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APFMIS Act

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APFMIS Act &Rules DELINEATION. Delineation of WUA Hydraulic basis. Administratively viable. MI sources to have one WUA. WUA to have a local distinct name. – PowerPoint PPT presentation

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Title: APFMIS Act


1
APFMIS Act Rules
2
DELINEATION.
  • Delineation of WUA
  • Hydraulic basis.
  • Administratively viable.
  • MI sources to have one WUA.
  • WUA to have a local distinct name.

3
Membership.
  • All water users within a WUA are members.
  • Members with voting rights.
  • Land owners tenants
  • Any person in lawful possession enjoyment
  • Members without voting right.
  • Called co-opted members.
  • Basically all other persons other than land
    owners tenants.

4
WUA Original Set -Up
PC
MC MEMBERS
DC
Max 101 Min 41


WUA
4 to 10 TCs
TC1 TC2 TC3 TC4 TC5
TC6 TC7 TC8 TC9 TC10
Farmers (Land holders)
5
Objectives
  • Water management
  • To promote equitable distribution of water
  • To promote economy in the use of water
  • Agriculture
  • To optimise agriculture productivity / production
  • To arrive at optimum cropping pattern
  • To encourage / application of modern agriculture
    technology
  • Finance
  • To ensure collection of dues, mobilisation of
    resources
  • Make prudent investment of resources
  • Environment
  • To work towards sustaining etiological balance
  • Others
  • To make the organisation viable, vibrant,
    functional body

6
Rights of farmers organisations
  • Water management
  • To obtain information on water availability and
    supply of water
  • To receive water in bulk from department for
    distribution
  • Agriculture
  • To obtain latest information on agricultural
    aspects
  • Works
  • To participate planning and designing of micro
    system
  • Finance
  • To levy special fee for maintenance of the system
  • Planting trees on canal bunds for augmenting
    income of the farmers organisation

7
Responsibilities of farmers organisations
  • Water management
  • To prepare the schedules of water deliveries
  • To supply water to all members in the command
    area
  • To avoid and prevent misuse and wastage of water
  • To use water economically
  • Agriculture
  • Preparation of crop plan
  • To inspect water utilisation
  • To educate farmers on agricultural aspects
  • Works
  • To carryout timely maintenance of the irrigation
    systems
  • To improve the system for efficient and
    economical use of available water

8
Rights of individual water users
  • Water management
  • To get information relating to water
    availabilities and water delivery
  • To receive water as per specified quota
  • To avoid and prevent misuse and wastage of water
  • To use water economically
  • Agriculture
  • To have freedom of growing any crop, adjusting
    the area within the water allocated
  • Others
  • To sell or transfer the water share to any other
    water user within the operational area of water
  • To participate in General Body meetings and
    receive annual reports
  • To receive equitable benefits

9
Responsibilities of water users
  • Water management
  • To be aware of rules of operation of water supply
  • To adhere to the water delivery schedules
  • Not to tamper with the irrigation systems
  • To conserve water
  • Agriculture
  • To follow proper irrigation methods
  • Works
  • To maintain the micro level system
  • Financial
  • To pay the water tax and special fee regularly
  • General
  • To permit inspection of irrigated area
  • Crop cutting experiments
  • To respect easement any rights and other customer
    rights

10
General Body Meetings
  • General Body shall meet at least twice in a year
  • Once before Khariff
  • Once before Rabi
  • General Body meeting may also be called at any
    time
  • by President
  • by the Managing Committee through majority
    resolution.
  • Signed by not less than 1/3 of the voters
  • direction from Govt. Commissioner, President of
    higher tier
  • Quorum
  • 1/3rd quorum
  • for adjourned meeting no quorum.

11
Powers of General Body
  • Finance
  • To approve financial budget on review of the
    previous year budget
  • To levy special fees
  • To take decision on raising of resources
  • To decide on permissible administrative expenses
    within the ceilings prescribed by Government
  • Works
  • To prepare annual and long term financial and
    works plans
  • To create a separate fund for different
    activities
  • Water Management
  • To approve the operational plan for each season
  • Others
  • To set up sub committees
  • To carryout the recall proceedings

12
MC Meeting
  • MC shall meet at least once in a month
  • Quorum for the meeting
  • 1/3rd of the total members.
  • for adjourned meeting no quorum is required

13
Powers and functions of Managing Committees
  • Financial
  • To prepare budget and allocate resources for
    various activities
  • To raise resources
  • To prepare annual accounts
  • Works
  • To prepare and implement annual and long term
    plan
  • To organise execution of works
  • To prioritize works
  • Water Management
  • To prepare and implement operational plan
  • To ensure equitable distribution of water
  • Agriculture
  • To prepare and implement crop plans for Khariff
    Rabi
  • Others
  • To assist the Revenue, Irrigation and Agriculture
    departments in preparation and maintenance of
    basic records
  • To carryout and implement all decisions of
    General Body

14
Duties of Chairman/President
  • Finance
  • To render full and complete accounts
  • To operate the bank account jointly with the MC
    member
  • To be accountable for all transactions of FO
  • Meetings
  • To preside over the General Body meetings
  • To conduct General Body meetings and MC meetings
    as prescribed
  • Authorised representative of FO at all other
    forums
  • General
  • Custodian of all records, properties of FO
  • To conduct the affairs of FO in democratic manner

15
Sub-Committee composition
  • WUA Level
  • MC member of WUA is convener (T.C. member)
  • 4 farmers members
  • D.C. Level
  • MC member of D.C. is convener (WUA president) 4
    T.C. members
  • Medium P.C. Level
  • MC member of P.C. is convener (WUA President) 4
    T.C. members
  • Major P.C. Level
  • MC member of P.C. is convener (D.C. President)
    and 4 WUA Presidents.

16
Functions of Sub Committees
  • (1) Finance Sub committee
  • To mobilise and collect resources
  • To organise collection of water tax
  • To maintain records relating to financial matters
  • To prepare annual accounts
  • (2) Works Sub committee
  • To recommend estimates of works for
    administrative approval
  • Prioritisation of works
  • To supervise works and ensure quality control
  • To approve the payment for works
  • (3) Water Management Sub committee
  • To carryout the decisions of the MC and GB on
    water regulation
  • To organise patrolling of the canals
  • To maintain the record of water deliveries

17
Functions of Sub Committees .. Continued
  • (4) Monitoring, Evaluation Training Sub
    committees
  • To identify the training needs
  • To educate in optimum use of water
  • To monitor specifications like irrigated area,
    productivity, resource building etc.,
  • Sub committee meetings
  • Sub committee shall meet as frequently and
    necessary.
  • The Convener shall preside over the meeting

18
Works and Maintenance
  • Farmers Organisations can take up
  • 1) OM Works
  • 2) Differed Maintenance works
  • 3) Original Works
  • Works are identified by
  • Walk through survey
  • Administrative approval by M.C.
  • Technical sanction by Engineering official
  • President or T.C. member shall not execute the
    work in his individual capacity
  • Work execution at estimated rates

19
Operational plan and water budgeting
  • MC and CA (Engg) prepare water budget
  • Major
  • - PC allocates water to DC
  • - DC to Water Users Associations
  • Medium
  • - PC allocates water to WUAs
  • Minor
  • - WUA to decide
  • The drawals of water shall be monitored
  • At the end of season review of
  • - Water use efficiency
  • - Extent of crops

20
Water regulation
  • Plan of water regulation
  • - details of release and closure
  • - equitable distribution of water
  • - Warabandi schedule
  • Installation of devices for monitoring flow by FO
  • Joint Azmoish by FO with the assistance of
    Government departments

21
Accounts / Finance
  • Joint Account
  • Nationalized or Cooperative Bank
  • President and Managing Committee member
  • Registers
  • Cash Book
  • Bill registers
  • Contingent registers
  • Amanath registers
  • Receipt book
  • Cheque register

22
Records to be maintained
  • W.U.A. map
  • Property register
  • Membership register
  • Water flow register
  • Sanctioning register
  • Cash register
  • Special fee collection register
  • Minutes register
  • - GB meeting
  • - MC meeting
  • - Sub committee meetings

23
Levy Collection of fee
  • Fee can be levied
  • - to provide facilities
  • - to meet urgent need of FO
  • - to improve the system
  • - to build up assets
  • Defaulters list
  • - To MRO
  • - Recovery by RR Act
  • Govt., may also prescribe fee

24
Financial Audit
  • Audit
  • - To be done by 30th June
  • - MC appoints auditor
  • - More than 10.00 lakhs
  • Chartered Accountant
  • - Less than 10.00 lakhs
  • Auditor
  • - Approval by General Body

25
Social audit
  • Social audit
  • Water utilisation
  • Expenditure incurred for maintenance of the
    system
  • Display list of benefits accorded with reference
    to funds spent
  • Details of work to be exhibited at work place
  • The auditor shall incorporate
  • social audit report in his annual audit report

26
Functions of Competent Authority (Engineering)
  • Competent Authority (Engineering)
  • A.E/A.E.E. WUA
  • Dy.E.E. D.C.
  • Powers of Competent Authority
  • Technical Sanction
  • Custodian for protection of hydraulic parameters
    of canal.
  • Functions of Competent Authority
  • Prepare maintenance plan
  • Prepare estimates for the works
  • Bills preparation
  • Assist M.C. in Preparation of Water Budget
  • Assist in Joint Azmoish.
  • Taking up Recall proceedings

27
General
  • FO shall assist
  • Govt. departments in implementation of Act
  • Election Authority and District Collectors in
    conduct of elections
  • Updation of Voters list every year (April)
  • GB may take a decision not to supply water to the
    persons
  • - Not binding with the decisions of GB/MC
  • - Not paying the water tax/cess
  • - Not paying contribution
  • GB may order
  • - for recovery of damages
  • - prosecute in a court of law

28
Areas requiring further attention
  • WUAs to broaden their activities without limiting
    to only execution of works
  • To enable the WUAs to comply with the statutory
    responsibilities like
  • maintenance of records and Accounts,
  • conducts of financial Audit,
  • organizing GB / MC meetings, etc.,
  • Measures required to prevent contractor like
    attitude in execution of works by the WUA
    Presidents.
  • To make the WUAs concentrate primarily on water
    management.

29
Areas requiring further attention - contd
  • Measures to involve MC members for transparency
    in the activities
  • Some WUAs being too large (8,000 acres above),
    resulting in administrative difficulties with
    unwieldy number of farmers for convening GB
    meetings and taking decisions
  • Measures to prevent misuse of funds
  • Whether the tenure of 5 years is too long a
    period resulting in showing complacency by the
    individuals particularly Presidents.

30
STRENGTHENING WUA MOVEMENT Revised set up and
Amendments
31
Changes in WUA set up
  • Revised Set-Up
  • WUA to be a continuous body
  • 12 TCs in Major Medium sector WUA
  • 6 TCs in Minor WUA
  • 1/3rd of TC members retire once in every 2 years.
  • Vice-President post is newly introduced.
  • Term
  • TC members 6 yrs ( with variable tenures
    during the first cycle)
    President 2 yrs
  • Vice President 2 yrs

32
Revised WUA SET-UP(
Major Irrigation)
Indirect Election
Chairman
Vice Chirman
President
Vice President
Indirect Election
Indirect Election
President
Vice President
Direct Election
Farmers (Land holders)
33
Revised WUA SET-UP(
Medium Irrigation)
Indirect Election
Indirect Election
Direct Election
Farmers (Land holders)
34
Revised WUA SET-UP(
Minor Irrigation)
Indirect Election
Direct Election
TC1 TC2 TC3
TC4
TC5 TC6
Farmers (Land holders)
35
Amendments to Act
  • Vice President post is introduced
  • To be Joint Account holder of bank account along
    with President
  • Convener of Water Management Sub -Committee
  • Formation of Sub-Committees made Compulsory
  • 4 in Major and Medium Irrigation

36
Amendments to Act - contd
  • Introduced one Additional Competent Authority
    (Agriculture)
  • Disqualification of candidates for contesting
    in WUA elections
  • Convicted Persons
  • Persons Removed by Commissioner or Government or
    designated officer
  • Persons holding statutory posts like M.L.A., M.P.
    etc.
  • Incentives, disincentives to WUAs based on
    performance

37
Amendments to Act Contd.
  • Punitive Action against Presidents
  • For not conducting Financial Audit
  • For not conducting required No. of G.B. Meetings
  • For not forming Sub-Committees
  • Feeder Channels to MI tanks should be maintained
    by WUAs.
  • Modernization of Agriculture to be a function of
    WUAs.
  • Extension of Act to Minor Water bodies in
    Scheduled Areas also.

38
Recall
39
Composition of FOs
  • In a Distributory Committee (Major)
  • ( with WUA Presidents )
  • Minimum members 5
  • Maximum members 12
  • In a Project Committee
  • ( with DC Presidents (Major Projects ))
  • ( with WUA Presidents( Medium Projects ) )
  • Minimum members 5
  • Maximum members All DC/WUA
  • Presidents
  • -

Section 5(1),7(3),7(4) G.O. Ms. No.20, I CAD
(CAD IV) Dept. dt 20.2.03
40
Redelineation of FOs
  • Water Users Associations
  • Major Sector
  • Based on hydraulic basis
  • The Max range of Ayacut 1,000 - 4000Acres.
  • Medium Sector
  • Based on hydraulic basis
  • The Max range of Ayacut 1,000 - 2500 Acres.
  • Minor Sector
  • Total Ayacut under the tank.

41
Distributory committee Set up
  • Major Irrigation only
  • All WUA. President form the
  • Managing Committee
  • MC GB are same here
  • MC members elect
  • A President
  • A Vice President
  • Term is 2 Years
  • Min. strength in a DC is 5 WUAs.
  • (for formation of 4 Sub Committees)
  • Max. strength in a DC is 12 WUAs

42
Project Committee Setup
  • In Major Irrigation
  • All D.C. Presidents form Managing Committee
  • M.C. G.B. are same here
  • M.C. members elect
  • A Chairman
  • A Vice Chairman
  • Term is 2 years
  • Minimum strength of a PC is 5 D.Cs.
  • ( for formation of 4 Sub Committees )
  • In Medium Irrigation
  • Same set up as above except all WUA presidents
    form the managing committee of PC

43
Important hints on delineation
  • Major Irrigation systems
  • Minimum 5 DCs
  • Minimum 25 WUAs
  • Minimum 300 TCs
  • Medium Irrigation systems
  • Minimum 5 WUAs
  • Minimum 60 TCs

44
Delineation of TCs as upper reach and lower reach
  • Upper reach TCs
  • 50 of TCs adjacent to and nearby to the entry
    point of water course based on hydraulic
    particulars
  • Lower reach TCs
  • Remaining 50 TCs

G.O.Ms. No. 48, I CAD (CAD IV) DEPT dt.
04-04-03
45
Important Amendments on water management
  • Focus on Water management
  • Appointment of CA (Agri)
  • Vice President as convener of water management
    sub committee
  • Tail end farmers represented either as President
    or Vice President
  • Encouraging modernization of agriculture
  • Maintenance of feeder channels in MI tanks are
    additional functions of the WUAs.
  • Government to prescribe incentives and
    disincentives to the farmers organisations based
    on their performance.

46
Revised System of Election
  • Simplified election procedure in both procedure
    and time frame.
  • TC members are to be elected directly by farmers.
  • TC members have to elect President and
    Vice-President of WUA.
  • WUA Presidents have to elect President and
    Vice-President of DC.
  • DC/WUA Presidents have to elect Chairman and
    Vice-Chairman of PC of Major/Medium.

Section 4,6,8
47
Features of simplified election process in FOs
  • Elections to WUAs during1997
  • Elaborate procedure
  • 21 days schedule
  • Direct election to TCs President
  • Present Elections to WUAs
  • Simplified election procedure
  • Minor Irrigation systems
  • Only 1 day election schedule
  • Election in EGB meeting
  • Major Medium systems
  • 2 day election schedule

48
Election Procedure for WUAs in Major Medium
sectors
  • Election schedule - 2 days
  • First day nominations, finalisation of candidates
  • Second day Election to TCs, Fixing up tenures
    Election to President Vice president
  • Election procedure
  • Secret ballot
  • Voting slip with symbols
  • Voting box and indelible ink

49
Comparison of time schedule
Item In 1997 (no. of days) As revised for 2003(no. of days)
Item In 1997 (no. of days) Maj/Med Minor
Receipt of Nominations 5
Scrutiny, Withdrawals and finalising symbols 5 1 1
Preparation for election 10
Election and declaration of results 1 1
Total 21 2 1
50
Representation for upper reach and lower reach
  • If the elected President is from upper reach of
    command of the WUA, the vice-president shall be
    from the lower reach and vice-versa.

51
Present stage of election process
  • WUAs were notified as per revised set up
  • Elections to the WUAs were conducted in 13
    districts (6200 WUAs)
  • Newly elected M.Cs started functioning from Jan.
    2004
  • Elections to the WUAs in 7 districts and NSP
    project (3800 WUAs) were conducted in April 05.

52
W U As
present status
Notified WUAs 10,769
53
Co-option of members of PR Institutions and
Public Representatives
  • As water being common need it is decided to
    co-opt the members of PR institutions and Public
    Representatives into the MC of FO
  • The co-option is
  • Minor WUA Two Gram Panchayat members (one male
    one female)
  • Major WUA No co-option
  • DC Mandal Presidents
  • PC(Med) Mandal Pres, MLAs and MPs
  • PC(Maj) MLAs, MPs and ZP chiar persons

54
More Focus on water management
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