The Assam Farmers (Group Irrigation) Act, 1978

SKBftSf <33̂ The Assam Gazette -. ■ * - - . EXTRAORDINARY sf rg -w 'ee era sraaPra PUBLISHED BY AUTHORITY * 126 .<io, 12 5 1, crcwv’ 1978, 10 voTtf, 1900 D is pur, F r i la y , 1 st S e p te m b e r , 19 73 . 10 th B h a d r a , 1S00 (S. E.) GO VE RN MEN T OF ASSAM OR DE RS BY TH E GO VE RN OR LEG ISLATIVE DE PA RT MEN T NOTIF ICA TIO N Th e 31st August 1978 No.LGL.335/75/188 .—The following Act of the Assam Legislat ive Assem bly which received the asse nt of the Pre sident is here by pub lish ed for gene ral info rma tion . 816 THE ASSAM GAZETTE, EXTRAORDINARY, SE?T. 1, 1978 ASSAM ACT X OF 1978 (R eceiv ed th e as sent of th e Pre side nt on 16th Au gust, 1978) TH E ASSAM FA RM ER S (GR OU P IRRIGA TION ) ACT, 1978 Act to provide for creation of irrigation potential by the formation of groups amongst farmers. WHE RE AS it is ex pe di en t to m ak e prov isi on fo r cr ea ting ir riga tion po te nt ia l th ro ug h u ti li sa ­ tio n of su rfac e an d un de r- gr ou nd w at er by fo rm at io n of gr ou ps am on gs t fa rm er s to ob ta in loan from Ba nks . It is he re by en ac ted in th e T w en ty -n in th Yea r of th e Rep ub lic of In di a as fol low s :— 1- (1) Th is Ac t m ay be ca lle d th e As sam Far- com mence - m ers (G roup I rr ig at io n) Act , 1978. ment. (2) I t ex tend s to th e wh ole of Assam. (3) It sh al l com e in to force at once. Definition 2. In th is Act , un less th er e is an yt hi ng re ­ pu gn an t in th e su bj ec t or co nt ex t,— (a) ''a g ri cu lt u ra l la nd” includ es land used or capa ble of be ing used fo r ra is in g of cro ps, gr as s or ga rd en produce, ve ge t­ abl es, see d farm ing, pi sc icul tu re , ho rt i­ cu ltu re , gr ow ing of fr uit s or ot he r sim ila r pu rp os e ; (b) "b an k” in cl udes — (i) a ba nk in g co mpa ny as defin ed in sec ­ tio n 5 of th e Ban king Reg ulat ion Act, 1949, (li) "S ta te Ban k of In di a” co ns tit ut ed under th e Sta te Ban k of In di a Act, 1955, TftE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 1, 1978 817 (iii) a subsid iary Bank as defined in the Sta te Bank of India (sub sidia ry Banks) Act, 1959, (iv) a "Co rresponding new Bank” cons­ tit uted under section 3 of the Bank ing Companies (Acquisition and tra ns fer of unde rtak ings) Act, 1970, (v) the Assam Co-operative Centr al Land Mortgage Bank Lim ited constituted un der the Assam Co-operative Land Mortgage Bank Act, 1960, (vi) a Co-operative Land Mortgage Bank reg iste red under Assam Co-operative Societies Act, 1949, (vii) any other financial ins titu tion or a co-operative society which may be notified to be a Bank for the purposes of this Act by the Sta te Gov ernmen t from tim e to time, (viii) "Reg ional Rural Bank” constituted under the Regional Ru ral Banks Act, 1976, (c) "cro ppin g pa tte rn ” means a system of cul tiva tion specif ied in a scheme for using agric ult ural land for any one or more or all of the following purp oses— (i) rais ing of crops, grass or garden pro ­ duce and vege tables, (ii) seed farming, (iii) pisc icul ture , (iv) hortic ulture , (v) grow ing of frui ts, (vi) oth er purp oses as may be noti fied by the Sta te Gov ernm en t; 81?' THE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 1, 19?8 (d) "defa ult er” means any member of a group who refus es to make any contri­ bution or take loan from a bank or fu lfi l any obligat ion, financia l or otherwise, for implementing a scheme or fails to repay by due date any instalment of the loan taken for implementing the same ; (e) "gr oup ” means an association consisting of farm ers not less than two in number formed for the purpose of implementing a scheme under this A c t ; (f) "Irr igation Officer” means an Exe cutive Engineer under the Irrigation Dep art­ ment having jurisdic tion over an area and includes any other officer not below the rank of a Subordinate Engineer of the Irrigation Department authorised by the Exe cut ive Engin eer for the purpose of this Act and furthe r includes any other categories of officials or agencies duly notif ied by the State Go ve rn men t; (g) "ma rgin mon ey” means the money requ ired to be paid by a farm er for obtaining loan from a bank for imp le­ menting a scheme framed under this A c t ; (h) "prescribe d” means prescribed by rules fram ed under this A c t ; (i) "sch eme ” means the details of any plan of an irrigation work for using surface water through lif t and under-ground wa ter through wells in any agr icultur al land to promote or increase or assure agr icultural produce prepared for the purpose of rendering bene fit to a group of farm ers ; (j) "Sup erin tending Eng inee r” means the Superinte ndin g Engineer of the Irr iga ­ tion De partm ent; Ttt E ASSAM GAZETTE. EXTRAORDINARY, SEPT. 1, 1973 819 (k) "under-grou nd wa ter” means water ava il­ able below top soil layers ; (l) "w el l” means a we ll sunk for the search for extraction of under-ground water within any area for irrig ation and inclu­ des an open well, dug well, bored well, dug-CMTO-bored well, tube we ll and filter Point. ■ • a s . , 3. (1) An y two or more farm ers ownin g or g’opo oTfa^having a right in any agr icultur al land in Com­ mers and pact area may form a group and app ly to the pr^p ar in gra Irrig ation Officer in the prescribed manner re- scheme. questing him to frame a scheme for the purpose of implementation of the provis ions of this Act. (2) On receipt of such applicat ion, the Irr iga ­ tion Officer may enter upon any land proposed to be affected by the scheme and make the necessa ry enq uiry or surve y about the feasibility of the scheme and if he is satisfied about the fea sibility of the scheme, he shall prepa re a dra ft scheme and forwar d it to the applicant farm ers for suggestions and objections. (3) Af ter considering such suggest ions and objections as may be made by the applicant fa r­ mers, the Irrigation Officer may make such modifications in the draft scheme as he may thin k fit, and the draft scheme, as so modified, should be sent by him to the bank to enable it to consider the fea sibility of the scheme, the credit worthiness of the farm ers in question and the question whether it is prepared to finance the scheme. (4) If the bank indicates its will ingn ess to finance the scheme, the Irrig ation Officer shall finalise the scheme and send a copy of the finalis­ ed scheme to the applicant farm ers and also to the bank. 820 TI lE ASSAM GAZETTE, EX TR AO RD INAR Y, SEP T. 1. 1971 (5) On receipt of the notice from the Bank each farm er shal l deposit the margin money with the Bank in the manner prescribed. If any far­ mer refuses or fails to deposit the marg in money with in the time prescribed, any one or more of the other farm ers of the group concerned may deposit the marg in money of the defa ulting farmer with the Bank. (6) Whenever required by the Bank, the farm ers wi ll execute mortgage deed or deeds of charge in respect of the lands made charge­ able for securing repa yment of the loans to be advanced by the Bank to the farm ers the ô Scheme'11 4. (1) When it appears to any Irrigation on unwiiiingOfficer having juris dict ion over the area that farmers. fram ing and implementation of a scheme under this Act for any compact area is not possible owin g to the fail ure of any one or more of the farm ers having interset in any portion of such area to join the group, he may, on being satisfi­ ed afte r giv ing an opportunity to the farm er of being heard, in the manner as may be prescri b­ ed, that ther e is no reasonable ground for the farmer or farm ers refusing to join a group and that such joining is necessary and essential in the public interest, direct him to join the group within such time as m ay be prescribed. Jt (2) If such farm er fails to join the group, the other farm ers of the group formed for the purpose, may deposit the margin money in the mann er laid down in sub-section (5) of section 3 and the reafter all the provisions of this Act sha ll apply to the defa ulting farmer concerned. Im p le m en t- 5 (1) • The Irrig ation Officer or the group of scheme, farmers, as the case may be, shal l implement all schemes, framed under this Act in the manner prescribed. THE ASSAM GAZETTE, EXTRAORDINARY, SEPT. I, 19/8 821 (2) An y scheme, framed and implemented under this Act shall be maintained by the group of farmers in the manner prescribed. (3) If the Irrig ation Officer at any time finds that the group of farmers has not im­ plemented or maintained the scheme or has failed or refused to do so, he may, after giving in writin g a notice to the farmers, car ry out such implementation and maintenance and the cost incurred for s-uch implementation or main ­ tenance shall be reco vera ble from farmers as public demand under the Beng al Pub lic Demands Rec overy Act, 1913. Penalty for 6. An y farm er of a group, refusing to adopt to the the cropping pattern specified m a scheme or »cheme. obstructing the construction of field channels or other works nece ssary for the purposes of dis­ tribu tion of irrgatio n water to every part of the area as required under the scheme, shal l be punishable wit h imprisonment for a term which may extend to three months or with a fine which may exten d to five hundred rupees or with both. Charge over 7. Notwithst anding anything in any mor- crops. tgag e deed or loan bond executed by a farm er for obtaining a loan for the purpose of imple­ menting a scheme under this Act the mortgagee Bank shall have a first charge over the crops that may be raised on the land includ ed in the scheme: %&*%**" ......~ : Provide d that if the Bank financing the in­ vestm ent under the scheme is not financing the farmers for raising crops and such crop loans are given by another financia l institu tion for raising that crops shall have proportionate charge over the crops, 822 THE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 1, 1978 Appeal agai­ nst order of Irr iga tion Officer. 8. (1) An y farm er aggrieved by any order passed by an Irrig ation Officer under the pro vi­ sions of this Act ma y appeal, in the manner prescribed, with in fiftee n days from the date of receipt of the order, to the Superintending Engin eer of the Irrig ation Departmen t having jurisdiction over the area in which the agr icu l­ tural land of the farm er concerned is situated. (2) The Superinte ndin g Engineer, after giv­ ing an opportunity to the parties to be heard, may with in fifteen days of the date of appeal, confirm or modify the order of the Irrigation Officer or reject the appeal or remand the case for decision of the Irrig ation Officer in the light of observations made by the Superintending Engineer. Application . 9 m An y farmer, aggr ieve d by an order passed by the Superinte ndin g Engineer under the provisions of sub-section (2) of Section 8, may app ly in the manner prescribed to the State Governm ent with in fifteen days of the date of passing of the order for revising the same on the ground of hardship. (2) The State Gove rnment may, with in fifteen days of the date of appeal, call for the records of the case and pass orders as may be deemed fit, and such orders shall be final. Bar of juris- 10. (1) Except as provided in Sections 8 and court’s11 »°f 9 above, no order passed in exer cise of any Tribu nal s power conferred by or under this Act shal l be called in question in any proceedings before a court or t ribu nal or any other autho rity. (2) No Civ il Court shal l have jurisdiction in respect of any matter or action which the Irr iga ­ tion Officer, Superintend ing Engineer or the State Gove rnment is empowered by or under this Act to determine or take and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in nursuance of any power conferred by or under this Act, C THE ASSAM GAZETTE. EXTRAORDINARY, SEPT 1, 1978 823 s.ctioiu'takcn N o s u i t o r other legal proceedings shal l i a good faith.lie against any person for anything in good faith d one or intended to be done in pursuance of any of the provisions of this Ac t or of any rule or order framed or made thereunder. r emove o b s - 12. when for the purpose of making any tructionsetc.e n qU ir y o r survey, whether in the course of fram ing of a scheme under this Ac t or other­ wise, the Irrig ation Officer finds that it is expedie nt to remove any obstruction or clear any part of the land or any standing crop or cut down trees or jungles from any such land he may ask the farm ers to remove such obstru ctions or crops or jun gles and to cut down trees with in such time as ma y be specified in wr itin g by him and if the farm ers either refuse or neglect to com ply with any such order the Irrigation Officer shall him self arrange removal of the obstru ctions or crops or jungles and cut down trees, as the case ma y be, and the costs for such removal or cutt ing down sha ll be treated as costs for implemen ting the scheme and shal l be recoverable from the farm ers as public demand under Ben gal Pub lic Demands Rec ove ry Act, 1913, in such proportion as may be speci­ fied in wr itin g by the Irrigation Officer. Recovery of 13. m When any farmer refu ses to pay the margin mon ey pay able by him or refus es to obtain any loan for implemen ting a scheme, the Irrigation Officer shall apport ion the expenditure incurred in implemen ting or main taining the scheme amongst all the farm ers of the group and the defau lter’s share of such expenditure shal l be recoverable from him as a public demand unde r Ben gal Pub lic Demands Rec ove ry Act, 1913, and paym ents should be made to the other farm ers of the Group and their loan accounts wit h the Ban k in appropriate propor­ tions. 824 TH E ASSAM G AZE TTE, EX TR AO RD INAR Y, SEPT. 1, 1978 ■ ... . (2) Notwithstanding any terms and condi­ tions provided for in the mortgage deed or loan bond executed by a farmer of a group for the implementation of a scheme under this Act, if any farmer of the group defaults in payment of any instalment of the loan, due from him, such instalment of the loan shall be recoverable from him as a public demand under Bengal Public Demands Recovery Act, 1913 : Provided that the provisions of Bengal Public Demands Recovery Act, 1913 shall not be applied against the defaulting farmers except on application by the Bank concerned to the Col­ lector of the District or such other autho rity as may be empowered by the State Government in this behalf. ofSffenceCby 14. No court shall take cognizance of any court. offence punishable under this Act or of abetment of any such offence save on complaint made by an officer authorised by the State Government in this behalf. Effec t_ ° f 15. The provisions of this Act and the rules the AcHnco-made thereunder shall have effect notwith- nsi stent with standing anything inconsistent therewith contained oth er laws* . j i tm any other law. Power to 16 (1) The S tate Government may, by noti- make rules. fic a tio n in the Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generali ty of the foregoing powers, such rules may provide for all or any of the following matters, namely:— (a) the manner in which the application for farming a scheme under sub-section (1) of Section 3 is to be m ade; TH E AS SA M GA ZE TT E. EX TR AO RD IN AR Y, SEPT. 1, 1978 825 (b) the manner in which mar gin mon ey is to be deposited wi th the bank and the time for deposit the reof under sub-section (3) of Section 5 ; (c) the manner for enforcem ent of the scheme on unwil ling farm ers under sub­ section (1) of Section 4 ; (d) the mann er in which the scheme is to be imple mented and maintained under sub-section s (1) and (2) of Section 5; (e) the mann er in which appeal is to be made under sub-section (1) of Section 8 ; $f) the mann er in which the application for revision is to be made unde r sub-section (1) of Sect ion 9 ; '(g) and such other matters provisions wh ere ­ of is necessa ry to be made in the rules. (3) Ev ery rule made under this Section shal l be laid as soon as may be after it is made, before the Assa m Legis lat ive Assem bly wh ile it is in session for a tota l period of fourteen days which ma y be comprised in one session or in two successive sessions, and if, befo re the expiry of the session in which it is so laid or the sessions imm edia tely following the Assa m Leg isla tive Assem bly agre e in making any modi fication in the rule or the Assam Leg isla tive Assembly agre e that the rule should not be made, the rule shall the rea fter have effect, only in such modi­ fied form or be of no effect, as the case ma y be; so how ever , that any such modi fication or annul­ ment sha ll be withou t prejudice to the va lid ity of any thing pre vio usl y done under that rule. U. TAH BILDAR , Secretary to the Govt, of Assam, Legislative Department. Gauhati—Printed and published by the Supdt. i/c., Assam Govt. Printin g Press, (Bo-Gasstte) No.251—800—500—1-9-1978.