THE [1][KHYBER PAKHTUNKHWA]  WATER USERS' ASSOCIATIONS ORDINANCE, 1981. 

[2][KHYBER PAKHTUNKHWA] ORDINANCE NO. II OF 1981. 

AN 
ORDINANCE 

[14th February, 1981]

CONTENTS

PREAMBLE

CHAPTER—I 
PRELIMINARY

1.                  Short title, extent and commencement.

2.                  Definitions.

3.                  Ordinance to over-ride other laws.

4.                  Purpose.

CHAPTER—2 
PURPOSE, POWERS AND FORMATION

5.                  Association to be bodies corporate.

6.                  Formation of Association.

7.                  Powers of Association.

7A.      Recovery of cost.

7B.      Dues to be recovered as arrear of land revenue.

7C.      Appeals.

8.                  Composition.

CHAPTER—3 
GENERAL BODY

9.                  General meetings.

10.              Special meeting.

11.              Duties of General Body.

12.              Voting.

13.              Resolving disputes.

14.              Composition.

CHAPTER—4

BOARD OF DIRECTORS

15.              Chairman and Officers.

16.              Quorum.

17.              Oath.

18.              Duties of Board of Directors.

19.              Duties of Chairman.

20.              Duties of Secretary.

21.              Duties of Treasurer.

22.              Assistance to the Board.

23.              Distributary Associations.

CHAPTER—5
FEDERATION OF ASSOCIATIONS

24.              Canal Associations.

25.              Registry of Distributary and Canal Associations.

26.              Duties and powers.

27.              Capital expenditure and improvements.

28.              Evidence of Land ownership.

CHAPTER—6 
MISCELLANEOUS PROVISIONS

29.              Transfer of membership.

30.              Assessments.

31.              Credit.

32.              Auditing of accounts.

33.              Fines for abuse.

34.              Enforcement of fines and fees.

35.              Acquisition of lands.

36.              Contract water and water rates.

37.              Improvement of Distributary.

38.              Preferential treatment.

39.              Preparation of forms.

40.              Power to make rules.

THE [3][KHYBER PAKHTUNKHWA]  WATER USERS' ASSOCIATIONS ORDINANCE, 1981. 

[4][KHYBER PAKHTUNKHWA] ORDINANCE NO. II OF 1981. 

[14th February, 1981]

AN 
ORDINANCE 

to provide for the formation, operation and promotion of water users' association in the [5][Khyber Pakhtunkhwa].

AND WHEREAS the Governor of the [7][Khyber Pakhtunkhwa]  is satisfied that circumstances exist which render it necessary to take immediate action; 

NOW, THEREFORE, in pursuance of the Proclamation of the fifth day of July, 1977, read with the Laws (Continuance in Force) Order, 1977 (C.M.L.A., Order No I of 1977), and in exercise of all powers enabling him in that behalf, the Governor of the [8][Khyber Pakhtunkhwa]  is pleased to make and promulgate the following Ordinance.

CHAPTER—I 
PRELIMINARY

(2)               It extends to whole of the [10][Khyber Pakhtunkhwa] Province.

(3)               This section shall come into force at once and all or any of the remaining provisions of this Ordinance shall come into force in such area or areas and on such date or dates as Government may, by notification, direct.

(a)                "Association" means an irrigation association (Anjuman-e-abpashi), organized and registered under this Ordinance;

(b)               "Association in good standing" means an Association that is not in default of a bona fide legal obligation;

(c)                "Association village" means that area of land irrigated from the source of water developed or utilized by the Association;

(d)               "Board of Directors" means the governing body of representatives elected by the General Body;

(e)                "bye-laws" means bye-laws of the Association;

(f)                "Canal Officer" means the Canal Officer as defined in the Canal and Drainage Act, 1873 (VIII of 1873);

(g)               "Collector" means the Collector as defined in the West Pakistan Land Revenue Act, 1967 (W. P. Act XVII of 1967); 

            [11][(ga) “Field officer” means an officer declared as such by                         Government and includes the Director, the Deputy                                    Director and the assistant Director of the On Farm-                           Water Management;] 

(h)               "General Body" means the collective body of membership of the Association;

(i)                 "irrigator" means the operator of a separate farm, whether he is an owner of land, tenant or renter, and includes the representative chosen by the joint owners of joint operators of a jointly owned or operated farm;

[12][(ia)               “Management” means the Department or Directorate of on-Farm water Management, [13][Khyber Pakhtunkhwa];] 

(j)           "member in good standing" means any member whose payment of assessment is not in arrears by more than one year, or who is not under conviction for a criminal offence, or is not a minor; 

(k)         "membership" means all the irrigators who are members of the Association and are entitled to participate in the general assembly;

(l)           "outlet/tube well village" means that portion of land irrigated from a particular canal outlet or Government tube-well;

(m)       "watercourse" means the main channel from the canal outlet (mogha) and laterals; and 

[14][(n) “water storage tank” means a small reservoir    constructed for storage of water for increasing        volumetric flow and timely releases of water.]

CHAPTER—2 
PURPOSE, POWERS AND FORMATION.

(i)                 the operation, maintenance, improvement and rehabilitation of the watercourse;

(ii)               [15][the improvement of water supply from surface or ground water and construction of water storage tanks]; and 

(iii)             the improvement of On-Farm Water Management.

            (2)        The secondary purpose of the Association shall be to perform such other functions as relate to the obtaining of other agricultural inputs and the economic and social well being of the membership.

            (2)        Upon receipt of application, the Field Officer shall review the application and convene a meeting for all irrigators in the watercourse command area.

            (3)        If seventy-five percent of the irrigators, who are above the age of eighteen years, consent to formation of the Association, membership of the non-consenting irrigators or those who are not capable of so consenting under any law for the time being in force shall be mandatory and they shall be deemed to have consented to be the members of the Association.

            (4)        Upon receipt of a complete membership list and after ascertaining the facts as mentioned in sub-section (1) or, as the case may be, sub-section (3), the Field Officer shall approve the application, register the Association by entering the name and particulars of the Association in a register to be kept for the purpose, send one copy of the list to the Provincial Director, On-Farm Water Management, and provide the Association with a certificate of formation as evidence of the legal existence.

            (5)        The membership list shall be kept current by the Association.

            (6)        The Field Officer shall examine and aprove the membership list, and shall determine that each member is a bona fide land owner or an operator or a tenant.

            (7)        Any person aggrieved by the decision of the Field Officer may file an appeal to the Collector, whose decision thereon shall be final.

            (8)        The list of Associations and names of Officers of Associations shall be sent to the Irrigation, Agriculture, Revenue and other requesting Departments.

            (9)        The Association shall, within 30 days of the approval of the membership list, convene a meeting of the General Body, elect the Board of Directors, adopt bye-laws and open a bank account.

            (10)      The level of formation of an irrigators' Association shall be at the outlet village or tubewell village. The Association may increase in irrgated area by lubewells, and Associations sharing a common Government or private tube-well may make provisions in bye-laws for operation and maintenance of the same. 

            (11)      Whenever the area of an outlet or tubewell village is changed by the Irrigation Department, the membership of existing Associations shall change accordingly. If membership changes by twenty-five percent or more, there shall be fresh election of the Board of Directors.

(i)                 to improve, rehabilitate, operate and maintain the watercourses;

(ii)               [16][to improve the water supply from surface or sub-surface sources and to construct water storage tanks];

(iii)             to locate, own, operate and maintain tubewells and lift pumps in the name of the Association;

(iv)             to sanction upgrading and maintenance of farm ditches and field outlets;

(v)               to encourage adoption of improve on-farm water use and management practices and other improved land and agricultural input practices;

(vi)             to participate in programmes to improve watercourses, land levelling and agronomic practice, and to lease, own, operate and maintain equipment, structures and other matters associated with improvement efforts;

(vii)           to establish water delivery schedules and supervise water allocation and distribution in the Association village in such a manner so as not to interfere with canal water delivery; 

(viii)         to set and collect general and special assessments; 

(ix)             to conscript labour for emergency repair of water course: 

(x)               to locate, install and maintain drainage facilities for fields; 

(xi)             to remove obstructions in watercourse during realignment, operation and maintenance;

(xii)           to enter into contracts for obtaining loans and grants and setting a repayment schedule;

(xiii)         to insure that all members' rights under the law are respected, and that each member gets his fair share of water in a timely fashion; and 

(xiv)         to insure that all members of the Association contribute their fair share of labour, money and other services for improvement, maintenance and operation of the water course.

CHAPTER—3 
GENERAL BODY.

            (2)        Each decision by the General Body shall require two third majority of votes.

            (2)        Violation of the decision of the Board of the special body shall only be punishable with a fine, and not suspension of water delivery unless approved by the General Body.

CHAPTER—4

BOARD OF DIRECTORS.

            (2)        The General Body shall decide and include in the Association bye-laws whether the representatives to the Board of Directors are to be elected from geographic portions of the watercourses (head, middle and till) or by social group or at large.

            (3)        No member elected to the Board of Directors shall enjoy any benefits greater than any other member by virtue of his elected position.

            (4)        Members of the Board of Directors shall be elected for two years term, except in the first election after organization when one-half or there abouts shall be elected for one year. There after half or there abouts shall be elected annually. A person shall not serve for more than two consecutive terms on the Board of Directors.

(i)                 manage the Association activities in delivery of water; 

(ii)               develop a plan of operation, maintenance, improvement and rehabilitation of the watercourse;

(iii)             supervise the construction and maintenance of the watercourse and other improvement activities;

(iv)             employ and discharge ditch tenders, collectors, and construction personnel;

(v)               exercise emergency powers to repair watercourse breakages;

(vi)             negotiate and contract with government agencies and other institution for improvement programmes acceptable to the General Body;

(vii)           serve as the communication link between government agencies in dissemination of information and all matters representing the views and requests of the Irrigators Associations;

(viii)         maintain the financial and organizational records of the Association; and 

(ix)             call special meeting of the General Body for any matter involving original expenditures and other important issues involving the general membership.

            Provided that if there is a Vice-Chairman, he shall act as the Chairman. The Chair-man and the Secretary shall sign all contracts and other obligations of the Association.

CHAPTER—5
FEDERATION OF ASSOCIATIONS.

            (2)        When more than half of the watercourses on a distributary are organized into Irrigators' Associations, they may form a Distributary Association. Any other Association formed thereafter on any other water-course on the same distributary shall immediately become constituent member of the Distributary Association.

            (3)        Each Irrigators' Association shall send one representative to the Distributary Association.

            (4)        The Chairman of the Irrigators' Association shall act as the representative of his Association to the Distributary Association.

            (5)        The members of the Distributary Association shall select a Chairman and other officers as needed.

            (2)        When more than half of the distributors on a major canal are organized into Distributary Associations, they may form a Canal Association. Any other Distributary Association formed thereafter on the remaining distributaries shall immediately become constituent member of the Canal Association.

            (3)        Each Canal Association shall have a Board of Directors and the Chairman of each Distributary Association shall be the representative to the Board of Directors of the Canal Association.

(4)        The members of the Canal Association shall select Chairman and other officers as is needed.

(i)                 represent its members in issues and problems related to the distributary or, as the case may be, more than one distributary or the whole canal;

(ii)               represent its respective constituent members to the Departments of Irrigation, Agriculture and any other Department; 

(iii)             serve as channel of communication between the Irrigation Department and the constituent members of the Association; 

(iv)             participate actively with the Irrigation Department in the-improvement, maintenance and operation of the distributaries and canals; 

(v)               maintain financial records and minutes of meetings, levy assessments upon member Associations and exercise collection authority on a voluntary basis or in case of default by certifying the amount for collection to the Collector; and 

(vi)             make by-laws and rules of operation. 

            (2)        The Distributary Association or Canal Association may— 

(i)                 make recommendations and requests for distribution of water into a minor or distributary on a demand or fixed delivery basis; and

(ii)               make recommendations and requests to the Irrigation Department for construction of bridges, regulators, drop structures, new minor canals etc. at Association cost or cost-sharing.

CHAPTER—6 
MISCELLANEOUS PROVISIONS.

(2)        Special Assessments shall be to carry out the secondary purposes of the Association.

(3)        Assessments should be allocated in proportion to cultivable lands in the Association village.

            (2)        The Collector shall recover the said amount so certified and reimburse this amount to the Association.

      LIEUTENANT GENERAL FAZLE HAQ

GOVERNOR OF THE KHYBER PAKHTUNKHWA

Peshawar,

Dated the

[14th February, 1981]