LexThe Gujarat Water Users' Participatory Irrigation Management Act, 2007
Gujarat · state statute
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The following Act of the Gujarat Legislature, having been assented
to by the Governor on the 16
th May, 2007 is hereby published for general
information.
tttttttttttttt t t H.D.VYAS,t
Secretary to the Government of Gujarat,
Legislative and Parliamentary Affairs Department.
GUJARATttACTtt9glyph’’ugO.tt18ttOFt2007.t
(First published after having received the assent of the Governor in
the “ Gujarat Government Gazette ”, on the 16 th May, 2007). t
to provide for participatory irrigation management by
water users in the State of Gujarat.
It is hereby enacted in the Fifty-eighth Year of the Republic of India
as follows:-
CHAPTERttIt
PRELIMI9glyph’’ugARYt
1. (1) This Act may be called the Gujarat Water Users’
Participatory Irrigation Management Act, 2007.
(2) It extends to the whole of the State of Gujarat.
(3) 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 provisions of the Act.
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2.t In this Act, unless the context otherwise requires,—
(1) “Association” means a Water Users’ Association of a minor
canal service area established under section 5;
(2) “Committee” means a Managing Committee;
(3) “Competent Authority in relation to a minor canal service
area” means such officer of the State Government as it may,
by notification in the Official Gazette, appoint for such
service area as may be specified therein;
(4) “field channel” means any channel or pipe (not being a
water course) beyond an outlet or, as the case may be, a turn
out constructed by the State Government to supply water
from a water course or an outlet and maintained by the
holder of land either by himself or jointly with other holders
of lands or constructed and maintained by the holder of land
by himself or jointly with other holders of lands to obtain
water from a water course or an outlet, and includes all
subsidiary works connected with any such channel or pipe;
(5) “holder of land” or “land holder” means a person who is
lawfully in possession of such land, whether such possession
is actual or not;
(6) “irrigable command area of a minor canal” means such area
of land as is irrigated or is capable of being irrigated from
the minor canal, being under its command and includes—
(a) such area of cultivated land which, in the opinion of a
Competent Authority, receives by percolation or
Definitions.t
3
otherwise from a minor canal an advantage beneficial
to crop in such land and
(b) hydraulically managed irrigated area or an area capable
of being irrigated either by gravitational flow or by lift
irrigation;
(7) “minor canal service area” means the area determined as a
minor canal service area by the Competent Authority under
sub-section (1) of section 3;
(8) “Managing Committee” means a Managing Committee of an
Association constituted under section 29;
(9) “outlet” means an opening which is constructed by the State
Government in a minor canal through which water is
delivered into a water course or a field channel;
(10) “prescribed” means prescribed by rules made under this Act;
(11) “rotational water supply system” means the system of
allocation and distribution of water to land in a service area
equitably, in such proportion as the area of culturable
command of such land bears to the total area of culturable
command of a service area, according to the schedule for
supply of water specifying among other things the day, turn,
time and duration of such supply of water;
(12) “service area” means the minor canal service area;
(13) “turn out” means an opening which is constructed in a water
course through which water is delivered into a field channel;
(14) “water course” means a channel—
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(a) constructed and maintained by any Government to
supply water from an outlet or
(b) constructed by any Government for such supply and
maintained by the holder of land either by himself or
jointly with other holders of land or
(c) constructed and maintained for such supply by the
holder of land by either himself or jointly with other
holders of land and includes all subsidiary works
connected with such channel;
(15) “year” means the financial year commencing on and from
the 1
st April of one year and ending on the 31 st March of the
next year;
(16) other words and expressions used but not defined in this Act
shall have the meanings respectively assigned to them in the
Bombay Irrigation Act, 1879.
3.t (1) For the purposes of this Act, the Competent Authority shall
determine the irrigable command area of all outlets of a minor canal and
declare the same, by notification in the Official Gazette, as a minor canal
service area.
(2) Where the Competent Authority is of the opinion that it is necessary
so to do in the interest of efficient and equitable management of irrigation in
the service area, it may, subject to such rules as may be made in this behalf,
by notification in the Official Gazette , -
(a) increase the limits of the service area,
(b) decrease the limits of the service area, or
(c) alter the boundaries of the service area.
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CHAPTERtttIIt
ESTABLISHME9glyph’’ugTtOFtWATERtUSERS’tASSOCIATIO9glyph’’ugt
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4. In this Chapter, unless the context otherwise requires, a “member”
means a member of the Association.
5. For the purposes of this Act, there shall be formed by the Competent
Authority a Water Users’ Association for each service area consisting of –
(1) holders of land in such area using the water for the purpose
of irrigation, and
(2) persons residing or carrying on business in such area using
water made available to them from the minor canal through
pipe lines, for other purposes,
if the Association represents fifty one per cent of the holders
of land in the service area and the aggregate area of land held by
such holders of land is not less than fifty one per cent of the service
area.
6. (1) The first members of the Water Users’ Association and all
persons, who may hereafter become members thereof so long as they
continue so to be, are hereby constituted a body corporate by the name
of____________Water Users’ Association”.
(2) The said body shall have perpetual succession and a common seal
and may sue or be sued in its corporate name and shall, subject to the
provisions of this Act, be competent to acquire, hold or dispose of property,
movable or immovable, to raise loans on the security of its fund in such
manner and subject to such limits and other requirements including
guarantee as may be prescribed and to contract and do all things necessary
for the purposes of this Act.
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7.t(1) (a) On the formation of the Association, there shall be called the
first meeting thereof for election of its President from
amongst the member.
(b) The meeting shall be held on such date within four weeks
from the date of the formation of the Association as may be
fixed by the Competent Authority and shall be presided over
by the Competent Authority who shall have such powers and
follow such procedure as he deems fit but shall not have
right to vote.
(2) The term of the office of the President shall be six years from the
date of his election.
8.t (1) The Association shall meet at such time and place and shall,
subject to sub-section (2), observe such rules of procedure with regard to
the transaction of business at its meeting as may be prescribed by
regulations.
(2) (a) All the questions at a meeting of the Association shall be
decided by a majority of votes of the members present and voting on
the question and when there is an equality of votes, the President
shall have the second or casting vote;
(b) The quorum of the meetings of the Association shall not be
less than one-third of its members :
Provided that the members of the Association falling under
clause (2) of section 5 shall have the right to speak or otherwise take
part in the proceedings of a meeting of the Association held under
clause (a) of sub-section (1) of section 7 or under sub-section (1) but
shall not be entitled to vote.
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9. (1) The Association, in order to enable it to perform its functions,
may appoint, —
(i) a secretary,
(ii) a minor canal operator, and
(iii) such other officers and employees as may be determined by
it.
(2) The salary and allowances payable to, and other conditions of
service of the secretary, minor canal operator and other officers and
employees shall be such as may be determined and borne by the
Association.
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PARTICIPATOROYtIRRIGATIO9glyph’’ugtMA9glyph’’ugAGEME9glyph’’ugTt
A9glyph’’ugDtOTHERtFU9glyph’’ugCTIO9glyph’’ugStOFtASSOCIATIO9glyph’’ug.t
10. In this Chapter, unless the context otherwise requires—
(a) “designated person” means the Chairman of the Committee,
(b) “entrusted minor canal” means the minor canal the irrigation
management of which is entrusted to an Association under sub-
section (1) of section 16.
11.t For the purpose of enabling an Association to undertake
participatory irrigation management, the Competent Authority shall, so far
as possible, provide an assured supply of water from a minor canal on
volumetric basis, or such other basis as may be prescribed, to the service
area by ensuring that, —
(a) there is a measuring device at the minor canal and
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(b) the minor canal is operated in accordance with a programme
for supply of water for each season prepared by the Competent
Authority in consultation with the designated person.
12. The Competent Authority shall ascertain from the designated person
the willingness or otherwise of the Association to participate in the
irrigation management of the minor canal from which water is to be
supplied to the service area for irrigation.
13. Where an Association expresses its willingness to participate in
irrigation management under section 12, it shall be required to enter into an
agreement with the State Government, in such form as may be prescribed,
providing for such participation.
14.t (1) As soon as an agreement is entered into by the Association with
the State Government under section 13, there shall be carried out inspection
of the minor canal, which is to be managed by the Association under the
agreement, jointly by the Competent Authority and the designated person.
(2) The inspection under sub-section (1) shall also be carried out of
water courses, if any, existing in the service area, which are to be managed
by the Association along with the minor canal.
15. (1) Where, on account of the joint inspection of the minor canal and
water courses under section 14, it appears, both to the Competent Authority
and the designated person, that it is necessary to carry out repairs to the
minor canal and any of the water courses, as mutually agreed upon, before
entrustment of the irrigation management of the minor canal along with the
water courses, the Association shall carry out the repairs to the minor canal
and water course.
(2) The cost of the repairs to the minor canal and water course carried
out under sub-clause (1) shall be borne both by the State Government and
the Association for such proportion as may be prescribed.
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(3) Where Association fails to carry out repairs under sub-section (2)
within such time as may be stipulated by the Competent Authority, the same
shall be carried out by the Competent Authority, the cost of such shall be
borne as provided in sub-section (2).
16. (1) Where repairs to the minor canal and water courses are carried
out under section 15, the Competent Authority shall, by an order in writing,
entrust the irrigation management of the minor canal and water courses to
the Association.
(2) Where an order under clause (1) is issued, the Association shall take
over the irrigation management of the minor canal and water courses and
upon the Association taking over the irrigation management of the minor
canal and water courses, the designated person shall make an endorsement
to that effect on the order so issued.
17.t (1) Where there do not exist water courses in the service area at the
time when irrigation management of the minor canal is entrusted to the
Association, the Association shall construct the water courses in the service
area.
(2) For the purpose of construction of water courses by the Association,
the Competent Authority shall prepare a draft scheme for construction of
water courses in the service area and for that purpose, the provisions of sub-
section (2) of section 20A and sections 20B to 23 of the Bombay Irrigation
Act, 1879 shall, so far as may be, apply as if—
(a) for the words “field channel” wherever they occur, the words
“water course” had been substituted;
(b) in clause (vi) of sub-section (2) of section 20A, for the words
“the canal to this land” appearing at the end, the words “from
the outlet of the entrusted minor canal” had been substituted,
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(c) for the words “the authorised canal officer” or “canal
officer”, wherever they occur, the words “Competent
Authority” had been substituted.
18.t Where there does not exist field channels in the service area at the
time when irrigation management of minor canal is entrusted to the
Association, the Association shall construct field channels in accordance
with the provisions of Part III of the Bombay Irrigation Act, 1879, in so far
as they are applicable, as if—
(a) for the words “the authorised canal officer” or “canal officer”,
wherever they occur, the words “Competent Authority” had
been substituted,
(b) in clause (vi) of sub-section (2) of section 20A, for the words
“the canal to this land” appearing at the end, the words “from
the entrusted minor canal to this land” had been substituted.
19. The Association, which enters into an agreement with the State
Government under section 13 and to which irrigation management of a
minor canal and water courses are entrusted under sub-section (1) of section
16, shall generally undertake irrigation management of the entrusted minor
canal and water courses and particularly perform the following functions,
namely:—
(a) to ascertain the demand of water of each holder of land in the
service area;
(b) to measure and receive the quantity of water at the measuring
device and to ensure proper apportionment and distribution of
the water so received to all holders of land in the service area
and for that purpose, to prepare rotational water supply system
and implement it;
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(c) to inquire into complaints regarding distribution of water and
to take immediate action to remedy them;
(d) to take steps to prevent unauthorised use of water or waste of
water or damage to the entrusted minor canal;
(e) to carry out normal maintenance and repairs of the entrusted
minor canal in accordance with the terms and conditions of the
agreement entered into under section 13,
(f) to pay the water rates levied under section 44 of the Bombay
Irrigation Act, 1879 or the occasional water charges levied
under section 45 of the said Act to the State Government on or
before the due dates for their payment,
(g) for the purpose of payment of water rates under clause (f), to
determine the water rates or, as the case may be, the occasional
water rates payable by the land holders and collect the water
rates or, as the case may be, the occasional water charges, so
determined from the land holders;
(h) to maintain proper accounts of water received and distributed,
and of money and materials received and used;
(i) to carry out other duties and functions imposed upon the
Association by or under this Act and to act according to the
terms and conditions of the agreement entered into under
section 13;
(j) to refrain from doing anything which is contrary to the Act or
the rules made thereunder and the terms and conditions of the
agreement entered into under section 13.
20.t (1) The Competent Authority may, from time to time,
inspect, —
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(a) the water distribution by the Association in the service area
of the entrusted minor canal, and
(b) the records maintained by the Association in relation to such
water distribution.
(2) The Competent Authority may issue to the Association such
directions as it deems necessary, —
(a) where, on inspection under sub-section (1), the Competent
Authority is of the opinion that—
(i) the water distribution is faulty or
(ii) the records are not maintained or are maintained but
not properly, or
(b) to ensure compliance by the Association of the provisions of
this Act and the rules made thereunder or of the terms and
conditions of the agreement entered into by the Association
with the State Government.
(3) The Association shall carry out the directions issued to it by the
Competent Authority under sub-section (2).
(4) Where the Association makes persistent default in carrying out the
directions issued to it under sub-section (2), the Competent Authority may,
notwithstanding anything contained in the agreement, recommend to the
State Government to terminate the agreement.
21. An Association may determine the water charges due from its
members for the water supplied from the minor canal to their land for
irrigation and collect the same.
22. The Association shall perform the following functions, namely:—
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(1) to receive applications for use of water for irrigation from its
members accompanied by such fees as may be determined by the
Association,
(2) to register its members,
(3) to collect such fees, as are determined by it, from its members,
(4) to permit supply of water for irrigation to its members,
(5) to regulate use of water,
(6) to promote economy in the use of water,
(7) to encourage members to adopt water saving devices or techniques
such as drip, sprinklers and to recommend to the State Government
remission of water rates, payable by members who adopt water
saving devices and the State Government may, after verification,
grant remission subject to such principles as may be prescribed;
(8) to collect water rates levied under section 44 or 45 of the Bombay
Irrigation Act, 1879 from its members,
(9) to collect such water charges from members for use of water for
purposes other than irrigation as may be determined by the
Competent Authority with the previous approval of the State
Government,
(10) to make payment to the State Government of water rates collected
from its members after deducting thereupon such percentage of cost
of collection as may be prescribed,
(11) to prepare plan for maintenance of the entrusted minor canal and for
construction and maintenance of water courses and field channels
and all other works related to the entrusted minor canal, water
courses and field channels,
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(12) to collect from its members expenses incurred by it in carrying out
normal maintenance and repairs of the entrusted minor canal,
(13) to maintain such records as may be prescribed,
(14) to perform such other functions as are laid down by or under this
Act.
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23. (1) The Association shall have its own fund and all receipts of the
Association shall be credited thereto and all payments by the Association
shall be made therefrom.
(2) The Association may accept grants, subventions, donations and gifts
from the Central Government or the State Government or a local authority
or any individual or body, whether incorporated or not, for the purposes of
this Act.
(3) The Association may spend such sums as it thinks fit for the
performance of its functions under this Act and such sums shall be treated
as expenditure payable out of the fund of the Association.
(4) All moneys belonging to the fund or Sinking Fund of the
Association shall be kept in any corresponding new Bank specified in
column 2 of the First Schedule to the Banking Companies (Acquisition and
Transfer of Undertakings) Act, 1970 and in column 2 of the First Schedule
to the Banking Companies (Acquisition and Transfer of Undertakings) Act,
1980 and approved by the State Government for the purpose or invested in
securities authorised by the Trusts Act, 1882 at the discretion of the
Association.
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24.t (1) Whenever the Association raises a loan for the purposes of this
Act, it shall establish a fund to be called a Sinking Fund and shall pay into it
on such dates as may be approved by the Competent Authority such sum as
will, with accumulations of compound interest, be sufficient after payment
of all expenses to pay up the loan within the stipulated period:
Provided that if, at any time, the sum standing to the credit of the
Sinking Fund is of such amount that if allowed to accumulate at compound
interest, it is sufficient to repay the loan within the stipulated period, then,
with the permission of the Competent Authority, further payments into such
fund may be discontinued.
(2) The Association may apply a Sinking Fund or any part thereof in or
towards the discharge of the loan for which the fund is established and, until
such loan or part is wholly discharged, shall not apply the same for any
other purpose.
25.t (1) (a) The Association shall have prepared annually or on
before such date and in such form and manner, as may be
prescribed, a budget for the next financial year, showing the
estimated receipts and expenditure.
(b) The Association shall, as soon as may be after the said date,
consider the budget estimate so prepared and approve the same
subject to such modification as it may make.
(2) Except in the case of emergency, no sum shall be expended by or on
behalf of the Association unless the expenditure is covered by provision in
the budget as approved.
26.t (1) The accounts of the Association shall be prepared and
maintained in such form and manner as may be prescribed.
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(2) The Association shall cause to be prepared for each financial year an
annual statement of accounts in such form as may be prescribed.
(3) The accounts of the Association shall be audited by an auditor who
is a Chartered Accountant within the meaning of the Chartered Accountants
Act, 1949.
(4) The said auditor shall be appointed by the Association.
(5) Every auditor appointed to audit the accounts of the Association
under this Act shall have a right to demand the production of books of
accounts, connected vouchers and other documents and papers, to inspect
the offices of the Association and to require such information from the
Association as he may think necessary for performance of his duty as an
auditor.
(6) The auditor shall send a copy of his report together with a copy of
audited accounts to the Association which shall, as soon as may be after the
receipt of the audit report, forward the same to the Competent Authority.
27. The Association shall, during each financial year, prepare, in such
form and at such time as may be prescribed, an annual report giving a true
and full account of its activities during the previous financial year and an
account of activities likely to be undertaken by it in the current financial
year and copies of such report shall be forwarded to the Competent
Authority.
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28. In this Chapter, unless the context otherwise requires, “member”
means a member of the Committee. t
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29.t (1) A Managing Committee of an Association shall consist of, -
(a) a Chairperson and such number of other members not exceeding
eleven as may be determined by the Competent Authority having
regard to the number of members of the Association falling under
clause (1) of section 5, and
(b) an officer not below the rank of Additional Assistant Engineer of a
division in which the minor canal exists, as may be nominated by an
Executive Engineer of such division, ex-officio,
(c) the member referred to in clause (b) shall have the right to speak or
otherwise take part in the proceedings of a meeting of the
Committee, but shall not be entitled to vote.
(2) The members of the Managing Committee shall be elected by
members of the Association falling under clause (1) of section 5, from
amongst themselves in such manner as to give equal representation to all
the parts of the service area referred to in sub-section (3).
(3) For the purpose of sub-section (2), the Competent Authority shall
divide the service area in three parts, namely, head reach, middle reach and
tail reach.
(4) The election of members shall be held in accordance with such rules
as may be prescribed generally relating to election and in particular in
respect of matters such as electoral roll, nomination of candidates, manner
of voting, counting of votes, declaration of results of voting, resolution of
disputes.
30. On constitution of the Committee, the Committee shall co-opt not
more than four members from the persons referred to in clause (2) of
section 5 and the members so co-opted shall have the right to speak or
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otherwise take part in the proceedings of a meeting of the Committee but
shall not be entitled to vote.
31. (a) On the constitution of the Committee, there shall be called
the first meeting thereof for the election of its Chairperson from
amongst the members.
(b) The meeting shall be held on such date within four weeks
from the date on which the Managing Committee is constituted, as
may be fixed by the Competent Authority, and shall be presided
over by the Competent Authority who shall have such powers and
follow such procedure as he deems fit but shall not have the right to
vote.
32.t Term of office of a member shall be six years from the date of his
election.
33. On occurrence of any vacancy in the office of a member due to
death, resignation or any other reason, the same shall be filled in by the
Association by election.
34. A member of the Association shall be disqualified for being elected
or being a member of the Committee, if such member of the Association —
(a) is a village servant or an officer or employee of the Government
or of a local authority or of any institution receiving grant in aid
from the Government;
(b) is, or at any time, adjudged an insolvent or has suspended
payment of his debts or has compounded with his creditors;
(c) is of unsound mind and stands so declared by a competent court;
(d) is or has been convicted of any offence which, in the opinion of
the Competent Authority, involves moral turpitude;
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(e) fails to pay any arrears of land revenue or water rates payable to
the State Government or charges payable to the Association
within the period provided for such payment;
(f) has, directly or indirectly, interest in any contract by or on behalf
of the Association, a gram panchayat, a taluka panchayat or
district panchayat or State or Central Government;
(g) ceases to be a holder of land in the service area;
35. (1) Notwithstanding anything contained in section 32, the
Competent Authority may, at any time, remove any member from office if,
in its opinion, such a member—
(a) is or has become subject of any of the disqualifications
mentioned in section 34
(b) has been guilty of misconduct in discharge of his duties,
(c) has become physically or mentally incapable of discharging
his duties as a member,
(d) has so abused his position as to render his continuance in
office prejudicial to the public interest, or
(e) has, without reasonable cause, refused or failed to attend three
consecutive meetings of the Committee:
Provided that no member shall be removed from his office
unless an opportunity of being heard is given to the member.
(2) Any member may, by writing under his hand addressed to the
Association, resign his office.
36. (1) The Committee shall meet at such times and places and shall,
subject to sub-sections (2) and (3), observe such rules of procedure with
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regard to transaction of business at its meetings as may be prescribed by the
Committee.
(2) The Chairperson or if, for any reason, he is unable to attend any
meeting, any other member, authorised by the Chairperson and present at
the meeting, shall preside over the meeting of the Committee.
(3) (a) All the questions at a meeting of the Committee shall be decided
by a majority of votes of the members present and voting on that
question and the presiding member shall have the second or casting
vote when there is an equality of votes.
(b) The quorum of the meetings of the Committee shall not be
less than three members.
37.t (1) The Committee, in order to enable it to perform its functions,
may, with the approval of the Association, appoint a secretary and other
officers and employees as may be determined by it.
(2) The salary and allowances payable to, and other conditions of
service of the secretary and other officers and other employees, shall be
such as may be determined by the Committee.
38. (1) No act or proceeding of the Committee shall be questioned or be
invalid on the ground merely of the existence of any vacancy in or any
defect in the constitution of the Committee.
(2) No act done by any person acting in good faith as a member shall be
deemed to be invalid merely on the ground that he was disqualified to be a
member or that there was any other defect in his selection or nomination.
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FU9glyph’’ugCTIO9glyph’’ugStOFtCOMMITTEEt
39.t The Committee shall perform such of the functions of the
Association as are from time to time assigned to it by the Association.
t
CHAPTERttVIIt
OFFE9glyph’’ugCEStA9glyph’’ugDtPE9glyph’’ugALTIESt
40.t Whoever voluntarily and without proper authority—
(a) damages, alters, enlarges or obstructs entrusted minor canal;
(b) interferes with or increases or diminishes the supply of water in, or
the flow of water from, through, over or under any entrusted minor
canal, or, by any means, raises or lowers the level of the water in
such canal;
(c) pollutes or fouls the water of entrusted minor canal so as to render it
less fit for the purposes for which it is ordinarily used;
(d) destroys, defaces or removes any land or level mark or water gauge
fixed by the authority of a public servant;
(e) destroys, tampers with, or removes any apparatus or part of any
apparatus for controlling, regulating or measuring the flow of water
in an entrusted minor canal;
(f) passes or causes animals or vehicles to pass, in or across any of the
works banks or channels of an entrusted minor canal contrary to
regulations made under section 59;
(g) causes or knowingly and wilfully permits cattle to graze upon any
entrusted minor canal or flood embankment, or tethers or causes or
knowingly and wilfully permits cattle to be tethered, upon any such
entrusted minor canal or embankment, or roots up any grass or other
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vegetation growing on any such entrusted minor canal or
embankment, or removes, cuts or in any way injures, or causes to be
removed, cut or otherwise injured, any tree, bush, grass or hedge
intended for the protection of such entrusted minor canal or
embankment;
(h) violates any rule made under section 58 for breach whereof, the
State Government may, in such rules, direct that a penalty shall be
incurred;
and whoever—
(i) being responsible for the maintenance of a field channel, or using a
field channel, neglects to take proper precautions for the prevention
of waste of the water thereof, or interferes with the authorised
distribution of the water therefrom, or uses such water in an
unauthorised manner;
shall, when such act shall not amount to the offence of
committing mischief within the meaning of the Indian Penal Code,
on conviction, be punished in the case of a first offence with fine
which may extend to two thousand rupees, and in the case of a
second and subsequent offence, with fine which may extend to five
thousand rupees:
41. Whoever, without proper authority,—
(a) pierces or cuts through or attempts to pierce or cut through or
otherwise to damage, destroy or endanger the stability of any
entrusted minor canal;
(b) opens, shuts or obstructs, or attempts to open, shut or obstruct any
sluice in any entrusted minor canal;
Fort
endangeringt
stabilitytoft
minortcanal,t
etc. t
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(c) makes any dam or obstruction for the purpose of diverting or
opposing the current of a river or an entrusted minor canal on the
bank whereby there is a flood embankment, or refuses or neglects to
remove any such dam or obstruction when lawfully required so to
do;
shall, when such act shall not amount to the offence of
committing mischief within the meaning of the Indian Penal Code,
on conviction, be punished in the case of a first offence with fine
which may extend to two thousand rupees, and, in the case of a
second and subsequent offence with fine which may extend to five
thousand rupees.
42.t Whenever any person is convicted under either section 40 or 41, the
convicting Magistrate may order that he shall remove the obstruction or
repair the damage in respect of which he is convicted within a period to be
fixed in such order. If such person neglects or refuses to obey such order
within the period so fixed, the Competent Authority may remove such
obstruction or repair such damage and the cost of such removal or repair, as
certified by the said Competent Authority, shall be leviable from such
person by the Collector as an arrear of land revenue.
43.t (1) Where an offence under this Act has been committed by a
company, every person, who, at the time the offence was committed, was in
charge of, and was responsible to, the company for the conduct of the
business of the company, as well as the company shall be deemed to be
guilty of the offence and shall be liable to be proceeded against and
punished accordingly:
Provided that nothing contained in this sub-section shall render any
such person liable to any punishment provided in this Act if he proves that
the offence was committed without his knowledge or that he exercised all
due diligence to prevent the commission of such offence.
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(2) Notwithstanding anything contained in sub-section (1), where an
offence under this Act has been committed by a company and it is proved
that the offence has been committed with the consent or connivance of, or is
attributable to any neglect on the part of any director, manager, secretary or
other officer of the company, such director, manager, secretary or other
officer shall also be deemed to be guilty of that offence and shall be liable
to be prosecuted against and punished accordingly.
Explanation .—For the purpose of this section,—
(a) “company” means a body corporate and includes a firm or other
association of individuals and
(b) “director in relation to firm” means a partner in the firm.
44.t Any person in charge of, or employed upon, any entrusted minor
canal, may remove from the lands or buildings belonging thereto, or may
take into custody without a warrant and take forthwith before a Magistrate
or to the nearest police station, to be dealt with according to law, any person
who within his view—
(a) wilfully damages, obstructs or fouls any entrusted minor canal;
or
(b) without proper authority interferes with the supply or flow of
water, in or from any entrusted minor canal, or in any river, or
stream so as to endanger, damage or render less useful any
entrusted minor canal.
45.t Nothing herein contained shall prevent any person from being
prosecuted under any other law for any act or omission made punishable by
this Act.
46.t (1) Whenever any person is fined for an offence under this Act, the
court, which imposes such fine, or which confirms in appeal or revision
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sentence of such fine, or a sentence of which such fine forms part, may
direct that the whole or any part of such fine may be paid by way of award
to any person who gave information leading to the detection of such offence
or to the conviction of the offender.
(2) Where the fine be awarded by a court whose decision is subject to
appeal or revision, the amount awarded shall not be paid until the period
prescribed for presentation of the appeal has elapsed or, if an appeal be
presented till after the decision of the appeal.
47.t No court shall take cognizance of an offence punishable under this
Act except on s complaint made by the Competent Authority or the
President of the Association or the Chairperson of the Committee.
48.t (1) The Association may, either before or after the institution of
proceedings for any offence punishable under this Chapter, accept from any
person charged with such offence, by way of composition of offence such
sum not exceeding five thousand rupees as may be determined by it.
(2) On payment of such sum as may be determined by the Association
under sub-section (1), no further proceedings shall be taken against the
accused person in respect of the same offence and any proceedings, if
already taken, shall stand abated.
Explanation .—For the purposes of this Chapter, the expression “entrusted
minor canal” shall have the meaning assigned to it by clause (b) of section
10 and shall include a water course and a field channel into which the water
of the entrusted minor canal flows.
CHAPTERttVIIIt
MISCELLA9glyph’’ugEOUSt
49.t Where, by notification under sub-section (2) of section 3, the limits
of any service area has been,—
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(i) increased or
(ii) decreased,
the Competent Authority may, notwithstanding anything contained
in this Act, by order published in the Official Gazette , provide for following
matters, namely:—
(a) in the case falling under clause (i), require the Association to
include holders of land in the service area so increased as its
members and to elect a holder of land in that area as a member of
the Committee,
(b) in the case falling under clause (ii), -
(i) require the Association to exclude its member who are holders
of land in the service area so decreased and
(ii) removal of members of the Committee representing the area so
decreased.
50. Notwithstanding anything contained in the Bombay Irrigation Act,
1879, where an Association pays water rates before a date stipulated for its
payment, the State Government may, by notification in the Official Gazette,
reduce the water rates payable by such Association to such extent as it
deems fit.t
51.t Any dispute or difference arising between members of the
Association shall be presented to the Chairperson of the Committee within
a period of thirty days from the date it has arisen and the Chairperson may
pass such order as he may deem just and proper.
52.t (1) An appeal shall lie to such officer of the State Government as it
may. by notification, specify, against any order or decision of the
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Association or the Managing Committee affecting a member of the
Association or any other individual.
(2) Such appeal shall be made within a period of thirty days from the
date of order or decision.
(3) The specified officer may pass such order on the appeal as he may
deem just and proper and the order so passed shall be final.
53. (1) An officer of the State Government authorised by notification
published in the Official Gazette , may on of his own motion within two
years or, on an application made to him, within one year from the date of
any order or decision of the Competent Authority or the Association or the
Committee, call for and examine the record of any such order or decision
for the purpose of satisfying himself as to the legality, regularity or
propriety of such order or decision, and pass such order thereon as he thinks
just and proper, within twelve months from the date of service of notice for
revision.
(2) Where an appeal lies under section 52 and no appeal has been filed,
no proceedings in revision under this section shall be entertained upon
application.
(3) No order shall be passed under this section which adversely affects
any person, unless such person has been given reasonable opportunity of
being heard.
54. (1) Where any amount is due from a member of the Association, the
Association shall, with the least practicable delay, cause to be presented to
the member liable for the payment thereof a bill for the amount due from
him specifying the date on or before which the amount shall be paid.
(2) If the Association is unable to recover the amount due to it from a
member, it shall be recovered as an arrear of land revenue.
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55. (1) In the performance of its functions under this Act, the
Association shall be bound by such directions on questions of policy as the
State Government may give in writing to it from time to time:
Provided that the Association shall be given an opportunity to
express its views before any direction is given under this sub-section.
(2) The decision of the State Government whether a question is one of
policy or not shall be final.
56. (1) In the performance of its functions under this Act, the
Committee shall be bound by such directions on questions of policy as the
Association may give in writing to it from time to time:
Provided that the Committee shall be given an opportunity to
express its views before any direction is given under this sub-section.
(2) The decision of the Association whether a question is one of policy
or not shall be final.
57.t No suit, prosecution or other legal proceedings shall lie against the
Competent Authority, the Association or, as the case may be, the
Committee or any member, officer or servant of the Association or, as the
case may be, the Committee for anything which is, in good faith, done or
intended to be done in pursuance of the provisions of this Act or of any rule
made thereunder.
58. (1) The State Government may, by notification in the Official
Gazette , make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power, such rules may be made to provide for all or any of the matters
expressly required or allowed by this Act to be prescribed by rules.
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(3) The power to make rules conferred by this section shall be subject to
the condition of the rules being made after pExcerpt shown. Open the full act in Lexace.