Uttar Pradesh Participatory… Bare Act

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

Type	Rules
Year	2009
Jurisdiction	State of Uttar Pradesh
Status	In force as published by the source
Text	Published as one document, as the source published it
Subjects	agriculture

74 UTTAR PRADESH SHASAN SINCHAI ANUBHAG - 4 In pursuance of the provisions of clause (3) of Article 348 of the Constitution of India, the Governor is pleased to order to publication of the following English translation of notification no. 1758/X-27-Si-4-17(W)/96- T.C.I Dated March 30, 2010.

1758/X-27-Si-4-17(W)/96-T.C.I Dated March 30, 2010 In exercise of the powers under section 51 of the Uttar Pradesh Participatory Irrigation Management Act, 2009 (UP Act no. 4 of 2009), the Governor is pleased to make the following rules:— The Uttar Pradesh Participatory Irrigation Management Rules, 2010 Short title and commenceme nt

1.(1) These rules may be called Uttar Pradesh Participatory Irrigation Management Rules , 2010.

(2) They shall come into force with effect from the date of their publication in the Gazette.

Definitions 2. (1) In these rules, unless the context otherwise requires,- a. “Act” means the Uttar Pradesh Participatory Irrigation Management Act, 2009;

b. “Annexure” means an Annexure appended to these rules;

c. “Assistant Engineer” means an Assistant Engineer of Irrigation Department;

d. “Chairperson” means the Chairperson of a water users’ association;

e. “Chief Engineer Level-1” means the Chief Engineer Level-1 of Irrigation Department;

f. “Chief Engineer Level-2” means the Chief Engineer Level-2 of Irrigation Department;

g. “Director Participatory Irrigation Management ” means the Chief Engineer Level-1 of Irrigation Department;

h. “Deputy Revenue Officer” means a Deputy Revenue Officer of Irrigation Department;

i. “Engineer- in- Chief” means the Engineer -in –Chief of Irrigation Department;

j. “Executive Engineer” means the Executive Engineer of Irrigation Department;

k. “Form” means a Form appended to these rules;

l. “Federated alpika samiti” means an alpika samiti constituted with a cluster of kulaba samiti formed at directly offtaking kulabas from a distributary or branch by treating the portion of distributary or branch in which cluster of kulabas are connected as an alpika;

m. “Federated rajwaha samiti” means a rajwaha samiti constituted with a cluster of alpika samiti formed at directly offtaking alpika from branch by treating the portion of branch in which cluster of alpikas are connected as a rajwaha;

n. “Jiledar” means a Jiledar of Irrigation Department;

o. “Junior Engineer” means a Junior Engineer of Irrigation Department;

p. “Other Department” means department of Government of Uttar Pradesh other than Irrigation Department;

q. “Sajara” means a map showing command boundary, plot numbers, plot boundary, village boundary with other details;

mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 75 r. “Schedule” means a Schedule appended to these rules;

s. “Seenchpal” means a Seenchpal of Irrigation Department;

t. “Seench Pervekshak” means a Seench Parvekshah of Irrigation Department;

u. “Secretary” means the Secretary of a water users’ association;

v. “Superintending Engineer” means the Superintending Engineer of Irrigation Department;

w. “Treasurer” means the Treasurer of a water users’ association;

x. “Warbandi” means allotment of time, duration and day of a week of water distribution.

(2) Words and expressions used in these rules and not defined shall have the same meaning respectively assigned to them in the Act.

3. (1) The water users’ association of appropriate level shall be constituted in the manner that,-

(i) a contiguous area whether irrigated or capable of being irrigated by a canal either by gravity flow or by lift or by any other method within prescribed area of operation;

(ii) the command area of different canals shall be distinct and shall not overlap one another.

(2) The notification under sub-section (1) shall besides a certified copy of updated sajara map of area of operation consist of any other documents required by competent canal officer.

(3) On demand by any interested land-holder, the copies shall be made available to him on payment of such amount as may be determined by the Chief Engineer level-2 of such command.

4. Only such members of the general body of a kulaba samiti shall have voting right who,-

(i) is eligible to get water from that kulaba;

(ii) is a land holder in that command;

(iii) is not of unsound mind ;

(iv) is not disqualified from voting under the provisions of any law;

(i) has attained the age of 18 years on the day of first January of the year in which the electoral roll is prepared or revised.

5. (1) A kulaba command shall be divided in six sub-commands having approximately equal number of land holders.

(2) Members of each sub-command refer to sub-rule(1) shall directly elect one representative from amongst the land holders of the sub-command in accordance with the procedure given in annexure-C.

(3) In case, a land holder using water in different sub-commands of kulaba, he/she shall be eligible for contesting an election from only one sub-command of kulaba.

(4) A member of the managing committee of a kulaba samiti shall hold office as such for a period of six years from the date of constitution or reconstitution of the managing committee.

Delineation of area of operation of water users’ association [Section 6(1)] Voting right [Section 7(2) ] Manner of election of Managing Committee of a kulaba samiti [Section 8(1) and 8(2)] mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 76 Office bearers of the managing committee of a kulaba samiti [Section 8(3)]

6. (1) The Chairperson and the Secretary of the managing committee of a kulaba samiti shall be elected from amongst its elected members for a period of 2 years in its first meeting. The meeting shall be presided over by the competent canal officer.

(2) Office bearers of the managing committee of a kulaba samiti shall be eligible for reelection for another two terms.

(3) If an office bearer of a kulaba samti ceases to be the office bearer of that samiti, the vacant post shall be filled by electing an office bearer under sub-rule(1).

Managing committee of an alpika samiti and its election [Section 10] Office Bearers of the managing committee of an alpika samiti [Section 10]

7. (1) For the purpose of election of members of the managing committee of an alpika samiti, the alpika shall be divided into three reaches namely the head reach, the middle reach and the tail reach. The reach of an alpika shall be determined on the basis of distribution of kulaba as mentioned in the SCHEDULE I. the number of members of the managing committee of an alpika samiti from a reach shall be such as mentioned in the

SCHEDULE I.

(2) Members of the managing committee of kulaba samitis constituted on kulabas connected with a reach of an alpika shall be members of that reach of alpika.

(3) Members of a reach of an alpika shall elect directly such number of members of the managing committee from amongst the members for that reach as mentioned in the

SCHEDULE I in accordance with the procedure given in annexure-C.

(4) If there is no representation of persons belonging to the Scheduled Castes or Scheduled Tribes or of women or panchayats of appropriate level i.e. village panchayat situated at the tail end of alpika, in the managing committee, then one person against each unrepresented category shall be co-opted by the managing committee from amongst the members of the general body or panchayats of appropriate level i.e. village panchayat situated at the tail end of alpika as the case may be.

(5) In case an alpika comprising not more than two kulaba, the members of the managing committee of a kulaba samiti shall elect three members from amongst themselves.

(6) In case an alpika comprising more than fifty-one kulaba, head, middle and tail reach shall be determined in the manner mentioned in the SCHEDULE I. The number of members of the managing committee in such alpika shall be 14 of which four members from head reach, five members from middle reach and five members from tail reach of alpika.

(7) A member of the managing committee of an alpika samiti shall hold office as such for a period of six years from the date of constitution or reconstitution of the managing committee of an alpika samiti.

8. (1) The Chairperson, the Secretary and the Treasurer of the managing committee of an alpika samiti shall in its first meeting elect from amongst its elected members for a period of 2 years. The first meeting shall be presided over by the competent canal officer.

(2) Office bearers of the managing committee of an alpika samiti shall be eligible for reelection for another two terms.

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(3) No person shall hold more than one post of office bearers in the managing committee of an alpika samiti.

(4) If an office bearer of the managing committee of an alpika samiti shall be elected as office bearer of an upper level samiti, he shall cease to be an office bearer of that alpika samiti.

(5) If an office bearer of an alpika samti ceases to be the office bearer of that samiti, the vacant post shall be filled by electing an office bearer under sub-rule(1).

9. (1) For the purpose of election of members of the managing committee of a rajwaha samiti, the rajwaha shall be divided into three reaches namely the head reach, the middle reach and tail reach. The reach of a rajwaha shall be determined on the basis of distribution of alpika as mentioned in the SCHEDULE II. The number of members of the managing committee of a rajwaha samiti from a reach shall be such as mentioned in the SCHEDULE II.

(2) Members of the managing committee of alpika samitis and federated alpika samitis lying in a reach of rajwaha shall be the members of that reach of rajwaha.

(3) Members of a reach of a rajwaha shall elect directly such number of members of the managing committee from amongst themselves for that reach as mentioned in the SCHEDULE II in accordance with the procedure given in annexure-C.

(4) If there is no representation of persons belonging to the Scheduled Castes or Scheduled Tribes or of women or panchayats of appropriate level i.e. kshetra panchayat situated at the tail end of rajwaha, in the managing committee, then one person against each unrepresented category shall be co-opted by the managing committee from amongst the members of the general body or panchayats of appropriate level i.e. kshetra panchayat situated at the tail end of rajwaha as the case may be.

(5) In case the number of direct offtaking kulaba is upto five in a reach of a rajwaha, the competent canal officer shall constitute a managing committee comprising of maximum five kulaba as the managing committee of federated alpika samiti. In doing so he shall treat such reach of rajwaha as an alpika The managing committee of such federated alpika samiti shall be constituted under rule 7.

(6) In case the number of direct off taking kulaba exceeds five in a reach of rajwaha, the competent canal officer shall constitute a managing committee comprising number of kulaba not below five and not exceeding ten as a the managing committee of federated alpika samiti.

In doing so he shall treat such reach of rajwaha as an alpika. The managing committee of such federated alpika samiti shall be constituted under rule 7.

(7) In case a rajwaha comprising not more than two alpika, the managing committee of a federated alpika samiti as well as rajwaha samiti shall be constituted in the following manner,-

(i) the managing committee of a federated alpika samiti shall be constituted with direct off taking kulabas of a rajwaha not below five and not exceeding ten. The managing committee of such federated alpika samiti shall be constituted under rule 7 by treating the portion of rajwaha in which such kulabas are connected as an alpika;

(ii) for the purpose of constitution of managing committee of rajwaha samiti, head, middle and tail reaches of such rajwaha shall be determined in the manner as mentioned in

SCHEDULE II by treating federated alpika samiti as an alpika samiti.

Managing committee of rajwaha samiti and its election (Section 10) mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 78 Office bearers of the managing committee of rajwaha samiti (Section 10)

(8) In case a rajwaha comprising more than fifty-one alpika, head, middle and tail reach shall be determined in the manner as mentioned in SCHEDULE II. The number of members of the managing committee in such rajwaha shall be 14 of which four members shall be from head reach, five members from middle reach and five members from tail reach of rajwaha.

(9) A member of the managing committee of a rajwaha samiti shall hold office for a period of six years from the date of constitution or reconstitution of the managing committee of a rajwaha samiti.

10. (1) The Chairperson, the Secretary and the Treasurer of the managing committee of a rajwaha samiti shall in its first meeting elect from amongst its elected members for a period of 2 years. The first meeting shall be presided over by the competent canal officer.

(2) Office bearers of the managing committee of a rajwaha samiti is eligible for re-election for another two terms.

(3) No person shall hold more than one post of office bearers in the managing committee of a rajwaha samiti.

(4) If an office bearer of the managing committee of a rajwaha samiti shall be elected as office bearer of an upper level samiti, he shall cease to be an office bearer of the rajwaha samiti.

(5) If an office bearer of a rajwaha samti ceases to be the office bearer of that samiti, the vacant post shall be filled by electing an office bearer under sub-rule(1).

Members of managing committee of Shakha samiti and its election (Section 10)

11. (1) For the purpose of election of members of the managing committee of a shakha samiti, the shakha shall be divided into reaches namely the head reach, the middle reach and tail reach.

The reach of a shakha shall be determined on the basis of distribution of rajwaha as mentioned in the SCHEDULE III. The number of members of the managing committee of shakha samiti from a reach shall be such as mentioned in the SCHEDULE III.

(2) Members of the managing committee of a rajwaha samiti, federated rajwaha samiti and federated alpika samiti lying in a reach of a shakha shall be the members of that reach of shakha.

(3) Members of a reach of a shakha shall elect directly such number of members of the managing committee from amongst themselves for that reach as mentioned in the

SCHEDULE III in accordance with the procedure given in annexure-C.

(4) If there is no representation of persons belonging to the Scheduled Castes or Scheduled Tribes or of women or panchayats of appropriate level i.e. Jila panchayat situated at the tail end of shakha, in the managing committee, then one person against each unrepresented category shall be co-opted by the managing committee from amongst the members of the general body or panchayats of appropriate level i.e. Jila panchayat situated at the tail end of shakha as the case may be.

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(5) In case number of direct offtaking alpika is upto five in a reach of a shakha, the competent canal officer shall constitute a managing committee comprising maximum five alpikas as the managing committee of federated rajwaha samiti. In doing so he shall treat such reach of shakha as a rajwaha. The managing committee of such a federated rajwaha samiti shall be constituted under rule 9.

(6) In case number of direct offtaking alpika exceeds five in a reach of a branch, the competent canal officer shall constitute a managing committee comprising of such number of alpika not below five and not exceeding ten as the managing committee of federated rajwaha samiti. In doing so he shall treat such reach of shakha as a rajwaha. The managing committee of such a federated rajwaha samiti shall be constituted under rule 9.

(7) In case number of direct offtaking kulaba is upto five in a reach of a shakha, the competent canal officer shall constitute a managing committee comprising maximum five kulabas as the managing committee of a federated alpika samiti. In doing so he shall treat such reach of shakha as an alpika. The managing committee of such a federated alpika samiti shall be constituted under rule 7.

(8) In case number of direct offtaking kulaba exceeds five in a reach of a shakha, the competent canal officer shall constitute a managing committee comprising number of kulaba not below five and not exceeding ten as the managing committee of a federated alpika samiti.

In doing so he shall treat such reach of shakha as an alpika The managing committee of a federated alpika samiti shall be constituted under rule 7.

(9) In case a shakha comprising not more than two rajwaha, the members of the managing committee of a rajwaha samiti, federated rajwaha samiti comprising maximum 10 alpikas of shakha and federated alpika samiti comprising maximum 10 kulabas of shakha shall elect three members of that shakha samiti from amongst themselves.

(10) In case a shakha comprising more than ten rajwaha, head, middle and tail reach shall be determined in the manner as mentioned in SCHEDULE III. The number of members of the managing committee of such rajabaha shall be 8 of which two members shall be from head reach, three members from middle reach and three members from tail reach of the shakha.

(11) A member of the managing committee of a shakha samiti shall hold office for a period of six years from the date of constitution or reconstitution of the managing committee of shakha samiti.

12.(1) The Chairperson, the Secretary and the Treasurer of the managing committee of a shakha samiti shall in its first meeting elect from amongst its elected members for a period of 2 years. The first meeting shall be presided over by the competent canal officer.

(2) Office bearers of the managing committee of a shakha samiti shall be eligible for reelection for another two terms.

(3) No person shall hold more than one post of office bearers in the managing committee of a shakha samiti.

Office bearers of the managing committee of a shakha samiti (Section 10) mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 80 Constitution Pariyojana Samiti (Section 11)

13. The Chairperson and the Member Secretary of pariyojana samiti shall be selected in the manner as given hereunder,-

(a) Where there is only two members in a pariyojana samiti, one member shall be the Chairperson and other member shall be the Member Secretary of that pariyojana samiti. The members shall decide after consultation amongst themselves who will be the Chairperson and Member Secretary of the samiti.

(b) Where a pariyojana samiti consists of more than two members, the Chairperson and the Member Secretary shall be selected in the following manner:-

(i) the competent canal officer shall call a meeting of the members of the pariyojana samiti;

(ii) all the members of the pariyojana samiti shall select a member as the Chairpersons and a Member Secretary of the pariyojana samiti from amongst themselves by consensus or majority. Such meeting shall be presided over by the competent canal officer.

(c) The Chairperson and the Member Secretary shall hold office as such for a period of six years from the date of constitution or reconstitution of the pariyojana samiti.

Constitution sheersha samiti (Section 24)

14. The sheersha samiti at the state level shall consist of the following members namely:-

(i) the Minister of Irrigation Department of Uttar Pradesh Chairperson

(ii) the Principal Secretary of Government of Uttar Pradesh in Irrigation Department Member

(iii) the Principal Secretary of Government Member of Uttar Pradesh in Finance Department

(iv) the Commissioner of Government of Member Uttar Pradesh in Rural Development Department

(v) the Commissioner of Government of Member Uttar Pradesh in Command Area Development Authority

(vi) the Secretary of Government of Uttar Pradesh in Member Ground Water Department

(vii) the Engineer-in-Chief of Government Member of Uttar Pradesh in Irrigation Department

(viii) the Director of Agriculture Government Member of Uttar Pradesh in Agriculture Department

(ix) the Director Water and Land Management Institute Member of Uttar Pradesh

(x) the Participatory Irrigation Management Expert of Participatory Member Irrigation Management Cell at Engineer-in-Chief of the Irrigation Department of Uttar Pradesh.

(xi) the Director Participatory Irrigation Management Member Secretary

(xii) ten Chairpersons of water users’ association at highest level nominated by Director Participatory Irrigation Management.

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15. Water users’ association at kulaba, alpika or rajwaha level shall prepare water budget and maintain its account in the following manner:-

(1) The kulaba samiti shall prepare water budget and its account in Form 12A.

(2) The kulaba samiti shall work out the anticipated inflow and existing water availability and work out the water allocation to all the landholders before one month of onset of kharif or rabi season.

(3) The kulaba samiti shall prepare a report at the end of each season of water received alongwith the area irrigated and quantity of water supplied.

(4) The alpika samiti shall prepare water budget and its account in Form 13A and Forms 13B and 13C respectively.

(5) The alpika samiti shall work out the anticipated inflow and existing water availability and work out the water allocation to all the kulaba samiti before one month of the onset of kharif or rabi season.

(6) The alpika samiti shall prepare a report at the end of each season of water received alongwith the area irrigated and quantity of water supplied.

(7) The rajwaha samiti shall prepare water budget and its account in Form 14A and Forms 14B and 14C respectively.

(8) The rajwaha samiti shall work out the anticipated inflow and existing water availability and work out the water allocation to all the alpika samiti before one month of the onset of kharif or rabi season.

(9) The rajwaha samiti shall prepare a report at the end of each season of receipt of water, the area irrigated and the quantity of water supplied.

15. Water users’ associations at kulaba, alpika or rajwaha level shall prepare inventory of assets in its charge and maintain it with other records in Form 11.

17. Powers and functions of sheersh samiti shall be,-

(i) to conduct meetings atleast after every crop season;

(ii) to take decision on proposal of Director Participatory Irrigation Management ;

(iii) to take policy decisions towards Participatory Irrigation Management ;

(iv) to remove bottlenecks in Participatory Irrigation Management ;

(v) to monitor and evaluate Participatory Irrigation Management ;

(vi) to promote research on Participatory Irrigation Management ;

(vii) to review the status of funds of water users’ association.

Manner of preparation of water budget and maintenance of water account [Section 5(2)(a)(vi)] Inventory of assets of water users’ association [Section 5(2)(a)(xi)] Powers and functions of the sheersh samiti [Section 24(3)] mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 82 Functions of the Chairperson of a water users’ association [Section 26(3)]

18.The functions of the Chairperson of a water users’ association shall be,-

(i) to conduct the affairs of water users’ associations in a democratic, free fair and transparent manner;

(ii) to preside over general body meetings and regular fortnightly or monthly meeting as the case may be ,of managing committee in a peaceful and democratic manner ;

(iii) to exercise his vote only, in case of tie of votes on any matter decided upon by managing committee or general body;

(iv) to be an authorized representative of water users’ associations at all forums, meetings called by any authority;

(v) to form sub-committee of water users’ associations;

(vi) to demand funds of water users’ association from divisional officer or Director Participatory Irrigation Management as the case may be.

(vii) to monitor equitable distribution of water;

(viii) to send reports, estimates, letters etc. to the competent canal officer or registrar and upper level water users’ associations;

(ix) to deploy employee for a particular job preferably landless person under his area of operation and take decision about honoraria etc. of the deployed employee;

(x) to conduct walk through and invite special invitee in the meetings;

(xi) to establish co-ordination with competent canal officer and registrar;

(xii) to authorize passed vouchers for payments for work done.

Functions of the Secretary of a water users’ association [Section 26(3)]

19. The functions of the Secretary of a water users’ association shall be,-

(i) to assist the Chairperson of the water users’ association regarding the functions of water users’ associations;

(ii) to convene general body meetings and regular fortnightly or monthly as the case may be, meetings of managing committee of water users’ associations;

(iii) to record and maintain the minutes of meetings with the consent of the Chairperson;

(iv) to issue orders and resolutions of managing committee;

(v) to maintain all records of water users’ association;

(vi) to operate account of water users’ association jointly with the Treasurer;

(vii) to get annual account audited by authorized auditor;

(viii) to do all correspondence with competent canal officer, upper level water users’ associations, members of water users’ association and other authorities on behalf of the Chairperson of samiti;

(ix) to authenticate all permissions, orders, decisions, notices and other documents of general body and managing committee.

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20. The functions of the Treasurer of a water users’ association shall be,-

(i) to maintain all receipts, vouchers of expenditure and other related records;

(ii) to maintain and update cashbook, cheque book, passbook, bills and other registers;

(iii) to get annual account audited by authorized auditor;

(iv) to prepare annual financial budget;

(v) to make payments on orders of the Chairperson;

(vi) to get funds from different resources.

21. The sub-committees of a water users’ association to be formed at alpika or rajwaha level under rule 18 by the Chairperson. The constitution and functions shall be such as given below:- (A) Name of sub-committees

(a) sub-committee of works;

(b) sub-committee of irrigation management;

(d) sub-committee of financial management.

(B) Constitution Every sub-committee shall be,-

(a) headed by a member of the managing committee of water users’ association;

(b) two other members selected by Chairperson and approved by the managing committee of alpika samiti or rajwaha samiti as the case may be, from the area of its operation having such qualifications as may be determined by the managing committee.

(a) The sub-committee of works shall perform the following functions,-

(i) to prepare estimate of works and submit it to the managing committee for administrative approval;

(ii) to get technical sanction from competent authority on administratively approved estimate;

(iii) to supervise work and ensure its quality;

(iv) to record measurements of works;

(v) to monitor progress and process of works.

(b) The sub-committee of irrigation management shall perform the following functions,-

(i) to monitor equitable water distribution;

(ii)to assist and monitor kulaba samiti for preparation and implementation of warbandi;

(ii) to monitor and supervise recording of irrigated area;

(iii) to promote efficient use of water;

(iv) to promote conjunctive use of water.

Functions of the Treasurer of a water users’ association (Section 26(3)) Sub-committees of a water users’ association mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 84

(i) to investigate canal offences committed in its lower level water users’ associations and submit a report to the managing committee;

(ii) to produce evidences and records of investigation in the competent court;

(iii) to settle disputes of lower level water users’ associations;

(iv) to submit a report on disputes to the managing committee.

(d) The sub-committee of financial management shall perform the following functions,-

(i) to promote and monitor collection of water charges;

(ii) to review all expenditure during the month and submit a report to the managing committee;

(iii) to receive finances from different schemes of Government;

(iv) to assist the Treasurer in financial management.

Quorum of the general body ( Section 15)

22. In a meeting of general body at kulaba, alpika, rajwaha or shakha level, the quorum shall be 1/5th of the total number of members of a general body present and voting.

Procedure of recall of a members of a managing committee (Section 10(3)

23.Any member of a managing committee who fails to discharge his duties under the Act, may be recalled in the following manner,-

(1) A notice of recall signed by not less than one third members of a sub-command or reach to which they represent shall be given to the Registrar.

(2) If the Registrar is satisfied that the notice is correct, he shall require the competent canal officer to call a meeting of the members of concerned sub command or reach within 7 days. If such member is considered to be incompetent in such meeting by majority of total number of members of that sub-command or reach, he shall cease to hold the office from the date of meeting. The member recalled in such manner shall not be eligible for re-election or re-nomination for next two elections. The secrecy of voting if necessary shall be maintained by the competent canal officer.

Casual vacancies (Section 8(5))

24. If a casual vacancy is occurred due to recall of a member by the members of sub-command or reach under rule 23 or on being elected as a member of the managing committee of the higher samiti or on account of death of a member of the managing committee, it shall be filled within a period of three months in accordance with these rules.

Water sharing arrangement [Section 5(2)(a)(v)]

25.(1) The design, implementation, regulation and monitoring of water sharing arrangement(warbandi) shall be in the manner given hereunder,-

(i) warbandi shall be prepared by the managing committee of kulaba samiti for its command in Form 15;

(ii) the managing committee shall present warbandi to the general body of kulaba samiti for its approval. In case of any changes, it shall be incorporated as per the decision of general body;

(iii) warbandi approved by general body of a kulaba samiti shall be submitted to the alpika samiti for verification. After verification, the alpika samiti shall submit it to the divisional officer;

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(iv) the divisional officer shall check the warabandi and make corrections if any and return it to the alpika samiti;

(v) water shall be distributed to the landholders in accordance with the warbandi;

(vi) the date and time of release and closure of water shall be informed by the managing committee of water users’ association to all its members in advance.

(2) Warabandi shall be prepared on the basis of following principle,-

(a) division of 166 hours by total culturable command area of a kulaba command;

(b) determination of the time of irrigation of a plot by multiplying the area of that plot and value obtained in para (a) ;

(d) giving priority to the left side plot in the case of a plots situated at equal distance from the kulaba head.

(3) Implementation, regulation and monitoring of warbandi shall be in the manner that,-

(a) water allocation may be exchanged amongst farmers with their mutual consent subject to approval of kulaba samiti;

(b) members of the managing committee of kulaba samti shall be responsible for implementation, monitoring and regulation of warbandi in their sub-command;

(c) the Chairperson and the Secretary of kulaba samiti shall be responsible for regulation, monitoring and implementation of warabandi in kulaba command;

(d) members of the managing committee of alpika samti shall be responsible for implementation, monitoring and regulation of warbandi in their sub-command;

(e) the Chairperson and the Secretary of alpika samiti shall be responsible for regulation, monitoring and implementation of warabandi in alpika command;

(f) members of the managing committee of rajwaha samti shall be responsible for monitoring of warbandi in rajwaha command.

26.The water users’ association of a kulaba or alpika level shall assist and participate in the recording of irrigation in the manner described hereunder,-

(i) information about command area of alpika shall be maintained by alpika samiti in Form 5 . The competent canal officer shall supply its records for filling Form 5;

(ii) the Chairperson of an alpika samiti may appoint person for assisting kulaba samiti in recording of irrigated area of the kulaba command. Irrigation shall be recorded in Form 6/6A as the case may be in every week of water supply and submit it to the alpika samiti;

(iii) area of irrigation of a plot shall be recorded in each watering.

(iv) recording of irrigated area shall also be done by seenchpal as the irrigation progresses;

(v) seenchpal shall compare irrigation recorded by himself and by kulaba samiti. In case of any discrepancy found by him, he shall put it up in the regular meeting of the alpika samiti. Such discrepancy shall be resolved by managing committee of the alpika samiti;

Recording of irrigation [Section 5(2)(a)(x)] mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 86

(vi) any dispute regarding recording of irrigated area between seenchpal and managing committee of the alpika samiti shall be finally resolved by competent canal officer;

(vii) at the end of each crop season, the information of irrigated area shall be provided to the farmers in Form 7/7A by the alpika samiti through kulaba samiti;.

(viii) any complaint against entries in Form 7/7A of a land holder shall be made to the alpika samiti within a week. The complaint shall be investigated by sub-committee of irrigation management of alpika samiti. After investigation, the matter shall be resolved by the managing committee of alpika samiti and appropriate corrections shall made in Form 6 and issue a revised Form 7/7A;

(ix) final irrigation recording of area signed by the Chairperson of alpika samiti and seenchpal shall be submitted to divisional officer/deputy revenue officer by the Secretary of alpika samiti for the preparation of jamabandi.

Recovery of water charges and determination of share for a water users’ association [Section 5(2)(a)(x) and Section 27(1) ]

27. (1) The water users’ association at kulaba, alpika or rajwaha level shall assist and participate in the recovery of water charges in the manner described hereunder,:-

(i) divisional officer/deputy revenue officer shall prepare water charges of each landholder (jamabandi) and provide it to alpika samiti in Form 8/8A;

(ii) any discrepancy in Form 8/8A shall be corrected according to Form 7/7A by the divisional officer;

(iii) the managing committee of alpika samiti shall appoint persons, resident of the area of operation of water users’ association, for the collection of water charges in accordance with the Form 8/8A. The persons so appointed shall collect water charges from land holder by issuing a receipt in Form 9;

(iv) every leaflet of receipt in Form 9 shall be under the stamp and signature of deputy revenue officer and issue it to alpika samiti. The account of receipts shall be maintained by deputy revenue officer;

(v) water charges collected by appointed persons shall be deposited to the Treasurer of a alpika samiti with the counterfoil of Form 9;

(vi) the Treasurer of a alpika samiti shall display a list of land holders in his office who have paid their water charges and concerned Panchayat bhawans. Any complaint of land holder on such list shall be resolved by the managing committee of alpika samiti;

(vii) the competent canal officer shall recover water charges collected by alpika samiti and counter foil of Form 9 from the Treasurer periodically by giving a receipt in Form-R.

Such receipts shall be maintained by the Treasurer and the competent canal officer both;

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(viii) the competent canal officer shall deposit water charges with a copy of Form-R to the divisional officer. Water charge recovered by or tendered to the divisional officer shall, without undue delay, be paid in full into the treasury or into the bank as provided in the financial rules;

(ix) after every crop season, the divisional officer shall display the details of water charges collected from each landholder in his office, panchayat bhawans and office of the alpika samiti. Any complaint on this shall be resolved by the canal officer;

(x) divisional officer shall send the list of defaulting land holders with their water charge dues to the District Magistrate for the recovery of water charges;

(xi) water charges dues and penalty imposed by water users’ association for unauthorized use of water, if any, shall be recovered by district magistrate. Such recovered amount shall be deposited into the Government account and the same shall be intimated to the divisional officer with necessary details;

(xii) divisional officer shall submit demand of funds for water users’ association to the Director Participatory Irrigation Management in Form-D. Such demand shall be determined on the basis of total water charge collected and penalty recovered in one year before the last financial year;

(xiii) water users’ associations at kulaba. alpika and rajwaha level shall apply social pressure on defaulters for payment of water charges and even if dues are not paid, alpika samiti or rajwaha samiti may stop the supply of irrigation water to the defaulters in the next fasal;

(xiv) any irregularity committed by appointed persons, or the Treasurer or any other person of water user’ association shall be prosecuted under Indian penal code;

(xv) details about appointed persons by water user’ association for collection of water charges shall be submitted to the competent canal officer within 15 days from the date of appointment.

(2) Share of water charges recovered for a water users’ association shall be determined on the basis of demand submitted by divisional officer to the director Participatory Irrigation Management as below,-

(i) the demand of funds for alpika samiti shall be an amount equivalent to 40 % of water charges recovered from the command of alpika samiti;

(ii) the demand of funds for federated alpika samiti formed at cluster of kulaba off taking from rajwaha shall be an amount equivalent to 20 % of water charges recovered from the command of such federated alpika samiti;

(iii) the demand of funds for rajwaha samiti shall be an amount equivalent to 20 % of water charges recovered from the command of alpika samiti formed at alpika offtaking from rajwaha and 40% of water charges recovered from the command of federated alpika samiti formed at cluster of kulaba offtaking from rajwaha;

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(iv) the demand of funds for shakha samiti shall be an amount equivalent to 20 % of water charges recovered from the command of alpika samiti formed at alpika offtaking from shakha;

(v) the demand of funds for federated alpika samiti formed at cluster of kulaba offtaking from shakha shall be an amount equivalent to 20% of water charges recovered from the command of such federated alpika samiti.

( (3) There shall be a constituted regulation committee comprising of the Principal Secretary of Irrigation Department as Chairman, the Secretary of Irrigation Department as Vice- Chairman, the Engineer-in-Chief of Irrigation Department, finance controller of Irrigation Department and Director Participatory Irrigation Management as the Member Secretary for the execution of following functions,-

(i) committee shall be primarily responsible to finalize the budget proposals for water users’ association based on demand submitted by divisional officers of Irrigation Department to the Director Participatory Irrigation Management ;

(ii) to review the status of fund flow;

(iii) committee shall meet atleast twice in a year. The Member Secretary shall be responsible for putting agenda before the committee and issue minutes of meeting;

(iv) the Principal Secretary of Irrigation Department or the Secretary of Irrigation Department, finance controller of Irrigation Department and Director Participatory Irrigation Management shall make the quorum of committee.

(4) The State Government shall make budget provisions for the fund of water users’ association after considering the proposal of the regulation committee. Such funds shall be transferred to the Irrigation Department.

(5) Fund allotment to the Irrigation Department for the de-silting, operation & maintenance and special maintenance of minors and distributaries shall be reduced by such amount as is required for maintenance of minors and distributaries handed over to the water users’ association.

(6) Director Participatory Irrigation Management shall allot funds of water users’ association and transfer it into the bank account of respective divisional officers in accordance with the demands of respective divisions, as early as possible.

(7) Divisional officer shall transfer funds of water users’ association into the account of respective water users’ associations in accordance with their respective demand, as early as possible.

28. If the managing committee of a water users’ association fails to perform its functions even after assistance of the competent canal officer, the competent canal officer may proceed to dissolve and constitute a new managing committee in the manner described hereunder,- mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 89

(1) The competent canal officer shall make assessment of a water users’ association for continuous two crop seasons on the following grounds of,-

(a) conducting at least two general body meetings and fortnightly regular meetings;

(b) opening its accounts in a Scheduled bank or post office;

(d) maintenance of book of accounts of all purchases of sales and goods;

(e) maintenance of audit reports and investigation reports;

(f) maintenance of records of water charge collection;

(g) maintenance of complaint register;

(h) updation of cash book, passbook and cheque book;

(i) maintenance of records.

(2) The competent canal officer if finds any shortcoming in the water users’ association, shall assist in the strengthening of the water users’ association for improvement in their performance. The assessment and assistance report shall be given to such water users’ association and its immediate upper level water users’ association.

(3) The competent canal officer shall make assessment in the third and fourth crop season on the basis of,-

(a) equitable distribution of available canal water into head, middle and tail reach or sub-command;

(b) ratio of water charge collected and total water charge to be collected;

(d) updated accounts book keeping and financial audit;

(e) timely submission of recorded area of irrigation to the competent canal officer;

(f) action taken against the canal offences;

(g) action taken against unauthorized use of water.

(4) In case the performance of a water users’ association is not improving to the satisfaction of the competent canal officer in continuous two assessments conducted under sub-rule (3), he may proceed to dissolve such water users’ associations in the manner that,-

(a) the competent canal officer shall give a notice to the water users’ association for its dissolution;

(b) the competent canal officer shall after 15 days from the date of notice call a general body meeting of the water users’ association. He will move a resolution for dissolution of the managing committee along with assessment and assistance report. If the resolution is passed by more than 50% of members present and voting in the meeting having quorum, the managing committee of the concerned water users’ association shall stand dissolved. Secrecy of voting if required shall be maintained during passing of resolution by competent canal officer.

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(5) If the managing committee of the water users’ association does not appear to be regular in its activities then the competent canal officer shall bring the matter to the notice of the concerned registrar and upper level water users’ association. The registrar may, if he considers that the managing committee of water users’ association is fit to be dissolve direct the competent canal officer to dissolve the managing committee of the water users’ association. The competent canal officer shall on receipts of such order proceed to dissolve the managing committee of the water users’ association in the following manner,-

(i) he shall constitute a committee consisting of two members from the members of the managing committee of the immediate upper level water users’ association and himself. Such committee shall be presided over by the competent canal officer;

(ii) if the committee constituted in clause (i) is of the view that the concerned managing committee is fit to be dissolved then he shall after obtaining the prior approval of the registrar declare the dissolution of such managing committee and thereafter a new managing committee shall be constituted in accordance with these rules within a period of six months.

Agreement between Irrigation Department and a water users’ association [ Section 18(1)]

29.(1) The distributary level water users’ association shall enter into an agreement with the Irrigation Department in accordance with Annexure A for the bulk supply of water and related issues.

Provided that unless a distributary level water users’ association is constituted, the alpika samiti shall be deemed to be the distributary level water users’ association.

(2) The lower level water users’ association other than distributary level water users’ association shall enter into an agreement with its immediate upper level water users’ association in accordance with the Annexure B.

Other sources of funds of a water users’ association [ Section 27(2)(ix)]

30. Other sources of the income of a water users’ association may be ,-

(a) toll tax;

(b) one time functional grant of Command Area Development and Water Management;

(c) funds under National Rural Employment Guarantee Act, 2005 for the operation and maintenance of canals and field channels as an implementing agency obtained from the Rural Development Department;

(d) funds from schemes of other departments or financing agencies.

Budget of a water users’ association ( Section 29)

31. (1) The managing committee of a water users’ association at alpika, rajwaha and shakha shall prepare a draft budget in the Form 10 for the next financial year. The budget shall be placed in the meeting of the general body before 15th day of March every calendar year.

(2) The draft budget shall accompany with a brief note explaining,-

(i) the remark from latest audit report and its compliance;

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(ii) the budget proposals and their justifications.

(3) The draft budget shall be available in the office of every water users’ association at least one week before the day fixed for general body meeting.

(4) The draft budget shall be approved by not less than 2/3 members of general body present and voting in a meeting having quorum.

(5) The competent canal officer shall be special invitee in the meeting refer to in sub-rule(4).

A copy of the approved budget shall be submitted to the competent canal officer.

32. (1) Every water users’ association shall open a separate account in a scheduled bank or a post office in its name for operation of its reserve funds. Such account shall be operated by the Chairperson of the water users’ association with the prior approval of the competent canal officer.

(2) Ten percent of income of water users’ association, membership fee, and one time functional grant of command area authority shall be deposited into reserve fund account.

(3) Interest earned on reserve fund shall be utilized by the water users’ association for the fulfillment of its functions with prior approval of the managing committee of water users’ association. The capital amount of reserve fund shall not be used in any case.

33. The accounts of every water users’ association shall be audited annually by an auditor from the panel of auditors determined by the concerned Superintending Engineer.

34. (1) Water users’ association at the rajwaha level may appoint an Engineer and an accountant for the purpose of providing technical and financial support for the execution of technical works and financial management of rajwaha samiti and of all alpika samiti connected with the rajwaha.

(2) The pay and allowances of the engineers and the accountants appointed under subrule (1) shall be determined by water users’ association at rajwaha level. Fund for payment of pay and allowances for engineers and accountants shall collectively be arranged by water users’ association at rajwaha and alpika from their sources of funds.

35.(1) The officers of the Irrigation Department shall be deemed to be appointed as the competent canal officer, the appellate officer, the election officer and the registrar by virtue of their post in their respective jurisdiction as mentioned below,- (A) Competent canal officer

(a) the Junior Engineer shall be the competent canal officer for a kulaba samiti;

(b) the Assistant Engineer shall be the competent canal officer for an alpika samiti;

(d) if any rajwaha lies in the jurisdiction of two divisions or any shakha lies completely in the jurisdiction of a circle, then the Superintending Engineer shall be the competent canal officer for such rajwaha or shakha samiti;

Utilization of reserve fund ( Section 31) Audit of accounts of a water users’ association ( Section 32) Appointment of employees of a water users’ association [ Section 26(2)] Appointment of the competent canal officer, the appellate officer, the election officer and the registrar [ Section 25(1)] mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 92

(e) if a shakha lies in the jurisdiction of more than one circle, the Chief Engineer level-2 shall be the competent canal officer for such shakha samiti;

(f) the Chief Engineer level-2 shall be the competent canal officer for a pariyojana samiti;

(g) the Engineer-in-Chief shall be the competent canal officer at apex level (sheersh samiti).

(B) Appellate officer

(a) the Executive Engineer shall be the appellate officer for a kulaba and an alpika samiti;

(b) the Superintending Engineer shall be the appellate officer for a rajwaha samiti of respective division;

(c) the Chief Engineer level-2 shall be the appellate officer for a rajwaha samiti comprising more than one division and a shakha samiti that lies in the jurisdiction of a circle;

(d) the Chief Engineer level-1 shall be the appellate officer for a shakha samiti comprising more than one circle;

(e) the Engineer in Chief (design and planning) shall be the appellate officer for a pariyojana samiti.

(a) the Engineer-in-Chief of the Irrigation Department shall be the chief election officer;

(b) the Chief Engineer level-2 of the concerned project shall be the election officer;

(D) Registrar

(a) the Executive Engineer of the concerned division shall be the registrar for a kulaba samiti and an alpika samiti;

(b) the Superintending Engineer of concerned circle shall be the registrar for a rajwaha samiti;

(d) the Chief Engineer level-1 of the concerned project shall be the registrar for a pariyojana samiti.

Powers and functions of the competent canal officers ( Section 25(2))

36.(1)(a) the competent canal officer of a kulaba samiti(junior engineer) shall have power to accord technical sanction of estimates on field channel, field drains and allied structures submitted by water users’ association upto value of Rs 25000/-.A copy of such sanctioned estimate shall be sent to the concerned assistant engineer for records to be maintained by assistant engineer;

(b) the competent canal officer of alpika samiti(assistant engineer) shall have power to accord technical sanctions of estimates on works submitted by water users’ associations upto the vaue of Rs 10 lacs;

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(c) the competent canal officer of rajwaha samiti(executive engineer) shall have power to accord technical sanction of the value exceeding 10 lacs on works submitted by water users’ associations within his jurisdiction.

(2) The Competent Canal Officer of kulaba samiti shall be responsible for,-

(i) providing regular assistance for the sustainability of water users’ associations;

(ii) conducting election of water users’ associations in accordance with these rules;

(iii) conducting meetings with chairperson of water users’ associations at kulaba level atleast once in a month for resolving problems and issues;

(iv) creating awareness among water users’ associations at kulaba level about the schemes of other department and providing assistance them to link with such schemes;

(v) providing necessary records to the water users’ associations;

(vi) monitoring functions of at least 10 kulaba samiti and 5 alpka samiti in a month by visiting the field;

(vii) monitoring of water supply at kulaba level;

(viii) preparing status report of water users’ associations at kulaba level after every crop season and submit it to Assistant Engineer ;

(ix) making the water users’ associations capable in preparing estimates for technical sanction;

(x) making the water users’ associations capable in the execution of works and its measurement;

(xi) implementing decision of Participatory Irrigation Management cell;

(xii) functioning as a coordinator between water users’ associations and Participatory Irrigation Management cell at division;

(xiii) incorporating works on Participatory Irrigation Management in righting annual confidential report;

(xiv) undertaking any other functions for accomplishing the objectives of the Act.

(3) The Competent Canal Officer of an alpika samiti shall be responsible for,-

(i) according technical sanction to the estimates of water users’ associations;

(ii) providing regular assistance for the sustainability of water users association;

(iii) Providing necessary assistance to the junior engineer for strengthening of water users’ associations;

(iv) conducting elections of water users’ associations in accordance with these rules;

(v) monitoring functions of at least 10 alpika samiti and 1 rajwaha samiti in a month by visiting the field;

(vi) conducting meetings of all the Chairpersons of water users’ associations at alpika level in his jurisdiction at least once a month to resolve their issues;

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(vii) preparing status report of water users’ associations and submit it to the Executive Engineer;

(viii) creating awareness among water users’ associations about schemes of other department and provide assistance to them in linkages with such schemes;

(ix) providing necessary records to the water users’ associations;

(x) monitoring quality of works and giving report to the Executive Engineer and alpika or rajwaha samiti as the case may be;

(xi) compiling quality monitoring report of works for presenting in the general body meeting of water users’ associations held at the end of fasal;

(xii) participating in the general body meetings of water users’ associations;

(xiii) assisting alpika samiti in calling their general body meeting at the end of each crop season;

(xiv) incorporating works on Participatory Irrigation Management in righting annual confidential report;

(xv) undertaking any other functions for accomplishing the objectives of the Act.

(4) The Competent Canal Officer of a rajwaha samiti shall be responsible for,-

(i) constituting Participatory Irrigation Management cell at his office as per

SCHEDULE IV;

(ii) monitoring functions of seenchpal, seench parvekshak, jiledar and deputy revenue officer of the division as given in the SCHEDULE VII;

(iii) according technical sanction to the estimates water users’ association;

(iv) providing regular assistance to the water users’ associations for their sustainability;

(v) conducting election of water users’ associations in accordance with these rules;

(vi) making Participatory Irrigation Management cell functional;

(vii) conducting meeting with all the chairpersons’ of rajwaha samitis atleast once a month for resolving their issues;

(viii) preparing status report of water users’ associations and submit it to the Superintending Engineer;

(ix) creating awareness among water users’ associations about the scheme of other department and providing assistance to them in linkage with such schemes;

(x) providing necessary records to the water users’ associations;

(xi) monitoring of function of atleast 2 rajwaha samiti in a month by visiting field;

(xii) providing necessary assistance to assistant engineer for strengthening of alpika samiti;

(xiii) providing funds in the account of water users’ association as early as possible;

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(xiv) supplying water as per roster and maintenance of full supply level in the minors;

(xv) participating in the general body meeting of rajwaha samiti;

(xvi) compiling quality monitoring report of works for presentation in the general body meeting of water users’ association held at the end of fasal;

(xvii) assisting rajwaha samiti in conducting its general body meeting at the end of each crop season;

(xviii) incorporating works on Participatory Irrigation Management in righting annual confidential report;

(xix) undertaking any other functions for accomplishing the objectives of the Act.

(5) The Competent Canal Officer of a shakha samiti shall be responsible for-

(i) constituting Participatory Irrigation Management cell at his office as per

SCHEDULE IV;

(ii) preparing status report of water users’ association in his jurisdiction after every crop season and submit it to the Chief Engineer level-2;

(iii) making Participatory Irrigation Management cell functional;

(iv) participating in the general body meetings of shakha samiti;

(v) monitoring at least one rajwaha samiti from each division under his jurisdiction by visiting the field;

(vi) conducting elections of water users’ associations in accordance with these rules;

(vii) ensuring water supply in the rajwaha and monitoring water supply in minors in accordance with roster;

(viii) providing information about availability of water to the shakha samiti for the preparation of water budget;

(ix) assisting shakha samiti in the preparation of canal operation schedule;

(x) assisting shakha samiti in performing their functions;

(xi) incorporating works on Participatory Irrigation Management in righting annual confidential report;

(xii) undertaking any other functions for accomplishing the objectives of the Act.

(6) The Competent Canal Officer of a pariyojana samiti shall be responsible for-

(i) constituting Participatory Irrigation Management cell at his office as per

SCHEDULE IV;

(ii) conducting elections of water users’ associations in accordance with these rule;

(iii) conducting meetings with the managing committee of shakha and pariyojana samiti;

(iv) assisting shakha samiti in performing their functions;

(v) making plans for removal of difficulties and making water users’ association functional and sustainable;

(vi) ensuring water supply in the shakha and monitor water supply in rajwaha in accordance with roster;

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(vii) incorporating works on Participatory Irrigation Management in righting annual confidential report

(viii) undertaking any other functions for accomplishing the objectives of the Act.

(7)The Competent Canal Officer at apex level shall be responsible for,-

(i) constituting Participatory Irrigation Management cell at his office as per

SCHEDULE IV;

(ii) functioning as chief election officer for elections of water users’ associations;

(iii) issuing plans and guidelines for conduction of election of water users’ associations in the State;

(iv) facilitating Director Participatory Irrigation Management for performing its functions;

(v) monitoring supply of water in branches in accordance with roster;

(vi) incorporating works on Participatory Irrigation Management in righting annual confidential report;

(vii) any other functions for accomplishing the objectives of the Act.

Dispute Settlement [ Section 43(2)] Remuneration and allowances of office bearer of a water users’ association [ Section 26(3)] Installation of measuring devices ( Section 20)

37. The dispute refer to in sub-section (1) of section 43 of the Act shall be resolved in the meeting of managing committee concerned in a meeting of the managing committee to be called for resolving the matter.

38. (1) Every water users’ association shall give remuneration and allowances to its office bearer such amount as may from time to time be determined by it in the following manner,-

(i) the managing committee shall prepare a proposal for providing remuneration and allowances and present it in the general body meeting for its approval;

(ii) the total annual expenditure of proposal shall not be more than 5 percent of the annual budget;

(iii) if such proposal has been passed by two third majorities of the members present and voting in the meeting. Provided that the majority of votes shall not be less than 50% of the total members of general body thereafter the office bearers may be entitled to get remuneration and allowances from the next financial year.

(2) The pay and allowances and other conditions of service shall be such as may be determined by the water users’ association with the approval of the competent canal officer.

39. The competent canal officer shall install water measuring devices on the head of kulaba, alpika or rajwaha for the supply of water to a water users’ association.

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40. A water users’ association shall maintain following other records,-

(a) to maintain electronic list of farmers;

(b) to maintain copy of Act, Rules, specifications of Irrigation Department and other office orders;

(d) to maintain register of proceedings of general body meetings and managing committee meetings;

(e) to maintain book of accounts of all purchases of sales and goods;

(f) to maintain measurement book, level field book, work order etc.;

(g) to maintain register of administrative approval;

(h) to maintain register of irrigation recording;

(i) to maintain complaint register;

(j) to maintain maps of design details of canal;

(k) to maintain passbook and cheque book;

(l) to maintain permanent membership register;

(m) to maintain index map;

(n) to maintain canal land acquisition map;

(o) to maintain land plan map;

(p) to maintain plantation register;

(q) to maintain certified copy of warabandi;

(r) to maintain list of water rates;

(s) to maintain cash book in Form 16;

(t) to maintain ledger register in Form 17;

(u) to maintain cheque issuing register in Form 18;

(v) to maintain journal register in Form 19;

(w) to maintain bill register in Form 20.

---------- Records maintained by a water users’ association [ Section 5(2)(a)(xi)] mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 98

SCHEDULE-I Total number of kulaba connecte d with the alpika Distribution of kulaba for the determination of the head reach, the middle reach and the tail reach of an alpika Number of members of managing committee from the head reach, the middle reach and the tail reach of an alpika Total number of elected members of the managing committee Number of kulaba that makes head reach Number of kulaba that makes middle reach Number of kulaba that makes tail reach Head reach Middle reach Tail reach 3 1 1 1 2 2 3 7 4 2 1 1 2 2 3 7 5 2 2 1 2 2 3 7 6 2 2 2 2 2 3 7 7 3 2 2 2 2 3 7 8 3 3 2 2 2 3 7 9 3 3 3 2 2 3 7 10 4 3 3 2 3 3 8 11 4 4 3 2 3 3 8 12 4 4 4 2 3 3 8 13 5 4 4 2 3 3 8 14 5 5 4 2 3 3 8 15 5 5 5 2 3 3 8 16 6 5 5 2 3 4 9 17 6 6 5 2 3 4 9 18 6 6 6 2 3 4 9 19 7 6 6 2 3 4 9 20 7 7 6 2 3 4 9 21 7 7 7 2 3 4 9 22 8 7 7 3 3 4 10 23 8 8 7 3 3 4 10 24 8 8 8 3 3 4 10 25 9 8 8 3 3 4 10 26 9 9 8 3 3 4 10 mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 99 27 9 9 9 3 3 4 10 28 10 9 9 3 4 4 11 29 10 10 9 3 4 4 11 30 10 10 10 3 4 4 11 31 11 10 10 3 4 4 11 32 11 11 10 3 4 4 11 33 11 11 11 3 4 4 11 34 12 11 11 3 4 5 12 35 12 12 11 3 4 5 12 36 12 12 12 3 4 5 12 37 13 12 12 3 4 5 12 38 13 13 12 3 4 5 12 39 13 13 13 3 4 5 12 40 14 13 13 3 5 5 13 41 14 14 13 3 5 5 13 42 14 14 14 3 5 5 13 43 15 14 14 3 5 5 13 44 15 15 14 3 5 5 13 45 15 15 15 3 5 5 13 46 16 15 15 4 5 5 14 47 16 16 15 4 5 5 14 48 16 16 16 4 5 5 14 49 17 16 16 4 5 5 14 50 17 17 16 4 5 5 14 51 17 17 17 4 5 5 14 mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 100

SCHEDULE- II Total number of alpika connected with the rajwaha Distribution of alpika for the determination of the head reach, the middle reach and the tail reach of a rajwaha Number of members of managing committee from the head reach, the middle reach and the tail reach of a rajwaha Total number of elected members of the managing committee Numb er of alpika that make s head reach Number of alpika that makes middle reach Number of alpika that makes tail reach Head reach Middle reach Tail reach 3 1 1 1 2 2 3 7 4 2 1 1 2 2 3 7 5 2 2 1 2 2 3 7 6 2 2 2 2 2 3 7 7 3 2 2 2 2 3 7 8 3 3 2 2 2 3 7 9 3 3 3 2 2 3 7 10 4 3 3 2 3 3 8 11 4 4 3 2 3 3 8 12 4 4 4 2 3 3 8 13 5 4 4 2 3 3 8 14 5 5 4 2 3 3 8 15 5 5 5 2 3 3 8 16 6 5 5 2 3 4 9 17 6 6 5 2 3 4 9 18 6 6 6 2 3 4 9 19 7 6 6 2 3 4 9 20 7 7 6 2 3 4 9 21 7 7 7 2 3 4 9 22 8 7 7 3 3 4 10 23 8 8 7 3 3 4 10 mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 101 24 8 8 8 3 3 4 10 25 9 8 8 3 3 4 10 26 9 9 8 3 3 4 10 27 9 9 9 3 3 4 10 28 10 9 9 3 4 4 11 29 10 10 9 3 4 4 11 30 10 10 10 3 4 4 11 31 11 10 10 3 4 4 11 32 11 11 10 3 4 4 11 33 11 11 11 3 4 4 11 34 12 11 11 3 4 5 12 35 12 12 11 3 4 5 12 36 12 12 12 3 4 5 12 37 13 12 12 3 4 5 12 38 13 13 12 3 4 5 12 39 13 13 13 3 4 5 12 40 14 13 13 3 5 5 13 41 14 14 13 3 5 5 13 42 14 14 14 3 5 5 13 43 15 14 14 3 5 5 13 44 15 15 14 3 5 5 13 45 15 15 15 3 5 5 13 46 16 15 15 4 5 5 14 47 16 16 15 4 5 5 14 48 16 16 16 4 5 5 14 49 17 16 16 4 5 5 14 50 17 17 16 4 5 5 14 51 17 17 17 4 5 5 14 mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 102

SCHEDULE- III Total number of rajwaha connected with the shakha Distribution of rajwaha for the determination of the head reach, the middle reach and the tail reach of shakha Number of members of managing committee from the head reach, the middle reach and the tail reach of shakha Total number of elected members of the managing committee Number of rajwaha that makes head reach Number of rajwaha that makes middle reach Number of rajwaha that makes tail reach Head reach Middle reach Tail reach 3 1 1 1 2 2 3 7 4 2 1 1 2 2 3 7 5 2 2 1 2 2 3 7 6 2 2 2 2 2 3 7 7 3 2 2 2 2 3 7 8 3 3 2 2 2 3 7 9 3 3 3 2 2 3 7 10 4 3 3 2 3 3 8 --------------

SCHEDULE-IV The constitution and the functions of Participatory Irrigation Management cell at division, circle, chief and engineer-in-chief level shall be:- (A) Participatory Irrigation Management at division

(a) Constitution

(i) Senior Assistant Engineer Chairperson

(ii) Assistant Engineer Member

(iii) Accountant Member

(iv) Deputy Revenue Officer Member

(v) Junior Engineer(s) Members

(vi) Jiledar (s) Members

(vii) Seenchpal (s) Members Staff of assistant engineer(s) and other members shall assist the above cell.

(b) Functions

(i) monitoring activities of water users’ association;

(ii) assisting and motivating in preparation and implementation of warbandi;

(iii) providing technical support to the water users’ associations;

(iv) making water users’ associations capable in their financial management;

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(v) preparing demand of funds for water users’ associations in accordance with the rule-27(2);

(vi) making water users’ associations capable in irrigation recording;

(vii) assisting water users’ associations in collection of water charges;

(viii) motivating water users’ associations for construction and maintenance of field channels;

(ix) conducting elections of water users’ associations;

(x) facilitating managerial resources to the water users’ associations;

(xi) assisting water users’ associations in preparation of water budget;

(xii) preparing status report of water users’ associations after each crop season and send to Participatory Irrigation Management cell at circle;

(xiii) assessing performance of water users’ associations on the parameter, enshrined in rule no 28;

(xiv) preparing a report about the problems faced by water users’ associations and suggested measures for its remedy;

(xv) preparing status report of equitable distribution of water into head, middle and tail of the canals, recording of irrigation, collection of water charges, status of funds of water users’ associations, on-farm development works and maintenance of canal under water users’ associations;

(xvi) assisting water users’ associations for forward and backward linkage of agricultural produce;

(xvii) assisting in linkage of water users’ associations with schemes of other department

(xviii) providing training to the water users’ association;.

(xix) conducting at least two meetings of the Participatory Irrigation Management cell at division in each month;

(xx) issuing minutes of meeting of Participatory Irrigation Management cell at division and submitting to the Executive Engineer for taking proper action;

(xxi) any other functions required for accomplishing the objectives of the Participatory Irrigation Management Act-2009.

(B) Participatory Irrigation Management at circle

(a) Constitution • one Executive Engineer • one Assistant Engineer

(b) Functions.

(i) conducting monthly meeting with Executive Engineers of the division to review the status of Participatory Irrigation Management in the division;

(ii) preparing status report of water users’ associations and send it to the Participatory Irrigation Management cell under Chief Engineer level-2;

(iii) preparing status report of equitable distribution of water, collection of water charges, recording of irrigation, status of funds of water users’ associations on-farm development works and maintenance of canals under the water users’ associations in the divisions;

(iv) giving recommendation to the Superintending Engineer for taking measures about smooth functioning of water users’ association;

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(v) conducting elections of water users’ associations;

(vi) any other functions required for accomplishing the objectives of the Participatory Irrigation Management Act-2009.

(a) Constitution

(i) Superintending Engineer Chairperson

(ii) two Executive Engineers Members

(iii) four Assistant Engineers Members

(b) Functions

(i) monitoring and evaluation of Participatory Irrigation Management cell working at circle level;

(ii) preparing of Status report of water users’ association under the jurisdiction of Chief Engineer level-2 and send it to Director Participatory Irrigation Management ;

(iii) implementing of policy and programmes as received from Director Participatory Irrigation Management ;

(iv) preparing of status of equitable distribution of water, irrigation recording, collection of water charges, status of funds of water users’ associations on-farm development works and maintenance of canals under the water users’ associations;

(v) evaluating of water users’ associations;

(vi) conducting elections of water users’ associations;

(vii) conducting of impact study of Participatory Irrigation Management ;

(viii) conducting monthly meeting with superintending engineers to review the status of Participatory Irrigation Management ;

(ix) preparing of plans and strategy for removal of bottlenecks for smooth functioning of Participatory Irrigation Management ;

(x) monitoring of roster;

(xi) any other functions required for accomplishing the objectives of the Participatory Irrigation Management Act-2009.

(D) Participatory Irrigation Management cell at Engineer-in-Chief level

(a) Constitution

(i) Chief Engineer Level-1 Director Participatory Irrigation Management

(ii) Superintending engineer Member and Participatory Irrigation Management expert

(iii) Executive engineer Member and training expert

(iv) Executive engineer Member and monitoring and evaluation expert

(v) Executive engineer Member and ground water expert

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(b) Functions preparing of proposal for the Apex Committee for smooth function of Participatory Irrigation Management ;

(i) preparing plans and strategy regarding election of water users’ associations;

(ii) promoting and facilitating research on Participatory Irrigation Management ;

(iii) allotting funds of water users’ association to the divisions;

(iv) preparing status report of equitable distribution of water, irrigation recording, on-farm development works, status of funds of water users’ associations and collection of water charges;

(v) ensuring transfer of funds allotted to the water users’ association by executive engineer into the account of water users’ associations;

(vi) preparing of training strategy and programme for officers of Irrigation Department and capacity building programme of water users’ association for carrying out their powers and functions;

(vii) monitoring of Participatory Irrigation Management in the State ;

(viii) conducting a meeting with Chief Engineer level 2 of the project in each month;

(ix) keeping all records on Participatory Irrigation Management ;

(x) conducting impact study of Participatory Irrigation Management ;

(xi) preparing comparative report of water supply between proposed and actual availability of water in the canals;

(xii) making arrangements for creating awareness among farmer about Participatory Irrigation Management ;

(xiii) preparing of plans and strategy for removal of bottlenecks for smooth functioning of Participatory Irrigation Management ;

(ix) promoting integrated water management ;

(x) any other functions required for accomplishing the objectives of the Act.

SCHEDULE- V The water users’ associations at minor or distributary level shall follow the following procedure for execution of works categorized as below under the supervision of Irrigation Department:-

(1) The water users’ association shall execute the following category of works, namely:- (A) Operation and maintenance works

(i) Silt clearance;

(ii) Weed removal;

(iii) Repair of embankment;

(iv) Repair of gates/gauge;

(v) Repair of kulaba;

(vi) Removal of obstructions;

(vii) Breach closing of canal;

(viii) Removal of unauthorized kulaba;

(ix) Repair of masonry works etc.

mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 106 (B) Special repair works

(i) Rehabilitation of works;

(ii) Reconstruction of measuring devices;

(iii) Reconstruction/major repair of head and cross regulator & masonry works;

(iv) Strengthening of banks of a canal etc.

(i) Repair of canal breach, and removal of unauthorized obstruction during running of canal;

(ii) Removal of unauthorized kulaba and related repair works during running of canal.

(D) Petty works Expenditure on stationary, meetings, record maintenance, and other small office maintenance works.

(2) The water users’ association shall follow the following procedure for execution of works:-

(a) participatory walk through,-

(i) prior to the commencement of every crop season (kharif and rabi) the Chairperson of alpika samiti along with the managing committee members, sub-committee members, the competent canal officer and the Chairpersons of kulaba samiti shall organize a participatory walkthrough on alpika and take measurements of proposed works for estimation and other purposes;

(ii) prior to the commencement of every crop season (kharif and rabi) the Chairperson of rajwaha samiti along with the managing committee members, the competent canal officer and the Chairpersons of alpika samiti shall organize a participatory walkthrough at rajwaha and take measurements of proposed works for estimation and other purposes;

(iii) the competent canal officer shall intimate water users’ associations well in advance to conduct participatory walk through prior to the commencement of every crop season.

(b) Prioritizing works

(i) the water users’ association shall make detailed list of works identified during walk through with the assistance of the competent canal officer;

(ii) the managing committee of water users’ associations shall discuss the works so prepared and fix up priority of works to be taken up immediately.

(c) Preparation of estimates The water users’ associations at minor or distributary level shall prepare estimates of works in accordance with the prevailing schedule of rates of the concerned division of Irrigation Department. Water users’ associations may take assistance of the competent canal officer or any other technical person for the preparation of estimates.

(d) Administrative approval The managing committee of water users’ associations at minor or distributary level as the case may be, shall accord administrative approval for the estimates prepared as per availability of funds. Each administrative approval shall be recorded by the water users’ associations in the Form 1

(e) Technical approval

(i) the competent authority of Irrigation Department shall accord technical sanction of estimates so prepared within 15 days from date of submission of estimates by the water users’ association. The said amount of technical sanction shall not exceed the amount of administrative approval;

(ii) all technical approval shall be recorded in the register of technical approval by the competent canal officer;

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(f) Execution of works

(i) works administratively approved by water users’ associations and technically sanctioned by the competent authority shall be taken up by the water users’ associations at minor or distributary level as the case may be for the execution of works according to the specification of Irrigation Department;

(ii) the Chairperson or members of managing committee of water users’ associations shall not execute works directly in their individual capacity;

(iii) the cost of executed works shall not exceed the estimated cost;

(iv) water users’ associations may execute works through muster roll, voluntary labour or contractor as may be needed;

(v) in case of works executed by muster roll, the details of payment to the labourers shall be kept in Form 2 by the water users’ associations;

(vi) in case of works executed by contractor, water users’ associations shall issue work order in Form number 3 or make an agreement with the contractor as may be needed;.

(vii) the bill for payment shall be submitted by contractor to the water users’ associations in Form 4;

(viii) entries in Form 2 and Form 4 shall be made as a voucher of the cash book and kept with the water users’ associations;

(ix) work order shall be issued by the Chairperson of water users’ associations under his seal and signature and executed by sub-committee of works;

(x) all records of works shall be kept in the custody of the Secretary of water users’ associations.

(g) Measurement of works

(i) measurement of works for its quantification shall be recorded by the sub-committee of works.

In case of inability of any water users’ associations in recording measurements, the junior engineer of Irrigation Department shall record measurement on behalf of such water users’ associations and also make it capable of recording measurement;

(ii) measurement recorded by sub-committee of works shall be approved by managing committee of water users’ associations and submitted to the competent canal officer for verification;

(iii) the competent canal officer shall verify at least 10% of measurement within 15 days from the date of submission;

(iv) in case of measurement not verified by the competent canal officer within 15 days, the measurement shall be deemed to be verified by the competent canal officer and payment may be made by the water users’ association.

(h) Publication of works List of works to be taken up along with the estimated amount and the name of executing agency shall be given wide publicity by means of display of notice in the office of water users’ associations and at the place of work.

(i) Payment of works

(i) running payment may be done by water users’ associations after the verification of measurement by the competent canal officer;

(ii) water users’ associations shall call general body meeting before the final payment for giving information about expenditure, quantity of work, quality of work etc. The competent canal officer shall also participate in the meeting. Monitoring report shall also be presented in the said meeting;

(iii) final payment shall be made only after the general body has passed a resolution to that effect;

(iv) payment exceeding one thousand rupees shall be made through cheque.

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(j) Monitoring of work

(i) execution of work shall be monitored by sub-committee of works;

(ii) the competent canal officer shall also monitor works.

(k) General provisions

(i) no water users’ associations shall have power to interfere with the cross section, L-section of canal and designed hydraulic structure/ parameters of the irrigation system. Any violation shall invite penal provision under section 33 of the Act;

(ii) maximum 5 % of annual budget may be utilized for petty works;

(iii) fund generated by the membership fee shall not be utilized on any work;

(iv) operation and maintenance works shall be executed in such manner that tail of canal may be fed;

(v) breach of a canal or its obstruction during its running shall be immediately repaired by water users’ associations. Such expenditure shall be borne by the funds of water users’ associations and estimate of such work shall be approved by the managing committee before payment. The Secretary of the managing committee shall inform such approval to the competent canal officer;

(vi) every work and expenditure made under sub-clause (v) during each month shall be approved by sub-committee of works of the water users’ association;

(vii) all expenditure shall be supported by a receipt and voucher which shall be duly passed for payment by the Chairperson;

(viii) all expenditure shall be approved by the managing committee of the water users’ association after every three months.

SCHEDULE-VI The general body meetings of water users’ associations shall be held in following manner,-

(1) General body meeting

(i) the meeting of the general body of a water users’ association shall be held at least twice in a year, once before kharif and once before rabi season. The meeting shall be presided over by the Chairperson. In the absence of the Chairperson, the senior most member amongst the members present shall preside over the meeting;

(ii) the meeting of general body may also be called at any time by the Chairperson or on the request of one third members of the managing committee or on request of members of general body through a requisition signed by not less than one third of the total members who have voting rights;

(iii) general body meeting shall also be held on direction of the Government or of the registrar or the next higher level water user association in respect of matters relating to urgent public importance.

(2) Notice of general body meeting

(i) notice of a general body meeting shall be given by the Secretary of water users’ association to all its members at least seven days in advance specifying the place, date, time and agenda items for the meeting. In case of emergency, a meeting may be called at three days advance notice;

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(ii) notice may be given by hand or by post or publication or by beat of drum or by other means best suited to Secretary and it shall be pasted on the notice board of concerned Gram-Panchayats.

(3) The quorum of general body

(i) The quorum of general body meeting shall be one/fifth of the total members of general body;

(ii) if there is no quorum for the meeting, it shall be deemed adjourned and be convened within a week as the managing committee determines. In such meeting, no quorum shall be necessary and the members present may transact the business for which the meeting was called for.

(4) Minutes of meeting:-

(i) in a general body meeting, the items specified in the agenda alone shall be discussed. No other subject shall be discussed without the prior permission of the Chairperson or the majority decision of the members present in the meeting.

(ii) every proceeding of the general body shall be recorded in the minute’s book and maintained by the Secretary with the consent of the Chairperson of the water user’s associations. A copy of minutes shall be sent to the competent canal officer and next higher level water user association.

Special Invitee: The competent canal officer, officers from agriculture department, command area development and other departments may be invited in the general body meeting of water users’ associations at the end of each crop season.

SCHEDULE-VII Functions of Seenchpal, Seench Pervakshak, Jiledar and Deputy Revenue Officer shall be:- (A)Functions of Seenchpal:- Every seenchpal shall,- i) record area of irrigation as it progresses;

(ii) make kulaba samitis capable in preparation of warabandi and recording of irrigation.

(iii) implement the decision of Participatory Irrigation Management cell at division;

(iv) participat in the meeting of kulaba samiti and alpika samiti;

(v) record and reporting of gauges and send it to the deputy revenue officer, sub division, division and jiledar;

(vi) report of correctness of outlets to the deputy revenue officer and executive engineer;

(vii) conduct election of water user’s association.

(B) Functions of Seench Parvekshak:- Every seench pervekshak shall,-

(i) prepare jamabandi;

(ii) monitor functions of seenchpal;

(iii) assist water users’ associations in performing their functions;

(iv) conduct election of water user’s associations.

(i) check and maintain gauge readings;

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(ii) assist water users’ associations in revenue matters;

(iii) supervise jamabandi;

(iv) monitor non agricultural water use;

(v) monitor and checking of outlets;

(vi) conduct election of water user’s associations.

(E) Functions of Deputy Revenue Officer:- Every Deputy Revenue Officer shall,-

(i) take up cases for trial of canal offence under the provision of the Act;

(ii) monitor revenue staff in performing their functions;

(iii) maintain gauge register and outlet register;

(iv) finalize jamabandi and get it approved by Executive Engineer and a copy shall be made available to the water user association at alpika;

ANNEXURE-A AGREEMENT BETWEEN IRRIGATION DEPARTMENT AND WATER USERS’ ASSOCIATION This agreement has been made on the …………………….between the …………………………………………………………………………………. (on behalf of Governor of Uttar Pradesh ) hereinafter called the first party and the Chairperson of water users’ association at ……….level (on behalf of water users’ association at …………level registered under the Uttar Pradesh Participatory Irrigation Management Act,2009 having registration number………………dated……..and its office at village……………Post Office………….Tehsil………….District……………….hereinafter called the second party.

AGREEMENT Both the parties shall abide by the following conditions:-

(1) that the provisions of the Uttar Pradesh Participatory Irrigation Management Act, 2009 (U.P.

Act no 4 of 2009) and the Uttar Pradesh Participatory Irrigation Management rules, 2010 shall be strictly followed by both the parties;

(2) that the first party shall empower the second party to play their role as an effective instrument of Participatory Irrigation Management as provided in the Uttar Pradesh Participatory Irrigation Management Act, 2009 (U.P. Act no 4 of 2009);

(3) that the first party shall hand over the management of the irrigation system for equitable distribution of water and its efficient and optimum use within the area of operation i.e. an area of……………….under the command of…………….. to the second party;

(4) that the first party shall hand over the operation and maintenance of irrigation and drainage systems including its structure of ……………...Km of………………..canal and………………..Km of……………… drain to the second party;

(5) that the first party shall give technical assistance and guidance to the second party in managing and carrying out Operation and maintenance and repair works of the canals;

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(6) that the first party shall assist the second party to become capable in irrigation recording, collection of water charges, preparation of warbandi, and water budget, water accounting, maintenance of cheque book & pass book, writing cash book etc;

(7) that the first party shall provide a copy of roster and supply water at the supply point in accordance with the roster to the second party ;

(8) that the first party shall take immediate action for closing or opening of canal water supply in case of natural calamities etc;

(9) that the first party shall provide funds to the second party and the water users’ associations under the jurisdiction of the second party for operation and maintenance of canal in proportion of its command area from the funds available with the first party in the head of maintenance of canals. Fund from such head shall be provided till the availability of the funds for the second party with the first party in accordance with the rule 27 of the Uttar Pradesh Participatory Irrigation Management rules, 2010;

(10) that the first party may suspend or terminate the agreement and hand over the management to another water users’ association for such period as may be determined by the first party in case of repeated negligence of the second party to take corrective action within a period as specified by the first party to bring improvements in the management of the system;

(11) that the first party shall maintain a complaint register at the divisional or sub-divisional office .Any member of the second party may make complaint in such register. The compliance to such complaints shall be ensured within 15 days from the date of entry in such register by the first party;

(12) that the first party shall provide all supports to the parties that enters into an agreement with the second party for performing their functions as given in the Uttar Pradesh Participatory Irrigation Management Act, 2009 (U.P. Act no 4 of 2009) and the Uttar Pradesh Participatory Irrigation Management rules, 2010;

(13) that the second party shall execute all civil works in accordance with the provisions of SCHEDULE V of Uttar Pradesh Participatory Irrigation Management Rules, 2010;

(14) that the second party shall conduct its General body meeting in accordance with the provisions of

SCHEDULE VI of Uttar Pradesh Participatory Irrigation Management rules, 2010;

(15) that the second party shall open an account in a scheduled bank or post office in its name. Funds obtained from the Government shall be deposited into the said account. The account shall be operated jointly by the Competent Canal Officer and the Treasurer of the second party. The cash book, cheque book and accounts of expenditure with appropriate vouchers and receipts shall be maintained by the Treasurer of the second party;

(16) that the second party shall open another account in a scheduled bank or post office in its name. Funds generated by the second party shall be deposited into the said account. The account shall be operated jointly by the Secretary and the Treasurer of the second party. The cash book, cheque book and accounts of expenditure with appropriate vouchers and receipts shall be maintained by the Treasurer of the second party;

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(17) that all the expenditure shall be supported by a receipt or voucher which shall be duly passed for payment by the Chairperson of the second party;

(18) that all the expenditure shall be approved by the managing committee of the second party after every three months;

(19) that the second party shall move for its account to be audited by an auditor authorized under the Uttar Pradesh Participatory Irrigation Management Rules, 2010 at the end of each financial year and not later than 3 months after the commencement of new financial year;

(20) that the second party shall submit audit report along with the compliance to the first party and also to the immediate upper level water users’ association before the time fixed by the first party;

(21) that the second party shall maintain a site inspection book. Any officer of the first party shall write his instruction in such book during his field visits. The second party shall be duty bound to follow instructions if any made in the site inspection book;

(22) that the second party shall do all things necessary, proper or expedient for the safety and security of the irrigation system and Government property under its control and management;

(23) that the second party shall maintain a complaint register at their office. Any member of the second party may make complaint in such register. Compliance to such complaints shall be ensured within 15 days from the date of entry in such register by the Secretary of the second party;

(24) that the dispute or difference arises between both parties shall be referred to the State Government and the decision of the State Government shall be final and binding.

(……………………….)

Signature and seal of Competent authority (…………………….)

Signature and seal of the Chairperson Witness Witness

1.(a) Name ……………………

(b) Signature………………

2. .(a) Name ……………………

(b) Signature………………

1.(a) Name ……………………

(b) Signature………………

2.(a) Name ……………………

(b) Signature………………

mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 113 ANNEXURE-B AGREEMENT BETWEEN WATER USERS’ ASSOCIATIONS This agreement has been made on the ……………………. between the Chairperson of water users’ association at ……………level (on behalf of water users’ association at ……….level) hereinafter called the first party having registration number……………dated……………and its office at village…………post office…………….Tehsil………….District………..and the Chairperson of water users’ association at ……….level (on behalf of water users’ association at …………level ) hereinafter called the second party having registration number………………dated……..and its office at village……………Post Office………….Tehsil………….District……………….

AGREEMENT Both the parties shall abide by the following conditions:-

(1) that the provisions of the Uttar Pradesh Participatory Irrigation Management Act, 2009 (U.P.

Act no 4 of 2009) and the Uttar Pradesh Participatory Irrigation Management rules, 2010 shall be strictly followed by both the parties;

(5) that the first party shall assist the second party to become capable of recording of water supply, collection of water charges, preparation of warbandi and water budget, water accounting, maintenance of cheque book & pass book, writing cash book etc;

(6) that the first party shall provide a copy of roster and supply water at supply point in accordance with the roster to the second party;

(7) that the second party may take all kind of assistance of the Irrigation Department under the agreement made between the first party and Irrigation Department in accordance with the provisions of the Uttar Pradesh Participatory Irrigation Management Act, 2009 and the Uttar Pradesh Participatory Irrigation Management rules, 2010;

(8) that the first party shall take immediate action for closing or opening of canal water supply in case of natural calamities etc;

(9) that the first party may suspend or terminate the agreement and hand over the management to another water users’ association for such period as may be determined by the first party in case of repeated negligence of the second party to take corrective action within a period as specified by the first party to bring improvements in the management of the system;

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(10) that the first party shall maintain a complaint register.Any member of the second party may make complaint in such register. The compliance to such complaints shall be ensured within 15 days from the date of entry in such register by the first party;

(11) that the second party shall execute all civil works in accordance with the provisions of SCHEDULE V of Uttar Pradesh Participatory Irrigation Management Rules, 2010;

(12) that the second party shall conduct its General body meeting in accordance with the provisions of

SCHEDULE VI of Uttar Pradesh Participatory Irrigation Management rules, 2010;

(13) that the second party shall open an account in a scheduled bank or post office in its name. Funds obtained from the Government shall be deposited into the said account. The account shall be operated jointly by the Competent Canal Officer and the Treasurer of the second party. The cash book, cheque book and accounts of expenditure with appropriate vouchers and receipts shall be maintained by the Treasurer of the second party;

(14) that the second party shall open another account in a scheduled bank or post office in its name. Funds generated by second party shall be deposited into the said account. The account shall be operated jointly by the Secretary and the Treasurer of the second party. The cash book, cheque book and accounts of expenditure with appropriate vouchers and receipts shall be maintained by the Treasurer of the second party;

(15) that all the expenditure shall be supported by a receipt or voucher which shall be duly passed for payment by the Chairperson of the second party;

(16) that all the expenditure shall be approved by the managing committee of the second party after every three months;

(17) that the second party shall move for its account to be audited by an auditor authorized under the Uttar Pradesh Participatory Irrigation Management Rules, 2010 at the end of each financial year and not later than 3 months after the commencement of new financial year;

(18) that the second party shall submit audit report along with the compliance to the first party and also to the competent canal officer before the time fixed by the first party;

(19) that the second party shall maintain a site inspection book. Any officer of the Irrigation Department shall write his instruction in such book during his field visits. The second party shall be duty bound to follow instructions if any given in the site inspection book ;

(20) that the second party shall do all things necessary, proper or expedient for the safety and security of the irrigation system and Government property under its control and management;

(21) that the second party shall maintain a complaint register at their office. Any member of second party may make complaint in such register. Compliance to such complaints shall be ensured within 15 days from the date of entry in such register by the Secretary of the second party.

(22) That the dispute or difference arises between both parties shall be finally resolved by the appellate officer of the first party as designated in rule-35 of the Uttar Pradesh Participatory Irrigation Management rules,

2010. The decision of appellate officer shall be binding.

mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 115 (……………………….)

Signature and seal of The Chairperson of water users’ association at …….level (…………………….)

Signature and seal the Chairperson of water users’ association at ……..level Witness Witness

1. (a) Name ……………………

(b) Signature………………

2.(a) Name ……………………

(b) Signature………………

1.(a) Name ……………………

(b) Signature………………

2.(a) Name ……………………

(b) Signature………………

ANNEXURE-C

1. The Engineer-in-Chief of the Irrigation Department shall be the Chief Election Officer and the Chief Engineer level 2 of the project of the Irrigation Department shall be the Election Officer for the purpose of conducting elections of a water user’s association in his jurisdiction.

2. The election of members of managing committee of water users’ association shall be conducted under the supervision, direction and control of the Election Officer.

3. The Superintending Engineer shall be the Deputy Election Officer for the purpose of assisting the Election Officer.

4. The Election Officer shall appoint the following officer for the purpose of conducting elections of water users’ association:— a) The Returning Officer who shall be an Executive Engineer;

b) The Assistant Returning Officer who shall be an Assistant Engineer or Deputy Revenue Officer;

c) The Sector Magistrate who shall be an Assistant Engineer or Deputy revenue officer or Junior engineer or Ziledar;

d) The Presiding Officer who shall be a Senior Clerk or Seenchparvekshak;

e) The Polling Officer who shall be a Seenchpal or Junior Clerk or fourth class employee of the division.

5. The Deputy Election Officer shall, subject to such directions as may be issued by the Election Officer, create as many polling stations as are necessary for the conduct of election.

6. If a Presiding Officer owing to illness or due to unavoidable causes is absent from the polling station, his function shall be performed by such polling officer who has been authorized by the Returning Officer/ Assistant Returning Officer to perform such function during the absence.

mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 116

7. The Election Officer may take necessary actions for deployment of employees of the department other than Irrigation Department as Sector Magistrate, Presiding Officer, Polling Officer vehicles, if he thinks necessary for the purpose of conducting election in transparent and fare manner. The concerned District Magistrate shall provide all kinds of assistance to the Election Officer for the conduction of transparent and fare election.

Preparation of Electoral Roll

8. For each sub command or reach of a kulaba or minor or distributary or branch as the case may be, an electoral roll shall be prepared under the supervision, direction and control of the Election Officer in accordance with the plan and guidelines issued by chief Election Officer.

9. The Deputy Election Officer shall supervise and perform all functions relating to the preparation, revision and correction of electoral rolls.

10. The preparation, revision and correction of electoral rolls shall be done by such persons and in such manner as may be decided by the Chief Election Officer.

11. The electoral roll shall be affixed on divisional office, panchayat bhawan and other prominent places as the Deputy Election Office directs.

12. Any alteration or correction desired by land holders in electoral roll of kulaba sub command shall be made within 15 days of its publication.

13. All valid alteration or corrections shall be incorporated in the electoral roll of kulaba sub command and shall be finally published by the Returning Officer with prior approval of the Election Officer.

14. The Election Officer shall make any correction based on any valid complaints at any time in the electoral roll of kulaba sub command if he thinks necessary.

Public Notice of Election

15. The election shall be held for the purpose of constituting a water user’s association after the commencement of the Participatory Irrigation Management Act, 2009 or on the expiration of the term of the water user’s association or on vacancy in such office either by death, resignation or recall.

16. For the purpose of rule 15 The Election Officer shall subject to such directions as may be issued by the State Government in pursuance of and in consonance with the provisions of the Act in this behalf publish a notice in Form E1 for conducting the elections of the members of managing committee of water users’ associations.

17. The list of persons who have not paid any sum due by him under the Northern India Canal and Drainage Act, 1873 for a period of three years or more shall be prohibited to contest in the election.

18. On the issue of the notice under rule 16 the Deputy Election Officer shall give public notice for the elections of water users’ association in Hindi language by affixing notice at conspicuous places of the local area concerned.

19. The dates fixed for the various stages of the election shall be:— mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 117

(i) The last day for making nominations shall not be earlier than 4th day and not later the 7th day after the publication of the notice excluding holidays.

(ii) The date for the scrutiny of nominations shall be the day immediately following the last date for making nominations excluding holidays.

(iii) The last date and time for withdrawal of the candidature shall not be later than 3:00 PM of the 7th day succeeding the day appointed/fixed for scrutiny of the nomination excluding holidays.

(iv) The date or dates for the poll to be taken shall not be earlier than 15th day after the last date of candidature withdrawal.

20. The poll shall be commenced on the day fixed, at the time and shall be closed at the time as decided by the Election Officer.

21. Counting shall be commenced on the date fixed by the Deputy Election Officer at the divisional office and results shall be declared accordingly by the Returning Officer.

Special Election

22. Notwithstanding anything contained in these rules, where the election process is interrupted or the election programme has to be altered on account of the orders of any court of law or for other valid reasons recorded in writing, it shall be in competency of the Election Officer either generally or in respect of specified water users’ association to alter the election programme as he deems fit in the circumstances of the case without having regard to rule and the Election Officer shall give effect to the same, provided that where the election programme is re-notified under this rule commencing from the making of nominations, the nominations already made shall be cancelled and deposits, if any, shall be refunded.

Nomination of Candidates

23. Any person qualifying to be elected to fill the seat under the provision of the Act may file nomination paper of the candidature of members of managing committee in Form E2 as the case may be. The candidate shall also sign the declaration on the nomination paper. Each candidate shall fill his nomination on separate Form.

24. On or before the date appointed, each candidate shall submit his duly completed nomination paper signed by the candidate to the Returning Officer or Assistant Returning Officer.

25. On receiving nomination papers, the Returning Officer or Assistant Returning Officer shall forthwith number the nomination paper serially in the order in which it is received and give a receipt in prescribed Form.

Security Deposit

26. A candidate shall not be deemed to be duly nominated for election of office of the members of managing committee unless he has deposited or cause to be deposited as security deposit to the Returning Officer or Assistant Returning Officer in cash at the time of submission of nomination paper. The security deposit shall be as:-

(i) for the Member of managing committee of Kulaba Samiti Rs. 1000 mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 118

(ii) for the Member of managing committee of Alpika samiti Rs. 1500

(iii) for the Member of managing committee. of Distributary Samiti Rs. 2000

(iv) for the Member of managing committee of Branch Samiti Rs. 2500 Such security deposits shall be reduced to 25% for candidates belonging to the Scheduled Castes or Scheduled Tribes or person of below poverty line.

27. If a candidate is not elected and number of valid votes polled in his favour does not exceed 33% or above of the total number of votes polled to all candidates, the security deposit shall be forfeited to the Government.

28. The security deposited in respect of a candidate shall, if it is not forfeited, be returned to the candidate within 30 days from the declaration of the results.

29. The security deposit shall be returned to the eligible or the legal heir of a candidate in the event of his death.

30. After declaration of results, deputy the Election Officer shall pass an order as to whether a security deposit shall be refunded or forfeited.

31. The amount of forfeited security deposits shall be remitted to the Government by the Retuning officer.

Publication of Nominations

32. Immediately after expiry of the time specified for receipt of the nomination papers on the date fixed for that purpose, the Returning Officer or Assistant Returning Officer shall affix notice at his office in Hindi language a list of all nominations received in Form E3.

Scrutiny of Nomination Papers

33. The Returning Officer shall examine the nomination papers and decide on all the objections which may be made to any nomination and may either on such objection or on his own notion after summary enquiry as he thinks necessary, reject any nomination on any of the following grounds :—

(i) the candidate is disqualified for the election of members of the managing committee;

(ii) the name of candidate is not registered in the voter list;

(iii) the candidate has failed to comply with any of the provision of security deposit and nomination rules;

(v) the signature or the thumb impression of the candidate in the nomination paper is not genuine;

(vi) water charges has not been paid for a period of three years or more.

Provided that returning officer shall not reject any nomination papers on the ground of merely clerical or printing error or any defect which is not of a substantial character.

34. The Returning Officer shall endorse on such nomination paper his decision of accepting or rejecting the same and if the nomination paper is rejected, he shall record it in writing giving brief statement of reasons for such rejection.

35. Immediately after all nomination have been scrutinized and decision regarding accepting or rejecting the same have been recorded, the Returning Officer shall prepare a list of valid nominated candidates and affix it on the notice board in Form E4.

mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 119 Withdrawal of Candidature

36. A candidate may withdraw his candidature by giving a notice in Form E5 to the Returning Officer or Assistant Returning Officer at any time after the submission of nomination paper and not later than 5:00 PM of the third day succeeding the day appointed for scrutiny of the nomination.

37. The Returning Officer on receiving a notice of withdrawal under rule 36, as soon as may be, cause a notice of the withdrawal to be affixed on notice board in Form E6.

38. If a candidate withdraw his nomination, his security deposits shall be to him immediately.

Publication of List of Contesting Candidates:

39. 3 days after scrutiny of the nominations, the Returning Officer shall prepare in Hindi a list of persons whose nomination have been finalized and affix it on notice board of his office and also affix a notice on panchayat bhawans of Panchayats in Form E7.

40. If poll is found to be necessary, the Deputy Election Officer shall assign to each candidate a distinctive symbol.

41. The Returning Officer shall inform to election agents, candidates and other persons as he think fit, regarding symbols assigned to candidate and specimen has also to be supplied by the Returning Officer to the above.

Declaration of Results of Uncontested Candidates

42. If the number of contesting candidates is more than one, poll shall be conducted.

43. If there is only one validly nominated candidate, the Deputy Election Officer shall forthwith declare such candidate as duly elected and send the same to the Election Officer.

Death of Candidate before Poll

44. If a contesting candidate dies and report of his death is received before commencement of the poll, the Deputy Election Officer shall, after being satisfied of the fact of death of the candidate, countermand the poll and election proceeding shall be started afresh in all respects as if it is a new election provided that no fresh nomination, shall be necessary in the case of a candidate who stood validly nominated at the time of countermanding the poll provided further that no person who has given a notice of withdrawal of his candidature before the countermanding of the poll, shall be ineligible for being nominated as a candidate for the election after such countermanding.

Appointment of Agents

45. The Returning Officer may authorize such number of persons as he deems necessary for the conduct of elections as election agent, polling agent and counting agents in Form E8, E9 and E10.

46. The proposal for such functionaries shall be proposed by contesting candidate approved and signed by the Returning Officer in prescribed Form.

Voting

47. Where the election is to be conducted, the Deputy Election Officer shall forthwith appoint one Presiding Officer at each polling station. He shall also provide, for each Presiding Officer, such number of polling officers as may be necessary. He may also appoint some identifying officer.

mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 120

48. The Presiding Officer shall see that the election is fairly conducted and to that end keep order at polling station to regulate the number of electors to be admitted at one time and shall exclude all people other than:-

(i) The candidate and polling agent;

(ii) The police or the public servants on duty;

(iii) Polling officer;

(iv) Person authorized by Government;

(v) A person accompanying a blind or infirm elector who cannot move without help;

(vi) A child in arms accompanying an elector;

(vii) Authorized identifying officer.

49. Where a woman elector cannot be identified by the Presiding Officer, she may be required to be identified by any of her near relatives unless she otherwise satisfies the Presiding Officer of her identity. The decision of the Presiding Officer shall be final in this case.

Arrangements of Polling Station

50. Outside each polling station there shall be displayed prominently,-

(a) Copy of the list of contesting candidates with their assigned symbol;

(b) Polling station shall contain one or more separate compartments in which electors are to cast their votes.

51. The Presiding Officer shall provide at each polling station sufficient number of ballot boxes, together with copies of the electoral roll and such other papers and articles necessary for election to mark the ballot paper stationary and Forms as may be necessary.

Preparation of Ballot Box

52. The Presiding Officer shall affix his own signature on the paper seal and obtain there on the signature of such of the candidates or elections agents or polling agents.

53. The Presiding Officer shall thereafter fix the paper seal so signed on the ballot box and then secure and seal the box in such manner that the slit for insertion of ballot there in remains open.

54. Every ballot box used at a polling station shall bear label both inside and outside marked with,-

(a) Description of polling station;

(b) Serial no. of ballot box;

55. Immediately before commencement of the poll, the Presiding Officer shall demonstrate to polling agents and other persons present that the ballot box is empty and bears labels as in rule 54.

56. The ballot box shall then be closed, sealed, secured and placed in full view of the Presiding Officer and polling agents.

57. Immediately before commencement of the poll, the Presiding Officer shall demonstrate to the polling agents and other person present there the copy of voter’s list to be used during polling.

Form of Ballot Paper

58. Every ballot paper shall have a counter foil attached.

59. Every ballot paper shall contain following details on their back side.

mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 121 a. Ballot paper for Kulaba Samiti Name of division Name of minor Kulaba Number Kulaba Sub command Number b. Ballot paper for alpika Samiti Name of division Name of alpika Name of alpika Reach (head/middle/tail) c. Ballot paper for rajwaha Name of division Name of rajwaha Name of rajwaha reach d. Ballot paper for shakha Name of shakha Name of shakha reach

60. Ballot paper of all 6 sub commands of Kulaba Samiti shall be in different colors.

61. Ballot papers of reach of alpika or rajwaha or shakha shall be in different colors.

62. Every ballot paper shall be signed by the Presiding Officer.

Issue of Ballot Papers

63. (1) Immediately before any ballot paper is issued to an elector the Presiding Officer shall:—

(a) call upon the number, name and description of the elector as stated in voter list;

(b) record on its counter foil the serial number of the elector written in the voter list and obtain the signature or thumb impression of the elector on the said counter foil and shall mark underline the entry relating to the election in the copy of voters list;

(2) The polling officer shall apply the indelible mark on the ridge between the skin and root of the nail of left hand forefinger.

Maintenance of Secrecy of Voting by Electors and Voting Procedure

64. Every elector to whom a ballot paper has been issued shall maintain secrecy of voting within the polling station and for that purpose observe the voting procedure hereafter laid down.

65. The elector on receiving the ballot papers, shall forthwith:-

(a) proceed to one of the voting compartments;

(b) make a mark on the ballot paper with the instrument supplied for the purpose on or near the symbol allotted to the candidate for whom he intends to vote;

(d) insert the folded ballot paper into the specified ballot box and;

(e) leave the polling station by the exit provided.

66. Every elector shall vote without undue delay.

67. No elector shall be allowed to enter into voting compartment when another elector is inside it.

68. If an elector to whom a ballot paper has been issued refuses for vote, after warning given by the Presiding Officer to observe the procedure laid shown in rule 65, the ballot paper issued to him mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 122 shall whether he has recorded his vote thereon or not, be taken back from him by the Presiding Officer or Polling Officer under the direction of the Presiding Officer.

69. After the ballot paper has been taken back, the Presiding Officer shall record on its back the word "Cancelled" voting procedure violated" and put his signature below these words and all such papers shall be kept in a separate cover which shall' bear on its face the words "Ballot papers-voting procedure violated".

Blind and Infirm Voters

70. If owing to blindness or other physical infirmity an elector is unable to recognize the symbols on the ballot paper or to make thereon, the Presiding Officer shall record the vote on the ballot paper in accordance with the wishes of the elector, fold it so as to conceal the vote and insert it into the ballot-box.

71. While acting under this rule, the Presiding Officer shall observe secrecy and shall keep a brief record of each such instance but shall not indicate therein the manner in which any vote has been given.

Closing of poll and sealing of Ballot Boxes and covers after poll:-

72. The Presiding Officer shall close the polling station at the hour appointed for closing and shall not thereafter admit any elector into a polling station.

Provided that all elector present at the polling station before it is closed shall be allowed to cast their votes.

73. If any question arises whether an elector was present at the polling station before it was closed it shall be decided by the Presiding Officer and his decision shall be final.

74. The Presiding Officer of each polling station as soon as practicable after the close of the poll shall close the slit of ballot box and where the box does not contain any mechanical devise for closing the slit, he shall seal up the slit and also allow any polling agent present to affix his seal. The ballot box shall thereafter be sealed and secured.

75. The Presiding Officer of each polling station, as soon as practicable after the close of the poll, shall in the presence of any candidate or polling agents who may be present make up the following into separate packets and seal with his own seal and the seals of such candidates or agents as may decide to affix their seals,-

(i) The unused ballot papers;

(ii) The marked copy of the electoral roll;

(iii) Counterfoils of used ballot papers; and

(iv) The ballot papers cancelled for violation of voting procedure.

76. Each packet shall be numbered and shall bear a note as to its contents, description of the election and the polling stations. Where no vote has been recorded at any polling station, the Presiding Officer shall submit a “nil’ report together with the statement.

Account of Ballot Papers, Ballot Boxes, Packet etc. —

77. The packets shall be accompanied by a statement in a separate cover made by the Presiding Officer showing the number of ballot papers in the ballot boxes and unused ballot papers. The Presiding Officer shall then deliver or cause to be delivered to the Returning Officer at such mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 123 place as the Returning Officer may direct,-

(a) the ballot boxes or, the bags or covers as the case may be;

(b) the ballot paper account or accounts;

(d) all other papers used at the poll.

78. The Election Officer shall make adequate arrangements for the safe transport of all ballot boxes, packets and other papers and for their safe custody until commencement of the counting of votes.

Opening of Ballot Boxes and Counting of Votes—

79. The Retuning Officer shall, at-least three days before the date of counting fixed the time and place or places where the counting of votes will be done and shall give notice of the same in writing to each candidate or his election agent. Votes shall be counted under the supervision of the Returning Officer.

The Returning Officer shall appoint such number of counting assistants as may be necessary to assist him in counting of votes. Each candidate, election agent of each candidate, and one representative of each candidate authorized in writing by the candidate shall have a right to be present except such person or persons as the Returning Officer may appoint to assist him in counting of votes. No person shall be appointed to assist in counting the votes who has been employed by or on behalf of any candidate or any person whatsoever connected with the election of a candidate.

80. (a) The Returning Officer shall open, or cause to be opened, the ballot box used at polling station and shall have the total number of ballot papers found in such box counted and recorded .

(b) Discrepancy, if any, between the total number of such ballot papers recorded as aforesaid and the total number of ballot papers issued to voters minus the number of ballot papers cancelled thereof shall also be recorded.

(c) Before any ballot box is opened for counting of votes the counting agents presents there shall be allowed to inspect the paper seal or such other seal as might have been affixed thereon and to satisfy themselves that the ballot box is intact.

(d) The Returning Officer shall satisfy himself that none of the ballot boxes has in fact been tampered with in any way.

(e) If the Returning Officer is satisfied that any ballot box has in fact been tampered with, he shall not count the ballot papers contained in that box and shall follow the procedure of re-poll laid in rules in respect of that polling station.

81. The Returning Officer shall, as far as practicable, proceed continuously with the counting of votes, and shall, during any necessary intervals during which the counting has to be suspended and place ballot papers, packets and other documents relating to election under its own seal and seals of such candidates or agents as may desire to affix them and shall cause adequate precautions to be taken for their safe custody.

Admission to the Place Fixed for Counting

82. The Returning Officer shall exclude from the place fixed for counting of votes all persons except,-

(a) such persons to be known as counting supervisors and counting assistants as he may mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 124 appoint to assist him in the counting;

(b) persons authorized by the Government;

(d) candidates, their election agents and one representative of each candidate appointed in writing by the candidates as counting agents.

Rejection of Ballot Papers

83. The Returning Officer shall reject a ballot paper,-

(a) If it bears any mark of writing by which the elector can be identified; or

(b) If it bears no mark at all to indicate the vote or it bears a mark elsewhere thereon or near the symbol of one of the candidates on the face of the ballot paper or it bears a mark made otherwise than with the instrument supplied for the purpose; or

(c) if votes are given in favour of more than such number of candidates as the number of seats are require to be filled; or

(d) if the mark indicating the vote thereon is placed in such manner as to make it doubtful as to which candidate the vote has been given, or

(e) if it is a spurious ballot paper; or

(f) if it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established;

(g) if it bears a serial number or is of a design, different from the serial numbers or design, as the case may be, of the ballot papers authorized for use at the particular polling station; or

(h) if it does not bear both the distinguishing mark and the signature which it should have borne under the provisions of rule.

Provided that where the Returning Officer is satisfied that any such defect as is mentioned in clause (g) or clause (h) has been caused by any mistake or failure on the part of a Presiding Officer or Polling Officer the ballot paper shall not be rejected merely be the reason of such defect ;

84. A ballot paper shall not be rejected merely on the ground that the mark indicating the vote is indistinct or made more than once, if the intention that the vote shall be for a particular candidate clearly appears from the way the paper is marked.

85. Before rejecting the ballot paper under rule 83 the Returning Officer shall allow each counting agent present a reasonable opportunity to inspect the ballot paper but shall not allow him to handle it or any other ballot paper.

86. The Returning Officer shall endorse on every ballot paper which he rejects the word “Rejected” and the grounds of rejection in abbreviated form either in his own hand or by means of a rubber stamp and shall initial such endorsement.

87. All ballot papers rejected under this rule shall be bundled together.

88. Every ballot paper which is not rejected under this rule 83 shall be counted as one valid vote;

89. After counting of all ballot papers contained in the ballot box have been completed, the Returning Officer shall make the entries in a result sheet in prescribed Form and announce the mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 125 particulars.

90. The decision of the Returning Officer as to the validity of a ballot paper shall be final subject to scrutiny only.

Recount of Votes

91. After such announcement has been made, a candidate or, in his absence, his election agent or any of his counting agents may apply in writing to the Returning Officer for recounting of the votes either wholly or in part stating the grounds on which he demands such recount.

92. On such an application being made, the Returning Officer shall decide the matter and may allow the application in whole or in part or may reject in wholly if it appears to him to be frivolous or unreasonable.

93. Every decision of the Returning Officer under rule 92 shall be in writing and contain the reason therefore.

94. If the Returning Officer decide under rule 92 to allow a recount of the votes either wholly or in part he shall,-

(a) arrange for the recounting in accordance with rule laid down for the counting;

(b) amend the result sheet in prescribed Form to the extent necessary after such recount and

95. After the total number of votes polled by each candidate has been announced the Returning Officer shall complete and sign the result sheet in prescribed Form and no application for a further or second recount shall be entertained thereafter.

Equality of Votes

96. If, after the counting of the votes is completed, an equality of votes is found to exist between any candidates and the addition of one vote will lead to any of those candidates being declared elected, the Returning Officer shall forthwith decide between those candidates by lot and proceed as if the candidate on whom the lot poll had received the additional vote.

Disturbances at the Time of Counting of Votes

97. If at any time before the counting of votes is completed and ballot papers used at a polling station or at a place fixed for the poll are unlawfully taken out of the custody of the Returning Officer or are accidentally or intentionally destroyed or lost or are damaged or tampered with, to such an extent that the result of the poll at that polling station or place cannot be ascertained, the Returning Officer forthwith report the matter to the Deputy Election Officer.

98. Thereupon, the Deputy Election Officer after taking all material, circumstances into account, either,-

(a) direct that the counting of votes shall be stopped, declare the poll at that polling station or place to be void, appoint a day, and fix the hours for taking a fresh poll at that polling station or place and notify the date so appointed and hours so fixed in such manner as mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 126 he may deem fit or

(b) if satisfied that the result of a fresh poll at that polling station or place will not, in any way, affect the result of the election, issue such directions to the Returning Officer as may deem proper for the resumption and completion of the election and for further conduct and completion of the election in relation to which the votes have been counted.

99. The provisions of rules 97 and 98 and any rules or orders made there under shall apply to any and every such fresh poll as they apply to the original poll.

Sealing of Used Ballot Papers—

100. The valid ballot papers of each candidate and the rejected ballot papers shall thereafter be bundled separately and the several bundles made up into a separate packet which shall be sealed with the seals of the Returning Officer and of such of the candidates, their election agents or counting agents as may desire to affix their seals thereon, and on the packets be sealed shall be recorded the following particulars namely,-

(a) the polling station number, kulaba number, name of water user association, name of minor/distributary; and

(b) the date of counting.

Counting of Votes in Case of Fresh Poll

101. If a fresh poll is held under rule 98(a), the Returning Officer shall after completion of the poll recommence the counting of votes on the date and at the time and place which have been fixed by him in that behalf and for which notice has been previously given to the candidates or their election agents.

102. The provisions of rules shall apply so far as may be to such, further counting.

Declaration of Result

103. The Returning Officer shall,-

(a) Declare the name of candidates to whom the largest number of valid votes have been polled (to be elected) and send signed copies thereof to the Deputy Election Officer and the Election Officer.

104. Copies of result sheet shall be supplied to the contesting candidates on payment of fee as charged for supply of certified copies of other government records. Copies of result shall also be supplied to the contesting candidate on payment of rupees two for each copy. The Deputy Election Officer or Returning Officer on receipt of an application shall issue the certified copies referred to above.

mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 127 Publication of Results

105. The Returning Officer shall publish on notice board in the office of the water users’ associations concerned a notification signed by him, stating the name of the candidate duly elected.

Disposal of Ballot Papers

106. The Deputy Election Officer shall, after declaring the results forward a copy of the results to the Election Officer concerned and shall hand over the packets of ballot papers, whether counted, rejected. These packets shall not be opened and their contents shall not be inspected or produced except under the orders of the Election Officer to decide election disputes.

107. The Election Officer shall retain packets and the marked copies of the voters' list for a year and shall then cause them to be destroyed when he deems fit.

Breach of official duty in connection with the election

108. Any person to whom Participatory Irrigation Management Act-2009 applies is without reasonable cause guilty of any act or omission in breach of his official duty in connection with the election shall be punishable under section 134 of the Representation of the People Act, 1951.

109. Any person indulges in booth capturing or doing misconduct at polling station shall be punished under section 135A and 132 of the Representation of the People Act, 1951.

---------- FORM 1 [See SCHEDULE V] REGISTER OF ADMINISTRATIVE APPROVAL Name of the water users’ association Name of alpika/rajwaha Sl. No. Name of the work Estimated Amount (Rs.)

Approval Details Amount approved Remark Meeting No.

Date 1 2 3 4 5 6 mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 128 FORM 2 [See SCHEDULE V] Details of works executed through Labour by water users’ association Name of water users’ association Name of alpika/rajwaha Muster roll No.

Date S.No. Head Name of Labour Father’s Name Address Date/ Month/Year Total no. of days Rate (Per day) Total Amount Receipts/ Signature Details of work and Place …………………………………………….

Total Amount (Rs.………………………………………….).

Amount of work …………………………………… (Word) ………………………………………………… ……………… Rate ……………………………………….. Approved by sub-committee of works Total Amount………………………………………..

Rs.(………………………………) In words ( ………………) Passed for payment Voucher No ………… Date………………………………….

Seal and signature of Treasurer Signature and seal of Chairperson of water users’ association mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 129 FORM 3 [See SCHEDULE V] Format of work order for execution of works Name of water users’ association Name of alpika/rajwaha 1 Name of contractor ……………………………………… 2 Father’s Name…………………………………………….

3 Address …………………………………………………..

4 Name of work……………………………………………..

5 Place of work/Reach 6 Approximate cost of work ……………………………… 7 Date of Start………………………………………………..

8 Date of completion ……………………………………………… S.No. Approximate Quantity of work Unit Details of work Rate Total Amount Total Terms 1 Work shall be executed as per specifications of Irrigation Department 2 Deductions shall be made by water users’ association on the basis of defects in quality of work and works not completed on time 3 Contractor shall make payment to the labours as per rule.

Witness -1 Seal and signature of chairperson of water users’ association Witness -2 mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 130 FORM 4 [See SCHEDULE V] Format of Bill Submitted by Contractor to the water users’ association Bill No.

Date……….

Name of work Place/Reach of work Work Order No.

Details of Quantity S.No. Details of Work Measurement Quantity Rate Amount Length Width Height Total amount Signature of contractor Approval of sub committee of works Cheque No. ………….Date……………….

…………….Rs.(.……….). Cash Book /Voucher No. ………….Date…………..

Rs(words)…………….

Passed for Payment Seal and Signature of the Chairperson of water users’ association Seal and signature of the Treasurer mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 131 FORM 5 [See rule 26]

1. Name of minor ...........................

2. Name of Water Users Association ...............................

N o.

Name of land holder Father’s name of land holders Address Vill/Tah seel/Dist.

Plot No.

Area irrigated by Canal

(ha) Area of Plot

(ha) Irrigation by other sources

(ha) Un- Irrigate d area

(ha) non cultura ble area

(ha) By Gravi ty flow By Lift 1 2 3 4 5 6 7 8 9 10 11 FORM 6 [See rule 26]

1. Name of minor................... 2. Kulaba Number .....................

3. Chainage of Kulaba ..............4. Year of Irrigation ..........................

5. Crop season ......................... 6. Week of Irrigation recording ....................

S.No. Name of land holder Father’s name of land holders Address Vill/Ta hseel/Di st.

Plot No.

Total Area of Plot

(ha) Measurement of irrigated plot Na me of cro p Mode of irrigation Le ngt h

(m) Wi dth

(m) are a (ha ) By gra vity flo w By lift 1 2 3 4 5 6 7 8 9 10 11 12

1. Name and Designation of person recording irrigation

2. Signature .................

3. Address .......................

mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 132 Form 6A (See rule-26)

1. Name of minor....................... 2. No. of Kulaba .....................

3. Chainage of Kulaba ..............4. Year of Irrigation ..........................

5. Crop season ......................... 6. Week of Irrigation recording ....................

S.N. Name of Land holder/ Father’s Name Plot No. Time of Start of Water Deliver y Time of Finis h of Wate r Deliv ery Total time of taking Water Disch arge of Kulab a Irrigat ed area Rem ark Head Sub comm and Middl e Sub Comm and Tail Sub Com mand 1 2 3 4 5 6 7 8 9 10 Signature of Chairperson of Kulaba Samiti Signature of Person Appointed for Recording Irrigation mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 133 FORM 7 [See rule 26]

1. Name of minor....................... 2. Kulaba Number .....................

3. Chainage of Kulaba ..............4. Name of village ..........................

5. Nane of Tahsil......................... 6. Name of District ....................

7. Year of Irrigation.................. 8. Crop Season ...........................

S.No. Name of land holder Father’s name of land holders Plot No.

Total Area of Plot

(ha) Name of crop season Area irrigated

(ha) mode of irrigation Gravity flow lift Seal and Signature of chairperson of water users association at alpika level FORM 7A (See rule-26)

1. Name of minor....................... 2. No. of Kulaba .....................

3. Chainage of Kulaba .............. 4. Year of village ..........................

5. Name of Tahsil......................... 6. Name of District ....................

7. Year of Irrigation.................. 8. Crop Season ..........................

S.N. Name of Land holder Father’s Name Plot No.

Total time of taking water Total Volume of water taken Water Charges Water Charge due in previous year Total Water Charge 1 2 3 4 5 6 7 8 9 (Rs.) (Rs.) (Rs.)

Seal and Signature of the Chairperson of water users association at aplika level mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 134 FORM 8 [See rule 27]

1. Name of minor....................... 2. Year of Irrigation.....................

3. Crop Season ...........................4. Kulaba Number ……………… S.No. Name of land holder Father’s name of land holders Plot No.

Total area of plot irrigated

(ha) Water Rate Water charges water charges due in previous year Total water charges (Rs.) (Rs.) (Rs.)

Signature of Executive Engineer FORM 8A (See rule-27)

1. Name of minor.......................

2. Year of Irrigation.....................

3. Crop Season ...........................

S.N.

Name of Land holder/ Father’ s Name Kula ba No.

Plot No. Total time of taking water Disch arge of Kulab a Volum e of water taken Water Rate Water Charg e (Rs.)

Water charge due in Previo us Year (Rs.)

Tota l wate r char ge Head Sub com mand Middle Sub comma nd Tail Sub com man d (Rs.)

1 2 3 4 5 6 7 8 9

(7)x(8) x(K) 10 11

(9)x

(8) 12 K= 0.90 for Tail Sub Command K= 0.95 for Middle Sub Command K=1.0 for Head Sub Command Signature of Executive Engineer mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 135 FORM 9 [See rule 27] Seal and signature of Chairperson of alpika samiti …………………

1. Name of minor....................... 2. Kulaba Number .....................

3. Chainage of Kulaba ..............4. Name of village ..........................

5. Name of Tahsil......................... 6. Name of District ....................

7. Year of Irrigation.................. 8. Crop Season ...........................

Receipt Duplicate Receipt Book No ...........Receipt No............

Date .................sri......son of sri ................

Vill...............year of irrigation .................

Crop season ...........Name of minor..............

water charges (Rs) ............In words............

has been received Signature of appointed person by water users association Date .................sri......son of sri ................

Vill...............year of irrigation .................

Crop season ...........Name of minor..............

water charges (Rs) ............In words............

has been received Signature of appointed person by water users association FORM 10 [See rule 31] BUDGET Annual Budget for the year …………………..

Receipts Expenditure

(i) Grant-in-aid from Central Government

(ii) Grant-in-aid from State Government (i) Payment of Office Expenses and contingency, etc.

of water users’ associations

(iii) Resources from line departments and other financing agencies

(ii) Payment for maintenance workmRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 136

(iv) Income from Properties and assets (a) Silt Clearance for Distributary/Minors/Field Channels/Field drains.

(v) Fees Collected by water users’ association (b) Removal of weeds including grass, shrubs and bushes from the canal embankment and canal beds, etc.

(vii) MP (local area) development fund

(viii) Panchayats

(d) Greasing and painting of shutters,etc.

(viii) Other receipts (e) Earth work to restore bank

(f) Repair of lining, painting, plastering, replacing etc.

(g) Pay, allowances , honorarium , incentives etc

(iii) Other expenditure FORM 11 [See rule 16] Inventory of Assets Name of the water users’ associations Month Level of water users association Year Sl.

No.

Date Particulars of Item Opening Balance (Quantity) Receipt (Quantity) Issue (Quantity) Mode of Transaction (Purchase/S ale/Transfer/ Donation) Closing Balance (Quantit y) Rema rks/R efere nce Sign ature 1 2 3 4 5 6 7 8 9 10 1 Immovable Assets 1 mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 137 FORM 12A [See rule 15(1)] Water Budget of kulaba FORM 13A [See rule 15(4)] Water budget for alpika Name of alpika S.N. Kulaba No.

Total volume at kulaba head (ha-cm) Total losses in minor % Total volume required in the alpika Total volume required at the head of alpika Remark Required (from Form number 12A) Available (from Form number 12A) 1 2 3 4 5 6 7 8 S.N. Name of farmer Plot No.

Area of Plot

(ha) Name of crop Area under crop

(ha) Total Dept h of water requi red

(cm) Volume of water required by crop (ha-cm)

(6)x(7) Time of water flow as per warbandi No. of wateri ng as per roster (No. ) Discharg e of Kulaba (Cusec) Total Volu me of water availa ble (cubic ft.)

(9)x(1 0x(11 ) Total volume of water available in (hacm) 12x3530 Total volume of water arrange d by other sources

(8)-

(13) Rem ark 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 138 FORM 14A [See rule 15(7)] Water budget for rajwaha S.N. Name of alpika/direct kulaba number.

Total volume at alpika/direct kulaba head (ha-cm) Total losses in minor % Total volume required in the rajwaha Total volume required at the head of rajwaha Remark Required (from Form number 13A/12A) Available (from Form number 13A/12A) 1 2 3 4 5 6 7 8 FORM 13B [See rule 15(4)] Water account of received water in alpika S.No. Duration and quantity of water flow as per proposed roster Actual duration of water flow Date and time of gauge measurement at the head of minor Gauge readings Average gauge reading during actual flow period Quantity of water flow during actual flow duration Remark FORM 14B [See rule 15(7)] Water account of received water in rajwaha S.No. Duration and quantity of water flow as per proposed roster Actual duration of water flow Date and time of gauge measurement at the head of distributary Gauge readings Average gauge reading during actual flow period Quantity of water flow during actual flow period Remark 1 2 3 4 5 6 7 8 mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 139 FORM 13C [See rule 15(4)] Water account of distributed water by alpika to kulaba S.No. Kulaba Number Discharge of Kulaba cusec Flow duration of kulaba (date) Total time of flow in

(sec) Quantity of water flows in Kulaba

(3) x (5) Remark 1 2 3 4 5 6 7 FORM 14C [See rule 15(7)] Water account of distributed water by rajwaha to alpika and direct outlets S.No. Name of minor/ direct outlet number Discharge of minor /direct out let (Cusec) Flow duration Total time of flow in (Sec) Quantity of water flow into minor/direct out let (3)x

(5) Remark 1 2 3 4 5 6 7 Name of Minor---------------------- Kulaba Number --------------------- S.N. Name of Farmer Father’s name Address (village, Tehsil, Distt) Plot No.

Plot Area Duration of Water Allotment Day of Allotment Remark Total Time From To mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 FORM 15 (See rule 25) 140 Form-16 (See rule-40 ) Name of the Water users’ association ………………… Cash Book Cash Book Receipts For the month of ---------------------Year----------- Payment Month & Date Vr.No. Particul ars Ledger Folio Amount Month & Date Vr. No. Particulars Ledger Folio Amount Rs. P. Rs. P.

Form-17 (See rule-40) LEDGER Name of the Water users’ association ………………… Month & Date Particulars C.B.Folio Dr. Amount Cr. Amount Dr. or Cr. Balance Amount Rs. P. Rs. P.

Form-18 (See rule-40) Cheque Issuing Register Name of the Water users’ association ………………… S.No. To whom the Cheque issued Name of the Work Cheque No., Date and name of bank Amount of the Cheque Cheque Book No.

Amount of Budget Bala nce Am ount Signature Compe tent Canal Officer Tre asur er Rece iver Form-19 (See rule-40) Journal Register Name of the Water users’ association ………………… Date Particular Vr. Number Debit Credit mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 141 Form-20 (See rule-40) Bill Register Name of the Water users’ association ………………… Sl.

No.

Date of Submission and Dispatch No.

Name of the Work Amount of Estimate Ref. to Sanction Amount of the bill M.B.

No.

and Page Name of the Agency Initial FORM -R (See rule 27(1) Name of division………………….

Name of water users’ association……………………… Date of submission of water charges………………… Seal and Signature of the Treasurer of alpika samiti Signature and Designation of the Competent canal officer SI NO Name of land holder as per jamabandi Amount of water charge to be paid as per jamabandi Amount of water charge paid/receipt no of Form 9/ Previous dues to be paid Dues paid/receipt no of Form no 9 Total amount paid Remark mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 142 FORM-D (See rule-27 (1) Name of division………………….

Seal and Signature of the Executive Engineer FORM E 1 [See rule 16 of the procedure for conducting election] NOTICE FOR THE ELECTION OF THE MEMBER OF THE MANAGING COMMITTEE OF THE WATER USERS’ ASSOCIATION in the division…….......

It is hereby notified that elections to the members of the managing committee of the Water users’ association at (level) ................... shall be conducted as per the following:

(i) Nomination papers shall be presented:

(a) On (date)

(b)Time..............between .............to .................hours

(ii) Date of scrutiny of nomination papers

(iii) Date of withdrawal of candidature

(iv) Date of polling

(v) Date of counting of votes

(vi) Declaration and publication of results.

Election Officer Sl No Name shakha samiti Name of rajwaha samiti Name of alpika samiti Total amount of water charge collected in one year before the last financial year Demand of funds for alpika samiti as per rule no-27(2) Demand of funds for rajwaha samiti as per rule no-27(2) Demand of funds for shakha samiti as per rule no-27(2) Amount of penalty recovered for unauthoriz ed Use of water Total Demand Of Funds Remark mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 143 FORM E-2 [See rule 23 of the procedure for conducting election] Water users’ association --------------------- NOMINATION PAPER

1. Name of parent channel …………………….

(alpika/rajwaha/shakha)

2. Name of channel………….(kulaba no./alpika/rajwaha/shakha)

3. Name of reach/sub-command…………..

4. Full name of the candidate

5. Father’s or husband’s name

6. Serial number of candidate in the Electoral Roll

7. Age

8. Sex

9. Occupation and Address Candidate’s Declaration I declare that I am eligible and willing to stand for election and my age as shown above is correct.

Signature of candidate This nomination paper was presented to me ---------------(person) at ---------(date and hour) ------------- Signature of the returning officer/assistant returning officer mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 144 FORM E-3 [See rule 33 of the procedure for conducting election] LIST OF NOMINATION RECEIVED ON ....................(DATE) FOR THE MEMBERS OF MANAGING COMMITTEE OF ……………………….

Sl.no. of nomination paper Name of the Candidate Father’s Name Age Occupation & Address Voters List No.

of Candidate

(1) (2) (3) (4) (5) (6) (7) (8) The nomination papers will be taken up for scrutiny at ..............AM/PM on ...........the ................date ................at (Place) Date Place Signature of the Returning Officer/Assistant Returning Officer FORM E-4 [See rule 37 of the procedure for conducting election] LIST OF VALIDLY NOMINATED CANDIDATES Name of division ............................

Election to the Member of the managing committee of ..................

Sl. No.

Allotted Name of parent channel Name of channel/kulaba number Reach/Subcommand Name of candidate Address of the candidate 1 2 3 4 5 6

Returning Officer mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 145 FORM E-5 [See rule 38 of the procedure for conducting election] NOTICE OF WITHDRAWAL Election to the member of the Managing Committee of ……………………….

To, The Returning officer, I.............................a candidate validly nominated at the above election do hereby give notice that I withdraw my candidature.

Place Date Signature of candidate This notice was delivered to me at my office at .............(hours) on .............(date) by.................(name) Date Returning Officer RECEIPT FOR NOTICE OF WITHDRAWAL (To be-handed over to the person delivering the notice) This notice of withdrawal of candidature by ...........a candidate at the election to the member of the Managing Committee ................................as delivered to me by the .....................at my office at .................(hour) on .......................(date) Date Returning Officer mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 146 FORM E6 [See rule 39 of the procedure for conducting election] NOTICE OF WITHDRAWAL OF CANDIDATURE Election of the Member of the Managing Committee of Water users’ association Notice is hereby given that the following validly nominated candidate/candidates at the above election withdraws/withdraw his candidature/their candidature.

Sl.

No.

Name of parent channel/division Name of channel/kulaba number Reach/Subcommand Name of the Candidate Symbol Allotted 1 2 3 4 4 6

etc.

Date Place Returning Officer FORM E7 [See rule 41 of the procedure for conducting election] NOTICE OF CONTESTING CANDIDATE Election to the member of the Managing Committee of ……………….

in the division………………………………… Sl.

No.

Name of parent channel Name of channel/kulaba number Reach/Subcommand Name of the Candidate Symbol Allotted /Assigned 1 2 3 4 5 6

etc.

Date Place Returning Officer mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 147 FORM E8 [See rule 47 of the procedure for conducting election] APPOINTMENT OF ELECTION AGENT (To be submitted in two copies) Election to the member of the Managing Committee of ……………..

To, The Returning Officer, I................................a candidate of the election for the post of the member of the managing committee do hereby appoint ……………………..as my election agent from this day at the above election.

Date Place Signature of candidate I accept the above appointment Returning Officer I, hereby, accept and approve the above appointment Place Date Returning Officer mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 148 FORM E9 [See rule 47 of the procedure for conducting election] APPOINTMENT OF POLLING AGENT Election to the member of the Managing Committee of Water users’ association I................................a candidate for election do hereby appoint ..................as a polling agent to attend polling station No. .............fixed for the poll.........................at .......................

Signature of candidate I, hereby, accept and approve the above appointment Place Date Signature of the Returning Officer mRrj izns’k vlk/kkj.k xtV] 30] ekpZ] 2010 149 FORM E-10 [See rule 47 of the procedure for conducting election] APPOINTMENT OF COUNTING AGENT (To be submitted in duplicate) Election to the member of the Managing Committee of ………………….

To The Returning Officer, I................................a candidate at the above election do hereby appoint the following persons as my counting agent to attend the counting of votes at ...........................

S.No. Name of the counting agent Address of the counting agent 1 2 3 1 Signature of candidate I/we agree to act as such counting agents.

Signature of the agent Place Date Signature of Returning Officer By Order KISHAN SINGH ATORIA.

Pramukh Sachiv.

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The Uttar Pradesh Participatory Irrigation Management Rules, 2010

The enactment

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