MAHARASHTRA MANAGEMENT OF IRRIGATION SYSTEMS BY FARMERS RALES, 2006

PREAMBLE

In exercise of the powers conferred by subsection (1) read with subsection (2) of section 76 of the Maharashtra Management of Irrigation Systems by Farmers Act, 2005 (Mah. XXIII of 2005), and of all other powers enabling it in that behalf, the Government of Maharashtra is hereby pleased to make the following rules, namely:

CHAPTER I PRELIMINARY

Rule - 1. Short title and commencement.

(1)     These rules may be called the Maharashtra Management of Irrigation Systems by Farmers Rules, 2006.

(2)     They shall come into force on the date of their publication in the Official Gazette.

Rule - 2. Definitions.

In these rules, unless the context otherwise requires,

(a)      “Act” means the Maharashtra Management of Irrigation Systems by Farmers Act, 2005 (Mah. XXIII of 2005);

(b)      “Annexure” means the Annexures appended with these rules;

(c)      “Election Officer” means an officer appointed by the Appropriate Authority for the conduct of election of the Directors of the Water Users’ Association;

(d)      “Form” means the forms appended with these rules;

(e)      the expressions “land holders and occupiers of land” shall have the meaning respectively assigned to them in the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966);

(f)       “section” means a section of the Act;

(g)      Words and expressions used in these rules but not defined herein, shall have the meanings respectively assigned to them in the Act.

CHAPTER II DELINEATION OF AREA AND WATER USERS’ ASSOCIATION

Rule - 3. Delineation of areas.

The Canal Officer for delineating the area of operation of the Water Users’ Association at Minor Level, Distributary Level Association, Canal Level Association, Project Level Association and Lift Irrigation Water Users’ Association shall follow the guidelines specified in Annexure1.

Rule - 4. Alteration of areas of Water Users’ Association.

(1)     Notification under section 5, making amalgamation, division or in any way altering the boundaries of the Water Users’ Association at all levels shall not be issued by the Appropriate Authority unless, a fifteen days public notice calling objections and suggestions regarding such amalgamation, division or alteration from the Water Users’ Association and holders or occupiers of the lands likely to be affected thereby, is displayed on the notice board of the office of the concerned Canal Officer and also at the prominent public places in the area of operation of the concerned Water Users’ Association; and the objections and suggestions so received are duly considered by the Appropriate Authority.

Rule - 5. Registration of Water Users’ Association at Minor Level.

(1)     After the area of operation of the Water Users’ Association at Minor Level has been delineated under section 6, the holders and occupiers of the land so delineated shall form a Water Users’ Association. As soon as the association is formed, the concerned Canal Officer shall, on verification and identification of the membership of the Water Users’ Association call a first general meeting of all the members so identified by giving proper prior publicity by way of displaying the notice of the said meeting at prominent public places in the area of operation of the Water Users’ Association.

 

(2)     The notice of the meeting under subrule (1) shall be displayed at least seven days prior to the actual date of the meeting.

 

(3)     Such meeting shall be presided over by the concerned Canal Officer and the Canal Officer shall inform all the members present therein about the registration of the Water Users’ Association. The members present in the meeting shall decide the suitable name for the said Water Users’ Association by passing a resolution with majority. The Canal Officer shall enter the said name of the Water Users’ Association in the register to be maintained at the office of the Canal Officer in the format specified in FormI to Annexure1.

 

(4)     The Canal Officer shall display at the prominent places in the area of operation of the Water Users’ Association, the name of the Association, its registration number, the date of registration and the area of operation of the Water Users’ Association.

 

(5)     A register of Water Users’ Association shall also be maintained in FormI to Annexure1, at the project level by the concerned Canal Officer and also at the River Basin Agency Level by the officer designated in this behalf. A list of duly constituted Water Users’ Association shall also be maintained by the Maharashtra Water Resources Regulatory Authority and the Water Resources Department of the Government.

 

(6)     If, in any area of operation of a Water Users’ Association at Minor Level no such Water Users’ Association is constituted, the Appropriate Authority shall entrust the functions of such Water Users’ Association to any Government agency or cooperative society or any other Water Users’ Association by order in the Official Gazette, till such association is constituted and functioned. However, in no case such functions shall be entrusted for a period exceeding one year :

Provided that, the Appropriate Authority before issuing any such order of entrusting such functions shall ascertain the willingness of such agency or Cooperative Society or, as the case may be, an Association.

(7)     The provisions of subrules (1), (2), (3), (4) and (5) shall, mutatis mutandis, apply for the registration of the Distributary Level Association, Canal Level Association, Project Level Association and Lift Irrigation Water Users’ Association.

Rule - 6. Managing Committee of Water Users’ Association at Minor Level.

(1)     The Managing Committee of the Water Users’ Association at Minor Level shall consists of,

(a)      nine Directors elected by the members of the said Water Users’ Association having area of operation less than five hundred hectares of culturable command area;

(b)      twelve Directors elected by the members of the said Water Users’ Association having area of operation more than five hundred hectares of culturable command area:

Provided that, from amongst the elected Directors in each clauses (a) and (b) there shall be not less than one woman Director each from the Head, Middle and Tail reach territorial constituencies of the concerned Water Users’ Association :

Provided further that, in the remaining Directors in clause (a) there shall be two Directors, from each Head, Middle and Tail reach territorial constituencies and in clause (b) there shall be three Directors from each Head, Middle and Tail reach territorial constituencies; however, any member of the concerned Water Users’ Association irrespective of his caste or gender shall be eligible for election of the Director subject to the fulfillment of other required qualification;

(c)      the concerned Sectional Engineer or Junior Engineer or Assistant Engineer (GradeII), as the case may be, under whose jurisdiction the area of operation of the Water Users’ Association lies shall be the ex officio Director of the Managing Committee of that Water Users’ Association, but he is not entitled to vote.

 

(d)      the Secretary having qualifications prescribed in rule 9.

 

(2)     The provisions of subrule (1) shall mutatis mutandis, apply constitution of the Distributary Level Association, Canal Level Association, Project Level Association and the Lift Irrigation Water Users’ Association.

Rule - 7. Election of Directors of Managing Committee of Water Users’ Association at Minor Level.

(1)     The Canal Officer shall make arrangements for conduct of elections of the Directors of the Managing Committee of the concerned Water Users’ Association at Minor Level including for securing the assistance of various Government agencies as and when required. The procedure for conducting the elections is as specified in Annexure2.

 

(2)     For holding elections of the Managing Committee the area of operation of the Water Users’ Association shall be subdivided into three exclusive areas, such as, Head Reach Area, Middle Reach Area and Tail Reach Area which constitute individually as the territorial constituencies for the purpose of elections. The members belonging to these three reaches shall constitute the Head, Middle and Tail reach territorial constituencies for election purposes. The member who has completed eighteen years of age is entitled to vote and the member who has not completed eighteen years of age his guardian shall be eligible to participate in the process of election on behalf of the minor member subject to the provision that a single person shall enjoy only one vote.

 

(3)     In the event of nonrepresentation of the Scheduled Castes or Scheduled Tribes in the elected Directors of the Managing Committee, the elected Directors shall call for the applications for filling up of two additional posts of Directors from amongst the eligible Scheduled Castes or Scheduled Tribes members residing within the area of operation of the Water Users’ Association:

Provided that, if there is no availability of a member of the Scheduled Caste or Scheduled Tribe in the entire area of operation of the Water Users’ Association then there shall be no nomination to the post of Director and the post shall remain vacant till availability of a Scheduled Caste or Scheduled Tribe member.

(4)     In the event of nonrepresentation of woman member on any post of Director reserved for the woman member, the elected Directors of the Managing Committee shall call for the applications for filling such post of Director from amongst the eligible women members residing in the territorial constituency to be represented :

Provided that, if no application is received from any woman member in the given territorial constituency then the said post of Director reserved for women shall be filled by calling applications from amongst the women members residing in other territorial constituencies of the said Water Users’ Association:

Provided further that, if no application is received from any women member as provided in the first proviso, the post reserved for women shall be filled by nomination of any member by applying the procedure laid down for filling of vacancies in rule 21.

(5)     The applications under subrules (3) and (4) shall be called within a period of seven days from the date of the election of the Chairperson of the Managing Committee of the said Water Users’ Association. Upon receipt of such applications, the Managing Committee shall convene a meeting within a period of three days from the last date fixed for receipt of the applications. In such meeting the elected Directors of the Managing Committee shall nominate the Scheduled Castes or Scheduled Tribes or women Directors, as the case may be, from amongst the applicants by majority vote.

 

(6)     Nominated Directors shall have all the rights of the elected Directors except right to vote in the election of Chairperson and right to contest the election for the post of Chairperson of the Water Users’ Association.

 

(7)     The Election Officer shall call for the applications for the post of two or as the case may be, three Directors, each from Head, Middle and Tail reach territorial constituencies and one post of Director each from Head, Middle, Tail reach territorial constituencies from women members as, mentioned in subrule (1) of rule 6.

 

(8)     For contesting the election from Head or Middle or Tail territorial reach constituency, the member shall be from the particular reach only. Where a landholder or occupier holds or occupies a land situated in the area of operation of more than one territorial reach constituency of the Water Users’ Association, such member shall be eligible to contest the election for the post of Director from only one territorial constituency opted by him in the nomination paper submitted to the Election Officer in FormVI to Annexure2.

 

(9)     The procedure for the conduct of election of the Managing Committee of the Water Users’ Association shall be as specified in Annexure2. While conducting such elections the Canal Officer shall follow the orders or directions issued by the Water Resources Department, from time to time, for fair and free elections.

 

(10)   The expenditure on account of holding the very first election to the Managing Committee of the Water Users’ Association shall be borne by the State Government. If the election of all the Directors of the Managing Committee of any Water Users’ Association is unanimous then the amount equal to an approximate probable expenditure on account of the process of election, shall be paid to the concerned Water Users’ Association as a grant from the Government. Such amount of approximate expenditure shall be decided by the Appropriate Authority and it shall be final. However, the expenditure for holding subsequent elections shall be borne by the concerned Water Users’ Association.

 

(11)   Where due to exceptional circumstances such as scarcity, drought, flood, fire or any other natural calamity or any election programme of the State Legislature or the Parliament or a local authority coinciding with, the election programme of any Water Users’ Association or such other reasons as, in the opinion of the Appropriate Authority are exceptional and it is not in the public interest to hold elections to any Water Users’ Association, the Appropriate Authority may, for reasons to be recorded in writing, by general or special order, postpone the election of any Water Users’ Association, for a period not exceeding one year.

 

(12)   The Canal Officer may pending election and constitution of a Managing Committee appoint an Ad hoc Managing Committee having the same structure as provided in rule 6 and the tenure of such Adhoc Managing Committee in any case shall not exceed one irrigation year.

 

(13)   The provisions of subrules (1) to (12) shall mutatis mutandis, apply to the elections of the Managing Committee of the Distributary Level Association, Canal Level Association, Project Level Association and the Lift Irrigation Water Users’ Association.

Rule - 8. Election of Chairperson of Water Users’ Association at Minor Level.

(1)     The Canal Officer shall make arrangements for conduct of elections of the Chairperson of the concerned Water Users’ Association at Minor Level including for securing the assistance of various Government agencies as and when required. The procedure of conducting the ejections is as specified in Annexure2.

 

(2)     After the elections of Directors of Managing Committee of the Water Users’ Association at Minor Level, the first meeting of the Managing Committee shall be held within a period of thirty days from the declaration of the results. The Chairperson of the Water Users’ Association shall be elected by the simple majority from amongst the elected Directors either by show of hands or through secret ballots as decided initially by the Canal Officer.

 

(3)     The tenure of the Chairperson shall be for a period of two years from the date of election as Chairperson and the office of Chairperson shall be rotated in the cyclic order as amongst Tail, Middle and Head territorial reaches in the manner that, the first Chairperson shall be elected from the Tail reach and then the subsequent Chairperson shall be elected from Middle and thereafter Head territorial reaches :

Provided that, out of first two tenures if a woman Director of Managing Committee has not been elected as Chairperson then unless there is no elected woman Director the third tenure of Chairperson shall be exclusively reserved for woman Director of Managing Committee.

(4)     The provisions of subrules (1) to (3) shall mutatis mutandis, apply to the elections of the Chairperson of the Distributary Level Association, Canal Level Association, Project Level Association and the Lift Irrigation Water Users’ Association.

Rule - 9. Appointment, Service Conditions, Qualifications and Pay and Allowances payable to Secretary.

(1)     The Secretary of the Water Users’ Association at Minor Level shall be appointed by the Managing Committee by the Water Users’ Association on contract basis for at least one full irrigation year initially. After completion of the period of one year, if, the performance of the Secretary so appointed is found to be satisfactory, the Managing Committee may extend his contract period by renewing the contract for a period as the Managing Committee thinks fit.

 

(2)     The terms and conditions of the service for the post of Secretary shall be fixed by the Managing Committee.

 

(3)     (a) A person with following qualifications may be appointed as a Secretary who,

(i)       having passed the Secondary School Certificate Examination;

 

(ii)      having age not more than 65 years;

 

(iii)     having adequate knowledge of Marathi language;

(b) A preference shall be given to a person,

(i)       who has previous experience of working in any Cooperative society or Water Users’ Association in rural areas; and

 

(ii)      who has obtain a training from the Water and Land Management Institute or alike institution.

 

(iii)     who is a retired Teacher or retired Government servant or exserviceman.

 

(4)     The pay and allowances of the Secretary shall be fixed by the Managing Committee of the Water Users’ Association considering the area of operation and responsibilities required to be discharged by the Secretary. The pay and allowances so fixed shall be paid exclusively by the concerned Water Users’ Association and the Government shall not in any way responsible for such payments or for any other liability as such.

 

(5)     The Secretary shall reside within the area of the concerned Water Users’ Association, and he shall execute a indemnity bond with the concerned Water Users’ Association for financial responsibility.

 

(6)     The provisions of subrules (1), (2), (3), (4) and (5) shall, mutatis mutandis, apply to the Secretary of the Distributary Level Association, Canal Level Association, Project Level Association and the Lift Irrigation Water Users’ Association.

Rule - 10. Procedure for recall.

The members of the Water Users’ Association at any level who desire to move a motion of recall against any Director of a Managing Committee of the Water Users’ Association shall give notice thereof in FormXI to Annexure2, to the concerned Canal Officer. The Canal Officer shall follow the procedure as specified in Part VII of Annexure2.

Rule - 11. Constitution of SubCommittees.

(1)     As provided in section 20, the Managing Committee of a Water Users’ Association at Minor Level may constitute SubCommittees comprising of minimum three members each for carrying out different functions vested in such Water Users’ Association particularly taking into consideration the aspects of agriculture, water management, animal husbandary and dairy development.

 

(2)     The members of such SubCommittees shall be nominated by the Managing Committee of a Water Users’ Association either from its Directors or from amongst the General Body members and if necessary, the professionals from outside.

 

(3)     The Chairperson of each SubCommittee shall also be appointed by the Managing Committee from amongst the members of the SubCommittee.

 

(4)     The role of such SubCommittee shall be advisory in nature and its advice shall be in the form of the recommendations. The Managing Committee is empowered to take the final decision on the recommendations of such SubCommittee.

 

(5)     The provisions of subrules (1), (2), (3) and (4) shall, mutatis mutandis, apply to the SubCommittees of the Distributary Level Association, Canal Level Association, Project Level Association and the Lift Irrigation Water Users’ Association.

Rule - 12. Agreement.

(1)     There shall be an Agreement between the Water Users’ Association and the Upper Level Water Users’ Association or the Canal Officer, in the format specified by the Appropriate Authority :

Provided that, except the Water Users’ Association at Minor Level, all the Upper Level Water Users’ Association shall have to furnish a bank guarantee equivalent to fifty per cent. of the annual water charges as a security deposit.

(2)     Such Agreement shall be valid till it is cancelled by the concerned parties to the Agreement or their legal successors and it can be modified at any time by mutual consent of the parties to the Agreement.

 

(3)     The note of such Agreement shall be kept by the Water Resources Department in the format specified in FormA.

Rule - 13. Participation in Repairs and Renovation Works.

The Participation of the Water Users’ Association in Repairs and Renovation Works shall be as determined by the Government from time to time.

Rule - 14. Flow Measurement, its record and periodic evaluation of flow measuring device.

The procedure for accurate flow measurement, its proper record, periodic evaluation of measuring devices and ascertaining the volume of water for a period in which measuring device is out of order shall be as specified in Annexure3.

Rule - 15. Freedom of recyling irrigation water and use of ground water.

(1)     The Water Users’ Association at all levels shall take all possible measures to keep ground water table in its area of operation within 3 meters from ground level, to avoid the incidents of salinity and water logging. The Water Users’ Association shall duly promote the use of ground water to meet these objectives.

(2)     In order to ensure equity of water supply within a project and to protect environment the Appropriate Authority shall, whenever and wherever found necessary, impose any of the following restrictions on the use of ground water.

(a)      Horizontal or Lateral bores shall not be taken.

(b)      The depth of the bore holes or dug wells shall be as specified by the Appropriate Authority.

(c)      The Water Users’ Association shall utilize ground water in its area of operation only. However, the Appropriate Authority may permit the use of ground water beyond the area of operation of Water Users’ Association only for valid purposes as approved by the Appropriate Authority.

Rule - 16. Power to levy charges for supply of water and minimum charges to Water Users’ Association.

The Appropriate Authority shall have the power to levy the rates for supply of water and the minimum charges to the Water Users’ Association as determined from time to time by the Maharashtra Water Resources Regulatory Authority.

Rule - 17. Recovery of previous dues of water rates.

The Water Users’ Association at all levels shall be allowed to keep with them such percentage of the recovered amount of previous dues as decided by the Government, from time to time.

Rule - 18. Supply of water as per entitlement.

The applicable water entitlement as decided by the Maharashtra Water Resources Regulatory Authority (MWRRA) or the River Basin Agency (RBA) shall be supplied from time to time as per the Agreement to the Water Users’ Association at appropriate level. It shall be the responsibility of the Canal Officer to monitor and ensure that every member of the Water Users’ Association receives the quantum of water as per applicable water entitlement.

Rule - 19. General powers of OfficeBearers and Secretary of Water Users’ Association.

Unless otherwise provided in the Act or rules made thereunder, any Director or the Secretary specifically empowered in that behalf by the Managing Committee shall discharge the functions of the Water Users’ Association to achieve the objectives of the Act.

Rule - 20. Removal of encroachments.

If there are any encroachments in the area of operation of Water Users’ Association, the concerned Water Users’ Association at any level shall take the following steps to remove the encroachments,

(1)     Discuss and accordingly take decision about the encroachment in the meeting of the Managing Committee.

 

(2)     As per the decision taken by the Management Committee, the Water Users’ Association shall make efforts’ to remove the said encroachment.

 

(3)     In case of a failure to remove the encroachment, the Managing Committee shall inform the concerned Canal Officer in writing about the decision and efforts taken by the Committee for removal of encroachment.

 

(4)     Help the concerned Canal Officer in carrying out the survey and preparing official report about the encroachment.

 

(5)     Assist the concerned Canal Officer in removing the encroachment as per the directions issued by the Government from time to time.

Rule - 21. Filling up of vacancies.

Vacancy arising for the post of Director of Managing Committee on account of death, resignation, recall, disqualification or by any other reason, shall be filled by the Managing Committee by nomination of any of the eligible member of the concerned Water Users’ Association. Such nomination shall be done within a period of fortyfive days from the date of arising of such vacancy. Normally, the nomination shall be done through unanimous resolution passed in the meeting of the Managing Committee. If, unanimous decision regarding filling of such vacancy is not reached, the decision shall be taken by the majority of the Directors present and voting by show of hands or by voice vote.

Rule - 22. Other Accounts, Records and Documents.

The books of accounts and other records maintained by the Water Users’ Association at all levels shall be open for information to all the members of such Association free of cost during working hours on any working day at the office of the Water Users’ Association. However, if a copy of any document is required by any member, the same shall be made available by the concerned Water Users’ Association on written demand and on payment of a fee as stipulated by the Managing Committee, from time to time.

Rule - 23. Dissolution of Managing Committee of Water Users’ Association and transitional arrangements.

Before dissolving the defaulting Water Users’ Association at any level, the following steps shall be taken by the concerned Appropriate Authority:

(i)       Issue a show cause notice indicating the lapses or defaults made by the Water Users’ Association:

 

(ii)      Provide necessary guidance and counselling for improving the performance of the defaulter Water Users’ Association in respect of the lapses or defaults notified:

 

(iii)     Monitor the performance of the Water Users’ Association for six months from the date of issue of such show cause notice:

 

(iv)    If no improvement in the performance of the Water Users’ Association to the satisfaction of the Appropriate Authority is observed, even after the steps mentioned above are taken, the Appropriate Authority shall, in consultation with the next Upper Level Water Users’ Association or Canal Officer, as the case may be, dissolve such defaulting Water Users’ Association.

 

(v)      For the purpose of dissolution of the Management Committee, the following shall be the Appropriate Authority :

(vi)    Even after reconstitution of the Managing Committee under subsection (1) of section 37, the Managing Committee so reconstituted does not function, the Appropriate Authority, in consultation with the next Upper Level Water Users’ Association, after giving reasonable opportunity of being heard, may dissolve such reconstituted Managing Committee and may arrange to handover the management of such Water Users’ Association to the next Upper Level Water Users’ Association or to the concerned Canal Officer as the case may be.

CHAPTER III LIFT IRRIGATION WATER USERS’ ASSOCIATION

Rule - 24. Delineation of area of operation of Lift Irrigation Water Users’ Association.

(1)     Subject to the provisions of rule 3, in the delineated area of a Lift Irrigation Water Users’ Association on reservoir or Kolhapur Type Weir or barrage or river or canal or storage tank, the following shall be deemed to be the members of the concerned Lift Irrigation Water Users’ Association :

(a)      All the owners of the existing Individual Lift Irrigation Schemes.

(b)      All members of the existing Cooperative Lift Irrigation Schemes.

(c)      An members of the existing Lift Irrigation Schemes jointly owned by the landholders or occupiers.

(2)     Sanctions to all Lift Irrigation Schemes under the Act shall be given as per the guidelines issued by the Water Resources Department of the Government from timetotime.

 

(3)     In case of the Lift Irrigation Water Users’ Association, linkages with the Upper Level Associations shall be as follows:

(4)     If, the Lift Irrigation Water Users’ Association are found to be underutilizing (actual utilization is less than Seventy per cent.) its applicable water entitlement, for a period of not less than five consecutive years, then the Canal Officer not below rank of an Executive Engineer shall, after giving a reasonable opportunity of being heard to the concerned Lift; Irrigation Water Users’ Association, cause to get the water entitlement of the Lift Irrigation Water Users’ Association revised. The delineated area of that Lift Irrigation Water Users’ Association shall, for aforesaid reason, be also liable for revision.

Rule - 25. Supply of Electricity to Lift Irrigation Water Users’ Association.

(1)     The Canal Officer, duly empowered in this behalf, shall after holding a meeting with the Chairpersons or representatives of the Lift Irrigation Water Users’ Association decide the areawise and seasonwise schedule of period for lifting of water. The Lift Irrigation Water Users’ Association and the individual lift owners shall strictly observe this schedule.

 

(2)     Electric connections shall be provided to the Lift Irrigation Water Users’ Association or the individual lift owners only on an order of the Canal Officer, not below the rank of an Executive Engineer, duly empowered in this regard.

 

(3)     If, any Lift Irrigation Water Users’ Association or Individual Lift Owner violate any provisions of this rule, such electric connection of the Lift Irrigation Scheme shall be taken away or cut off by the Maharashtra State Electricity Board or the electricity provider on an order to that effect made by the Canal Officer :

Provided that, before passing any such order the Canal Officer shall give a reasonable opportunity of being heard to such Lift Irrigation Water Users’ Association or individual lift owner, as the case may be.

(4)     Any Order of the Canal Officer under subrule (3) shall be binding on the Maharashtra State Electricity Board or the Electricity Provider and it shall enforce the same forthwith.

Rule - 26. Determining water rates for Lift Irrigation Water Users’ Association.

The Appropriate Authority shall determine the water rates on volumetric basis for Lift Irrigation Water Users’ Association and shall notify the same. These rates shall be reviewed and revised periodically as and when the Appropriate Authority may deem fit to do so.

CHAPTER IV ANNUAL IRRIGATION STATUS REPORT, TRIPARTITE AGREEMENT AND OTHER FUNCTIONS OF APPROPRIATE AUTHORITY

Rule - 27. Annual Irrigation Status Report.

To enable the Government to publish the Annual Irrigation Status Report, the Canal Officer shall collect and compile the relevant information from the concerned Water Users’ Association. The Water Users’ Association shall furnish requisite information in time and in the format specified in Annexure4 or in the format asked for by the concerned Canal Officer.

Rule - 28. Tripartite Agreement.

The Water Users’ Association for giving its water quota, by consent of all its members may enter into an annual tripartite agreement between the Water Users’ Association, Canal Officer and private bodies or company. All the parties to the agreement can enter into a new agreement at the end of every year with their mutual consent. As far as possible while entering into such agreement, the following factors shall be observed:

(1)     Consent of all the members of the Water Users’ Association in the form of a resolution of its General Body shall be necessary for entering into the tripartite agreement, and for its renewal or modifications, if any.

(2)     The draft of tripartite agreement shall be prepared by the concerned Canal Officer and shall be consented to and finalised by all the parties to the tripartite agreement. The original draft or the modified or renewed draft of the tripartite agreement shall be prepared by the parties concerned giving due thought to the Water Users’ Association, water use entitlement, soilcropclimate in the area of operation of the Water Users’ Association and other relevant socioeconomic aspects of irrigated agriculture.

(3)     The Canal Officer as a representative of the Appropriate Authority shall be responsible to check whether the agreement is as per the provisions of the Act and the rules thereunder and also to safeguard and protect the Canal System and Government property.

(4)     The terms and conditions regarding services to be provided by the private body or the company to the Water Users’ Association shall be the sole responsibility of such private body or the company and the Water Users’ Association. The Canal Officer and the Appropriate Authority shall not in any way responsible for such services or for any compensation or any such matter related to the tripartite agreement.

(5)     The tripartite agreement shall be valid only in the area of operation of the Water Users’ Association and it shall exclusively be related to the irrigated agriculture only.

(6)     Disputes or conflicts, which may arise in respect of the tripartite agreement, shall be resolved as per the provisions made in the agreement itself.

(7)     The original copies of tripartite agreement shall be kept with each of the parties to the Agreement. Copy of such agreement shall be made available to the concerned members of the Water Users’ Association on written demand and on advance payment of fee as fixed by a Canal Officer, from time to time.

Rule - 29. Other functions of the Appropriate Authority and Canal Officer.

In addition to any other functions, powers and duties the Appropriate Authority and Canal Officer shall have the following other functions,

(a)      to determine and notify by the Appropriate Authority the Applicable Water Entitlement for Water Users’ Association at all levels by following the guidelines specified in Annexure5;

(b)      based on Applicable Water Entitlement determined by the Appropriate Authority in normal or deficit or surplus year, it shall be the responsibility of the Canal Officer to notify the Applicable Water Entitlement and to ensure the supply of water as per the Applicable Water Entitlement on bulk basis measured volumetrically to the Water Users’ Association at all levels at agreed intervals every year;

(c)      to carry out the procedure by the Canal Officer for recall of a Director of a Managing Committee of a Water Users’ Association at any level under section 19;

(d)      to enter into an agreement by the Canal Officer with the Water Users’ Association;

(e)      to perform the functions of the Managing Committee by the Canal Officer during pendency of the reconstitution of the Managing Committee under section 37;

(f)       to monitor and ensure efficient functioning of the Competent Authority in providing assistance and technical guidance to the Water Users’ Association;

(g)      to resolve dispute or differences arising between the members of the Managing Committee of a Project Level Association or between two or more Project Level Associations by the Canal Officer under subsection (2) of section 63;

(h)     to entertain the appeals by the Canal Officer, filed by any person aggrieved by any decision made or order passed by any Managing Committee of a Project Level Water Users’ Association under subsection (2) of section 64;

(i)       to issue after assessment in a prescribed manner, the bill by the Canal Officer for water supplied to the Water Users’ Association and to recover the same;

(j)       to help in preparation of operation plan and annual maintenance plans;

(k)      to get estimates prepared for the repair works identified for execution as per the guidelines of the Water Resources Department of the Government;

(l)       to check that no alteration or change is made by the Water Users’ Association in the canal system, with reference to the approved hydraulic parameters without the permission of the Canal Officer not below the rank of an Executive Engineer;

(m)    to provide technical details of the system to the Chairperson of the Water Users’ Association by the Canal Officer;

(n)     to advise for water regulation, based on the demand and supplies available with suggestion of improvements for seasonal variations;

(o)      to guide for preparation of water budgeting of the Water Users’ Association;

(p)      to help in training the members and other persons nominated by the Water Users’ Association for efficient discharge of their duties by the Canal Officer;

(q)      to follow the guidelines issued by the Water Resources Department to accomplish the objectives of the Water Users’ Association, from time to time.

Rule - 30. Bill and Receipt of Water Charges.

The bill and receipts of water charges for water supplied to the Water Users’ Association at any level shall be in the format specified in Forms B and C, respectively.

Rule - 31. Parameter for evaluating the performance of Water Users’ Associations at Minor Level for initiating formation of Water Users’ Association at Upper Level.

Following parameters are to be used for evaluating the performance of Water Users’ Association at Minor Level for deciding the Schedule of constitution of Water Users’ Association at Upper Level. The procedure for constitution of the next Water Users’ Association at Upper Level shall not be commenced unless, not less than fifty per cent. of the total number of the Water Users’ Association in the area of operation of Water Users’ Association at Upper Level, have satisfactorily complied with the parameters enlisted below,

A.       Functional Parameters :

(1)     Whether there is elected Managing Committee for the Water Users’ Association.

(2)     Whether two General Body meetings have been conducted preferably before the commencement of the irrigation season in any Irrigation year.

B.       Financial Parameters :

(1)     Whether the Water Users’ Association has opened its account in the Bank as provided in section 57.

(2)     Whether the Water Users’ Association has maintained its various accounts in Forms D and E, respectively, and ledgers in FormF properly.

(3)     Whether the Water Users’ Association has started collection of water charges as per the Water Bill specified in Form G from its members so also issued Receipt therefor in Form H and promptly remitted it in its Bank account.

(4)     Whether the Water Users’ Association has issued proper Receipts in Form I, maintained a Cash Book in Form J and also maintained a Payment Register in respect of the payments made in Form K and Dead Stock Register in Form L.

(5)     Whether the Water Users’ Association has started remitting the water charges against the bills received from the Canal Officer.

C.        Administrative Parameters :

(1)     Whether the Water Users’ Association has appointed its Secretary.

(2)     Whether the record of its members within the area of operation i.e., Registration Book for members in Form M and a Pass Book in Form N has been correctly maintained and updated.

(3)     Whether various books of key records listed below as provided by the Water Resources Department of the Government are maintained,

(i)       A register of members of the Water Users’ Association, containing the names of the members, details of their holding of lands in the area of operation of the Water Users’ Association and their water entitlements in the normal year.

(ii)      A copy of the Act, and the rules made thereunder duly modified up to date.

(iii)     A map of the area of operation of the Water Users’ Association alongwith a map of the structure and canal systems.

(iv)    A statement of assets and liabilities.

(v)      A register of the proceedings of the General Body meetings.

(vi)    A register of the proceedings of the Management Committee meetings.

(vii)   A register of the proceedings of the elections and recall of the Directors of the Managing Committee.

(viii)  Books of account showing receipt and payments alongwith money receipt book, cheque register, voucher files and the like.

(ix)    Books of account of all purchases and sales of goods by the Water Users’ Association.

(x)      Register of measurement books, level field books, work orders and the like.

(xi)    Copies of the audit reports and inquiry reports.

(xii)   Water Accounts.

(xiii)  A map showing boundaries of the land acquired by the Government of Maharashtra for the purpose of construction of water conveyance system (Canal and Structures) and other allied activities.

(xiv)  Register of wells, tubewells situated within the area of jurisdiction of Water Users’ Association.

(xv)   Irrigation logbook.

(xvi)  Water charges recovery register.

(xvii) Register of work executed by the Water Users’ Association.

(xviii)   Register of area irrigated.

(xix)  Annual financial budget as specified in Annexure6.

(xx)   Complaint register.

CHAPTER V MEETINGS OF GENERAL BODY

Rule - 32. Meetings of General Body.

(1)     The General Body of the Water Users’ Association shall, at least meet immediately before commencement of each irrigation season. Every meeting of the General Body shall be presided over and regulated by the Chairperson and in his absence, by such one of the members present of the Managing Committee as may be chosen in such meeting to be Chairperson for the occasion.

(2)     A Chairperson, may, on his own motion, or on the written requisition signed by not less than ten per cent. of the total members of the Water Users’ Association at Minor Level having a right to vote or fifty per cent. of the members of the Water Users’ Association at Upper Level having a right to vote, call the meeting of the General Body.

(3)     A General Body meeting may also be held on receipt of a direction in that regard from the Appropriate Authority empowered for the dissolution of the Managing Committee of the Water Users’ Association under rule 23 or by the next Water Users’ Association at Upper Level.

Rule - 33. Quorum.

(1)     At all the meetings of the General Body, the quorum shall be ten per cent. of the total number of members for Water Users’ Association at Minor Level and fifty per cent. of total number of the Water Users’ Association at Upper Level and all resolutions shall be carried by a majority of the members present and voting.

(2)     If there is no quorum for the meeting, the meeting shall be adjourned and be convened again on a date after seven days of the original meeting at the same place and time.

(3)     For the adjourned General Body meeting, no quorum is required and resolution shall be carried by a majority of the members present and voting.

(4)     At a General Body meeting, the items specified in the agenda shall be discussed and no other subjects will be discussed without the permission of the Chairperson.

Rule - 34. Minutes of Meeting.

Every proceeding of the General Body meeting shall be recorded in the minute book maintained for the purpose and authenticated by the Chairperson or the person who has presided over the meeting, as the case may be. A copy of the minutes shall be sent to the higher level of the Water Users’ Association and the Competent Authority.

CHAPTER VI FUNDS, BUDGET AND AUDITS

Rule - 35. Utilization of Funds.

(1)     All funds received by a Water Users’ Association in accordance with the provisions of the Act and all sums accruing to it under the provisions of any law for the time being in force shall be credited forthwith to the Banks mentioned in section 57 and the funds shall be utilized to fulfill the objects of the Water Users’ Association.

(2)     The estimate of the probable expenditure on various items for the next financial year shall be prepared and got approved in the Annual General Meeting before the commencement of the said financial year.

(3)     The expenditure upto rupees one thousand can only be made with the prior written permission of the Chairperson. Any expenditure more than rupees one thousand shall be approved in advance in the meeting of the Managing Committee. The procedure of calling quotations or tenders shall be followed for the purchases or execution of works. The procedure shall ensure transparency, competition and workable rates.

(4)     The Water Users’ Association may allow its Secretary to keep a cash in hand not exceeding rupees one thousand for meeting current expenditure.

(5)     The Managing Committee shall ensure that the expenditure on inauguration and other functions, office building and decoration, transport, furniture, meetings, photographs, publication of annual reports and on any such matters shall be minimum, so that the maximum amount can be utilised on actual maintenance, repairs and management.

(6)     All the payments more than rupees one thousand shall be made by cheque.

(7)     The Water Users’ Association shall lay down the procedure for collection of water charges from their members taking into consideration the Government dues for supply of water as well as operating expenses of the Water Users’ Association.

(8)     Water Users’ Association shall not create any debts or raise loans which are disproportionate to the assets of the Water Users’ Association. Shortterm loans, however, can be taken by the Water Users’ Association to meet its objects, with the prior approval of the Managing Committee. Debts or loans shall not be raised by Water Users’ Association against the Government assets handed over to the Water Users’ Association for use.

Rule - 36. Budget.

(1)     In every financial year, the Managing Committee of a Water Users’ Association shall prepare a draft budget in the format specified in the format specified in Annexure6 in respect of next financial year. The budget shall be placed before the meeting of the General Body to be held by the 15th of March every year.

(2)     A brief note explaining the following shall be accompanied to the draft budget,

(a)      Remarks from latest Audit Report and its compliance.

(b)      Budget proposals and their justifications.

(3)     The draft budget with explanatory note as required under subrule (2) shall be made available in the office of the Water Users’ Association at least one week before the day fixed for General Body meeting.

(4)     The draft budget shall be approved by the General Body with necessary changes, if any.

Rule - 37. Reserve Fund.

Every Water Users’ Association shall create a Reserve Fund as required under section 58. Ten per cent. of water charges collected by the Water Users’ Association and ten per cent. of profit accrued to the Water Users’ Association shall be deposited every year in the account maintained separately for this purpose. Generally, it is expected that the accrued reserve fund shall be utilized for special or emergency repairs of the physical system in the jurisdiction of the Water Users’ Association whenever required as approved by the Managing Committee.

Rule - 38. Financial Audit.

(1)     At the end of each financial year, and not later than three months after the commencement of the new financial year, the Water Users’ Association shall cause its accounts to be audited in the following manner,

(i)       The Managing Committee shall, appoint an Auditor who has adequate experience in normal auditing work in the case of the Water Users’ Association at Minor Level and Project Level Association of minor irrigation projects. In the case of Distributary Level Association, Canal Level Association and Project Level Association of Major and Medium Projects, the Managing Committee shall appoint a Chartered Accountant as an auditor for auditing the accounts. For this purpose, the Canal Officer not below the rank of Superintending Engineer shall invite applications from desirous and competent Chartered Accountants to work as Auditors for the Water Users’ Association and prepare a panel of such duly selected Chartered Accountants. The Water Users’ Association shall appoint one of the Chartered Accountants included in the such panel.

(ii)      The Auditor so appointed by the Water Users’ Association shall take all steps necessary to scrutinize the accounts of receipts and expenditure; within thirty days of his appointment and furnish the audit report along with the statement of accounts and balance sheet to the Chairperson of the concerned Water Users’ Association before the 31st July of every year.

(iii)     The Managing Committee of a Water Users’ Association shall take note of the Audit Report and prepare audit rectification report, if necessary, which shall be submitted to the Auditors within one month of its receipt.

(iv)    The audit report shall be submitted to the General Body in its meeting before the 30th September of every year. The General Body will take note of the audit report.

(v)      The Managing Committee of a Water Users’ Association shall furnish the “Action Taken Report” to the General Body, as well as to concerned Canal Officer and Water Users’ Association at Upper Level on all matters as pointed out in the audit report and the Managing Committee shall implement the decisions of the General Body in this regard.

(vi)    The financial year of the Water Users’ Association shall commence from 1st April to 31st March.

(2)     The Secretary of the Water Users’ Association shall be responsible for maintaining, safe keeping and custody of all the financial documents such as cash book, ledgers, and such other documents and shall sign the necessary documents on behalf of the Water Users’ Association as and when authorized by the Management Committee of the said Water Users’ Association.

(3)     The Audit under section 59 shall include in addition to the other matters the examination and verification of the following items, namely:

(i)       Overdues of debts, if any.

(ii)      Cash balance and securities and valuation of the assets and liabilities of the Water Users’ Association.

(iii)     Whether loan and advances and debts made by the Water Users’ Association on the basis of security have been properly secured and the terms on which such loans and advances are made or debts are incurred are not prejudicial to the interest of the Water Users’ Association and its members.

(iv)    Whether the Water Users’ Association has properly utilized the financial assistance, if any, granted by the Appropriate Authority or financial institutions, for the purpose for which such assistance was granted.

(v)      Whether the Water Users’ Association is properly carrying out its objects and obligations towards its members.

(4)     The Canal Officer or the person authorized shall, for the purpose of audit, at all times have access to all the books, accounts, documents, papers, securities, cash and other properties belonging to, or in the custody of the concerned Water Users’ Association and may summon any person in possession or responsible for the custody of any such books, accounts, and such other documents to produce the same at the headquarters of the Water Users’ Association.

CHAPTER VII CONFLICT RESOLUTION

Rule - 39. Settlement of disputes.

(1)     The member of the Water. Users Association at Minor Level having a dispute or differences with the constitution, management, powers or functions of the Water Users’ Association shall submit an application within a period of fifteen days from the date of occurrence of such a dispute or differences, stating therein the particulars of the dispute along with a fees of rupees ten payable to the Water Users’ Association concerned in person during the office hours or forward the same through post to the Managing Committee of the Water Users’ Association at Minor Level. The Managing Committee of the Water Users’ Association shall dispose of the said application within a period of forty five days from the date of receipt of the same, provided that, the individual or the Association against whom the application has been made shall be given a reasonable opportunity of being heard.

(2)     The person who is a member of the Water Users’ Association at Minor Level and who has a dispute or differences with the Managing Committee of Water Users’ Association at Minor Level or a Managing Committee of the Water Users’ Association at Minor Level who is having a dispute or difference with the other Water Users’ Association at Minor Level shall submit an application within a period of fifteen days from the date of occurrence of such a dispute, stating therein the particulars of the dispute, during the office hours or forward the same through post to the Distributary Level Association or to the Sub Divisional level Canal Officer, if the Distributary Level Association does not exist. The applicant shall pay a fees of rupees ten to the Distributary Level Association or the Sub Divisional level Canal Officer, as the case may be, along with the application. The Distributary Level Association or the Canal Officer shall be disposed of the application within a period of forty five days from the date of receipt of the same, provided that, the Managing Committee of the Water Users’ Association against whom the application has been made, shall be given a reasonable opportunity of being heard,.

(3)     The Water Users’ Association at Minor Level who is having a dispute or differences with the Managing Committee of the Distributary Level Association, or the Distributary Level Association who is having a dispute or a differences with the other Distributary Level Association shall submit an application within a period of fifteen days from the date of occurrence of such a dispute, stating therein the particulars of the dispute, either in person during the office hours or forward the same through post to the Canal Level Association or to the Executive Engineer concerned, if the Distributary Level Association does not exist. The applicant shall pay a fees of rupees ten to the Canal Level Association or to the Executive Engineer concerned, as the case may be, along with the application. The Managing Committee of the Canal Level Association or the Executive Engineer concerned shall disposed of such application within a period of forty five days from the date of receipt of the same, provided that, the Managing Committee of the Distributary Level Association against whom the application has been made shall be given a reasonable opportunity of being heard.

(4)     The Distributary Level Association who is having a dispute with the Managing Committee of the Canal Level Association, or the Canal Level Association who is having a dispute with the other Canal Level Association shall submit an application within a period of fifteen days from the date of occurrence of such a dispute, stating therein the particulars of the dispute, either in person during the’ office hours or forward the same through post to the Project Level Association or to the concerned Superintending Engineer if the Project Level Association does not exist. The applicant shall pay a fees of rupees ten to the Project Level Association or to the Superintending Engineer concerned, as the case may be, along with the application. The Project Level Association or the Superintendent Engineer concerned shall disposed of such an application within a period of forty five days from the date of receipt of the same, provided that, the Managing Committee of Canal Level, Association against whom the application has been made shall be given a reasonable opportunity of being heard.

(5)     The Canal Level Association who is having a dispute or differences with the Managing Committee of the Project Level Association, or the Project Level Association who is having a dispute with the other Project Level Association shall submit an application within a period of fifteen days from the date of occurrence of such a dispute stating therein the particulars of the dispute either in person during the office hours or forward the same through post to the Chief Engineer. The Chief Engineer shall dispose of the said application within a period of forty five days from the date of receipt of the same, provided that, the Managing Committee of the Project Level Association against whom the application has been made shall be given a reasonable opportunity of being heard.

(6)     The Project Level Association who is having a dispute or differences with the Appropriate Authority shall submit an application within a period of fifteen days from the date of occurrence of such dispute stating therein the particulars of the dispute to the Maharashtra Water Resources Regulatory Authority in person during the office hours or forward the same through post. The prescribed authority shall disposed of such application within a period of forty five days from the date of receipt the same, provided that, a reasonable opportunity shall be given to the Chief Engineer of being heard. The decision of the said Authority shall be final.

(7)     Notwithstanding anything contained in subrules (1) to (6), the Authority to whom dispute has been preferred may for sufficient reasons to be recorded in writing condone the delay in filing the application of dispute beyond fifteen days.

Rule - 40. Appeals.

(1)     Every order passed by the Managing Committee of the Water Users’ Association at Minor Level shall be appealable to the Managing Committee of the Distributary Level Association or to the Sub-Divisional level Canal Officer, if the Distributary Level Association does not exist.

(2)     Every order passed by the Managing Committee of the Distributary Level Association or by the Sub-Divisional level Canal Officer shall be appealable to the Managing Committee of the Canal Level Association or to the concerned Executive Engineer if the Canal Level Association does not exist.

(3)     Every order passed by the Managing Committee of Canal Level Association or by the Executive Engineer shall be appealable to the Project Level Association or to the concerned Superintending Engineer if the Project Level Association does not exist.

(4)     Every order passed by the Managing Committee of a Project Level Association or by the concerned Superintending Engineer shall be appealable to the Chief Engineer.

(5)     All appeals preferred under the Act or under subrules (1) to (5) shall be in writing signed by the appellant alongwith a fee of rupees ten payable to the Appellant Authority.

(6)     Such appeal may be delivered at the office of the Appellate Authority by the appellant in person during the office hours or forward the same through post. Provided that, the individual or the Water Users’ Association against whom an appeal has been lodged shall be given a reasonable opportunity of being heard.

(7)     All the relevant record in respect of the conflict resolution shall be maintained properly in the office of the concerned Water Users’ Association and in the office of the concerned Canal Officer.

CHAPTER VIII GENERAL PROVISIONS

Rule - 41. Participation of Water Users’ Association in execution of on going projects.

With the primary object of formation of the Water Users’ Association, the following procedure may be adopted for the participation of the Water Users’ Association at Minor Level in the execution of the work of distribution systems having capacity not exceeding one cubic meter per second,

(a)      The command plan of proposed distribution system showing alignment of distributary, minors, sub minors, field channels, location and level of all structures on the channels, command area boundaries of an channels, village boundaries, natural drains, gaothans, along with prescribed water use entitlement, shall be displayed in the office of the concerned Canal Officer at least for the period of fifteen days for study by the farmers and offering their comments or suggestions and also be published by the concerned Canal Officer through the leading newspaper in that area.

(b)      The Canal Officer shall call the meeting of all probable beneficiaries and explain the proposal to them.

(c)      Any suggestions or comments on the proposed distribution system shall be submitted by the probable beneficiaries to the concerned Canal Officer within a period of thirty days. If necessary, beneficiaries may seek the advice of the experts.

(d)      All the suggestions or comments received shall be discussed in the meeting of farmers called for this purpose and appropriate decisions shall be taken in this meeting and kept on record. In case of disagreement, the decision given by the concerned Superintending Engineer or Executive Engineer, as the case may be, shall be final.

(e)      Plans and estimates may be revised, if necessary, based on the decisions taken in the said meeting.

(f)       After finalizing the proposal, the Canal Officer shall initiate and complete the process of formation of Water Users’ Association.

(g)      The execution of the work may start by following the usual procedure adopted in the Water Resources Department.

(h)     A Committee of all Chairpersons of the concerned Water Users’ Association at Minor Level shall be formed to inspect the work going on and offer its comments or suggestions in writing to the concerned Canal Officer. The Canal Officer, after examining the comments or suggestions take appropriate actions duly communicating the same to the Committee. The performance testing of the system shall be carried out in the presence of the Committee of all Chairpersons and defects noticed, if any, shall be rectified to the satisfaction of the Committee.

(i)       The completed system, after testing, shall be handed over to the concerned Water Users’ Association.