LexThe Maharashtra Management of Irrigation Systems by Farmers Act, 2005
Maharashtra · state statute
Open in Lexace · Ask the AI about this act2005 : Mah. XXIII] 1
THE MAHARASHTRA MANAGEMENT OF IRRIGATION
SYSTEMS BY FARMERS ACT, 2005
[Text as on 24th August 2023]
——————
CONTENTS
PREAMBLE.
SECTIONS.
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.
19. Procedure for recall.
20. Constitution of Sub-committees of Water User‟ Association.
21. Agreement.
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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. Disqualifications.
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.
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.
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Systems by Farmers Act, 2005
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.
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.
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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.
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Systems by Farmers Act, 2005
MAHARASHTRA ACT No. XXIII OF 20051
[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 Commiss ion (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 Gov ernment 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 (Mah. Ord. XXIII of 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:-
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. — (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.
(3) Save as otherwise expressly provided in this Act, it shall come into force on such date 2 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 (Mah.
XXXVIII of 1976) shall continue to apply in that area.
2. Definitions.— 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 an d 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;
1 For Statement of Objects and Reasons see Maharashtra Government Gazette, Extraordinary, Part V-A, page
398.
2 This Act came into force on the 18 th December 2006, vide Government Notification, Water Resources
Department, No. MMI. 1006/(517-06)/IM (P), dated the 18th December 2006.
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(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 arrive d 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 (Mah. XXXVIII of 1976) and also includes Maharashtra Water
Resources Regulatory Authority and Irrigation Development Corporations established by the State
Government by Acts of the State Legislature;
(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 sec tion 2 of the
Maharashtra Irrigation Act, 1976 (Mah. XXXVIII of 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;
(g) “Canal System” means all canals and includes all lands commanded thereby;
(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 discha rge 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 Corpor ation
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 r elated aspects
including responsibility 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 Governm ent 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 a n association constituted for the purpose of lift irrigation,
registered in the prescribed manner as provided in section 43;
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(t) “Maharashtra Water Resources Regulatory Authority (MWRRA)” means the authority
established by the State Government by an Act o f the State Legislature for regulation of water
resources in the State;
(u) “Major Irrigation Project”, “Medium Irrigation Project” and “Minor Irrigation Project” means
project having culturable command area exceeding ten thousand hectares, exceeding two t housand
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 plannin g, 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 ir rigation 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 r ecovery 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 cer tain per cent of the
volume of water as specified by the Appropriate Authority is stored, making the availability of
water predictable for use;
(ae) “ rules ” means the rules made under this Act;
(af) “Rotational Water Supply (RWS)” means a system of wate r 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 allott ed at the point of supply to the Water
Users‟ Association;
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(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 Mana gement 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. Water Users’ Association to be body corporate.— 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, hol d 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 :
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
4. Objects of Water Users’ Association.— (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 a nd 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.
5. Delineation of areas as areas under Management of lrrigation System by Farmers. — 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 noti fication 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 notif ication making amalgamation, division, or in any way altering the
boundaries of the Water Users‟ Association shall be issued unless a reasonable opportunity, as
2005 : Mah. XXIII] The Maharashtra Management of Irrigation 9
Systems by Farmers Act, 2005
prescribed, is given to the Water Users‟ Association and holders or occupiers of the lands like ly 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.
6. Delineation of Command Area of Water Users’ Association at minor level. — (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 r ules, 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‟ Associ ation at Minor Level for the purposes of this Act. The area of operation so
declared may include both 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 Water U sers‟ 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 subsection ( 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 Supe rintending 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 notificatio n 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. Supply of water, to land under Management of Irrigation System by Farmers. — 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.
8. Constitution of Water Users’ Association at Minor Level.— (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 ma nner 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.
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9. Managing Com mittee of Water Users’ Association at Minor Level and election of its
Directors and Chairperson. — (1) There shall be a Managing Commit tee 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‟ Associ ation 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‟ Associa tion 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‟ A ssociation opted by him, in
the prescribed manner.
(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. Delineation of area of operation of Distributary Level Association.— (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.
(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 presc ribed 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. Constitution of Distributary Level Association. — (1) In the area delineated as an area of
operation of Distributary Level Association under section 10, a Distributary Level Association shall be
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Systems by Farmers Act, 2005
constituted by the Water Users‟ Associations at Minor Level. Such Association shall be registered in
the prescribed manner.
(2) All the Water Users‟ Associa tions 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.
(3) After the operation and maintenance of the delineated area is handed over to such Distributary
Level Association, water supp ly to water users in such delineated area shall be through the respective
Distributary Level Association.
12. Managing Committee of Distributary Level Association and election of its Directors and
Chairperson. (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 Associat ion 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 W ater 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.
13. Delineation of area of operation of Canal Level Association. — (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 bas is 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.
(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;
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(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. Constitution of Canal Level Association. — (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 Dis tributary Level Associations. Such Association shall be registered in the
prescribed manner.
(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. Managing Committee of Canal Level Association and election of its Directors and
Chairperson.— (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.
(3) Adequate representation shall be given on the Managing Committee of the Canal Le vel
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.
16. Delineation of area of Operation of Project Level Association. — (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 irrigabl e 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,—
2005 : Mah. XXIII] The Maharashtra Management of Irrigation 13
Systems by Farmers Act, 2005
(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.
(3) The provisions of sub -sections (3), (4), (5) and (6) of section 6 shall, m utatis 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 Associa tion and the
appellate officer shall be the notified Superintending Engineer.
17. Constitution of Project Level Association. — (1) In the area delineated as an area of
operation of Project Level Association (PLA) under section 16, a Project Level Associat ion shall be
constituted by the Canal Level Associations functioning within the project. Such Association shall be
registered in the prescribed manner.
(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) Notwithstandi ng 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 pr oject. 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. Managing Committee of Project Level Association and electi on of its Directors and
Chairperson.— (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.
(3) Adequate representation shall be given on the Ma naging 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 a lso 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 presi ded
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 secti on 19, hold
office for a period of six years from the date of the constitution of the said Managing Committee.
14 The Maharashtra Management of Irrigation [2005 : Mah. XXIII
Systems by Farmers Act, 2005
(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.
19. Procedure for recall.— (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 writi ng 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.
20. Constitution of Subcommittees of Water Users’ Association.— The Managing Committee
of a Water Use rs‟ Association may constitute sub -committees to carry out all or any of the functions
vested in such Water Users‟ AssoExcerpt shown. Open the full act in Lexace.