Section 28 in The Maharashtra Management of Irrigation Systems by Farmers Rules, 2006
28. Tri-partite Agreement.
- The Water Users' Association for giving its water quota, by consent of all its members may enter into an annual tri-partite agreement between the Water Users' Association, Canal Officer and private bodies or company. All the parties to the agreement can enter into a new agreement at the end of every year with their mutual consent. As far as possible while entering into such agreement, the following factors shall be observed:-(1)Consent of all the members of the Water Users' Association in the form of a resolution of its General Body shall be necessary for entering into the tri-partite agreement, and for its renewal or modifications, if any.(2)The draft of tri-partite agreement shall be prepared by the concerned Canal Officer and shall be consented to and finalised by all the parties to the tri-partite agreement. The original draft or the modified or renewed draft of the tri-partite agreement shall be prepared by the parties concerned giving due thought to the Water Users' Association, water use entitlement, soil-crop-climate in the area of operation of the Water Users' Association and other relevant socio-economic aspects of irrigated agriculture.(3)The Canal Officer as a representative of the Appropriate Authority shall be responsible to check whether the agreement is as per the provisions of the Act and the rules thereunder and also to safeguard and protect the Canal System and Government property.(4)The terms and conditions regarding services to be provided by the private body or the company to the Water Users' Association shall be the sole responsibility of such private body or the company and the Water Users' Association. The Canal Officer and the Appropriate Authority shall not in any way responsible for such services or for any compensation or any such matter related to the tri-partite agreement.(5)The tri-partite agreement shall be valid only in the area of operation of the Water Users' Association and it shall exclusively be related to the irrigated agriculture only.(6)Disputes or conflicts, which may arise in respect of the tri-partite agreement, shall be resolved as per the provisions made in the agreement itself.(7)The original copies of tri-partite agreement shall be kept with each of the parties to the Agreement. Copy of such agreement shall be made available to the concerned members of the Water Users Association on written demand and on advance payment of fee as fixed by a Canal Officer, from time to time.
