FARMERS' ORGANISATIONS
40. Legal Status of an FO –
1) A FO constituted under this Ordinance -
a. shall be a body corporate, having perpetual succession and a common seal and shall by the same name, sue and be sued;
b. shall have power to rent, lease , acquire, hold and dispose of property save that it shall not hold or dispose of land belonging to Government and such land shall be held in trust for Government;
c. shall exercise independent judgment in the conduct of its business; and
d. shall represent the farming community of the designated area of jurisdiction of minor/distributary, including non-agricultural users.
2) The boundaries of the area of jurisdiction of the FO which shall be hydrological boundaries, encompassing the areas served by distributaries or minors, shall be clearly delineated on a topographic map of scale sufficient for the purpose and kept in the office of the FO.
3) The boundaries of the area of jurisdiction of the FO may not follow contiguous hydrological boundaries if the members are non-contiguous WCAs which receive water through lift schemes or direct outlets. In the case of lift schemes and direct outlets, special conditions may apply in accordance with the regulations framed by the FO.
41. Registration –
1) An FO shall acquire its legal status through registration, for which its members may make application to the Regulatory Authority; which shall be subject to the condition that 2/3 of the command area of the FO is covered by WCAs.
2) The application for registration shall furnish the information as may be prescribed by regulations framed by the Regulatory Authority which shall include a certified copy of the Register of abiana payers including leaseholders falling within scope of the law relating to tenancy for the time being in force.
3) On receiving an application under sub-section (1) , the Regulatory Authority shall serve notice on the relevant AWB or, where there is no AWB, on the SIDA which within 4 weeks shall subject its comments on the application in writing.
4) The Regulatory Authority, on receipt of the comments of the AWB, or as case may be the SIDA, shall register FOs if the AWB or the SIDA's objections are resolved and the FO has fulfilled the conditions laid down in the regulations.
42. Membership of an FO –
1) Membership shall be open only to WCAs and DBGs, if any, situated within the command area of the FO;
2) Individual membership of an FO shall not be made available;
3) An FO shall act through its General Body.
43. General Body –
1) The General Body shall comprise representatives of the WCAs and DBGs within the area of command of the FO.
2) Each WCA and DBG shall elect one representative to the General Body in accordance with the regulations of the FO.
3) If the number of WCAs and DBGs together is less than 21, they shall each elect one equal number of representatives in the General Body to make it comprise at least 21 members.
4) A member of the General Board may by writing under his hand resign from his office.
44. Meetings of the General Body –
1) The inaugural meeting of the General Body shall be called by the Regulatory Authority by giving notice in good time to all WCAs and DBGs situated within the FO's jurisdiction.
