Definitions

§2

Summary

(1) In this Act, unless the context otherwise requires, - a) "Agreement" means an agreement between the lower-level water users association and upper level water users association or the competent canal officer, as the case may be, for the supply of water on volumetric or area basis for irrigation water and handing over of operation, maintenance and management; b) "Apex Committee" means a state level committee constituted by the State Government for monitoring, evaluation and research on participatory approach to water management so as to give feedback and advice to Government on related policy matters; (c) "Appellate Officer means an officer authorized by the State Government to hear and decide the appeal against order and decision of a competent canal officer or a water users association, as the case may be; (d) " Area of Operation" or Delineated Area in relation to a water users association means a contiguous block of land in the command area of an irrigation system delineated by a competent canal officer on topographic, hydraulic and/or administrative basis, as may be notified by the State Government; (e) "Branch" means a canal with all works whose designed head discharge is 500 cusec or more; (f) "Canal" means a channel with all works used for irrigating fields including water courses, drains and their appurtenant structures in the command area. It also includes all lands occupied by the State Government for the purposes of a canal, and all buildings, machinery, fences, gates and other erections, trees, plantations or other produce occupied by or belonging to the State Government upon such lands; (g) "Canal System" means a canal including the canals linked therewith; (h) Command Area means an area whether irrigated or capable of being irrigated under any irrigation system either by gravity flow or by lift or by any other method within prescribed area of operation, for which a water users association is formed; (i) "Competent Authority" means the State Government or any authority notified by the State Government; (j) "Competent Canal Officer" means an officer of Irrigation Department, Uttar Pradesh authorized by the State Government to perform any function under this Act within the area of his jurisdiction; (k) "Competent Investigating Agency" means an upper level water users association or the competent canal officer, as the case may be, responsible for investigating the offences under this Act; (l) "Culturable Command Area" means a culturable area within the gross command area; (m) "Designed Discharge" means the maximum discharge for which a canal system has been designed; (n)"Deficit Year" in relation to a diversion system or reservoir based canal system, means a year in which the water availability at the head works is less than that in a normal year; (o) "Discharge" means volume of water passing through a canal per unit of time; (p) "Distributary" means a canal so designated by the irrigation department or a canal with all works, whose designed head discharge is between 20 cusec and 500 cusec; (q) "Collector "shall include an officer appointed to exercise all or any of the powers of a Collector provided under this Act; (r) "Election Officer" means an officer authorized by the State Government to perform functions related to elections of representative of a water users association; (s) "Field" means agricultural field; (t) "Field Drain" means a channel with all subsidiary works to discharge waste or surplus water from a field to the nearest drain; (u) "Gauge" means a graduated scale or measuring device to measure the flow or level of water at a particular section of canal; (v) "General Body" in relation to a kulaba samiti shall mean a body consisting of all members of that kulaba samiti and in relation to a upper level water users association shall mean the body consisting of all members of managing committee of immediate lower level water users associations; (w) "Gross Command Area" means a gross area commanded by an irrigation system and bounded by natural drains; (x) "Hydraulic Basis" means the basis for identifying an area of operation of a water users' association served by a canal system on topographical basis bounded by natural depressions or drains having major area that can receive irrigation water by gravity flow; (y) "Immediate Lower Level Water Users Association" in relation to a water users' association in the command area of a canal means a water users association in the command area of a direct offtake from that particular canal; (z) "Immediate Upper Level Water Users' Association" in relation to a water users association means a water users association in the command area of the particular parent canal from which canal system of that water users association offtakes; (aa)" Irrigation Department " means Irrigation Department of the Uttar Pradesh Government; (ab) " Irrigation System" means an irrigation project for harnessing water for irrigation and other allied uses which includes reservoir-fed and/ or river diversion system of canals, open head channels, lift irrigation schemes, tanks and the like including the field drains to discharge waste or surplus water from the fields in a canal command to the nearest drain; (ac) " Land-holder" means owner as per khatouni or register-bandobast or a tenant or sub-tenant or a mortgagee in possession or licensee or tenure holder or lessee or otherwise, and includes person who is to be benefited by irrigation. (ad) Lift Irrigation means the irrigation in which water needs to be lifted from its source and supplied to the lands situated on higher level. (ae) " Lift Irrigation" Scheme means the irrigation scheme in which water is lifted from its source and is supplied to a canal system; (af) " Lower Level Water Users Associations " in relation to a water users association means all the water users associations at lower level, in the delineated area of operation of that particular water users association; (ag) " Managing Committee" means a committee of members elected or nominated or designated as such in such manner as may be prescribed; (ah) Minor means a canal designated as such by the irrigation department or canal with all works whose designed head discharge is not more than 20 cusecs; (ai)" Normal Year" in relation to a diversion system or a reservoir-based canal system means a calendar year in which the water available at the head works (including the water that is allowed to be discharged from the reservoir and losses there from) is as envisaged in the Irrigation Project Report or as revised subsequently by the State Government; (aj) " Office Bearer " means the Chairperson, the Secretary or the Treasurer of a water users association; (ak) " Outlet or Kulaba " means a structure along with its appurtenant works fixed or constructed on minor, distributary or branch canal or main canal or pucca water course to receive water from canal and to deliver it to fields through water course; (al) " Participatory Irrigation Management " means participation of stakeholders at all levels of irrigation system and in all aspects of irrigation management; (am)" Previous Dues " in relation to assessment and recovery of water charges means amount mentioned in a bill or in a notice sent to land-holders or water users associations but not paid by them; (an) " Registrar " means an officer of irrigation department authorized by the State Government to perform the functions of registration etc. in respect of water users associations; (ao) " Reserve Fund" means a fund under section 31; (ap) " Tail Gul " will carry similar meaning as outlet or kulaba defined in para (ak). Wherever outlet or kulaba is referred it would automatically include Tail Gul; (aq) " Upper Level Water Users Associations " means all the higher level water users associations to of that water users association in the delineated area of operation of the irrigation system. (ar) " Wastage of Water" means wasteful running of water through escape channel (except for canal safety) or otherwise instead of using it as per irrigation plan and other legitimate purposes; (as) " Water Charges" means such sum of money payable by a water users association/a landholder to the Irrigation Department/higher level water users association/ lower-level water users association as the case may be for the supply of water to it at such rates as may be notified from time to time by the State Government; (at) " Water Rate" means price chargeable at point of supply per unit area/quantity of water; (au) " Water Course" or " Field Channel" or " Gul" means a channel with all subsidiary works which receives water through an outlet and distributes it to the fields; (av) Water User means an individual or body corporate or an association or a group, using water in a command area; (aw) " Water Users" Association means a body of water users at a particular level of a canal system for flow as well as lift irrigation; (ax) Water Users Association at Project Level means a water users association constituted at the project level to be known as Pariyojna Samiti. (ay) " Water Users Association at Branch Level" means a water users association constituted at branch level to be known as Shakha Samiti; (az) " Water Users Association at Distributary Level " means a water users association constituted at distributary level to be known as Rajwaha Samiti; (aaa) " Water Users Association at Minor Level " means a water users association constituted at minor level to be known as Alpika Samiti; (abb) " Water Users Association at Outlet Level " means a water users association constituted at outlet level whether of the minor or the distributary or the branch or the main canal to be known as Kulaba Samiti; (acc)" Lands under Participatory Irrigation Management Act" means the lands under culturable command of an irrigation system. (2) Words and expressions not defined shall have the meanings assigned to them in the Northern India Canal and Drainage Act, 1873.

(1) In this Act, unless the context otherwise requires, - a) "Agreement" means an agreement between the lower-level water users association and upper level water users association or the competent canal officer, as the case may be, for the supply of water on volumetric or area basis for irrigation water and handing over of operation, maintenance and management; b) "Apex Committee" means a state level committee constituted by the State Government for monitoring, evaluation and research on participatory approach to water management so as to give feedback and advice to Government on related policy matters; (c) "Appellate Officer means an officer authorized by the State Government to hear and decide the appeal against order and decision of a competent canal officer or a water users association, as the case may be; (d) " Area of Operation" or Delineated Area in relation to a water users association means a contiguous block of land in the command area of an irrigation system delineated by a competent canal officer on topographic, hydraulic and/or administrative basis, as may be notified by the State Government; (e) "Branch" means a canal with all works whose designed head discharge is 500 cusec or more; (f) "Canal" means a channel with all works used for irrigating fields including water courses, drains and their appurtenant structures in the command area. It also includes all lands occupied by the State Government for the purposes of a canal, and all buildings, machinery, fences, gates and other erections, trees, plantations or other produce occupied by or belonging to the State Government upon such lands; (g) "Canal System" means a canal including the canals linked therewith; (h) Command Area means an area whether irrigated or capable of being irrigated under any irrigation system either by gravity flow or by lift or by any other method within prescribed area of operation, for which a water users association is formed; (i) "Competent Authority" means the State Government or any authority notified by the State Government; (j) "Competent Canal Officer" means an officer of Irrigation Department, Uttar Pradesh authorized by the State Government to perform any function under this Act within the area of his jurisdiction; (k) "Competent Investigating Agency" means an upper level water users association or the competent canal officer, as the case may be, responsible for investigating the offences under this Act; (l) "Culturable Command Area" means a culturable area within the gross command area; (m) "Designed Discharge" means the maximum discharge for which a canal system has been designed; (n)"Deficit Year" in relation to a diversion system or reservoir based canal system, means a year in which the water availability at the head works is less than that in a normal year; (o) "Discharge" means volume of water passing through a canal per unit of time; (p) "Distributary" means a canal so designated by the irrigation department or a canal with all works, whose designed head discharge is between 20 cusec and 500 cusec; (q) "Collector "shall include an officer appointed to exercise all or any of the powers of a Collector provided under this Act; (r) "Election Officer" means an officer authorized by the State Government to perform functions related to elections of representative of a water users association; (s) "Field" means agricultural field; (t) "Field Drain" means a channel with all subsidiary works to discharge waste or surplus water from a field to the nearest drain; (u) "Gauge" means a graduated scale or measuring device to measure the flow or level of water at a particular section of canal; (v) "General Body" in relation to a kulaba samiti shall mean a body consisting of all members of that kulaba samiti and in relation to a upper level water users association shall mean the body consisting of all members of managing committee of immediate lower level water users associations; (w) "Gross Command Area" means a gross area commanded by an irrigation system and bounded by natural drains; (x) "Hydraulic Basis" means the basis for identifying an area of operation of a water users' association served by a canal system on topographical basis bounded by natural depressions or drains having major area that can receive irrigation water by gravity flow; (y) "Immediate Lower Level Water Users Association" in relation to a water users' association in the command area of a canal means a water users association in the command area of a direct offtake from that particular canal; (z) "Immediate Upper Level Water Users' Association" in relation to a water users association means a water users association in the command area of the particular parent canal from which canal system of that water users association offtakes; (aa)" Irrigation Department " means Irrigation Department of the Uttar Pradesh Government; (ab) " Irrigation System" means an irrigation project for harnessing water for irrigation and other allied uses which includes reservoir-fed and/ or river diversion system of canals, open head channels, lift irrigation schemes, tanks and the like including the field drains to discharge waste or surplus water from the fields in a canal command to the nearest drain; (ac) " Land-holder" means owner as per khatouni or register-bandobast or a tenant or sub-tenant or a mortgagee in possession or licensee or tenure holder or lessee or otherwise, and includes person who is to be benefited by irrigation. (ad) Lift Irrigation means the irrigation in which water needs to be lifted from its source and supplied to the lands situated on higher level. (ae) " Lift Irrigation" Scheme means the irrigation scheme in which water is lifted from its source and is supplied to a canal system; (af) " Lower Level Water Users Associations " in relation to a water users association means all the water users associations at lower level, in the delineated area of operation of that particular water users association; (ag) " Managing Committee" means a committee of members elected or nominated or designated as such in such manner as may be prescribed; (ah) Minor means a canal designated as such by the irrigation department or canal with all works whose designed head discharge is not more than 20 cusecs; (ai)" Normal Year" in relation to a diversion system or a reservoir-based canal system means a calendar year in which the water available at the head works (including the water that is allowed to be discharged from the reservoir and losses there from) is as envisaged in the Irrigation Project Report or as revised subsequently by the State Government; (aj) " Office Bearer " means the Chairperson, the Secretary or the Treasurer of a water users association; (ak) " Outlet or Kulaba " means a structure along with its appurtenant works fixed or constructed on minor, distributary or branch canal or main canal or pucca water course to receive water from canal and to deliver it to fields through water course; (al) " Participatory Irrigation Management " means participation of stakeholders at all levels of irrigation system and in all aspects of irrigation management; (am)" Previous Dues " in relation to assessment and recovery of water charges means amount mentioned in a bill or in a notice sent to land-holders or water users associations but not paid by them; (an) " Registrar " means an officer of irrigation department authorized by the State Government to perform the functions of registration etc. in respect of water users associations; (ao) " Reserve Fund" means a fund under section 31; (ap) " Tail Gul " will carry similar meaning as outlet or kulaba defined in para (ak). Wherever outlet or kulaba is referred it would automatically include Tail Gul; (aq) " Upper Level Water Users Associations " means all the higher level water users associations to of that water users association in the delineated area of operation of the irrigation system. (ar) " Wastage of Water" means wasteful running of water through escape channel (except for canal safety) or otherwise instead of using it as per irrigation plan and other legitimate purposes; (as) " Water Charges" means such sum of money payable by a water users association/a landholder to the Irrigation Department/higher level water users association/ lower-level water users association as the case may be for the supply of water to it at such rates as may be notified from time to time by the State Government; (at) " Water Rate" means price chargeable at point of supply per unit area/quantity of water; (au) " Water Course" or " Field Channel" or " Gul" means a channel with all subsidiary works which receives water through an outlet and distributes it to the fields; (av) Water User means an individual or body corporate or an association or a group, using water in a command area; (aw) " Water Users" Association means a body of water users at a particular level of a canal system for flow as well as lift irrigation; (ax) Water Users Association at Project Level means a water users association constituted at the project level to be known as Pariyojna Samiti. (ay) " Water Users Association at Branch Level" means a water users association constituted at branch level to be known as Shakha Samiti; (az) " Water Users Association at Distributary Level " means a water users association constituted at distributary level to be known as Rajwaha Samiti; (aaa) " Water Users Association at Minor Level " means a water users association constituted at minor level to be known as Alpika Samiti; (abb) " Water Users Association at Outlet Level " means a water users association constituted at outlet level whether of the minor or the distributary or the branch or the main canal to be known as Kulaba Samiti; (acc)" Lands under Participatory Irrigation Management Act" means the lands under culturable command of an irrigation system. (2) Words and expressions not defined shall have the meanings assigned to them in the Northern India Canal and Drainage Act, 1873.

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