Chapter VII CONFLICT RESOLUTION

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63. Settlement of disputes.

Statutory text

(1) Any dispute or difference concerned with the constitution, management, powers or functions of a Water Users’ Association arising amongst members, shall be resolved by the Managing Committee of the Water Users’ Association concerned.
(2) Any dispute or difference arising amongst a Member and the Managing Committee of a Water Users’ Association or between two or more Water Users’ Associations shall be resolved by the next immediate Upper Level Association: Provided that, in case of dispute or difference arising between a member and the Managing Committee of a Project Level Association or between two or more Project Level Associations, such dispute shall be resolved by such Canal Officer, as may be prescribed, whose decision thereon shall be binding on all concerned.
(3) If the dispute is between the Water Users’ Association and the Appropriate Authority, such dispute shall be referred to such authority as may be prescribed in this behalf. Explanation.- In cases where the Managing Committee of the Upper Level Association at any level does not exist, then the dispute shall be resolved by the Managing Committee of next Upper Level Association or the concerned Canal Officer, as the case may be.
(4) Every dispute or difference under this section shall be disposed of within forty-five days from the date of reference of the dispute or difference. For resolving the dispute as regards water use entitlement and water distribution, the provisions of section 21 of the Maharashtra Water Resources Regulatory Authority Act, 2005 (Mah. XVIII of 2005) shall apply and the decisions regarding compensation shall be taken in accordance with the provisions of section 75 of the Maharashtra Irrigation Act, 1976 (Mah. XXXVIII of 1976).

Chapter VII CONFLICT RESOLUTION

64. Appeals.

Statutory text

(1) Any person aggrieved by any decision made or order passed by any Managing Committee of a Water Users’ Association at any level may appeal to the Managing Committee of the immediate Upper Level Association.
(2) Any person aggrieved by any decision made or order passed by the Managing Committee of a Project Level Association may appeal to such authority as may be prescribed, whose decision thereon shall be final.
(3) Any appeal under this section shall be made within thirty days from the date of receipt of the communication of the decision or from the date of the receipt of the order by the aggrieved party, whichever is earlier: Provided that, the appellate authority may, for sufficient reasons to be recorded in writing, condone the delay in filing the appeal beyond thirty days.
(4) Every appeal under this section shall, be disposed of within thirty days from the date of filing of the appeal: Provided that, when the appeal is not disposed of within the period specified, the appellate authority shall record the reasons in writing for the delay beyond the period of thirty days. Explanation.-In case immediate Upper Level Association at any Level does not exist, then the Appeal may be made to the next Upper Level Association or concerned Canal Officer, as the case may be.

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