Chapter 2 WATER USERS ASSOCLATION.

(i) The water Users' Association shall be constituted in such manner that:- (a) A contiguous area whether irrigated or capable of being irrigated by an irrigation system shall normally come under one Water Users' Association: (b) The command areas of different canals shall be distinct and shall not overlap one another.

(i) There shall be water Users' Association called by its local distinct name for every water users' area delineated under section 3-(i)-a. (ii) Every Water Users' Association shall consist of all water users who are land owners in such Water Users; area as members. (iii) All members specified in clause-(i) shall constitute the general body of the Water Users' Association and shall have right to vote.

(i) There shall be an Executive Committee for evey Water Users' Association. (ii) The Water Users' Association shall make arrangements for the election of its Office Bearers consisting of President, secretary and Treasurer by direct election or by method of secret ballot in the manner prescribe. : provided that the department for the reason to be recorded in writing may vary the time of election fiom time to time, or postpone elections. : Provided further thatwhere a land owner holds land in more than one Water Users' area, he shall be eligible to become a member in both the Water users'Association but he shall be eligible to take part inelection for executive Committee only of one Water Users' Association for which he opts in the manner as many be prescribed. (iiii The Water Users' Association Shall also make arrangement for appointment of execufivemembers whichmust constituteat least 2(two) but not exceeding m e . (iv) In case of inability to elect the office bearers by the Water Users'Association themselves, the Executive Engineer of the concerned division shall cause arrangements forthe election of the office bearers. (v) The Office Bearers and the members of the Executive Committee shall if not recalled, be in the office for a period of 5(five) years fiom the date of its appointment and shall be eligible for re-election. (vi) No person shall hold more than one post of office bearers in the Executive Committee. (vi] The Executive Committee shall exercise the powers and perform the functions of the Water Users' Association. (ii) Every Water Users' Association shall consist of all water users who are land owners in such Water Users; area as members. ( All members specified in clause-(i) shall constitute the general body of the Water Users' Association and shall have right to vote.

(i) There shall be a Co-ordiition Committee called by its local distinct name for those Cluster Projects comprising of two or more Water Users' Association. (ii) AU thel'residents and Secretaries ofwaters Users' Association in the Cluster Project area so long as they hold offices, shall constitute the members of the Co-ordination Committee. i There shall be anExecutive Committee forevery Co-ordination Committee. (N) (a): The members of the co-ordination committee shall make arrangement for the Appointment of Executive Committee which will consist of Chairman, General Secretary with 2(two) to S(five) members from amongstthemselves either method or by secret ballot. : Provided that the Department may, for reasons to be recorded in writing fiom time to time postpone elections. (b) The Executive Committee of the Co-ordination committee may co-opt 1 (one) person from amongst theNGOs working for the welfare of farmers within its jurisdiction as member of the Co-ordination Committee. (v) In case of inability of elect the Executive Committee by the members themselves, the Executive Engineer of the concerned Division shall cause arrangement for the election of the Executive Committee. (vi) The chairman and members of the Co-ordination Committee, shall if not recalled, be in off~ce for a period of S(five) years from the date of its appointment and shall be eligible for re-election. (vii) The Executive Committee shall exercise the powers and perform the functions of the Co-ordination Committee.

(i) The Governor may, by notification constitute an Apex Committee at the State Level with such members as may be considered necessary. (ii) The Committee, constituted under &b-section (i); may exercise powers and functions as may be necessary to; (a) Lay down the policies for implementation of the provision of this Act, and (b) Give such directions to any Co-ordination Committee or Water User's Associations or to the Department as may be considered necessary in exercising their powers and performing their functions in accordance with the provisions of this Act.

(i) A motion for recall of a Chairman or President or Secretary or an Executive members, as the case may be of a Water User's Association or Co- ordination Committee may be made by giving a written notice as may be prescribed, approved by not less than one-third of the total number of members who are entitled to vote. : provided that no notice of motion under h s section shall be made within one year form the date of assumption of office by the person against whom the motion is sought to be moved. Ifthe motion is carried with the support of majority ofthe members present and voting at the meeting of the General Body specially convened for the purpose, the Executive Engineer or the Chief Engineer as the case may be shall by order remove him from office and the resulting vacancy shall be filled inthe same manner as casual vacancy is fded.

Every Water User's Association shall be a body corporate with a distinct name having perpetual succession and a common seal and subject to the provisions of this Act vested with the capacity of entering into contracts and of doing all thiigs necessary, proper or expedient for which it is constituted and it shall sue or be sued in its corporate name represented by the Chairman or the President as the case may be : provided that no Water User'sAssociation shall have the power to alienate in any manner, any property vested to it.

The Department may in the interest of the Water User's Association in the command area, by notification and in accordance with the rules made in this behalf, (a) form a new Water User's Association by separating the area from any Water User's Association; (@) increase the area of any WaterUser'sAssociation; (c) diminish the area of any Water User's Association; (d) alter the boundaries of any Water User's Association; (e) cancel anotification issuedunder this Act orrectifying any mistake; : provided that, no such separation, increase, diminution, alteration and cancellation shall be effected unless areasonable opportunity is given to the organisation likely to ba affected.

(i) A person who is an employee of the Government of India or any State Government or of an institution receiving aid from the funds of the Government shall be disqualified for election or for continuing as a Chairperson or as a President or amember of the Executive Committee of Water User's Association or Co-ordination Committee. i) No person who has been convicted by a criminal count for any offence involving moral turpitude committed under any law for the time being in force shall be qualified or continuing in the office of a Chairperson ora President or a member of an Executive Committee of a Water User's Association or Co-ordination Committee. i ) A person shall be disqualified for being chosen as a Chairperson or a President or a member of the Executive Committee of a Water User's Association or Co-ordination committee if on the date of nomination of elections he is- (a) of unsound mind and stands so declared by a competent count. (b) a defaulter of land revenue or water tax or charges payable either to the Government or to the Water User's Association. (c) interested in a subsisting contract made with or any work being done for village council or State or Central Government or the Water User's 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) a company as amere share holder but not as a Director, or ) any lease, sale or purchase of immovable property or any agreement forthe same, or i ) any agreement for the loan of money or any security forthe payment of money only or, (iv) any newspaper in which any advertisement re- affair ofthe Water User's Associationin inserted. (v) A Chairman or President or a member of the Executive Committee shall also become disqualified to continue inoffice, ifhe; (a) is convicted ina niminal case involving moral turpitude, or (b) remain absent for 3 consecutive meeting without reasonable cause; : provided that such disqualification under item-( b) shall not apply in the case of women who are in anadvanced stage of pregnancy and for aperiod of 3 months after delivery.

0 a vacancy arising either due to disqualification under section 2-(9) or due to death or registration or by any reason, such vacancy shall be filled up by nomination by the Executive Committee of that Water User'sAssociation/ Co-ordiion Committee inthe manner prescribed. (in) The Executive Engineer shall take necessary action to ensure that elections are conducted to fill up any vacancy within aperiod of one month a om the date of occurrence of such vacancy. (iii) The term of office of a member or a President or a Chairman elected under Sub-section-ii above shall expire at the time of which it would have expired if he had been elected at the ordinary election.

(i) Every Water User's Association shall be required to register from the Government in the manner prescribed; (a) They shall frame the bye-law and prepare a list of all their members along withthe office bearers and Executive Committee members duly signed by the President and Secretaries of their respective Water User'sAssociations. (b) The list so prepared shall indicate the name of the land owner and the area cultivatedfor various crops during Kharif and Rabi season. (c) This shall be submitted to the Executive Engineer of the concerned division and after scrutiny shall forward it to the Chief Engineer, who shall then recommend it to the Administrative Head for approval and registrat.on. (d) Formation and registration of Water User's Association is mandatory for implementation of any irrigation scheme under the Department.

The objective of the Wateruser's Association shall be: a. To promote and secure distribution of water among its users. b. Adequate maintenance of theirrigation system, efficient and economical utilization of water to optimize agricultmal production c. To protect the environment and to ensure ecological balance. d. Involve the farmers to develop a sense of ownership ofthe irrigation system in accordance with the water budget and operational plan.

The Water Users' Association shall perf01111 the following functions:- (i) Implement the civil works of the irrigation schemes introduced to the area being funded by the Central Government or State Government or both or from funding agency by entering into an agreement with the Department through an Memorandum ofunderstandmg (MoU). provided the works can be executed by them without compromising onthe quality of works and as per design specification, or otherwise should be executedbv anexverienced and capable contractor identitied by the Water Users' Association and with the approval of the Department, implement the works on behalf of the Water Users' Association. ~rovided the Department desires that the civil works require high quality and precision which cannot be implemented by the Water Users' Association, such works shall be implemented by contract through tendering system in the manner prescribed in " TheNagaland Public Work and Account Rule 2012". ) To prepare and implement RWS schedule for each irrigation season consistent with The operational plan, based upon the entitlement, area soil and cropping pattern as approved by the Executive Committee of Water Users' Association, or as the case may be, the Co-ordination Committee. X i To prepare a plan for the maintenance of system in the area of its operation at the beginning of each crop season and to cry out the maintenance works of main channel, branch channel and field drains in its area of overation with the funds of the association fiom time to time. (N) to regulate the user of water among the various outlets under its area of overation according to the RWS schedule of the system. - - (v) to promote economy in the use of water allocated. (vi) to assist the Deuariment in fixation of water rates. , , - (vii) to collect water charges. (viii) to maintain aregister of land and holders as per record. (ii) to prepare and maintain a register of co-opted members (x) to prepare andmaintam an mventory of the mgation system withinthe area of operation. (xi) to monitor flow of water for irrigation. (xii) to resolve the disputes, if any, between the members and waterusers in its area of operation. (xiiii to raise resources. (xiv) to maintain accounts. (xv) to cause annual audit of its accounts. (xvi) to assist in the conduct of election to the Executive Committee. ( ~ ) to maintain other records as may be prescribed. (xvii) to abide by the decisions of their Executive Committee as the case may be. (xix) to conduct General Body meeting, as may be prescribed. (xx) to encourage avenue for plantation on canal bunds and catchment areas. (fi) to conduct water budgeting and periodical audit, as may be prescribed.

(iJ to regulate the use of water among the various Water Users' Association under its area of operation. (ii) to resolve disputes, if any, between the various Water Users' Association under its area of operation. [i) to maintain aregister of Water Users' Association in its area of operation. (N) to maintain aninventory of the irrigation system in the areaof its operation, includmg drains. (v) to promote economy inthe use of water allocated. (vi) to maintain such other records, as may be prescribed. (vii) to maintain the flow of water for inigation to v p in its area of operation. - (viii) to conduct General Body meetings in the manner, as prescribed. (ii) to abide by the decisions of the Department and the Apex Committee as the case may be. (x) to cause regular water budgeting. ( ) to assist in the conduct of elections to office bearers of the Executive Committee. (xii) to encourage avenue plantations in its area of operation.

A Water User's Assoclanon may, for carrying out the purpose of this Act, and for achieving the objectives and perform its functions, levy and collect such fees as may be prescribed fiom time to time.

A Water User's Association or the Co-ordination Committee or both shall remove encroachments fromproperty attached to the inigation system within its area of operation in accordance with the procedure as may be prescribed.

(i) to conduct the affairs of Water User's Association in a democratic, fee fair and trans~arent manner. ) to preside over Geneml Body meetings and regular fortnightly and monthly meetings as the case may be of Executive Committee in a peaceful and democratic manner. [i) to exercise his vote only in case of tie of votes on any matter decided upon by Executive Committee or General Body. (iv) to be an authorized representative of Water User's Association at all forums, meetings called by an authority (v) to form sub-committee of Water User's Association if so required and assigned roles and duties accordingly. (vi) to monitor equitable distribution of water. (vii) to send reports, estimates, letters etc. to the Department or any other concerned authority. (viii) to deploy employee for aparticularjob preferably landless person under his area of operation and take decision about honoraria etc. of the deployed employee. ) to conduct walk through and invite special invitee in the meetings. (x) to establish co-ordination with Department and other Water User's Associations. (xi to authorize passed vouchers for payments for work done.

(i) to assist the President of the Water User's Association regarding the functions ofwater User's Associations. i to convene General Body Meetings and regular fortnightly or monthly as the case may be, meetings of Executive Committee of Water User's Associations. (iii) to record and maintain the minutes of meetings with the consent of the President. (iv) to issue orders and resolutions of Executive Committee. (v) to maintain all records of Water User's Association. (vi) to operate account of Water User's Associahon jomy wrth the Treasurer. (vii) to get annual account audited by the authorized auditor. (viii) to do all correspondence with Department, other Water User's Association, members of Water User's Association and other authorities on behalf of the President. (ix) to authenticate all permissions, orders, decisions, notices and other documents of General Body and Executive Committee.

(i) to maintain all receipts, vouchers of expenditure and otherrelated records. (ii) to maintain and update cashbook, cheque book, bills and other registers. (iii) to get annual account audited by authorized auditor. (iv) to prepare annual financial budget. (v) to make payments on orders of the President. (vi) to get funds fiom different resources.