Rule 3
Registration Of Users’ Association
(1) The Users of the following
irrigation system shall submit an application to the concerned Irrigation
office for the registration of the Users’ Association, upon constituting an
Executive Committee not exceeding eleven members comprising Thirty
Three percent women, including Two from dalit, downtrodden and
backward ethnic community, in a format as prescribed in schedule –1,-
(a) Developed and operated by Government of Nepal,
(b) Maintained and reformed by Government of Nepal,
(c) Constructed and operated by the farmer groups.
(2) While constituting the Users’ Association under Sub rule (1),
there should be a representation of at least Sixty Seven percent Users of the
irrigated area of such Canal, Branch or Secondary Canal, Minor or Tertiary
Canal, Water course, Field Channel distributed water from which Canal,
Branch or Secondary Canal, Minor or Tertiary Canal, Water course, Field
Channel is to be used. ……….
Explanation:
For the purpose of this Sub rule “irrigated area” means area to
be irrigated by the water distributed, on the basis of the nature
of irrigation system and extension from Canal, Branch or
Secondary Canal, Minor or Tertiary Canal, Water course,
Amended by the First Amendment
Omitted by the First Amendment
Field Channel and division box or turnout constructed for the
distribution of water.
(3) Certificate of registration shall be issued in a format as
prescribed in Schedule-2 upon registering of Users’ Association within
Seven days after conducting necessary inquiry on the application received
pursuant to Sub rule (1).
Provided that, while making inquiry upon the application, if
any discrepancy is found or any Users’ Association is found
to have been already registered for the same irrigated area or
it will be contradictory to the prevalent laws to register it, the
same fact shall be notified to the concerned Users within
Seven days of submission of the application.
4. Election and Dissolution of Executive Committee of Users’ Association: (1) The Election procedure and tenure of Office of the office
bearer of the Executive Committee shall be as prescribed in the constitution
of such Association.
(2) Notwithstanding anything contained in Sub rule (1) Two Third of
the total general members may dissolve the Executive Committee in case
that the Executive Committee has been failed to properly operate the
Irrigation system.
(3) In a case if it is found that the Executive Committee has acted
against these rules or approved constitution, the concerned Irrigation Office
shall provide optimum Fifteen days to such Executive Committee for the
clarification.
(4) In case no clarification is submitted within a period pursuant to
Sub rule (3) or the clarification has not been found satisfactory, the
Amended by the First Amendment
concerned Irrigation Office shall submit recommendation to the
Department for the dissolution of Executive Committee with reasonable
and sufficient reason.
(5) In a case, if the recommendation is received pursuant to Sub rule
(4), Department shall provide approval for the dissolution of the Executive
Committee on the basis of bona fide reason and appropriateness and the
concerned Irrigation office shall make the decision of dissolution on the
basis of approval of the Department.
(6) Executive Committee shall be ipso facto dissolved in a case if
not renewed within the time frame pursuant to Sub rule (1) and (2) of Rule of 8A
(7) No facility as per the Act and these rules shall be provided to the
irrigation system, as dissolved under these rules, until the new election of
Executive Committee shall be concluded.
(8) In case of dissolution of the Executive Committee as per these
rules, election shall be conducted within three months by the concerned
Irrigation Office under its direct supervision through the District Irrigation
Users’ Association and concerned District Irrigation Users’ Association
shall constitute an ad hoc committee for the operation until election.
irrigation system shall submit an application to the concerned Irrigation
office for the registration of the Users’ Association, upon constituting an
Executive Committee not exceeding eleven members comprising Thirty
Three percent women, including Two from dalit, downtrodden and
backward ethnic community, in a format as prescribed in schedule –1,-
(a) Developed and operated by Government of Nepal,
(b) Maintained and reformed by Government of Nepal,
(c) Constructed and operated by the farmer groups.
(2) While constituting the Users’ Association under Sub rule (1),
there should be a representation of at least Sixty Seven percent Users of the
irrigated area of such Canal, Branch or Secondary Canal, Minor or Tertiary
Canal, Water course, Field Channel distributed water from which Canal,
Branch or Secondary Canal, Minor or Tertiary Canal, Water course, Field
Channel is to be used. ……….
Explanation:
For the purpose of this Sub rule “irrigated area” means area to
be irrigated by the water distributed, on the basis of the nature
of irrigation system and extension from Canal, Branch or
Secondary Canal, Minor or Tertiary Canal, Water course,
Amended by the First Amendment
Omitted by the First Amendment
Field Channel and division box or turnout constructed for the
distribution of water.
(3) Certificate of registration shall be issued in a format as
prescribed in Schedule-2 upon registering of Users’ Association within
Seven days after conducting necessary inquiry on the application received
pursuant to Sub rule (1).
Provided that, while making inquiry upon the application, if
any discrepancy is found or any Users’ Association is found
to have been already registered for the same irrigated area or
it will be contradictory to the prevalent laws to register it, the
same fact shall be notified to the concerned Users within
Seven days of submission of the application.
4. Election and Dissolution of Executive Committee of Users’ Association: (1) The Election procedure and tenure of Office of the office
bearer of the Executive Committee shall be as prescribed in the constitution
of such Association.
(2) Notwithstanding anything contained in Sub rule (1) Two Third of
the total general members may dissolve the Executive Committee in case
that the Executive Committee has been failed to properly operate the
Irrigation system.
(3) In a case if it is found that the Executive Committee has acted
against these rules or approved constitution, the concerned Irrigation Office
shall provide optimum Fifteen days to such Executive Committee for the
clarification.
(4) In case no clarification is submitted within a period pursuant to
Sub rule (3) or the clarification has not been found satisfactory, the
Amended by the First Amendment
concerned Irrigation Office shall submit recommendation to the
Department for the dissolution of Executive Committee with reasonable
and sufficient reason.
(5) In a case, if the recommendation is received pursuant to Sub rule
(4), Department shall provide approval for the dissolution of the Executive
Committee on the basis of bona fide reason and appropriateness and the
concerned Irrigation office shall make the decision of dissolution on the
basis of approval of the Department.
(6) Executive Committee shall be ipso facto dissolved in a case if
not renewed within the time frame pursuant to Sub rule (1) and (2) of Rule of 8A
(7) No facility as per the Act and these rules shall be provided to the
irrigation system, as dissolved under these rules, until the new election of
Executive Committee shall be concluded.
(8) In case of dissolution of the Executive Committee as per these
rules, election shall be conducted within three months by the concerned
Irrigation Office under its direct supervision through the District Irrigation
Users’ Association and concerned District Irrigation Users’ Association
shall constitute an ad hoc committee for the operation until election.