{ "id": 16871, "slug": "gujarat-water-users-participatory-irrigation-management-act-2007", "title": "The Gujarat Water Users' Participatory Irrigation Management Act, 2007", "short_title": "The Gujarat Water Users' Participatory Irrigation Management Act, 2007", "act_number": "Gujarat Act No. 18 of 2007", "act_year": 2007, "act_type": "STATE", "location": "Gujarat", "law_status": "unknown", "enactment_date": null, "description": "The Gujarat Water Users' Participatory Irrigation Management Act, 2007", "preamble": "", "section_label": "Section", "sections": [ { "number": "1", "title": "1. Short title, extent and commencement.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 0 }, { "number": "2", "title": "2. Definitions.", "chapter": null, "content": "(1) \"Association\" means a Water Users' Association of a minor canal service area established under section 5;\n(2) \"Committee\" means a Managing Committee;\n(3) \"Competent Authority in relation to a minor canal service area\" means such officer of the State Government as it may, by notification in the Official Gazette , appoint for such service area as may be specified therein;\n(4) \"field channel\" means any channel or pipe (not being a water course) beyond an outlet or, as the case may be, a turn out constructed by the State Government to supply water from a water course or an outlet and maintained by the holder of land either by himself or jointly with other holders of lands or constructed and maintained by the holder of land by himself or jointly with other holders of lands to obtain water from a water course or an outlet, and includes all subsidiary works connected with any such channel or pipe;\n(5) \"holder of land\" or \"land holder\" means a person who is lawfully in possession of such land, whether such possession is actual or not;\n(6) \"irrigable command area of a minor canal\" means such area of land as is irrigated or is capable of being irrigated from the minor canal, being under its command and includes-\n(a) such area of cultivated land which, in the opinion of a Competent Authority, receives by percolation or otherwise from a minor canal an advantage beneficial to crop in such land and\n(b) hydraulically managed irrigated area or an area capable of being irrigated either by gravitational flow or by lift irrigation;\n(7) \"minor canal service area\" means the area determined as a minor canal service area by the Competent Authority under sub-section (1) of section 3;\n(8) \"Managing Committee\" means a Managing Committee of an Association constituted under section 29;\n(9) \"outlet\" means an opening which is constructed by the State Government in a minor canal through which water is delivered into a water course or a field channel;\n(10) \"prescribed\" means prescribed by rules made under this Act;\n(11) \"rotational water supply system\" means the system of allocation and distribution of water to land in a service area equitably, in such proportion as the area of culturable command of such land bears to the total area of culturable command of a service area, according to the schedule for supply of water specifying among other things the day, turn, time and duration of such supply of water;\n(12) \"service area\" means the minor canal service area;\n(13) \"turn out\" means an opening which is constructed in a water course through which water is delivered into a field channel;\n(14) \"water course\" means a channel constructed and maintained by any Government to supply water from an outlet;\n(15) \"year\" means the financial year commencing on and from the 1st April of one year and ending on the 31st March of the next year.\n(16) other words and expressions used but not defined in this Act shall have the meanings respectively assigned to them in the Bombay Irrigation Act, 1879 (Bombay VII of 1879).", "footnote": "", "is_definition": true, "sort_order": 1 }, { "number": "3", "title": "3. Declaration of minor canal service area.", "chapter": null, "content": "(a) increase the limits of the service area,\n(b) decrease the limits of the service area, or\n(c) alter the boundaries of the service area.\nChapter II\nEstablishment of Water Users' Association", "footnote": "", "is_definition": false, "sort_order": 2 }, { "number": "4", "title": "4. Definition.", "chapter": null, "content": "", "footnote": "", "is_definition": true, "sort_order": 3 }, { "number": "5", "title": "5. Establishment of Water Users' Association.", "chapter": null, "content": "(1) holders of land in such area using the water for the purpose of irrigation, and\n(2) persons residing or carrying on business in such area using water made available to them from the minor canal through sub-minor, field channel, water courses or pipe lines for irrigation or other purposes, if the Association represents fifty one per cent of the holders of land in the service area and the aggregate area of land held by such holders of land is not less than fifty one per cent of the service area.", "footnote": "", "is_definition": false, "sort_order": 4 }, { "number": "6", "title": "6. Incorporation of Water Users' Association.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 5 }, { "number": "7", "title": "7. Election of President at first meeting of Association.", "chapter": null, "content": "(b) The meeting shall be held on such date within four weeks from the date of the formation of the Association as may be fixed by the Competent Authority and shall be presided over by the Competent Authority who shall have such powers and follow such procedure as he deems fit but shall not have right to vote.", "footnote": "", "is_definition": false, "sort_order": 6 }, { "number": "8", "title": "8. Meetings of Association.", "chapter": null, "content": "(b) The quorum of the meetings of the Association shall not be less than one-third of its members:", "footnote": "", "is_definition": false, "sort_order": 7 }, { "number": "9", "title": "9. Officers and employees of Association.", "chapter": null, "content": "(i) a secretary,\n(ii) a minor canal operator, and\n(iii) such other officers and employees as may be determined by it.\nChapter III\nParticipatory Irrigation Management and Other Functions of Association", "footnote": "", "is_definition": false, "sort_order": 8 }, { "number": "10", "title": "10. Definitions.", "chapter": null, "content": "(a) \"designated person\" means the Chairman of the Committee,\n(b) \"entrusted minor canal\" means the minor canal the irrigation management of which is entrusted to an Association under sub-section (1) of section 16.", "footnote": "", "is_definition": true, "sort_order": 9 }, { "number": "11", "title": "11. Competent Authority to provide assured supply of water.", "chapter": null, "content": "(a) there is a measuring device at the minor canal and\n(b) the minor canal is operated in accordance with a programme for supply of water for each season prepared by the Competent Authority in consultation with the designated person.", "footnote": "", "is_definition": false, "sort_order": 10 }, { "number": "12", "title": "12. Ascertainment of willingness of Association to undertake irrigation management.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 11 }, { "number": "13", "title": "13. Willing Association to enter into an agreement.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 12 }, { "number": "14", "title": "14. Joint inspection of minor canal.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 13 }, { "number": "15", "title": "15. Repairs to canal.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 14 }, { "number": "16", "title": "16. Entrustment of irrigation management to Association.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 15 }, { "number": "17", "title": "17. Construction of water courses by Association.", "chapter": null, "content": "(a) for the words \"field channel\" wherever they occur, the words \"water course\" had been substituted;\n(b) in clause (vi) of sub-section (2) of section 20A, for the words \"the canal to this land\" appearing at the end, the words \"from the outlet of the entrusted minor canal\" had been substituted,\n(c) for the words \"the authorised canal officer\" or \"canal officer\", wherever they occur, the words \"Competent Authority\" had been substituted.", "footnote": "", "is_definition": false, "sort_order": 16 }, { "number": "18", "title": "18. Construction of field channels by Association.", "chapter": null, "content": "(a) for the words \"the authorised canal officer\" or \"canal officer\", wherever they occur, the words \"Competent Authority\" had been substituted,\n(b) in clause (vi) of sub-section (2) of section 20A, for the words \"the canal to this land\" appearing at the end, the words \"from the entrusted minor canal to this land\" had been substituted.", "footnote": "", "is_definition": false, "sort_order": 17 }, { "number": "19", "title": "19. Functions of Association.", "chapter": null, "content": "(a) to ascertain the demand of water of each holder of land in the service area;\n(b) to measure and receive the quantity of water at the measuring device and to ensure proper apportionment and distribution of the water so received to all holders of land in the service area and for that purpose; to prepare rotational water supply system and implement it;\n(c) to inquire into complaints regarding distribution of water and to take immediate action to remedy them;\n(d) to take steps to prevent unauthorised use of water or waste of water or damage to the entrusted minor canal;\n(e) to carry out normal maintenance and repairs of the entrusted minor canal in accordance with the terms and conditions of the agreement entered into under section 13,\n(f) to pay the water rates levied under section 44 of the Bombay Irrigation Act, 1879 (Bombay VII of 1879) or the occasional water charges levied under section 45 of the said Act to the State Government on or before the due dates for their payment,\n(g) for the purpose of payment of water rates under clause (f), to determine the water rates or, as the case may be, the occasional water rates payable by the land holders and collect water rates or, as the case may be, the occasional water charges, so determined from the land holders;\n(h) to maintain proper accounts of water received and distributed, and of money and materials received and used;\n(i) to carry out other duties and functions imposed upon the Association by or under this Act and to act according to the terms and conditions of the agreement entered into under section 13;\n(j) to refrain from doing anything which is contrary to the Act or the rules made thereunder and the terms and conditions of the agreement entered into under section 13.", "footnote": "", "is_definition": false, "sort_order": 18 }, { "number": "20", "title": "20. Power of Competent Authority to inspect and give directions.", "chapter": null, "content": "(a) the water distribution by the Association in the service area of the entrusted minor canal, and\n(b) the records maintained by the Association in relation to such water distribution.\n(a) where, on inspection under sub-section (1), the Competent Authority is of the opinion that-\n(i) the water distribution is faulty or\n(ii) the records are not maintained or are maintained but not properly, or\n(b) to ensure compliance by the Association of the provisions of this Act and the rules made thereunder or of the terms and conditions of the agreement entered into by the Association with the State Government.", "footnote": "", "is_definition": false, "sort_order": 19 }, { "number": "21", "title": "21. Determination and collection of water charges by Association.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 20 }, { "number": "22", "title": "22. Other functions of Association.", "chapter": null, "content": "(1) to receive applications for use of water for irrigation from its members accompanied by such fees as may be determined by the Association,\n(2) to register its members,\n(3) to collect such fees, as are determined by it, from its members,\n(4) to permit supply of water for irrigation to its members,\n(5) to regulate use of water,\n(6) to promote economy in the use of water,\n(7) to encourage members to adopt water saving devices or techniques such as drip, sprinklers and to recommend to the State Government remission of water rates, payable by members who adopt water saving devices and the State Government may, after verification, grant remission subject to such principles as may be prescribed;\n(8) to collect water rates levied under section 44 or 45 of the Bombay Irrigation Act, 1879 from its members,\n(9) to collect such water charges from members for use of water for purposes other than irrigation as may be determined by the Competent Authority with the previous approval of the State Government,\n(10) to make payment to the State Government of water rates collected from its members after deducting thereupon such percentage of cost of collection as may be prescribed,\n(11) to prepare plan for maintenance of the entrusted minor canal and for construction and maintenance of water courses and field channels and all other works related to the entrusted minor canal, water courses and field channels,\n(12) to collect from its members expenses incurred by it in carrying out normal maintenance and repairs of the entrusted minor canal,\n(13) to maintain such record as may be prescribed,\n(14) to perform such other functions as are laid down by or under this Act.\nChapter IV\nFinance, Accounts, Audit and Reports of Association", "footnote": "", "is_definition": false, "sort_order": 21 }, { "number": "23", "title": "23. Fund of Association.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 22 }, { "number": "24", "title": "24. Sinking Fund.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 23 }, { "number": "25", "title": "25. Budget.", "chapter": null, "content": "(b) The Association shall, as soon as may be after the said date, consider the budget estimate so prepared and approve the same subject to such modification as it may make.", "footnote": "", "is_definition": false, "sort_order": 24 }, { "number": "26", "title": "26. Accounts and audit.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 25 }, { "number": "27", "title": "27. Annual report.", "chapter": null, "content": "Chapter V\nConstitution of Managing Committee", "footnote": "", "is_definition": false, "sort_order": 26 }, { "number": "28", "title": "28. Definition.", "chapter": null, "content": "", "footnote": "", "is_definition": true, "sort_order": 27 }, { "number": "29", "title": "29. Constitution of Managing Committee.", "chapter": null, "content": "(a) a Chairperson and such number of other members not exceeding eleven as may be determined by the Competent Authority having regard to the number of members of the Association falling under clause (1) of section 5, and\n(b) an officer not below the rank of Additional Assistant Engineer of a division in which the minor canal exists, as may be nominated by an Executive Engineer of such division, ex-officio ,\n(c) the member referred to in clause (b) shall have the right to speak or otherwise take part in the proceedings of a meeting of the Committee, but shall not be entitled to vote.", "footnote": "", "is_definition": false, "sort_order": 28 }, { "number": "30", "title": "30. Co-option of members.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 29 }, { "number": "31", "title": "31. Election of Chairperson.", "chapter": null, "content": "(b) The meeting shall beheld on such date within four weeks from the date on which the Managing Committee is constituted, as may be fixed by the Competent Authority, and shall be presided over by the Competent Authority who shall have such powers and follow such procedure as he deems fit but shall not have the right to vote.", "footnote": "", "is_definition": false, "sort_order": 30 }, { "number": "32", "title": "32. Term of office of members.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 31 }, { "number": "33", "title": "33. Filling of vacancy.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 32 }, { "number": "34", "title": "34. Disqualifications.", "chapter": null, "content": "(a) is an officer or employee of the Government or of a local authority or of any institution receiving grant in aid from the Government;\n(b) is, or at any time, adjudged an insolvent or has suspended payment of his debts or has compounded it with his creditors;\n(c) is of unsound mind and stands so declared by a competent court;\n(d) is or has been convicted of any offence which, in the opinion of the Competent Authority, involves moral turpitude;\n(e) fails to pay any arrears of land revenue or water rates payable to the State Government or charges payable to the Association within' the period provided for such payment;\n(f) has, directly or indirectly, interest in any contract by or on behalf of the Association, a gram panchayat, a taluka panchayat or district panchayat or State or Central Government;\n(g) ceases to be a holder of land in the service area;", "footnote": "", "is_definition": false, "sort_order": 33 }, { "number": "35", "title": "35. Removal or resignation of a member.", "chapter": null, "content": "(a) is or has become subject to any of the disqualifications mentioned in section 34\n(b) has been guilty of misconduct in discharge of his duties,\n(c) has become physically or mentally incapable of discharging his duties as a member,\n(d) has so abused his position as to render his continuance in office prejudicial to the public interest, or\n(e) has, without reasonable cause, refused or failed to attend three consecutive meetings of the Committee;", "footnote": "", "is_definition": false, "sort_order": 34 }, { "number": "36", "title": "36. Meetings of Committee.", "chapter": null, "content": "(b) The quorum of the meetings of the Committee shall not be less than three members.", "footnote": "", "is_definition": false, "sort_order": 35 }, { "number": "37", "title": "37. Officers and employees of Committee.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 36 }, { "number": "38", "title": "38. Acts and proceedings presumed to be valid.", "chapter": null, "content": "Chapter VI\nFunctions of Committee", "footnote": "", "is_definition": false, "sort_order": 37 }, { "number": "39", "title": "39. Performance of functions.", "chapter": null, "content": "Chapter VII\nOffences and Penalties", "footnote": "", "is_definition": false, "sort_order": 38 }, { "number": "40", "title": "40. Penalty for damaging minor canal, etc.", "chapter": null, "content": "(a) damages, alters, enlarges or obstructs, entrusted minor canal;\n(b) interferes with or increases of diminishes the supply of water in, or the flow of water from through, over or under any entrusted minor canal, or, by any means, raises or lowers the level of the water in such canal;\n(c) pollutes or fouls the water of entrusted minor canal so as to render it less fit for the purposes for which it is ordinarily used;\n(d) destroys, defaces or removes any land or level mark or water gauge fixed by the authority of a public servant;\n(e) destroys, tampers with, or removes any apparatus or part of any apparatus for controlling, regulating or measuring the flow of water in an entrusted minor canal;\n(f) passes or causes animals or vehicles to pass, in or across any of the works, banks or channels of an entrusted minor canal contrary to regulations made under section 59;\n(g) causes or knowingly and wilfully permits cattle to graze upon any entrusted minor canal or flood embankment, or tethers or causes or knowingly and wilfully permits cattle to be tethered, upon any such entrusted minor canal or embankment, or removes., cuts or in any way injures, or causes to be removed, cut or otherwise injured, any tree, bush, grass or hedge intended for the protection of such entrusted minor canal or embankment;\n(h) violates any rule made under section 58 for breach whereof, the State Government may, in such rules, direct that a penalty shall be incurred;\n(i) being responsible for the maintenance of a field channel, or using a field channel, neglects to take proper precautions for the prevention of waste of the water thereof, or interferes with the authorised distribution of the water therefrom, or uses such water in an unauthorised manner;", "footnote": "", "is_definition": false, "sort_order": 39 }, { "number": "41", "title": "41. For endangering stability of minor canal, etc.", "chapter": null, "content": "(a) pierces or cuts through or attempts to pierce or cut through or otherwise to damage, destroy or endanger the stability of any entrusted minor canal;\n(b) opens, shuts or obstructs, or attempts to open, shut or obstruct any sluice in any entrusted minor canal;\n(c) makes any dam or obstruction for the purpose of diverting or opposing the current of a river or an entrusted minor canal on the bank whereby there is a flood embankment, or refuses or neglects to remove any such dam or obstruction when lawfully required so to do;", "footnote": "", "is_definition": false, "sort_order": 40 }, { "number": "42", "title": "42. Obstruction to be removed and damage repaired.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 41 }, { "number": "43", "title": "43. Offences by companies.", "chapter": null, "content": "(a) \"company\" means a body corporate and includes a firm or other association of individuals and\n(b) \"director in relation to firm\" means a partner in the firm.", "footnote": "", "is_definition": false, "sort_order": 42 }, { "number": "44", "title": "44. Persons employed on entrusted minor canal may take offenders into custody.", "chapter": null, "content": "(a) wilfully damages, obstructs or fouls any entrusted minor canal; or\n(b) without proper authority interferes with the supply or flow of water, in or from any entrusted minor canal, or in any river, or stream so as to endanger, damage or render less useful any entrusted minor canal.", "footnote": "", "is_definition": false, "sort_order": 43 }, { "number": "45", "title": "45. Saving of prosecution of prosecution under other laws.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 44 }, { "number": "46", "title": "46. Payment of fine as award to informant.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 45 }, { "number": "47", "title": "47. Cognizance of offences.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 46 }, { "number": "48", "title": "48. Compounding offences.", "chapter": null, "content": "Chapter VIII\nMiscellaneous", "footnote": "", "is_definition": false, "sort_order": 47 }, { "number": "49", "title": "49. Consequences of alteration of limits of service area.", "chapter": null, "content": "(i) increased or\n(ii) decreased,\n(a) in a case falling under clause (i), require the Association to include holders of land in the service area so increased as its members and to elect a holder of land in that area as a member of the Committee,\n(b) in the case falling under clause (ii),-\n(i) require the Association to exclude its member who are holders of land in the service area so decreased and\n(ii) removal of members of the Committee representing the area so decreased.", "footnote": "", "is_definition": false, "sort_order": 48 }, { "number": "50", "title": "50. Power to reduce water rates.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 49 }, { "number": "51", "title": "51. Settlement of disputes.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 50 }, { "number": "52", "title": "52. Appeal.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 51 }, { "number": "53", "title": "53. Revision.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 52 }, { "number": "54", "title": "54. Recovery of dues.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 53 }, { "number": "55", "title": "55. State Government to directions of Association.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 54 }, { "number": "56", "title": "56. Power of Association to issue directions.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 55 }, { "number": "57", "title": "57. Protection of action taken in good faith.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 56 }, { "number": "58", "title": "58. Power of the State Government to make rules.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 57 }, { "number": "59", "title": "59. Power of Association make regulations.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 58 }, { "number": "60", "title": "60. Power to remove difficulty.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 59 }, { "number": "61", "title": "61. Savings.", "chapter": null, "content": "Chapter IX\nPanchayat Minor Canal", "footnote": "", "is_definition": false, "sort_order": 60 }, { "number": "62", "title": "62. Definition.", "chapter": null, "content": "(a) a taluka panchayat in the exercise of its functions in the sphere of agriculture and irrigation as described in Schedule II to the Gujarat Panchayats Act, 1993,\n(b) a district panchayat in the exercise of its functions in the sphere of a minor irrigation project as described in Schedule III to the said Act.", "footnote": "", "is_definition": true, "sort_order": 61 }, { "number": "63", "title": "63. Application of Act to panchayat minor canal.", "chapter": null, "content": "(1) for the words \"minor canal\" wherever they occur, the words \"panchayat minor canal\" had been substituted;\n(2) in clause (3) of section 2 for the words \"such officer of the State Government\", the words \"such officer of the Taluka Panchayat or, as the case may be, the District Panchayat\" had been substituted;\n(3) in Chapter III, for the words \"the State Government\" wherever they occur, the words \"taluka panchayat in relation to the taluka panchayat minor canal or, as the case may be, the district panchayat in relation to the district panchayat minor canal\" had been substituted.", "footnote": "", "is_definition": false, "sort_order": 62 } ], "metadata": { "Act ID": "guj224", "Act Number": "Gujarat Act No. 18 of 2007", "Enactment Date": "", "Act Year": "2007", "Short Title": "The Gujarat Water Users' Participatory Irrigation Management Act, 2007", "Type": "STATE", "Location": "Gujarat" }, "updated_at": "2026-09-29 21:52:50" }