TABLE OF CONTENTS
ACRONYMS ..................................................................................................................... I
GLOSSARY ..................................................................................................................... III
CHAPTER I ...................................................................................................................... 1
1
INTRODUCTION ................................................................................................................................................... 1
1.1
Importance of Good Governance ................................................................................................................ 1
1.2
Principles of good Governance .................................................................................................................... 2
1.3
Introduction to GZD..................................................................................................................................... 2
CHAPTER 2 ..................................................................................................................... 5
2
METHODOLOGY ................................................................................................................................................... 5
2.1
RIPORT in GZAP ........................................................................................................................................... 5
2.2
Involvement of Govt. line departments ....................................................................................................... 5
2.2.1 Government Involvement............................................................................................................................ 6
2.2.2 Government (KP) Support ........................................................................................................................... 6
2.3
Organizing Communities into VCs ............................................................................................................... 6
2.4
Provision of Services to Farmers in Accountable Manner ........................................................................... 8
CHAPTER 3 ..................................................................................................................... 9
3
REVIEW OF IRRIGATION WATER GOVERNANCE MODELS .................................................................................... 9
3.1
Importance of Irrigation Water Governance............................................................................................... 9
3.1.1 Some Suggestions to Deal with Water Scarcity .......................................................................................... 9
3.2
Concept of Irrigation Water Governance .................................................................................................. 11
3.3
Irrigation Water Governance Models ....................................................................................................... 12
3.3.1 Andhra Pradesh, India ............................................................................................................................... 12
3.3.2 Latin American and Caribbean (LAC) countries ......................................................................................... 14
3.3.3 Comparison of Water Policies in Developed & Developing Countries ....................................................... 14
3.3.4 Indonesia ................................................................................................................................................... 15
3.3.5 China ......................................................................................................................................................... 15
3.3.6 Turkey ....................................................................................................................................................... 15
3.3.7 Mexico ....................................................................................................................................................... 16
3.3.8 The Netherlands ........................................................................................................................................ 16
3.4
Pakistan’s Experience ................................................................................................................................ 17
3.4.1 Designing an Appropriate Water Governance System for Gomal Zam Project ........................................ 18
3.4.1.1
Watercourse Association—1s Tier ........................................................................................................ 19
3.4.1.2
Federation of WAs—2nd Tier ............................................................................................................... 20
3.4.1.3
Farmers' Organization (FO)—3rd Tier ................................................................................................... 20
3.5
Khyber Pakhtunkhwa Experience .............................................................................................................. 21
3.5.1 Provincial Irrigation and Drainage Authority ............................................................................................ 21
3.5.2 Area Water Boards .................................................................................................................................... 22
3.5.3 Farmers’ Organizations (FOs).................................................................................................................... 23
3.5.3.1
Bye-Laws and Regulations for F.Os. ...................................................................................................... 23
3.5.3.2
Functions and powers of F.Os. .............................................................................................................. 23
3.5.4
3.5.5
3.5.6
3.5.7
Swat Canal System .................................................................................................................................... 24
Functioning of Swat Canal Area Water Board .......................................................................................... 24
Chashma Right Bank Canal (CRBC) System ............................................................................................... 25
Functioning of Chashma Right Bank Canal (CRBC) System ....................................................................... 26
CHAPTER 4 ................................................................................................................... 27
4
GOVERNANCE MODEL FOR IRRIGATED AGRICULTURE IN COMMAND AREA OF GOMAL ZAM CANAL SYSTEM . 27
4.1
Background ............................................................................................................................................... 27
4.2
Proposed Governance Model for Irrigated Agriculture under Gomal Zam Canal System ......................... 28
4.2.1 Gomal Zam Dam Canal Water Board ........................................................................................................ 28
4.2.2 Formation of Farmers’ Organizations ....................................................................................................... 29
4.2.3 Water Users Associations.......................................................................................................................... 30
4.3
Modification in existing laws required for better delivery of services ....................................................... 30
4.4
Indicators proposed for sustainable development of command area ...................................................... 30
4.5
Canal System Operation and maintenance ............................................................................................... 31
4.6
Recent Changes in Gomal Zam Project Increase Project Risks .................................................................. 31
CHAPTER 5 ................................................................................................................... 33
5
RECOMMENDATIONS ........................................................................................................................................ 33
ANNEXURE................................................................................................................... 35
NWFP IRRIGATION AND DRAINAGE AUTHORITY ACT 1997 ................................................................................................. 35
REFERENCES................................................................................................................. 54
ACRONYMS
ADB
Asian Development Bank
ARI
Agriculture Research Institute
AWB
Area Water Board
AZRI
Arid Zone Research Institute
CCA
Cultivable Command Area
CDWP
Central Development Working Party
CRBC
Chashma Right Bank Canal
CTA
Chief Technical Advisor
D.I.Khan
Dera Ismail Khan
DC
Deputy Commissioner
ECNEC
Executive Committee of National Economic Council
FGDs
Focus Group Discussions
FOs
Farmers’ Organizations
GZD
Gomal Zam Dam
GZDCADP
Gomal Zam Dam Command Area Development Project
IMT
Irrigation Management Transfer
JUC
Joint Union Councils committee
KP
Khyber Pakhtunkhwa
LAC
Latin American and Caribbean
LOS
Letter of Support
M&E
Monitoring & Evaluation
NGO
Non Governmental Organization
O&M
Operation & Maintenance
OECD
Organization for Economic Co-operation and Development
OFWM
On-Farm Water Management
i
P&D
Planning & Development Department
PHLC
Pehur High Level Canal
PIDA
Provincial Irrigation and Drainage Authority
PRA
Participatory Rural Approach
PWD
Public Works Department
RIPORT
Institute of Policy Research and Training
SCARP
Salinity Control and Reclamation Project
SCAWB
Swat Canal Area Water Board
SGAFP
Small Grants Ambassador Fund Program
SGW
Saline Ground Water
SRC
Steering and Review Committee
UCs
Union Councils
UNDP
United Nations Development Program
USAID
United States Agency for International Development
VCs
Village Committees
WAPDA
Water and Power Development Authority
WUAs
Water Users Associations
WUOs
Water Users Organizations
ii
GLOSSARY
Abiana:
Water charges levied on use of irrigation water in
accordance predetermined rate per acre per crop.
Bund:
Earthen flow diversion structure.
Cultivable Command Area:
Cultivable area having water right under Gomal Zam
Canal.
Farmers’ Organization (FO):
Representatives from a number of WUAs at a
minor/distributary level for an association called
Farmers’ Organization.
Gandi/Sad:
Any obstruction constructed across the bed of torrent
or its branch for diverting flood flows towards the
fields.
Haqooq:
The area on channel having water rights out of hill
torrents.
Karezes:
Under ground watercourse usually practiced in
Baluchistan.
Mogha:
Uncontrolled outlet from parent canal to watercourse.
Public goods and services:
A product or service that one individual can consume
without reducing its availability to another individual
and from which no one is excluded.
Rod Kohi:
Irrigation from hill torrent.
Warabandi:
Rotational method for equitable distribution of
available water in an irrigation system by turns fixed
according to a predetermined schedule specifying
the day, time and duration of supply to each irrigator
in proportion to the size of his landholding.
Water Intensity:
Volume of water passing per second.
Water Users Association:
Association of farmers having water right on a water
course.
Zam
Local term for perennial flow in hill torrent irrigation
system service area
iii
CHAPTER I
1
INTRODUCTION
1.1 Importance of Good Governance
Good governance and proper management of an irrigation system through stakeholders is
the sine qua non of developing trust between the state and its citizens. It is based on justice
and employs the rule of law for determining rights and quotas where patronage is not
considered a good practice. Such an approach is recognized as one of the most important
component of a successful CCA development model. It was in this background that the
Secretary General of the United Nations stated that “Good governance is perhaps the single
most important factor in eradicating poverty and promoting development”1.
Keeping in view the importance of good governance, a potential model is suggested for the
socio-economic development and poverty eradication from the command area of Gomal
Zam Canal Project.
The governance is about exercising authority within a framework defined and protected by
law with the goal of providing common public goods and services. The Asian Development
Bank (ADB) defines governance as the manner in which power is exercised in the
management of a country’s economic and social resources for development. Governance
is the exercise of political, economic, and administrative authority in the management of a
country’s affairs. It comprises the mechanisms, processes, and institutions through which
citizens and groups articulate their interests, exercise their legal rights, meet their
obligations, and mediate their differences.2
Agricultural governance is concerned with increase of growth and development of a
country’s agriculture sector and managing the consequences of this process through the
effective functioning of its institutions, the application of technology and scientific
innovations, and the implementation of policies, adherence to acts and regulations, and
active participation of all stakeholders leading to long term sustainability of the irrigation
system.
The involvement of other actors in the provision of public goods, individually or organized in
groups, associations, cooperatives, societies or networks is what sets governance apart
from government. These actors may vary depending on the level of governance being
considered. At the local level, they may be farmers’ groups, associations and cooperatives,
field units of extension and research organizations, NGOs, microfinance institutions, political
parties, etc3.
1
Kofi Annan in Annual Report to the General Assembly of the United Nations, 1998.
Good Agricultural Governance, A resource guide focused on smallholder crop production, by
Subash Dasgupta Indrajit Roy, Bangkok 2011
3
Ibid (2)
2
1
1.2 Principles of good Governance
The United Nations regards good governance as having eight major principles to formulate
a realistic model based on such principals for natural resource management.4
1. Participation
2. Consensus-orientation
3. Accountability
4. Transparency
5. Responsiveness
6. Equity and inclusiveness
7. Effectiveness and efficiency
8. Consistency with the rule of law.
1.3 Introduction to GZD
Gomal Zam Dam (GZD) is a hydro-electric power and irrigation project in northwest
Pakistan. It sits on the Gomal River in the South Waziristan Agency and impounds the river
at Khajuri Kach. It is an arched, gravity-type roller-compacted concrete dam with a height of
437 feet, and has a gross storage capacity of 1,140,000 acre feet. It can irrigate about
191,000 acres of land, and produce 17.4 MW of electricity.
Initiated by WAPDA as the executing agency in July 2002 and with completion scheduled
in February 2013; there are four major components of this 12 billion rupees worth scheme:
Dam & Spillway, Diversion Tunnel, Hydro Power, & Irrigation System. Of the four it is the
irrigation related component that is facing the most delays and posing the most challenges.
To better understand the reasons for the same, it is important to first look at the backdrop.
In KP, Districts Tank and Dera Ismail Khan in their role as upper and lower riparian of Gomal
River would be directly affected from this project. As the Gomal Zam project’s irrigation
system would, with the construction of a 63km long canal and 369km long distributaries,
irrigate the Cultivable Command Area (CCA) of over 191,000 acres spread over 10 UCs in
the two districts.
Prior to Gomal Zam Canal irrigation project, the area was irrigated through a traditional spate
irrigation system known as Rod-Kohi, which consisted of utilizing hill torrents for irrigation
by the construction of temporary dykes. The controlling structure is made of soil that is
formed as a barrier across the torrent usually constructed through use of oxen and tractors.
This structure controls the heavy flow and at secondary level diverts water to sub streams.
The core principle involved by the controlling structure is to (i) control flow of water intensity
and (ii) distribute water into further small canals for use in the fields.
What is good governance? United Nation Economic and Social Commission for Asia and the pacific,
No Date, UNESCAP.
4
2
These small torrents (wah) are further controlled by other structures in order to divert water
to tertiary level known as Gandi, Ghatta or wakra. Each structure controls and diverts water
according to size of stream/Nullah. Water at tertiary level enters into fields. It is previously
decided by the stakeholders and government staff what areas will be irrigated according to
rights.
Saroba-Paina System is the most important rule of distribution of Rod-Kohi irrigation water.
Saroba refers to head and Paina means down or tail in local language. It describes the
division of water into different streams, villages, areas, individual fields according to time
and amount. The local farmers have made rules that certain areas have irrigation rights only
and these command areas are known as Raqba Mutalliqa – literary meaning ―area
concerned. The procedures adopted states that the upstream farmers have first right of
water for their fields and can use as much they can. In case of smaller flow water is then
applied only there and Sad/Gandi is not broken and remains there till next flood. Upon
occurrence of second flood/flow then depending on the requirement, season, climate, and
wish of upstream users, water is applied to Saroba fields or allowed to flow down. On smaller
hill torrent Saroba Sad/Gandi can remain till water is applied to all fields having rights of
irrigation (Raqba Mutalliqa or Peech). The Sad can remain there for several years till
intensity of flood forces a breach or is intentionally broken by Saroba farmers under the local
laws already described.
The idea to provide support to the communities of GZD beneficiaries, for smooth
transformation of their role from Rod-Kohi irrigation system to canal irrigation system, was
first advocated by Regional Institute of Policy Research and Training (RIPORT) and was
subsequently supported by USAID – SGAFP as well as the government of KP. Before
designing the project interventions several reconnaissance visits were made by RIPORT to
obtain maximum information. Meetings were held with communities, district administration,
and agriculture experts in Gomal University, agriculture department, WAPDA, OFWM,
CRBC and GZD engineers from both the districts of Tank and D.I Khan. The result of these
meeting and needs identified during reconnaissance visit was shared with P&D department.
USAID – SGAFP subsequently approved the proposal of Gomal Zam Command Area
Advocacy Program (GZAP) for implementation in Tank and D.I Khan Districts. The goal of
GZAP is to “Strengthen the rural communities and to mitigate the danger of conflict expected
to arise because of the shortage of availability of water and issues connected to the design
of different intensities of irrigation in the CCA”.
The GZAP aims to mobilize the local community for the introduction of appropriate irrigation,
agricultural and other related practices in the CCA of the project. RIPORT conducted field
visits and united the communities through formation of Village Committees (VCs), this was
to be the forum to represent communities at the Union Council level and would actively work
for the development of their village. RIPORT created 33 VCs that were provided with training
and exposure by making visits to Chashma Right Bank Canal Project (CRBC) for learning
purposes. The government of Pakistan initiated the CRBC project in 1979 for supply of
irrigation water over to 570,000 acres of land (350,000 acres in district D.I.Khan of KP and
220,000 acres in D.G.Khan district of Punjab). The CRBC area and farmer characteristics
are similar to the profile of land and customs of farming and thus could be beneficially case
studied for the GZ area.
3
To establish long term institutional sustainability of the project and its continuation after
completion of the current phase, RIPORT also established a Joint Union Councils committee
(JUC) composed of representatives from village committees and agriculture and irrigation
departments for continuance of the consultation mechanism. The JUC was formally
registered with the KP Department of Social Welfare as a civil society organization under
the Voluntary Social Welfare Agencies, (Registration and Control Ordinance 1961)
Ordinance No. XLVI of 1961.
4
CHAPTER 2
2
METHODOLOGY
2.1 RIPORT in GZAP
This creation of the current governance model is a joint effort of the RIPORT and the
University of Agriculture, Peshawar. The university was engaged by RIPORT under an
agreement to conduct a Research Study on Transition from Traditional Agriculture to
Irrigated Agriculture in Gomal Zam Command Area, District D.I.Khan and Tank as well as
support RIPORT in formulating a Governance Model. Dr. Muhammad Zulfiqar and Mr.
Rizwan Ahmad contributed on behalf of the AUP, while from RIPORT the task was
supervised by Khalid Aziz, team leader, Muhammad Yousaf Khattak (CTA) and the RIPORT
Field Team operating in Tank and DI Khan supported by community mobilization experts.
The methodology adopted was as under:RIPORT established a Project Management Unit (PMU) in district D.I.Khan and carried out
GZAP activities in 10 UCs of D.I.Khan and Tank. This USAID – SGAFP – RIPORT Rs 19.8
million funded GZAP began in March 2013 was to last for 10 months in its current phase.
The project will conclude by the end of December 2013.
During its implementation phase, various activities were undertaken like, Focus Group
Discussions (FGDs), Village Committees (VC) formation, Joint Union Council (JUC)
formation, Awareness Campaigns, CRBC exposure visits, training for VCs, training for JUC
and holding community meetings at village level by locals that identified important issues at
grass root level.
The project was divided into three phases. Phase I – included data gathering, human terrain
mapping, making networks and identifying bottlenecks through extensive consultations with
communities, key-informants and interacting with government departments in the region. It
also included staff selection, training and orientation, formation of VCs and other activities,
phase II was building the capacity of the formed VCs and undertaking awareness sessions
that lasted about 03 months. The last phase of 03 moths was utilized for registration of JUC
and conducting JUC meetings to identify the village level issues.
2.2 Involvement of Govt. line departments
Government of KP was involved in the GZAP project from the start and in this regard various
meeting were conducted before implementation of project at field level. Meeting with
agriculture department and detailed discussions about expected outputs of GZAP project
were conducted. Government. of KP encouraged RIPORT efforts and assured its support
for successful implementation of the project. At district level a series of meetings were
conducted with a very proactive Commissioner and Deputy Commissioners (DCs) of both
D.I.Khan and Tank districts. The GZAP project was welcomed by district administration and
all relevant line departments i.e. irrigation, agriculture, livestock, agriculture extension, on
farm water management (OFWM) and WAPDA. The project experienced a high degree of
ownership by the stakeholders. An indication of its success can be judged from the fact that
a major part of the project area has been experiencing insurgent activities and in some
cases the project are also saw anti-insurgency operations. However owing to RIPORT’s
professionalism and the support of communities its work was not interrupted expect when
for a few days staff was kept out of operation areas for some days
5
2.2.1 Government Involvement
For the better coordination and implementation of the project, RIPORT advocated the
creation of a Steering and Review Committee (SRC) in the Planning and Development
(P&D) department that has representatives of all the stakeholders to undertake budgetary
and apex coordination. The purpose of SRC is to ensure that the project activities of GZD
are in line with the approved project outcomes as in the PC1 and to render advice for
improvement of project results. It is to meet once every three months. Its first meeting is
expected before the closure of the project.
2.2.2 Government (KP) Support
To support RIPORT activities the P&D Department provided a Letter of Support (LOS)
where various government line departments were requested to keep close interaction with
RIPORT staff, the same was also disseminated to the line departments at district level.
Adoption of Participatory Rural Approach (PRA)5
PRA is a techniques that allows stakeholders in rural communities to analyze their problem
and develop plans to solve collectively and with mutual consultation the issues confronting
them . It has been defined as “Any systematic activity designed to draw inferences,
conclusions, hypotheses or assessments, including acquisition of new information in a
limited period of time”. The methodology is popular and has been used in the identification
of community problems, and for monitoring and evaluation of ongoing activities. The
activities conducted included the following.
i.
Participatory Mapping
ii.
Group Meetings
iii.
Review and discussion on existing laws
iv.
Focus Group Discussion
v.
Case studies
2.3 Organizing Communities into VCs
VCs’ formation in GZAP was the core function and a most important component of the
project. Success of every project is based on active formation/participation of village VCs.
Keeping in view project importance and its future implications on the rural communities,
RIPORT staff formed active and strong VCs’ and ensured that each VC will conduct monthly
meetings to highlight their irrigation and agriculture issues.
Initially, mobilization were done in the targeted area where residents were informed about
the GZAP and its objectives, at this stage Key Informants were also identified. To reach the
actual/primary beneficiaries Deputy Commissioners (DCs) were kept in the loop during
identification process and a list of community member (farmers) were provided. Through
5
A Manual on Processing and Reporting of Participatory Rural Appraisal (PRA) Data for Natural
Resource Management, January 2006, Topic 4, Page 3.
6
mobilization, meetings with key informants and stakeholders, VCs were formed in the
targeted UC/villages.
Farmers’ organizations were formed at village and UC level after active mobilization in a
participatory manner.
The approach is depicted in the diagram below:
After completing the mobilization process at village level, VCs were formed at the first level,
i.e. at community level. Each VC comprised of 20 farmers representing their villages A VC
then elected a president and a secretary from amongst its members. VCs were to hold their
meetings on a regular basis with all the members required to be present. Minutes of the
meetings were issued and maintained in VC record. Additionally, the VC members were
encouraged to hold these meetings in their homes on rotational basis. This would take the
burden off the president of the VC to hold every meeting at his home. Each of the VC
member was to work in close coordination with the village farmers and assist in increasing
the VC coverage by visiting other farmers and guiding them about modern irrigation system
and good practices.
At the upper level (UC level), the JUC is formed with the aim to highlight issues related to
irrigation and agriculture to district administration in their bi-monthly meetings under the
patronage of the senior most civil officer in the division, i.e. the commissioner D.I.Khan. It is
the apex body of farmers at UC level and the committee is led by a president and general
secretary.
The JUC has a general and an executive body. The general body is made up of one elected
member from each VCs at village level. Members of general body then elect an executive
body consisting of president, general sectary, finance sectary, press secretary and 3 other
7
members thus making a total of seven members. Commissioner D.I.Khan will be responsible
for election and selection of executive body members of JUC. The process will be done
once every two years.
2.4 Provision of Services to Farmers in Accountable Manner
Government of KP has the responsibility to provide farmers of the command area various
services related to agricultural development. The challenges faced by the government line
department i.e. agriculture, irrigation and other related institution is to find effective ways for
sustainable and accountable system to increase crop production in the command area.
Devising such an accountable system and methods will be the function of the JUC and SRC.
Agriculture is the backbone of the KP economic and the main source of livelihood for more
than 75% of the population that lives in rural areas. To improve the level of services the
government of KP provided the LoS to RIPORT to implement the GZAP thus showing its
interest in the welfare of the rural community. The following government line departments
provide services to communities and strengthening their functioning will improve the income
levels of the farming communities in the command area:
1. Agriculture Engineering Department
2. Soil Conservation Department
3. Irrigation Department
4. Forest Department
5. Agricultural Extension Department
6. Agriculture Statistics Department
7. On-Farm Water Management Department
8. Livestock and Dairy Development Department
9. Agriculture Research Institute (ARI) D.I.Khan
10. Arid Zone Research Institute (AZRI) D.I.Khan
11. A Field Station for Water Resources Research Institute
8
CHAPTER 3
3
REVIEW OF IRRIGATION WATER GOVERNANCE MODELS
3.1 Importance of Irrigation Water Governance
A foremost requirement of any good water governance system will be the equitable supply
of irrigation water to the farmers and the efficient operation of the water delivery system that
leads to increase in agricultural productivity and betterment of socioeconomic condition of
rural communities.
Water Governance according to The Global Water Partnership6 defines it as “the range of
political, social, economic and administrative systems that are in place to develop and
manage water resources, and the delivery of water services, at different levels of society”.
It may be noted that water governance is concerned with how decisions are made in terms,
by whom, and under what conditions?7
Irrigation water governance thus is crucial for world food production and poverty reduction
the world over this can be realized from the fact that, during 1980s, about 40 percent of all
increase in food production in developing countries was attributed to expansion of capacity
in irrigation system. Moreover, in the last fifty years, the land under irrigated agriculture has
increased threefold8. Despite its vital importance, water in the agriculture sector is being
treated as a free good, both in its application and pricing, that encourages its wasteful use
and therefore causing a huge loss that reduces total food production. Pakistani irrigation
system including in Khyber Pakhtunkhwa has been suffering from inadequate operation and
maintenance due to low funding, inequity in water distribution due to feudal and the system
of patronage as well as poor participation by farmers. This situation threatens the operation
of the irrigation system and forces it to operate below the optimal level9. The effective and
efficient management of irrigation needs a high degree of collaboration among farmers and
the state. The effective management of irrigation water becomes necessary as the use of
other agricultural inputs such as fertilizer, high yield-varieties, insecticides and pesticides
depend on it.
3.1.1 Some Suggestions to Deal with Water Scarcity
The design of the Gomal Zam project faced the following difficult choices;

Under the previous prevalent spate irrigation system, water sharing was
institutionalized under a record of right. Thus conversion to an assured system of
year round supply of water through irrigation meant provision of water in proportion
to previous shares. Yet how was this if the designed availability of water was meant
to encompass 191,000 acres out of the possible ‘rights holding area of 271,159
acres?

The design of the project also tried to obviate future tension of claimants who had a
higher water usage by providing varied irrigation intensities; although this measure
6
ROGERS, P. 2003.
Moench et al. 2003.
8 Fairchild and Nobe, 1986.
9 Wade, 1982.
7
9
may have solved one set of problems, yet it created another set of problems by as
farmers are used to having similar intensities in the design.

In this connection the following irrigation intensities are prevalent:
o
37,025 acres will have 120% intensity of irrigation
o
30,000 acres will have 100% intensity of irrigation
o
164,114 acres will have 60% intensity of irrigation
Since water will be at a premium it is necessary to ensure that the small amount is made to
go a long way and the best way to make that happen is through:

By establishing a strong stake holder’s consultative process

By organizing the farmers and their education about water conservation

Appropriate agri practices highlighted in the Research Report designed and
published for this project

Laser land leveling

Keeping the canal and water supply channels in clean condition to prevent seepage
& wastage

Introduction of more efficient water irrigation practices like drip irrigation, ponding of
rain water etc

Using appropriate seed that can sustain higher temperature and drought conditions

Adequate crop storage facilities and availability of marketing information etc

To enable the above suggestions the PC 1 of the project must provide adequate
funds for such measures to be undertaken immediately.
Clearly farmers’ participation is crucial in command area decision making related to;
10

System Management,

System Organization,

Creating financial sustainability

System Development10.
Cernea, 1985.
10
One of the most ignored and underrated aspect of irrigation practices in the past was an
absence of consultative mechanisms for water users. Participatory decision making in the
field of irrigated agriculture is thus relatively a newer phenomenon and is considered to be
a good mechanism for handling irrigation issues of the farmers
Experts are agreed that to improve efficiency and productivity of agriculture and irrigation,
the role of water users at watercourse level and the whole canal is crucial for optimum
management of scarce irrigation water11.
It has been noted that agricultural productivity is generally lower than its potential.12 There
are multiple causes for such an outcome. The most important being the lack of space
provided to farmers in participatory decision making and in the management of the water
delivery system and in the day to day decisions for the adoption of new technology.
Encouragement of empowered participatory mechanisms will lead to higher productivity.
3.2 Concept of Irrigation Water Governance
The Global Water Partnership defines water governance as “the range of political, social,
economic and administrative systems that are in place to develop and manage water
resources, and the delivery of water services, at different levels of society”. 13 Irrigation
Water Governance is not a new subject and goes back many centuries. The seminal work
done in this field by the famous German sociologist Karl Wittfogel found that the Middle East
and Asiatic empires of the past became wealthy and great civilizational powers due to good
water governance.14
The UNDP recommends that water governance should entail;
i.
The formulation, establishment and implementation of water policies, legislation and
institutions.
ii.
Clarification of the roles of government, civil society and the private sector and their
responsibilities regarding ownership, management and administration of water resources
and services.
Recognizing the various types of issues confronting the farmers in the command area it is
essential that community approach to the establishment of sound water governance based
on the following mandatory principles should be adopted:
i.
The heart of the community based approach is based upon consultation and for that
purpose the formation of water users associations that are transparent, inclusive,
equitable, coherent and integrative is strongly recommended
ii.
State organizations must be open to stakeholder led system performance evaluation
and system operation must be accountable, open, transparent and responsive to
local needs.
11
Uphoff, 1985 and Kalshoven, 1989.
Bandaragoda and Memon, 1997.
13 ROGERS, P. (2003).
14 Karl Wittfogel, The Hydraulic Civilizations, Chicago, 1956
12
11
3.3
Irrigation Water Governance Models
Globally, irrigation water governance is based on the principles elaborated above but
adjusted for local circumstances. However the adoption of the core principles elaborated
above assures greater control to the farmers. Given below are examples how good water
governance is practiced in some countries:
3.3.1 Andhra Pradesh, India
While analyzing irrigation governance challenges in Andhra Pradesh, India Sanjay15 states
that governance is about institutions that provide opportunity and sustainability of irrigation
water delivery, including financial sustainability, transparency of procedures and equity of
access to irrigation water by all right holders. The ever increasing demand for irrigation water
in the state would turn water into a scarce commodity in the future. Thus, with limited water
resources available governance and water management related approaches will need to be
effectively and equitably adopted to address demands of economic growth and
development. The following are the lessons in irrigation governance reflected in this case:

The need to have trained and skilled water managers who have a consultative
approach to problem resolution and system sustainability handled through
consultations, Sanjay further states that change and reform are continuous and
needs regular revisiting to review structural requirements, challenges, issues and
policy related actions to achieve the goals.

A good water governance approach is to work towards self-governance, which
would be participatory in nature, consensual in orientation, accountable,
transparent, responsive, effective and efficient, equitable and inclusive and upholds
the rule of law.

To achieve above stated goals, the government of Andhra Pradesh created an
organizational structure with four tiers:

15
o
The Andhra Pradesh Water Regulatory Commission at the state level as an
apex body.
o
A restructured Irrigation Department
o
A powerful Farmer Organization.
The Andhra Pradesh Water Regulatory Commission is constituted to have a holistic
view of state water resources, regulation, performance, convergence and
coordination among various water sector related departments. The broad functions
of the Water Management Committee include water sector overview, setting
guidelines for efficient water use in various sectors and related services, promoting
research and analysis in water resource management for future policy formulations
and reforms, fixing rates for various water uses, monitoring water quality and water
pollution and harmonizing the existing policies. The Chief Secretary chairs this
Committee that also includes other Secretaries of various water user departments.
Sanjay Gupta (2012)
12

The Water Regulatory Commission also lays down performance standards of
service delivery by various service providers, both government and private. The
Commission has jurisdiction over the entire water sector and services like irrigation,
drinking water, industrial water, handling threats to water pollution etc.

It consists of a Chair Person and three experts from the field of Irrigation
Engineering, Ground Water, Agriculture/Economics and Finance/Revenue.

The Commission assists the state government in implementing policies and
provides required oversight and guidelines. The Water Management Regulatory
Commission may also request expert advice from time to time. The Commission
also provides technical support to the Water Management Committee.
The following are some of the kinds of tasks that it performs:

The Re-organization of Irrigation Department to shift its working from design,
construction and repair to developing management plans that include:
o
agriculture practices strategy for each plantation season,
o
revenue generation for system sustainability,
o
livelihood support approach,
o
networking with other state agencies and utilizing the various water bodies
to obtain the desired results.
Thus its major task is to bring about institutional restructuring, including reform of
departments to deliver a holistic result. It is for this reason that Andhra Pradesh is a pioneer
in enacting statutory provisions for de-centralizing irrigation management by transferring
responsibilities and building capacities of farmers’ organizations. The Andhra Pradesh
Farmers Management of Irrigation System Act, 1997 provides for a three-tier farmer
organization:

Water User Association,

Distributary Committee

Project Committee for major irrigation projects, two tiers for medium scale irrigation
projects with
o
Water User Association
o
Project Committee
It has a single tier for minor irrigation projects i.e. only Water User Associations. The
government has completed elections of 10800 Water User Associations, 323 Distributary
Committees, 23 Major and 60 Medium Project Committees and has thus formalized the
stipulations of a decade old legislation. The empowerment of farmer organizations to
assume the responsibility as enacted in the Act is a key requirement of the decentralized
management of the irrigation infrastructure and sustainability.
To begin its reform process the following path was adopted:
13

The first task was to undertake a mapping of the capacities of various stakeholders
both the primary and secondary stakeholders who would be central for building the
new structure.

Circle level training centers were established providing a platform for the WUAs in
each circle for capacity enhancement and for exchange of views among fellow WUA
members.

Detailed modules for the WUAs, DCs and engineering staff were prepared and
implemented, covering various requirements as identified in the needs assessment,
which also included exposure visits to other projects within or outside the state.

A general awareness campaign on water management and services to be delivered
by the farmers’ organizations was arranged as part of the strategy for transparency.
The goal of the capacity building was to achieve efficient water management,
including transparent and accountable water management.

The Act envisaged the constitution of four sub-committees of farmers for discharge
of the responsibilities assigned to Water User Associations. These sub-committees
distributed responsibilities to avoid centralization of power in the hands of a few
farmers. The capacity building program targeted these sub committees for capacity
building. The sub committees were works committee, water management
committee, M&E committee, financial management committee, management and
territorial committee. All these committees are composed from the general body of
the farmers.

The reformed system is supported both by the state and district governments.
Constitution of Farmer Field School approach is adopted so that farmers’ capacity
building is done through learning. Linkages of the farmers’ organizations with the
agricultural university has been created to formalize the lab-to-land concept.
3.3.2 Latin American and Caribbean (LAC) countries
Akhmouch16 in an OECD report examined the governance of water policy in Latin American
and Caribbean (LAC) countries. He found that the governance of water, mostly in LAC
countries is fragmented and that greater efforts to co-ordinate water with other policy areas
are crucial to maximize poverty reduction related benefits. He emphasized the need to
design integrated water policies that are implemented through effective water governance
mechanisms that are context-specific, flexible and beneficial to the poor. In LAC water
outcomes are decided mostly by others than water managers. Farmers respond to price
signals for water, energy, output prices and subsidies they receive from government.
Besides, agriculture is the largest consumer of water as well as a major source of water
pollution. Support for agricultural production and subsidies for inputs continue to misalign
incentives to farmers and aggravate overuse and pollution of water.
3.3.3 Comparison of Water Policies in Developed & Developing Countries
A study by the International Commission on Irrigation and Drainage17 reveals that prior to
1960, a traditional method of local management of water resources for different uses was
16
17
Akhmouch, A. (2012).
Suresh A. Kulkarni, and Avinash C Tyagi
14
prevalent in many countries around the world. The developed countries such as France, the
Netherlands, Germany, Spain and Portugal started using local management models through
social cooperative processes in overall water governance.
The ‘Water Boards’ of the Netherlands, is one such example of well-established
organizations of participatory management of water resources. In developing countries such
as Iran, India, Sri Lanka and Indonesia that did not have stable governance during the
Medieval period, the local communities came together to develop local water resources and
irrigation systems to ensure water availability for agriculture. Many of these systems were
the outcome of cooperation between clusters of villages, sometimes supported by the local
rulers.
One of the most successful government efforts to promote user participation in irrigation
management is in the Philippines. There more than 5600 communal irrigation schemes
cover almost half of the irrigated land. They conduct O&M and operate on a self-financing
basis with technical assistance from a network of Irrigation Community Organizers.
3.3.4 Indonesia
In Indonesia, the government sought to turnover small - scale irrigation systems to WUAs,
when under-financing of O&M began to threaten system sustainability. The WUAs were
given legal rights and technical assistance to take management responsibilities. Success of
the program is said to be due to early inclusion of farmers in design and creation of the
WUAs.
3.3.5 China
In China, after the demise of People's Communes in 1983, government investment in
irrigation dropped to a small fraction of its previous level and many experienced staff left.
So far-reaching reforms were introduced in 1985 that allowed provincial and county
governments to create Irrigation Districts which could set their own water charges according
to O&M costs, though provincial governments placed a ceiling on fees that could be
charged.
By 1988 it became illegal for the central or provincial governments to subsidize irrigation
O&M. To bridge the financial gap, Irrigation Districts were encouraged to take up diversified
sideline enterprises, and in many cases they earned enough from their side activities (such
as pump and bicycle workshops, equipment rentals, even petrol pumps and hotels), that
they provide cheap water to the farmer members. Productivity has thus increased
considerably.18
3.3.6 Turkey
In Turkey irrigation management reform was implemented after 1991 to reduce government
expenditure and to bring down the high rate of inflation. The general approach was to create
a downward link between the irrigation agency (a division of the PWD) and local
governments—which contrasted with the community development method followed in many
Asian countries. Large parts of irrigation systems now are transferred to Irrigation
Associations/ Groups. These Groups are organized by village or municipal heads, or
through existing cooperatives. In 1993 the Accelerated Irrigation Transfer Program began
18
Johnson III et al. 1996.
15
in 4 large pilot commands, facilitated by a national policy to promote privatization as an
aspect of democratization. The Irrigation Associations earn 92% of their income from
irrigation fees19. Because decisions on these reforms were taken high in government and
with sufficient political will, Turkey is making more rapid progress in this process.
3.3.7 Mexico
In Mexico, during 1989 income from water paid for only 15% of O&M costs and the
government had a severe debt crisis. So the President issued a decree to transfer O&M
responsibilities to farmer managed Irrigation Districts, expecting to increase both users'
contribution and investment, and efficiency of water use. This was done quickly and
systematically; WUOs of about 1000 farmers covering an average of 10,000 ha each having
their General Assembly, were grouped into Water Districts of about 10,000 members.
Farmers in some areas refused to pay higher irrigation fees, but such problems were
overcome by a large training program.
A legal framework laid out the rights and obligations of WUOs. The government agency
remained responsible for the head works, monitors the system, and provides support
services to the WUOs. The main elements of this success story are political will,
administrative determination, a legal framework, and good communication and training of
farmers.
3.3.8 The Netherlands
In case of the Netherlands20, the local and regional water management is largely
decentralized. Water boards play a key role in this as a decentralized functional government
authority. They can focus fully on water governance, which is thereby made immune to
political whims. The Dutch water boards keep pace with developments in society. Although
organizational structures, financial charges and the legislative framework are adjusted and
updated continuously, the basic elements and principles remain intact. These are:

The existence of a democratic structure that allows for the input from and
involvement of stakeholders; linking payment to input makes it possible to balance
money against means at the local level (no taxation without representation).

Integration into public law and administration as a guarantee of `good governance'
and the protection of cross-boundary interests.

Financial independence and reliability guaranteed by the existence of the water
board's own decentralized taxation area. Having such a local taxation area is also of
great significance for obtaining long term loans for large investments.
For a long time the unique water governance structure in the Netherlands has been taken
for granted. In the recent national debate about climate change and its consequences there
has been a renewed interest in the institutional role of the water boards. There are many
types of approaches in the method of water governance that are influenced by history,
customs and usage but it has been found that decentralization of water management is
definitely the right answer to the problem of management of irrigation waters.
19
20
Cagil, 1996; Svendson and Nott 1997.
Rafael, L and Poos, D (2004).
16
3.4
Pakistan’s Experience
Pakistan after reviewing the international experience has modelled its approach by adopting
the institutional framework of Area Water Boards under the PIDA (Provincial Irrigation and
Drainage) Act passed in July 1997 and similar Acts passed by the Provinces.
The canal systems built in Pakistan by the British going back a century and a half, were
managed by an engineering bureaucracy which evolved into the PWD and later into
Irrigation Departments, with a highly centralized technocrat mode of management.
Functioning of the irrigation system was under the Canal and Drainage Act 1873 and rules
made under it till the enactment of PIDA Act 1997. The water rate/abiana was collected
under Land Revenue Act 1967. Under Canal and Drainage Act 1873, the infrastructure
relating to canals including distributaries and minors as well as operation and maintenance
of the system was entrusted to engineering wing whereas the special Revenue staff was
responsible for fixing water rates (abiana) and its collection was placed under the Irrigation
Department.
After independence, Pakistan invested heavily in new irrigation systems while keeping the
technocrat system of management unchanged, and the investment resulted in vast
production increase, which supported quadrupling of population in 50 years. But pressures
are now building for reforms in irrigation management in line with those going on in most
countries. The needs of the sector in Pakistan are multiple: to rapidly increase production to
feed a higher population, to reduce costs to government, to deal with maintenance of the
irrigation infrastructure
The present irrigation management system is no longer able to deal with problems such as:

Waterlogging and salinity,

Poor drainage,

Deferred maintenance,

Inability to mitigate farmers’ complaints about water distribution inequity.

It is important to note that about 70% of irrigation O&M funds are spent on
establishment costs.

There is minimal stake-holder consultation, and a lack of transparency leading to
abundant complaints of patronage in water distribution that is lowering efficiency and
productivity
17
3.4.1 Designing an Appropriate Water Governance System for Gomal Zam
Project
The following are the lessons learnt in projects and experiences in D.I Khan and Pakistan
that will be of relevance for adopting the best practices to develop a system of water
governance for the Gomal Zam Project.
21

In the Swat Valley and other parts of Khyber Pakhtunkhwa there are many
community based civil canals that have for centuries been essential to subsistence.
The techniques and financing of communal managed systems are well documented;
in Khyber Pakhtunkhwa these canals are usually managed by the village tanzeems
(councils), which have clear water rights, rules, and sanctions of ancient usage.

The region has a tradition of collective effort while constructing Karezes whose costs
are prohibitively high for individuals; thus they were constructed collectively; since
their maintenance is also expensive, that too is undertaken collectively.

The former habit of rural societies for collective effort has suffered negatively when
the larger farmers began to install tubewells, leaving the poorer small farmers to
maintain the canals. This caused two consequences:
o
Tubewells lowered the water table as experienced in various parts of
Pakistan including D.I Khan.
o
An unintended consequence of tubewell development was that since the
traditional rural leaders became autonomous in the availability of water for
agriculture the canals were normally left for the community to manage. The
community was thus left to fend for itself in the absence of the traditional
leaders.
o
Thus over a period of time, the influential farmers, who happened to be the
local leaders, separated from the communal copse of people. This led to
loss of leadership for the people; fragmentation of the community; inability
to organize water associations as the state agents had subtracted
themselves. A further impact of tubewell was even more lethal. When the
traditional leadership did not prevail in matters related to water distribution,
their space were occupied by new power structure that led to a further
fragmentation of the community and at times became adversorial to the
state.
o
Pakistan's canal irrigation system is based on what is called ‘warabandi’. It
is a rotational method for equitable distribution of available water in an
irrigation system by turns fixed according to a predetermined schedule
specifying the day, time and duration of supply to each irrigator in proportion
to the size of his landholding in the outlet command.21 It is practiced at the
tertiary (watercourse) level where water distribution is based on a rotational
system of growers getting water in their turn.
Singh 1981and Malhotra 1982.
18
o
The warabandi is a continuous rotation of water in which one complete cycle
of rotation lasts seven days (or in some instances, ten and a half days), and
each farmer in the watercourse receives water during one turn in this cycle
for an already fixed length of time. A certain time allowance is also given to
farmers who need to be compensated for conveyance time, but no
compensation is specifically made for seepage losses along the
watercourse22.
o
The warabandi which has been decided by the farmers solely upon mutual
agreement, without formal involvement of any government agency, is known
as ‘Kacha’ (unregulated), whereas, the warabandi decided after field
investigation and public inquiry by the Irrigation Department, where it is
disputed and is the result of adjudication is known as ‘pacca warabandi’.
Officially warabandi turns are not sold or traded but unofficially the poor and
impoverished peasant farmer with very small holding are known to sell their
rights to richer farmers.
o
During the decade of 1960 the government laid emphasis on streamlining
agriculture to increase production. One innovative and sound policy adopted
as law was to permit the consolidation of land holdings. It led to
rationalization of land ownership by creating blocks that could be more
amenable to mechanization and land levelling and accessible to the farmer.
Since holdings are often meagre in the Gomal Zam CCA there is a need for
the revival of land consolidation law.
Pakistan in 1996 adopted the Provincial Irrigation and Drainage Authorities Act (PIDAs) to
organize irrigation. In the former NWFP it was adopted in July 1997 by Act called NorthWest Frontier Province Irrigation and Drainage Act, 1997 (Act V of 1997) passed by the
provincial assembly. The act created Area Water Boards that were to be the apex formation
for ushering this change that would have led to privatization of irrigation, develop a water
market and would have created greater sustainability for canal irrigation. However, the
technical experts that man irrigation net-works have not owned this reform and it thus
remains weak and ineffective. It is another example of poor implementation capacities in the
KP province where many reforms have been initiated but are not implemented.
However, the basics of the system has been tried while implementing On-Farm Water
Management (OFWM) project. It is described below:
3.4.1.1
Watercourse Association—1s Tier

About 26,000 Water Users Associations (WUAs) were formed under OFWM and have
been effective till partial lining of the watercourses and sometimes till installing ‘pakka
nakkas’ and for land leveling, but have seldom been active beyond two years.

They were formed with a narrow mandate, without input of sociological expertise, without
training of farmers in institutional affairs, and without authority to deal with water supply
22
Bandaragoda and Rehman, 1995.
19
or collection of water charges. It apparently seems as if the technical bureaucracy
wanted them not to succeed!

OFWM Project Phase-IV built on experience of earlier projects laid a solid institutional
foundation for farmers’ managed irrigation system. In Khyber Pakhtunkhwa the
experience on the two distributary organizations started in OFWM III and continued
under OECF funding, and the Swiss-funded project in Mardan, could be partly adopted.
3.4.1.2
Federation of WAs—2nd Tier

The Federation of WAs covers a minor canal or a part of a large distributary, each
distributary having 20 to 40 watercourses, but some are larger. Up to about 15
watercourses on a portion of canal are considered to be minors. The Federation may
also be comprised of separate watercourses taking off directly from the canals, or
may include a minor and one or more separate watercourses, or may include several
separate small irrigation systems in barani or hill areas.

The institutional structure should deal with the complexity as the physical system. In
many cases there will be no need for a Federation as 2nd tiers may suffice.

The Federation is not an association of individual members but has officially
recognized WAs as their members, and therefore its founding document would be a
Memorandum of Organization. The General Body would be comprised of two (or
three) delegates of the member WAs (i.e. Chairman and Water Manager, though this
may vary according to the decisions of the WUOs). The Federation will be registered
as a second tier WUO under OFWM.

A Federation will normally be established for a structure in the canal system where
water flow can be measured; its Water Manager measures and records the water
received, and the distribution to each mogha. The Federation's responsibility would
be only O&M of its part of the canal, including the moghas, and so would concentrate
its attention on the functioning and efficiency of the canal/channel and structures
under its control and their maintenance. Its office-holders would be trained by the
Project to do this.
3.4.1.3
Farmers' Organization (FO)—3rd Tier

An FO covers an ordinary distributary or part of a larger canal. On average, it will
have an irrigated area of 4000 to 8000 ha and a distributary length of about 60,000
ft (8 km) with 60 or more moghas. The General Body would consist of two (or three)
representatives deputed by each member Federation (or if there are no Federations,
one or two elected from each WA— the Bylaws in each case need to specify the
composition). A provision recommended to keep it democratic is that any individual
member of a WA who wishes may attend General Body meetings and vote in his
own right.

The FO will have an official agreement with the irrigation agency (or Area Water
Board). The FO is a regulated local public service body functioning like a utility
having the right to operate government-owned facilities in the interest of the users.

The govt. participates by providing support services to a new FO for two years, but
by the end of that time the Managing Committee of the FO should employ its own
professional staff to manage the system. The staff needed are:
20
o
Manager (Water Management Specialist, who may be an engineer)
o
Accountant
o
Survey/Patwari
o
Machine operator (part-time)
o
Helper
o
Temporary Helpers
An important factor considered in sustainability of FOs is the equitable distribution of water.
There is no denying the fact that in our irrigation system, whether it is a distributary, minor
or small dam water channel, inequitable water distribution is normal and a bane for the
success of any collective system as inequity destroys trust.23
3.5
Khyber Pakhtunkhwa Experience

As mentioned above under Section 3.4 of the Canal and Drainage Act 1873,
functioning of the irrigation system is governed by the rules made under it till
enactment of PIDA Act 1997 in the province. The water charges/abiana was
collected under Land Revenue Act 1967.

Under Canal and Drainage Act 1873, the infrastructure related activities of canals
including distributaries and minors as well as operation and maintenance of the
system was entrusted to engineering wing of irrigation department whereas the
special Revenue staff is responsible for distribution system (water rights),
assessment of water rates (abiana) and collection of water charges of the Irrigation
Department. The provincial Government enacted new legislation in 1997 under the
name of PIDA Act 1997 as detailed below.
3.5.1 Provincial Irrigation and Drainage Authority

In order to regulate water governance on the pattern of area water boards the
Government of Khyber Pakhtunkhwa in 1997 passed a legislation known as The
North-West Frontier Province Irrigation and Drainage Authority Act, 1997. The core
objectives of the Act were;
a) Replacing the existing administrative set-up and procedure with more responsive,
efficient and transparent arrangements in order to achieve economical and effective
operation and maintenance of irrigation, drainage and flood control system (in the
Province);
b) Ensuring equitable and assured distribution of irrigation water (and providing
effective drainage and flood control to the affected lands);
c) Making the irrigation and drainage net-work sustainable on a long term basis and
introduction of beneficiaries in the operation and management thereof; and
23
Cheema and Bandaragoda 1997.
21
d) Improving the efficiency of utilization of water resources and minimizing the drainable
surplus.
In order to achieve above objectives,

The Act envisaged to transform the Provincial Irrigation Department into an
autonomous authority and to establish Area Water Boards and Farmers
Organizations that would develop and manage the irrigation, drainage and flood
control infrastructure in the Province.
Procedure for fixation of rates for supply of water were based on the following principles:
1) The Authority shall normally supply irrigation water to different areas on equitable
and reasonably assured basis.
2) The rates at which the Authority shall supply water shall be fixed so as to provide for
meeting the operation and maintenance cost of the system within a period of 7 to 10
years; provided that before proposing any enhancement in the existing rates and/or
agreeing to the same, the Authority/AWB(s) concerned shall use their best
endeavors to reduce the quantum of the proposed enhancement of rates through
adoption of the following measures:
(i)
reducing costs;
(ii)
improving assessment and collection of Water Rate and Drainage Cess;
(iii)
recovery of arrears;
(iv)
recovery of cost of providing drainage to non-farming beneficiaries; and
(v)
disinvestment of fresh water tube wells in SCARP areas.
3) The components of O&M to be recovered from the beneficiaries in the form of
abiana/drainage cess shall be the full O&M cost of irrigation canals and secondary
drains.
4) The Q&M cost of flood protection and public sector fresh ground water (FGW) tube
wells will be excluded from abiana. A nominal proportion (by 5 to 10 per cent) of the
Q&M cost of saline ground water (SGW) tubewells and/or main drain may, however,
be borne by the beneficiaries, should such a need be felt by the Authority at some
later stage.
3.5.2 Area Water Boards
The Act envisaged the establishment of various Area Water Boards (A.W.Bs.) in the
Province together with defined territorial jurisdiction which will preferably be based on canal
commands; provided that an AWB shall initially be formed only as a pilot for certain selected
canal command area to be replicated later around all major canal commands in the
Province, should the result of the pilot A.W.B be satisfactory.
An A.W.B. has been assigned to perform following functions.
22
a) formulate and implement policies with a view to achieve and continuously improve
effective, economical and efficient utilization of irrigation water at its disposal and to
ensure that within a period not exceeding 7 to 10 years from the date of its
constitution, it becomes fully operational as a self-supporting and financially selfsustaining entity;
b) operate and maintain the irrigation, drainage and flood control infrastructure located
within its territorial jurisdiction, but such operation and maintenance shall not extend
to civil canals and private ‘kathajar’;
c) adopt and implement policies aimed at promoting formation, growth and
development of F.Os including pilot projects for F.Os. and faithful monitoring of the
results thereof; and
d) perform any other functions assigned by the Authority
3.5.3 Farmers’ Organizations (FOs)
The PIDA Act states that;
1) the Authority and A.W.B shall, within one year of its establishment, devise and
implement pilot programmes, policies and take steps thereunder to ensure that F.Os
are formed at the minor/distributary level in a phased and orderly manner in
accordance with the relevant bye-laws and regulations framed by the Authority
under section 31.
2) The Authority and A.W.B concerned shall enable the F.Os. formed under subsection
(1) to become financially self-sustaining and self-sufficient for the effective
performance of their functions prescribed under this Act, within a maximum period
of seven (7) to ten (10) years from the respective dates of their formation; provided
that F.Os established by Agriculture Department, N.G.Os., community
organizations and other sponsoring entities, shall be deemed to F.Os within the
meaning of this Act.
3.5.3.1
Bye-Laws and Regulations for F.Os.
The Authority shall, within said period as may be reasonable, but in no case exceeding six
months from the date of coming into force of this Act, publish/cause to be published
byelaws/regulations relevant to the formation of the F.Os in the Province.
3.5.3.2
Functions and powers of F.Os.
A farmer Organization (F.O.) shall:
1) Operate, manage and improve the irrigations and drainage infrastructure,
comprising of minors, distributaries and drains together with any structures thereon
located with the area relevant to the F.O. concerned, other than civil canals and
private kathajat;
2) obtain irrigation water from the Authority or A.W.B concerned at the head of the
minor or the distributary and to supply the same to the members and other water
users, if any;
3) receive the drainage effluent from their water users and to convey the same through
field/collector drains to the designated nodal points of the drainage system;
23
4) collect the agreed water charges/other dues, if any, from its water users and to pay
the agreed consideration for supply of irrigation water and conveyance and/or
disposal of drainage effluent to the Authority or A.W.B. concerned;
5) engage, hire or employ consultants, advisors and employees as may be deemed
necessary or be otherwise reasonably required for the due and effective
performance of various powers and functions on such terms and conditions as may
be prescribed including terms and conditions relevant to the conclusion or premature
determination of such engagement etc. of any consultant, advisor or employee, as
the case may be; and
6) undertake any other enabling function not inconsistent with functions and powers
given under the act and that may be vested in the F.Os. under bye-laws and
regulations framed by the Authority under section 31.
3.5.4 Swat Canal System
The Swat Canal System is headed by a Superintendent Engineer, controlling four irrigation
divisions. Each division is administered by Executive Engineer, supported by technical
engineering and special revenue staff.

Upon enactment of PIDA Act 1997, the Provincial Government planned to establish
four Area Water Boards in the province. Thus far only one Area Water Board for
Swat Canal irrigation system was created. On all of the distributaries/minors under
the system, FOs were formed/registered under the PIDA Act 1997. These FOs were
supported under National Drainage Program and OFWM Project, both World Bank
assisted projects.

These reforms were aimed for promotion of farmers’ participation and ensure
adequate recovery of operation and maintenance costs from the users that would
make the system sustainable.

However, after completion of the above mentioned two projects, financial and
technical support to FOs was minimized therefore FOs could not sustain their
activities as was envisaged. Clearly there appears to be a lack of willingness to shift
to a community supported system as envisaged under the design of PIDA 1997.
3.5.5 Functioning of Swat Canal Area Water Board
After the enactment of PIDA Act 1997, the upper Swat Canal was selected for Irrigation
Management Transfer (IMT) and creation of Swat Canal Area Water Board (SCAWB). In
order to assess the impact of the IMT, one of the canals under SCAWB namely Maira branch
canal was chosen. Maira branch receives irrigation supplies from the Pehur High Level
Canal (PHLC) at confluence point of RD 242+ 000. The PHLC provides supply to Maira
Branch with gross water allocation of 0.645 BCM from Tarbela reservoir. The canal is
designed and constructed with a capacity of 28.30 m3/s (1000 cusecs). The data from six
minors/distributories i.e. Yaqubi, Gumbad-II, Qasim-II, Toru, Choki and Pirsabak reflects
that the farmers’ organizations (FOs) were established in 2003 on different distributaries
and minors at Maira Branch canal under Swat Canal Area Water Board (SCAWB). The
farmers responses and field investigations, suggested that as a result of irrigation
management transfer (IMT) to FOs, cropping intensities has increased by 25 percent
24
compared to pre IMT24. However, this increases was still 20 percent less than the projected
cropping intensity for the post IMT era. The increases were mainly observed in areas under
wheat, sugarcane, vegetables and fodder. There was a significant increase in yield of maize
(40 percent), sugarcane (55 percent) and wheat (43 percent). The increase in yield was
attributed to increase in water supply due to modernization of the irrigation systems and
farmers’ management coupled with improved agriculture services.
One of the reason for establishing the IMT was the fact that revenue-expenditure gap of the
irrigation system in Pakistan has been consistently increasing at a relatively high rate over
time25 due to inflation and corruption.26
It was envisaged that after introduction of IMT, the revenue-expenditure gap would reduce.
Under the IMT arrangement, FOs collect the assessed water charges/Abiana from the
irrigators and retain 40% of the recovered amount for operation and maintenance of the
irrigation system, while 60 percent is paid to the Swat Canal Area Water Board (SCAWB).
The data reveals that prior to IMT to FOs, the recovery of assessed water charges was
better. Before IMT, the recovery from different minors was in the range of 61.8 % from Toru
to 76 % from Pirsabak. The post IMT situation based on 4 years data i.e. from 2004-05 to
2007, shows that recovery remained in the range of 35 % from Yaqubi to 54 % from Choki.
It was also found that farmers’ input in canal operation was minimal due to physical
improvements that resulted in increased water availability. The foregoing illustration
suggests that there was a mix outcome of IMT at Maira Branch canal under Swat Canal
Area Water Board. It improved the water availability resulting in increase in cropping
intensity and crops yield but on the other hand much needed improvement in recovery of
assessed water charges could not be achieved.
The main reasons for poor functioning of FOs particularly less abiana recovery were
attributed to an absence of systematic capacity building of the FOs and their empowerment.
The financial and technical support needed for initial period of 4 to 5 years was never up to
the mark and it it diminished with passage of time.
3.5.6 Chashma Right Bank Canal (CRBC) System
CRBC lies on the west bank of the Indus River between Chashma and Taunsa barrages.
The supply of irrigation water is from the right bank of Chashma barrage via Chashma right
bank canal ( CRBC); the length of the canal is about 260 kms and it has a CCA of about
570,000 acres in D.I. Khan District of Khyber Pukhtunkhwa province and Taunsa Tehsil in
District D.G. Khan of Punjab province. The following is the current position regarding the
implementation of PIDA 1997 in this project:

The CRBC irrigation system has so far not been converted into Area Water Board
system and is governed under the Canal and Drainage Act 1873, and rules made
under it.

The water charges/abiana is collected under Land Revenue Act 1967. Under Canal
and Drainage Act 1873, the infrastructure related activities of canals including
24
Javaid Akhtar Tariq (2010)
Bhatti (1995)
26 Wade (1982).
25
25
distributaries and minors as well as operation and maintenance of the system is
carried out by the engineering wing of the Irrigation Department, whereas the special
Revenue staff of the Irrigation Department is responsible for distribution system
(water rights), assessment of water rates (abiana) and collection of water charges.
3.5.7 Functioning of Chashma Right Bank Canal (CRBC) System
Prior to construction of CRBC, the area was mainly rainfed and Rod-Kohi based with a
meagre cropping intensity of about 28 %. Although the PIDA Act 1997 was enacted
throughout the province but many of the canal commands were not brought under Area
Water Boards. Similarly Chashma Right Bank Canal (CRBC) has not been converted into
Area Water Board system and is governed by the Canal and Drainage Act 1873 and rules
made under it.
The water charges/abiana is collected under Land Revenue Act 1967. Under Canal and
Drainage Act 1873, the infrastructure related activities of canals including distributaries and
minors as well as operation and maintenance of the system has been carried out by the
engineering wing whereas the special Revenue staff of the Irrigation Department has been
engaged in assessment of water rates (abiana) and collection of water charges. Although
the CRBC has contributed a lot in terms of increase in cropping intensity and increase in
crops yield but data on recovery of abiana for the year 2011-12 and 2012-13 reflects a
discouraging picture. During the year 2011-12, against the assessed target of Rs.159.5
million only 36.4 million were collected which comes to less than 23 %. Similarly in the year
2012-13, assessment was Rs.176.9 million whereas recovery was only Rs.37.3 million
which is just 21 %27.
The poor recovery directly affects the O&M of the canal system. Therefore, measures are
needed to improve the abiana recovery. The viable option would be to introduce the concept
of Area Water Board so that farmers themselves are involved in decision making and O&M
activities. However, the system requires to be fully supported financially and technically till
begins to operate effectively.
27
Data collected from Irrigation department D.I.Khan.
26
CHAPTER 4
4
GOVERNANCE MODEL FOR IRRIGATED AGRICULTURE IN COMMAND
AREA OF GOMAL ZAM CANAL SYSTEM
4.1 Background
The foregoing review of international best practices and the course adopted in Pakistan and
KP province for the management of irrigation projects has highlighted the self-evident of
basing irrigation delivery systems upon stake-holders participation. It not only leads to
creation of an effective system of irrigation and water management practices but by
incorporating community participation in cost recovery leads to the creation of a sustainable
delivery system for the farmers. Evidence from around the world clearly points to the need
of creating formal irrigation related structures that are founded on the principles of farmer
and community participation.
Thus the proposed Irrigation Governance Model for Gomal Zam redefines government’s
role that is likely to increase water use efficiency, sustainable irrigation water supply,
assured system operation & maintenance and lead to increase in agricultural productivity
and raise the trust level between the community and the state.28
The farmers operating under the command area of the Gomal Zam Dam canal system are
used to work in the Rod Kohi system of irrigation. Under this system, there is uncertainty
about water availability at critical stages of crop growth. Therefore, the agricultural activities
mostly revolved around subsistence farming whose basic goal is to avoid risk at very low
level of investment.
However, with the availability assured irrigation water around the year, there would be a
drastic change in agricultural operations and farmers are expected to invest to reap benefit
that is available if they shifted to a form of commercial agriculture. As reported in various
studies, under a traditional irrigation management system, only 30 to 40 percent of diverted
water is available for crops29. Therefore, it would be imperative to device a water
governance model that would optimally utilize each drop of water available in the canal
system.
The community based water management method involves a wide number of institutional
issues, in the categories of organization, legislation and financing. These issues are also
closely interlinked and are best dealt with under the Water Boards method as proven by
local and international experience. It is also noted that the water boards are actually
decentralized functional authorities for best use of water resources. The basic rudiments of
the water board method of organization accepts democratic management structures through
the WUAs, financial freedom and incorporation of the system into state law and
administration.
28
Another study is needed to evaluate the consequences of the policy of tube-wells that both act as
a barrier to community mobilization and fragmentation of the power patterns in society.
29 Kahlown and Kemper 2004.
27
PIDA Act 1997 introduces participatory irrigation approach in Pakistan and the provinces.
This model relies on shifting of decision making to the stakeholders from the irrigation and
agriculture departments to the farmers. The role of farmers increases in this approach and
they need capacity building support through outreach and formation of farmer schools.
Under the participatory irrigation management, the canal commands are to be managed by
Area Water Boards (AWBs) controlled by farmers’ organizations (FOs) and Government
representatives.
The aim of such a process is to ensure sustainability of irrigated agriculture, reduce financial
burden on government, pass responsibility of operation and maintenance to users, increase
water use efficiency, and generally to improve sustainability of the project. Participation is
the core concept and thus it is important to develop the capacity and capabilities of farmers’
organizations for a successful transition.
4.2 Proposed Governance Model for Irrigated Agriculture under Gomal Zam
Canal System
Irrigation management includes all those aspects that are beyond the design and
construction facilities. The irrigation management activities cover the functioning of the main
canal system down to the delivery of water to the farm level. The middle tiers of the system
represent the most difficult challenges of coordination for the engineers, technical staff and
farmers. Thus management is the crucial aspect of maintaining an effective and efficient
irrigation system. As users participation under the Area Water Board has been globally
recognized as being the best irrigation management method, therefore the same
governance model is proposed for the Gomal Zam Dam CCA with certain modification suited
to local environment.
4.2.1 Gomal Zam Dam Canal Water Board
It is proposed that the Provincial Government may establish a Gomal Zam Dam Canal
(GZDC) Water Board with the territorial jurisdiction of canal command area in those parts
of D.I Khan and Tank districts falling under the CCA. The Directors of the Board may be
nominated keeping in view the PIDA Act and experience of the already functioning Area
Water Boards. The Directors may elect their Chairman in the first meeting. The tenure of
the directors, scheduling of meetings and conducting business of the Board should be in
line with the PIDA Act of 1997. The representatives of the Farmers’ Organizations would be
the main stakeholders of the Board.
The function of the Board will be as proposed hereunder:
a) formulate and implement policies with a view to achieve and continuously improve
effective, economical and efficient utilization of irrigation water made available in the
canals and to ensure that within a period not exceeding 10 to 12 years from the date
of its constitution, Water Board will be operative as a self-supporting and financially
self-sustaining entity;
b) Within one year of its establishment, the Board will devise and implement pilot
programs, policies and take steps thereunder to ensure that F.Os are formed at the
minor/distributary level in a phased and orderly manner in accordance with the
relevant bye-laws and regulations framed under pilot project at Swat canal (as a
model) with necessary modifications, if needed.
28
c) The Board will operate and maintain the irrigation, drainage and flood control
infrastructure located within the project jurisdiction;
d) It will adopt and implement policies aimed at promoting formation, growth and
development of Farmers’ Organizations (F.Os) and monitoring its results; and
e) It will perform any other functions assigned to it by PIDA or the Government;
f)
The Water Board would publish its Annual Report, by March of each succeeding
year that will be a report on the conduct of its affairs for the year including audited
financial statement for the year ended and the development plan for the next year.
These will need to be approved by the Board by resolution.
4.2.2 Formation of Farmers’ Organizations
Farmers’ Organizations (FOs) will be formed at each distributary/minor level on the canal
system. The FOs would work under by-laws and regulations adapted from already formed
FOs in other parts of the province with modifications where needed.
It would be the responsibility of the PIDA and GZDC Water Board to support and build the
capacity of the FOs in all spheres of their functioning to make them financially self-sustaining
for the effective performance of their functions prescribed under the law within a period of
3-5 years to be extended where required. The representatives of the Water Users
Associations (WUAs) would be the main stakeholders of the FOs in their respective territorial
jurisdiction.
The FOs would have following functions;
a) Operate, manage and improve the irrigation and drainage infrastructure, comprising
of minors, distributaries and drains together with any structures thereon located
within the jurisdiction of the FO concerned
b) Obtain share of irrigation water from the Water Board at the head of the minor or the
distributary and to supply the same to its members;
c) In case of drainage it will receive the drainage effluent from water users and will
ensure its conveyance to the field/collector drains.
d) Collect the agreed water charges/other dues, if any, from its users and to pay the
agreed sum for supply of irrigation water and conveyance and/or disposal of
drainage effluent to the Water Board:
e) Engage, hire or employ staff and consultants, advisors as may be deemed
necessary for the effective performance of various functions on such terms and
conditions as may be prescribed including terms and conditions relevant
f)
Exercise any other power and function not inconsistent with its role as an F.Os under
the law.
g) The FOs, would be required to submit in January of each year a report on the
conduct of its affairs for the year including audited financial statement and its
proposed work plan for the succeeding year to the Water Board.
29
4.2.3 Water Users Associations
The Water Users Associations (WUAs) would be the building block for the agriculture
system in the command area of the Gomal Zam Dam Canal. The WUAs would be formed
at each watercourse level. Distribution of water from a watercourse is effected through a
time-schedule or "warabandi", under which each farm gets water for a specified period once
a week. The time-share is proportionate to the farm area owned by a farmer under the
command of the water-course. The WUA is thus the most important entity in the system to
ensure equitable, effective and efficient utilization of irrigation water at farm level. It would
be the responsibility of the PIDA and GZDC Water Board/FOs to support and build the
capacity of the WUAs in all spheres of their functioning so that they become financially selfsustaining and for the effective performance of their functions prescribed under the By-laws
and regulations.
4.3
Modification in existing laws required for better delivery of services
The enactment of PIDA Act 1997 was a step towards replacing the century old Irrigation and
Drainage Act 1873. The PIDA Act aimed at empowerment of farmers for managing their
irrigation system for delivery of irrigation water, collection of water charges, conflict
resolution and O&M of the system. Unfortunately, the new system could not be internalized
mainly due to inadequate cooperation at various levels and a lack of monitoring of the
decisions as well as under funding of the transition. It is therefore, proposed that Gomal
Zam Canal irrigation system being new may be run under the PIDA Act 1997.
4.4
Indicators proposed for sustainable development of command area
The following indicators are proposed to judge the sustainable running of the system and
development of command area.
i.
Effective functioning of Gomal Zam Canal Water Board.
ii.
Effective functioning of farmers’ organizations and water users associations.
iii.
Social acceptance and financial viability of the system i.e. collection of
abiana/water charges as per assessment.
iv.
Equitable and effective use of irrigation water.
v.
Adequate operation and maintenance of the system under FOs/WUAs.
vi.
Regular meetings of the FOs and WUAs.
vii.
Capacity building of the farmers in water management and agricultural
production and marketing.
viii.
Conflict resolution at local level and avoidance of litigation.
ix.
Increase in agricultural productivity and rural incomes that reflects improved
social welfare and equity in rural communities.
x.
Effective communication amongst various tiers and within communities.
xi.
Creation of effective upward and downward linkages.
30
4.5
Canal System Operation and maintenance
Main Canal
The main canal operation and maintenance would be the responsibility of Water Board.
Distributary/Minors
The operation and maintenance of the distributaries and minors would be the responsibility
of the Farmers’ Organizations.
Watercourses
The operation and maintenance of the watercourses would be the responsibility of the Water
Users Associations.
‘Warabandi’ (Water Turn)
The formulation of ‘warabandi’ i.e. water turn of the farmers and it’s care would be the
responsibility of the special revenue staff of the irrigation department.
4.6
Recent Changes in Gomal Zam Project Increase Project Risks
PC 1 titled ‘’Gomal Zam Dam Command Area Development Project (GZDCADP)’’ USAID
funded that was discussed in the CDWP on 7-10-2013, and was deferred with following
observations;

The project cost should be reduced from Rs. 4300 million to Rs. 3000 million (USAID
share Rs. 2200 million and KP government share Rs. 800 million).

The project period be brought down from 5 years to 2 years.

Chairman ECNEC after hearing the concern of KP government on the above two
decisions, directed the Planning Commission to place the project before ECNEC
after considering/accommodating the concern of the KP government.
It is foreseen that withdrawal of funds from project activities meant for assisting CCA
development will harm the project and not assists in solving the problem of the farmers. The
decisions of the Planning Commission would adversely affect the following major
components of the project;
Rough land leveling/precision land leveling
1. From Focus Group Discussions (FGD), Village Committee (VC) meetings, Joint
Union Council (JUC) Committee meetings, and exposure visits of the beneficiaries
of the project area to Chashma Right Bank Canal (CRBC) command area, it was
noted that the farmers of the CRBC as well as Gomal Zam command area attribute
great importance to precision land leveling of their fields. They consider it as a key
input for the success of irrigated agriculture. Since the command area of Gomal Zam
Dam project is brought under regulated canal irrigation system, therefore proper
layout and precise land leveling is condition precedent to successful irrigated
agriculture.
2. In this project area, precision land leveling is very important because of shortage of
water in the system and as such the area proposed per unit of water in this canal is
31
much greater than other canals in the province. Therefore, the application efficiency
needs to be enhanced to the maximum possible extent and there is no room for
wastage of a single drop of water. In absence of land leveling the cultivable
command area in the project would take a long time (more than 10 years) to bring it
under irrigation. In CRBC, the unsuccessful farmers have also mentioned that
irrigated agriculture cannot be developed without precise land leveling.
3. The land leveling cost of Rs. 978 million for 191,000 acres which is Rs. 5120 p/acre
is on very low side because in studies carried out by the agriculture department (from
1975 to date), the average earth moment per acre is about 250 cubic meter in the
canal irrigated areas. A tractor can move 15 cubic meter per hour with rear mounted
scrapper. With the existing hire rate of tractor of Rs. 1000 per hour the cost per acre
comes to Rs. 16666, whereas the PC-1 is proposing Rs. 5120 which is one third of
the minimum cost.
Reduction in Social Mobilization and Training Component
1. Since the project area is commanded by the Rod Kohi irrigation system and as such
the farmers are unaware of the techniques required for irrigation in regulated canal
irrigated system. Similarly, they have very little know how about the crops grown in
irrigated areas. In view of the above situation and findings collected from the FGDs
and meetings with the VCs/JUC, it is clear that the farmers need to be organized on
water course, distributaries and canal level so that the water is used efficiently and
high value/low delta crops are grown from the expected limited supply of water to
provide better incomes.
2. The farmers need continuous support from the government departments in the form
of training in disciplines like; operation and maintenance of the irrigation system,
water distribution, Abiyana collection, crops husbandry, planting high value crops,
fruits and vegetables as well as introduction of dairy farming. Furthermore, the
farming community needs much more support both in technical and financial terms
as compared with other regions due to their poverty and poor knowledge of good
agricultural practices.
Clearly the downward revision of the project is not in its interest and will prove very harmful
to the investments already made.
32
CHAPTER 5
5
RECOMMENDATIONS
The proposed Irrigation Water Governance Model is based on redefined government role
and establishment of a self-sustaining efficient irrigation and drainage system by adopting
decentralized irrigation management and enhancing farmers’ participation through farmers’
organizations through water users associations at watercourse level, farmers’ organizations
at the secondary irrigation system level (distributary/minor) and area water board at canal
level.
Successful implementation / adoption of this proposal by the government will result in
increased agricultural productivity, generation of commercial activities in the area that will
ultimately result in poverty reduction and betterment of socio-economic conditions of the
rural community in the command area.
To achieve the above outcome in a successful manner the following recommendations are
proposed;
1. Before going into implementation phase of the proposed model government should
show its commitment to implement the governance model.
2. Secondly, the Irrigation Department should own the new system of governance.
3. If the new governance model is to succeed the government departments should fully
support the capacity building of the users water associations.
4. As the irrigation water is scarce in the system as compared to other canal systems
in the province, therefore, agriculture department should provide full support in farm
planning, designing and irrigation water scheduling to the beneficiaries of the
system.
5. The farmers should also be encouraged through training and exposure visits for
adoption of low delta crops bringing a good market return.
6. All sister departments of agriculture must cooperate to ensure availability of modern
farm production technology, farm implements/equipment on rental basis, quality
seed and quality fertilizers and insecticides/pesticides. Public/Private partnerships
be created so that the private sector can provide services at a cost
7. With increased potential of fodder crops, farmers should be trained for feedlot
fattening and milk farms.
8. Farmers should be trained in production of high value crops, value addition and
linking with potential markets.
9. Improvement of infrastructure, provision of market information system and
arrangements with local level markets be facilitated so that produce of the farmers
is purchased/disposed of quickly particularly in case of perishable commodities.
33
10. Office bearers of water users association, farmers’ organizations and area water
board should be elected through transparent election negating the influence of big
farmers.
11. Tail end farmers should be given more representation in all affairs being more
vulnerable to water shortage.
12. Farmers organizations should be recognized bodies for collaboration by different
public sector entities.
13. PIDA Act 1997 and rules and regulations made thereunder should be provided to all
organizations and trainings may be arranged to make them fully functional and
sustainable.
34
ANNEXURE
NWFP Irrigation and Drainage Authority Act 1997
ACT V OF 1997
NORTH-WEST FRONTIER PROVINCE IRRIGATION
AND DRAINAGE AUTHORITY ACT, 1977
An Act to provide for adopting a strategy for streamlining the irrigation and
drainage system in the Province of the North-West Frontier.
[Gazette of N.-W.F.P Extraordinary,
17th July, 1997]
No.PA/NWFP/Legis/97/14903, dated 17-7-1997.—The North-West Frontier
Province Irrigation and Drainage Authority Bill , 1997, having been passed by the
Provincial Assembly of the North-West Frontier Province on the 8th July, 1997 and
assented to by the Governor of the North-West Frontier Province on the 12th July, 1997
is hereby published as an Act of the Provincial Legislature of North-West Frontier
Province.
Preamble
Whereas it is expedient to adopt a strategy for streamlining the irrigation and drainage
system in the Province of the North-West Frontier with a view to —
(a) Replacing the existing administrative set-up and procedure with more responsive,
efficient and transparent arrangements in order to achieve economical and effective
operation and maintenance of irrigation, drainage and flood control system (in the
Province);
(b) Ensuring equitable and assured distribution of irrigation water (and providing effective
drainage and flood control to the affected lands);
(c) Making the irrigation and drainage net-work sustainable on a long term basis and
introducing of beneficiaries in the operation and management thereof; and
(d) Improving the efficiency of utilisation of water resources and minimising the drainable
surplus.
And whereas for achieving the objectives aforesaid, it is further expedient to transform the
Provincial Irrigation Department into an autonomous authority and to establish Area
Water Boards and Farmers Organisations towards development and management of the
irrigation, drainage and flood control infrastructures in the Province.
It is hereby enacted as followr:-
35
CHAPTER-1
PRELIMINARY
1. Short title, extent and commencement.—
a) This Act may be called the North-West Frontier Province Irrigation and Drainage
Authority Act, 1997.
b) It extends to the whole of the North-West Frontier Province.
c) It shall come into force at once.
2. Definitions.—
In this Act, unless there is anything repugnant in the subject or context.—
a) “AWB’ means an Area Water Board established under section 26;
b) “Authority” means the North-West Frontier Province Irrigation and Drainage Authority
established under section 3;
c) “Canal” means a canal as defined in the Canal and Drainage Act, 1873;
d) “Drain” means a natural drain, surface or sub-surface drainage network provided for
the evacuation of the surplus sub-soil and surface water from the land under the
command of canal system;
e) “drainage cess” means drainage fees to be charged from users/consumers/other
beneficiaries using a drain for the conveyance and/or disposal of effluent;
f)
“F.O.” means Farmers’ Organization formed under section 30;
g) “Government” means the Government of the Province of North-West Frontier;
h) “Local Body” means any District Council, Municipal Corporation, Municipal committee,
Town Committee, Union Council or any other Local Committee constituted under any
law for the time being in force;
i)
“prescribed” means prescribed by rules made under this Act;
j)
“Province” means the Province of the North West Frontier;
k) “Rules” or “Regulations” means rules or regulations made or framed under this Act;
l)
“section” means a section of this Act;
m) “WAPDA” means the Pakistan Water and Power Development Authority;
n) “Water” means any water, standing or flowing on surface or sub-surface within the
territory of the Province except such water in the inter-provincial reservoirs and/or
rivers and canals within the Province as is allocated to any other Province or Provinces
under the Water Apportionment Accord (1991);
o) “Water rate” means the charge for which the authority agrees to supply water to an
A.W.B or any other water user or an A.W.B to an F.O or to any other water user or an
36
F.O. to its members, as the case may be.
CHAPTER-II
CONSTITUTION OF THE AUTHORITY
3. Constitution of the Authority.—
a) There shall be established an Authority to be known as the North-West Frontier
Province Irrigation and Drainage Authority.
b) The Authority shall be a body corporate, with powers to acquire, hold and dispose of
property, having perpetual succession and a common seal and shall by the said name,
sue and be sued.
c) The headquarters of the Authority shall be at Peshawar.
4. Appointment and terms of office of Chairman and Members of the Authority.—
a) The Authority shall comprise of a Chairman and seven members to be appointed by
Government and notified in the Official Gazette. The composition of the Authority shall
be as under :I.
Any person appointed by Government
Chairman
II.
Additional Chief Secretary to Government Planning, Environment and
Development Department.
Member.
III.
The Secretary to government, Finance Department
Member
IV.
The Secretary to Government, Irrigation Department
Member.
V.
Member, Board of Revenue, Revenue Department
Member.
VI.
The Secretary to Government, Agriculture Department
Member
VII.
A representative of the Farmers ’ Organization appointed by Government
Member.
VIII.
Managing Director of the Authority
Secretary
Member-cum-
b) The Authority shall be responsible for the overall management and control of the
c) affairs and, for that purpose may, from time to time, delegate such of its powers
and functions to any of its members or any employee of the Authority as may be
deemed appropriate in the interest of proper and effective conduct of the business of
the Authority.
d) The Authority shall meet at least once in every three months. The Chairman shall, at
the written request of not less than three members, convene special meeting of the
Authority, after giving not less than seven days prior notice of such meeting, within a
period not exceeding 15 days from the receipt of such requisition. The meetings, other
than special meeting shall be convened such notice and in such manner as may be
prescribed.
37
e) The quorum for a meeting of the Authority shall be four members. In the case of any
financial matter being considered by the Authority, one of the four members shall be
the Finance Secretary of Government.
f)
Subject to section 6, the term of office of the members of the Authority other than the
ex officio members shall be 4 years.
g) Any member of the authority, other than the ex officio members, upon the expiry of the
term of his office shall be eligible for reappointment for the similar term or for a shorter
term as may be determined by the Government.
h) Any member of the Authority, other than an ex officio member, may, at any time, resign,
provided that his resignation shall not take effect until accepted by Government.
5.
Remuneration of the non-official members of the Authority.—
A non-official member of the authority shall receive, for every meeting actually
attended, such allowances as may be prescribed by the authority. No other salary,
payment or compensation shall be paid to the Chairman and the members of the
Authority for attending the meetings and/or doing any work as Chairman or as
member of the Authority.
6.
Removal of Members of the Authority.—
Government may, by Notification, remove a non-official member or the Managing Director from
the membership of the Authority if he—
(a)
(b)
is or becomes incapable of discharging his responsibilities under this Act, or
has been declared insolvent by a Court of competent jurisdiction;
or
(c)
has been declared to be disqualified for employment, or has been dismissed
from the service of Government, or has been convicted of an offence involving
moral turpitude; or
(d)
has knowingly acquired or has continued to hold, without permission, in
writing, of Government, directly or indirectly or through partner, any share or
interest in any contract or employment with or on behalf of the Authority or in
any land or property which, to his knowledge, is likely to benefit or has
benefited as a result of the operation of the Authority:
Provided that removal under clauses (a) and (d) above shall not have effect
without giving him an opportunity of showing cause:
Provide further that, if the Managing Director is removed from the membership
of the Authority, he shall also cease to hold office of the Managing Director.
7.
The Board of Management.—
38
(a)
Subject to the overall control and guidance of the Authority, the day to day
management of its affairs shall be carried out by a Board of Management (BOM)
comprising of the Managing Director and assisted by three General Managers,
one of whom shall be General Manager, Finance.
(b)
The Managing Director and the General Managers shall be appointed by
Government in the prescribed manner on the recommendation of the Authority.
(c)
The Managing Director shall be the Chief Executive to run the day to day affairs
and business of the Authority.
(d)
Government may, on the recommendation of the Authority, change the
membership of the B.O.M., or remove any member, including the Managing
Director, from the Board of Management on the grounds specified in Clause (a)
to (d) of section 6.
(e)
The Managing Director or a General Manager may, at any time, resign, provided
that his resignation shall not take effect until accepted by Government.
CHAPTER-III
POWERS AND DUTIES OF THE AUTHORITY
8.
Powers and duties of the Authority. —
The Authority shall have the following powers and
duties: (a) General.—
(1)
Subject to the provisions of the Indus Water Treaty (1960) and the
Water Apportionment Accord (1991), to receive irrigation supplies at
the barrages and/or headworks falling within the Province and/or
from the interprovincial/link canals and deliver the same in agreed
quantities in the various A.W.Bs. in the Province at the relevant
canal headworks. The Authority shall also receive drainage effluent
at designated points and convey the same to the inter-provincial
outfall drains.
(2)
To exercise all the powers under the Canal and Drainage Act 1997 and
the relevant Manuals, Rules and Instructions otherwise vesting to
Government and not inconsistent with or in derogation of any
provision contained in this Act and/or any Rules and Regulations
made thereunder.
(3)
To fix the rates in consultation with Government to which it will supply
irrigation water at its disposal to its various A.W.Bs./other entities
including the water users mentioned in clause (n) of section 2 as
also to drainage cess payable by the users/consumers/other
beneficiaries for the conveyance/disposal of the effluent through the
relevant drains.
(4)
The Authority may levy appropriate surcharge for late payments
and recover arrears from defaulters as arrears of land revenue,
provided that in case Government declares a remission, waiver,
39
re-scheduling or suspension of payment of any of the dues of the
authority, the same shall be at the cost of Government and
Government shall simultaneously notify how the Authority shall be
compensated for the loss thereby caused to the Authority and/or any
other entity established under this Act.
(b) Policy and Regulation.—
(1)
To formulate and implement policies in the water resources sector
with a view to continuously improving and achieving effective,
economical and efficient utilization, preservation and improvement of
such water resources for the development of irrigated agriculture on
a sustainable basis.
(2)
To formulate and implement policies/guidelines and procedures for
the proper and efficient exercise of powers available under this Act
by the various authorities and/or their officers/employees and to
prescribe training requirements and programmes necessary for the
purposes of this Act.
(3)
To conduct any enquiries and hear any complaints and adjudicate on
any dispute and/or differences of opinion between the Authority and
different entities established under this Act and/or any individual
and/or the said entity in accordance with the principles of natural
justice relevant thereto and to faithfully and punctually implement
such decisions as per the letter and spirit thereof.
(4)
To prescribe and adhere to the procedures for the filling of
documentation regarding water allocation in the Province and all
concessions, licences and leases granted by any entity under this Act
and to ensure availability thereof to the general public for inspection
and taking of copies thereof.
(5)
To establish criteria and procedure for granting, modifying,
reassigning, renewing, suspending or revoking any concessions,
licences and subleases granted by the Authority to any other entity
or person and/or for the management of the infrastructure in the
event of suspension or revocation of a concession, licence or
sublease.
(c) Operation.—
(1)
To operate and maintain the irrigation, drainage, storage reservoirs
and flood control infrastructure in the Province including hill torrent
control and development works for irrigation of adjoining lands
including watershed management practices in catchment areas, but
not including civil canals and private kathajat.
(2)
To plan, design, construct and/or improve the irrigation, drainage,
storage, reservoirs and flood control system with a view to ensure
optimal utilization of the water resources of the Province on an
equitable and efficient basis, in consultation with the Planning,
Environmental and Development Department of Government.
40
(3)
To maintain all relevant/necessary records, registers and data banks
as may be relevant and/or necessary for the effective performance
of any or all of its above-referred powers and duties.
(4)
To issue such directions and take such steps as may reasonably
be necessary for the prevention of encroachment and
unauthorized constructions along or on the properties of the
Authority.
(5)
To prescribe rates, fees and other charges to be payable in respect
of various types of services which the Authority may be required to
render or provide under this Act.
(6)
To operate and maintain the equipment, machinery and stores of
the Authority effectively, efficiently and in a business like manner.
(7)
To undertake anti-erosion operations including conservation of forests
and reforestation and with a view to achieve this purpose; to restrict
or prohibit by general or special order the clearing or breaking up of
land in the catchment areas of any rivers, hill torrents and/or other
streams.
(d) Finance and Administration.—
(1)
To undertake any work, incur any expenditure, procure machinery,
plant and stores required for use by the Authority and to negotiate,
execute and adopt/ratify all such contracts as may be considered
necessary or expedient.
(2)
To acquire by purchase, lease, exchange or otherwise and dispose
off by sale, exchange or otherwise, any land, property or
machinery/equipment or any other interest in or regarding any land or
property.
(3)
To direct that any work required to be carried out by a person in
connection with training of rivers, hill torrents and/or any other
streams or undertaking of anti-erosion measures including
conservation of forests and reforestation, but left undone shall,
after reasonable notice to such person and due consideration of any
objections raised by him in this regard, be undertaken by the authority
and determine the cost to be borne by such person, or after notice
and due enquiry by any other person who may be held by the
authority to be liable for the same.
(4)
To utilize the Authority Fund to meet the cost and expenses incurred
on account of and in connection with the due performance of the
various functions of the Authority under this Act including the
payment of salaries and other remunerations to the management
and employees of the Authority.
(5)
To formulate, implement and continuously review/improve the policies
and procedures relevant to the management of finances and
maintenance of the accounts of the Authority as well as for the
inventory and assets valuation and disposal and for the recruitment,
promotion, retirement and termination of the services of the
41
employees of the Authority.
(6)
To formulate financial policies aimed at ensuring that the finances of the
Authority are managed in a consistent, conservative and diligent
manner as to protect its assets including provision for their
maintenance and periodic replacement as necessary, to preserve its
capital and reserves, and to provide prompt servicing of its debts and
obligations. Its financial policies must be based on principles of
sustainability.
(7) To prepare for the approval of the authority, the Annual Budget
Statement indicating the revenues and sources thereof and the details
of revenue and capital expenditure.
(e) Transition.—
(1)
To formulate, adopt and implement policies aimed at promoting
formation, growth and development of pilot A.W.Bs./F.Os. and
compilation/faithful monitoring of the results thereof as per
requirements prescribed under this Act and to ensure orderly and
systematic induction thereof into the operations of the Authority.
(2)
To prepare/cause to be prepared and regularly update/cause to
be updated Staffing and Operational and Financial Plan(s) which will
generally deal with and reflect the following aspects:
(i)
composition of the Authority and Board of Management;
(ii)
functions and responsibilities of the Authority and B.O.M.
(iii)
vision and strateg y;
(iv)
organizational structure including job descriptions for key
positions and gradings;
(v)
human resource strategy, staffing plans and compensation
policies;
(vi)
measures for reducing costs and improving efficiency of
the operations of the Authority.
(vii) Cost sharing/recovery arrangements including measures to
improve collection of water rates/drainage cess;
(viii) financial arrangements;
(ix)
schemes/programmes for the improvement of irrigation,,
drainage, flood control and hill torrents in the Province;
(x)
operations management including water allocation, operation
and maintenance and effluent disposal;
(xi)
programmes for establishment of A.W.Bs. and F.Os.
(xii) detailed financial plans/projections clearly outlining the capital
budget,
operating
statement
(revenue
and
expenditure
42
statement), balance sheets and a funds flow statement showing
sources and utilization of funds;
(xiii) transparency and accountability arrangements;
(xiv) performance and monitoring standards;
(xv) co-ordination with the Finance and Planning, Environmental
and Development Department to ensure that the provincial
irrigation assets are properly maintained and Authority’s
development programmes are in conformity with Provincial
planning priorities.
(3)
To prepare and implement policies with a view to ensuring that the
staffing levels within the Authority and other entities under this Act
conform with the corresponding levels indicated in the staffing,
operational and financial plans prepared/updated under subsection
(2) above through enforcement of freeze on hiring of new
employees, non-replacement of employees retiring upon attainment
of age of superannuation, reassignment of any surplus employees,
wherever possible, and by introducing policies offering financial and
other benefits for employees voluntarily opting for early retirement
and to take all steps and exercise all powers reasonably required
to be taken/exercised in this regard.
(4)
To formulate and implement policies with view to ensuring that
the Authority and other entities under this Act become fully operative
as self-supporting and financially self-sustaining entities as regards
operation and maintenance (hereinafter referred to as (‘O&M’) cost
of irrigation and drainages as specified in section 22 within a period of
seven (7) to ten (10) years.
(f) Research and development.—
(1)
To formulate, implement and regularly update polices, studies
and research programmes in order to solve/eliminate and prevent
waterlogging and salinity, and to develop irrigated agriculture in
the Province, in collaboration with the Planning, Environmental
and Development Department.
(2)
To conduct studies in order to regularly analyse and evaluate the
impact of the operations and policies of the Authority on the
ecology and the environment within the Province and to establish
the various available options for the minimization of the adverse impact
of such operations and policies, if any, and to adopt the optimal
options(s) for further action, in coordination with the Provincial
Environmental Protection Agency.
(3)
To coordinate/regulate the measures being undertaken/required to
be undertaken in the Province for recording/gauging surface
waters, monitoring of pound water table and quality of water and the
compilation of data relevant hereto and in this regard to establish and
regularly maintain pr op er lia ison wit h sim i lar wor k being
under t ak en in ot her Provinces/agencies.
43
(4)
To cause studies, surveys, experiments, technical investigations
and research to be conducted in connection with or regarding the
functions and duties of the Authority and/or of any other entity under
this Act.
(5)
To publish/cause to be published the various policies, details data
and information relevant to the affairs of the Authority on regular basis
and to ensure reasonable access of the public to the same.
9. Contractual Services.—
(1) The Authority may, under a written agreement as to the terms and
conditions including the extent and manner of payment for the same, undertake
execution of any scheme(s) or exercise technical supervision and administrative
and financial control over the execution of any scheme(s) framed or sponsored
by any other agency.
(2) Notwithstanding anything to the contrary contained in this Act, the Authority
may with the previous approval of and written agreement as to the terms and
conditions including the extent and manner of payment for the same with the
Government, provide agreed services for the execution of any scheme(s) framed
or sponsored by Government or any agency (under the control of Government)
or provide technical supervision and financial and administrative control over the
execution of any such scheme(s).
10. Acquisition of land by the Authority.—
Acquisition of any land or any interest in land by the Authority for the purposes of
under this section, or for any scheme under this Act shall be deemed to be an
acquisition for a public purpose within the scope and meaning of the Land
Acquisition Act, 1894, provisions whereof shall apply to such acquisition
proceedings. Provided that the Authority, prior to approaching Government for any
proposed acquisition of land or any interest therein shall, in consultation with the
likely affectees if any, prepare resettlement plan which shall be duly approved by the
Authority.
11. Right of Entry.—
(1)
The Managing Director, or any other person authorised by him in writing, may,
after prior notice to that effect and with a copy to the respective Deputy
Commissioner, enter upon and survey and land, erect pillars for the
determination of intended lines of work, make boring and excavations and
do all other acts which may be necessary for the preparation and
implementation of any scheme under any provisions of this Act; provided
that when the affected land does not vest in the Authority, the power conferred
by the above subsection shall be exercised in such manner as to cause the
least interference with and/or damage to such land and the rights of the owner
thereof.
(2)
When any person enters into or upon any land pursuant to subsection (1), he
shall, at the time of such entry or as soon thereafter, as may be practicable
but in no case later than 60 days from the date of such entry, full or tender
44
payment for all necessary damage likely to be caused or caused on account
of any operations proposed to be carried out or carried out under subsection
(1). In case of any dispute, the same shall be referred to the Collector/Deputy
Commissioner of the district who shall decide the same with a maximum
period of 30 days from the date of such reference.
12. Arrangement with local bodies or other agencies.—
(1)
As soon as the scheme has been completed by the Authority or at a later date,
the Authority may arrange by a written agreement with a Local Body or other
agency within whose jurisdiction any particular area covered by the scheme
lies, to take over and maintain any of the works comprising such scheme in
the said area.
(2)
Government shall have the power to direct the Authority to hand over
any scheme(s) completed by the latter to any agency of Government or any
Local Body or take over such scheme(s) completed by any agency. In any
such case, the
45
Authority shall be entitled or liable, as case may be, to the extent of audited
expenditure incurred on such scheme(s).
13. Control over Provincial Waster Resources.—
Subject to the relevant provisions in the Indus Basin Treaty (1960) and the Water
Apportionment Accord (1991), the Authority, with the previous approval of the Provincial
Government, shall have control over such river, canals, drains, streams, torrents, springs,
reservoirs (except such reservoirs as are under the control of WAPDA) and underground
water resources within the Province as may be specified. The conditions under which the
Province’s water resources and handed over to the Authority, shall be clearly specified as
to terms and conditions.
CHAPTER-IV
ESTABLISHMENT
14. Appointment of officers, servants etc.—
(1)
Subject to any other provision of this Act, the Authority may, from time to time,
employ such officers and servants, or appoint such experts or consultants as it
may consider necessary for the performance of its functions, on such terms and
conditions as they may deem fit.
(2)
Notwithstanding anything contained in subsection (1), any rule made, or orders or
instructions issued by the Authority, the Authority may at any time, for reasonable
cause, relieve or remove from its service any person after giving him not less 90
days’ notice or pay for the period by which such notice falls short of 90 days.
15. Recruitment and disciplinary powers.—
The Authority shall prescribe the procedure for appointment and terms and conditions of
service of its officers and servants and shall be competent to take disciplinary action
against its officers and servants in the prescribed manner.
16. Immunity of the Authority and its Employees.—
(1)
The Managing Director, members of B.O.M., officers and servants of the Authority
shall, when acting or purporting to act, in pursuance of any of the provisions of this
Act, be deemed to be public servants within the meaning of section 21 of the
Pakistan Penal Code.
(2)
No suit, prosecution or other legal proceeding shall lie against the Authority, the
Managing Director, Members or officers and servants of the Authority in respect of
anything done or intended to be done in good faith under this Act.
17. Delegation of powers to Managing Director etc.—
The Authority may, by general or special order, delegate to the Managing Director, a
member of the BOM or officer or servant of the Authority any of its powers, duties or
functions, under this Act subject to such conditions as it may deem fit to impose.
46
18. Persons serving in the Provincial Irrigation Department.—
(1)
All employees of the Provincial Irrigation Department, except such employees as
may be specified by Government in this behalf, shall, subject to any other
provision(s) contained herein, on coming into force of this Act, become the
employees of the Authority.
(2)
Employees under subsection (1) shall serve the Authority on such terms and
conditions as amy be prescribed by rules and regulations of the Authority which
shall not be less favourable than their existing terms and conditions of service.
(3)
The Authority shall, through adoption of policies of hiring freeze, assignment, nonreplacement of employees retiring upon attainment of superannuation and
providing incentives for early retirement, bring the numbers of its employes in
conformity with the corresponding numbers indicated in the relevant staffing
operational and financial plans.
(4)
Government shall contribute to the pension, gratuity and final payment of the
provident fund of the employees of the Provincial Irrigation Department who
become the employees of the Authority under subsection (1).
CHAPTER-V
FINANCE
19. Authority Fund.—
(1)
There shall be a fund to be known as the “Authority fund” vested in the Authority.
(2)
The Authority Fund shall consist of :
(a)
all sums received by the Authority in respect of water charges, and proceeds,
development cess, drainage cess, etc.;
(b)
grants made by Government
(c)
loans obtained from Government;
(d)
grants made by Local Bodies as required by Government;
(e)
sale proceeds of bonds or any other debt instruments issued under the
authority of Government;
(f)
loans obtained by the Authority with the special or general sanction of
Government;
(g)
foreign assistance and loans obtained from different foreign agencies with the
sanction of, and on such terms and conditions as may be approved by the
Federal and Provincial Governments; and
(h)
all other sums received by the Authority.
47
20. Authority to be deemed to be a Local Authority.—
The Authority shall be deemed to be a Local Authority under the Local Authorities Loan
Act, 1997 for the purpose of borrowing money under the said Act, and the making an
execution of any scheme under this Act shall be deemed to be work which the authority is
legally authorized to carry out.
21. Limited Liability.—
The liability of Government to the creditors of the Authority shall be limited to the extent of
grant made by Government and the loans raised by the Authority with the sanction of
Government.
22. Procedure for fixation of rates for supply of water.—
(1)
The Authority shall normally supply irrigation water to different areas on equitable
and reasonably assured basis.
(2)
The rates at which the Authority shall supply water shall be fixed as to provide for
meeting the operation and maintenance cost of the system within a period of 7 to 10
years; provided that before proposing any enhancement in the existing rates and/or
agreeing to the same, the Authority/AWB(s) concerned shall use their best endeavours
to reduce the quantum of the proposed enhancement of rates through adoption of the
following measures:
( i)
reducing costs;
( ii)
improving assessment and collection of Water Rate and Drainage Cess;
( iii) recover y of arrears;
( iv) recovery of cost of providing drainage to non-farming beneficiaries; and
( v)
disinvestment of fresh water tubewells in SCARP areas.
(3) The components of O&M to be recovered from the beneficiaries in the form of
abiana/drainage cess shall be the full O&M cost of irrigation canals and secondary
drains.
(4) The Q&M cost of flood protection and public sector fresh ground water (FGW)
tubewells will be excluded from abiana. A nominal proportion (by 5 to 10 per cent)
of the Q&M cost of saline ground water (SGW) tubewells and/or main drain may,
however, be borne by the beneficiaries, should such a seed is felt by the Authority
at some later stage.
23. Books of Accounts.—
The Authority shall maintain proper books of accounts and records on generally
acceptable accounting principles, to explain all its transactions and to give a true and fair
view of this state of affairs. The books of accounts relating to a period of not less than ten
years immediately proceeding the current year shall be preserved in good order.
24. Annual financial statement.—
48
(1)
The Authority shall, not later than six months after the end of each financial year,
prepare financial statements including balance sheet as at the end of the financial
year, income and expenditure account for the financial year, and a statement of
changes in financial position or statement of sources and application of funds for
the financial year, and cause these accounts to be audited in the manner specified
in section 25. The financial statements shall be approved by the Authority.
(2)
The balance-sheet shall give a true and fair view of the state of affairs of the
Authority as at the end of financial year, and the income and expenditure account
shall give a true and fair view of the surplus or deficit of income over expenditure of
the Authority for the financial year.
(3)
Accounting standards of the Pakistan Institute of Chartered Accountants shall be
followed in regard to the books of accounts and preparation of the financial
statements.
(4)
Accounting polices shall be sated as part of the financial statements.
(5)
The Authority shall attach to its financial statements a statement providing
information on any material changes and commitments affecting the financial
position of the Authority which have occurred between the end of the financial year
to which the financial statements were prepared.
(6)
In the month of February each year, the Authority shall submit to Government for
information, projected financial statements for the next year.
25. Audit.—
(1)
The Authority shall have a double audit system.
(2)
The financial statements of the Authority shall be audited every year by the
Accountant-General of the Province as well as by the commercial auditors who
shall be appointed by the Authority.
(3)
The Auditor shall carry out the audit in accordance with the professional standards
of auditing prescribed by the Pakistan Institute of Chartered Accountants, and shall
issue a report on the audit.
(4)
The Authority shall provide a copy of the audit and financial statements together
with detailed information and explanation in regard to the observation, reservation,
qualification or adverse remarks contained in the auditor’s report to the
Government, and shall file a copy with the Accountant General of the North-West
Frontier Province within 30 days of the period stipulated for their preparation in
section 24. The Authority shall carry out all reasonable directives issued by
Government for compliance with the observation, reservation, qualification or
adverse remarks in the audit report.
CHAPTER-VI
AREA WATER BOARDS
26. Establishment of Area Water Boards.—
49
Government shall, as soon as possible, after the coming into force of this Act, notify the
establishment of various Area Water Boards (A.W.Bs.) in the Province together with the
respective territorial jurisdictions which will preferably be based on the canal commands;
provided that an A.W.B. shall initially be formed only as a pilot for certain selected canal
command area to be replicated later around all major canal commands in the Province,
should the result of the pilot A.W.B. is satisfactory.
27. Constitution of A.W.B.s.—
(1)
Government shall, simultaneously with the establishment of the A.W.Bs. in the
Province under section 26, notify the constitution of the Boards of Directors (the
Boards) of such A.W.Bs. Each Board shall comprise of such number of members
as may be required on the basis of successful result of the pilot A.W.B.
(2)
The members of a Board shall in their first meeting elect from amongst themselves
a Chairman who shall preside over their meetings during their tenure of office, . In
case the said Chairman, for any reason, is unable to attend a meeting of the
Board, the members present at such meetings may elect one of the present
members as the Chairman for that meeting.
(3)
The term of office of the members of the Board other than ex office members, if
any, shall be 4 years. A member shall on expiry of his term, be eligible for
renomination/election for one more similar term.
28. Meeting of the Board.—
(1)
The Board shall meet at least once in every quarter. However, the Chairman of the
Board shall, upon receipt of requisition signed by one-half of the members,
convene a meeting of the Board, after giving 7 days’ notice to all the members,
within a period not exceeding 15 days from the date of receipt of such requisition.
(2)
The quorum for a meeting of the Board shall be two-third of the members, a
fraction being counted as one.
29. Function of Area Water Boards.—
An Area Water Board shall—
(a)
formulate and implement policies with a view to achieve and continuously
improve effective, economical and efficient utilization of irrigation water at its
disposal and to ensure that within a period not exceeding 7 to 10 years from the
date of its constitution, it becomes fully operative as a self supporting and financially
self-sustainig entity;
(b)
operate and maintain the irrigation, drainage and flood control infrastructure
located within its territorial jurisdiction, but such operation and maintenance
shall not extend to civil canals and private kathajar;
(c)
adopt and implement policies aimed at promoting formation, growth and
50
development of F.Os. including pilot projects for F.Os. and faithful monitoring
of the results thereof; and
(d)
perform any other functions assigned by the Authority.
CHAPTER-VII
FARMERS ORGANIZATION
30. Formation of F.Os.—
(1)
The Authority and A.W.B. shall, within one year of its establishment, devise and
implement pilot programmes, policies and take steps thereunder to ensure that
F.Os. are formed at the minor/distributary level in a phased and orderly manner in
accordance with the relevant bye-laws and regulations framed by the Authority
under section 31.
(2)
The Authority and A.W.B. concerned shall enable the F.Os. formed under
subsection (1) to become financially self-sustaining and self-sufficient for the due
and effective performance of their functions prescribed under this Act within a
maximum period of seven (7) to ten (10) years from the respective dates of their
formation:
Provided that F.Os. established by Agriculture Department, N.G.Os., community
organizations and other sponsoring entities, shall be deemed to F.Os. within the
meaning of this Act.
31. Bye-Laws and Regulations for F.Os.—
The Authority shall, within said period as my be reasonable, but in no case exceeding six
months from the date of coming into force of this Act, publish/cause to be published byelaws/regulations relevant to the formation of the F.Os. in the Province.
32. Functions and powers of F.Os.—
A farmer Organization (F.O.) shall:
(a)
Operate, manage and improve the irrigations and drainage infrastructure,
comprising of minors, distributaries and drains together with any structures
thereon located with the area relevant to the F.O. concerned, other than civil
canals and private kathajat;
(b)
obtain irrigation water from the Authority or A.W.B. concerned all the head of the
minor or the distributary and to supply the same to the members and other water
users, if any;
(c)
receive the drainage effluent from their water users and to convey the same
through field/collector drains to the designated nodal points of the drainage
system:
51
(d)
collect the agreed water charges/other dues, if any, from its water users and
to pay the agreed consideration for supply of irrigation water and conveyance
and/or disposal of drainage effluent to the Authority or A.W.B. concerned:
(e)
engage, hire or employ and consultants, advisors and employees as may be
deemed necessary or be otherwise reasonably required for the due and
effective performance of various powers and functions on such terms and
conditions as may be prescribed including terms and conditions relevant to the
conclusion or premature determination of such engagement etc. of any
consultant, advisor or employee, as the case may be; and
(f)
any other power and functions not being inconsistent with a functions and
powers given above which may be vested in the F.Os. under the bye-laws and
regulations framed by the Authority under section 31.
CHAPTER-VIII
REPORTS AND STATEMENTS
33. Submission of Yearly Reports and Returns.—
(1)
The F.Os., A.W.B. and the Authority shall submit to Government, as soon as
possible after the end of every financial year but, before the expiry of a period of
seven months of such end of the financial year, a report on the conduct of their
affairs for the year including audited financial statement for the year in question,
(2)
Government may reasonably require the submission of the following:
(i)
any return, statement, estimate, statistics or other information regarding
any matter under the control of such entity; or
(ii)
a report on any such matter; or
a copy of any document in the charge of such entity and the entity
concerned shall comply with every such requisition.
The Authority and A.W.Bs. shall cause to be published their annual reports
submitted together with brief particulars of the projects proposed to be undertaken
during the next financial year in at least one English/Urd/regional language
newspaper.
(iii)
(3)
CHAPTER IX—
MISCELLANEOUS
34. Transfer of Rights and Liabilities.—
(1)
(2)
Upon coming into force of this Act all assets and liabilities and all rights and
obligations of the Provincial Irrigation Department shall stand transferred to the
Authority, on such terms and conditions particularly as regards the use and
disposal of said assets, as my be determined by Government.
All contracts made by the Provincial Irrigation Department relating to irrigation,
drainage, flood control and hill torrents shall be deemed to be contracts made by the
52
Authority. All decisions and/or any other employee or employees of the Authority
duly authorized by the Managing Director in this behalf.
35. Indemnity.—
(1)
Nothing in this Act shall be construed as imposing upon the Authority, either
directly or indirectly, any duty enforceable by proceedings before any Court.
(2)
No suit, prosecution or other legal proceedings shall lie against the Authority, the
Managing Director, or any other officer, servant, expert or consultant of the
Authority in respect of any damage caused or likely to be caused, or anything done
or intended to be done in good faith, under this Act or the regulations made
thereunder.
36. Rules and Regulations.—
For the purpose of carrying into effect the provisions of this Act, the Authority may, with
the approval of Government, frame and notify such rules and regulations as it may
consider necessary or expedient.
37. Removal of difficulties.—
If any difficulty arises in giving effect to any of the provisions of this Act, Government may
make such orders, as inconsistent with the provisions of this Act as may appear to it to be
necessary for the purpose of removing the difficulty.
38. Provisions of this Act to override other Laws.—
In case of any confusion or inconsistency between any provision(s) of this Act and any
other law(s) of provisions of this Act, to the extent of such conflict or inconsistency, as the
case may be, shall prevail.
53
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Getting the process right, Boulder Co. Westview Press. USA.
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