The Bill making it mandatory for farmers to seek licence to construct tubewell, borewell or well, with depth exceeding that prescribed for extracting ground water, was on Wednesday passed with a majority voice vote in the Gujarat assembly even as the opposition Congress staged walkout in protest.
The Gujarat Irrigation and Drainage Bill, 2013, which was introduced in the state assembly on Tuesday seeks to replace and repeal the existing Gujarat Irrigation Act 1879.
On conclusion of discussion on the Bill, it was put to vote on Wednesday by Speaker Vaju Vala on request of water resources minister Babu Bokhiria amid slogan shouting in the House by the Congress party members who were opposing the proposed legislature. They also demanded that the government make changes to certain provisions of the Bill alleging that it would give 'artificial control' of water for irrigation to the administration.
Leader of the opposition Shankarsinh Vaghela claimed that the new Bill had the same colonial ethos like that of the present Act which was introduced by the British in 1879. "The new bill proposes to give artificial control in a way total control over the irrigation water to the canal officer who is part of the administration," Vaghela said, adding that the proposed bill only harm the farmers.
However, since the speaker continued with the voting process, the Congress members started shouting slogans against the bill, tore copies of the bill and threw it on the floor of the house, before staging a walkout. Coming out of the house, Vaghela said that they would take the issue to the people and hold protest across the state.
After the Congress MLAs walked out, the bill was passed with majority voice vote in abscence of the main opposition party.
Earlier during the discussion, justifying the provisions of the Bill Bokhiria said,"We have just removed provisions of the existing law which were redundant now. The new provisions in the Bill will not harm the farmer, but provide his protection." He also justified the appointment of canal officer saying that it was required to monitor 100,000 km long canal network in the state.
The new legislature proposed to appointment of canal officers having rank of additional assistant engineer or above. He has given wide powers to over see the implementation of the proposed bill.
This would include to monitor the irrigation schemes, water distribution, maintenance of irrigation channels, set up and maintain water-gauges and conduct inquiry and examination wherever there is breach of the proposed provisions of the bill.
One of the provisions of the bill is if a farmer, having his own agriculture land, wants to construct a tubewell or borewell or an artesian well, exceeding the depth as prescribed by the government for extracting ground water, he shall have to apply for a licence from the canal officer of his area. And only upon grant of licence from the canal officer, he can construct the tubewell or borewell or artesian well.
The Bill also proposed penal action against the farmers who break this rules. And the penal action could include imprisonment upto six months or fine to the extent of Rs 10,000.
It is also proposed that all farmers with existing tubewell, borewell and artisan well, having depth more than that prescribed by the state government, obtain a certificate from their respective canal officer with in three months of the bill coming in force.
The main object of the Bill is to increase the performance efficiency of irrigation schemes in the state with a view to bring about equitable distribution of water for irrigation with the help of farmers and maximising the benefits from irrigation.
The Bill further proposes to achieve the objectives by providing for realisation of optimum use of water for irrigation; supplying it on basis of volume and charging for the same on volumetric basis.
