Chapter II WATER USERS‟ ASSOCIATION AND DELINEATION OF COMMAND AREA THEREOF

Every Water Users’ Association (WUA) constituted under this Act shall be a body corporate with a distinct name having perpetual succession and a common seal and shall have the power to acquire, hold and dispose of property and to enter into contracts and of doing all things necessary, proper or expedient for the purposes for which it is constituted and may sue or be sued in its corporate name : Provided that, no Water Users’ Association shall have the power to alienate in any manner, any property vested in it by the Government for the operation and management

1. (1) The objects of a Water Users’ Association shall be to,—
   • (i) promote and secure equitable distribution of water amongst its members;
   • (ii) maintain adequately the irrigation systems and ensure efficient, economical and equitable distribution and utilisation of water to optimise agricultural production;
   • (iii) protect the environment;
   • (iv) ensure ecological balance;
   • (v) actively involve the members inculcating amongst them a sense of ownership of the irrigation system; and
   • (vi) safeguard and promote the common interests of its members pertaining to irrigation and agriculture in the area of operation.
2. (2) The Association may also engage into any activity of common interest of the members in the Command Area related to irrigation and agriculture, such as introduction of Drip and Sprinkler system for optimising the use of water; developing farm ponds and community projects for exploiting groundwater; procurement and distribution of seeds, fertilisers and pesticides; procurement and renting of agricultural implements; marketing and processing agricultural produce from the Command Area and supplementary business like dairy and fisheries.

For the purposes of this Act, the Appropriate Authority may, by notification in the Official Gazette, delineate, on hydraulic basis and having regard to the administrative convenience, the command area of an irrigation project into an area under the Management of Irrigation System by Farmers, for which there shall be constituted Water Users Association under this Act and may, by like notification from time to time, alter their limits, by-

1. (i) amalgamating or dividing the Water Users Association;
2. (ii) increasing an area of any Water Users Association;
3. (iii) reducing an area of any Water Users Association: Provided that, no such notification making amalgamation, division, or in any way altering the boundaries of the Water Users Association shall be issued unless a reasonable opportunity, as prescribed, is given to the Water Users Association and holders or occupiers of the lands likely to be affected thereby: Provided further that, no Water Users Association and land holder or occupier shall be eligible to obtain membership of any other Water Users Association unless No dues Certificate of the previous Water Users Association, is produced.

1. (1) A Canal Officer not below the rank of an Executive Engineer duly empowered in this behalf may, by notification in the Official Gazette and in accordance with the rules, on hydraulic basis and having regard to the administrative convenience, delineate command area of Water Users Association at Minor Level separately within lands under irrigable command and declare it to be an area of operation of Water Users Association at Minor Level for the purposes of this Act. The area of operation so declared may include both flow and lift irrigation.
2. (2) The notification under sub-section (1) shall contain,-
   • (a) a certified copy of updated map of area of operation of Water Users Association showing prescribed details necessary for operation and management of such Association; and
   • (b) a certified copy of updated list of landholders and occupiers of land with prescribed details within the area of operation of Water Users Association at Minor Level.
3. (3) The notification published under sub-section (1) may be given wide publicity as prescribed and may also be published in such other manner in or in the vicinity of such area of operation of Water Users Association at Minor Level as the Canal Officer may think fit.
4. (4) Any person desirous of obtaining a copy of the notification under subsection (1) may, on an application being made in that behalf, and on payment of such fees as may be prescribed, obtain the same.
5. (5) Any person aggrieved by the notification issued under sub-section (1) may, within thirty days from the date of publication of such notification in the Official Gazette, file an appeal before the Canal Officer: Provided that, no Canal Officer below the rank of Superintending Engineer shall be notified as the appellate officer by the Government.
6. (6) The Appellate Officer may pass such order in the appeal as he deems fit, and may pass order modifying the notification. On passing such modifying order, such notification shall stand modified to the extent and from the date as specified in the order: Provided that, no order of modification of any such notification or part thereof, affecting any person shall be made without giving such person a reasonable opportunity of being heard.

On delineation of Command area of Water Users’ Association, by notification in the Official Gazette under section 6, no water shall be supplied by the Appropriate Authority to the individual holder or occupier; and the system of supply of water through Water Users’ Association shall be binding on all holders and occupiers of such lands.

1. (1) When an area of operation of a 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. Such Water Users’ Association shall be registered in the prescribed manner: Provided that, where no such Water Users’ Association is constituted, the Appropriate Authority may, entrust the functions of such Water Users’ Association to a Government agency or Co-operative society or any other Water Users’ Association in the manner prescribed, till such Association is constituted and functional.
2. (2) All the holders and occupiers in delineated land of a Water Users’ Association at Minor Level, shall be deemed to be the members of Water Users’ Association at Minor Level and shall constitute the General Body of the Water Users’ Association and shall have right to vote as prescribed.

1. (1) There shall be a Managing Committee for every Water Users Association at Minor Level, consisting of such number of members including Chairperson and Directors as may be prescribed. Such Association shall have a Secretary having prescribed qualifications; and the pay and allowances of such person shall be fixed by the respective Water Users Association, in the prescribed manner.
2. (2) The Canal Officer, duly empowered in this behalf shall, make arrangements for the election of Directors of the Managing Committee of the Water Users Association at Minor Level by direct election from amongst members of such Water Users Association within such time and in manner as may be prescribed.
3. (3) Adequate representation shall be given on the Managing Committee to the holders or occupiers of the land from Head, Middle and Tail reaches of the area of operation of Water Users Association; and women members in such manner as may be prescribed.
4. (4) Such Canal Officer shall make arrangements for the election of the Chairperson of the Water Users Association at Minor Level in the prescribed manner. The Directors of the Managing Committee shall elect the Chairperson in the first meeting of the Managing Committee convened and presided by the Canal Officer pending the election of Chairperson.
5. (5) The tenure of the post of Chairperson and its rotation amongst the Managing Committee Directors representing Head, Middle and Tail reaches of the area of operation of Water Users Association and women Directors, shall be such as may be prescribed: Provided that, where a land holder or occupier holds or occupies a land in the area of operation of more than one Water Users Association, such person shall be eligible to take part in the election for the Directorship of the Managing Committee of only one Water Users Association opted by him, in the prescribed manner.
6. (6) The Canal Officer may, for the reasons to be recorded in writing, postpone the election upto one year.
7. (7) The Directors of the Managing Committee shall, unless recalled earlier under section 19 hold office for a period of six years from the date of the constitution of the said Managing Committee.
8. (8) The Managing Committee shall exercise such powers, discharge such duties and perform such functions of the Water Users Association, as provided in this Act and as prescribed.
9. (9) Notwithstanding anything contained in sub-section (2), the Canal Officer, duly empowered in this behalf, may pending election and constitution of the Managing Committee appoint an Ad-hoc Management Committee in the prescribed manner.

1. (1) A Canal Officer not below the rank of an Executive Engineer, duly empowered in this behalf may, by notification in the Official Gazette and in accordance with the rules delineate, on hydraulic basis and having regard to the administrative convenience, command area of Distributary Level Association (DLA) within lands under irrigable command and declare it to be an area of operation of Distributary Level Association for the purposes of this Act. The area so declared may include both, the flow and lift irrigation.
2. (2) The notification under sub-section (1) shall contain,-
   • (a) a certified copy of updated map of area of operation of Distributary Level Association showing prescribed details necessary for Operation and Management of Canal System under Distributary Level Association;
   • (b) a certified copy of the updated list of Water Users Associations at Minor Level included in the Distributary Level Association with prescribed details.
3. (3) The provisions of sub- sections (3), (4), (5) and (6) of section 6 shall, mutatis mutandis, apply to the notification under sub-section (1).

1. (1) In the area delineated as an area of operation of Distributary Level Association under section 10, a Distributary Level Association shall be constituted by the Water Users’ Associations at Minor Level. Such Association shall be registered in the prescribed manner.
2. (2) All the Water Users’ Associations at Minor Level, represented by the members of Managing Committees of the Water Users’ Associations at Minor Level in the command area of Distributary Level Association shall constitute the General Body of the Distributary Level Association and shall have right to vote and elect the Managing Committee of the Distributary Level Association, in such manner as may be prescribed.
3. (3) After the operation and maintenance of the delineated area is handed over to such Distributary Level Association, water supply to water users in such delineated area shall be through the respective Distributary Level Association.

1. (1) There shall be a Managing Committee for every Distributary Level Association (DLA) consisting of such number of members, including Chairperson and Directors as may be prescribed. Such Association shall have a Secretary, having prescribed qualifications; and the pay and allowances of such person shall be fixed by the respective Water Users Association, in the prescribed manner.
2. (2) The Canal Officer, duly empowered in this behalf, shall make arrangements for the election of Directors of the Managing Committee of Distributary Minor Level Association by election from amongst members of General Body of Minor Level Association, within such time and in such manner, as may be prescribed.
3. (3) Adequate representation shall be given on the Managing Committee of the Distributary Level Association to the Water Users Associations from Head, Middle and Tail reaches of the area of operation of Distributary Level Association and women Directors in the prescribed manner.
4. (4) Such Canal Officer shall also make arrangements for the election of the Chairperson of the Distributary Level Association in the manner as may be prescribed. The Directors of Managing Committee shall elect the Chairperson in the first meeting of the Managing Committee convened and presided over by such Canal Officer, pending election of the Chairperson.
5. (5) The tenure of the post of the Chairperson, and its rotation amongst the Managing Committee Directors representing Head, Middle and Tail reaches of the area of operation of a Distributary Level Association and women Directors shall be such as may be prescribed.
6. (6) The Canal Officer may, for the reasons to be recorded in writing, postpone the election upto one year.
7. (7) The Members of the Managing Committee shall, unless recalled earlier under section 19, hold office for a period of six years from the date of the constitution of the said Managing Committee.
8. (8) The Managing Committee shall exercise such powers, discharge such duties and perform such functions of the Distributary Level Association as may be provided in this Act and as prescribed.
9. (9) Notwithstanding anything contained in sub-section (2), the Canal Officer, duly empowered in this behalf pending election and constitution of Managing Committee may, appoint an Ad-hoc Management Committee in the prescribed manner.

1. (1) A Canal Officer not below the rank of an Executive Engineer, duly empowered in this behalf, may, by notification in the Official Gazette, and in accordance with the rules delineate on hydraulic basis and having regard to administrative convenience, command area of Canal Level Association (CLA) within lands under irrigable command and declare it to be an area of operation of a Canal Level Association for the purposes of this Act. The area of operation so declared may include both, the flow and lift irrigation.
2. (2) The notification under sub-section (1) shall contain,-
   • (a) a certified copy of updated map of area of operation of Canal Level Association showing prescribed details necessary for Operation and Management;
   • (b) a certified copy of the updated list with prescribed details of Distributary Level Associations included in the Canal Level Association.
3. (3) The provisions of sub-sections (3), (4), (5) and (6) of section 6 shall, mutatis mutandis, apply to the notification under sub-section (1).

1. (1) In the area delineated as an area of operation of Canal Level Association (CLA) under section 13, a Canal Level Association shall be constituted by the Distributary Level Associations. Such Association shall be registered in the prescribed manner.
2. (2) All the Distributary Level Associations, represented by the Directors of the Managing Committees of the Distributary Level Associations, under the command of Canal Level Association shall constitute the General Body of Canal Level Association and have right to vote and elect the Managing Committee of the Canal Level Association in such manner as may be prescribed.
3. (3) After the operation and maintenance of the delineated area is handed over to Canal Level Association, water supply to water users in such delineated area shall be through the respective Canal Level Association.

1. (1) There shall be a Managing Committee for every Canal Level Association (CLA) consisting of such number of members, including Chairperson and Directors as may be prescribed. Such Association shall have a Secretary having prescribed qualifications; and the pay and allowance of such person shall be fixed by the respective Water Users Association, in the prescribed manner.
2. (2) The Canal Officer, duly empowered in this behalf, shall make arrangements for the election of Directors of the Managing Committee of Canal Level Association by election from among members of General Body of Canal Level Association, within such time and in such manner as may be prescribed.
3. (3) Adequate representation shall be given on the Managing Committee of the Canal Level Association to the Distributary Level Associations from Head, Middle and Tail reaches of the area of operation of Canal Level Associations and women in the prescribed manner.
4. (4) Such Canal Officer shall also cause arrangements for the election of the Chairperson of the Canal Level Association in the manner as may be prescribed. The Directors of the Managing Committee shall elect the Chairperson in the first meeting of the Managing Committee convened and presided over by such Canal Officer, pending election of the Chairperson.
5. (5) The tenure of the post of Chairperson and its rotation amongst the Managing Committee Directors representing Head, Middle and Tail reaches of the area of operation of Canal Level Associations and women members shall be such as may be prescribed.
6. (6) The Canal Officer may, for the reasons to be recorded in writing, postpone the election upto one year.
7. (7) The Directors of the Managing Committee shall, unless recalled earlier under section 19, hold office for a period of six years from the date of the constitution of the said Managing Committee.
8. (8) The Managing Committee shall exercise such powers, discharge such duties and perform such functions of the Canal Level Association as may be provided in this Act and as prescribed.
9. (9) Notwithstanding anything contained in sub-section (2), the Canal Officer, duly empowered in this behalf may, pending election and constitution of Managing Committee, appoint an Ad-hoc Managing Committee, in the manner prescribed.

1. (1) A Canal Officer not below the rank of Superintending Engineer, duly empowered in this behalf, may, by notification in the Official Gazette and in accordance with the rules delineate lands under irrigable command of the Project and declare it to be an area of operation of Project Level Association (PLA) for the purposes of this Act. The area of operation so declared may include both, the flow and lift irrigation.
2. (2) The notification under sub-section (1) shall contain,-
   • (a) a certified copy of updated map of area of operation of Project Level Association showing areas of operation of all Water Users Associations at different levels under the Project and other prescribed details necessary for operation and management;
   • (b) a certified copy of the updated list with prescribed details of all Water Users Associations at different levels included in the Project Level Association. (3)The provisions of sub-sections (3), (4), (5) and (6) of section 6 shall, mutatis mutandis, apply to the notification under sub-section (1).
3. (4) Notwithstanding anything contained in this section, in the case of a Minor Irrigation Project, notified Executive Engineer shall delineate the area of operation of Project Level Association and the appellate officer shall be the notified Superintending Engineer.

1. (1) In the area delineated as an area of operation of Project Level Association (PLA) under section 16, a Project Level Association shall be constituted by the Canal Level Associations functioning within the project. Such Association shall be registered in the prescribed manner.
2. (2) All Canal Level Associations and Lift Irrigation Water Users Associations on reservoir within the project, represented by Directors of their respective Managing Committees, shall constitute the General Body of Project Level Association and shall have right to vote and elect the Managing Committee of the Project Level Association in such manner as may be prescribed.
3. (3) After the operation and maintenance of the delineated area is handed over to the Project Level Association, water supply to water users in such delineated area shall be through the respective Project Level Association.
4. (4) Notwithstanding anything contained in sub-section (1), the State Government may, having regard to the administrative convenience, for reasons to be recorded in writing, authorise an association at any level, to function as a Project Level Association in respect of a project. On such authorisation, the provisions of sub-section (2) and other provisions of the Act applicable to the Project Level Association shall, mutatis mutandis, apply to such association.

1. (1) There shall be a Managing Committee for every Project Level Association (PLA) consisting of such number of Members including Chairperson and Director as may be prescribed. Such Association shall have a Secretary having prescribed qualifications and the pay and allowances of such person shall be fixed by the respective Water Users’ Association, in the prescribed manner.
2. (2) The Canal Officer, duly empowered in this behalf, shall make arrangements for the election of Directors of the Managing Committee of Project Level Association by election from amongst members of General Body of Project Level Association, within such time and in such manner, as may be prescribed.
3. (3) Adequate representation shall be given on the Managing Committee of the Project Level Association to member Water Users’ Associations from Head, Middle and Tail reaches of the area of operation of the Project Level Associations and women members, in the prescribed manner.
4. (4) Such Canal Officer shall also make arrangements for the election of the Chairperson of the Project Level Association in the manner as may be prescribed. The Directors of Managing Committee shall elect the Chairperson in the First Meeting of the Managing Committee convened and presided over by the Canal Officer pending election of the Chairperson.
5. (5) The tenure of the post of Chairperson, and its rotation amongst the Managing Committee Directors representing Head, Middle and Tail reaches of the area of operation of Project Level Association and women Directors shall be such as may be prescribed.
6. (6) The Canal Officer may, for reasons to be recorded in writing postpone the election upto one year.
7. (7) The Directors of the Managing Committee, shall unless recalled earlier under section 19, hold office for a period of six years from the date of the constitution of the said Managing Committee.
8. (8) The Managing Committee shall exercise such powers, discharge such duties and perform such functions of the Project Level Association as may be provided in this Act and as prescribed.
9. (9) Notwithstanding anything contained in sub-section (2), the Canal Officer, duly empowered in this behalf may, pending election and constitution of the Managing Committee appoint an Ad-hoc Managing Committee in the manner prescribed, till the elected Managing Committee comes into existence.

1. (1) A motion for recall of a Director of a Managing Committee of a Water Users’ Association at any level may be made by giving a notice, in writing in the prescribed form, signed by not less than one-half of the total number of members of the concerned Water Users’ Association, entitled to vote: Provided that, no such motion against any office bearer shall be allowed within two years from the date of assumption of office by such office bearer.
2. (2) If the motion referred to in sub-section (1) is carried with the support of two-third of the members present and voting at a meeting of the General Body specially convened for the purpose, the Canal Officer shall, by order, remove the office bearer, against whom such motion is passed and the resultant vacancy shall be filled in, in the prescribed manner.

The Managing Committee of a Water Users’ Association may constitute sub-committees to carry out all or any of the functions vested in such Water Users’ Association under this Act.

1. (1) There shall be an Agreement between the Water Users Association (WUA) and the upper level Water Users Association or the Canal Officer of the rank of Superintending Engineer or Executive Engineer as the case may be, within three months of the constitution of the concerned Water Users Association. Such Agreement shall contain the contents mentioned in section 29.
2. (2) Such agreement shall be valid for such period as may be prescribed.

1. (1) After the Water Users’ Association at a minor level has been duly constituted and the Agreement between Water Users’ Association and the Canal Officer, as the case may be, has been entered into, there shall be held a joint inspection of the canal system under the said Agreement within a period of three months from the date of Agreement. The entire canal system within the command area of Water Users’ Association, shall be jointly inspected by the Executive Engineer or his representative and the office-bearers of the Water Users’ Association and the works pertaining to the systems shall be classified into two separate lists i.e. Priority-I and Priority-II.
2. (2) The Priority-I List shall include the mandatory nature of works which are absolutely essential for passing of designated discharge, control and measuring and conveyance of water, by flow under gravity in the area of operation of Water Users’ Associations. The Priority-II List shall include the works other than those mentioned in Priority-I which although necessary for the efficient functioning of Water Users’ Associations, can be taken up after the Priority-I works.
3. (3) The findings of the joint inspection shall be recorded in duplicate, signed by both the Minor Level Water Users’ Association and the Canal Officer and one copy thereof shall be retained by each party.
4. (4) Within one month of the joint inspection, a list of the items of works which need to be carried out for rehabilitation of the canal system, based on the findings of such joint inspection and in accordance with the directives and orders of the Appropriate Authority and agreed to between the Canal Officer and the Water Users’ Association, shall be prepared.
5. (5) On preparation of such list of items of works under sub-section (4), the Canal Officer not below the rank of an Executive Engineer duly empowered in this behalf, shall inform the Water Users’ Association, the schedule of completion of repairs and renovation, if any required, to ensure that water can be delivered to the entire command area of the canal system, within the designed and specified period. The schedule of completion for the works of Priority-I, shall not extend beyond the period of twelve months, from the date of joint inspection, except with the consent of the concerned Water Users’ Association. After completion of Priority-I works, the system will be tested and handed over to Water Users’ Association. If the Water Users’ Association fails to take over the system, within one month of such testing, it shall stand handed over to the Water Users’ Associations. The participation of Water Users’ Association in repairs and renovation works shall be as prescribed. After such handing over of the system, Priority-Il works shall be completed within a period not exceeding eighteen months. The Canal Officer shall have power to extend such period, in exceptional circumstances.
6. (6) There shall be annexed to such list of items of works, the copies of the joint inspection findings, the agreed schedule of completion of the repairs and renovation, together with the list of items of such repairs and renovation agreed to by both the parties.
7. (7) If any dispute arises between Water Users’ Association and the Canal Officer regarding anything contained in the Agreement executed in accordance with sub-section (1), the same shall be resolved by the concerned Superintending Engineer and his decision in the matter shall be final.

1. (1) For every area of operation delineated under this Act or where a Water Users’ Association for flow irrigation has been duly constituted under this Act, it shall be the duty of the concerned Canal Officer to provide a proper measuring device or devices on the canal at the point of supply to Water Users’ Association and ensure its proper working from time to time.
2. (2) The accurate flow measurement, the form of record in which it shall be entered into and the periodic evaluation thereof; as well as the mode of ascertaining the volume of water for a period in which measuring device is out of order, shall be such as may be prescribed.

The Water Users’ Association shall have the freedom of growing different crops within Applicable Water Entitlement or Water Allowance, as the case may be, subject to any restriction mentioned in Agreement.

1. (1) The Water Users Association in the areas under the Management of Irrigation Systems by Farmers shall have the freedom of recycling the water, at its own cost, for irrigation: Provided that, there shall not be any extra charge to be paid to the Appropriate Authority for such recycling.
2. (2) The Water Users’ Associations shall also have the freedom of using groundwater in their command area, in the prescribed manner, in conjunction with canal water or otherwise: Provided that, there shall not be any extra charge to be paid to the Appropriate Authority for use of such groundwater.
3. (3) In order to ensure equity of water supply within project and river basin and to protect environment, the Appropriate Authority may prohibit the formation of obstructions to drainage within certain limits by taking recourse to the provisions of sections 19, 20 and 21 of Maharashtra Irrigation Act, 1976 (Mah. XXXVIII 1976).

1. (1) Water from the canal system shall be supplied to the Water Users’ Associations (WUA) at various levels, from tail to head, on bulk basis measured volumetrically as per their water entitlements by Canal Officer or upper level Water Users’ Association, as the case may be.
2. (2) The rates for supply of water to a Water Users’ Association shall be on the volumetric basis measured at the point of supply.
3. (3) The Appropriate Authority shall have the power to levy the minimum charges as prescribed to the Water Users’ Association if water is not demanded or used for irrigation by Water Users’ Association in a season as per the Applicable Water Use Entitlement.
4. (4) The rates for supply of water under sub-section (2) and the minimum charges under sub-section (3) shall be such as may be prescribed.

1. (1) The Water Users Association shall have the power and responsibility to charge to its members, water rates as may be approved by the General Body of the Water Users Association.
2. (2) The Water Users Association shall have the power to levy the minimum charges in respect of the land for which water is not demanded or used for irrigation by the member: Provided that, no such minimum charge shall be levied if the water is not available as per the Sanctioned Water Use Entitlement.
3. (3) The Water Users Association shall also have the power to levy the water charges for use of recycled water or ground water by members.
4. (4) The Water Users Association shall be entitled to recover the previous dues from its member in the prescribed manner.

1. (1) It shall be the responsibility of the Appropriate Authority to supply water as per the Applicable Water Use Entitlement, in the prescribed manner to the Water Users’ Associations on the bulk basis measured volumetrically.
2. (2) It shall be the responsibility of the Water Users’ Association to supply water equitably in its area of operation as per the Applicable Water Entitlement of each member.

1. (1) Supply of water for irrigation to any Water Users Association at any level within the area of Management of Irrigation Systems by Farmers shall be in accordance with the Agreement to be signed by the Chairperson of the Water Users Association and the Chairperson of upper level Association or the Canal Officer duly empowered in this behalf, as the case may be. A note of such agreement, shall be kept with the Water Resources Department in the prescribed manner.
2. (2) The agreement shall, inter alia, contain the provisions for following:-
   • (i) Objectives of the Agreement;
   • (ii) Water Use Entitlement;
   • (iii) Water rate and assessment on volumetric basis;
   • (iv) Rights of member of the Water Users Association;
   • (v) Rights of the Water Users Association;
   • (vi) Recovery of water charges;
   • (vii) Previous dues;
   • (viii) Maintenance and Repairs of the Canal System;
   • (ix) Maintenance and Repairs of field channels and field drains;
   • (x) Special incentives, if any, given by the Appropriate Authority, from time to time;
   • (xi) Resolution of conflicts;
   • (xii) Period of Agreement;
   • (xiii) Termination or Revision of Agreement;
   • (xiv) Joint inspections, rehabilitation, schedule of balance work and handing over, etc.;
   • (xv) Compensation;
   • (xvi) Penalties;
   • (xvii) Technical guidance and training; (xviii) All other matters, as prescribed, which need to be provided for carrying out the purposes of this Act, in the Agreement under this Act.

In order to carry out functions of the Water Users’ Association and to achieve the objectives of this Act, the office-bearers of Water Users’ Association and any person acting under the general or specific instructions of such office bearers shall have such powers as may be prescribed.

A Water Users’ Association may, remove the encroachments from the property attached to the canal system within its area of operation in accordance with such procedure as may be prescribed.

1. (1) A Director of the Managing Committee of a Water Users Association, at any level, may resign his office by a letter sent by the registered post or tendered in person to the Chairperson of the Managing Committee concerned.
2. (2) The Chairperson of the Managing Committee of a Water Users Association at any level may resign his office by a letter sent or tendered in person to the Chairperson of the Managing Committee of the next immediate upper level Association concerned : Provided that, the Chairperson of the Managing Committee of a Project Level Association may resign his office by a letter sent by the registered post or tendered in person to the concerned Canal Officer. Explanation.- In case, where the Managing Committee of the upper level Association at any level does not exist, the resignation of the Chairperson of Managing Committee shall be sent by registered post or tendered in person to the Chairperson of the Managing Committee of the next upper level Association or the concerned Canal Officer, as the case may be.
3. (3) The resignation letters received under sub-sections (1) and (2), shall immediately be forwarded to the Managing Committee of the Water Users Association concerned for acceptance or otherwise and a copy of such resignation letter shall also be forwarded to the concerned Canal Officer.
4. (4) Every such resignation shall take effect from the date of its acceptance by the concerned Managing Committee or on the expiry of thirty days from the date of its receipt by the concerned Managing Committee, whichever is earlier.

1. (1) An employee of the Government of India or any State Government or of a Local Authority or any institution receiving aid from the funds of the Government, shall be disqualified for election or for being or continuing as the Chairperson or a Director of a Managing Committee of the Water Users Association.
2. (2) No person who has been convicted by a criminal court for any offence involving moral turpitude shall be qualified for election or being or continuing in the office of a Chairperson or a Director of a Managing Committee of a Water Users Association.
3. (3) A person shall be disqualified for being elected as the Chairperson or a Director of the Managing Committee of a Water Users Association if, on the date fixed for the scrutiny of the nominations for election, or on the date of nominations, he is,-
   • (a) of unsound mind and stands so declared by a Competent Court;
   • (b) an undischarged insolvent;
   • (c) has defaulted in the payment of land revenue or water tax or charges payable either to the Government or to the Water Users Association;
   • (d) interested in a subsisting contract made with or any work being done for, a Municipal Council or Corporation or the Panchayat Samiti or a Zilla Parishad or any State or Central Government or the Water Users Association: Provided that, a person shall not be deemed to have any interest in such contract or work by reason only of his having share or interest in,-
     • (i) the company as a mere share-holder but not as a director; or
     • (ii) any lease, sale or purchase of immovable property or any agreement for the same; or
     • (iii) any agreement for the loan of money or any security for the payment or money only; or
     • (iv) any newspaper in which an advertisement relating to the affairs of the Water Users Association is inserted. Explanation.- For the purposes of this clause, where a contract is fully performed, it shall not be deemed to be subsisting merely on the ground that the concerned Municipal Council or Corporation or Panchayat Samiti or Zilla Parishad, or Water Users Association, State or Central Government, has not performed its part of the contractual obligations.
4. (4) A Chairperson or a Director of the Managing Committee of a Water Users Association shall be disqualified for election to or continuing in such office if such office bearer absents himself from three consecutive meetings of the Managing Committee without reasonable cause and without prior intimation to the Committee in writing.
5. (5) A person having more than two children at the time of contesting the election of the Chairperson or Director of the Managing Committee shall be disqualified for such election: Provided that, a person having more than two children on the date of coming into force of this Act shall not be disqualified under this sub-section, for so long as the number of children he had on the date of such coming into force has not increased: Provided further that, a child or more than one child born at one time, within a period of one year from the date of such commencement shall not be taken into consideration for the purposes of disqualification under this section. Explanation.- For the purposes of this sub-section,-
   • (i) where a couple has only one child on or after the date of such coming into force, any number of children born subsequently, at one time only shall be deemed to be one child for the purposes of this section;
   • (ii) "child" does not include an adopted child or children.
6. (6) A person shall become disqualified to continue as a Director of the Water Users Association or hold the office of the Chairperson or the Director of the Managing Committee of a Water Users Association, if he ceases to be a landholder or occupier in the area of operation of the concerned Water Users Association.

1. (1) A vacancy arising either due to recalling of a Director under section 19 or disqualification under section 33 or due to death, resignation, or by any other reason shall be filled up by nomination in the prescribed manner.
2. (2) The term of office of a Director or the Chairperson of a Water Users’ Association, nominated under sub-section (1), shall be co-terminous with the term of the Managing Committee.

1. (1) Every Water Users Association shall keep at its office, the following books of accounts and records, namely :-
   • (a) a register of members of the Water Users Association, containing the names of the members, their holding of lands in the area of operation of the Water Users Association and their Water Entitlements in the normal Year;
   • (b) a copy of this Act duly modified upto date;
   • (c) a map of the area of operation of the Water Users Association along with map of the structures and canal systems prepared in consultation with the Water Resources Department of the Government;
   • (d) a statement of the assets and liabilities;
   • (e) a register of the proceedings of the General Body meetings;
   • (f) a register of the proceedings of the Managing Committee meetings;
   • (g) a register of proceedings of the elections and recall of the Director of the Managing Committee;
   • (h) books of account showing receipts and payments;
     • (i) books of account of all purchases and sales of goods by the Water Users Association;
   • (j) register of measurement books, level field books, work orders and the like;
   • (k) copies of audit reports and enquiry reports;
   • (l) Water Accounts; and
   • (m) all such other accounts, records and documents as may be prescribed.
2. (2) The books of accounts and other records maintained by the Water Users Associations shall be open for information to the Members of such Association, subject to the rules being made in this behalf.

1. (1) The State Government shall publish model regulations for guidance and adoption by the Water Users’ Associations and its Managing Committee laying down guidelines relating to the number of meetings to be held, the procedure and the quorum in the meeting, etc.
2. (2) The Water Users’ Association shall adopt the model regulations, with necessary modification, if any, required, after recording reasons necessitating such modification, so however, as not to be entirely defeating its nature and purpose.

1. (1) In case of any abuse of powers and failure to carry out functions on the part of the Managing Committee of a Water Users’ Association, or contravention of the provisions of this Act or rules, the concerned Appropriate Authority may, after giving the defaulting Managing Committee a reasonable opportunity to show cause, dissolve such Managing Committee or pass such orders as deemed necessary: Provided that, on such dissolution, the Managing Committee shall be reconstituted within a period of three months from the date of such dissolution.
2. (2) The State Government may, by notification in the Official Gazette, pending the reconstitution of the Managing Committee of a Water Users’ Association appoint an officer, as prescribed, to exercise the powers and perform the function of such Managing Committee.
3. (3) If the Water Users’ Association does not function even after such reconstitution under sub-section (1), the Appropriate Authority may, after giving the Managing Committee of such association a reasonable opportunity of being heard, take such necessary action, as may be prescribed.

1. (1) The Appropriate Authority may, by notification in the Official Gazette, appoint or designate such number of officers of the State Government in the Water Resources Department, as it may deem fit, to be the Competent Authority in respect of any Water Users’ Association for the purposes of this Act.
2. (2) The Competent Authority so designated under sub-section (1) shall provide technical advice and ensure that work is executed in accordance with technical parameters.