Section 8 in The U.P. Participatory Irrigation Management Act, 2009
8. Managing committee of water users' association at outlet level (Kulaba samiti) and election of its members and office bearers.
(1)The command of an outlet shall be divided into such number of sub-commands as may be prescribed. Each sub-command shall have almost equal number of landholders.(2)There shall be a managing committee for every kulaba samiti headed by a Chairperson. The committee shall have one representative each from every sub-command. If there is no representation of person belonging to Scheduled Castes or Scheduled Tribes or of women or panchayats in the managing committee, one person against each unrepresented category and chairman of jal prabandhan samiti of gram panchayat shall be co-opted by the managing committee from amongst members of the general body. Such managing committee shall be responsible to discharge the functions of the kulaba samiti.(3)The representative of sub-command shall be directly elected from amongst the landholders of the sub-command for such period and in such manner as may be prescribed/The Chairperson and other office bearers of the managing committee shall be elected by itself from amongst the representatives of the sub-commands in the first meeting of kulaba samiti. The first meeting of such kulaba samiti shall be presided over by the competent canal officer. The tenure of the Chairperson and other office bearers shall be such as may be prescribed:Provided that no member of me general body shall hold more than one post of office bearer in the managing committee:Provided further that no member of the general body who is an office bearer in the managing committee of a kulaba samiti shall be an office bearer in the managing committee of any other water users' association at any level. In case an office bearer of a kulaba samiti is elected as office bearer of an upper level water user association, he shall cease to be an office bearer of the kulaba samiti.(4)If any member of managing committee fails to discharge the duties under this Act, he may be recalled in such manner as may be prescribed.(5)If a member of the managing committee has been elected to upper level water users' association, has been recalled or is dead, the position thus falling vacant shall be filled within prescribed time.(6)If an outlet directly offtakes from distributary or branch then the competent canal officer shall move for constitution of a water users' association comprising of specified number of kulaba samitis of direct offtakes and its affiliation with water users' association at distributary or the branch as the case may be. The status of such water users' association shall be that of a water users' association at minor level.Further, the managing committee of such water users' association shall form the general body of water users' association at distributary or branch level as the case may be for purpose of representation and other functions.(7)If the constitution of water users' association as aforesaid in sub-section (6) is not feasible, then the level of affiliation of kulaba samitis concerned shall be determined after consultation as prescribed with each such kulaba samiti arid affiliating water users' association. The managing committee of the kulaba samiti in such case shall form the general body of the affiliating water users' association for purpose of representation and other functions. In case, affiliation is not feasible, the competent canal officer shall discharge all functions and powers of immediate upper level water users' association for such kulaba samiti(s) till such affiliation.Explanation. - For the purpose of constitution and federation of cluster of direct offtaking kulaba samitis, the principle of contiguity and common hydrological flow shall be prime consideration. In case of exceptional situation of inability to constitute and affiliate as in sub-sections (6) and (7), competent canal officer shall discharge all functions and powers of immediate water users' associations for such kulaba samiti.(8)If kulaba directly offtakes from main canal, the competent canal officer shall discharge all functions and powers of immediate upper level water users' association for such kulaba samiti(s).
