Bare ActsThe Assam Irrigation Water Users Act, 2004 (Single Document)

Section 2

Amendment status not verified — confirm the current text below against the official source.

In this Act, unless the context otherwise require, - (a) "area of operation" in relation to Water Users' Association means a continuous block of land in the command area of an irrigation system as may be notified for the purposes of this Act; 2 (b) "ayacut road" means a road within the area of operation of Water Users' Association for the purpose of irrigation and agriculture but do not include a road vested in Gram Panchayat, Municipality, Municipal Corporation or the Public Works Department of the Government; (c) "command areas" 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 a Government aided source and includes every such area whether it is called ayacut or by any other name under any land for the time being in force; (d) "competent authority" means the authority appointed under section 21 (e) "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 ; (f) "drainage system" in relation to an irrigation includes, - (i) escape channels from an irrigation or distributory system and other works connected therewith, but does not include works for removal of sewage; (ii) channels either natural or artificial for the discharge of waste or surplus water and all works connected therewith; (iii) all connecting drains and main drains to drain off surplus water from field drains; and (iv) all field drains, related structures under outlets. (g) "farmers' organisation" wherever it occurs, shall mean and include – (i) Water Users' Association consisting of all the water users as specified under section 3, (ii) Distributory Committee at the secondary level as constituted under section 5, (iii) Project Committee at the project level as constituted under Section 7. 3 (h) "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 an outlet; (i) "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 an outlet and includes drains, escape channels and other similar works existing or to be constructed. (j) ''financial year" means a year commencing from the 1st April of the relevant year to the 31st March of the ensuing year; (k) "financing agency" means any commercial bank or any co- operative society or any other bank or organisation established or incorporated under any law for the time being in force, which lends money for the development of the area of operation of the Water Users' Association; (l) "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 an outlet. (m) "Government" means the State Government of Assam; (n) "hydraulic basis" means the basis for identifying a viable irrigated area served by one or more hydraulic structures such as head works, distributaries, minors, outlets and the like; (o) "irrigation system" means major, medium and minor irrigation systems for harnessing water for irrigation and other allied uses from Government or Government aided source and includes reservoirs, open head channels, diversion system, lift irrigation scheme, tanks, wells and the like; Explanation : (1) "major irrigation system" means system under major irrigation project having irrigable command area of more than 10,000 hectares; 4 (2) "medium irrigation system" means irrigation system under medium irrigation project having irrigable command area of more than 2,000 hectares and up to 10,000 hectares ; (3) "minor irrigation system" means irrigation system under minor irrigation project having irrigable command area up to 2,000 hectares. (p) "land holders" means an owner or a tenant recorded as such in the records of rights under the Assam Land and Revenue Regulation, 1886 (as amended) and the Assam (Temporarily Settled Areas) Tenancy Act, 1971 (as amended) in respect of land in the notified ayacut. (q) "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 areas of operation; (r) "notification" means a notification published in the Assam Gazette and the expression "notified" shall be construed accordingly ; (s) "operation 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; (t) "prescribed" means prescribed by the Government by rules made under this Act; (u) "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; (v) "water user" means and includes any individual or body corporate or society using water for agriculture, domestic, power, nondomestic, commercial, industrial or any other purpose from a Government or Government aided source of irrigation; (w) "water allocation" in relation to an irrigation system means distribution of water determined from time to time by Water Users' Association in its area of operation. (x) "Water Users Association" means the Association constituted under sub-section (3) of Section 3. Regulation 1 of 1886 Assam Act No. XXIII of 1971. 5 CHAPTER- II FARMERS' ORGANISATION Delineation of water users' area and constitution an Association.

Section 2 – The Assam Irrigation Water Users Act, 2004 (Single Document) | DailyLaw.ai