Chapter II ESTABLISHMENT OF WATER USERS’ ASSOCIATION

In this Chapter, unless the context otherwise requires, a “member” means a member of the Association.

For the purposes of this Act, there shall be formed by the Competent Authority a Water Users’ Association for each service area consisting of—

1. (1) holders of land in such area using the water for the purpose of irrigation, and
2. (2) persons residing or carrying on business in such area using water made available to them from the minor canal through pipe lines, for other purposes, if the Association represents fifty one per cent of the holders of land in the service area and the aggregate area of land held by such holders of land is not less than fifty one per cent of the service area.

1. (1) The first members of the Water Users’ Association and all persons, who may hereafter become members thereof so long as they continue so to be, are hereby constituted a body corporate by the name of_________________ Water Users’ Association”.
2. (2) The said body shall have perpetual succession and a common seal and may sue or be sued in its corporate name and shall, subject to the provisions of this Act, be competent to acquire, hold or dispose of property, movable or immovable, to raise loans on the security of its fund in such manner and subject to such limits and other requirements including guarantee as may be prescribed and to contract and do all things necessary for the purposes of this Act.

(1)

1. (a) On the formation of the Association, there shall be called the first meeting thereof for election of its President from amongst the member.
2. (b) The meeting shall be held on such date within four weeks from the date of the formation of the Association as may be fixed by the Competent Authority and shall be presided over by the Competent Authority who shall have such powers and follow such procedure as he deems fit but shall not have right to vote.

1. (2) The term of the office of the President shall be six years from the date of his election.

1. (1) The Association shall meet at such time and place and shall, subject to sub-section (2), observe such rules of procedure with regard to the transaction of business at its meeting as may be prescribed by regulations. (2)
   • (a) All the questions at a meeting of the Association shall be decided by a majority of votes of the members present and voting on the question and when there is an equality of votes, the President shall have the second or casting vote;
   • (b) The quorum of the meetings of the Association shall not be less than one-third of its members : Provided that the members of the Association falling under clause
2. (2) of section 5 shall have the right to speak or otherwise take part in the proceedings of a meeting of the Association held under clause
   • (a) of sub-section
3. (1) of section 7 or under sub-section
4. (1) but shall not be entitled to vote.

1. (1) The Association, in order to enable it to perform its functions, may appoint, —
   • (i) a secretary,
   • (ii) a minor canal operator, and
   • (iii) such other officers and employees as may be determined by it.
2. (2) The salary and allowances payable to, and other conditions of service of the secretary, minor canal operator and other officers and employees shall be such as may be determined and borne by the Association.