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ARRANGEMENT OF REGULATIONS
Regulation
General
1. Scope of application
Formation and registration of
association
2.Formation
of association
3.Persons
who qualify to form association
4.Procedure
for the formation of association
by persons allocated land
for farming
5.Procedure
for the formation of association
by supervising body
6.Objects
of association
7.Rules
of operation of association
8.Service
area
9.Name
of association
10. Legal personality and
liability
Membership of the association
and rights and duties of members
11.Membership
of association
12.Rights
of a member
13.Duties
of a member
14.Termination
of membership
15.Voting
Secretary of the association
16. Powers and duties of the
secretary
Management bodies
17.Management
bodies of an association
18.General
Assembly
19.Powers
of the General Assembly
20.Duties
of the General Assembly
21.Meetings
of the General Assembly
22.Management
Committee
23.Powers
and duties of the Management
Committee
24.Meetings
of the Management Committee
25.Chairperson
of the Management Committee
26.Allowances
for members of the Management
Bodies
27.Removal
from office
28.Employees
of an association
29.By-laws
of the association
Funds of an association
30.Sources
of Funds of an association
31.Application
of funds
32.Reserve
Fund
33.Irrigation
service charge
Supervision mechanism
34.Supervising
authority
35.Legal
and financial supervision
36.Annual
reports
37.Matters
requiring authorisation by
supervising Authority
38.Records
to be kept by an association
39.Register
of Irrigation Water Users'
Associations
Dissolution and liquidation of
associations
40.Dissolution
of an association
41.Liquidation
of an association
42.Cancellation
of an association from the
Register
Federations
43.Formation
of a federation
44.Name,
powers and duties of the
federation
Irrigation and drainage systems
45.Transfer
of modern irrigation and
drainage systems
46.User
right certificate
47.Information
relating to transferred
irrigation and drainage system
48.Access
over land
Provision of services to
associations
49. Service providers
50.Service
agreement
51.Variation
of service agreements
52.Liability
of service provider
53.Determination
of irrigation service charge
Dispute settlement
54.Dispute
Settlement Committee
55.Duties
of Dispute Settlement Committee
56.Execution
57.Appeal
Miscellaneous provisions
58.Relationship
of association with local
administration
59.Interpretation
60.Revocation
and consequential amendment
IN exercise of the power
conferred on the Board of the
Irrigation
Development Authority by
subsection (1) of section 20 of
the Irrigation
Development Authority Act, 1977
(SMCD 85) and with the approval
of
the President, these Regulations
are made this 12th day of
February,
2016.
General
Scope of application
1. These Regulations apply to
associations of irrigation water
users which are formed on
irrigation infrastructures
constructed by government and
other parties on behalf of or in
concert with the Government.
Formation and registration of
association
Formation of association
2.
(1) Persons who have been
allocated land for farming in an
area serviced by an irrigation
and drainage system constructed
by or on behalf of or in concert
with Government, referred to in
these Regulations as a ·"service
area" shall form an association
of irrigation water users for
that area.
(2) Where the persons specified
in subregulation (1) are unable
or fail to establish an
association within twelve months
after the coming into force of
these Regulations or
commencement of operation of an
irrigation scheme, the
supervising authority may
facilitate the formation of the
association for these persons.
Persons who qualify to form
association
3.
Persons who possess land on the
basis of landholding system and
use the land with water supplied
from an irrigation
infrastructure constructed by
Government and other parties on
behalf of or in concert with the
Government qualify to form an
association.
Procedure for the formation of
association by persons allocated
land
for fanning
4.
(1) Persons who use irrigation
water and are not less than
fifteen in number may form an
association after those persons
have set up a provisional
initiative team to identify the
service area of the proposed
association and a founders
committee which may not exceed
twelve potential members of the
association.
(2) The founders committee
shall be composed of persons
representing different units of
the proposed service area so as
to ensure fair representation of
potential members of the
proposed association.
(3) The founders committee shall
elect its chairperson and adopt
its own rules of procedure to
carry out activities preceding
the formation of the
association.
(4) The founders committee, in
consultation with the
supervising authority for the
service area shall, in respect
of the proposed association,
prepare
(a)
rules and by-laws;
(b)
a plan of the proposed service
area that shows the size and
location of the units, if any;
(c)
application forms for the
potential members;
(d)
a list of potential members,
which shall include the name,
address and signature of each
potential member, a description
of the landholding of each
potential member and the land
certificate number; and
(e)
a draft budget and work-plan.
(S)
The founders committee shall
(a)
distribute the application forms
to potential members to fill and
execute;
(b)
supervise the filling and
signing of the application forms
by the potential members of the
association; and
(c)
give the potential members an
opportunity to comment on the
documents listed in
subregulation (4).
(6) The founders committee
shall, when at least half of the
potential members in the service
area for the proposed
association have filled and
signed the application forms,
convene a founders meeting to
(a)
approve the regulations,
by-laws, budget and work-plan of
the proposed association taking
into consideration the comments
made on these documents by
prospective members; and
(b)
elect the provisional management
committee and other officers of
the association.
(7) The quorum for a founders
meeting is half of the potential
members of the proposed
association.
(8) Matters that require
decision at a meeting shall be
decided by the majority vote of
the members present and voting
at the meeting.
(9) The provisional management
committee shall submit to the
supervising authority. an
application for registration of
the association together with
(a)
the minutes of the founders
meeting;
(b)
three copies of the regulations
and by-laws of the association;
(1...) the plan of the proposed
service area and the location of
the units, if any;
(d)
the applications of the
potential members of the
association; and
(e)
the draft budget and work-plan.
(10) The supervising authority
shall, within thirty days after
the submission of the
application, if it is satisfied
with the application and the
required documents, register the
association in the Register of
irrigation water users'
associations and issue a
certificate of registration to
the association.
(11) If the supervising
authority rejects the
application for the registration
of an association, the
supervising authority shall give
a written explanation to the
provisional management committee
within thirty days after the
decision to reject the
application is made.
Procedure for the formation of
association by the supervising
body
5.
(1) Where the persons allocated
land for farming in a service
area do not form an association
within twelve months of the
coming into force of these
Regulations or the establishment
of the service area, the
supervising authority shall
consult with those persons and
relevant stake- holders on the
need to form an association.
(2) The supervising authority
shall, in consultation with the
stake- holders, prepare for the
proposed association,
(a)
rules and by-laws;
(b)
a plan of the service area that
shows the size and location of
the units if any;
(c)
application forms for the
potential members;
(d)
a list of potential members
which includes the name, address
and signature of each potential
member and the land certificate
number and a description of
landholding of each member; and
(e)
a draft budget and work-plan for
the proposed association.
(3) The supervisory authority
shall
(a)
distribute the application forms
to potential members to fill and
sign;
(b)
supervise the filling and
signing of the application forms
by the potential members; and
(c)
give the potential members an
opportunity to comment on the
documents listed in
subregulation (2) (e).
(4) The supervisory authority
shall when at least half of the
potential members in the service
area for the proposed
association have filled and
signed the application forms
convene a founders meeting to
(a)
approve the regulations,
by-laws, budget and work-plan of
the proposed association taking
into consideration the comments
made on these documents by
prospective members; and
(b)
elect the provisional management
committee and other officers of
the association.
(5) The quorum for the founders
meeting is the same as the
quorum of a founders meeting
convened by a founders
committee.
(6) Matters that require
decision at the founders meeting
shall be decided by the majority
vote of the members present and
voting at the meeting.
(7) The Provisional Management
Committee shall
(a)
submit the documents specified
in subregulation (Y) of
regulation 4 for registration;
and
(b)
within six months of its
formation conduct elections in
respect of the members of a
substantive Management
Committee.
(8) Sub regulations (10) and
(11) of regulation 4 apply to
associations formed with the
assistance of the supervisory
authority.
Objects of association
6.
The objects of an association
are
(a)
to manage an irrigation and
drainage system wholly or partly
in its service area and provide
irrigation water and drainage
services equitably and timely to
members of the association;
(b)
to maintain, rejuvenate and
improve the irrigation and
drainage system within its
service area and to undertake
construction and reconstruction
works as may be delegated to the
association by the Authority;
(c)
to take appropriate measures to
combat erosion, salinity,
siltation pollution and
encroachment;
(d)
to make internal rules for the
use of irrigation water and
collect fees from its members
for the services provided;
(e)
to procure, maintain and operate
irrigation equipment; and
(f)
to facilitate the training of
members in irrigation
techniques, irrigation farming
methods, water saving methods
and new technologies of
irrigation.
Rules of operation of
association
7. Each association shall
(a)
act fairly and equitably in
making decisions and allocating
irrigation water;
(b)
prevent wastage and pollution of
water, combat erosion and
salinity of soil, and protect
and administer irrigation and
drainage system within the
operation area so as to promote
the protection of the
environment;
(c)
avoid discrimination on the
basis of ethnicity, gender,
religion or any other similar
grounds in its dealing with
members in the utilisation of
water;
(d)
apply a transparent and
participatory approach in
decision making processes;
(e)
encourage members to subscribe
to insurance; and
(f)
apply a system of cost recovery
and efficient use of resources.
Service area
8.
(1) Each association shall
operate within a defined service
area allocated by the
supervising body.
(2) The service area of each
association comprises a distinct
irrigation and drainage systems
unit with a defined area of land
that is capable of receiving
irrigation water through the
irrigation and drainage system
operated by that association
from one or more water supply
points.
(3) The service area of an
association shall not overlap
with the service area of another
association.
Name of association
9.
(1) Each association shall have
a name and the phrase
"irrigation water users'
association" shall be included
in the name of each association.
(2) An association shall not use
the registered name of another
association.
(3) The name of every
association shall be written
boldly and be placed where the
association conducts its
activity.
(4) The name of an association
shall be written or stamped on
every notice, letter, or
document signed on behalf of
that association.
Legal personality and liability
10.
An association formed in
accordance with these
Regulations and registered in
accordance with the Companies
Act, 1963 (Act 179) IS a body
corporate limited by guarantee
as of the date of its
registration.
Membership of the association
and rights and duties of members
Membership of association
11.
(1) A person who has user rights
over land which is located
within the service area of an
association in accordance with
the appropriate land holding
system shall be a member of the
association.
(2) A person who acquires user
rights over land located within
the service area of an
association by succession or any
other legal means shall become a
member of that association upon
payment of any outstanding
contributions and fees due to
the association from the
previous user of that land.
(3) The rights and duties of a
member of an association are
inseparable from the plots
located within the service area
of an association and shall be
transferred with the plots and
shall cease to exist where a
plot ceases to lie within the
service area as a result of an
amendment to the service area of
that association.
(4) A person who uses land
located within the service area
of an association on the basis
of a lease of more than three
years shall become a member of
the association for the duration
of the lease.
(5) A person who leases out land
located within the service area
of an association for a period
of not more than three years
shall continue as member of that
association but the lessee
(a)
shall comply with the laws of
the association;
(b)
may exercise the membership
rights of the lessor in the
association by written
authorisation of the lessor.
Rights of a member
12.
A member of an association has
the right to
(a)
obtain a fair share of the
irrigation water distributed by
the association;
(b)
benefit from other services
provided by, or through, the
association;
(c)
be elected or elect another
member to an office of the
association upon the payment of
the fees of the association;
(d)
propose agenda for discussion at
a general assembly meeting of
the association;
(e)
propose candidates for election
to offices in the different
bodies of the Association;
(f)
receive compensation from the
association for damages caused
to the crops or land of that
member as a result of the
intentional or negligent act of
an employee of the association
or as a result of the
maintenance activities
undertaken by the association;
(g)
visit the office of the
association during working hours
and peruse records of the
association; and
(h)
be provided, on request and at
meetings, with information
regarding the accounts and
management plans of the
association.
Duties of a member
13.
(1) A member of an association
shall
(a)
observe the by-laws adopted by
the General Assembly of that
association;
(b)
pay promptly a charge or provide
labour service determined in
accordance with the by-laws of
that association and these
Regulations;
(c)
use irrigation water in
accordance with the watering
schedule of that association;
(d)
repair or pay the replacement
cost of property or equipment of
the association damaged as a
result of the negligence or
intentional act of that member;
(e)
provide relevant information
relating to the use of land or
water of that member to the
association concerned;
(f)
carry out activities related to
cleaning and repairing of the
irrigation and drainage system;
(g)
allow an employee of that
association or any other person
ordered by the association to
enter the land of that member
with a vehicle or equipment for
purposes of undertaking works
relating to the operation and
maintenance of the irrigation
and drainage system; and
(h)
comply with applicable technical
rules concerning the operation
of the irrigation and drainage
system.
(2) A member of an association
who contravenes a provision of
subregulation (1) is liable to
administrative sanctions
specified under the by-laws of
that association made in
accordance with these
Regulations.
(3) The Management Committee of
an association shall impose the
sanction referred to in
subregulation (2).
(4) An appeal against a sanction
imposed under subregulation (2)
lies to the Dispute Settlement
Committee established under
regulation 54.
Termination of membership
14.
(1) A member who has ceased to
exercise user rights over land
located within the service area
of an association may terminate
membership with the association
upon giving notice, in writing,
to the association.
(2) A member is liable for the
outstanding fees due to the
association at the date on which
the membership of that member
terminates.
Voting
15.
(1) Each member has one vote
(a)
in the election of unit
representatives; and
(b)
at a meeting of the general
assembly.
(2) Matters before the
association shall be decided by
a majority of the members
present and voting and in the
event of an equality of votes,
the chairperson shall have a
casting vote.
(3) The general assembly may,
subject to approval by the
supervising authority develop
its own by-laws for proxy
voting.
Secretary of the association
Powers and duties of the
secretary
16.
The secretary of the association
shall
(a)
organise the secretariat of the
association;
(b)
keep the documents of the
association;
(c)
ensure that the minutes of the
association are well prepared
and kept;
(d)
direct the secretarial
activities of the association;
and
(e)
perform any other duties
assigned by the chairperson and
the management committee.
Management bodies
Management bodies of an
association
17.
(1) The management bodies of an
association are
(a)
the General Assembly;
(b)
the Management Committee;
(c)
the Oversight Committee; and
(d)
the Dispute Settlement
Committee.
(2) An association may provide
in its by-laws for the
establishment of other
committees that are necessary.
(3) The powers and duties of the
management bodies of an
association are as determined by
these Regulations and the
by-laws of the association.
General Assembly
18.
(1) The supreme organ of an
association is the General
Assembly.
(2) The General Assembly of an
association constitutes only
representatives of the units
unless the by-laws of that
association other- wise provide
that all members of the
association may reasonably
participate in the meetings of
the General Assembly because of
the size of the membership.
(3) Despite subregulation (2),
members who are not unit
representatives may attend
meetings of the General Assembly
but shall not vote at those
meetings.
(4) The by-laws of the
association shall, in respect of
the General Assembly,
(a)
specify the term for service of
each unit representative;
(b)
specify the number of unit
representatives in proportion to
the size of the unit;
(c)
describe the procedures for the
election, substitution and
removal of unit representatives;
and
(d)
stipulate how the unit
representatives can reflect the
opinion of the members they
represent in the meetings and
report back the results of the
meetings to their members.
Powers of the General Assembly
19.
The General Assembly may
(a)
approve the annual work plan and
budget of the association;
(b)
elect and dismiss the members of
the sub-committees of the
General Assembly upon grounds of
proven misconduct as may be
determined by the by-laws; and
(c)
approve or amend the by-laws and
internal rules of the
Association.
Duties of the General Assembly
20.
The General Assembly shall
(a)
set the amount of membership
fees and fines payable by the
members
(b)
approve the annual income and
expenditure statement and
balance sheet and the annual
report of the association;
(c)
make decisions on the
re-organization or liquidation
of the association;
(d)
set a limitation on the sale,
purchase, mortgaging or pledging
of any assets owned by the
association, investment or
conclusion of loans, overdrafts
or other financial liabilities
of the association;
(e)
approve contracts above a
certain value or of high
significance to the association
as may be specified in the
by-laws; and
(f)
decide on any issue submitted to
it by the management bodies or
other committees.
Meetings of the General Assembly
21.
(1) The General Assembly shall
hold a general meeting at least
once in a year.
(2) A general meeting of the
General Assembly shall be
chaired by the chairperson of
the Management Committee or in
the absence of the chairperson,
by the vice-chairperson.
(3) The quorum for a meeting of
the General Assembly shall be
specified in the by-laws of the
association.
(4) The Management Committee may
call an extraordinary meeting of
the General Assembly upon
written request of one third of
(a)
the members of the association;
or
(b)
the unit representatives.
(5) The procedure for calling
the meeting of the General
Assembly, setting the agenda,
proposing additional agenda and
in circulating the agenda to the
unit representatives and members
of the association shall be
specified in the by-laws.
(6) The meetings of the General
Assembly shall be presided over
by the chairperson or in the
absence of the chairperson by
the vice chair- person.
(7) The decisions of the General
Assembly shall be by a simple
majority vote except in the case
of dissolution, liquidation or
re- organisation of the
association or amendment of its
by-laws or any other matters
directly specified in its
by-laws, where decisions shall
be by a two third majority vote
of at least fifty percent of
members present and voting.
(8) The procedure for voting at
a meeting of the General
Assembly shall be prescribed in
the by-laws.
(9) The minutes of the General
Assembly meetings shall
(a)
be signed by the chairperson and
secretary of the association;
(b)
contain, as an annex, the names
and signatures of members of the
association in attendance at the
General Assembly meeting; and
(c)
be kept in the records of the
association.
Management Committee
22.
(1) Each association shall have
a management committee to be
elected in accordance with the
by-laws of the association.
(2) The management committee
shall consist of not less than
five members and not more than
eleven members.
(3) The term of office of the
management committee is, subject
to the by-laws of the
association, three years.
(4) A member of the management
committee shall not be elected
for more than two terms.
(5) The by-laws of the
association may provide that a
member of the management
committee shall be elected from
the representatives of one or
more of the units within the
service area.
(6) A member of the management
committee who has an interest in
a matter for consideration
(a)
shall disclose the nature of the
interest and the disclosure
shall form part of the record of
the consideration of the matter;
and
(b)
shall not be present at or
participate in the discussion of
the matter.
(7) A member is not eligible to
stand for election to serve on
the management committee where
that member is subject to
outstanding liabilities to the
association including fines.
(8) Membership of the management
committee shall be by election
directly by the General Assembly
supervised by the supervising
authority.
Powers and duties of the
Management Committee
23.
The management committee may
exercise the powers and
discharge the duties specified
in the by-laws of the
association and shall in
particular
(a)
implement decisions taken by the
General Assembly;
(b)
prepare the annual work plan and
budget of the association and
implement them upon approval;
(c)
be responsible for the
operations, maintenance and
management of the service area;
(d)
prepare agenda for the meetings
of the General Assembly;
(e)
call for a meeting ofthe general
assembly in accordance with the
by-laws of the association;
(f)
maintain the minutes of meetings
of the General Assembly in
writing;
(g)
submit reports to the General
Assembly on the activities and
budget of the association;
(h)
maintain the documents and books
of accounts of the association;
and
(i)
implement other activities
specified in these Regulations
or in the by-laws or determined
by the General Assembly.
Meetings
of the Management Committee
24.
(1) The management committee
shall convene a meeting once in
every month but may hold an
emergency meetings at any time
that the management committee
considers necessary.
(2) The quorum for a meeting of
the management committee is as
specified in the by-laws of the
association.
(3) Decisions of the management
committee shall be by consensus
and in the absence of consensus,
the by-laws may authorise a
decision to be by majority vote.
(4) Without limiting this
regulation, the management
committee may adopt its own
rules of procedure for meetings.
Chairperson of the Management
Committee
25.
(1) The chairperson of the
management committee shall be
the chairperson of the
association.
(2) The chairperson shall
(a)
convene and chair the meetings
of the management committee and
the annual General Assembly;
(b)
represent the association in its
dealings with third parties;
(c)
execute contracts and other
legal documents in accordance
with resolutions of the
management committee;
(d)
undertake other duties specified
in the by-laws.
(3) The vice-chairperson shall
act in place of the chairperson
where the chairperson is not in
a position to discharge the
duties of office.
Allowances for members of the
Management Bodies
26.
(1) A member of the management
committee or the dispute
settlement committee shall be
paid the allowances determined
by the General Assembly in
accordance with the budget of
the association
(2) A member of the management
committee or the dispute
settlement committee is entitled
to be reimbursed for reasonable
expenses incurred for the
purpose of performing authorized
functions of the committee.
Removal from office
27.
(1) A member of the Management
Committee or Dispute Settlement
Committee may be removed from
office by the General Assembly
on the grounds of
(a)
failure to discharge a duty;
(b)
failure to attend scheduled
meetings for more than three
consecutive times without good
reason; or
(c)
inability to attend the meeting
of the committee on the grounds
of being incapacitated.
(2) In the event of the removal
of an elected committee member
from office under subregulation
(1), the General Assembly shall
replace that member through
election.
Employees of the association
28.(1)
An association may employ a
manager and supporting staff.
(2) Subject to the by-laws of
the association, an employed
man- ager shall be a person with
suitable qualifications and
relevant experience in
irrigation management and may
not be a member of that
association.
(3) The manager is accountable
to the management committee and
may attend meetings when
requested, but shall not vote.
on a matter for decision.
(4) Subject to the by-laws of
the association, the management
committee may authorise the
manager to sign contracts which
involve the expenditure of
specific sums of money.
(5) The recruitment of the
administrative staff shall be
conducted in accordance with the
by-laws of an association.
(6) An employee of an
association shall not serve as a
unit representative or an
elected official of that
association.
By-laws of association
29.(1)
Each association shall have its
own by-laws.
(2) The contents of the by-laws
includes the
(a)
the name and address of the
association;
(b)
the objects and functions of the
association;
(c)
the service area of the
association which shall be
supported with a plan or map;
(d)
the requirements for membership
of the association;
(e)
the rights and duties of the
members of the association;
(f)
the powers, responsibilities and
duties of the management body
and any other employee of the
association;
(g)
the procedures for calling and
holding meetings of the General
Assembly of the association;
(h)
conditions for the election,
term of office, suspension and
removal of elected officers and
members of other bodies of the
association;
(i)
provisions on the setting of
fees; and
(j)
conditions for the termination
of the activities of the
association.
(3) The by-laws of the
association may be amended by a
special resolution of two-thirds
majority of the General Assembly
at a meeting attended by not
less than fifty percent of the
members.
(4) An amendment of the by-laws
shall be effective on the date
it is approved and registered by
the supervising authority.
Funds of an Association
Sources of funds of an
association
30.
The funds of an association
include
(a)
the annual membership fee, dues
and levies payable by members of
that association;
(b)
the component of the irrigation
service charge for the
association that comprises the
cost for the provision of
service and the profit margin
that is agreed on with members
of the Association;
(c)
gifts or grants;
(d)
interest on outstanding fees due
to the association;
(e)
interest on moneys deposited in
a bank account opened by that
association;
(f)
moneys that accrue to the
association from investments
made by the association;
(g)
the proceeds of fines or any
other sanction imposed on
members; and
(h)
payments for services provided
by the association.
Application of funds
31.
(1) The funds of an association
shall be applied to
(a)
cover the cost of operation and
maintenance of the irrigation
and drainage system and cleaning
any drainage ditches;
(b)
pay the service providers for
the operation of the irrigation
and drainage system or the
removal of obstructions from the
irrigation system;
(c)
pay the salaries of the staff of
the association and other
administrative costs incurred by
the association; and
(d)
maintain the Reserve Fund in
accordance with regulation 32.
(2) Members of an association
with a lower financial cost may
agree to pay part of or the full
annual membership fee in kind.
(3) For purposes of this
regulation, "payment in kind"
includes contribution of labour.
Reserve Fund
32.
(1) Each association shall keep
a Reserve Fund for purposes of
(a) emergency repairs;
and
(b)
improvement or rejuvenation of
the irngation and drainage
system of the service area.
(2) The Reserve Fund referred to
in subregulation (1) shall be
kept in an interest-yielding
bank account.
Irrigation service charge
33.
An association shall impose an
irrigation service charge on
each member in proportion to
(a)
the volume of irrigation water
used by that member; or
(b)
the size of the plot ofland used
by that member for irrigation
purposes.
Supervision Mechanism
Supervising authority
34.
(1) There shall be a supervising
authority for associations
formed under these Regulations
which shall
(a)
provide training and create
awareness in connection with the
establishment and operation of
associations;
(b)
provide technical assistance and
support to associations in
respect of issues bordering on
water management, accounting,
financial planning, irrigation
techniques and practices,
maintenance and gender issues;
(c)
assist in the formation of new
associations in accordance with
these Regulations;
(d)
establish and maintain the
Register of Irrigation Water
Users' Associations; and
(e)
conduct legal and financial
supervision in accordance with
regulation 35.
(2) A supervising authority that
is in the conduct of legal and
financial supervision in
accordance with paragraph (e)
of subregulation (1) is
limited to the activities of the
association of which it is the
supervising authority.
(3) Subregulation (2) applies
to a supervising authority that
does not comply with the
provisions of these Regulations
and applicable accounting rules.
(4) A supervising authority may
delegate its powers and duties
specified in paragraphs (a),
(b) and (e) of
subregulation (1) to another
appropriate authority.
Legal and fmancial supervision
35.
(1) A supervising authority
shall inspect the records of an
association where
(a)
a written request is filed by
two-fifths of the members of
that association alleging the
mismanagement of or impropriety
in the operations of the
association; or
(b)
there is prima facie evidence of
legal or financial malpractice.
(2) Where a supervising
authority finds evidence of
financial malpractice or
non-compliance with the
provisions of these Regulations
or the by-laws of an
association, the supervising
authority shall
(a)
require the Management Committee
of that association to call an
extraordinary meeting of the
General Assembly within thirty
days ·of its findings; and
(b)
present the findings to the
members of the association
during the meeting.
(3) Where the Management
Committee fails to call the
extraordinary meeting of the
General Assembly in accordance
with subregulation (2), the
supervising authority shall
(a)
call the extraordinary meeting;
(b)
present the findings of the
investigation to the General
Assembly;
(c)
facilitate the removal of
members of the Management
Committee involved in the
malpractice; and
(d)
ensure the election of new
members of the Management
Committee at the meeting.
Annual reports
36.
(1) Each association shall,
within ninety days after the end
of each financial year submit an
annual report to the supervising
authority, in the approved
format, together with a copy of
the accounts of the association.
(2) The annual assets and
liabilities, and income and
expenditure statement of the
association shall be approved by
the General Assembly.
Matters requiring
authorisation
by supervising authority
37.
(1) An association shall obtain
the written authorisation of the
supervising authority before
that association
(a)
amends the by-laws of an
association;
(b)
modifies the service area of an
association;
(c)
forms a federation;
(d)
pledges or mortgages assets of
that association;
(e)
cancels the water use right of a
member of the association in
accordance with these
Regulations.
(2) An association which
requires the written
authorisation of a supervising
authority before carrying out an
activity referred to in
subregulation (1) shall submit
an application to the
supervising authority.
(3) The supervising authority
shall within thirty days of
receipt of the application take
a decision on the application
and inform the applicant of the
decision taken.
Records to be kept by an
association
38.
An association shall establish
and maintain
(a)
a plan showing the service area
of that association;
(b)
a register of members which is
subject to renewal and update
every year and which contains a
description of the size and
location of the landholding of
each member;
(c)
a register of the volume of
water received or discharged by
the association;
(d)
a register of the volume of
water received by members;
(e)
a register of fees paid and owed
by members;
(f)
a register containing the
minutes of the meetings of the
General Assembly and management
committee;
(g)
a register containing
transactions and contracts
entered into by the association;
.
(h)
an inventory of assets;
(i) a register
containing inspections, studies
and surveys conducted on the
irrigation and drainage system
used by the association;
(;j) a record of
maintenance activities;
(k)
a complete and accurate books of
accounts and financial
documents; and
(I)
any other records specified in
the by-laws of that association.
Register of Irrigation Water
Users' Associations
39.
(1) The supervising authority
shall establish and maintain a
Register of Irrigation Water
Users' Associations.
(2) The Register shall contain
the following details of each
association:
(a)
the name and address of the
association;
(b)
the date of registration of the
association;
(c)
the size and location of the
service area of the association;
(d)
the number of members of the
association;
(e)
the names, addresses and
telephone numbers of the members
of the Management Committee of
the association; and
(f)
the condition of government
owned infrastructure transferred
to the association.
(3) A member of the association
shall have the right of access
to the Register at any time
within office hours.
Dissolution and liquidation of
associations
Dissolution of an association
40.
The General Assembly of an
association may, by a two thirds
majority vote and upon approval
of the supervising authority,
dissolve that association on one
of the following grounds:
(a)
that the purpose for which the
association was formed no longer
exists;
(b)
that the purpose for which the
association was formed is no
longer practically
implementable; or
(c)
the existence of the association
is no longer required
Liquidation of an association
41.
(1) Where an association is
dissolved in accordance with
regulation 40, the supervising
authority in consultation with
the Management Committee shall
assign a liquidator.
(2) A liquidator assigned in
accordance with subregulation
(1) shall
(a)
receive records and documents in
respect of the properties of the
association and protect them
from damage;
(b)
keep custody of the assets and
properties of the association;
(c)
call on creditors of the
association;
(d)
distribute the assets and
properties of the association in
accordance with the decision of
the General Assembly approved by
the supervising body;
(e)
carry out the necessary
activities of the association
for the proper liquidation of
the affairs of the association;
and
(f)
represent the association in
legal proceedings.
(3) These Regulations and the
relevant by-laws of the
association shall continue to
apply to each association and
its members until Liquidation
proceedings have been concluded.
(4) The remuneration of the
liquidator shall be paid from
the accounts of the association.
Cancellation of an association
from the Register
42.
(1) The supervising authority
shall, upon conclusion of the
liquidation process, cancel the
registration of the association
from the Register of Irrigation
Water Users' Association.
(2) An association is considered
dissolved from the date the
entry in respect of that
association in the Register of
Irrigation Water Users'
Association is cancelled.
Federations
Formation of a federation
43.
(1) A federation of Irrigation
Water Users' Association may be
formed for purposes of
administering the whole or part
of the main irrigation and
drainage system and supplying
irrigation water to users.
(2) The federation shall be
formed by the decision of the
supervising authority or
majority of members of the
associations using irrigation
water from the main irrigation
and drainage system.
(3) An association that
receives water from a main
irrigation and drainage system
managed by a federation formed
in accordance with subregulation
(2) shall be a member of that
federation.
(4) A federation shall not
(a)
supply irrigation water to a
person other than a member of an
association, or
(b)
undertake an activity within the
service area of a· member of an
association except by the
written permission of that
association.
Name, powers and duties of
federation
44.
(1) Each federation shall have a
unique name which shall consist
of the name of the place that
federation manages or some other
distinctive name followed by the
words "Federation of Irrigation
Water Users' Associations" .
(2) A federation shall
(a)
manage, operate and maintain a
main irrigation and drain- age
system and conduct construction
works so as to upgrade the
operations of that federation;
(b)
issue by-laws in respect of
irrigation water consumption and
collection of fees from the
member associations of the
federation for the services
provided to the member
associations;
(c)
procure, substitute, operate and
maintain irrigation equipment on
behalf of the members of that
federation; and
(d)
support the members of the
federation in capacity-building
activities.
(3) Subject to regulations 43
and this regulation, the
provisions of these Regulations
applicable to an association
also apply to a federation
formed in accordance with
regulation 43.
(4) The members of a federation
may agree in the by-laws of that
federation that
(a)
each association shall delegate
a specified number of members of
the Management Committee of that
association to serve the
federation; and
(b)
the members delegated shall
assume the functions of the
General Assembly of the
federation.
Irrigation and drainage systems
Transfer of modern irrigation
and drainage systems
45.
(1) Where an irrigation and
drainage system of an
association lies within the
service area of another
association, the supervising
authority of that association
may, in agreement with the
association based on the
principle of cost recovery,
transfer to the other
association the user right of
the part of the irrigation and
drainage system.
(2) A transfer under
subregulation (1) shall only
take place after both parties
have conducted a joint
inspection exercise.
(3) Despite subregulation (1),
an association may apply to the
appropriate supervising
authority to transfer to that
association, for an indefinite
period, the user right of the
part of the irrigation and
drainage system where the
irrigation and drainage system
lies within the service area of
the association.
(4) Where the service area of an
association lies in the water
supply point of a dam, weir,
diversion structure, pump
station or any other type of
infrastructure to which water is
abstracted from a river, stream,
reservoir, pond or any other
natural source, that
infrastructure may be
transferred to that association.
(5) The transfer agreement of an
irrigation and drainage system
shall contain the
(a)
description of the condition of
irrigation and drainage sys- tem
to be transferred; and
(b)
the rights, roles and
responsibilities of the parties
to the agreement in terms of the
maintenance of the
infrastructure.
(6) A supervising authority
shall ensure the protection and
maintenance of the part of an
irrigation and drainage system
that is under the control of
that supervising authority and
has not been transferred to any
association.
User right certificate
46.
(1) An association may apply to
the supervising authority for a
user right certificate in
respect of a traditional
irrigation system that lies
within the service area of that
association
(2) The supervising authority
shall within thirty days from
the receipt of the application
(a)
take a decision on the
application; and
(b)
inform the applicant of the
decision taken.
(3) Where the supervising
authority approves the
application, it shall issue a
user right certificate to the
applicant.
(4) A user right certificate
issued in accordance with
subregulation (3) shall
(a)
contain a description of the
traditional irrigation system;
and
(b)
establish the rights and duties
of that association.
Information relating to
transferred irrigation and
drainage system
47.
(1) An association shall provide
to its supervising authority,
current information relating to
the maintenance and condition of
a transferred irrigation and
drainage system.
(2) A duly authorised officer of
the supervising authority may
enter into the service area of
an association and inspect the
condition of the irrigation and
drainage system transferred to
that association.
(3) The authorised officer of
the supervising authority may,
after the inspection, require
the association to undertake
specified works, where
necessary,
(a)
to prevent damage to the
irrigation and drainage system
in order to ensure the quality
of irrigation water supplied; or
(b)
to prevent damage to government
or third party property due to
the usage of the irrigation and
drainage system.
(4) Where an association fails
to comply with a directive given
under subregulation (3), that
association shall face the
appropriate sanctions specified
in the by-laws of the
association.
Access over land
48.
An association may acquire
access over any land necessary
to rehabilitate or develop an
irrigation and drainage system
for a member of the association
upon
(a)
approval by the supervising
authority; and
(b)
payment of rent to the land
owner in accordance with the
applicable law.
Provision of services to
associations
Service providers
49.
(1) A service provider
responsible for the operation
and maintenance of the main
irrigation and drainage system
of an association shall provide
that association with irrigation
water and other related services
where the water supply point of
the service area of the
association is
(a)
a gate;
(b)
a turnout;
(c)
a pumping station; or
(d)
any other infrastructure on the
main irrigation and drain- age
system that is not managed by a
federation.
(2) The conditions to be
satisfied by a public enterprise
or a licensed private entity
established in respect of the
supply of irrigation water and
any other related services to an
association shall be specified
by guidelines issued under these
Regulations.
(3) A service provider shall
provide irrigation water and any
other related services referred
to in subregulation (1) to an
association on the basis of a
service agreement reached with
that association.
Service agreement
50.
(1) The term of a service
agreement shall not be less than
five years except where the
association concerned requests
for a shorter term of service
agreement.
(2) Where an association
requests for a shorter term of
service agreement under
subregulation (1), the term of
the service agreement shall not
be less than three years.
(3) A service agreement shall be
made in a standard format and
shall include
(a)
information on the water supply
point;
(b)
the season of the year in which
irrigation water is to be
supplied;
(c)
the procedure for requesting
water supply during the
irrigation season;
(d)
the maximum volume of water the
association requires during each
irrigation season in accordance
with a monthly schedule, subject
to any restriction on the
service provider to supply the
water by any appropriate body;
(e)
measures to be taken to reduce
water wastage, pollution and
salinity;
(f)
charges and payment conditions;
(g)
liabilities and limitations on
the use of water;
(h)
penalties for non-compliance
with the conditions of the
contract; and
(i)
any other condition necessary to
promote the effective use of
water or to implement any legal
obligations of the service
provider concerning the
provision of water as stipulated
in the relevant enactment. .
Variation of service agreements
51.
(1) A service agreement may be
varied or amended with the
consent of both the association
and service provider concerned.
(2) A service provider shall not
suspend the supply of water or
any other service under a
service agreement to an
association except where that
association delays payment of
any outstanding charges for more
than sixty days.
(3) A service agreement
concluded in accordance with
these Regulations may be
terminated
(a)
where one of the parties
persistently fails to comply
with the terms of the agreement;
or
(b)
on the dissolution of the
association.
Liability of service provider
52.
(1) A service provider that
fails to supply water to an
association
(a)
in the agreed quantity, or
(b)
in accordance with the time
schedule
is liable to pay to that
association compensation
equitable to the damage suffered
by the association.
(2) A member of an association
who has suffered a loss as a
result of the inability of the
service provider to provide
irrigation water to that
association is deemed to be a
party to the contract for the
purpose of calculating the
amount of compensation to be
claimed
"region" means any political or
administrative region referred
to in Article 4 (1) of the 1992
Constitution of the Republic of
Ghana;
"Register" means the register of
irrigation water users
associations required to be
maintained by the supervising
authority pursuant to regulation
39;
"service area" means the defined
land area within an irrigation
and drainage system where an
association operates;
"service provider" means any
public or private enterprise,
other than a federation, which
conducts the management,
operation and maintenance of the
main irrigation and drainage
system;
"supervising authority" means a
body designated by Government as
being responsible for organising
and facilitating the
registration of associations,
providing training and other
technical assistance to
associations or undertaking
other activities specified in
these Regulations;
"unit" means a defined part of
the service area of an
association;
"unit representative" means a
member elected to represent a
unit at a meeting of the general
assembly; and
"water supply point" means a
point at which an association
takes responsibility for the
management of irrigation water
from a dam or weir, a diversion
structure, a gate or turn-out, a
canal, a lateral, a hydrant, a
well, a spring or a pumping
station of a main irrigation and
drainage system.
Revocation and consequential
amendment
60.
(1) Regulations 1 (3), 8,
9,10,11,12,13,14, IS,
16,17,18,19,20, 21,22,23,24,25
and 26 of the Irrigation
Development Authority
Regulations, 1987 (L.l. 1350)
are revoked.
(2) A reference in the
Irrigation Development Authority
Regulations, 1987 (Ll. 1350)
(a)
to "Farmers' Association" shall
be read as a reference to the
"Water Users' Association", and
(b)
to "irrigation project" shall be
read as a reference to
"irrigation scheme";
provided for in these
Regulations.
HON F. F. KWETEY (MP)
Minister responsible for Food
and Agriculture
Date of Gazette
notification: 16th February,
2016.
Entry into force 17th
May, 2016.
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