Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Madhya Pradesh - Section

Section 7 in M.P. Farmers' Organisation Rules, 1999

7. Procedure for taking up works.

- For the purposes of taking up works under clauses (b) and (n) of Section 17, clauses (b) and (j) of Section 18 and clauses (b) and (i) of Section 19 of the Act, the Farmers' Organisation shall adopt the following procedure :-
(1)System Diagnosis for Maintenance Works :
(i)Prior to the commencement of every crops season (kharif & rabi) the Managing Committees and Competent Authority of every Farmers' Organisation shall undertake to assess the condition of the system (system diagnosis) through a participatory walk through exercise.
(ii)The Farmers' Organisation shall inspect each and every hydraulic structure and record its status.
(2)All works shall be categorised as follows :-
(i)Normal Operation and Maintenance Works which includes ordinary repairs, such as :-
(a)Desilting;
(b)Weed removal;
(c)Embankment repairs;
(d)Revetment;
(e)Repairs to shutters;
(f)Repairs to masonry and lining;
(g)Cleaning & Oiling of screw gearing shutters;
(h)Painting of hoists and gates etc.;
(i)Emergent breach closing works; and
(j)Maintenance of inspection paths.
(ii)Deferred Maintenance Works (Rehabilitation Works) :-
(a)Reconstruction of sluices;
(b)Reconstruction/repairs to drops regulators;
(c)Reconstruction of measuring devices;
(d)Rehabilitation of the system; and
(iii)Original Works :-
(a)Modernisation of the System; and
(b)Any other construction works in the irrigation system. The above works shall be executed by the Farmers' Organisation, under the supervision of the Water Resources Department at the rates not exceeding estimated rates.
(3)Identification of normal operation and maintenance works-participatory walk-through. - The Chairperson/President along with the Managing Committee members shall organise a participatory walk through within the area of operation of the Farmers' Organisation and identify all the critical reaches, which need immediate repair as listed out above. The Competent Authority shall assist the Farmers' Organisation in preparation of detailed list of works to be undertaken.
(4)Prioritising Works. - The Managing Committee of the Farmers' Organisation shall discuss the list so prepared and fix up priority or works to be taken up immediately.
(5)Preparation of estimates. - The Competent Authority shall prepare estimates within a fortnight for the works so prioritised according to the hydraulic particulars as maintained by the Water Resources Department at the prevailing schedule of rates.
(6)Administrative approval. - The Managing Committee of the Farmers' Organisation shall accord administrative approval for the estimates prepared subject to availability of funds. Each administrative approval shall he recorded in the register of administrative approvals in Form I.
(7)Technical Clearance. - [(a) The powers for giving technical clearance by the Competent Authority shall be as follows :-
(i)Special Repairs:    
(a) Executive Engineer : Upto Rs. 1,00,000/-
(b) Superintending Engineer : Upto Rs. 10,00,000/-
(c) Chief Engineer : Full Power
(ii)Ordinary repairs :    
(a) Sub-Engineer : Upto Rs. 20,000/-
(CompetentAuthority) :  
(b) Assistant Engineer : Upto Rs. 50,000/-
(c) Executive Engineer : Full powers within the funds provided to Farmers’Organisation.]
[Substituted by Notification No. 32-1-99-M-XXXI, dated 18-10-2000.]
(b)a Competent Authority may accord the technical clearance vested in an authority lower than him;
(c)the Competent Authority, shall record all the technical clearances in the register of technical clearance in Form I appended to the rules;
(d)the technical clearance shall not exceed the Administrative approval;
and
(e)in respect of a Distributory Committee, the Project Committee, the Competent Authority may cause the technical clearance to be given by an appropriate officer under his control as per the financial powers mentioned in clause (a).
(8)Manner of taking up works. - (a) Works as approved by the Managing Committee of the Farmers' Organisation shall be taken up for execution by the Farmers' Organisation itself;
(b)Under no circumstances, Chairperson/President, or Managing Committee Member of the Farmers' Organisation execute work directly in his individual capacity;
(c)The cost of works executed shall not exceed the estimated costs; and
(d)The Competent Authority shall record the initial measurements and final measurements for quantifying the work done for making payments by the Farmers' Organisation.
(9)Maintenance and Adherence to the Designed Hydraulic Particulars. - The Competent Authority shall be responsible for the maintenance and adherence to the approved hydraulic particulars. He shall ensure that the designed hydraulic particulars of an irrigation system are not altered with. He shall guide the Farmers' Organization in supervising works.
(10)Limitations on Works. - No Farmers' Organisation shall have the power to interfere with the designed hydraulic particulars of an Irrigation system. Any violation will invite the penal provisions under Section 23 of the Act; and the rules made thereunder.
(11)Publication of List of Works to be taken up. - (a) The lists of works to be taken up should he given wide publicity by means of display in the office of the Farmers' Organisation and other public places and institutions within the area.
(b)Along with the lists other particulars of works, estimates, values, and mode of execution should be given wide publicity; and
(c)If any member wishes to have access to any of the records relating to works to be taken up, he may do so on payment of the fee as fixed by the Farmers' Organisation.
(12)Freedom to Add Other Funds or Extra Contributions. - The members arc free to contribute resources either in cash or by way of material or labour.
(13)Proof of Works Done. - The Competent Authority shall maintain, Level Field Book, and Measurement Book for recording the work done by the Farmers' Organisation.
(14)Payment for the Works Done. - All payments for works done above Rs. 1000/- shall be paid by cheque. The Farmers' Organisation shall maintain a record of all payments made in the Cash Book date-wise.
(15)Original Works. - A Farmers' Organisation may lake up any original work within its area of operation subject to the following conditions; namely:-
(a)Specific approval shall be obtained from the authority vested with such powers to do so.
(b)The estimates for works shall be prepared by the Water Resources Department and works shall be let out to the Farmers' Organisation wherever they come forward for execution of such works at the estimated rates.
(c)If the Farmers' Organisation agrees to take up any work, an agreement shall be entered into with the Water Resources Department.
(d)Payments shall be made to the Farmers' Organisation based on the out turn of work on fortnightly basis or even earlier as may be mutually decided.
(e)Where the Farmers' Organisation does not come forward the procedure as prescribed under the "Works Department Manual" shall be "followed or as per any direction given by the Government from time to time.