.No.14

Page 14

CHAPTER-II

		(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 1[ xxx ] 2[ the Competent Authority (Engineering)
Constitution sub-committees in Formers Orgonization	11		The Managing Committee of Farmers Organization 3[ xxx ]4[ shall ] constitute sub-committees to carry out all or any of the functions vested in each organisation under this Act.
Farmers Organization to be a body Corporate	12		Every Farmers Organisation 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 purposes for which it is constituted and it shall sue or be sued in its corporate name represented by the Chairman or the 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.
Changes in Farmers Organization	13		5[ xxx ]6[ The Government or the District Collector ] may in the interest of a Farmers Organisation in the 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 Farmers Organisation;
			(b)	increase the area of any Farmers Organisation;
			(c)	diminish the area of any Farmers Organisation;
			(d)	alter the boundaries of any Farmers Organisation; or
1Omitted as per Act 7 of 2003 2Substituted as per Act 7 of 2003 3Omitted as per Act 7 of 2003 4Substituted as per Act 7 of 2003 5Omitted as per Act 7 of 2003 6Substituted as per Act 7 of 2003

Contd Page.No.15

Page 15

CHAPTER-II

			(e)	cancel a Notification issued under this Act for rectifying any mistake: Provided that no such separation, increase, diminution, alteration and cancellation shall be effected unless a reasonable opportunity is given to the organisation likely to be effected.
Disqualification of Candidates or Member	14	(1)	No village servant and no officer or servant of the Government of India or any State Government or of a local authority or an employee of any Institution receiving aid from the funds of the Government shall be qualified for being chosen as or for being 1[ xxx ]2[ Chairman or Vice-Chairman, or President or Vice-President ] or a member of a Managing Committee.
				Explanation
			For the purpose of this Section the expression ‘ village servant’ means in relation to :
			(i)	the Andhra Area, any person who holds any of the village offices of neeruganti, neeradi, vetti, kawalkar, toti, talayari, tandalagar, sathsindhi or any such village office by whatever designation it may be locally known;
			(ii)	the Telangana Area, any person who holds any of the village offices of neeradi, kawalkar, sathsindhi or any such village office by whatever designation it may be locally known.
		(1A)	3[No member of Legislative Assembly or Member of Parliament or office bearer of any body constituted under a law made by the Legislative Assembly of the State or of Parliament shall be qualified for being chosen as or for being a Chairman or Vice-Vice-President or member of the Managing Committee.]
		(2)	No person who has been convicted by a criminal court for any offence involving moral turpitude committed under any law for the time being in force shall be qualified for being chosen
1Omitted as per Act 7 of 2003 2Substituted as per Act 7 of 2003 3Inserted as per Act 7 of 2003

Contd Page.No.16

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CHAPTER-II

				in or for being 1[ xxx ] 2 [ a Chairman or Vice-Chairman or President or Vice-President ] or a member of a Managing Committee.
		(3)	A person shall be disqualified for being chosen as 3 [ xxx ] 4[ a Chairman or Vice-Chairman or President or Vice-President] or a member of the Managing Committee if on the date fixed for scrutiny of nominations for election, or on the date of nomination he is :
			(a)	of unsound mind and stands so declared by a competent court;
			(b)	an applicant to be adjudicated as an insolvent or an un-discharged insolvent; or
			(c)	a defaulter of land revenue or water tax or charges payable either to the Government or to the Farmers Organization;
			(d)	interested in a subsisting contract made with, or any work being done for, the Gram Panchayat, Mandal Parishad, Zilla Parishad or any State or Central Government or the Farmers Organization; 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; (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.
			1Omitted as per Act 7 of 2003 2 Substituted as per Act 7 of 2003 3Omitted as per Act 7 of 2003 4Substituted as per Act 7 of 2003

Contd Page.No.17

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CHAPTER-II

				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 Gram Panchayat, Mandal Parishad, Zilla Parishad, the Farmers Organisation, the State or Central Government has not performed its part of the contractual obligations.
		(4)	1 [ xxx ] 2[ a Chairman or Vice-Chairman or President or Vice-President ] or a member of Managing Committee shall also become disqualified to continue in office 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 [ xxx ]
			4 [(c)	A person shall be disqualified for being chosen as or for being a Chairman or Vice-Chairman or President or President or member of Managing Committee, if he is disqualified by or under any law for the time being in force for the purpose of elections to the Legislative Assembly of the State; Provided that no person shall be disqualified on the ground that he is less than twenty five years of age, if he has attained the age of eighteen years.
			(d)	A person shall be disqualified for a period of six years from the date of removal for being chosen as a Chairman or Vice-Chairman or President or Vice-President or member of the Managing Committee, if he is removed from any post in the Farmers Organization, by the Government or Commissioner or any designated officer as prescribed ]
1Omitted as per Act 7 of 2003 2Substituted as per Act 7 of 2003 3Omitted as per Act 7 of 2003 4Added as per Act 7 of 2003

Contd Page.No.18

Page. No.18

CHAPTER-II

		(4)A		1 [ A member of the Water Users Association shall cease to be a member or 2 [ xxx ] 3[ a Chairman or Vice-Chairman or President or Vice-President ] or a member of a Managing Committee 4[ xxx ] if he ceases to be a landholder. ]
		(5)	A person having more than two children shall be disqualified for election or for continuing as a 5[xxx ] 6[Chairman or Vice Chairman or President or Vice President] a member of the Managing Committee; Provided that the birth within one year from the date of commencement of this Act, hereinafter in this Section referred such commencement, of an additional child shall not be taken into consideration for the purposes of this Section; Provided further that a person having more than two children (excluding the child if any born within one year from the date of such commencement) shall not be disqualified under this Section for so long as the number of children he had on the date of such commencement does not increase.
		(6)	7[Any member who is disqualified under this Section shall also be disqualified to hold any office in all the tiers of Farmers Organisation. ]
Filling of Vacancies	15	(1)	8 [A vacancy arising in a Farmers Organization either due to disqualification under Section 14 or death or resignation or by any reason shall be filled in the manner prescribed.
		(2)	The term of office of a member or President or Vice-President or Chairman or Vice-Chairman of the Farmers Organisation, so filled up under sub-section (1), shall expire at the time at which it would have expired, if he had been elected at the ordinary election.
1Inserted by Act No.1 of 1999 2Omitted as per by Act 7 of 2003 3Substituted as per Act 7 of 2003 4Omitted as per Act 7 of 2003 5Omitted as per Act 7 of 2003 6Substituted as per Act 7 of 2003 7Added as per Act 7 of 2003 8Substituted for section 15 as per Act 7 of 2003

Contd Page.No.19

Page 19

CHAPTER-II

(3)

The Commissioner may issue Notification for filling up the casual vacancies in all the Farmers Organizations every six months, in the manner prescribed; Provided that no casual vacancy arising within the last six months period of the tenure of the post in Farmers Organizations, shall be filled in by elections. ]

Contd Page.No.20

Page 20

CHAPTER-III

OBJECTS AND FUNCTIONS
OF THE FARMERS ORGANISATIONS

Objects	16		The objects of the Farmers Organisation shall be to promote and secure distribution of water among its users, adequate maintenance of the irrigation system, efficient and economical utilisation of water 1[ to encourage modernization of agriculture, ] to optimize agricultural production, to protect the environment, and to ensure ecological balance by involving the farmers, inculcating a sense of ownership of the irrigation system in accordance with the water budget and the operational plan.
Functions Water Users Association	17		The Water Users Association shall perform the following functions, namely :
			(a)	to prepare and implement a warabandi schedule for each irrigation season, consistent with the operational plan, based upon the entitlement, area, soil and cropping pattern as approved by the Distributory Committee, or as the case may be, 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 and minor and field drains in its area of operation with the funds of the association from time to time2 [subject to such terms and conditions as may be prescribed].
			(c)	to regulate the use of water among the various pipe outlets under its area of operation according to the warabandi schedule of the system;
			(d)	to promote economy in the use of water allocated;
			(e)	to assist the Revenue Department in the preparation of demand and collection of water rates;

Contd Page.No.21

Page 21

CHAPTER-III

			(f)	to maintain a register of landholders as published by the Revenue Department;
			(g)	to prepare and maintain a register of co-opted members;
			(h)	to prepare and maintain an inventory of the irrigation system within the area of operation;
			(i)	to monitor flow of water for irrigation;
			(j)	to resolve the disputes, if any, between the members and water users in its area of operation;
			(k)	to raise resources;
			(l)	to maintain accounts;
			(m)	to cause annual audit of its accounts;
			(n)	to assist in the conduct of elections to the Managing Committee;
			(o)	to maintain other records as may be prescribed;
			(p)	to abide by the decisions of the Distributory and Project Committees;
			(q)	to conduct General Body Meetings, as may be prescribed;
			(r)	to encourage avenue plantation on canal bunds and tank bunds by leasing such bunds;1[ xxx ]
			(s)	to conduct regular water budgeting and also to conduct periodical social audit, as may be prescribed;
			(t)	2[to encourage modernization of agriculture in its area of operation; and
			(u)	to maintain the feeder channels of minor irrigation tanks by the respective Water Users Associations, in the manner prescribed. ]
1Omitted as per Act 7 of 2003 2Added as per Act 7 of 2003

Contd Page.No.22

Page 22

CHAPTER-III

Functions of Distributory Committee	18		The Distributory Committee shall perform the following functions namely :
			(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 both distributaries and medium drains within its area of operation at the end seasons and execute works with the funds of the committee from time to time 1[subject to such terms and conditions as may be prescribed].
			(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 Associations 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;
			(j)	to maintain 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;
1Added as per Act 39 of 2005

Contd Page.No.23

Page 23

CHAPTER-III

			(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; 1[ xxx ]
			(p)	to encourage avenue plantations in its area of operation; and
			(q)	2 [to encourage modernization of agriculture in its area of operation. ]
Function of Project Committe	19		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;
			(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 season and execute the maintenance works with the funds of the committee from time to time 3[subject to such terms and conditions as may be prescribed.]
			(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 Distributory and Drainage Systems in its area of operation;
			(e)	to resolve disputes if any, between the Distributory Committees;
1Omitted as per Act 7 of 2003 2Added as per Act 7 of 2003 3Adde as per Act 39 of 2005

Contd Page.No.24

Page 24

CHAPTER-III

			(f)	to promote economy in the use of water;
			(g)	to maintain accounts;
			(h)	to cause annual audit of its accounts;
			(i)	to maintain 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; 1 [ xxx ]
			(l)	to encourage avenue plantation in its area of operation; and
			(m)	2[ to encourage modernization of agriculture in its area of operation.]
Power to levy and Collect Fee	20		A Farmers Organisation may, for carrying out the purposes of this Act, achieving the objects of the Organisation and performing its functions, levy and collect such fees as may be prescribed from time to time.
3Appointment of Competent Authourities and their Functions	21	(1)	4[The Government may by Notification appoint such officer from the Irrigation and Command Area Development Department, or any other Department or Corporation including Irrigation Development Corporation, as they consider necessary, to be the Competent Authority (Engineering) with specific functions as prescribed to every Farmers Organisation for the purpose of this Act.]
		(2)	The Government may also, by Notification appoint an officer from the Agriculture Department, to be the Competent Authority (Agriculture) with the specific functions as prescribed, to every Farmers Organisation for the purpose of this Act.
		(3)	For strengthening of the Farmers Organisations, the Government may also, by Notification appoint an officer or officers from any department or departments, to be the Additional Competent Authority or Authorities for discharging specific functions, as may be prescribed. ]
1Omitted as per Act 7 of 2003 2Added as per Act 7 of 2003 3Substituted as per Act 7 of 2003 4Substituted as per Act 7 of 2003

Contd Page.No.25

Page 25

CHAPTER – IV
RESOURCES

Resources of Farmers Organization	22			The funds of the Farmers Organisation shall comprise of the following, namely:
			(i)	grants received from the Government as a share of the water tax collected in the area of operation of the Farmers Organisation;
			(ii)	such other funds as may be granted by the State and Central Government for the development of the area of operation;
			(iii)	resources raised from any financing agency for undertaking any economic development activities in its area of operation;
			(iv)	income from the properties and assets attached to the irrigation system within its area of operation;
			(v)	fees collected by the Farmers Organisation for the services rendered in better management of the irrigation system; and
			(vi)	amounts received from any other source.

Contd Page.No.26

Page 26

Offences and Penalities	23			Whoever without any lawful authority does any of the following acts, namely :
			(a)	damages, alters, enlarges, or obstructs any irrigation system;
			(b)	interferes with, increases, or diminishes the water supply in, or the flow of water from, through, over or under any irrigation system;
			(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 landholdings;
			(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;
			(e)	obstructs or removes any level marks or water gauge or any other mark or sign fixed by the authority of a public servant;
			(f)	opens, shuts, or obstructs or attempts to open, shut or obstruct any sluice or outlet or any other similar contrivance in any irrigation system;
			(g)	1[violates the warabandi or the water distribution and regulation schedule made by the Water Users Association or the Distributory Committee or the Project Committee,]
				shall on conviction, be punished with imprisonment which may extend to two years or with fine which may extend to five thousand rupees or with both.
	1Inserted by Act of 1999

Contd Page.No.27

Page 27

CHAPTER-V

Punishment under other Laws not barred	24			Nothing 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.
Composition of offeneces	25	(1)	A Farmers Organisation may accept from any person who committed or in respect of whom a reasonable belief can be inferred that he has committed an offence punishable under this Act or the rules made thereunder, a sum of money not exceeding rupees one thousand by way of composition for such offence.
		(2)	On payment of such sum of money, the said person, if in custody, shall be discharged and no further proceedings shall be taken against him in regard to the offence, so compounded.

Contd Page.No.28

Page 28

CHAPTER – VI
SETTLEMENT OF DISPUTES

Setlement of Disputes	26			1[Any dispute or difference touching the constitution, management, powers or functions of a Farmers Organization arising between members, between a member and the Managing Committee of a Water Users Association or between two or more Water Users Associations or between two or more Distributory Committees or between two or more Project Committees shall be determined and disposed of in the manner prescribed. ]
Appeals	27			2[Any party to a dispute or difference aggrieved by a decision made or order passed by the Managing Committee of Farmers Organization or by a designated officer, as the case may be, may appeal to the authority and such appeals shall be disposed of, in the manner prescribed.]
1Substituted for section 26 as per Act 7 of 2003 2Substituted for section 27 as per Act 7 of 2003

Contd Page.No.29

Page 29

CHAPTER – VII
MISCELLANEOUS

Setlement of Disputes	28	(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 map of the structures and distributory networks prepared in consultation with the Irrigation Department;
			(c)	a statement of the assets and liabilities;
			(d)	minutes book;
			(e)	books of account showing receipt and payments;
			(f)	books of account of all purchases and sales of goods by the Farmers Organisations;
			(g)	measurement books, level field books, work orders and the like;
			(h)	copies of audit reports and enquiry reports; and
			(i)	all such other accounts, records and documents as may be prescribed from time to time.
		(2)	1[The books of accounts and other records shall be open for information to the members of the Farmers Organization and also for inspection to any officer or officers authorized by the Government or Commissioner, as may be prescribed.]
1Substituted as per Act 7 of 2003

Contd Page.No.30

Page 30

CHAPTER-VII

		(3)	1[To encourage effective functioning of the Farmers Organizations, the Government may prescribe incentives and disincentives for Farmers Organisations, based on their performance.]
Audit	29		Every Farmers Organisation shall get its accounts audited in the manner prescribed.
Recovery of Dues	30		All the amounts payable or due to a Farmers Organisation shall be recovered as arrears of land revenue.
Meetings	31		The meetings of the Farmers Organisation and the Managing Committees thereof, at such intervals, the procedure, the presidency and the quorum thereof and the cessation of membership thereof shall be, as may be prescribed.
Resignation	32		2 [A member or President or Vice-President or Chairman or Vice-Chairman of the Managing Committee of a Farmers Organisation may resign his office through a letter sent by registered post or tendered in person to the authority designated and it shall be processed and disposed of in the manner prescribed. ]
Appointment of Commissioner	33	(1)	The Government may by Notification appoint a Commissioner to exercise general control and superintendence over the Competent Authorities and the District Collector 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.
1Added as per Act 7 of 2003 2 Substituted for section 32 as per Act 7 of 2003

Contd Page.No.31

Page 31

CHAPTER-VII

Transitional arrangements	34		The Government may by Notification appoint an officer or officers 1[ or the outgoing President or Chairman of the Farmers Organisations whose performance is adjudged as good, as prescribed ] 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 provision of this Act.
Authentication of orders and documents of Farmers Organisation	35		All permissions, orders, decisions, notices and other documents of the Farmers Organisation shall be authenticated by the signature of the Chairman or President of the Farmers Organisation or any other member of the Managing Committee authorised by the Managing Committee in this behalf.
Acts not to be invalidated by in-formality or Vacancy etc	36		No act or proceedings of the Managing Committee of a Farmers>Organisation shall be invalid by reason only of the existence of any vacancy in, or defect in the constitution of, the said committee.
Deposits and Administration of Funds	37	(1)	The Farmers Organisation shall keep their funds in a Nationalized Bank or a Co-operative Bank namely a Primary Agricultural Co-operative Society or the District Co-operative Central Bank or the Andhra Pradesh State Cooperative Central Bank.
		(2)	The funds 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.
Sinking Funds	38	(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.
1Inserted as per Act 7 of 2003

Contd Page.No.32

Page 32

CHAPTER-VII

Budget	39		The 1[ xxx ]2[financial sub-committee] of a Farmers Organisation shall prepare in such form in every financial year a budget in respect of the financial year next, showing the estimated receipts and expenditure of the committee and shall place before the General Body of the Farmers Organisation for its approval as may be prescribed.
Protection of acts done in good faith	40		No suit, prosecution or other legal proceedings shall be instituted against any person for anything which is, in good faith done or intended to be done under this Act or under the rules made there under.
Power to remove dificulties	41	(1)	If any difficulty arises in giving effect to the provisions of this Act or as to the first constitution or reconstitution of any Farmers Organisation after the commencement of this Act, the Government, as the occasion may require, by order published in the Andhra Pradesh Gazette, do any thing which appears to them necessary for removing the difficulty.
		(2)	All orders made under sub-section (1) shall as soon as may be, after they are made, be placed on the table of the legislative assembly of the state and shall be subject to such modifications by way of amendments or repeal as the Legislative Assembly may make either in the same session or in the next session.
3[ Power to give directions. etc,.]	41A	(1)	4[Notwithstanding anything contained in this Act, it shall be competent for the Government or, as the case may be, the Commissioner or designated officers not below the rank of a Superintending Engineer, either on its own accord or on application made issue such directions, as they may consider necessary, to any Farmers Organisation for the proper working of the said Organisation and such Farmers Organisation shall implement those directions for effective functioning of the said Organisation.
1Omitted as per Act 7 of 2003 2substituted as per Act 7 of 2003 3Inserted by Act 1 of 1999 4 Substituted for Section 41(A) as per Act 7 of 2003

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		(2)	If in the opinion of the Government or, as the case may be, the Commissioner or the officers as designated in sub-section (1), the President or Vice-President or Chairman or Vice-Chairman or the members of the Managing Committee of a Farmers Organisation,
			(i)	Willfully omitted or refused to carry out the directions of the Government or the Commissioner or the officers as designated in sub-section (1) for the proper working of the organisation; or
			(ii)	abused his position or the power vested in him; or
			(iii)	is guilty of misconduct in the discharge of his duties; or
			(iv)	persistently defaulted in the performance of his functions and duties entrusted to him under the Act to the detriment of the functioning of the concerned organisation or has become incapable of such performance; or
			(v)	violated any of the provisions of the Act or the rules made there under; or
				(a)	defaulted in carrying out the financial audit in the manner prescribed; or
				(b)	defaulted in conducting General Body Meetings in the manner prescribed; or
				(c)	defaulted in formation of sub-committees in the manner prescribed; or

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			(vi)	incurred any of the disqualifications under the provisions of Act, the Government or, as the case may be, the Commissioner or the officers designated in sub-section (1) may proceed either suo-motu or on a representation or application, and may remove such President or Vice- President or Chairman or Vice-Chairman or the member or members of the Managing Committee after giving reasonable opportunity of making a representation against such action.
		(3)	Any amount fallen due to be recovered, consequent to any financial irregularity committed by the Chairman or Vice-Chairman or President or Vice-President or member or members of the Managing Committee during their tenure, shall be recovered as per the Andhra Pradesh Revenue Recovery Act, 1864 or any Act for the time being in force and be credited to the respective Farmers Organisation or Government, as the case may be.
		(4)	All appeals on the orders issued under Section (2) shall lay before an appellate authority not below the rank of a District Collector as may be prescribed within a period of thirty days from the date of serving the said orders to the concerned person or persons and the decision of the appellate authority thereon shall be final.]
Revision by the Government or Commissioner	41-B	1[ The Government, or the Commissioner may either on its own accord, or an application made call for and examine the records of any committee of a 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 themselves or 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 Government or to the Commissioner that such decision, order or proceedings should be modified, annulled, reversed or remitted for reconsideration, they or he may pass orders accordingly; Provided that the Government or the Commissioner shall not
1Inserted by Act 1 of 1999

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				pass any order prejudicial to any party unless he has been given an opportunity of making a representation. ]
Saving	1[42]	(1)	Nothing contained in this Act shall affect the rights or properties vested in a Gram Panchayat, Mandal Parishad, Zilla Parishad, Municipality or Municipal Corporation under any law for the time being in force.
		(2)	2 [ xxx ]
Power to make Rules	43	(1)	The State Government may, by Notification in the Official Gazette, make rules to carryout the purposes of this Act.
		(2)	Every rule made under this Act shall immediately after it is made, be laid before the Legislative Assembly of the State, if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following, the Legislative Assembly agrees in making any modification in the rule or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of any thing previously done under that rule.
			Secretary to Government, Legislative Affairs & Justice, Law Department
42(1) is renumbered as 42 as per Act 7 of 2003 Omitted as per Act 7 of 2003

Note:-Indenx and Key Word chapters are not included

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