Chapter III PARTICIPATOROY IRRIGATIO MA AGEME T

In this Chapter, unless the context otherwise requires— (a) "designated person" means the Chairman of the Committee, (b) "entrusted minor canal" means the minor canal the irrigation management of which is entrusted to an Association under sub-section (1) of section 16.

For the purpose of enabling an Association to undertake participatory irrigation management, the Competent Authority shall, so far as possible, provide an assured supply of water from a minor canal on volumetric basis, or such other basis as may be prescribed, to the service area by ensuring that, — (a) there is a measuring device at the minor canal and (b) the minor canal is operated in accordance with a programme for supply of water for each season prepared by the Competent Authority in consultation with the designated person.

The Competent Authority shall ascertain from the designated person the willingness or otherwise of the Association to participate in the irrigation management of the minor canal from which water is to be supplied to the service area for irrigation.

Where an Association expresses its willingness to participate in irrigation management under section 12, it shall be required to enter into an agreement with the State Government, in such form as may be prescribed, providing for such participation.

(1) As soon as an agreement is entered into by the Association with the State Government under section 13, there shall be carried out inspection of the minor canal, which is to be managed by the Association under the agreement, jointly by the Competent Authority and the designated person.

(2) The inspection under sub-section (1) shall also be carried out of water courses, if any, existing in the service area, which are to be managed by the Association along with the minor canal.

(1) Where, on account of the joint inspection of the minor canal and water courses under section 14, it appears, both to the Competent Authority and the designated person, that it is necessary to carry out repairs to the minor canal and any of the water courses, as mutually agreed upon, before entrustment of the irrigation management of the minor canal along with the water courses, the Association shall carry out the repairs to the minor canal and water course.

(2) The cost of the repairs to the minor canal and water course carried out under sub-clause (1) shall be borne both by the State Government and the Association for such proportion as may be prescribed.

(3) Where Association fails to carry out repairs under sub-section (2) within such time as may be stipulated by the Competent Authority, the same shall be carried out by the Competent Authority, the cost of such shall be borne as provided in sub-section (2).

(1) Where repairs to the minor canal and water courses are carried out under section 15, the Competent Authority shall, by an order in writing, entrust the irrigation management of the minor canal and water courses to the Association.

(2) Where an order under clause (1) is issued, the Association shall take over the irrigation management of the minor canal and water courses and upon the Association taking over the irrigation management of the minor canal and water courses, the designated person shall make an endorsement to that effect on the order so issued.

(1) Where there do not exist water courses in the service area at the time when irrigation management of the minor canal is entrusted to the Association, the Association shall construct the water courses in the service area.

(2) For the purpose of construction of water courses by the Association, the Competent Authority shall prepare a draft scheme for construction of water courses in the service area and for that purpose, the provisions of sub-section (2) of section 20A and sections 20B to 23 of the Bombay Irrigation Act, 1879 shall, so far as may be, apply as if— (a) for the words "field channel" wherever they occur, the words "water course" had been substituted; (b) in clause (vi) of sub-section (2) of section 20A, for the words "the canal to this land" appearing at the end, the words "from the outlet of the entrusted minor canal" had been substituted, (c) for the words "the authorised canal officer" or "canal officer", wherever they occur, the words "Competent Authority" had been substituted.

Where there does not exist field channels in the service area at the time when irrigation management of minor canal is entrusted to the Association, the Association shall construct field channels in accordance with the provisions of Part III of the Bombay Irrigation Act, 1879, in so far as they are applicable, as if— (a) for the words "the authorised canal officer" or "canal officer", wherever they occur, the words "Competent Authority" had been substituted, (b) in clause (vi) of sub-section (2) of section 20A, for the words "the canal to this land" appearing at the end, the words "from the entrusted minor canal to this land" had been substituted.

The Association, which enters into an agreement with the State Government under section 13 and to which irrigation management of a minor canal and water courses are entrusted under sub-section (1) of section 16, shall generally undertake irrigation management of the entrusted minor canal and water courses and particularly perform the following functions, namely:— (a) to ascertain the demand of water of each holder of land in the service area; (b) to measure and receive the quantity of water at the measuring device and to ensure proper apportionment and distribution of the water so received to all holders of land in the service area and for that purpose, to prepare rotational water supply system and implement it; (c) to inquire into complaints regarding distribution of water and to take immediate action to remedy them; (d) to take steps to prevent unauthorised use of water or waste of water or damage to the entrusted minor canal; (e) to carry out normal maintenance and repairs of the entrusted minor canal in accordance with the terms and conditions of the agreement entered into under section 13, (f) to pay the water rates levied under section 44 of the Bombay Irrigation Act, 1879 or the occasional water charges levied under section 45 of the said Act to the State Government on or before the due dates for their payment, (g) for the purpose of payment of water rates under clause (f), to determine the water rates or, as the case may be, the occasional water rates payable by the land holders and collect the water rates or, as the case may be, the occasional water charges, so determined from the land holders; (h) to maintain proper accounts of water received and distributed, and of money and materials received and used; (i) to carry out other duties and functions imposed upon the Association by or under this Act and to act according to the terms and conditions of the agreement entered into under section 13; (j) to refrain from doing anything which is contrary to the Act or the rules made thereunder and the terms and conditions of the agreement entered into under section 13.

(1) The Competent Authority may, from time to time, inspect, — (a) the water distribution by the Association in the service area of the entrusted minor canal, and (b) the records maintained by the Association in relation to such water distribution.

(2) The Competent Authority may issue to the Association such directions as it deems necessary, — (a) where, on inspection under sub-section (1), the Competent Authority is of the opinion that— (i) the water distribution is faulty or (ii) the records are not maintained or are maintained but not properly, or (b) to ensure compliance by the Association of the provisions of this Act and the rules made thereunder or of the terms and conditions of the agreement entered into by the Association with the State Government.

(3) The Association shall carry out the directions issued to it by the Competent Authority under sub-section (2).

(4) Where the Association makes persistent default in carrying out the directions issued to it under sub-section (2), the Competent Authority may, notwithstanding anything contained in the agreement, recommend to the State Government to terminate the agreement.

An Association may determine the water charges due from its members for the water supplied from the minor canal to their land for irrigation and collect the same.

The Association shall perform the following functions, namely:— (1) to receive applications for use of water for irrigation from its members accompanied by such fees as may be determined by the Association, (2) to register its members, (3) to collect such fees, as are determined by it, from its members, (4) to permit supply of water for irrigation to its members, (5) to regulate use of water, (6) to promote economy in the use of water, (7) to encourage members to adopt water saving devices or techniques such as drip, sprinklers and to recommend to the State Government remission of water rates, payable by members who adopt water saving devices and the State Government may, after verification, grant remission subject to such principles as may be prescribed; (8) to collect water rates levied under section 44 or 45 of the Bombay Irrigation Act, 1879 from its members, (9) to collect such water charges from members for use of water for purposes other than irrigation as may be determined by the Competent Authority with the previous approval of the State Government, (10) to make payment to the State Government of water rates collected from its members after deducting thereupon such percentage of cost of collection as may be prescribed, (11) to prepare plan for maintenance of the entrusted minor canal and for construction and maintenance of water courses and field channels and all other works related to the entrusted minor canal, water courses and field channels, (12) to collect from its members expenses incurred by it in carrying out normal maintenance and repairs of the entrusted minor canal, (13) to maintain such records as may be prescribed, (14) to perform such other functions as are laid down by or under this Act. (12) to collect from its members expenses incurred by it in carrying out normal maintenance and repairs of the entrusted minor canal, (13) to maintain such records as may be prescribed, (14) to perform such other functions as are laid down by or under this Act.