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A bill having such provisions was introduced in the state assembly on Tuesday amid opposition from the Congress. The Gujarat Irrigation and Drainage Bill, 2013, which was introduced in the state assembly seek to replace and repeal the existing Gujarat Irrigation Act 1879.
The bill proposes 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 proposes 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.
Explaining the rationale behind the Bill, water resources minister Babu Bokhiria told the house, "At present the irrigation through surface water and ground water is regulated by the Gujarat Irrigation Act, 1879. Consistent with the principles and guidelines for equitable and efficient irrigation through adoption of rotational water distribution system and supply of water, levy of water rates on volumetric basis and participation of farmers in irrigation management, it is considered necessary to enact the fresh legislation replacing the Gujarat Ittigation Act, 1879."
"The main object of the (new) 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 minister said in the assembly while proposing the bill.
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. It also proposes participation of farmers in the water management by requiring them to form associations for obtaining water for irrigation on volumetric basis.
Congress chief whip in the assembly Balwantsinh Rajput opposed nearly half of the provisions of the Bill and claimed that it would be a disaster for the farmers of the state.
"In Gujarat industries do not need a licence to extract ground water, but now (with this proposed Bill) a poor farmer will have to obtain a licence to get water for irrigation," Rajput said in the House during discussion on the Bill. He also opposed the provision of jail for farmers if they were found violating the provisions of the Bill.
"We thought that the minister will bring in some good news for the farmers but he has proposed is opposite of what was expected. With this bill entire control over water for irrigation would be with the canal officer who is part of the administration. The Bill will cause more harm to the farmers than being helpful," Rajput claimed.
The discussion on the Bill will continue on Wednesday after which it will be put to vote.
