The Tamil Nadu Village Panchayats (Transfer of Irrigation Functions to Village Panchayats and Panchayat Union Councils) Rules, 1999

What the rules govern

The Tamil Nadu Village Panchayats (Transfer of Irrigation Functions to Village Panchayats and Panchayat Union Councils) Rules, 1999 govern the transfer and management of specified village irrigation functions. A transfer is limited to a minor irrigation source situated within the relevant Village Panchayat or Panchayat Union Council and not forming part of a river irrigation system.

Tanks controlled by the Public Works Department cannot be transferred, even when they are not connected with a river irrigation system.

Who may be affected

The rules affect Village Panchayats, Panchayat Union Councils, government irrigation staff and people holding land supplied by a transferred village irrigation work. Owners and occupiers of irrigated land may be affected by decisions about water supply, irrigation turns and the maintenance of nearby irrigation structures.

Management and water distribution

Once irrigation functions are transferred:

• The Village Panchayat or Panchayat Union Council must make its own arrangements and may employ its own staff.
• It has general control over government work charged labourers connected with the work. The Rural Development Department retains powers concerning their appointment, punishment, dismissal, salary and allowances if they were in service when the source was transferred.
• The local body may determine the order in which land is irrigated, when water supply starts, how long it continues and the total quantity supplied.
• Water regulation must not interfere with an established customary right to preferential or proportional supply.
• The local body decides irrigation turns, but the Village Administrative Officer is responsible for operating the shutters under its general control.
• An appointed committee may be empowered to regulate irrigation turns.

Protection and supervision of irrigation works

The Village Panchayat or Panchayat Union Council:

• Cannot alter sluices, weirs, channels or head works, or interfere with prescribed standards and specifications, without the Collector's prior approval.
• Must watch the irrigation bund during the rainy season.
• Must make good damage caused by its action or failure to act. The Collector's decision on responsibility is final.
• Cannot excavate, or permit excavation, near the bund within the specified distance of ten metres or five times the bund's height, whichever is more.

Maintenance remains under the control and supervision of the Assistant Engineer, Rural Development or Union Engineer, and is subject to inspection. The Government or a delegated authority may resume any transferred irrigation function at any time without giving a reason.