The UTTAR PRADESH PARTICIPATORY IRRIGATION MANAGEMENT ACT, 2009

  
 
 THE UTTAR PRADESH PARTICIPATORY IRRIGATION 
MANAGEMENT ACT, 20091 
[ U. P. ACT No. 4 of 2009 ] 
 [As passed by the Uttar Pradesh  Legislature and assented 
to b y the President on February 19, 2009  and published in the 
U.P. Gazette Extraordinary on February 20, 2009] 
 AN 
ACT 
to provide for empowering the water users’ association to 
play their role as effective instruments of participation 
irrigation management and for matters connected therewith or 
incidental therein. 
WHEREAS the State Government has in the State Water 
Policy declared in 1999 resolved to adopt integrat ed water 
resources management through participatory approach;   
 AND WHEREAS, water users’ associations  have to be given 
an effective role in equitable distribution of water and its 
efficient and optimum use, operation and  maintenance of 
irrigation and d rainage systems, promotion of conjunctive use of 
surface and ground water, command area development, 
assessment and recovery of water charges and protection of 
environment and ecology. 
 IT IS HEREBY enacted in the Sixtieth Year of the Republic of 
India as follows :– 
 CHAPTER – I 
PRELIMINARY 
Short title, 
extent and 
commencement  
1. (1) This Act may be called the Uttar Pradesh Participatory 
Irrigation Management Act, 2009. 
(2) It extends to the whole of Uttar Pradesh. 
 (3) Save as otherwise expressly prov ided in this Act, it shall 
come into force on such date as the State Government may, by 
notification in the Gazette appoint and different dates may be 
appointed for different areas, different irrigation systems, different 
levels (e.g. minor canal level, di stributary canal level and other higher 
levels) of an irrigation system and for different provisions of this Act. 
Definitions 2. (1)   In this Act, unless the context otherwise requires,— 
(a) “Agreement” means an agreement between the lower 
level water users’ association and upper level water 
users’ association or the competent canal officer, as the 
case may be, for the supply of water on volumetric or 
area basis for irrigation water and handing over of 
operation, maintenance and management; 
1. For SOR see at the end of this Act. 
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[The Uttar Pradesh Participatory Irrigation Management Act, 2009]  
 (b) “Apex Committee”  means a state level committee 
constituted by the State Government for monitoring, 
evaluation and research on participatory approach to 
water management so as to give feedback and advice to 
Government on related policy matters; 
 (c)  “Appellate Officer” means an officer authorised by the 
State Government to hear and decide the appeal against 
order and decision of a competent canal officer or a 
water users’ association, as the case may be; 
 (d) “Area of Operation”  or "Delineated Area" in relation to 
a water users’ association means a contiguou s block of 
land in the command area of an irrigation system 
delineated by a competent canal officer on topographic, 
hydraulic and/or administrative basis, as may be 
notified by the State Government;  
 (e) “Branch” means a canal with all works whose design ed 
head discharge is 500 cusec or more;    
(f) “Canal” means a channel with all works used for 
irrigating fields including water courses, drains and their 
appurtenant structures in the command area . It also 
includes all lands occupied by the State Governm ent for 
the purposes of a canal, and all buildings, machinery, 
fences, gates and other erections, trees, plantations or 
other produce occupied by or belonging to the State 
Government upon such lands; 
(g) “Canal System” means a canal including the canals 
linked therewith; 
 (h) "Command Area" means an area whether irrigated or 
capable of being irrigated under any irrigation system 
either by gravity flow  or by lift or by any other method 
within prescribed area of operation, for which a water 
users’ association is formed; 
 (i) “Competent Authority” means the State Government or 
any authority notified by the State Government; 
 (j) "Competent Canal Officer"  means an officer of Irrigation 
Department, Uttar Pradesh authorized by the State 
Government to perform any function under this Act within 
the area of his jurisdiction; 
 (k) "Competent Investigating Agency"  means an upper level 
water users’ association or the competent canal officer, as 
the case may be, responsible for investigating the offences 
under this Act.; 
 (l) “Culturable Command Area”  means  a culturable area 
within the gross command area; 
 
 
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[The Uttar Pradesh Participatory Irrigation Management Act, 2009]  
 (m) “Designed Dischar ge” means the maximum discharge 
for which a canal system has been designed; 
 (n) “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; 
 (o) “Discharge” means volume of wat er passing through a 
canal per unit of time;  
 (p) “Distributary” means a canal so designated by the 
irrigation department or a canal with all works, whose 
designed head discharge is between 20 cusec and 500 
cusec; 
 (q) "Collector" shall includes an officer appointed to exercise 
all or any of the powers of a Collector provided under this 
Act;  
 (r) "Election Officer" means an officer authorised by the 
State Government to perform functions related to 
elections of representative of a water users’ association; 
 (s) “Field” means agricultural field; 
(t) “Field Drain” means a channel with all subsidiary works 
to discharge waste or surplus water from a field to the 
nearest drain; 
(u) “Gauge” means a graduated scale or measuring device to 
measure the flow or level of water at a particular section 
of canal; 
(v) “General Body” in relation to a kulaba samiti shall mean 
a body consisting of all members of that kulaba samiti 
and in relation to a upper level water users’ association 
shall mean the body consisting of a
ll members of 
managing committee of immediate lower level water 
users’ associations; 
(w) “Gross Command Area” means a gross area commanded 
by an irrigation system and bounded by natural drains; 
(x)  “Hydraulic Basis”  means the basis for identifying an 
area of operation of a water users’ association served by a 
canal system on topographical basis bounded by natural 
depressions or drains having major area that can receive 
irrigation water by gravity flow; 
 (y) "Immediate Lower Level Water Users’ Association"  in 
relation to a water users’ association in the command 
area of a canal means a water users’ association in the 
command area of a direct offtake from that particular 
canal; 
 
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[The Uttar Pradesh Participatory Irrigation Management Act, 2009]  
 (z)  "Immediate Upper Level Water Users’ Association" 
in relation to a water users’ association means a water 
users’ association in the command area of the 
particular parent canal from which canal system of 
that water users’ association offtakes; 
(aa)  "Irrigation Department" means Irrigation Department 
of the Uttar Pradesh Government ; 
(ab)  "Irrigation System" means an irrigation project for 
harnessing water for irrigation and ot her allied uses 
which includes reservoir -fed and/ or river diversion 
system of canals, open head channels, lift irrigation 
schemes, tanks and the like including the field drains 
to discharge waste or surplus water from the fields in a 
canal command to the nearest drain;    
(ac)  “Land-holder” means owner as per khatouni or 
register-bandobast or a tenant or sub -tenant or a 
mortgagee in possession or licensee or tenure holder or 
lessee or otherwise, and includes person who is to be 
benefited by irrigation; 
(ad)  “Lift Irrigation”  means the irrigati on in which water 
needs to be lifted from its source and supplied to the 
lands situated on higher level;  
 (ae)  “Lift Irrigation Scheme” means the irrigation scheme 
in which water is lifted from its source and is supplied 
to a canal system;  
(af)  "Lower Level Water Users’ Associations" in relation 
to a water users’ association means all the water users’ 
associations at lower level , in the delineated area of 
operation of that particular water users’ association;         
(ag)  "Managing Committee" means a committee of 
members elected or nominated or designated as such 
in such manner as may be prescribed;   
(ah)  “Minor” means a canal designated as such by the 
irrigation department or canal with all works whose 
designed head discharge is not more than 20 cusec;  
(ai)  “Normal Year”  in relation to a diversion system or a 
reservoir based canal system means a calendar year in 
which the water available at the head works (including 
the water that is allowed to be discharged from the 
reservoir and losses there from ) is as envisaged in the 
Irrigation Project Report or as revised subsequently by 
the State Government; 
(aj)  “Office Bearer” means  the Chairperson, the Secretary 
or the Treasurer of a water users’ association;  
(ak)  “Outlet or Kulaba”  means a structure al ong with its 
appurtenant works fixed or constructed on minor, 
distributary or branch canal or main canal or pucca 
water course to receive water from canal and to deliver 
it to fields through water course;   
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[The Uttar Pradesh Participatory Irrigation Management Act, 2009]  
 (al)  "Participatory Irrigation Management"  means 
participation of stakeholders at all levels of irrigation 
system and in all aspects of irrigation management; 
 (am) “Previous Dues” in relation to assessment and recovery 
of water charges means amount mentioned in a bill or 
in a notice sent to land -holders or water users’ 
associations but not paid by them;  
(an)  “Registrar” means an officer of irrigation department 
authorized by the State Government to perform the 
functions of registration etc. in resp ect of water users’ 
associations; 
 (ao)  "Reserve Fund" means a fund under section 31;  
(ap)  “Tail Gul” will carry similar meaning as outlet or 
kulaba defined in para (ak). Wherever outlet or kulaba 
is referred it would automatically include “Tail Gul”; 
 (aq)  "Upper Level Water Users’ Associations" means all 
the higher level water users’ associations to of that 
water users’ association in the delineated area of 
operation of the irrigation system.   
 (ar)  "Wastage of Water"  means wasteful running of wat er 
through escape channel (except for canal safety) or 
otherwise instead of using it as per irrigation plan  and 
other legitimate purposes; 
 (as)  "Water Charges" means such sum of money payable 
by a water users’ association/a land -holder to the 
Irrigation Department/higher level water users’ 
association/ lower level water users’ association as the 
case may be for the supply of water to it at such rates 
as may be notified from time to time by the State 
Government; 
 (at)  “Water Rate”  means price chargeable  at point of 
supply per unit area/quantity of water;  
(au)  “Water Course” or "Field Channel" or 'Gul" means a 
channel with all subsidiary works which receives water 
through an outlet and distributes it to the fields; 
(av)  “Water User” means an individual or body corporate or 
an association or a group, using water in a command 
area;  
(aw) “Water Users’ Association ”  means a body of water 
users at a particular level of a canal system for flow as 
well as lift irrigation;  
(ax)  “Water Users’ Association at P roject Level” means a 
water users’ association constituted at project level to 
be known as Pariyojna Samiti; 
(ay)  “Water Users’ Association at Branch Level” means a 
water users’ association constituted at branch level to 
be known as Shakha Samiti; 
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[The Uttar Pradesh Participatory Irrigation Management Act, 2009]  
 (az)  “Water Users’ Association at Distributary Level” 
means a water users’ association constituted at 
distributary level to be known as Rajwaha Samiti;  
(aaa) “Water Users’ Association at Mi nor Level”  means a 
water users’ association constituted at minor level to be 
known as Alpika Samiti;  
(abb) “Water Users’ Association at Outlet Level” means a 
water users’ association constituted at outlet level 
whether of the minor or the distributary or the branch 
or the main canal to be known as Kulaba Samiti;  
 (acc)‘‘Lands under Participatory Irrigation Management 
Act’’ means the lands under culturable command of an 
irrigation system. 
 (2)  Words and expressions not defined shall have the 
meanings assigned to them in the Northern India Canal 
and Drainage Act, 1873. 
 CHAPTER – II 
WATER USERS’ ASSOCIATIONS, THEIR CONSTITUTION, POWERS 
AND FUNCTIONS 
Water users’ 
association to be 
body corporate 
 
 
 
 
 
Objectives of  
water users’ 
association 
 
 
3. Every water u sers’ association (WUA) constituted and 
registered under this Act  by the Registrar  shall be a body corporate 
and shall besides the powers of a body corporate have the power to 
manage and maintain the irrigation system given in its charge, and to 
do all things necessary, proper or expedient for the safety and security 
of the Government property under its control and management  
provided that no water users’ association shall have the power to 
alienate in any manner any property handed over to it by the 
Government.  
4. The main objective of water users’ association is to bring 
about water users’ participation in water management and also  to 
create among the water users’ a sense of ownership of irrigation 
system in their area. More specifically, a water users’  association 
shall:- 
 (i) promote and secure equitable, efficient and timely water 
distribution; 
(ii) motivate water users for adopting practices of scientific 
and economic use of water; 
(iii) encourage conjunctive use of surface and ground 
water; 
(iv)  encourage intensified  and diversified agricultural 
production system; and  
protect environment and ecology. 
Powers and 
functions of 
water users’ 
association 
5. (1)  A water users’ association shall have powers:- 
 (i) to enter on any land, remove obstructions, close any 
channel, and do other things necessary for carrying out its 
functions;  
 
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[The Uttar Pradesh Participatory Irrigation Management Act, 2009]  
 (ii) to cut down or/ and clear away any part of any 
standing crop, fence or  bush if it is necessary to carry out its 
functions; 
(iii) to enter into any building or water -course for the 
purpose of inspecting or regulating the use of canal water, or 
for measuring the lands irrigated thereby and chargeable with 
a water rate and to d o all things necessary for the proper 
regulation and management of such canals; 
(iv) to enter in case of any accident happening or being 
apprehended to a canal, water users’ association upon any 
lands adjacent to such canal, and may execute all work which 
may be necessary for the purpose of preventing such accident: 
 Provided that If a water users’ association proposes to enter 
into any building or enclosed court or garden attached to a dwelling -
house not supplied with canal water, it shall previously give the 
occupier of such building, court or garden at least seven day’s notice 
in writing of its intention to do so : 
Provided further that every case of entry under this section, the 
water users’ association shall at the time of such entry, tender 
compensation for any lawful claim of damage which may be 
occasioned by any proceeding under this section: and in case of 
dispute as to the sufficiency of the amount so tendered, it shall 
forthwith refer the same to the competent canal officer for decision. 
The decision of competent canal officer shall be final. 
 (2) (a) A water users’ association at kulaba, minor or 
distributary  level shall perform the following functions in the area of 
its operation:- 
 (i) to inform members regarding canal statistics and water 
use status  and invite suggestions, if any, for efficient 
management of the available water in the general body 
meeting; 
(ii) to prepare crop plan as per water budget and soil 
condition;  
(iii) to prepare water indent and submit it to immediate 
upper level water users’ association or competent canal officer, 
as the case may be; 
(iv) to receive water from immediate upper level water 
users’ association or competent canal officer, as the case may 
be, on volumetric basis and to supply it to its immediate lower 
level water users’ associations or land -holders in an equitable 
and transparent manner;  
(v) to design, implement, regulate and monitor its own 
water sharing arrangement, in the manner prescribed; 
(vi) to prepare water budget and maintain water account 
in such manner as may be prescribed;  
(vii) to prevent unauthorized irrigation and wastage of 
water, to ensure timely reporting of offences under section 33 
to immediate upper level water users’ association/competent 
canal officer, as the case may be, and to co
operate with the 
investigating agencies; 
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[The Uttar Pradesh Participatory Irrigation Management Act, 2009]  
 (viii) to prepare and submit crop season wise or annual 
reports including water audit to general body and to upper 
level water users’ association or the competent canal officer as 
the case may be; 
 (ix) to plan, design and implement activities relating to 
command area development in its area of operation; 
(x) to assist and participate  in such manner as may be 
prescribed in the process of recording of irrigation and 
assessment and recovery of water charges;  
(xi) to prepare inventory of assets in its cha rge and 
maintain it with other records in such manner as may be 
prescribed; 
(xii) to resolve dispute or difference among its members or 
lower level water users’ associations;  
(xiii) to undertake any other activities required for 
accomplishing the objectives of this Act. 
 (b)  A water users’ association at kulaba level shall perform the 
following additional functions in the area of its operation:- 
 (i) to construct and maintain water courses and field 
drains; 
(ii) to distribute available water among land holders. 
 (c)  A water users’ association at minor or distributary level 
shall perform the following additional functions in the area of its 
operation:- 
 (i) to carry out annual maintenance and repairs of the 
irrigation system in its charge before commen cement of each 
irrigation season; 
(ii) to implement special maintenance and repairs of the 
irrigation system in its charge; 
(iii) to monitor and coordinate the activities of the lower 
level water users’ associations. 
 (d) A shakha samiti shall perform the following functions in the 
area of its operation: 
 (i) to give advice to the lower level water users’ 
associations or the competent canal officer, as the case may be, 
regarding annual maintenance and recovery of previous and 
current water charges etc;  
(ii) to prepare and issue a public notice of water budget 
and preliminary irrigation program for the branch before 
commencement of each irrigation season  considering number of 
rotations and irrigation interval in consultation with the 
competent canal officer; 
(iii) to prepare canal operation schedules in consultation 
with lower level water users’ associations and the competent 
canal officer; 
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[The Uttar Pradesh Participatory Irrigation Management Act, 2009]  
 (iv) to monitor and coordinate the activities of the lower 
level water users’ associations.; 
 (e) The pariyojana s amiti shall give advice to competent canal 
officer and apex committee on problems and issues related to water 
management within the project area.  
(3) Where there is no water users’ associations at kulaba level  
the powers and function thereof shall vest i n the  water users’ 
association at minor level and where there is no water users’ 
association at minor level also  the powers and functions of water 
users’ association at kulaba level shall vest in the competent canal 
officer. 
(4) Where there is no water users’ associations at minor level the 
powers and function thereof shall vest in the water users’ association 
at distributary level and where there is no  water users’ association at 
distributary level also the powers and functions of water users’ 
association at minor level shall vest in the competent canal officer. 
(5)  Where there is no  water users’ association at distributary 
level, branch level and project level the powers and function thereof 
shall vest in the competent canal officer. 
Delineation of 
area of operation 
of water users’ 
association 
6.  (1) The competent canal officer may, by notification in the 
official gazette, delineate or modify on hydraulic and/or administrative 
basis, the command area of an irrigation project or  part thereof to be 
an area for which water  users’ association of appropriate level shall 
be constituted in such manner as may be prescribed : 
Provided that no such notification regarding modification of a 
delineated area shall be issued unless a reasonable opportunity is 
provided to the water users’ associations and land -holders likely to be 
affected. 
(2)  The notification under sub-section (1),-  
(a)  shall consist of a certified copy of updated shajra map 
of area of operation and other documents as may be 
prescribed. 
(b) shall be widely displayed in and in the vicinity of the 
area of operation of the water users’ association. 
(c) on demand by any interested land -holder, the copies 
shall be made available to him on such payment as may  be   
prescribed.  
(3)    Any person aggri eved by the notification or part thereof 
may within thirty days from the date of notification, file an appeal 
before the appellate officer. 
(4)  The appellate shall within three months of receipt of the 
appeal pass such order as he thinks fit and thereupon the notification 
shall from the date specified in such order stand modified. Provided 
that no such order shall be made without giving the person concerned 
an opportunity of being heard. 
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[The Uttar Pradesh Participatory Irrigation Management Act, 2009]  
Constitution of 
water users’ 
association at 
outlet level 
(Kulaba samiti)   
7. (1) For the area delineated as an area of operation of an 
outlet, water users’ association shall be constituted. 
 (2) All the water users of the outlet shall constitute the general 
body of the kulaba samiti and only the adult members with 
prescribed eligibility shall have the right to vote. In case of non adult 
members, their natural guardians may represent them in the general 
body and shall also have the right to vote. If the natural guardian is 
already a member of the general body then he/she shall have th e 
right to exercise his/her vote only once. 
(3) No person who is not eligible to be elected to an office of the 
Gram Panchayat, shall be eligible to stand for election to the 
managing committee of a kulaba samiti. 
Managing 
committee of 
water users’ 
association at 
outlet level 
(Kulaba samiti) 
and election of 
its members and 
office bearers 
8. (1) The command of an outlet shall be divided into such 
number of subcommands as may be prescribed. Each subcommand 
shall have almost equal number of landholders. 
(2)  There shall be a managing committee for every kulaba 
samiti headed by a Chairperson. The committee shall have one 
representative each from every subcommand. If there is no 
representation of person belonging to Schedule Castes or Schedule 
Tribes or of wom en or panchayats in the managing committee, one 
person against each unrepresented category and chairman of jal 
prabandhan samiti of gram panchayat shall be co -opted by the 
managing committee from amongst members of the general body. 
Such managing committee shall be responsible to discharge the 
functions of the kulaba samiti. 
(3) The representative of subcommand shall be directly  elected 
from amongst the land -holders of the subcommand for such period 
and in such manner as may be prescribed. The Chairperson and 
other office bearers of the managing committee shall be elected by 
itself from amongst the representatives of the subcommands in the 
first meeting of Kulaba Samiti. The first meeting of such Kulaba 
Samiti shall be presided over by the competent canal of ficer. The 
tenure of the Chairperson and other office bearers  shall be such as 
may be prescribed : 
 Provided that no member of the general body shall hold more 
than one post of office bearer in the managing committee : 
 Provided further that no member o f the general body who is an 
office bearer in the managing committee of a kulaba samiti shall be 
an office bearer in the managing committee of any other water users’ 
association at any level.  In case an office bearer of a kulaba samiti is 
elected as office bearer of an upper level water user association, he 
shall cease to be an office bearer of the kulaba samiti. 
 (4)  If any member of managing committee fails to discharge the 
duties under this Act, he may be recalled in such manner as may be 
prescribed. 
 (5)  If a member of the managing committee has been elected to 
upper level water users’ association, has been recalled or is dead, the 
position thus falling vacant shall be filled within prescribed time.  
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[The Uttar Pradesh Participatory Irrigation Management Act, 2009]  
 (6)  If an outlet directly offtakes from distri butary or branch 
then the competent canal officer shall move for constitution  of a water 
users’ association comprising of specified number of kulaba samitis of 
direct offtakes and its affiliation with water users’ association at 
distributary or the branch as the case may be. The status of such 
water users’ association shall be that of a water users’ association at 
minor level. Further, the managing committee of such water users’ 
association shall form the general body of water users’ association at 
distribu
tary or branch level as the case may be for purpose of 
representation and other functions.  
(7)  If the constitution of water users’ association as aforesaid 
in sub-section (6) is not feasible, then the level of affiliation of kulaba 
samitis concerned shal l be determined after consultation as 
prescribed with each such kulaba samiti and affiliating water users’ 
association. The managing committee of the kulaba samiti in such 
case shall form the general body of the affiliating water users’ 
association for pur
pose of representation and other functions. In 
case, affiliation is not feasible, the competent canal officer shall 
discharge all functions and powers of immediate upper level water 
users’ association for such kulaba samiti(s) till such affiliation.  
Explanation : For the purpose of constitution and federation 
of cluster of direct offtaking kulaba samitis, the principle of contiguity 
and common hydrological flow shall be prime consideration. In case of 
exceptional situation of inability to constitute and af filiate as in sub -
sections (6) and (7), competent canal officer shall discharge all 
functions and powers of immediate water users’ associations for such 
kulaba samiti.  
(8)  If kulaba directly offtakes from main canal, the competent 
canal officer shall discharge all functions and powers of immediate 
upper level water users’ association for such kulaba samiti(s). 
Constitution of 
water users’ 
associations at 
alpika, rajbaha 
and shakha 
levels 
9. (1)  For the area delineated as area of operation of a minor, 
distributary and branch level water users’ association, water users’ 
associations shall be constituted which shall be known as alpika 
samiti, rajbaha samiti and shakha samiti respectively. 
 (2)  All the members of the managing committee of immediate 
lower le vel water users’ associations in its area of operation  shall 
constitute the general body of alpika samiti, rajbaha samiti or shakha 
samiti as the case may be. 
 (3) In the case of minors off -taking from branch canal, a water 
users’ association  comprising of specified number of water users’ 
associations at minor level may be constituted and affiliated  with 
water users’ association at branch level. The status of such water user 
association shall be that of a water user association at distributary 
level. Furth er the managing committee of such water users’ 
association shall form the general body of water users’ association at 
branch level for the purpose of representation and other functions.  
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[The Uttar Pradesh Participatory Irrigation Management Act, 2009]  
 (4)  If the constitution of water users’ association as aforesaid in 
sub-section (3) is not feasible, then the level of affiliation of alpika 
samitis concerned shall be determined after consultation as prescribed 
with each such alpika samiti and affiliating water users’ association.  
The managing committee of the water users’ association at minor level 
in such case shall form the general body of the affiliating water users’ 
association for purpose of representation and other functions. 
 (5)  If a minor directly offtakes from main canal, the competent 
canal officer shall discharge all functions and powers of a distributary 
level water users’ associat ion for such alpika samiti(s) till such 
affiliation. 
Managing 
committee of 
alpika samiti, 
rajbaha samiti 
and shakha 
samiti 
10. (1) There shall be a managing committee for each water 
users’ association at minor, distributary or branch level. The 
committee will be comprised of a Chairperson, a Secretary, a 
Treasurer and such number of other members as may be prescribed. If 
there is no representation of persons belonging to the Schedule Castes 
or Schedule Tribes or of women or  panchayats of appropriate level  
situated  at the tail end of canal, in the managing committee, then one 
person against each unrepresented category shall be co -opted by the 
managing committee from  amongst members of the general body or 
panchyats of appropriate level situated at the tail end of canal, as the 
case may be. Such managing committee  shall be responsible to 
discharge the functions of the water users’ association in its area of 
operation. 
 (2) The members of the managing committee of the water users’ 
association at minor, distributary and branch level shall be elected for 
such period and in such manner as may be prescribed. 
 (3) If any member of the managing committee fails to discharge 
the duties under this Act, he may be recalled in such manner as may 
be prescribed.  
(4) The office bearers of the managing committee shall be elected 
by the committee itself from amongst its elected members. 
Constitution of 
Water users’ 
associations at 
project level 
(Pariyojna 
samiti)  
 
 
Acceptance of 
resignation 
11. (1) All Chairpersons of branc h committee shall constitute 
the pariyojna samiti. 
(2)  The members of pariyojna samiti shall select a Chairperson 
from amongst themselves by consensus in such manner as may be 
prescribed.   
12. (1) Resignation of a member of the managing committee of 
a water users’ association, at any level may be accepted by the 
managing committee of the water users’ association concerned. 
 (2) Resignation of the Chairperson of a water users’ association 
may be accepted by the managing committee of immediate upper level 
water users’ association or competent canal officer as the case may be. 
Act  to apply to 
existing water 
users’ 
associations 
13. Any existing water users’ associations in a delineated area 
constituted in accordance with Government Order no. 2188/27- 4-
67W/96 Dated, 1- 5-2006 prior to the date of commencement of this 
Act, shall continue to function if the provisions of the agreement 
entered into between the competent canal officer and the water users’ 
association is not inconsistent with the provisions of this Act and the 
rules made thereunder. 
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[The Uttar Pradesh Participatory Irrigation Management Act, 2009]  
Authentication 
of orders and 
documents of 
water users’ 
association 
14.  All permissions, orders, decisions, notices and other 
documents, of the general body or managing committee of a water 
users’ association shall be authenticated by the signature of the 
secretary of water users’ association.  
Act  not to be 
invalidated by 
infirmity or 
vacancy etc. 
15.  No actions or proceedings of the general body or the 
managing committee of a water users’ association shall be invalid by 
reason only of the existence of any vacancy or defect in the 
constitution of such water users’ association , if minimum quorum as 
prescribed and the chairperson are present, in such meeting 
Transfer of 
management of  
Irrigation 
System to water 
users’ 
associations 
16 (1). After notification of constitution of a water users’ 
association under sub -section (1) of section 7 or  sub- section (1) of 
section 9 management of  the part of  irrigation system falling in its 
area of operation shall be handed over by the Irrigation Department in 
the forthcoming crop season (rabi or kharif as the case be) to outlet/ 
minor or dis tributary level water users’ association  as the case may 
be. If such crop season falls within one month then such handing over 
shall be given effect on  coming of next following season.  
 (2) Civil works such as rehabilitation of minors planned and 
funded by  the State Government shall  be implemented by water 
users’ association after transfer of management under sub section 
(1).of section  16 where any water users’ association is unable to 
implement the plan , the irrigation department may carry out these 
works as a special case on behalf of water users’ association to the 
satisfaction of the  water users’ association. 
Ownership of 
Irrigation 
System to rest 
with State 
Government 
17. The ownership of the irrigation system, whose management 
has been transfer red to the water users’ association for fulfilling the 
objective of this Act, shall remain with the State Government.   
Agreement 
between the 
Government and 
water  users’ 
association and 
between water 
users’ 
associations 
18 (1). For the purpose of supply of bulk water to the water 
users’ associations and related issues,  the distributary level water 
users’ association shall enter into an agreement with the Irrigation 
Department in such manner as may be prescribed. Every other lower 
level water users’ associ ation shall enter into similar agreement with 
its immediate upper level water users’ association. 
 (2) In the absence of a written agreement, or non renewal of 
any existing  agreement, every supply of canal water shall be deemed 
to be given at the rates an d subject to the conditions laid down by the 
State Government or the competent authority so designated for the 
purpose.  
(3)  No right to the use of the water from a canal shall be, or be 
deemed to have been acquired, nor shall the Irrigation 
Department/water users’ association, as the case may be, be bound to 
supply to any water users’ association/land -holder with available 
water except in accordance with the terms and conditions of the 
agreement.  
(4) The competent canal officer or the water users’ associ ation, 
as the case may be, shall not stop the supply of water to a lower level 
water users’ association or a land -holder 
except in the following 
cases:- 
26 
[The Uttar Pradesh Participatory Irrigation Management Act, 2009]  
 (i) whenever and so long as it is necessary to stop such 
supply for the purpose of executing any work ordered and 
sanctioned by the competent canal officer; 
 (ii) whenever and so  long as a canal or water course is not 
maintained in such proper shape and repair is necessary to 
prevent wasteful escape of water therefrom; 
(iii) within such period as may be fixed from time to time by 
the competent canal officer; 
 (5)  ( i)  No water u sers’ association shall  sell or sublet or 
otherwise affect its function of water distribution. 
 (ii) No water users’ association shall be entitled to sell or 
sublet or otherwise affect the right to use any work, building or 
land allotment to any canal. 
(iii)  If it is found that the managing committee of a water 
users’ association is unable to perform its functions, then the 
competent canal officer shall assist it and try to strengthen it to 
enable it to perform its functions. If the managing committee fails 
to perform even after such assistance the competent canal officer 
may initiate its dissolution and constitution of a new managing 
committee in such manner as may be prescribed. 
Water budgeting 19. Every water users’ association shall prepare its crop p lan 
according to its water budget taking into account conjunctive use of 
surface and ground water well before the crop season and accordingly 
plan a preliminary irrigation programme, in consultation with the 
competent canal officer. Such cropping pattern a nd irrigation 
programme shall be consistent with the State Government’s 
agriculture and irrigation policies. 
Installation of 
measuring 
device 
 
20.  The competent canal officer shall provide and maintain a 
measuring device for volumetric measurement of wat er at the point of 
supply to water users’ associations as prescribed and also determine 
the water carrying capacity every year for every season considering 
practical situation and directives issued by State Government.  
Modes and rates 
for supply of 
water to water 
users’ 
association 
21. Water shall be supplied by the Irrigation Department to the 
distributary level water users’ associations measured volumetrically at 
supply point.  The competent canal officer and the water users’ 
association shall jointly check the discharge at the beginning of each 
crop season. Such joint measurements of discharges may also be 
made at other points of time if  so required for correct assessment of 
water delivery to water users’ association during the fasal period. 
Water charge shall be impressed at the end of each crop season fasal 
wise. 
Recovery of 
dues as arrears 
of land revenue 
 
22. Without prejudice to any other mode of recovery, which is 
being taken or may be taken under this Act or any other law for the 
time being in f orce, any sum lawfully due under this Act and certified 
by the managing committee of a water users’ association which 
remains unpaid by the land owner/water users/ water users’ 
associations shall be recovered by the Collector as if it were an arrears 
of land revenue. 
28 
[The Uttar Pradesh Participatory Irrigation Management Act, 2009]  
Claims to 
compensation 
and remission 
in case of 
failure or  
stoppage of 
water supply 
23. No claim shall be made against the State Government or 
the water users’ association for compensation in respect of loss 
caused by the failure or stoppage of the water in a canal, by reason of 
any cause beyond the control  of the State Government or water users’ 
association, or of any repairs, alterations or additions to the canal, or 
of any measures taken for regulating the proper flow of water therein 
or for maintaining the established course of the irrigation which the 
competent canal officer considers necessary; but the land -holder 
suffering such loss as prescribed may claim such remission of the 
ordinary water charges payable for the use of the water as is 
authorised by the State Government on the recommendations of water 
users’ association or competent canal officer as the case may be. 
Apex 
committee: 
(Sheersh samiti) 
24. (1) The State Government may constitute a State level 
committee to be called the Sheersh Samiti with a Chairperson and 
such number of members not exc eeding 20 of which half members 
shall be Government official having such qualifications as may be 
prescribed and the rest shall be the chairpersons of water users’ 
associations  as may be prescribed. 
(2) The committee shall be responsible 
for monitoring, 
evaluation and research on the participatory irrigation management 
process in the State and shall provide necessary feedback to the State 
Government and advise it on policy matters.  
(3) The committee shall exercise such powers and functions as 
may be prescribed. 
Appointment of 
registrar, 
election officer, 
competent 
canal officer 
and appellate 
officer 
25. (1) The State Government may by notification in the  Gazette 
appoint such officers of the State Government as the Registrar, 
Election Officer, competent canal officer and appellate officer. 
(2) The powers and functions of officers appointed under sub - 
section  (1) shall be such as may be prescribed 
Deputation of 
Government 
employees to 
water users’ 
association 
26. (1) The State Government may, on request, depute its 
employees to a water users’ association in such manner as may be 
prescribed. 
(2)  The water users’ association may hire / appoint any person 
to carry out day -to-day work related to office/field at wages as 
approved in the form of pay and/or food grains. 
(3) The remuneration and allowances and other service 
conditions of office bearers as well as of regular employees of water 
users’ associations shall be such as  may be prescribed. 
 CHAPTER III 
SOURCES OF FUNDS 
Sources of 
funds of water 
users’ 
association 
 
27. (1) The main source of funds of a water users’ association 
shall be its share as determined by the State Government in the water 
charges recovered in respect of water supplied by it.  
(2)  A water users’ association may also raise funds through the 
following sources: 
30 
[The Uttar Pradesh Participatory Irrigation Management Act, 2009]  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Utilization of 
funds 
(i) income from the properties and the assets in the area of 
operation of the irrigation system with approval of competent 
canal officer.  
(ii) penalty and compounding of fees.  
(iii) contributions from land-holders. 
(iv) donations. 
(v) interest on deposits. 
(vi) borrowings. 
(vii) fees for services. 
(viii) grants from State or Central Government. 
(ix) income from such other source. as may be prescribed. 
28. The funds of the water users’ association shall be utilized 
towards fulfillment of its objectives  and the performance of its 
functions. 
Budget 29. The managing committee of a water users’ association shall 
prepare an annual budget for the next financial year showing the 
estimated receipts and expenditure, which shall be placed before the 
general body for approval in the prescribed manner. 
Deposit and 
administration 
of the funds 
30. A water users’ association shall keep its funds in the   
accounts opened in its name in either a scheduled bank or a post 
office 
Reserve Fund 31. Every water users’ association shall maintain a reserve fund 
in a separate account which shall be utilized in such manner as may 
be prescribed. 
Audh 32. Every water users’ association shall get its annual  accounts 
audited by such auditor as may be prescribed. 
 CHAPTER-IV 
OFFENCES AND PENALTIES 
Offences and 
penalties 
33. (1) Whoever, without any lawful authority does any of the 
following acts within the delineated area of operation of an irrigation 
system, that is to say; 
 (i) demages, alters, enlarges or obstructs any canal work 
or field drain; 
(ii) interferes with, increases or diminishes the supply of 
water in or the flow of water from, through, over or under, any 
canal or field drain; 
(iii) uses without authorization of competent authority, 
water outside the area of operation of a water users’ association; 
 (iv) neglects to take the proper precautions for the 
prevention of waste of water or interferes with the authorized 
distribution of water or uses such water in an unauthorized 
manner; 
32 
[The Uttar Pradesh Participatory Irrigation Management Act, 2009]  
 (v) corrupts or fouls the water of any canal so as to render 
it less fit for the purposes for which it is ordinarily used; 
(vi) destroys or moves any level mark made, water -gauge 
or any apparatus fixed by t he authority of a public servant or 
water users’ association; 
(vii) passes, or causes any animals or vehicles to pass on 
or across any of the works, banks or channel of a canal or field 
drain contrary to rules except for cattle ghat wherever provided 
and roads designated for such use; 
(viii) obstructs the implementation of scheduled irrigation;  
(ix) encroaches upon the canal or field drain or damages 
the canal assets or Government property; 
(x) contravenes the provisions of this Act and rules made 
thereunder; 
 shall be punishable with imprisonment which may extend to 
six months or fine which shall not be less than one thousand rupees 
but which may extend to the cost of damage or both : 
Provided that an additional fine not less than one thousand 
rupees may be imposed for a subsequent conviction of the same 
person for a like offence.    
 (2) Whenever the offence under sub section  (1) is committed 
by a company or a society every person who, at the time the offence is 
committed was in -charge of, and was respon
sible to the 
company

Excerpt shown. Open the full act in Lexace.

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