ĐĎॹá>ţ˙ GIţ˙˙˙F˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙ěĽÁ7 đż2bjbjUU "D7|7|-tƒ˙˙˙˙˙˙lâââňô ô ô 8, 8 , hp p 4¤ ¤ ¤ ¤ ¤ ¤ šťťťťťť~! ž#ˆť¤ ¤ ¤ ¤ ¤ ť¤ ¤ Ф ^¤ ¤ š¤ šŔÖŽ)he¤ d ń6ŽüĆŢô  ö‘eTć0 ĄÄ&$ř &$eŮRules Regime For Institutional Sustainability Anil C. Shah Umashankar Joshi, the renowned Gujarati poet, sought blessings that in independent India, the leaders who are in the forefront to shoulder responsibilities for the nation would be the last in the line to garner benefits. Reading Professor Dinesh Shukla’s article titled “Where is the rule of law?” in Gujarati fortnightly Nireekhsak,( July 16, 2006), one would think that far from waiting patiently in the back rows and allowing others to go forward to gather their share , our leaders corner all the offerings and do not leave even a morsel for others. Professor Shukla has illustrated this scenario with striking examples: In Delhi, numerous illegal constructions and instances of unauthorised use of buildings have posed threats to health and security of the residents in many areas. When the court gave a verdict against these unlawful acts, the Bharatiya Janata Party and the Congress leaders joined together and brought pressure on the central government to issue an ordinance to nullify the court order. Various political parties got together and passed unanimously the bill on ‘Office of Profit’ to protect their leaders. Even after they cease to be ministers or members of parliament, politicians do not move out of their official residences and ignore notices to vacate. Political leaders enact the laws and make rules and regulations and then they modify them to overturn unfavourable court verdicts, based on the law, for their benefit. Professor Shukla says that our political class and our elites act as if they are above law. I would like to present some initiatives which, if developed, would fulfill Professor Shukla’s expectation that those who make laws should abide by them. A “Fancy Idea” in Samadhiyala: Birth of a stream As you travel from Junagadh to Veraval, you come to Gadu which lies close to the Chorvad crossroads. Gadu is on one bank of river Meghal, and the village of Samadhiyala is on the opposite bank. Samadhiyala is a poor village with mixed population of kolis, ahirs, muslims, and harijans. Until 1988, Samadhiyala had no facility for irrigation. In 1988, a lift irrigation scheme was set up that lifted water for irrigation from river Meghal. Soon, problems were encountered in the management of the scheme. Farmers began taking water out of turn, wasting it, and quarreled using foul language when told to observe rules. Two employees of the scheme who used to distribute water were so fed up, they left the job. In 1998 I visited Samadhiyala and realised that unless the situation was brought under control, the irrigation cooperative (IC) will go the way of other cooperatives. While discussing the need for strict implementation of rules with the members of the IC, I suggested that there should be a provision for imposing penalty for breaking the rules and the rules should be rigorously implemented. If an office- holder disobeys the rule, his fine should be twice the amount for others.. The task of penalising members for breaking rules should be entrusted to a ‘justice committee’. This was just a fanciful idea then -- a wish to put into practice the principle that those who make the law should set an example by observing it. The idea caught on. For breach of every rule, a fine was fixed. The rules included not taking water out of turn, not to waste water, irrigating only the land that has been agreed upon for the season, not quarreling with and abusing a person who insists on observing the rule, etc. The amount of fine would go up second time a rule is broken. On the third occasion, the farmer has to give a written apology in addition to the fine. If the farmer continues to break the rule, he would then get the last turn to irrigate his field.. The case of rule breaking will be reported to the justice committee whose decision will be binding. To call an immediate meeting of the justice committee, the complainant will have to pay a fee of Rs. 51. The fine amount varied from Rs. 51 to Rs. 551. How the arrangement worked out in practice is illustrated with a few examples. No water was given to Gova Khima for one entire season because he had broken a rule. Flouting the ban, Gova Khima diverted water towards his land. The IC chairman, Naran Bhuda, had crop sharing arrangement with Gova, assuring him irrigation facility . The justice committee fined chairman Naran Bhuda and asked for a letter of apology. He was reluctant initially, but realised that office- holders should set an example and tendered a letter of apology. One of the mature, prudent office holders, Rudabhai who was the vice-chairman, bought land from a member of the IC. The original landholder did not irrigate it, but Rudabhai demanded water from the IC. The IC declined his request. Rudabhai announced that he had the right to water and the IC is being unjust to him in denying water. He declared that he will not put up with it. He talked to me on the telephone. I said that I cannot give an opinion without knowing the details of the case, but he should accept the ruling of the IC for the time being. Rudabhai abided by the IC ruling. For about fifteen years, Samadhiyala IC has been running the lift irrigation scheme. The total fine collected is about Rs. 15, 000. In the past few years, the need to enforce the rule strictly has declined. For instance, Hamir Samant who could mouth only foul language has stopped using it altogether. As a result, income from fines has gone down. The Samadhiyala IC is financially solvent; it has a corpus of Rs. seven lakhs. If you ask the leaders of the IC the reasons for satisfactory management of the IC, they would mention as a reason the effect of sensible rules and their stringent implementation. Jhadka a neighbouring IC, which was set up later, has neither and therefore has ceased to function. People may say that as a chief executive officer of the AKRSP , I had maintained close contact with the Samadhiyala IC and that is the reason for its exceptional performance . But let us see what happened when we got a chance to extend the experience of Samadhiyala to other ICs. The ‘fanciful’ idea moves on: trickle becomes a stream. In 1994, I promoted an organisation called Development Support Centre. In 1995, when participatory irrigation management was introduced in the Dharoi project in the Mehsana district, once again I took up the idea of rule-compliance: Straightforward rules for timely supply of water and its efficient use. Fixed fines for breaking rules – double for office- holders. Setting up a ‘justice committee’ to decide the punishment for breaking rules. These basic tenets have been accepted and implemented extensively, because they are seen as practical, in addition to being principled. In early 2006 there were 117 ICs in existence. Upon examining 40 of them, which have been at least one year old, one finds that the members have accepted these basic principles including twice as much fine for office holders. No longer is it necessary for them to implement the rules forcibly. The following rules are accepted ungrudgely: Pay water charges as fixed by the IC. Apply for irrigation water by the due date. Take water only when it is one’s turn to take it. Do not damage the canal for personal gain. The Irrigation Department wishes to do all that is done in Dharoi, but faces severe difficulties because of lack of participatory approach and proper management. Whereas the government manages to recover, on an average, 55% of water charges, the recovery is 100% by participatory ICs even when their water charges are 20 to 50% higher than government rates.. As a result, the average corpus of these ICs has been Rs1 lakh, some of them have been able to build a reserve fund of Rs. 2.5 lakhs . Water is so important to farmers that when it is flowing in a nearby field channel , they are tempted to divert it to their fields, even if out of turn. When a farmer diverts water into his fields without asking the operator, he is fined Rs. 150 to 250.. If a farmer has damaged a canal, the justice committee would visit the broken portion of the canal and impose a fine of Rs. 150 to Rs. 300. When the IC is being formed, its leaders are given training by the DSC. The need to make rules, fix a fine that a breach of rule, and the principle of doubling the amount of fine for the office bearers of the IC, and setting up of a justice committee and its duties are all explained and emphasised during the training. It is difficult to implement rules for the first two years, but once there are a couple of instances in which the headstrong leaders are fined, the farmers are reassured that rules will be observed for all. In rare cases when the farmer refuses to pay the fine or to accept his punishment, a police case is filed. Then onwards, there is less need for forcible application of the rules. In their first six years, 16 ICs had collected Rs. 12, 500 from the fines imposed. During the main irrigation -- Rabi -- season, two ICs collected Rs. 1,780 from two office-holders. The Irrigation Department, Gujarat and the DSC have worked together and planned that the most of 229 ICs of Dharoi, Guhai, and Mazam projects would adopt and implement by 2008 the set of rules similar to those mentioned above. Principled implementation of rules has smoothened management in a number of ICs: Members behave responsibly, water is not wasted and hence it reaches even the tail-enders, and more efficient use of water has led to a rise in the crop production by 8-10%. Farmer-members of the ICs in the command area of the Dharoi, Guhai, and Mazam projects have appreciated the benefits of participatory management of irrigation to such an extent that they are ready to contribute 20% towards the cost of rehabilitation of the canal whereas the norm in the state is 10% contribution.. The rules are more less the same in all ICs. However, the detailed conditions and the amount of fine are determined by local IC to suit local circumstances. Lessons What lessons can be drawn from these experiences? What processes are necessary to make obeying rules a widespread phenomenon? A fruitful, useful idea may be just a fanciful notion in the beginning. Initially, the idea is to be implemented on a small scale; it is necessary to work out a model. While such idea is introduced in a new setting a capable NGOs first explains the idea and provides training It needs to be pointed out to members as well as to office- holders that in the beginning there will be difficulties, but finally gains will outweigh the hardships. To drive the point home, visits should be arranged to villages that have benefited from rule regime Supporting organization, an NGO and also Irrigation Department should be available to help when ICs face difficulties. Disciplined behaviour of members and leaders conducting themselves with responsibility as illustrated above in case of North Gujarat ICs is not an isolated oasis. The rich social fabric of Gujarat will have many. If they are documented and published, we will be able to appreciate the richness of public life in a wider perspective. We need to reflect on the lessons that could be drawn from this experience so that the expectations of Professor Dinesh Shukla and the poet Umashankar Joshi are fulfilled. Greatness of Small Men I am tired of witnessing smallness in great men, I pass my days noting greatness in small men. 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