GOVERNMENT  OF  MAHARASHTRA
LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA  ACT  NO.  XXIII  OF  2005.

THE  MAHARASHTRA
MANAGEMENT  OF  IRRIGATION
SYSTEMS  BY  FARMERS  ACT,  2005.

(As modified up to the 7th May 2013)

h

PRINTED  IN  INDIA  BY  THE  MANAGER,  GOVERNMENT  PHOTOZINCO  PRESS,   PUNE
AND  PUBLISHED  BY  THE  DIRECTOR,  GOVERNMENT  PRINTING  AND  STATIONERY,
MAHARASHTRA  STATE,  MUMBAI  -  400  004.

2013

[  Price—Rs.  17.50/-  ]

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.

GOVERNMENT  OF  MAHARASHTRA
LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA  ACT  NO.  XXIII  OF  2005.

THE  MAHARASHTRA
MANAGEMENT  OF  IRRIGATION
SYSTEMS  BY  FARMERS  ACT,  2005.

(As modified up to the 7th May 2013)

h

PRINTED  IN  INDIA  BY  THE  MANAGER,  GOVERNMENT  PHOTOZINCO  PRESS,   PUNE
AND  PUBLISHED  BY  THE  DIRECTOR,  GOVERNMENT  PRINTING  AND  STATIONERY,
MAHARASHTRA  STATE,  MUMBAI  -  400  004.

2013

 2005 : Mah. XXIII]

(i)

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.
THE MAHARASHTRA MANAGEMENT OF IRRIGATION
SYSTEMS  BY  FARMERS  ACT,  2005.
____________

PREAMBLE.
SECTIONS.

CONTENTS

CHAPTER I
PRELIMINARY

1. Short title, extent and commencement.
2. Definitions.

CHAPTER II

WATER USERS’ ASSOCIATION AND DELINEATION OF COMMAND AREA

THEREOF.

3. Water Users’ Association to be body corporate.

4. Objects of Water Users’ Association.

5.  Delineation  of  areas  as  areas  under  Management  of  Irrigation  System  by

Farmers.

6. Delineation of Command Area of Water Users’ Association at minor level.

7.  Supply of water, to land under Management of Irrigation System by Farmers.

8. Constitution of Water Users’ Association at Minor Level.

9. Managing Committee of Water Users’ Association at Minor Level and election

of its Directors and Chairperson.

10. Delineation of area of operation of Distributary Level Association.

11. Constitution of Distributary Level Association.

12. Managing Committee of Distributary Level Association and election of its

Directors and Chairperson.

13. Delineation of area of operation of Canal Level Association.

14. Constitution of Canal Level Association.

15. Managing Committee of Canal Level Association and election of its Directors

and Chairperson.

16. Delineation of area of Operation of Project Level Association.

17. Constitution of Project Level Association.

18. Managing Committee of Project Level Association and election of its Directors

and Chairperson.

(ii)

[2005 : Mah. XXIII

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.

19. Procedure for recall.

20. Constitution of Sub-committees of Water User’ Association.

21. Agreement.

22.  Joint Inspection, repairs, rehabilitation and handing over of management of

Command Area to minor level Water Users’ Association.

23. Installation of Measuring Device.

24. Freedom of cropping.

25. Freedom of recycling irrigation water and use of ground water.

26. Modes and rates for supply water to Water Users’s  Association.

27. Powers of Water Users’ Association to charge for supply of water to members.

28. Supply of water as per Entitlement.

29. Contents of Agreement.

30. Office bearers of Water Users’ Association and their powers.

31. Power to remove encroachments.

32. Resignation.

33. Disqualiflcations.

34. Filling up of vacancies.

35. Records.

36. Model regulations.

37.  Dissolution  of  Managing  Committee  of  Water  Users’  Association  and

transitional arrangements.

38. Appointment of Competent Authority.

CHAPTER III

LIFT IRRIGATION WATER USERS’ ASSOCIATION.

39. Water Users’ Association for Lift Irrigation.

40. Permission to form Lift Irrigation Water User’s Association on notified rivers

or streams in command of flow irrigation.

41.  Permission  to  individual  lifts  on  notified  rivers  or  streams  upstream  of
reservoir  beyond  the  area  of  operation  of  Lift  Irrigation  Water  Users’
Associations on reservoir.

42.  Delineation of areas of operation of Lift Irrigation Water Users’ Associations.

43. Constitution of Lift Irrigation Water Users’ Association.

 2005 : Mah. XXIII]

(iii)

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.

44. Managing Committee of Lift Irrigation Water Users’ Association and election

of its Directors and Chairperson.

45.  Water supply to all Lift Irrigation Water Users’ Associations and individual

lifts to be regulated by Canal Officer.

46.  Lift Irrigation Water Users’ Associations not to lift water directly from the

Main Canal.

47. Provision and maintenance of Water Meters by Lift Irrigation Water Users’

Associations.

48. Regulation of supply of electricity to Lift Irrigation Water Users’ Association.

49. Determining water rates for Lift Irrigation Water Users’ Associations.

50.  Application of provisions of Water Users’ Associations.

51. Linkages of Lift Irrigation Water Users’ Associations.

CHAPTER IV

POWERS AND FUNCTIONS OF WATER USERS’ ASSOCIATIONS.

52. Powers and Functions of Water Users’ Associations.

53. Functions of Appropriate Authority and powers and duties of Canal Officer.

CHAPTER V

SOURCES OF FUNDS.

54. Sources of funds of Water Users’ Association.

55. Utilisation of funds of Water Users’ Association.

56. Budget.

57. Deposit and administration of the funds.

58. Reserve fund.

59. Audit.

CHAPTER VI

OFFENCES AND PENALTIES.

60. Offences and penalties.

61. Compounding of offences.

62. Punishment under other law not barred.

CHAPTER VII

CONFLICT RESOLUTION.

63. Settlement of disputes.

64. Appeals.

(iv)

[2005 : Mah. XXIII

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.

CHAPTER VIII

GENERAL PROVISIONS.

65. Application of the provisions of the Maharashtra Water Resources Regulatory

Authority Act, 2005.

66. Ownership and control of specified items or components to vest with State

Government.

67. Control of Canal System not handed over to Water Users’ Association.

68. Water Budgeting at Project Level.

69. State Government to be lawful owner of Canal System.

70. Water Supply for non-irrigation purposes.

71. Recovery of Water Charges.

72. Act to apply to existing Water Users’ Associations.

73. Special provisions regarding on going projects.

74. Authentication of orders and documents of Water Users’ Association.

75. Actions not to be invalidated by infirmity or vacancy, etc.

76. Rules.

77. Repeal.

78. Saving.

79. Act to have overriding effect.

80. Power to remove difficulty.

81. Repeal of Mah. Ord. XXIII of 2004.

______________

 2005 : Mah. XXIII]

1

Maharashtra Management of Irrigation Systems
MAHARASHTRA ACT No. XXIII OF 20051.
 by Farmers Act, 2005.
(THE MAHARASHTRA MANAGEMENT OF IRRIGATION SYSTEMS BY FARMERS ACT, 2005)

[This Act received the assent of the Governor on the 17th May 2005; assent
was first published in the Maharashtra Government Gazette”,
on the 19th May 2005].

An Act to provide for Management of Irrigation Systems by Farmers

and for matters connected therewith or incidental thereto.

WHEREAS the National Water Policy (2002) lays down that efforts should be
made to progressively involve farmers, in the various aspects of management of
irrigation systems;

AND WHEREAS the Maharashtra Water and Irrigation Commission (1999)
has recommended that the statutory provisions may be made for management
by farmers, of irrigation systems, by providing water from Public Canal System
to Water Users’ Associations on volumetric basis;

AND WHEREAS it is decided by the State Government to bridge the gap
between irrigation potential created and its actual utilisation and to optimise
the benefits by ensuring proper use of surface and groundwater by increased
efficiency in distribution, delivery, application and drainage of irrigation systems
and for achieving this objective to give statutory recognition to the constitution
and operation of Water Users’ Associations so as to enable the farmers to act
collectively to improve the productivity of agriculture;

AND WHEREAS both Houses of the State Legislature were not in session;

AND WHEREAS the Governor of Maharashtra was satisfied that circumstances
existed which rendered it necessary for him to take immediate action, to make
necessary provisions, for the purposes aforesaid; and, therefore, promulgated
the Maharashtra Management of Irrigation Systems by Farmers Ordinance,
2004, on the 18th August 2004;

AND WHEREAS  it is expedient to replace the said Ordinance by an Act of the
State Legislature; it is hereby enacted in the Fifty-sixth Year of the Republic of
India, as follows:-

Mah.
Ord. XXIII
of
2004.

CHAPTER I

PRELIMINARY.

1. (1) This Act may be called the Maharashtra Management of Irrigation Systems

by Farmers Act, 2005.

   (2) It extends to the whole of the State of Maharashtra.

Short  title,
extent  and
commence-
ment.

1    For  Statement  of    Objects  and  Reasons  see  Maharashtra  Government  Gazette,  Extra-

ordinary, Part V-A, page 398.

2

[ 2005 : Mah. XXIII

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.

(3)  Save as otherwise expressly provided in this Act, it shall come into force
on such date* as the State Government, may by notification in the Official Gazette,
appoint and different dates may be appointed for different areas and for different
provisions:

Provided that, the areas in respect of which the notification under section 5
has not been issued, it shall not come into force in such area and the provisions
of the Maharashtra Irrigation Act, 1976 shall continue to apply in that area.

Mah.
XXXVIII  of
1976.

Defini-
tions.

2. In this Act, unless the context otherwise requires,—

(I) (a) “adequate repairs and renovations”, in relation to handing over of Canal
System to Water Users’ Association, means those repairs and renovations which
are essential for passing designated discharge, control and measuring of water,
regulation of water level and convey water to all fields, by flow under gravity, in
the area of operation of Water Users’ Association;

(b) “Agreement” means an agreement between the Water Users’ Association
and the upper level Water Users’ Association or Canal Officer, as the case may
be, for the supply of water on volumetric basis for irrigation and handing over of
physical system for operation, maintenance and management;

(c) “Applicable Water Entitlement (Water Quota)”, in relation to a reservoir
supported  canal  system,  means  the  total  volume  of  water  guaranteed  to  be
supplied to a Water Users’ Association at the agreed point of supply, in any year
arrived at according to the rules made under this Act, by the Appropriate Authority
and  in  the  case  of  Minor  Irrigation  Projects  having  only  one  Water  Users’
Association, available water for Irrigation at Canal Head;

(d) “Appropriate Authority” means the Appropriate Authority as defined in
clause (2) of section 2 of the Maharashtra Irrigation Act, 1976 and also includes
Maharashtra Water Resources Regulatory Authority and Irrigation Development
Corporations  established  by  the  State  Government  by  Acts  of  the  State
Legislature;

Mah. XXXVIII
of
1976.

(e) “area of operation”, in relation to a Water Users’ Association means the

area notified under section 5 in respect of such Association;

(f) “Canal Officer” means the Canal Officer appointed under clause (4) of
section 2 of the Maharashtra Irrigation Act, 1976 who is duly empowered by the
State Government, by notification in the Official Gazette, for the purposes of
exercising the powers and discharging the duties under this Act;

Mah. XXXVIII
of
1976.

(g) “Canal System” means all canals and includes all lands commanded thereby;

*  This  Act  came  into  force  on  the  18th  December  2006,  vide  Government  Notification,  Water
Resources  Department,  No.  MMI.  1006/(517-06)/IM  (P),  dated  the  18th  December  2006.

 2005 : Mah. XXIII]

3

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.

(h) “Command Area”, in relation to flow and lift irrigation on a canal, means
the  land  under  irrigable  command  of  a  canal,  bound  by  hydraulic  or  other
boundaries for which a Water Users’ Association is formed;

(i) “Competent Authority” means the Authority appointed under section 38;

(j) “Culturable Command Area” means the area under an Irrigation Project,

which is culturable and can get irrigation facility through Canal System;

(k) “Deficit Year”, in relation to a diversion system or reservoir based canal
system, means a year in which the water availability at the head works is less
than that in a Normal Year;

(l) “Designated Discharge” means designed discharge or a revised designed
discharge which the Canal System can carry after its rehabilitation or renovation,
as the case may be;

(m) “Entitlement” means bulk water use entitlement or individual water use

entitlement, as determined by Appropriate Authority from time to time;

(n) “General Body”, in relation to a Water Users’ Association means the body

of all members of such Association;

(o) “Hydraulic Basis” means the basis for identifying an area of operation of
Water Users’ Association served by one or more hydraulic structures such as
Head Regulator of Canal, Distributary, Minor, Sub-Minor, Field Channel, Lift
Irrigation  Scheme  or  irrigation  through  lifting  water  by  pumps  and  similar
regulatory structures;

(p) “Irrigation Development Corporation” means an Irrigation Development
Corporation  established  by  the  State  Government  by  an  Act  of  the  State
Legislature;

(q) “Lands under Management of Irrigation Systems by Farmers” means lands
under irrigable command of a canal where the management of irrigation water
distribution with all  its related aspects including reponsibility of maintenance is
handed over to Water Users’ Association;

(r) “ Lift Irrigation” or “Lift Irrigation Scheme”, in relation to Lift Irrigation
Water Users’ Association means all Lift Irrigation Schemes, wherein Government
permission is required for lifting water, but excluding the Lift Irrigation Schemes
on private open wells and bore wells;

(s)  “Lift  Irrigation  Water  Users’  Association  (LIWUA)”,  in  relation  to
Management of Irrigation System by Farmers (MISF), means an association
constituted for the purpose of lift irrigation, registered in the prescribed manner
as provided in section 43;

(t) “Maharashtra Water Resources Regulatory Authority (MWRRA)” means
the  authority  established  by  the  State  Government  by  an  Act  of  the  State
Legislature for regulation of water resources in the State;

4

[ 2005 : Mah. XXIII

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.

(u)  “Major  Irrigation  Project”,  “Medium  Irrigation  Project”  and  “Minor
Irrigation Project” means project having culturable command area exceeding
ten thousand hectares, exceeding two thousand hectares but not exceeding ten
thousand hectares, and not exceeding two thousand hectares, respectively;

(v) “Management of Irrigation Systems by Farmers (MISF)” means involvement
of irrigation users in all aspects of irrigation, including planning, designing,
constructing,  supervising,  financing,  operating,  managing,  maintaining,
monitoring and evaluating of the Canal System;

(w) “Member” means a member of a Water Users’ Association who is either a
land holder or occupier of the delineated area of the Water Users’ Association
and  includes  Water  Users’  Association  of  another  upper  level  association
constituted under the provision of this Act;

(x)  “Non-Irrigation  Water  Supply”  means  water  supply  from  an  irrigation
project  for  purposes  other  than  irrigation  and  includes  water  supply  for  the
purposes such as domestic, Industrial, power generation, fisheries and as may
be specified by the Appropriate Authority from time to time;

(y) “Normal year”, in relation to a diversion system or a reservoir based canal
system means a year in which the water availability at the headworks (including
the water that is allowed to be lifted from the reservoir and losses therefrom) is
as envisaged in the Irrigation Project Report or as revised subsequently by the
State Government;

(z) “prescribed” means prescribed by rules made under this Act;

(aa) “Prescribed Unit Water Use Entitlement”, in relation to a reservoir based
canal system means the total volume of water that is available in an irrigation
year or season per hectare of Culturable Command Area at the point of supply
to Water Users’ Association, arrived at after considering prior sanction for Non-
Irrigation  purposes  and  all  the  losses  and  gains  from  the  canal  system  in  a
Normal Year;

(ab) “Prescribed Unit Water Allowance”, in relation to a canal system which
is  not  reservoir  supported,  means  the  discharge  allocable  per  hectare  of  the
Culturable  Command  Area,  measured  at  the  point  of  supply  to  a  Command
Area;

(ac) “Previous Dues”, in relation to assessment and recovery of water charges,
means the outstanding dues of members of Water Users’ Association pertaining
to the period prior to the date of handing over the management of irrigation
systems;

(ad) “Reservoir based canal system” means a canal system where certain per
cent of the volume of water as specified by the Appropriate Authority is stored,
making the availability of water predictable for use;

 2005 : Mah. XXIII]

5

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.

(ae) “ rules ” means the rules made under this Act;

(af) “Rotational Water Supply (RWS)” means a system of water distribution in
which water is supplied to water users by rotation, according to an approved
schedule indicating the day, duration and time of supply;

(ag) “ Sanctioned Water Use Entitlement ”, in relation to an Agreement with
Water Users’ Association on a reservoir based canal system means, the total
volume of water guaranteed to be supplied to the Water Users’ Association, at
the agreed point of supply, in different seasons, in a Normal Year;

(ah)  “State  Government”or  “Government”  means  the  Government  of

Maharashtra;

(ai) “Surplus Year ”, in relation to a diversion system or reservoir based canal
system means a year in which the water availability at the headworks is more
than that in the Normal Year;

(aj) “ Water Allowance” means the discharge allotted at the point of supply to

the Water Users’ Association;

(ak) “ Water Users” means and includes any individual or body corporate or

an Association, using water from a Government source of irrigation;

(al) “Water Users’ Association”, in relation to Management of Irrigation systems
by Farmers means all types of Water Users’ Association at all levels of canal
system for flow as well as lift irrigation;

(am) “Water Users’ Association at Minor Level” means the primary unit of

Water Users’ Association;

(II) Words and expressions used in this Act, but not defined herein, shall have
their respective meanings as assigned to them in the Maharashtra Irrigation
Act, 1976.

Mah.
XXXVIII
of
1976.

CHAPTER II

WATER USERS’ ASSOCIATION AND DELINEATION OF

COMMAND AREA THEREOF.

3. 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 :

Water
Users’
Asso-
ciation
to  be
body
corpo-
rate.

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.

6

Objects
of
Water
Users’
Associa-
tion.

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.

[ 2005 : Mah. XXIII

4. (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) 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.

Delineation
of  areas  as
areas  under
Manage-
ment  of
lrrigation
System  by
Farmers.

5.  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—

(i) amalgamating or dividing the Water Users’ Association;

(ii) increasing an area of any Water Users’ Association;

(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.

 2005 : Mah. XXIII]

7

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.

6.  (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.

Delineation
of  Command
Area  of
Water Users’
Association
at  minor
level.

(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) 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) Any person desirous of obtaining a copy of the notification under sub-
section (1) may, on an application being made in that behalf, and on payment of
such fees as may be prescribed, obtain the same.

(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) 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.

7.    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.

Supply  of
water,  to
land  under
Management
of  Irrigation
System  by
Farmers.

8

Constitution
of  Water
Users’
Association
at Minor
Level.

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.

[ 2005 : Mah. XXIII

8. (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) 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.

Managing
Commmittee
of  Water
Users’
Association
at Minor
Level  and
election  of
its  Directors
and  Chair-
person.

9. (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) 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) 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)  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)  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.

 2005 : Mah. XXIII]

9

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.

(6)   The Canal Officer may, for the reasons to be recorded in writing, postpone

the election upto one year.

(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)    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)   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.

10. (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.

Delineation
of  area  of
operation  of
Distributary
Level
Association.

(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) The provisions of sub- sections (3), (4), (5) and (6) of section 6  shall, mutatis

mutandis, apply to the notification under sub-section (1).

11. (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.

Constitution
of
Distributary
Level
Association.

(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.

10

[ 2005 : Mah. XXIII

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.

Managing
Committee
of
Distributary
Level
Association
and  election
of its
Directors
and
Chairperson.

(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.

12. (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) 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) 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) 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) 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)  The Canal Officer may, for the reasons to be recorded in writing, postpone

the election upto one year.

(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) 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) 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.

 2005 : Mah. XXIII]

11

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.

13. (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.

Delineation
of  area  of
operation  of
Canal  Level
Association.

(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)  The provisions of sub-sections (3), (4), (5) and (6) of section 6 shall, mutatis

mutandis, apply to the notification under sub-section (1).

14. (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.

Constitution
of  Canal
Level
Association.

(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) 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.

15. (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 allowánce of such person shall be fixed by the
respective Water Users’ Association, in the prescribed manner.

(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.

Managing
Committee
of  Canal
Level
Association
and  election
of its
Directors
and
Chairperson.

12

[ 2005 : Mah. XXIII

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.

(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) 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)  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) The Canal Officer may, for the reasons to be recorded in writing, postpone

the election upto one year.

(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) 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) 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.

Delineation
of  area  of
Operation
of  Project
Level
Association.

16. (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) 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.

 2005 : Mah. XXIII]

13

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.

(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).

(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.

17. (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.

Constitution
of  Project
Level
Association.

(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) 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)  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.

18.  (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) 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.

Managing
Committee
of
Project
Level
Association
and  election
of its
Directors
and
Chairperson.

14

[ 2005 : Mah. XXIII

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.

(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) 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)  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) The Canal Officer may, for reasons to be recorded in writing postpone the

election upto one year.

(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) 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) 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.

Procedure
for  recall.

19. (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) 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.

 2005 : Mah. XXIII]

15

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.

20. 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.

21. (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) Such agreement shall be valid for such period as may be prescribed.

Constitution
of
Subcommitt-
ees   of
Water Users’
Association.

Agreement.

22.  (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.

Joint
Inspection,
repairs,
rehabilitation
and  handing
over  of
management
of Command
Area  to
minor  level
Water Users’
Association.

(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) 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) 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) 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

16

[ 2005 : Mah. XXIII

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.

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) 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) 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.

Installation
of Measuring
Device.

23.  (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) 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.

24. 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.

25. (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.

Freedom  of
cropping.

Freedom  of
recycling
irrigation
water  and
use  of
ground
water.

 2005 : Mah. XXIII]

17

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.

(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.

Mah.
XXXVIII
1976.

(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.

26. (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) The rates for supply of water to a Water Users’ Association shall be on the

volumetric basis measured at the point of supply.

(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)  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.

Modes  and
rates  for
supply
water
to  Water
Users’
Association.

27. (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) 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:

Powers  of
Water Users’
Association
to charge for
supply  of
water  to
members.

Provided that, no such minimum charge shall be levied if the water is not

available as per the Sanctioned Water Use Entitlement.

(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) The Water Users’ Association shall be entitled to recover the previous

dues from its member in the prescribed manner.

28. (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.

Supply  of
water as per
Entitlement.

(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.

18

[ 2005 : Mah. XXIII

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.

Contents  of
Agreement.

29. (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 agree-
ment, shall be kept with the Water Resources Department in the prescribed
manner.

(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.

Office bearers
of Water
Users’
Association
and  their
powers.

Power  to
remove
encroach-
ments.

30. 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.

31.  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.

 2005 : Mah. XXIII]

19

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.

32. (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.

Resignation.

(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)  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) 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.

33. (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.

Disqualifi-
cations.

(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) 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;

20

[ 2005 : Mah. XXIII

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.

(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)    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) 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.

 2005 : Mah. XXIII]

21

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.

(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.

34. (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.

Filling up of
vacancies.

(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.

35. (1) Every Water Users’ Association shall keep at its office, the following

Records.

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) 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.

22

[ 2005 : Mah. XXIII

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.

Model
regulations.

Dissolution
of  Managing
Committee
of  Water
Users’
Association
and
transitional
arrange-
ments.

36. (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)  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.

37. (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) 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)  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.

Appointment
of
Competent
Authority.

38. (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.

Water Users’
Association
for  Lift
Irrigation.

(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.

CHAPTER III
Lift Irrigation Water Users’ Association.
39. (1) For every lift irrigation scheme under this Act, there  shall be constituted

a Water Users’ Association.

(2) The State Government shall, by notification in the Official Gazette, declare
a  cut-off-date,  being  a  date  not  earlier  than  one  year  from  the  date  of  such
notification, after which the sanctions to individual schemes of lift irrigation
shall stand cancelled in the delineated areas:

Provided that, the State Government may, by notification in the Official Gazette,

extend the said period:

Provided further that, under exceptional circumstances and having regard to
geographical situations, the permission to individual lifts may be continued till
constitution of the Lift Irrigation Association.

 2005 : Mah. XXIII]

23

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.

40.  In order to avoid overlapping  in command areas of flow and lift irrigation
and complications arising thereby, the Appropriate Authority may give permission
to form Lift Irrigation Water Users’ Associations, on notified rivers or streams
in the command of flow irrigation, after delineating the area of flow and lift
irrigation separately in the prescribed manner.

41. In the case of Lift Irrigation on notified rivers or streams upstream of
reservoir which are beyond the area of operation of Lift Irrigation Water Users’
Associations along the periphery of a reservoir within the prescribed extent of
water use and to all concerned project affected people as prescribed, the Canal
Officer duly empowered by the Appropriate Authority, in this behalf, may give
permission to individual lifts and exercise control thereon:

Provided that, the Canal Officer shall, on constitution of the Lift Irrigation
Water Users’ Associations, cancel the individual sanctions given, under this
section:

Provided further that, the quantum of water to be allowed for lift irrigation
along reservoir shall be determined in the prescribed manner depending upon
the geographical situation and water availability.

Permission
to  form  Lift
Irrigation
Water Users’
Associations
on  notified
rivers  or
streams  in
command  of
flow
irrigation.

Permission  to
individual
lifts on notified
rivers  or
streams
upstream  of
reservoir
beyond  the
area  of
operation  of
Lift Irrigation
Water  Users’
Associations
on  reservoir.

42. (1) A Canal Officer not below the rank of an Executive Engineer, duly
empowered by the Appropriate Authority in this behalf shall, by notification in
Official Gazette and in accordance with the rules made under this Act, delineate
command areas of the Lift Irrigation Water Users’ Associations separately based
on the prescribed guidelines and declare those areas to be the areas of operation
of respective Lift Irrigation Water Users’ Associations for the purposes of this
Act.

Delineation
of  areas  of
operation  of
Lift
Irrigation
Water  Users’
Associations.

(2) The provisions of sub-sections (2), (3), (4), (5) and (6) of section 6 shall,
mutatis mutandis, apply to delineation of area of operation of Lift Irrigation
Water Users’ Associations.

43. (1) In an area delineated as an area of operation of the Lift Irrigation
Water  Users’  Associations  under  section  42,  Lift  Irrigation  Water  Users’
Associations shall be constituted by the holders or occupiers of lands so delineated.
Such Association shall be registered in the prescribed manner.

(2)  The  provisions  of  sub-section  (2)  of  section  8  shall, mutatis  mutandis,

apply to the constitution of the Lift Irrigation Water Users’ Associations.

(3) The State Government may, for reasons to be recorded in writing, provide

for any other type or form of the Lift Irrigation Water Users’ Associations.

Constitution
of Lift
Irrigation
Water
Users’
Association.

24

[ 2005 : Mah. XXIII

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.

Managing
Committee
of  Lift
Irrigation
Water
Users’
Association
and  election
of its
Directors and
Chairperson.

Water supply
to all Lift
Irrigation
 Water Users’
Associations
and
individual
lifts to be
regulated  by
Canal
Officer.

Lift Irrigation
Water Users’
Associations
not to lift
water directly
from the
Main Canal.

Provision
and
maintenance
of  Water
Meters  by
Lift
Irrigation
Water Users’
Associations.

Regulation
of supply  of
electricity  to
Lift Irrigation
Water Users’
Associations.

44. The provisions of section 9  shall, mutatis mutandis, apply to the Managing
Committee of the Lift Irrigation Water Users’ Association and election of its
Chairperson and Directors.

45. Water supply to the Lift Irrigation Water Users’ Association and individual
lifts in the State, if any, shall be controlled and regulated by the Canal Officer
duly empowered by the Appropriate Authority in this behalf. The Canal Officer
shall assist, in obtaining permission to install pumps in the course of a river:

Provided that, if there is any difficulty in constitution of the Lift Irrigation
Water Users’ Associations on Main Canal, the Appropriate Authority may, after
studying the feasibility, by order, hand-over the responsibility of individual lifts
on uncommand side of Main Canal to nearby Water Users’ Association at minor
level for a specified period :

Provided further that, the consent of the concerned Water Users’ Association
and the concerned holder or occupier of land shall be obtained for such handing
over.

46. The Lift Irrigation Water Users’ Association shall not lift water directly
from the Main Canal. Water shall be made available to the Lift Irrigation Water
Users’ Association by flow under gravity through an arrangement in the intake
well built by the Lift Irrigation Water Users’ Associations at their own cost :

Provided that, in case of the existing, individual Lift Irrigation Schemes joining
the Lift Irrigation Water Users’ Association, as well as the existing Lift Irrigation
Water Users’ Associations, even after registration of such Associations under
section 39, the condition of constructing intake wells shall be relaxed.

47.  (1)  The  Lift  Irrigation  Water  Users’  Association  shall  provide,  install,

maintain and calibrate water meters for flow measurement at their cost:

Provided that, for every water lifting device, there shall be a separate water

meter certified by the Bureau of Indian Standards (ISI).

(2) The Canal Officer, duly empowered in this behalf, shall have the power to

inspect and test the water meters and pass such order he deems fit.

48.  The  Appropriate  Authority  may  make  separate  arrangements  for  the
control and regulation of supply of electricity to the Lift Irrigation Water Users’
Associations and individual lifts as prescribed. The provisions of section 97 of
the  Maharashtra  Irrigation  Act,  1976  shall,  mutatis  mutandis,  apply  to  Lift
Irrigation Water Users’ Associations under this Act. The Canal Officer shall
assist in obtaining the connection of electric power supply to the Lift Irrigation
Schemes.

Mah.
XXXVIII
of  1976.

 2005 : Mah. XXIII]

25

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.

49. The Appropriate Authority shall, in accordance with the rules made in
this  behalf,  determine  the  separate  water  rates  on  volumetric  basis  for  Lift
Irrigation Water Users’ Associations, considering the fact that all the expenditure
for installation and organisation and maintenance of the Lift Irrigation Scheme
is borne by Lift Irrigation Water Users’ Associations.

50. Save as otherwise provided by or under any other provisions of this Act,
the provisions relating to the Water Users’ Association shall, mutatis mutandis,
apply to the Lift Irrigation Water Users’ Association.

51. (1) The Lift Irrigation Water Users’ Association on Main Canal shall be

deemed to be the members of the Canal Level Association.

(2) The Lift Irrigation Water Users’ Association on reservoirs shall be deemed

to be the members of Project Level Association.

CHAPTER IV

POWERS AND FUNCTIONS OF WATER USERS’ ASSOCIATIONS.

52. (1) Every Water Users’ Association at any Level shall perform the following

functions, namely :—

(a) to seek the following information from the Upper Level Association or the
concerned Canal Officer, as the case may be, and maintain its record and pass it
on to its members,—

(i)  Applicable  Water  Use  Entitlement  of  such  Association  and  that  of  its

Determining
water  rates
for  Lift
Irrigation
Water Users’
Associations.

Application of
provisions of
Water Users’
Associations.

Linkages  of
Lift Irrigation
Water Users’
Associations.

Powers  and
Functions  of
Water Users’
Associations.

members;

(ii) Number of rotations planned;

(iii) Irrigation interval fixed;

(b)  to  collect,  check  and  either  sanction  or  reject  partly  or  fully  water
applications or water indents of members based on criteria prescribed and unless
previous dues are paid, no water shall be supplied to such members;

(c) to seek information regarding canal operation schedule from the Upper
Level  Association  or  the  concerned  Canal  Officer,  prepare  detailed  water
distribution programme or Rotational Water Supply for members before every
rotation and ensure volumetric supply to each members as per their entitlement:

Provided  that,  in  case  of  Minor  Irrigation  Project  having  only  one  Water
Users’  Association,  that  Water  Users’  Association  itself  shall  prepare  canal
operation schedule for the project;

(d) to convene a meeting of the Managing Committee before each irrigation

season to guide and help the members regarding,—

(i) Canal operation schedule and water distribution programme;

(ii) public notice to be issued;

(iii) maintenance of canal system before commencement of season;

(iv)  the  information  about  the  latest  decisions  taken  by  the  Upper  Level

Associations and the Appropriate Authority;

26

[ 2005 : Mah. XXIII

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.

(e)  to receive Applicable Water Entitlement from the Upper Level Association
or the concerned Canal Officer and supply it to the members as per their
Water Use Entitlement strictly following principle of tail to head;

(f)  to maintain rotationwise or seasonwise Water Account in the prescribed
form;  and  to  remit  to  the  Canal  Officer,  the  water  charges  within  the
prescribed period against the Bills received from the Canal Officer;

(g)  to regulate and monitor water distribution to the members;

(h)  to assess water charges payable from the members and send bills in the
prescribed form; and to remit to the Canal Officer the water charges within
the prescribed period against the bills received from the Canal Officer;

(i)  to collect prescribed service charges for operation and maintenance from
the  Lower  Level  Water  Users’  Association  and  to  remit  its  share  to  the
Upper Level Association or the concerned Canal Officer, as the case may be;

(j)  to carry out annual maintenance and repairs to canal system falling
under its jurisdiction;

(k)  to ensure that, the members maintain their canal system in good condition
and they receive agreed maintenance amount in time;

(l)  to maintain the records as prescribed;

(m)  to resolve disputes, if any, amongst the members;

(n)  to raise and utilise resources as mentioned in Chapter V of this Act;

(o)  to undertake all allied activities related to agriculture;

(p)  to prepare and submit annual report including the Water Audit and the
Audited accounts to General Body;

(q)  to enable the Government to publish the Annual Irrigation Status Report,
furnish  to  the  Canal  Officer,  the  requisite  information,  as  prescribed,  in
time;

(r)  to undertake any other activities required to accomplish the objectives
of that Water Users’ Association.

(2)  Without prejudice to the generality of the provisions of sub-section (1),
the Water Users’ Association at Minor Level shall also perform the following
functions in its area of operation :—

(a)  to convene a meeting of the members before each irrigation season to

share with them information available regarding water availability and
Water Entitlement and invite their suggestions, if any, for efficient
management of available water;

 2005 : Mah. XXIII]

27

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.

(b)  to recover current water charges and previous dues, if any, from the
members;

(c)    to  issue  irrigation  passes  to  members  whose  water  applications  are
sanctioned and unless previous dues are paid, no membership shall be allowed;

(d)  to prepare water distribution programme or Rotational Water Supply
(RWS) for sub-minors, outlets and amongst members within the limits set
by canal operation schedule;

(e)  to implement the Agreement.

(3)  Without prejudice to the generality of the provisions of sub-section (1), it
shall also be the function of a Water Users’ Association to send a copy of the bill
of the water charges assessed under clause (h) of sub-section (1) to the Canal
Officer concerned.

(4)  Without prejudice to the generality of the provisions of sub-section (1), it
shall  also  be  the  function  of  a  Project  Level  Association  to  assist  the  Canal
Officer in assessment of the water charges for non-irrigation use, which are to
be remitted by such users to the Canal Officer.

(5) The Project Level Association shall also perform the following functions,

in addition to the functions under sub-section (1), namely :—

(a) to prepare water budget or preliminary irrigation programme for project
before commencement of each irrigation season and determine Applicable
Water Entitlement, number of rotations and irrigation interval in consultation
with the concerned Canal Officer;

(b) to assist the concerned Canal Officer in assessment of water charges for
Lift Irrigation Water Users’ Association on reservoirs and non-irrigation
use, which are to be remitted by such users to the Canal Officer;

(c) to obtain and use area capacity table or curve of reservoir and discharge
tables of Head Regulators of canals.

(6) Without prejudice to the generality of the provisions of sub-section (1), the
Lift Irrigation Water Users’ Association shall also perform the following functions,
namely :-

(a) to give guidance to members regarding the crops and the areas to be
irrigated in a season considering Applicable Water Use Entitlement, number
of rotations and irrigation interval;

(b) to receive measured volume of water from the concerned Canal Officer
and to supply it to the members.

(7) The Water Users’ Association for giving its water quota, by consent of all
the members, may enter into an annual tri-partie (Water Users’ Association,
Canal Officer and Private bodies or Company) agreement, as prescribed, so as to
enable the private body or company to ensure increased agricultural production
for the common interest of the members in the command area.

28

[ 2005 : Mah. XXIII

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.

Functions  of
Appropriate
Authority
and  power
and  duties
of  Canal
Officer.

53.  The functions of the Appropriate Authority and powers and duties of

Canal Officer shall be as follows :—

(a)  to delineate the areas of operation of Water Users’ Associations at all

levels and provide the information of the same to Water Users’ Association;

(b)  to determine and notify Applicable Water Entitlement for Water Users’

Associations at all levels;

(c)  to determine the method to arrive at Applicable Water Entitlement in

deficit years;

(d)  to ensure supply of water as per the Applicable Water Entitlement on
bulk basis measured volumetrically to Water Users’ Associations at all levels at
agreed intervals every year;

(e)   to rehabilitate, modernise, maintain and operate canal system not handed

over to Water Users’ Associations;

(f)   to conduct joint inspection and ensure repairs and renovations works in

consultation with Water Users’ Association as prescribed;

(g)   to enter into an Agreement with Water Users’ Association;

(h)   to rehabilitate canal system, in delineated areas under the Management
of’ Irrigation System by Farmers, before handing over such system to Water
Users’ Association;

(i)   to provide necessary technical and managerial assistance to Water Users’

Associations for their capacity building;

(j)  to provide all information to Water Users’ Associations regarding availability
of  water,  canal  operation  schedules  and  any  other  information  relevant  to
Operation and Management of water supply in the areas under Management of
Irrigation System by Farmers;

(k)  to issue after assessment in a prescribed manner, the bill for water supplied

to a Water Users’ Association and to recover the same;

(l)   without prejudice to the generality of the provisions of the Section 53, the
concerned Canal Officer shall, initiate constitution of Water Users’ Association
under sections 10, 13 and 16, only after the minor level Water Users’ Associations
(Primary Branch of Water Users’ Association) has been operational in an efficient
manner and the Appropriate Authority, is satisfied in the manner prescribed;

(m) to carry out any other function that may be prescribed to accomplish the

objectives of the Water Users’ Associations.

 2005 : Mah. XXIII]

29

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.

CHAPTER V

SOURCES OF FUNDS.

54. The funds of the Water Users’ Association shall be raised through the

following resources,—

(i) Water Charges;

(ii) Interest on Deposits;

(iii) Deposits from the Members;

(iv) Borrowings;

(v) Donations;

(vi) Contributions by Members;

(vii) Grants;

Sources  of
funds  of
Water
Users’
Association.

(viii) Penalty and penal fees from the Members; and

(ix) Fees for the services rendered.

55. The funds of the Water Users’ Association shall be utilised to fulfill the

objects of the Water Users’ Association in the prescribed manner.

56.  In  every  financial  year,  the  Managing  Committee  of  a  Water  Users’
Association shall prepare a budget in respect of the next financial year, showing
the estimated receipts and expenditure of the Committee and shall place the
same before the General Body of the Water Users’ Association for its approval
in the prescribed manner.

Utilisation
of  funds  of
Water Users’
Association.

Budget.

57. The Water Users’ Association shall deposit its funds in a Scheduled Bank
or a Co-operative Bank or a Urban Bank or a Commercial Bank or a Post Office
Savings Bank.

Deposit  and
administration
of the funds.

58. Every Water Users’ Association shall maintain such “Reserve Fund” and

utilise the same in the manner as prescribed.

Reserve
fund.

59. Every Water Users’ Association shall get its accounts audited annually in

Audit.

the prescribed manner.

CHAPTER VI
OFFENCES AND PENALTIES.

60. (1) Any person who without any lawful cause, sanction or authority commits
any of the acts specified in sub-section (2) within the area of operation of Water
Users’ Association shall be deemed to have committed an offence under this Act
and shall, on conviction, be punished with imprisonment which may extend to
six months or with fine which may be upto ten times the annual water charges
or with both.

Offences
and
penalties.

30

[ 2005 : Mah. XXIII

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.

(2) The acts referred to in sub-section (1) are as follows:—

(a)  damages, alters or obstructs canal system;

(b)   interferes with the flow and water level in canal system;

(c)  pollutes or fouls the canal water, so as to diminish its utility for the
given purposes or so as to render it less fit for the given purpose;

(d) destroys, tampers with, or removes any apparatus or part of any
apparatus meant for operation and maintenance of canal system;

(e) obstructs the implementation of scheduled irrigation;

(f) uses water in unauthorised or wasteful manner;

(g) lifts water in an unauthorised manner;

(h) endangers the stability of canal system;

(i) obstructs the flow in the drainage system;

(j) neglects the maintenance of canal system;

Compound-
ing  of
offences.

(k) prevents the lawful use of canal system by any person authorised to
use the same;

(l) does not pay the water charges in time;

(m) contravenes any of the provisions of this Act or rules made thereunder.

61. (1) The Appropriate Authority may either before or after the institution of
the proceedings for any offence punishable under this Act or the rules made
thereunder,  accept  from  any  person  charged  with  such  offence,  by  way  of
composition thereof, a sum of money not exceeding one thousand rupees within
such time as the Appropriate Authority may determine.

(2) On payment by such person of such sum as composition amount, such
person, if in custody, shall be released from the custody and if any proceedings
in any Criminal Court have been instituted against such person in respect of an
offence under this Act, the composition shall be deemed to be an acquittal and
no further criminal proceedings shall be taken against such person in respect of
such offence.

Punishment
under  other
law  not
barred.

62. Nothing in this Act shall prevent any person from being prosecuted and
punished under any other law for the time being in force for any act of omission
or commission made punishable by or under this Act:

Provided that, no person shall be prosecuted and punished for the same offence

more than once.

 2005 : Mah. XXIII]

31

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.

CHAPTER VII

CONFLICT  RESOLUTION.

63. (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

Settlement
of  disputes.

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 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.
XVIII
of
2005.
Mah.
XXXVIII
of  1976.

64. (1) Any person aggrieved by any decision made or order passed by any

Appeals.

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.

32

[ 2005 : Mah. XXIII

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.

(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.

Application
of the
provisions
of  the
Maharashtra
Water
Resources
Regulatory
Authority
Act, 2005.

Ownership
and  control
of  specified
items  or
components
to  vest  with
State
Government.

CHAPTER VIII

GENERAL PROVISIONS

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

Mah.
XVIII
of  2005.

66.  Unless  otherwise  decided  by  the  Government,  the  ownership  and  the

control of the following shall vest in the Government, namely :—

(i) Reservoirs and Head works of any irrigation project;

(ii) main rivers and their tributaries;

(iii) Government buildings, colonies and lands;

(iv) Government vehicles;

(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.

 2005 : Mah. XXIII]

33

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.

67. (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) 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.

Control of
Canal System
not  handed
over to Water
Users’
Association.

68. (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.

Water
Budgeting
at  Project
Level.

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) 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.

69.  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.

70. 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.

State
Government
to  be  lawful
owner  of
Canal
System.

Water
Supply  for
non-irrigation
purposes.

Mah.
XXXVIII
of
1976.

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

Recovery  of
Water
Charges.

72. 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 :

Act to apply
to  existing
Water
Users’
Associations.

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.

34

[ 2005 : Mah. XXIII

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.

Special
provisions
regarding
on  going
projects.

73.  (1)  This  Act  shall  apply  to  the  on  going  projects  from  the  date  of  its

publication in the Official Gazette.

(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.

Authentication
of orders and
documents
of Water
Users’
Association.

74. (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) The Agreement, shall be signed by the Chairperson of the Water Users’

Associations.

75. 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.

Actions  not
to  be
invalidated
by  infirmity
or  vacancy,
etc.

Rules.

76. (1) The State Government may, by notification in the Official Gazette,

make rules for carrying out the purposes of this Act.

(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) 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.

 2005 : Mah. XXIII]

35

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.

77.  On  the  commencement  of  this  Act,  in  relation  to  the  areas  under  the
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, shall be
deemed to have been repealed:

.Mah.
XXVIII
of  1976.

Repeal.

Provided that, the repeal shall not affect —

(i)  the previous operation of any of the sections so repealed or anything
duly done or suffered thereunder; or

(ii) any right, privilege, obligation or liability acquired, accrued or incurred
under any section so repealed; or

(iii) any penalty, forfeiture or punishment incurred in respect of any offence
committed against any section so repealed; or

(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.

.Mah.
XXVIII
of  1976.

78. The provisions of the Maharashtra Irrigation Act, 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.

Saving.

79. 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.

Act  to  have
overriding
effect.

36

[ 2005 : Mah. XXIII

Maharashtra Management of Irrigation Systems
 by Farmers Act, 2005.

Power  to
remove
difficulty.

80.  (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)  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.

81.  The Maharashtra Management of Irrigation Systems by Farmers Ordinance, 2004, is

hereby repealed.

Repeal  of
Mah.  Ord.
XXIII  of
2004.

Mah.
Ord.
XXIII
of
2004.

Printed in the Government Photozinco Press, Pune.

Maharashtra  Government  Publications
can  be  obtained  from—

===== THE  DIRECTOR

GOVERNMENT  PRINTING,  STATIONERY  AND  PUBLICATIONS
Maharashtra  State
(Publication  Branch),  Netaji  Subhash  Road,
Mumbai-400 004.

Phone-(022) 23632693,  23630695,  23631148,  23634049.

===== THE  MANAGER

GOVERNMENT  PHOTOZINCO  PRESS  AND  BOOK  DEPOT
5,  Photozinco  Path,  Near  G.P.O.  Pune-411 001.
Phone-(020) 26125808,  26124759,  26128920.

===== THE  MANAGER

GOVERNMENT  PRESS  AND  BOOK  DEPOT
Civil  Lines,  Nagpur-440  001.
Phone-(0712) 2522615.

===== THE ASSTT.  DIRECTOR

GOVERNMENT  STATIONERY,  STORE  AND  BOOK  DEPOT.
Shaha  Ganj,  Near  Gandhi  Chowk,
Aurangabad- 431 001.
Phone-(0240) 23314368.

===== THE  MANAGER

GOVERNMENT  PRESS  AND  STATIONERY  STORE
Tarabai  Park,  Kolhapur-416  003.
Phone-(0231) 22650402,  22650395.

AND  THE  RECOGNISED  BOOKSELLERS.

