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State of Goa - Section

Section 2 in The Goa Command Area Development Act, 1997

2. Definitions.

- In this Act, unless the context otherwise requires,-
(1)"Command area" means an area irrigated or capable of being irrigated either by gravitational flow or by lift irrigation or by any other method, under any major or medium irrigation system, project, to be specified by notification by CAD Board;
(2)"Command area development work" means any work undertaken under this Act;
(3)"Comprehensive command area development" includes,-
(a)systematic land development for conservation of land and water;
(b)water use management for optimum use of water, including irrigation by turns, volumetric measurement of water and other enabling measures to avoid waste water logging, salinity, alkalinity and the like;
(c)conjunctive use of surface and ground water for multiple cropping and proper utilisation of available water resources;
(d)regulation, maintenance and repairs of irrigation systems;
(e)bringing the land records upto date for consolidation of land holdings, land survey and mapping;
(f)realignment of field boundaries and consolidation of land holdings under a pipe outlet or under an adjacent pipe outlet, for efficient farm management;
(g)grouping of small holding in a contiguous area nearer the outlet and larger ones further away;
(h)all round development of the farms in the areas pertaining to agriculture, horticulture, sericulture, farm forestry, animal husbandry, fisheries, communication, agro-based industry and co-operation;
(4)"Command Area Development Board" or CAD Board means a statutory body constituted under section 3 of the Act;
(5)"Chairman" means the Chairman of the Command Area Development Board unless and otherwise specified/referred as Chairman(s) of any other Body, Institution, Corporation etc. under this Act;
(6)"Credit Incharge" means an Officer of the rank of Assistant Registrar of Co-operative Societies of the office of the Registrar of Co-operative Societies on deputation to CAD Board;
(7)"Deputy Director of Agriculture" means an Officer of CAD Board not below the rank of a Deputy Director of Agriculture of Agriculture Department deputed to the CAD Board;
(8)"distribution system" includes:-
(a)all main canals, branch distributories, minor canals and water courses constructed for the supply and distribution of water for irrigation;
(b)all works, structures and appliances connected with the distribution of water for irrigation;
(c)all field channels and farm channels and related structures under a pipe outlet;
(9)"drainage system" includes:-
(a)channels, either natural or artificial for the discharge of waste or surplus water and all works connected therewith or ancilliary thereto;
(b)escape channels from an irrigation or distribution system and other works connected therewith but does not include works for removal of sewage;
(c)all connecting drains and main drains to drain off surplus water from field drains;
(d)all field drains and related structures under pipe outlet;
(10)"Executive Engineer/Canal Officer" means an Officer of the rank of Executive Engineer of a Works Division of 1[Department of Water Resources] on deputation to CAD Board with all powers as delegated to the Officer of equivalent rank in [Department of Water Resources] [In the section 2 and 9 of the Act for the words 'Irrigation Department' whenever they occur, the words 'Department of Water Resources' substituted by the Goa Command Area Development (Amendment) Act, 2001 (Goa Act No. 37 of 2001) published in the Official Gazette, Series I No. 9 dated 31-5-2001.] and in addition the powers of Canal Officer empowered by the Goa, Daman and Diu Irrigation Act, 1973 (Act 17 of 1973);
(11)"farm road" means a road serving lands under a pipe outlet;
(12)"financing agency" means any commercial bank or any co-operative society, including a co-operative agricultural development bank, the main object of which is to lend money or any Regional Rural Bank established under the Regional Rural Banks Act, 1976 (Central Act 21 of 1976); and includes any other agency selected for providing credit facility for comprehensive command area development;
(13)"field channel"/"water course" means a channel constructed or to be constructed by the Government or by the land holder or by any other agency to receive and distribute water from a pipe outlet and having capacity not exceeding 0,042 cumec. discharge or 421 litres per second;
(14)"field drain" means a channel excavated and maintained by the land holder or by any other agency on his behalf to discharge waste or surplus water from the land holding under a pipe outlet; and includes drains, escape channels and other similar works constructed or to be constructed and maintained by the owners or occupiers or by the Government;
(15)"Government" means the Government of the State of Goa;
(16)"Ineligible person" means a person not eligible for ordinary land development loans and belonging to one of the following categories, namely:-
(i)Farmers occupying the lands without any valid title to mortgage such lands;
(ii)minors without guardians;
(iii)Farmers occupying the Government land which have not been assigned to them, or Government lands assigned but which revert to the Government in case the assignee mortgages the same;
(iv)Land holders unable to get loan from any credit agency because of over-dues which are to be cleared before obtaining any loan for further capital investment;
(v)Farmers who are unwilling to apply for land development loans;
(17)"Input and Extension In-charge", "Soil Survey In-charge" and "Water Management Specialist" means the Officers of the rank of Agriculture Officers (Grade I) of Agriculture Department on deputation to (Office of) the CAD Board;
(18)"Irrigated dry land" or "irrigated land" means localised for light irrigation of crops, other than paddy, sugarcane and banana;
(19)"Irrigation Officer" in relation to a command area means an Officer of the Revenue Department not below the rank of the Revenue Sub-Divisional Officer having jurisdiction over such area or an Officer of the Command Area Development Board not below the rank of an Assistant Engineer, exercising control over the irrigation system in the Command Area and includes any other officer appointed by the Government to perform the functions of an Irrigation Officer under this Act;
(20)"Irrigation system" includes-
(a)the distribution system; and
(b)the drainage system;
(21)"irrigation system under a pipe outlet" includes the field channels and field drains, with all the related structures including roads thereto;
(22)"land holder" means a person in actual possession of the land, whether as an owner or as a tenant or sub-tenant or as a mortgagee in possession or as a licensee, or otherwise and includes a person who is likely to be benefited by the Command Area development work, and the expression "Land holding" shall be construed as land held by a land holder;
(23)"Member" means the member of the Command Area Development Board, unless and otherwise specified/referred as member of any other body, institution, corporation etc. under this Act;
(24)"Notification" means a Notification published in the Goa State Gazette and the expression "notified" shall be construed accordingly;
(25)"pipe outlet" means an opening or contrivance constructed by the State Government in an irrigation system through which water is delivered for irrigation at the periphery of the localised area ordinarily not exceeding 40 hectares;
(26)"prescribed" means prescribed by rules made this Act;
(27)"Scheduled Castes" and "Scheduled Tribes" shall have the same meaning as assigned to them in the Constitution;
(28)"Small farmer" means a person who holds, whether as owner, tenant or mortgagee with possession or partly in one capacity or partly in another capacity a land, as defined for the purpose of availing benefits of RDA Schemes in Goa;
(29)"Superintending Engineer CAD" means an Officer of the rank of Superintending Engineer of [Department of Water Resources] [In the section 2 and 9 of the Act for the words 'Irrigation Department' whenever they occur, the words 'Department of Water Resources' substituted by the Goa Command Area Development (Amendment) Act, 2001 (Goa Act No. 37 of 2001) published in the Official Gazette, Series I No. 9 dated 31-5-2001.] on deputation to CAD Board, with all powers as delegated to the officer of equivalent rank in Department of Water Resources;
(30)"systematic land development" includes all or any of the following works:-
(a)construction of field channels and water courses with related structures;
(b)construction of field drains with related structures;
(c)land shaping, including grading levelling, bunding and the like;
(d)realignment of field boundaries and rectangularisation of plots and consolidation of land holding under a pipe outlet, or under an adjacent pipe outlet, wherever necessary, for efficient farm management;
(e)lining of field channels, wherever necessary, with suitable material to prevent seepage of water;
(f)construction of farm roads with related structures:
(31)"Water Distribution Co-operative Society" also called as "Pani Vantap Vyavstha Sahakari Saunstha Maryadit" means co-operative society of farmers of command area of any irrigation project formed at a hydraulic Unit, like water course(s) and registered under the relevant Co-operative Societies Act, for the purpose of efficient water management and implementation of CAD programmes;
(32)"wet land" means land localised for heavy irrigation crops, like paddy, sugarcane and banana.Chapter - II