The Gujarat Water Users' Participatory Irrigation Management Act, 2007
gujarat · 2007
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1) This Act may be called the Gujarat Water Users’ Participatory Irrigation Management Act, 2007
- S. 2Section 2 defines key terms used in the Gujarat Water Users' Participatory Irrigation Management Act, 2007.
- S. 3The Competent Authority declares and may adjust the irrigable command area for minor canal service under the Gujarat Water Users' Participatory Irrigation Management Act.
- S. 4In this Chapter, unless the context otherwise requires, a “member” means a member of the Association
- S. 5Section 5 establishes Water Users’ Associations for irrigation and other water use, representing at least 51% of landholders and area.
- S. 6Section 6 establishes and incorporates the Water Users’ Association with perpetual succession and legal capacity to own property and enter contracts.
- S. 7Section 7 outlines the initial meeting and election process for the Association's President, with a six-year term.
- S. 8Section 8 outlines the procedural rules for meetings of the Association, including voting and quorum requirements.
- S. 9Section 9 allows the Association to appoint a secretary, minor canal operator, and other staff, with salaries and service conditions determined by the Association.
- S. 10Section defines "designated person" as the Committee Chairman and "entrusted minor canal" as a canal managed by an Association.
- S. 11Section 11 ensures the Competent Authority provides an assured water supply for participatory irrigation management by the Association.
- S. 12Section 12 mandates the Competent Authority to determine the Association's willingness to manage irrigation from a minor canal.
- S. 13Section 13 mandates an agreement between an Association and the State Government for participatory irrigation management.
- S. 14Section 14 mandates joint inspections of minor canals and associated water courses by the Competent Authority and the Association after an agreement is made.
- S. 15Section 15 mandates the Association to repair minor canals and water courses, with shared costs, before taking over irrigation management.
- S. 16Section 16 assigns irrigation management of repaired minor canals to the Association by a written order.
- S. 17Section 17 mandates the Association to construct water courses if none exist and outlines the scheme preparation for such construction.
- S. 18Section 18 mandates the Association to build field channels if none exist, following specific provisions from the Bombay Irrigation Act, 1879.
- S. 19Section 19 outlines the Association's duties in managing irrigation, including water demand assessment and distribution.
- S. 20The Competent Authority can inspect irrigation systems and issue directions for management.
- S. 21Section 21 allows an Association to set and collect water charges from its members for irrigation water supplied from a minor canal.
- S. 22The Association shall perform the following functions, namely:— Determination and collection of water charges by As
- S. 23Section 23 establishes the fund for the Association, allowing it to accept and spend funds for irrigation management purposes.
- S. 24Section 24 mandates the establishment of a Sinking Fund to repay loans raised by the Association for irrigation management purposes.
- S. 25The section mandates the Association to prepare and approve an annual budget and restricts expenditures to approved budget provisions unless in emergencies.
- S. 26(1) The accounts of the Association shall be prepared and maintained in such form and manner as may be prescribed
- S. 27Section 27 mandates the Association to prepare and submit annual reports detailing its past and upcoming activities to the Competent Authority.
- S. 28In this Chapter, unless the context otherwise requires, “member” means a member of the Committee
- S. 29Section 29 outlines the composition and election process for the Managing Committee of an Association under the Gujarat Water Users' Participatory Irrigation Management Act, 2007.
- S. 30The section allows the Managing Committee to include up to four non-voting members from specified persons.
- S. 31Section 31 outlines the procedure for the first meeting of the Managing Committee to elect its Chairperson.
- S. 32Term of office of a member shall be six years from the date of his election
- S. 33Section fills vacancies in member positions through election by the Association.
- S. 34Section 34 lists disqualifications for members of the Association under the Gujarat Water Users' Participatory Irrigation Management Act, 2007.
- S. 35The Competent Authority can remove a member for disqualification, misconduct, incapacity, abuse, or absence from three meetings, after a hearing.
- S. 36Section 36 outlines the meeting procedures and quorum requirements for the Committee under the Gujarat Water Users' Participatory Irrigation Management Act, 2007.
- S. 37Section 37 allows the Committee to appoint a secretary and staff with the Association's approval and set their salaries and conditions.
- S. 38Section 38 validates actions of the Committee despite vacancies or defects in its constitution or member disqualifications.
- S. 39The Committee shall perform such of the functions of the Association as are from time to time assigned to it by the Ass
- S. 40Section 40 penalizes unauthorized interference with or damage to entrusted minor canals and related infrastructure in Gujarat.
- S. 41Section penalizes unauthorized interference with entrusted minor canals and sluices with fines up to ₹5,000 for repeat offenses.
- S. 42Section 42 mandates that a convicted person must remove obstructions or repair damages, with costs levied as land revenue if they fail.
- S. 43Section 43 makes company officers liable for offenses committed by the company if they were in charge and responsible, with exceptions for due diligence.
- S. 44Section 44 allows canal overseers to arrest and detain individuals obstructing or damaging irrigation canals without a warrant.
- S. 45Section allows prosecution under other laws for acts or omissions punishable by this Act.
- S. 46Section 46 allows courts to direct fines from violations to be awarded to informants who helped detect the offense.
- S. 47Section 47 restricts court jurisdiction to hear offenses under the Act to complaints from specified authorities.
- S. 48Section allows the Association to accept a fine up to ₹5,000 to settle irrigation-related offenses, ending further legal action.
- S. 49Where, by notification under sub-section (2) of section 3, the limits of any service area has been,— Compounding of o
- S. 50Section allows the State Government to reduce water rates for Associations that pay on time, overriding older irrigation laws.
- S. 51Section 51 resolves disputes between Association members by presenting them to the Chairperson for a fair decision within 30 days.
- S. 52(1) An appeal shall lie to such officer of the State Government as it may
- S. 53Section 53 allows a State Government officer to review irrigation management decisions for legality, with a right to hearing for affected parties.
- S. 54Section 54 mandates the Association to bill and recover dues from members, treating unpaid amounts as land revenue arrears.
- S. 55Section 55 mandates the Association to follow policy directions from the State Government, with a chance to voice its views, but the final decision rests with the State Government.
- S. 56Section 56 mandates the Committee to follow policy directions from the Association but allows it to express views first.
- S. 57Section 57 protects the Competent Authority, Association, and their members from legal actions for good faith actions under the Act.
- S. 58(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this
- S. 59Section allows the Association to create regulations for its functions, subject to State Government approval.
- S. 60The section allows the State Government to issue orders to resolve difficulties in implementing the Act, but only within three years.
- S. 61The provisions of this Act shall be in addition to and not in derogation of the Bombay Irrigation Act, 1879
- S. 62Section defines "panchayat minor canal" as a minor canal managed by taluka or district panchayats for agriculture and irrigation.
- S. 63Section 63 adapts the Act's provisions for panchayat minor canals by substituting specific terms and authorities.
- S. 1879Section outlines duties of water user associations in Gujarat, including water distribution oversight, maintenance, rate collection, and compliance with the Act.