WATER USERS ASSOCIATIONS RULES
Government of the
Punjab
Agriculture Department
Dated Lahore, the 1981
NOTIFICATION
No. SO(Mech) 1-6/80. In exercise
of the powers conferred on him by section 14 of the OnFarm Water Management and
Water User’s Association Ordinance, 1981 (V of 1981), the Governor of the
Punjab is pleased to make the following rules namely:-
1.
(a) These
rules may be called the Water Users’ Associations Rules, 1981.
(b) They shall come into force at once.
2.
In these rules, unless subject or context otherwise
requires:-
(a)
“Ordinance” means the On-Farm Water Management and
Water Users
Association Ordinance 1981.
(b)
The words and expressions used but not defined in the
rules shall have the same meanings as are respectively assigned to them in the
ordinance.
3.
An Association of the irrigators of a watercourse
which is desirous of having it registered as Water Users Association under the
Ordinance shall make an application to the Field Officer of the area for
registration on a form in Annexure ‘A’, or a translation thereof in Urdu.
4.
Where an Association has fulfilled the requirements
for registration laid down in the Ordinance and the Rules the Field Officer
shall issue a certificate of registration to the association in form given in
Annexure ‘B’
5.
The Field Officer shall maintain a record of the
Applications received by him and shall also maintain a register in the form
given in Annexure ‘C’, showing particulars of the various certificates or
registration issued by him.
6.
An Association may adopt the standard bylaws given
in Chapter III but where an Association does not adopt the standard by-laws,
the by-laws framed by it shall not be inconsistent with the Ordinance or the
Rules. The question whether the by-laws of an Association are inconsistent with
the Ordinance or the Rules be decided by the Field Officer and his decision
shall be final.
7.
An Association intending to make any amendment in
its bylaws shall pass a resolution in accordance with its bye-laws and shall
send a copy thereof to the Field Officer for his approval.
8.
If the amendment in the by-laws is approved, the
same shall be registered by the Officer and the Association shall be informed
accordingly.
9.
An amendment in the by-laws shall not be effective
unless it is approved by the Field Officer.
10.
In addition to any other functions which may be
performed under its bye-laws, an Association may perform the following
functions:-
(i)
improve, rehabilitate, operate, reconstruct &
maintain the watercourses;
(ii)
improve sub-soil or surface water supply.
(iii)
install, own, operate and maintain tubewells and lift
pumps;
(iv)
upgrade and maintain farm ditches and field outlets;
(v)
encourage adoption of improved on farm water use and
management practices and other improved land and agricultural input practices;
(vi)
participate in programmes to improve watercourses, land
levelling and agronomic practices, and to lease, own, operate and maintain
equipment, structures and other matters associated with improvement efforts;
(vii)
arrange labour for emergency repair of watercourses:
and
(viii)
remove obstructions in watercourses during realignment,
operation and maintenance.
11.
(1) The Field Officer may at any time require in
writing the president of an association within his jurisdiction to call a
special meeting of the general body of the Association to consider such matter
as may be specified by him in the requisition.
(2)
Within seven days of the receipt of the requisition
under sub rule (1) the president of Association shall call the special meeting
of the general body.
12.
(1) An Association shall keep and maintain uptodate
the following books and registers;
(i)
Register of members;
(ii)
Cash Accounts Register;
(iii)
Store register;
(iv)
Minutes Book for recording the proceedings of the
general meeting;
(v)
Minutes Book for recording the proceedings of the
Managing Committee; and
(vi)
Such other registers and books as may from time to time
be required by the Field Officer.
(2)
The account register and other books of an association
shall be kept in the office of the Association.
13.
(1) The following books, registers and record in
respect of the Water Users Associations maintained in the office of the Field
Officer shall be open to inspection by any person on payment of the inspection
fee of Rs.5/-.
(i)
application for registration of Associations:
(ii)
copies of certificates or registration issued to the
Associations;
(iii)
the register of registered Association;
(iv)
bye-laws of the Associations and amendments thereof;
(v)
record relating to the order for winding up of the
affairs of an association;
(vi)
record relating to the order canceling the registration
of an
Association; and
(vii)
the store and stock registers of material issued to the
Associations
(2) Certified
copies of the record mentioned in sub-rule (1) shall be given by the Field
Officer on payment of fee as under:-
(i)
Certificate of Registration; and Rs.5.00
(ii)
other documents, at the following rates:
(a)
upto 200 words; and Rs.2.00
(b)
every additional 100 words of Rs.1.00
fraction thereof.
14.
(1) For every financial year ending 30th June, an Association
shall prepare annual accounts and balance sheet showing:-
(a)
the income and expenditure of the Association;
(b)
the receipt and consumption of materials; and
(c)
the assets and liabilities as on 30th June of that year.
(2)
The accounts and the balance sheet shall be in such
forms as may be specified by the Field Officer.
(3)
The accounts and the balance sheet shall be submitted
to the Field Officer before the 30th September following the financial year
concerned.
15.
The accounts of an Association shall be audited by
an Auditor nominated by the Field Officer. A copy of the audit note shall be
forwarded to the Association by the Field Officer for such action as may be
required by him and the Association shall comply with such direction as may be
issued to it by the Field Officer in this respect.
BY THE ORDER OF THE
GOVERNOR OF PUNJAB
( Muhammad Pervez Masud ) Secretary to Government of the
Punjab, Agri. Deptt.
No.SO (Mech) 1-6/80 Dated Lahore, the 7-10-1981.
Copy forwarded for information
and necessary action to:-
1.
The Chairman Planning & Development Board,
Government of Punjab,
Lahore.
2.
The Secretary, Government of Punjab, Board of Revenue,
Lahore.
3.
The Secretary, Government of Punjab, finance
Department, Lahore.
4.
The Director General Agriculture, (Water Management),
Punjab, Lahore.
5.
The Director (Field), Water Management Programme,
Lahore.
6.
The Superintendent Government Printing Press, Lahore
for publication in
the official gazette.
UNDER SECRETARY (MECH)
Government of the Punjab,
6
Agriculture Department
SCHEDULE/BY-LAWS
1.
Name:-
The name of the Association shall be ……………………………….…
……………………………………………………….
of outlet No.
……………………………………….. of Chak No. / Mauza ……………………………
2.
Registered
Office:. The Registered office of the Association shall be situated at Chak
No./Mauza…………………………………P.O………………………
Tehsil………………………………
District………………………………………………………………………….
3.
Objects:.
The objects of the Association shall be to reconstruct. Maintain and improve
the watercourses; to improve sub-soil or surface water supply and to improve
on-farm water management.
4.
Functions:-
For the achievement of its objects, the Association may perform the following
functions:-
(i) improve, rehabilitate, operate,
reconstruct and maintain the watercourses; (ii) improve
sub-soil or surface water supply.
(iii)
install, own, operate and maintain tubewells and lift
pumps;
(iv)
upgrade and maintain farm ditches and field outlets;
(v)
encourage adoption of improved on farm water use and
management
practices and other improved
land and agricultural input practices;
(vi)
participate in programmes to improve watercourses, land
levelling and agronomic practices, and to lease, own, operate and maintain
equipment, structures and other matters associated with improvement efforts;
(vii)
arrange labour for emergency repair of watercourses;
and
(viii)
remove obstructions in watercourses during realignment,
operation and maintenance.
5.
Membership:.
Every irrigator of a watercourse who is jointly responsible with other for
the reconstructions, maintenance and improvement of a watercourse or jointly
making use of the watercourse with others shall be eligible to be a member of
the Association;
Provided that no
person who is less than eighteen years of age or has been adjudged by a
competent court to be of unsound mind shall be eligible to be a member of the
Association.
6.
Application
or Membership:. Application for membership shall be in writing and shall be
accompanied by a membership fee of Rs.5, which shall be non-refundable and an
amount of Rs…………being the value of one share of the Association.
7.
Capital:-
The Capital shall consist of:-
(1)
membership fees;
(2)
share capital; and
(3)
grants from Government or other agencies.
8.
Termination
of Membership:- The membership shall terminate:-
(1)
on the death of a member, or
(2)
on his becoming ineligible to be member.
9.
General
Meeting:- The supreme authority of the Association shall vest in the
general body, a meeting of which shall be held at lest twice a year with an
interval of not more than six months at the registered office of the
Association. At least 15 days notice shall be given by general proclamation
specifying the date, time and place of the meeting.
10.
Special
General Body Meeting:- (1) One-third of the members of the Association may
at any time make a request in writing to the President to call a special
meeting of the general body to consider the matter specified in the
requisition.
(2) On receiving
the requisition under sub-para (1) the President shall call special meeting of
the General body within seven days of the receipt of the requisition for the
purpose.
11.
Business
which shall be transacted in a general meeting:- The following matters
shall not be decided without approval in a general meeting:-
(i)
amendment of by-laws;
(ii)
election, suspension and removal of office bearers and
members of Managing Committee;
(iii)
approval of schemes and projects or other functions to
be undertaken by the Association.
(iv)
Consideration of the audit and inspection notes; and
(v)
Consideration of all account matters and approval of
budget; and
12.
Managing
Committee:- The business of the Association shall be carried on through a
Managing Committee comprising not less than 5 and not more than 9 members
elected by the general body including following office bearers;
a.
President;
b.
Vice-President;
c.
Secretary; and
d.
Treasurer
All the members
of the Managing Committee and the office bearers shall be honorary. They shall
hold office for a period of three years.
13.
Cessation to
hold office:- An office bearer or a member of the Managing Committee shall
cease to hold office on the termination of his membership or on his not
attending three consecutive meetings without reasonable cause or on his
resigning his office.
14.
Meetings of
Managing Committee:- A meeting of the Managing Committee shall be held at
least once in a month. The quorum for such a meeting shall be half of the
Members of the Managing committee.
15.
Resignation:-
The President, Secretary or other office bearer of the Association or a member
of Managing committee may resign his office by tendering resignation in
writing.
16.
Vote of
no-confidence:- The President, Secretary or any other office bearer or
member of the Managing Committee shall vacate office if a vote of no-confidence
is passed against him by two-third majority of the total number of members of
the Association in a special general body meeting called for the purpose.
17.
President:-
The President shall preside over the meeting and exercise the following
powers:-
(i)
pass bills, vouchers, receipts due for payment by the
Association;
(ii)
supervise the maintenance or proper and uptodate
accounts and register of members;
(iii)
issue or authenticate all order in the name of the
Association.
18.
Vice-President:-
The Vice-President shall assist the President and in the absence of the
President preside over the meetings and perform such other functions as may be
entrusted to him by the President or the Association from time to time.
19.
Secretary:-
The Secretary shall work under the supervision of the President. He shall call
meetings as and when directed by the President according to the by-laws and
look after the office work of the Association. He shall maintain record of all
the meetings and keep the register of members uptodate. He shall place all
papers before the President and deal with them as directed by the President.
20.
Treasurer:-
The Treasurer shall be responsible to maintain all the registers of accounts
uptodate. He will receive all moneys for and on behalf of the Association and
give receipts. He will make payments against vouchers, bills duly passed by the
President. He will be responsible for the safer custody of the banks cheque
book, deposit and withdrawals from the bank. He will prepare and draw up the
annual balance sheet, statement of profit or loss and all other financial
statements.
21.
Money:- All
moneys received for and on behalf of the Association shall be deposited in a
scheduled bank approved by the Managing Committee. The bank account shall be
operated jointly by the President and the Treasurer.
22.
Audit:-
The accounts of the Association shall be audited once a year by an auditor
appointed by the Field Officer.
23.
Liquidation:-
The Association shall be liquidated by the order of the Field Officer in
accordance with the provisions of the Ordinance.
24.
Amendment in
by-laws:- The by-laws of the Association may be amended by means of a
resolution passed by not less than two-third of the members of the Association
at present at the general meeting called for the purpose.
AGREEMENT
This agreement made
this……………..day of……………….. between the under mentioned water users of Moga
No…….……….…………...Chak No………………………
Tehsil…………...….District…………………. hereinafter called the water
users which terms shall include their successors and assigns, the party of the
First Part, and the Governor of the Punjab acting through the Field Officer
(Water Management), Agriculture Department, Government of the Punjab
(hereinafter called the Field Officer
which term shall include his successors and assigns) the party of the Second
Part.
Witnesseth as follows:
Whereas the Water Users want the reconstruction/improvement
of their
watercourse of the Moga mentioned above to be done by the
Field Officer and the Field Officer has agreed to carry out the job entrusted
to him.
Now, therefore, the parties have entered into this agreement
on the following
terms and conditions:-
1.
The Field Officer will prepare a design of the
proposed watercourse and other incidental or allied constructions and also work
out an estimate of cost of the material that is likely to be used on the
Project. The Field Officer will provide the Water Users, free of cost,
necessary technical advice and other help that may be needed for the
reconstruction/improvement of the watercourse.
2.
The total cost of material to be used in the
Project as per approved design shall be borne initially by the Field Officer
but on the completion of the Project one-fourth or as the case may be of this
amount shall be payable by and realiseable from the Water Users. The share of
the Water Users shall be deposited by them along with the land revenue/abiana.
In the event of the failure of any water user to pay his share in the manner
and within the time specified by the Field Officer, a penalty equivalent to
five percent per annum shall be payable by the Water User till amount is fully
paid or recovered.
3.
Before the commencement of the job the Water Users
shall, within the time specified by the Field Officer, demolish the existing watercourse,
and remove in accordance with the instructions given to them by the Field
Officer all trees, shrubs, sarkandas, silt etc. that may be standing or lying
on the watercourse. The new watercourse shall then be constructed by the Water
Users in accordance with the design provided by the Field Officer or his
representative and the instructions given to them by him or his staff. After
completion of all the earthen improvement, Nakkas and culverts shall be
constructed first of all and then the earthen improvement, and then the
permissible and necessary length of lining will be carried out.
4.
The mesons and other labour required for the
Project shall be arranged and provided by the Water Users who shall also be
liable to pay their wages.
5.
Cement and Nakkas required for
construction/improvement of the watercourse, shall be transported by the Water
Users from Government stores to site of work at their own cost, while
transportation of bricks and sand upto the approachable site on the watercourse
shall be arranged by the Government. The Water Users shall be responsible for
carrying material from village stores to sites of works and to arrange the
carriage and delivery back to the Government stores, of the material that may
be left over, after the completion of the Project.
6.
The Water Users shall organize a Water Users
Association which shall be registered by the Field Officer or his
representative. The Water Users shall elect an Executive committee, as
specified in the On Farm Water Management and Water Users Association
(Amendment) Ordinance, 2001, which shall deal with the Field Officer or his
representative in the execution of the job and shall perform the following
functions:-
(a)
arrange and provide labour and to take work out of
them;
(b)
settle all matters of disputes between various Water
Users in respect of the delineation of the watercourse, fixation of Nakkas,
distribution of the quota of work etc;
(c)
to make alternate arrangement for the passage of water
during
the period the watercourse is
being reconstructed/improved;
(d)
to fix quota of work or provision of labour in
proportion to the
land holding/wara-bandi of the
various water users;
(e)
to carry out works according to standards and
specifications
under the technical supervision
of Water Management Field Staff;
(f)
to safe guard the watercourse materials supplied to
them and to keep and maintain proper record of materials received and utilized
on the watercourse construction on proper register; and
(g)
to look after and to arrange for periodic cleaning,
maintenance and repair of the watercourse after its reconstruction.
7.
The Field Officer or any of his subordinates shall
not be responsible for any damage to crops, implements or other materials nor
shall be liable for any loss or compensation to any person suffering any injury
or damage during the reconstruction/improvement of the watercourse.
8.
Any dispute or difference of opinion in this regard
that arises between the Water Users remains unresolved shall be decided by the
Field Officer and his decision shall be final. 9. The names and other particulars of the Water Users are as
follows:1.
2.
3.
4.
5.
6.
Signed
by the Field Officer
Signed
by the Water Users.
1 ……………………………………
2 ……………………………………
3 ……………………………………
4 ……………………………………
5 ……………………………………
ANNEXURE “A”
APPLICATION FOR REGISTRATION
1.
Name of the Association __________________
2.
Address of the Registered Office _______________
__________________________________________
3.
Particulars of the watercourse concerned.
__________________________________________
4.
Share capital, if any
_________________________
5.
Names of the office bearers: __________________ President ________________________
Vice-President ________________________
Secretary
_________________________
Treasurer ________________________
6.
Names of the members of __________________
the
Managing Committee __________________
__________________
__________________
__________________
__________________
|
7.
|
Total No. of members
|
__________________
|
|
8.
|
Total No. of irrigators
|
__________________
|
Signature
of President
E N C L O S U R E S
(i)
Copy of the by-laws.
13
(ii)
List of members with full particulars and signatures.
(iii)
List of all the irrigators on the watercourse.
14
ANNEXURE “B” CERTIFICATE OF REGISTRATION
Certified that
………………………………………………………………………………………….
( name of the Association with
its registered office) ………………………………………………
…………………………………………………………………………………………………………..
has been
registered as a Water Users Association under the On-Farm Water Management and
Water Users Associations Ordinance, 1981 amended on 2001.
Given under my hand and seal, this………………………………………………..
day
of…………………………………………………………………………………………………..
Field
Officer
On Farm Water Management
SEAL
ANNEXURE
‘C’
|
S.#.
|
Name of the Association
|
Registered Address
|
Particulars of the watercourse concerned
|
Share
capital. if any
|
Total No. of
members
|
Total No. of irrigators on
the
watercourse
|
Date of registration
|
No. of
Registration
Certificate issued
|
Remarks
|
|
|
|
|
|
|
|
|
|
|
|
16
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