Chapter VIII GENERAL PROVISIONS

The provisions of the sections 11 to 14 and section 22 of the Maharashtra Water Resources Regulatory Authority Act, 2005 (Mah. XVIII of 2005) shall apply in implementing this Act and the rules made thereunder.

Unless otherwise decided by the Government, the ownership and the control of the following shall vest in the Government, namely :-

1. (i) Reservoirs and Head works of any irrigation project;
2. (ii) main rivers and their tributaries;
3. (iii) Government buildings, colonies and lands;
4. (iv) Government vehicles;
5. (v) Government telecommunication systems: Provided that, the Government may, upon request being made in that behalf, permit a Water Users’ Associations to use the facilities mentioned at clauses (iii), (iv) and (v) in the prescribed manner, on payment of such charges as may be prescribed. The Government may depute its employees to the Water Users’ Associations, if such request is made by the Water Users’ Association.

1. (1) Every canal system except the canal system handed over to the Water Users’ Associations shall be controlled, regulated and maintained by the State Government.
2. (2) During natural calamity or in exceptional circumstances the special repairs work in the area of the project, handed over to the Water Users’ Associations shall be carried out, as prescribed, by the Appropriate Authority.

1. (1) Water budgeting, that is to say, preparing the preliminary Irrigation programme for the project, in consultation with the Canal Officer duly empowered in this behalf, shall be the responsibility of the Project Level Association. Such Preliminary Irrigation Programme shall be based on priorities determined by the State Government, from time to time. Explanation.-When a Project Level Association does not exist, the preparation of preliminary Irrigation programme shall be the responsibility of the concerned Canal Officer.
2. (2) The Applicable Water Use Entitlement shall be worked out every year or, every season as the case may be, considering practical situation and directives issued by the State Government.

The ownership of the canal system handed over to the Water Users’ Association for the purposes of management thereof shall be with the State Government and the State Government shall have the power to take control of such system in the larger public interest.

The Appropriate Authority shall regulate the water supply for non-irrigation purposes from Reservoir, Main Canals, Branch Canals, Distributaries and rivers in such a manner as to protect and safeguard the Applicable Water Use Entitlement of Water Users’ Associations at all levels.

Sections 88 and 89 of the Maharashtra Irrigation Act, 1976 (Mah. XXXVIII of 1976) shall, mutatis mutandis apply to recovery of water charges in areas under the Management of Irrigation Systems by Farmers.

Any existing Water Users’ Association in a delineated area constituted prior to the date of commencement of this Act, under any law for the time being in force, shall be deemed to have been constituted under the provisions of this Act : Provided that, the areas of operation of such Water Users’ Associations shall be delineated in accordance with the relevant provisions of this Act and for that purpose the existing agreement, if any, shall accordingly stand modified.

1. (1) This Act shall apply to the on going projects from the date of its publication in the Official Gazette.
2. (2) The work of distribution system having discharge capacity not exceeding one cubic meter per second shall be carried out only after constituting Minor Level Water Users’ Association under sections 5, 6, 7 and 8 of this Act, in the command area, with the participation of Minor Level Water Users’ Association, as prescribed and area of operation shall be handed over to such Associations. As the Minor Level Water Users’ Associations are participated from construction stage, the provisions under section 22, regarding repairs and renovations, shall not apply to such Associations.

1. (1) All permissions, orders, decisions, notices and other documents, except the Agreement, of the Water Users’ Association shall, be authenticated by the Chairperson of the Water Users’ Association or Member-Secretary authorised by the Water Users’ Association in this behalf.
2. (2) The Agreement, shall be signed by the Chairperson of the Water Users’ Associations.

No actions or proceedings of the Water Users’ Association shall be invalid for the reason merely of the existence of any vacancy in or defect in the constitution of such Association.

1. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
2. (2) Except when rules are made for the first time, all rules made under this Act shall be subject to the condition of previous publication.
3. (3) Every rule made under this Act shall be laid, as soon as may be, after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session in which it is so laid or the session or sessions immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made and notify such decision in the Official Gazette, the rule shall from the date of publication of such notification have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

On the commencement of this Act, in relation to the areas under the Repeal. Management of Irrigation Systems by Farmers, sections 46 to 48, section 55, sections 57, 58, 60 and 61 to 74 of the Maharashtra Irrigation Act, 1976 (Mah. XXVIII of 1976), shall be deemed to have been repealed: Provided that, the repeal shall not affect -

1. (i) the previous operation of any of the sections so repealed or anything duly done or suffered thereunder; or
2. (ii) any right, privilege, obligation or liability acquired, accrued or incurred under any section so repealed; or
3. (iii) any penalty, forfeiture or punishment incurred in respect of any offence committed against any section so repealed; or
4. (iv) any investigation, proceeding, legal proceeding or remedy in respect of any right, privilege, obligation, liability, penalty, forfeiture or punishment, as aforesaid, and any such investigation proceeding, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had been come into effect: Provided further that, subject to the preceding proviso, anything done or any action taken (including any charges created, appointments, rules, notifications, orders, summons, notices, warrants and proclamations made or issued, authorities and powers conferred or vested, record-of-rights prepared or revised, canals or any water works or water courses or field-channels constructed, any supply of water made, water rates charged, agreements or contracts made, any taxes or fees levied, any compensation awarded, any labour obtained or supplied for emergency works of canals, any rights acquired or liabilities incurred, any suits instituted or proceeding taken or appeal made), under any section so repealed shall, in so far as such thing done or action taken is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provision of this Act and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under this Act.

The provisions of the Maharashtra Irrigation Act, 1976 (Mah. XXVIII of 1976) which have not been specifically repealed by this Act shall remain in force and shall mutatis mutandis apply to areas under the Management of Irrigation Systems by Farmers.

Notwithstanding anything contained in any other law for the time being in force, the provisions of this Act shall have overriding effect, in respect of the areas of the Management of Irrigation System by Farmers.

1. (1) If any difficulty arises in giving effect to the provisions of this Act or as to the first constitution or reconstitution of any Water Users’Association after the coming into force of this Act, the Appropriate Authority, as the occasion may require, by order published in the Official Gazette, take necessary action for removing difficulties : Provided that, no such order shall be issued after the expiry of a period of two years from such commencement.
2. (2) All orders made under sub-section (1) shall, as soon as may be, after they are made, be laid on the table of the both Houses of the State Legislature.

The Maharashtra Management of Irrigation Systems by Farmers Ordinance, 2004 (Mah. Ord. XXIII of 2004), is hereby repealed.