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State of Maharashtra - Section

Section 39 in The Maharashtra Management of Irrigation Systems by Farmers Rules, 2006

39. Settlement of disputes.

(1)The member of the Water Users Association at Minor Level having a dispute or differences with the constitution, management, powers or functions of the Water Users' Association shall submit an application within a period of fifteen days from the date of occurrence of such a dispute or differences, stating therein the particulars of the dispute along with a fees of rupees ten payable to the Water Users' Association concerned in person during the office hours or forward the same through post to the Managing Committee of the Water Users' Association at Minor Level. The Managing Committee of the Water Users' Association shall dispose of the said application within a period of forty-five days from the date of receipt of the same, provided that, the individual or the Association against whom the application has been made shall be given a reasonable opportunity of being heard.
(2)The person who is a member of the Water Users' Association at Minor Level and who has a dispute or differences with the Managing Committee of Water Users' Association at Minor Level or a Managing Committee of the Water Users' Association at Minor Level who is having a dispute or difference with the other Water Users' Association at Minor Level shall submit an application within a period of fifteen days from the date of occurrence of such a dispute, stating therein the particulars of the dispute, during the office hours or forward the same through post to the Distributory Level Association or to the Sub-Divisional level Canal Officer, if the Distributory Level Association does not exist. The applicant shall pay a fees of rupees ten to the Distributory Level Association or the Sub-Divisional level Canal Officer, as the case may be, alongwith the application. The Distributory Level Association or the Canal Officer shall be disposed of the application within a period of forty-five days from the date of receipt of the same, provided that, the Managing Committee of the Water Users' Association against whom the application has been made, shall be given a reasonable opportunity of being heard.
(3)The Water Users' Association at Minor Level who is having a dispute or differences with the Managing Committee of the Distributory Level Association, or the Distributory Level Association who is having a dispute or a differences with the other Distributory Level Association shall submit an application within a period of fifteen days from the date of occurrence of such a dispute, stating therein the particulars of the dispute, either in person during the office hours or forward the same through post to the Canal Level Association or to the Executive Engineer concerned if the Distributory Level Association does not exist. The applicant shall pay a fees of rupees ten to the Canal Level Association or to the Executive Engineer concerned, as the case may be, alongwith the application. The Managing Committee of the Canal Level Association or the Executive Engineer concerned shall disposed of such application within a period of forty-five days from the date of receipt of the same, provided that, the Managing Committee of the Distributory Level Association against whom the application has been made shall be given a reasonable opportunity of being heard.
(4)The Distributory Level Association who is having a dispute with the Managing Committee of the Canal Level Association, or the Canal Level Association who is having a dispute with the other Canal Level Association shall submit an application within a period of fifteen days from the date of occurrence of such a dispute, stating therein the particulars of the dispute, either in person during the office hours or forward the same through post to the Project Level Association or to the concerned Superintending Engineer if the Project Level Association does not exist. The applicant shall pay a fees of rupees ten to the Project Level Association or to the Superintending Engineer concerned, as the case may be, alongwith the application. The Project Level Association or the Superintendent Engineer concerned shall disposed of such an application within a period of forty-five days from the date of receipt of the same, provided that, the Managing Committee of Canal Level Association against whom the application has been made shall be given a reasonable opportunity of being heard.
(5)The Canal Level Association who is having a dispute or differences with the Managing Committee of the Project Level Association, or the Project Level Association who is having a dispute with the other Project Level Association shall submit an application within a period of fifteen days from the date of occurrence of such a dispute stating therein the particulars of the dispute either in person during the office hours or forward the same through post to the Chief Engineer. The Chief Engineer shall dispose of the said application within a period of forty-five days from the date of receipt of the same, provided that, the Managing Committee of the Project Level Association against whom the application has been made shall be given a reasonable opportunity of being heard.
(6)The Project Level Association who is having a dispute or differences with the Appropriate Authority shall submit an application within a period of fifteen days from the date of occurrence of such dispute stating therein the particulars of the dispute to the Maharashtra Water Resources Regulatory Authority in person during the office hours or forward the same through post. The prescribed authority shall disposed of such application within a period of forty five days from the date of receipt the same, provided that, a reasonable opportunity shall be given to the Chief Engineer of being heard. The decision of the said Authority shall be final :
(7)Notwithstanding anything contained in sub-rule (1) to (6), the Authority to whom dispute has been preferred may for sufficient reasons to be recorded in writing condone the delay in filing the application of dispute beyond fifteen days.