ORISSA PANI PANCHAYAT RULES, 2003

[1][ORISSA PANI PANCHAYAT RULES, 2003]

[23rd April 2003]

PREAMBLE

In exercise of the powers conferred by Section 43 of the Orissa Pani Panchayat Act, 2002, (Orissa Act 10 of 2002), the State Government do hereby make the following rules, namely:

Rule - 1. Short Title.

(1)     These rules may be called the Orissa Pani Panchayat Rules, 2003.

(2)     They shall come into force on the date of their publication in the Orissa Gazette.

Rule - 2. Definitions.

(1)     In these rules, unless the context otherwise requires:

 

(a)      "Act" means, the Orissa Pani Panchayat Act, 2002;

 

(b)      "Annexure" means, Annexure annexed to these rules;

 

(c)      "Executive Engineer" means the Executive Engineer under whose jurisdiction, the Irrigation system is situated and includes any officer specially notified by Government to perform all or any of the functions of the Executive Engineer under the Act;

 

(d)      "Form" means, a Form appended to these rules;

 

(e)      "President" means, the President of the Farmers' Organisation;

 

(f)       "Secretary" means, the Secretary of the Farmers' Organisation;

 

(g)      "Superintending Engineer" means, the Superintending Engineer, under whose jurisdiction, the Irrigation System is situated and includes any officer specially notified by Government to perform all or any of the functions of the Superintending Engineer under the Act; and

 

(h)     "Treasurer" means, the Treasurer of the Farmers' Organisation.

(2)     All other words and expressions used in these rules and not Defined shall have the same meaning as respectively assigned to them in the Act.

Rule - 3. Delineation of Pani Panchayat area.

(1)     The Superintending Engineer of a Major/Medium/Minor Irrigation Project shall delineate every Pani Panchayat area by issuing a notification to that effect, observing the following stipulations, namely:

(a)      The Pani Panchayat area shall ordinarily cover an ayacut area between 300 to 600 hectares for a Major/Medium Irrigation Project.

 

(b)      In respect of a Minor Irrigation Flow Project, the Pani Panchayat area may be less than 300 hectares as per the ground conditions, but shall not be less than 40 hectares.

 

(c)      Every Pani Panchayat area shall be a contiguous patch of land having a distinct hydraulic boundary.

 

(d)      The Pani Panchayat area shall avoid critical patches such as hills, rocks, sand dunes etc.

(2)     In respect of Lift Irrigation Projects, the entire commanded area of the project may, as far as possible, form the area of a single Pani Panchayat, which shall be notified by the concerned Executive Engineer of Orissa Lift Irrigation Corporation, observing the above stipulations as per Sub.rule (1) above.

Rule - 4. Objects of the Farmers' Organisation.

Objects of the Farmers' Organisation shall be,.

(i)       to function in a democratic manner through consensus respecting the rights and duties of all members;

 

(ii)      to make their organisation a viable, vibrant and functioning entity;

 

(iii)     to specially emphasize in making available water to tail end areas;

 

(iv)    to ensure collection of dues, make prudent investment of their resources;

 

(v)      to utilise their assets in a manner that is essential, productive, beneficial arid sustainable;

 

(vi)    to work in close coordination with Government departments and its agencies;

 

(vii)   to maintain the distribution system for sustainable water resources management and development;

 

(viii)  to ensure dissemination of the information;

 

(ix)    to build up a reliable database;

 

(x)      to adopt effective soil and water conservation techniques with the guidance of departmental agencies in the areas of high water requirement like cropped areas;

 

(xi)    to follow sustainable and effective land use system;

 

(xii)   to implement agro.forest ecosystem wherever soil erosion is a serious threat;

 

(xiii)  to adopt integrated watershed management system and integrated balanced nutrient management system;

 

(xiv)  to ensure that hydraulic structures are preserved and protected, with out any modification unless otherwise approved by an authority vested with such powers;

 

(xv)   to work towards maintaining and sustaining an ecology balance and prevent degradation of the environment particularly soils and quality of water;

 

(xvi)  to strive towards becoming sustainable institution through a process of capacity building, skill, up gradation and recovery of costs, wherever necessary; and

 

(xvii) to devise suitable cropping programme every season in order to optimise productivity and production consistent with the availability of water supply.

Rule - 5. Delineation of distributary areas.

(1)     The Chief Engineer of Major Irrigation project may delineate the entire commanded area of the project into such number of distributary areas, as the total number of distributaries in the project.

 

(2)     That total ayacut area irrigated by a particular distributary, shall be declared to be the distributary area of such distributary, which shall be duly notified by the Chief Engineer of the Project.

 

(3)     The areas of the different distributaries of the project shall be distinct and shall not overlap one another.

 

(4)     All the Pani Panchayats situated within a particular distributary area shall form part of the distributary area.

Rule - 6. Delineation of project area.

(1)     The Government may issue a notification declaring the project area of a major irrigation project, which shall consist of all the distributary areas of the project.

 

(2)     The Chief Engineer in.charge of the Minor or Medium Irrigation Project may notify the entire commanded area of the Minor or Medium Irrigation Project to be the project area of the Minor or Medium Irrigation Project.

Rule - 7. Rights and responsibilities of the Farmer's Organisation.

(1)     The rights of the Farmers' Organisation shall be,.

(i)       to obtain information in time about wafer availability, opening/ closing of main canal, periods of supply and quantity of supply, closure of canals etc;

 

(ii)      to receive water in bulk from the Irrigation Projects for distribution among the water users on agreed terms of equity and social justice;

 

(iii)     to receive water according to an approved time schedule;

 

(iv)    to allocate water to non.members;

 

(v)      to levy separate fees for maintenance of the system;

 

(vi)    to levy any other fee or service charges, to meet management costs and any other expenses;

 

(vii)   to utilise the canal bunds as long as such use is not obstructive, or destructive to hydraulic structures by planting timber fuel, or fruit bearing trees or grass for augmenting the income of the Farmers' Organisation;

 

(viii)  to obtain the latest information about new crop varieties, and their pattern, package of practices, weed control etc., for agriculture extension service and purchase inputs such as seeds, fertilizers and pesticides; for use of its members;

 

(ix)    to have full freedom to grow any crop other than those expressly prohibited by a law and adjust crop areas within the total water allocated area without causing injury to neighbouring lands'

 

(x)      to participate in planning, and designing of micro.system;

 

(xi)    to suggest improvements/modifications in the layout of field channels/ field drains to supply water to all the farmers in the command; area and

 

(xii)   to plan and promote use of the ground water.

(2)     The responsibility of Farmers' Organisation shall be,.

(i)       to enter into an agreement with the Irrigation Officer as per Form .'A', for achieving the objects and functions of the Farmer's Organisation as provided under Section 16 of the Act;

 

(ii)      to prepare the schedules of water deliveries and communicate to concerned officials;

 

(iii)     to organise preparation of crop plan to arch water deliveries with crop requirements;

 

(iv)    to supply water to all members in the commanded area as per the approved terms;

 

(v)      to carry out timely maintenance and repairs to the distributary system including drains and other properties;

 

(vi)    to organise repairs of the system by the farmers free of cost, or on payment;

 

(vii)   to avoid and prevent misuse and wastage of water;'

 

(viii)  to use water economically and furnish data if required to the Water Resources Department on water use, irrigated area, irrigation efficiency and crop yields;

 

(ix)    to maintain a register of landholders;

 

(x)      to prepare and maintain an inventory of the irrigation system within the area of operation;

 

(xi)    to resolve the disputes, if any, between the members and water users in its area of operation;

 

(xii)   to raise resources;

 

(xiii)  to maintain accounts;

 

(xiv)  to cause annual audit of its accounts;

 

(xv)   to assist in the conduct of elections to the Executive Committee;

 

(xvi)  to maintain records as per Rule 30;

 

(xvii) to conduct General Body meeting, as per Rule 10; (xviii) to conduct periodical social audit, as per Rule 26;

 

(xviii)   to inspect water utilisation by the farmers in the command areas, irrigated crop areas and collect data on crop yields,

 

(xix)  to impose and recover penalties or fines for misuse and wastage of water and tampering or damaging with the irrigation network controls, sluices, outlets etc., as per the provisions of the Act;

 

(xx)   to educate farmers on preparing fields and adopting modern 'methods of field irrigation, such as borders, furrows, graded bunding for all round efficiency;

 

(xxi)  to educate farmers on new crop varieties, practices of using pesticides and weedicides;

 

(xxii) to procure hired implements and gadgets for agricultural operation, where feasible and needed;

 

(xxiii)   to improve the system for efficient and economical use of available/ allocated water, for efficient production of crops;

 

(xxiv)   to assist in collection of water rate;

 

(xxv)to collect water.rate from the users in case of European communities aided minor irrigation projects as per Water Resources Department Resolution No. 48049 dt. 4.12.1999 at Annexure.1.

 

(xxvi)   to pay for the energy charges and maintain the Lift Irrigation point and to utilise the proceeds for maintenance of the distribution system by entering into an agreement as per Form B.

Rule - 8. Rights and responsibilities of the member users .

(1)     The rights of the member users shall be

(i)       to suggest improvements/modifications in water deliveries;

 

(ii)      to get information relating to water availabilities, allocation, opening closing of canals and outlets, period of supply and its frequency;

 

(iii)     to receive water as per specified quota for use;

 

(iv)    to have the freedom of growing any crop, other than those prohibited by law, adjusting the crop within the water allocated and the overall cropping plan of the commanded area;

 

(v)      to participate in the General Body meeting and receive annual reports; and

 

(vi)    to receive equitable benefits from the activities of the organisation.

(2)     The responsibilities of the member users shall be, .

(i)       to maintain the micro.level system particularly, the turn outs, field channels, structures, and field drains;

 

(ii)      to beaware of the rules of operation of water supply framed by the Farmer's Organisation for each season;

 

(iii)     to adhere to the water delivery schedules;

 

(iv)    not to tamper with the system by breaching, cross bunding, damaging the structure in the minor or field channel;

 

(v)      to close the turnout fully after the allotted turn or time is over;

 

(vi)    to conserve water and make proper use of the irrigation supply;

 

(vii)   to divert water it not required during the turn or time allotted, so as not to damage other farmer's field;

 

(viii)  to follow proper irrigation methods like borders, furrows, check basins etc;

 

(ix)    to get the lands levelled/shaped for efficient utilisation of land and water and to prevent deep percolations leading to water logging and salinity in the downstream area;

 

(x)      to pay the irrigation fees., water.rate and service charges regularly and in time;

 

(xi)    to avoid misuse/wastage of water, taking water out of turn, taking more time than allotted;

 

(xii)   to avoid trampling of field channels/field drains, by crossing at unauthorized points by men and cattle;

 

(xiii)  to maintain field channels/field drains in the reaches specified by the Pani Panchayat or contribute to labour/cost for maintenance, whenever required;

 

(xiv)  to permit the users for inspection of .

(a)      irrigation area;

 

(b)      measurement of irrigated area;

 

(c)      observation of water levels in dug wells/bores/tube wells;

 

(d)      crop.cutting experiments for assessing productivity/production;

(xv)   to abide by the decision of the Farmers' Organisation, and

(xvi)  to respect easementary rights and other customary practices in vogue in the system.

Rule - 9. General Body.

(1)     The General Body of a Farmers Organisation shall consist of the members:

(a)      in respect of a Pani Panchayat as specified under Sub.section (4) of Section 3 of the Act; and

 

(b)      in respect of Distributary Committee, as specified under Subsection (3) of Section 5 of the Act; and

 

(c)      in respect of a Project Committee, as specified under Sub.section (3) of Section 7 of the Act.

(2)     The General Body shall be assisted by the competent authority as notified under Section 21 of the Act. The competent authority shall have the right to attend the meeting and record his views, but shall have no right to vote.

Rule - 10. General Body Meeting.

(1)     The General Body shall meet at least twice a year, once before the Khariff and once before the Rabi season. The meetings shall be presided over by the President and in his absence by one of the members of the Executive Committee duly elected for this purpose.

 

(2)     The General Body may also be called for at any time by the President or by the Executive Committee members through a majority resolution or by members of the organisation through a requisition signed by not less than 1/3rd of the members with voting rights.

 

(3)     A General Body meeting shall also be held on receipt of a direction to do so from the Government or by the next higher tier of the Farmer's Organisation in respect of matters relating to urgent public importance.

Rule - 11. Notice for the General Body meeting

(1)     On receipt of a notice either under Sub.rule (2) or (3) of Rule 10, the Executive Committee of the Farmer's Organisation shall convene a General Body meeting within 20 days by giving 7 days prior notice of the date, time and place of the meeting and also the agenda.

(2)     Notice for the General Body meeting shall be sent at least 7 days in advance of the date of the meeting along with the agenda. Notice may be sent by hand/post/publication/beat of drum and display on the notice board of the organisation.

Rule - 12. Quorum for the General Body meeting

(1)     At all the meetings of the General Body, the quotum shall be 1/3d of the members and all resolutions shall be carried by a majority of the members present and voting.

 

(2)     If there is no quorum for the meetings, the meeting shall be adjourned and be convened again at a date and time not later than two days of the first meeting;

 

(3)     For the adjourned General Body meeting, no quorum is required and resolutions would be carried by a majority of the members present and voting; and

 

(4)     At a requisitioned General Body meeting, the items specified in the agenda alone will be discussed. No other subject will be discussed without the express permission of the President or the majority decision of the members present in the meeting.

Rule - 13. Minutes of the meeting

Every proceeding of the General Body shall be recorded in the minutes book maintained for the purpose and authenticated by the President or the person who has presided over the meeting, as the case may be. A copy of the minutes shall be sent to the authority at the next higher tier.

Rule - 14. Powers of General Body.The General Body shall have the following powers, namely:

(a)      to approve the Operational Plan for each crop.season and review its implementation in the area of operation;

 

(b)      to allocate water amongst various main canals distributaries/ minors/ outlets, according to the operational plan approved;

 

(c)      to decide on the manner of regulation and distribution of water;

 

(d)      to prepare annual and long.term financial and works plans and prioritise works for maintenance/repairs/upkeep, rehabilitation of the irrigation system;

 

(e)      to approve annual financial budget and review performance of the previous years budget;

 

(f)       to appoint auditors for the annual audit and/or concurrent audit and to fix fees for the same;

 

(g)      to set up sub.committee of Members for various activities and functions of the Organisation;

 

(h)     to create or/setup such fund as may be required for different activities/ works;

 

(i)       to entertain and dispose appeals against the orders of Executive Committee between water users;

 

(j)       to levy, collect fees and water tax as provided under Section 20 of the Act;

 

(k)      to take decisions on raising of resources as provided under Section 22 of the Act; to invest surplus funds in Banks or Government approved securities or as may be directed by Government from time to time for the benefit of the organisation;

 

(l)       to take decisions on collective marketing or agricultural produce, collective procurement of inputs, running of Agro Service Centers, providing credit facilities and taking up post harvest activities including processing of agricultural commodities.

 

(m)    to decide on permissible administrative expenses with the ceilings prescribed, from time to time; and

 

(n)     to carry out the recall proceedings as per Section 10 of the Act.

Rule - 15. Executive Committee.The composition and quorum.of the Executive Committee shall be,.

(a)      the Executive Committee in respect of a Farmers' organisation shall consist of the President and members elected to the Executive Committee from the Chaks in respect of a Pani Panchayat as provided under Sub.sections (1) and (2) of Section 4 of the Act; the President and members elected to the Executive Committee in respect of a Distributary Committee as provided under Subsections (1) and (2) of Section 6 of the Act; the President and members elected to the Executive Committee in respect of a Project Committee as provided under Sub.sections (1) and (2) of Section 8 of the Act;

 

(b)      the meetings of the Executive Committee shall be held at least once in every month in the office of the organisation. The meeting maybe held more frequently if it so requires. A meeting requisitioned, shall be held within 7 days of the receipt of requisition for such a meeting by the President;

 

(c)      notice for the meeting shall be sent by hand/post/delivery and published on the Notice Board.

 

(d)      all meetings shall be presided over by the President of the Executive Committee. In his absence, the committee may elect one member amongst themselves to preside over the meeting.

 

(e)      every proceeding of the Executive Committee shall be recorded in the minutes book maintained for the purpose by the person chairing the meeting, a copy of the minutes shall be sent to the authority of the next higher tier;

 

(f)       the quorum for the meeting shall be 1/3rd of the members. All resolutions shall be carried by a majority of the members present and voting; and

 

(g)      if there is no quorum for the meeting, the meeting shall be adjourned for one day and be convened again.

Note. For an adjourned meeting no quorum is required.

Rule - 16. Filling up vacancies of the Executive Committees .

(1)     If a vacancy occurs in the Executive Committee of a Pani Panchayat due to any reason, the Distributary Committee of the project under the jurisdiction of which the Pani Panchayat is situated, in a meeting of the General Body shall, nominate to the Executive Committee one of the remaining two members of the Chak Committee to which the members so expired/resigned belongs. 

 

(2)     In case of a Project not having Distributary Committee, the Executive Committee of the concerned Project Committee shall fill up such vacancy in the Executive Committee of the Pani Panchayat by nominating one of the remaining two members of the Chak Committee to which the member so expired/resigned, belongs.

 

(3)     The concerned Election Authority shall follow the procedure as prescribed in Rule 39 to fill up the vacancy in the Chak Committee, if any, and to directly elect one of the three members of the Chak Committee to be a member of the Executive Committee of the Pani Panchayat.

 

(4)     After such election of the member from the Chak Committee to the Executive Committee of the Pani Panchayat, the earlier nomination made by the Executive Committee of the Distributary Committee/Project committee shall automatically cease.

 

(5)     If a vacancy occurs in the Executive Committee of the Distributary Committee due to any reasons, the concerned Project Committee of the Major Irrigation Project, under the jurisdiction of which, the distributary area is situated, in a meeting of its General Body, shall nominate one of the members of the General Body of the Distributary Committee to which the member so expire/resigned belongs. The concerned Election Authority as per provisions of Rule.41 shall fill up the vacancy so caused by nomination in a regular manner, The nomination shall automatically cease on election of the Executive Committee member in a regular manner by the Election Authority.

 

(6)     If a vacancy occurs in the Executive Committee of the Project Committee due to any reason, Government in the Department of Water Resources shall nominate one of the members of the General Body of the Project Committee to become a member of the Executive Committee of the Committee.

 

(7)     The concerned Election Authority as per provisions of Rule 33, shall fill up the vacancy so caused by nomination in a regular manner The nomination shall automatically cease on election of the Executive Committee member in regular manner by the Election Authority.

Rule - 17. Powers and functions of the Executive Committee

The powers and the functions of the Executive Committee shall be;.

(a)      to prepare and implement operational plan for each session in its area of operations;

 

(b)      to prepare and implement khariff and rabi; plans for various crops to be grown;

 

(c)      to prepare budget and allocate resources for various activities;

 

(d)      to prepare and implement annual and long term plans for repairs, maintenance, rehabilitation for development of the irrigation and drainage systems and to accord administrative sanction, taking up works as per availability of resources on priority;

 

(e)      to prepare to or cause to be prepared annual accounts of income and expenditures, and assets and liabilities;

 

(f)       to ensure equitable distribution of water among various water users;

 

(g)      to evolve and implement systems of regulation control, monitoring and reporting of water use and land use;

 

(h)     to recommend appointment of auditors for annual audit or concurrent audit to General Body.

 

(i)       to organise execution of works;

 

(j)       to raise resources and determine its deployment for various activities/ functions of the organisation;

 

(k)      to recommend formation of Sub.committees to the General Body for undertaking various activities;

 

(l)       to settle disputes amongst members of the Farmers' Organisation;

 

(m)    to elect one of its members as Secretary and one as Treasurer to operate the funds of the organisation;

 

(n)     to provide developmental services to the members related to irrigation and agriculture;

 

(o)      to take up training programme for members;

 

(p)      to prepare annual list of all Water Users and Members with voting rights;

 

(q)      to assist the Revenue, Water Resources and Agriculture Departments in preparation and maintenance of basic records;

 

(r)      to maintain and operate a Reserve Fund;

 

(s)      to scrutinize the audit reports and rectify defects and report to the General Body;

 

(t)       to carry out and implement all decisions of the General Body; and

 

(u)     to establish a management information system and submit periodical report as may be specified by Government.

Rule - 18. Duties of the President.

The duties of the President shall be.

(a)      to conduct the affairs of the Farmer's Organisation in a democratic, free, fair and transparent manner;

 

(b)      to preside over the General Body meetings and Executive Committee meetings and conduct the meetings in a peaceful and democratic manner;

 

(c)      to sign and authenticate the minutes of the meetings and also other records of the Farmers Organisation as may be required;

 

(d)      to have only a casting vote in the event of equality of votes on any matter being decided upon by the General Body or by the Executive Committee, as the case may be;

 

(e)      to issue work orders on behalf of the Farmers Organisation;

 

(f)       to have powers to operate the accounts jointly with the Secretary;

 

(g)      to represent the case of the Farmers' Organisation in any dispute before Distributary Committee or Project Committee or the Government, as the case may be;

 

(h)     to be an authorised representative of the Farmer's Organisation at all other forums, meetings called by any authority; and

 

(i)       to submit annual reports to the General Body on the activities of the Farmers' Organisation.

Rule - 19. Duties of the Secretary.

The duties of the Secretary shall be.

(a)      to assist the President in all matters regarding functioning of the office of the Farmers' Organisation;

 

(b)      to convene all meetings of the Farmers' Organisation;

 

(c)      to record and maintain the minutes of the meetings;

 

(d)      to carry on all correspondences of the Farmers' Organisation.

 

(e)      to maintain and remain in.charge of such books and papers as may be directed by the Executive Committee;

 

(f)       to carry out the orders and resolution of the Executive Committee;

 

(g)      to be custodian of all records, properties of the Farmer's Organisations;

 

(h)     to render full and complete accounts of all transactions of the Farmers' Organisation;

 

(i)       to get the annual accounts audited by the authorised auditors,

 

(j)       to furnish an audited statement of all receipts and expenditures to the Executive Committee;

 

(k)      to execute all agreements and to sign all pleadings, warrants, power of attorney, vakalatnama, petitions, statements and to represent the Farmers' Organisation in all suits and matters instituted by or against the Farmers' Organisation; and

 

(l)       to attend the meetings of all sub.committees as a non.member and record the minutes in the minutes book to be approved by one of the members of the sub.committees,

Rule - 20. Duties of the Treasurer .The duties of the Treasurer shad be,.

(a)      to receive all subscriptions, fees, rates and charges, donations, grants and.money from different sources and issue receipts for the same; and

 

(b)      to receive, disburse and maintain daily accounts (Cash Book), Bill Register etc. and get the same authenticated by the Secretary.

Rule - 21. Procedure for recall.

(1)     A written notice in plain paper signed by not less than one third members of the General Body of the Pani Panchayat, the Distributary Committee or the Project Committee addressed to the Executive Engineer in case of Pani Panchayat, to the Superintending Engineer in case of Distributary Committee, to the Chief Engineer in case of the Project Committee and to the Executive Engineer of Orissa Lift Irrigation Corporation in case of Lift Irrigation point, may be filed for recall/removal of the President of the Farmers Organisation from his/her office:

Provided that no notice can be filed within one year from the date of assumption of office by the person against whom such motion is proposed to be moved.

(2)     The officer so moved, shall direct the Farmers' Organisation to convene the special General Body meeting by giving clear 15.days' notice to all the members of the Farmers' Organisation by personal service, which shall be presided over by him.

(3)     The quorum of the specially convened General Body meeting shall be 50%(fifty percent) of the total members of the General Body.

(4)     The motion shall be placed before the specially convened General Body meeting for discussion and voting. If the motion gets the support of two.third majority of the members present through secret ballot, the motion shall be declared to have been passed by the General Body specially convened.

(5)     The officer competent to declare a person elected shall, by order, remove the person from office against whom the motion is passed.

(6)     The resulting vacancy shall be filled up as a casual vacancy.

Rule - 22. Constitution and Functions of sub.committee

(1)     The General Body of a Farmers' Organisation may constitute the following sub.committees under Section 11 of the Act,.

(a)      Finance and Resource sub.committee;

(b)      Works sub.committee;

(c)      Water Management sub.committee;

(2)     The composition of the sub.committee shall be :.

(a)      the Convener of a sub.committee shall be the Secretary of the Executive Committee;

 

(b)      in the case of Pani Panchayat, the members not exceeding four shall be drawn from out of members of the Chak committees;

 

(c)      in the case of Distributary Committee, the members of the subcommittee, not exceeding four shall be selected from the Presidents of the Pani Panchayat;

 

(d)      in the case of a Project Committee, the members of the subcommittee, not exceeding four will be selected from Presidents of Distributary Committees in the Project;

 

(e)      no member shall represent more than one sub.committee.

(3)     (i) Functions of the Finance and Resource sub.committee shall be,.

(a)      to mobilise and collect resources;

 

(b)      to ensure collection of dues from members as levied under Section 20 of the Act;

 

(c)      to recommend to the Executive Committee for the use and deployment of resources;

 

(d)      to approve all expenditure once a month.

(ii) Functions of the Works sub.committee shall be :.

(a)      to recommend estimates of works for administrative approval; and

(b)      to supervise works and ensure quality control.

(iii) Functions of the Water Management sub.committee shall be:.

(a)      to prepare a draft cropping plan in consultation with the farmers and Agricultural Experts;

 

(b)      to carry out the decisions of the Executive Committee and of the General Body on water regulation, schedule of water release;

 

(c)      to organise patrolling of the canal, channels and regulate the use of water in accordance with the Operational Plan of the Farmers' Organisation;

 

(d)      to check the irrigation and drainage system regularly;

 

(e)      to record the water deliveries;

 

(f)       to amicably resolve disputes regarding water sharing and to report to the Executive Committee, any violations in the use of water; and

 

(g)      to maintain records of land owners and water users.

Rule - 23. Procedure for taking up works

The procedure for taking up the works by the Farmers' Organisation shall be,.

(a)      The Maintenance works which may include :.

Desilting

Weed removal

Repairs and painting to shutters.

Repairs to masonary and lining, and

Emergent breach closing works and maintenance of inspection path.

Note. The above works shall be executed by the Farmers' Organisation under the supervision of the Competent Authority of the Department of Water Resources.

(b)      Identification of normal operations and maintenance works.Participatory Walk Through.

Note. The President along with the Competent Authority shall, prior to commencement of every crop season, organise participatory walk through within the area of operation of the Farmers' Organisation and identify all the critical reaches, which need immediate repair as listed out above. The Competent Authority shall assist the Farmers' Organisation in preparation of detailed list of works to be undertaken.

(c)      Prioritizing works :

Note. The Executive Committee of the Farmers' Organisation shall discuss the list so prepared and fix up priority of works to be taken up immediately.

(d)      Preparation of Estimates:

Note. The Competent Authority shall prepare estimate and accord technical sanction for the works so prioritized according to the prevailing schedule of rates within a fortnight.

(e)      Administrative Approval:

Note. The Executive Committee of the Farmers' Organisation shall accord administrative approval for the estimates prepared subject to availability of funds. Each Administrative Approval shall be recorded in the Register of Administrative Approvals in Form.C.

(f)       Technical Sanction:

Note. The power of technical sanction by the Competent Authority shall be as per the prevailing Orissa Public Works Department (OPWD) Code.

(g)      Manner of taking up works:

Note.  (i) Works as approved by the Committee of the Farmers' Organisation shall be taken up for execution by the Farmers' Organisation itself or by an agency selected by the Committee.

(ii) The work order shall be issued by the President and the agreement shall be executed by the Secretary with the executing agency.

(iii) The detailed accounts including maintenance of muster roll of such of the works as may be executed by the Farmers Organisation itself shall be maintained by the Secretary. All purchases in respect of these works will be approved by the Executive Committee.

(iv) The Competent Authority shall record the pre.measurement and final measurements works of the Farmers' Organisation for quantifying the work done by the Farmers' Organisation directly or through an agency for making payments by the Farmers' Organisation.

(v) The Competent Authority shall prepare the bill in accordance with the measurements taken by him. The bills will be passed for payment by the President in respect of the works executed by the Agency.

(vi) In case of the work executed by the Farmers' Organisation itself, the Competent Authority shall prepare a material statement basing on the measurement recorded by him for approval of expenditure.

(h)     Limitation on works:

Note. No Farmer's Organisation shall have the power to interfere with the designed hydraulic particulars of an irrigation system.

(i)       Publication of List of works to be taken up :

Note.  (i) The list of works to be taken up along with the estimated amount and the names of the Executing Agency shall be given wide publicity by means of display in the office of the Farmers' Organisation and institutions within the area.

(ii) The members are free to contribute resources either in cash or by way of material or labour.

(j)       Payment for the works done:

Note. (1) All payments for works done above Rs. 1000.00 (one thousand) shall be paid by cheque. The Treasurer shall maintain a record of all payments made in the cash book date.wise. The cheque will be jointly signed by the President and the Secretary.

Rule - 24. Sinking Fund

(1)     The Farmers' Organisation, shall open a joint account in the names of its Secretary and Treasurer in a nationalised bank or a cooperative bank to operate the Sinking Fund.

 

(2)     The Executive Committee of the Farmers' Organisation in the meeting, shall decide to deposit a certain amount into the Sinking Fund every year, which shall be approved by the General Body. The Farmers' Organisation may augment the Sinking Fund by way of depositing the fund money in fixed deposit or in Kisan Vikas Patra.

 

(3)     The Farmer's Organisation may utilize the sinking fund for repayment of money borrowed and shall repay back such sum into the Sinking Fund within a period fixed for the purpose.

Rule - 25. Budget

The Farmers' Organisation shall prepare the budget in respect of next financial year in Form.L. The budget shall show the estimated receipts and expenditures of the Farmers' Organisation. The Executive Committee, after scrutinising the same, shall place it before General Body of the Farmers' Organisation for its approval.

Rule - 26. Social Audit of Farmers' Organisation

(1)     At the end of each cropping season there shall be a General Body meeting where the President along with all the Executive Committee members shall render accounts of the utilisation of funds, including the works executed, the estimates and the names of the executing agency etc.

 

(2)     At the same General Body meeting, the Executive Committee shall also place the utilisation of water against water budget.

Rule - 27. Operational plan and Water Budgeting .Water Budget for Farmers' Organisation:

(1)     The Executive Committee of the respective Farmers' Organisation shall, along with the assistance of the competent authority, prepare a water budget for the area of operation under its control as specified below:

(a)      One month before the onset of the kharif season, the Project Committee shall, subject to such directions as may be given by Government from time to time, work out the anticipated inflow and existing water availability in the reservoir and work out the water allocation to all the Distributary Committees. The Distributary Committees shall allocate the water made available to Pani Panchayat in its jurisdiction;

 

(b)      For the Rabi Season, the Project Committee will determine the area to be thrown open for irrigation, based upon the actual availability of water at the beginning of kharif season. The water so available, shall be allocated equitably among the Distributary Committees and Pani Panchayat adopting circular rotation;

 

(c)      Based on the availability of water, the Pani Panchayat will draw up a suitable crop plan in consultation with' the farmers and officials of Agriculture Department;

 

(d)      Each of the Farmers' Organisation, shall draw up an operational plan which shall specify the quantity of water to be drawn on a fortnightly basis;

 

(e)      The drawal of water shall be monitored each day at specified gauge points as decided by the Farmers' Organisation;

 

(f)       Review of the drawal and distribution shall be done by each of the Farmers' Organisation at the end of each fortnight and corrective measures taken; and

 

(g)      At the end of each season, the respective Farmers' Organisation shall prepare a report of water received and utilised along with the area irrigated, quantity of water supply and extent of crops produced.

Rule - 28. Water Regulation

After a water budget is prepared, the Farmers' Organisation shall draw up a plan of water regulation as follows:

(a)      The dates of release and closure shall be informed to all members well in advance;

 

(b)      Equitable distribution bf water amongst all users shall be the main principle in water regulation;

 

(c)      A Farmers' Organisation shall draw water and monitor flows based on the operational plan prepared;

 

(d)      A Warabandi Schedule shall be prepared for each outlet in a Farmers' Organisation;

 

(e)      A Farmers' Organisation may, for the purpose of monitoring, instal such devices as may be required within its jurisdiction.

Rule - 29. Accounts/Finance.

(1)     The Farmers' Organisation shall open an account in Nationalized Bank or a Co.operative Bank in its name and shall be operated jointly by the President and the Secretary. The Treasurer shall maintain the Cash Book and accounts of expenditure with appropriate vouchers and receipts.

 

(2)     Every expenditure shall be supported by a receipt or voucher, which shall, be duly passed for payment by the President.

 

(3)     All expenditure has to be approved by the Finance sub.committee/ Executive Committee, at least once a month.

 

(4)     Every Farmers' Organisation shall maintain the following Registers.

(a)      Cash Book;

 

(b)      Bill Registers;

 

(c)      Receipt Books;.

 

(d)      Asset Register;

 

(e)      Register of demand and collection of Water Rate;

 

(f)       Register of Landholders; and

 

(g)      Register for Repair and Maintenance of canal.

Note. Each of them shall bear the name, address and the seal of the Farmers' Organisation and shall be machine numbered.

Rule - 30. Maintenance of other Records

Each of the Farmers' Organisation shall maintain the following records:

(i)       An up.to.date copy of the Act, Rules, Directions and orders of the Commissioner/Government;

 

(ii)      A map showing the boundaries and jurisdiction of the water conveyance system, within the boundaries of the association;

 

(iii)     A register containing the list of land holders and water users along with their land holding in Form.D;

 

(iv)    A register showing the area irrigated and the demand of water rate year wise and collection made every season in Form.E;

 

(v)      A Bill Register showing the list of works taken up during a season along with their estimate and expenditure in Form F;

 

(vi)    Cash Book in Form G; which shall contain all daily receipts and expenditure ol Farmers' Organisation;

 

(vii)   Receipt Book in Form H;

 

(viii)  Asset Register in Form I; and,

 

(ix)    Register for repair and maintenance of canal in Form K;

 

(x)      Minutes Book;

Every proceeding of a General Body meeting and an Executive Committee meeting shall be recorded by the Secretary and approved by the president;

(xi)    Every proceeding of a sub.committee meeting shall be recorded by the Secretary and shall be approved by a member of subcommittee.

Rule - 31. Levy and collection of fees/water rate.

(1)     A fee/water rate may be levied only on the resolution of the General Body, the purpose of which shall be,.

(a)      to provide facilities; or

 

(b)      to provide specific service; or

 

(c)      to meet many urgent needs of the Farmers' Organisation; or

 

(d)      to build up assets of the Farmers' Organisation; or

 

(e)      to improve the system.

(2)     In case of Lift Irrigation Points, the water rate shall cover.

(a)      Energy charges;

 

(b)      Charges for maintenance and repairs;

 

(c)      Charges to improve the system; and

 

(d)      Cost of replacement.

(3)     The Executive Committee shall decide the amount of.fee/water rate proportionate to the land holding and issue demand notice in Form.J; and in case of Lift Irrigation Points, the Executive Committee may assess such minimum charges of water rate as may be decided by the General Body in respect of user farmers in the ayacut who don't take up any cultivation during a season.

(4)     All fees/water rate collected shall be duly accounted for through proper receipts.

(5)     (a) Where a member has defaulted in payment of such levy/ water rate levied by the Farmers' Organisation, the Executive Committee shall prepare a list of defaulters along with amounts due, and publish the same in the notice board.

(b) The defaulters list so prepared under Clause (a) shall be furnished to Tahasildar of the area, in whose jurisdiction, the area of operation of Farmers' Organisation lies; for recovery under the Orissa Public Demands 'Recovery Act.

Rule - 32. Financial Audit.

At the end of each financial year, and not later than three months after the commencement of the new financial year, each of the Farmers' Organisation shall cause its accounts to be audited as follows:

(i)       the Executive Committee shall appoint an Auditor who has adequate experience in normal auditing work;

 

(ii)      the Auditor so appointed shall be a person of repute in the area of operation of the Farmers' Organisation;

 

(iii)     the Auditor so appointed shall take all steps necessary to scrutinise the accounts of receipts and expenditure and furnish the audit report along with the statement of accounts and balance sheet to the President of the concerned Farmers' Organisation, duly attesting the same;

 

(iv)    the Audit Report shall be submitted to the General Body in Its meeting for its approval;

 

(v)      the Executive Committee of a Farmers' Organisation shall furnish the implementation report to the General Body on all matters as pointed out in the audit report and the Executive Committee shall implement the decisions of the General Body in this regard; and

 

(vi)    if the overall transactions exceed Rs, 10,00,000 (Rupees ten lakh) per annum, the Farmers' Organisation shall engage the services of a Chartered Accountant;

 

(vii)   the fees for the Auditor shall be as may be approved by the executive committee of the Farmers' Organisation.

Rule - 33. Offences and Penalties.

(1)     The Farmers' Organisation shall have a right to take action on any of the offences specified under Section 23 of the Act.

 

(2)     The President of the Farmers' Organisation or his nominees shall give a notice of the offence to the individual.

 

(3)     The individual who has committed the offence, shall be given reasonable opportunity, to explain his points in defence.

 

(4)     The Executive Committee after examination of the materials as indicated in sub.rules (2) and (3) shall decide, by a majority, the nature and gravity of the offences.

 

(5)     If the offence is proved beyond doubt, the Executive Committee may fix a reasonable amount as fine, as specified under Section 25 of the Act, keeping in view the nature of offence committed under Section 23 of the Act and recover it.

 

(6)     The money recovered as per sub.rule (5) above, shall be duly acknowledged and accounted for.

 

(7)     In case the offence is not compounded, the Secretary shall lodge complaint (F.I.R.) in the Police.Station for necessary legal action under Section 23 of the Act.

Rule - 34. Function of Competent Authority.

In the functioning of the Executive Committee of the Farmers' Organisation, the competent authority appointed under sub.section (1) of Section 21 of the Act, shall:

(a)      attend the meetings convened by the Executive Committee and participate in the discussions but he shall not have any voting right.

 

(b)      assist in the preparation of maintenance plan.

 

(c)      prepare estimates for works identified for execution.

Note. The estimate shall be prepared as per the norms and the rules prescribed by the Department of Water Resources.

(d)      accord technical approval to the maintenance works, as per the powers delegated. The technical approval shall be limited to the administrative approval of the work.

(e)      ensure that no alteration or change is made in the irrigation system, with reference to the approved hydraulic particulars.

(f)       bring to notice of Water Resources Department any tampering or changes made in the system, by any Farmers' Organization in contravention of the hydraulic particulars. He shall ensure that action is taken in accordance with the Act.

(g)      provide technical details of the system to the member of the Committee.

(h)     assist the Executive Committee in the preparation and approval of operational plan,

(i)       advise and assist on water regulation, based on the water supplies and seasonal condition.

(j)       prepare water budgeting for the Farmers' Organisation.

(k)      help in assessment of area irrigated.

(l)       help in training any helpers appointed by the Farmers' Organisation in discharging their duties.

(m)    guide the farmers' Organisation in maintaining various registers, and

(n)     record measurements for the work done and prepare the bills for payment by Farmers' Organisation based on the approval of the Works Sub.Committee.

Rule - 35. Inspection.

Any officer of the Department of Water Resources above the rank of Assistant Engineer under whose jurisdiction the Farmers' Organisation is situated, can inspect the records of the Farmers' Organisation and can submit a report of his visit to his next higher authority with a copy to the Farmers' Organisation, so inspected.

Rule - 36. General.

(1)     The Farmers' Organisation shall assist the Government/ Commissioner/Government authorities in implementing the various provisions of the Act and rules; and it shall abide by the directions/orders given by the Government/Commissioner.

 

(2)     The Farmers' Organisation shall assist the Chief Engineer/ Super.tending Engineer and Election Authorities in the conduct of elections.

 

(3)     Those members' who do not abide by the decisions of the Executive Committee/General Body or who do not pay the water cess/ taxes or who do not make contributions towards the activities of the Association, shall be subjected to the following course of action; namely:

(a)      The Executive Committee may take decision not to supply water or provide benefits to such person;

 

(b)      The Executive Committee may order recovery of damages and cause reimbursement of the loss to the assets or income of the Farmers' Organisation; and

 

(c)      This is without prejudice to any penalty that may be imposed under any Act in force.

(4)     In case of failure on the part of Executive Committee to discharge any of its functions, it shall be lawful for the Competent Authority to perform those functions as per law.

Rule - 37. Election Procedure for Farmers' Organisation.

(1)     The superintendence, direction, control and conduct of election of members of Chak Committee, the Executive Committee and President/Secretary/Treasurer of the Farmers' Organization under the Act in respect of vacancies including casual vacancies shall vest in the Election Authority of the concerned project.

(2)     The Superintending Engineer of the concerned irrigation project, in case of major, medium and minor irrigation projects and the Executive Engineer in case of Lift Irrigation Project or any other officer authorized by the Government, shall be the Election Authority.

 

(3)     The Election Authority may appoint an officer to be the Election Officer, who shall be a Gazetted Officer of the State Government for conducting election within the appointed jurisdiction.

 

(4)     The Election Authority may also appoint one or more officers of the State Government as Assistant Election Officers, to assist the Election Officer.

 

(5)     Every Assistant Election Officer shall, subject to the control of Election Officer, be competent to perform any of the functions of the Election Officer.

 

(6)     It shall be the general duty of the Election Officer/Assistant Election Officer at any election to carry out such functions as may be necessary for conducting the election in the manner provided under the Act and the Rules made thereunder.

 

(7)     Election Authority or any other officer authorized by him shall appoint as many Polling Officers as he thinks necessary to assist him in the election process provided that such Polling Officers are Government servants.

Rule - 38. General procedure for election.

(1)     No person shall be eligible to be either the proposer or the seconder of the candidate, unless his name finds place in the electoral role published by the Election Authority.

 

(2)     The Election Authority by notification published shall cause to be published the date for election for an ordinary election or an election to fill up the vacancy caused due to death, resignation or recall provided that, the notice for the election shall be published in the area of the Farmers' Organisation prior to the election; Provided further that the date of election notified by the Election Authority shall not be altered or deferred save with the prior sanction of the Government:

Provided also that, the Government shall be competent to draw up and notify the programme of election.

(3)     The Election Officer, to hold the election by the method of secret ballot, shall provide at least one ballot box after satisfying himself that such box is so made that the ballot papers can be inserted through an opening without affecting the secrecy of the voting. The ballot box shall be placed in the polling station in full view of the Election Officer.

(4)     The symbol to be used in the election shall be notified by the Government from time to time which shall not include any symbol allotted to the political parties by the Election Commission of India.

date of election :

(5)     A vote shall be liable for rejection on either one or more of the following grounds:

(a)      If the ballot paper bears the signature of the voter.

 

(b)      If the arrow cross mark is placed on more than one candidate's symbol for one office/post.

 

(c)      If the arrow cross mark is so placed as to make it doubtful for which candidate the vote has been cast.

 

(d)      If the ballot paper does not bear the authentication mark of the Election Officer.

 

(e)      If no arrow cross mark is made against any candidate/symbol.

(6)     (a) If at any time and in any case the proceedings of the election are interrupted or obstructed for any reason whatsoever and the Election Officer is satisfied that true and fair conduct of election is affected thereby, he/she shall direct postponement of election and shall forthwith inform the Election Authority.

(b) The Election Authority on receipt of such information and after making such inquiry, as he may deem fit declare, for reasons to be recorded in writing, the proceedings of the election as void and direct for conducting fresh election. The decision of the Election Authority in this regard, shall be final.

(7)     After the election process is over in respect of a particular Farmers' Organization, the Election Officer shall deposit all the election papers/materials including used and unused ballot papers, ballot box, proceedings of election, result sheet etc. to the Election Authority within 24 hours of the closure of election process.

Rule - 39. Election of the members of the Chak Committee.

(1)     The Election Authority shall publish, on the date of issue of notice for election, the electoral roll of the Chak in three parts i.e., upper reach, middle reach and lower reach consisting of all the land holders who have become members of the Pani Panchayat

[2][* * *].

(2)     The Election Authority or his nominee shall publish/cause to be published by giving 15 days notice for election of the members of the Chak Committee and the members to be elected to the Executive Committee of the Pani Panchayat. The notice for the election shall be published in the notice board of the Pani Panchayat and in a conspicuous place of the Chak area. The Election Authority shall also announce the election schedule by beat of drum in the Pani Panchayat area.

(3)     Nomination can be presented to the Election Officer at the appointed date, time and place, specified in the notice, by the candidate:

Provided that, any landowner or his/her nominee who is otherwise not disqualified as per Section 14 of the Act and subject to the provisions of Sub.section (1) of Section 4 of the Act, can file nomination for becoming a member of the Chak Committee in respect of the reach in which his/ her lands are situated:

Provided further that, no election shall be held for a reach in case of one candidate:

(4)     In case of contest, the Election Officer, shall immediately after scrutinizing the nomination papers read out the names of the candidate whose nominations are found valid and prepare a list of validly candidates on a plain paper in Oriya.

(5)     A validly nominated candidate contesting for the member of the Chak Committee may withdraw his/her candidature by presenting a written application in plain paper to the Election Officer on the spot before the appointed hour. After withdrawal of the candidature, the Election Officer shall prepare a final list of candidates on the spot election :

(6)     The names of the valid candidates, after withdrawal shall be legibly written on the ballot paper in Oriya in the following format:

(7)     Every member present and wishing to vote shall be supplied with a ballot paper duly authenticated by the Election Officer. The voters shall proceed one after another to the place set apart for the voting and put a rubber stamp bearing arrow cross mark on the symbol of the candidate for whom he or she wishes to vote and then fold and insert the ballot paper in the ballot box placed in full view of the Election Officer.

(8)     The polling may lake place during such hour as may be fixed by the Election Officer.

(9)     After voting.is over after the appointed hour, the Election Officer shall take steps to count the votes on the spot in presence of the available voters. After the counting is over, the Election Officer shall record the number of votes secured by each candidate in a plain paper. The Election Officer shall then declare the name of the winning candidate who obtains the highest number of valid votes. After election of the three members of the Chak Committee from the three reaches, the Election Officer shall follow the above procedure to directly elect, one of the three elected members to be a member of the Executive Committee of Pani Panchayat either on the same day or on the following day.

(10)   In case of Lift Irrigation Points, the Executive Engineer of Orissa Lift Irrigation Corporation, who is the Election Authority, shall follow the above procedure to elect at least 10 per cent of the members of the General Body subject to minimum of four and maximum of ten members to become members of the Executive Committee of Pani Panchayat of the said point.

Note. In the event of equality of votes between two or more candidates, the Election Officer shall draw a lot in presence of the candidates. The candidate whose name is first drawn, shall be declared as duly elected.

Rule - 40. Election of President Secretary and treasurer of the Pani Panchayat

(1)     The Executive Committee of the Pani Panchayat shall be formed by all the elected executive members from Chak Committees at the rate of one from each Chak situated within the Pani Panchayat are'a.

 

(2)     The election of the President, the Secretary and the Treasurer of the Pani Panchayat shall be held in the office of the* Pani.Panchayat or at such other public place as the Election Authority may determine in the notification under sub.rule (2) of Rule 38.

 

(3)     The Election Officer within three days of publication of result of election of Executive Committee members of the Pani Panchayat shall issue a notice in pfain paper to all the members of the Executive Committee of the Pani Panchayat giving clear seven days time to hold the election of the President, the Secretary and the Treasurer of the Pani Panchayat at the appointed place. The notice of the election shall be served on all the members of the Executive Committee of the Pani Panchayat personally by obtaining acknowledgement of the member or any adult member of his family.

Note. The notice shall also be published in the office of the Pani Panchayat. The Executive Committee of the Pani Panchayat shall hold its first meeting under the chairmanship of the Election Officer.

(4)     (a) Nomination of every candidate shall be made in plain paper. Every nomination paper shall be signed by two members of Executive Committee as proposer and seconder and the candidate shall also sign expressing his willingness to contest the election to the office of the President/the Secretary/ the Treasurer, as the case may be:

Provided that the same person cannot be proposer or seconder for more than one candidate for any of the offices.

(b) There shall be separate nomination papers for the post of the President, the Secretary and the Treasurer.

(c) The candidates shall present nomination papers to the Election Officer on the spot.

(5)     The Election Officer, after receiving the nomination papers during the appointed hour, shall scrutinize them, make a list and read out the names of the candidates whose nominations are found valid.

(a)      A validly nominated candidate may withdraw his/her candidature by presenting a written application in plain paper to trie Election Officer on the spot. Alter withdrawal of the candidature, the Election Officer shall publish and read out the final list of the candidates for the election.

(b)      If there are two or more candidates for any of the offices election shall be held by secret ballot and vote of the members present at the meeting shall be taken subject to (sic)

(6)     The names' of the tinally published valid candidates shall be legibly written on the ballot paper in Oriya in the following format:

(7)     Every member present and wishing to vote shall be supplied with a ballot paper duly authenticated by the Election Officer.

(a)      The members shall proceed one after another to the place set apart for the voting and secretly place the rubber stamp bearing arrow cross mark on the symbol of the candidates(s), for whom he or she wishes to vote and then fold and insert the ballot paper in the ballot box placed in full view of the Election Officer.

(b)      Immediately after the voting is over, the Election Officer shall count the votes in presence of the members present and record the number of votes secured by each candidate in a plain paper.

(c)      The candidate securing the highest number of valid votes shall be declared by the Election Officer to have been elected to the post of the President/the Secretary/the Treasurer, as the case may be, on the same day.

(d)      In the event of equality of votes between two or more candidates, the Election Officer shall draw a lot in presence of the candidates. Candidate whose name is first drawn shall be, declared as duly elected.

(8)     The Election Officer shall prepare a record of the proceedings of the meeting, sign it and attest with his initial every correction made therein and permit the members present at the meeting to affix their signature to the said record.

(9)     The Election Officer shall also notify the names of the winning candidate on the notice board of the Pani Panchayat and forward a copy of the same to the Election Authority.

Rule - 41. Election of the Executive Committee, the President, the Secretary and the Treasurer of the Distributary Committee

(1)     The General Body of the Distributary Committee shall be formed by all the Presidents, the Secretaries and the Treasurers of the Pani Panchayats situated within the distributary area.

 

(2)     The Executive Committee of the Distributary Committee shall be formed with nine members who shall be elected from among the members of the General Body.

 

(3)     The election of the Executive Committee, the President, the Secretary and the Treasurer of the Distributary Committee shall be held in the office of the Distributary Committee or at such other public place as the Election Authority may determine in the notification under Sub.rule (2) of Bute 38.

 

(4)     The Election Officer within three days of the publication of results of election to all the Pani Panchayats situated within the Distributary area, shall issue a notice in plain paper giving clear seven days time to all the members of the General Body of the Distributary Committee to hold election to elect nine members from among themselves to be the members of the Executive Committee, and the President, the Secretary and the Treasurer of the Distributary Committee.

 

(5)     The General Body of the Distributary Committee shall hold it's first meeting under the Chairmanship of the Election Officer.

 

(6)     (a) Nomination paper of the candidate for the Executive Committee shall be signed by him expressing his willingness to contest the election which shall also be signed by at least two members of the General Body and shall be presented to the Election Officer on the date, time and place specified in the notice.

(b) The Election Officer shall scrutinize the nomination papers, make a list and read out the names of the candidates whose nominations are found valid.

(c) A validity nominated candidate may withdraw his/her candidature by presenting a written application in plain paper to the Election Officer on the spot. After withdrawal of the candidature, the Election Officer shall publish the final list of candidates for the election.

(d) There shall be no election if, after withdrawal of candidature the number of contesting candidates remains at 9 (nine) or less. No election shall take place unless more than 50 per cent of the members of the General Body are present to cast their votes.

(7)     The names of the valid candidates shall be legibly written on the ballot paper in Oriya in the following format:

(8)     (a) Every member present shall be supplied with a ballot paper duly authenticated by the Election Officer, who shall proceed one after another to the place set apart for the voting and secretly place the rubber stamp bearing arrow cross mark against the candidate's/symbols for whom he/she wishes to vote and then fold and deposit the ballot paper in the ballot box placed in the full view of the Election Officer.

(b) immediately after the voting is over, the Election Officer shall count the votes in presence of the members and record the numtaer of vote secured by sach candidate in a plain paper.

(c) The Election Officer shall then declare the first nine candidates who have secured highest number of votes in the descending order and declare them to be elected to the Executive Committee of the Distributary Committee.

(d) In the event of equality of votes between two or more candidates for the ninth place, the Election Officer shall draw a lot in presence of the candidates. The candidate whose name is first drawn, shall be declared as duly elected.

(9)     The Election Officer, immediately after election of the members of the Executive Committee, shall take steps for election of the President, the Secretary and the Treasurer from among the members of the Executive Committee.

(10)   The nomination of every candidate shall be made in plain paper. Every nomination paper shall be signed by two members of the Executive Committee as proposer and seconder and the candidate shall also sign expressing his willingness to contest the election to the office of the President/Secretary/ Treasurer, as the case may be.

(11)   There shall be separate nomination papers for the post of the President, the Secretary and the Treasurer. The candidate shall present the nomination paper to the Election Officer.

(12)   The Election Officer, after receiving the nomination papers during the appointed hour, shall scrutinize them, make a list and read out the names of the candidates whose nominations are found valid.

(13)   A validly nominated candidate may withdraw his candidature by presenting a written application in plain paper to the Election Officer on the spot.

(14)   After withdrawal of the candidature, the Election Officer shall publish, read out the final list of candidates for the election.

(15)   If there are two or more candidates for any of the offices; the election shall be held by secret ballot and vote of the members present at the meeting shall be taken subject to the condition that no election shall take place unless more than 50 per cent of the members of the Executive Committee are present to cast their votes.

(16)   The names of the finally published valid candidates for the office of the President, Secretary and the Treasurer shall be legibly written on the ballot paper in Oriya in the following format:

(17)   Every member of the Executive Committee present shall, be supplied with a ballot paper duly authenticated by the Election Officer, who shall proceed one after another to the place set apart for voting and secretly place the rubber stamp bearing the arrow cross mark against names of the candidates/symbols for whom he/she wishes to vote for the office of the President, Secretary and the Treasurer and then fold and deposit the ballot paper in the ballot box placed in full view of the Election Officer.

(18)   Immediately after the voting is over, the Election Officer shall count the votes in presence of the members of the Executive Committee present and record the number of votes secured by each candidate in a plain paper.

(19)   After completion of counting the Election Officer shall declare the names of winning candidates to the offices of the President, the Secretary and the Treasurer who have secured highest number of votes.

(20)   In the event of equality of votes between two or more candidates, the Election Officer shall draw a lot in presence of the candidates. The candidate whose name is first drawn shall be declared as duly elected.

(21)   The Election Officer shall prepare a record of the proceedings of the meeting sign it and attest with his initial every correction made therein and permit the members present at the meeting to affix their signature to such record.

(22)   The Election Officer shall also notify the names of the winning candidates on the notice board of the Distributary Committee and forward a copy of the same to the Election Authority.

Rule - 42. Election of the Executive Committee, the President, the Secretary and the Treasurer of the Project Committee

(1)     The General Body of the Project Committee shall be formed by all the Presidents, the Secretaries and the Treasurers of the Distributary Committees situated within the Project area.

 

(2)     The Executive Committee of the project Committee shall be formed with nine members who shall be elected from among the members of the General Body.

 

(3)     The election to the Executive Committee, the President, the Secretary and the Treasurer of the Project Committee shall be held in the office of the

 

(4)     Project Committee or at such other public place as the Election Authority may determine in the notification under Sub.rule (2) of Rule 38.

 

(5)     The Election Officer within three days of the publication of results of election to all the Distributary Committees situated within the Project area shall issue a notice in plain paper giving clear seven days time to all the members of the General Body of the Project Committee, to hold election to elect nine members from among themselves to be the members of the Executive Committee, and the President, the Secretary and the Treasurer of the Project Committee.

 

(6)     The General Body of the Project Committee so called, shall hold its first meeting under the Chairmanship of the Election Officer.

 

(7)     Nomination paper of the' candidate for the Executive Committee shall be signed by him expressing his willingness to contest the election which shall be signed by at least two members of the General Body and shall be presented to the Election Officer on the date, time and place specified in the notice.

 

(8)     The Election Officer shall scrutinize the nomination papers, make a list and read out the names of the candidates whose nominations are found valid.

 

(9)     A validly nominated candidate may withdraw his/her candidature by presenting a written application in plain paper to the Election Officer on the spot. After withdrawal of the candidature, the Election Officer shall publish the final list of candidates for the election.

 

(10)   There shall be no election if, after withdrawal of candidature, the number of contesting candidates remains at 9 (nine) or less. No election shall take place unless more than 50 per cent of the members of the General Body are present to cast their votes.

 

(11)   The names of the valid candidates shall be legibly written on the ballot paper in Oriya in the following format:

(12)   Every member present shall be supplied with a ballot paper duly authenticated by the Election Officer, who shall proceed one after another to the place set apart for the voting and secretly place the rubber stamp bearing arrow cross mark against the candidates/symbols for whom he/she wishes to vote and then fold and deposit the ballot paper in the ballot box placed in the full view of the Election Officer.

(13)   Immediately after the voting is over, the Election Officer shall count the votes in presence of the members and record the number of votes secured by each candidate in a plain paper.

(14)   The Election Officer shall then declare the first nine candidates who have secured highest number of votes in the desending order and declare them to be elected to the Executive Committee of the Project Committee.

(15)   In the event of equality of votes between two or more candidates .for the ninth place, the Election Officer shall draw a lot in presence of (he candidates. The candidate whose name is first drawn shall be declared as duly elected.

(16)   The Election Officer, immediately after election of the members of the Executive Committee, shall take steps for election of the President, Secretary and Treasurer from among the members of the Executive Committee.

(17)   The nomination of every candidate shall be made in plain paper. Every nomination paper shall be signed by two members of the Executive Committee as proposer and seconder and the candidate shall also sign expressing his willingness to contest the election to the office of the President/Secretary/ Treasurer, as the case may be.

(18)   There shall be separate nomination papers for the post of the President, Secretary and Treasurer. The candidate shall present the nomination paper to the Election Officer.

(19)   The Election Officer, after receiving the nomination papers during the appointed hour, shall scrutinize them, make a list and read out the names of the candidates whose nominations are found valid.

 

(20)   A validly nominated candidate may withdraw his candidature by presenting a written application in plain paper to the Election Officer on the spot.

 

(21)   After withdrawal of the candidature, the Election Officer shall publish, read out the final list of candidates for the election.

 

(22)   If there are two or more candidates for any of the offices, the election shall be held by secret ballot and vote of the members present at the meeting shall be taken subject to the condition that no election shall take place unless more than 50 per cent of the members of the Executive Committee are present to cast their votes.

 

(23)   The names of the finally published valid candidates for the office of the President, Secretary and Treasurer shall be legibly written on the ballot paper in Oriya in the following format:

(24)   Every member present, shall be supplied with a ballot paper authenticated by the Election Officer, who shall proceed one after another to the place set apart for voting and secretly place the rubber stamp bearing the arrow cross mark against name of the candidate/symbols for whom he/she wishes to vote for the office of the President, Secretary and Treasurer and then fold and deposit the ballot paper in the ballot box placed in full view of the Election Officer.

(25)   Immediately after the voting is over, the Election Officer shall count the votes in presence of the members of the Executive Committee present and record the number of votes secured by each candidate in a plain paper.

 

(26)   After completion of counting the Election Officer shall declare the names of winning candidates to the offices of the President, Secretary and Treasurer who have secured the highest number of votes for each office.

 

(27)   In the event of equality of votes between two or more candidates, the Election Officer shall draw a lot in presence of the candidates. The candidate whose name is first drawn shall be declared as duly elected.

 

(28)   The Election Officer shall prepare a record of the proceedings of the meeting, sign it and attest with his initial every correction made therein and permit the members present at the meeting to affix their signature to such record.

 

(29)   The Election Officer shall also notify the names of the winning candidates on the notice board of the Project Committee and forward a copy of the same to the Election Authority the Executive Committee present shall be supplied with a copy of the same.

ANNEXURE.1

ORISSA GAZETTE (EXTRAORDINARY)

GOVERNMENT OF ORISSA DEPARTMENT OF WATER RESOURCES RESOLUTION

The 4th December, 1999

Subject. Empowering Water User Association with legal rights for management of M.I. Schemes rehabilitated, under European Community Assistance (Financing Agreement No. ALA 94/21).

In pursuance of the condition of Page 13, Annex. A of the Financing Agreement signed between European Community and Republic of India on the 11th July 1995 at Brussels, the Government of Orissa have been pleased to recognize the Water User Associations as an independent legal entity to manage the stored water and the distribution system.

The Water User Associations shall be the legally constituted bodies of the water user, farmers council, water management committees etc. for the purpose of management and distribution of water in the canals and water courses below the outlets delegated with functions as decided by the Government of Orissa.

The minor irrigation schemes to be rehabilitated under the European Community assistance shall serve as models to prove the viability of user run management for other schemes in the Minor Irrigation Sector not covered under this agreement.

The Provisions made herein can be extended to other M.I. Schemes, to be rehabilitated under European Community Assistance. For the other M.I. Schemes not covered under European Community Assistance, the same provisions can also be extended.

While the Government of Orissa shall be legally and financially responsible for the safety, security of the project, dams, reservoirs and diversion wears, as the case may be, and maintain them In a timely and efficient manner, the Water User Associations of the rehabilitated schemes in Minor irrigation will manage the stored water and will be responsible for equitable distribution.

Full maintenance grant as provided to Minor Irrigation by the Government of Orissa for these schemes, shall be deposited annually into the Water User Association's bank account.

The Government of Orissa will not collect any water tax from the farmers of the schemes to be rehabilitated under the Financing Agreement.

The Government of Orissa through the Department of Water Resources and other like department shall provide necessary technical support and advice to the Water User Associations

The ownership of all acquired lands, constructed structures and the entire system shall remain with the Government of Orissa. The ownership of the field channels for which the farmers will spare their land and which are to be constructed out of European Community funds and Water User Association contribution, will remain with the Water User Association.

To meet any eventuality arising out of natural calamity; the U.As. should arrange an emergency fund by allocating a portion of water charges collected from the farmers.

The functions delegated by the Government of Orissa after turnover to the legally constituted Water User Associations are as follows.

(1)     The Water User Associations of the European Community rehabilitated Minor Irrigation Schemes shall determine the water rate and collect water charges from their members.

(2)     The Water User Associations shall manage the scheme, at their own cost, including the operation of the head works, distribution and drainage channels and structures, etc. and shall also be responsible for proper maintenance of the whole system except the dams, reservoirs and diversion weirs (including the head works) as the case may be.

(3)     The Water User Association can initiate the emergency repair of the head works when this is warranted.

(4)     The Water User Association, with the permission from the Government of Orissa may take up the work of treatment of the catchment area by construction of check dams or afforestation to reduce siltation in the reservoir.

The resolution will be applicable to the identified schemes excluded from the operation of the Irrigation Act as notified in the Revenue and Excise Department Notification No. 30527, dated the 2nd June 1999

Order.Ordered that the Resolution be published in an Extraordinary issue of the Orissa Gazette for general Information.

Ordered also that the copies for the resolution be forwarded to.

The First.Counselor, Delegation of the European Commission in India, New Delhi The Desk Officer (E.E.G.)

Ministry of Water Resources, New Delhi

The Under.Secretary, Department of Economic Affairs, New Delhi

All the members of the Steering Committee (Through the P.s./ P.A./ Department/Office)

Accountant.General (A and E), Orissa

Accountant.General (Audit), Orissa

Senior Deputy Accountant.General (Works), Puri

RS. to Chief Minister

RS. to Minister of Water Resources

Project Director, Project Management Unit, Bhubaneswar

All the Department of Government of Orissa

All the Heads of Departments

All the District Collectors

Director, Printing, Stationery and Publication, Orissa, Cuttack

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ORISSA PANI PANCHAYAT RULES, 2003

[1][ORISSA PANI PANCHAYAT RULES, 2003]

[23rd April 2003]

PREAMBLE

In exercise of the powers conferred by Section 43 of the Orissa Pani Panchayat Act, 2002, (Orissa Act 10 of 2002), the State Government do hereby make the following rules, namely:

Rule - 1. Short Title.

(1)     These rules may be called the Orissa Pani Panchayat Rules, 2003.

(2)     They shall come into force on the date of their publication in the Orissa Gazette.

Rule - 2. Definitions.

(1)     In these rules, unless the context otherwise requires:

 

(a)      "Act" means, the Orissa Pani Panchayat Act, 2002;

 

(b)      "Annexure" means, Annexure annexed to these rules;

 

(c)      "Executive Engineer" means the Executive Engineer under whose jurisdiction, the Irrigation system is situated and includes any officer specially notified by Government to perform all or any of the functions of the Executive Engineer under the Act;

 

(d)      "Form" means, a Form appended to these rules;

 

(e)      "President" means, the President of the Farmers' Organisation;

 

(f)       "Secretary" means, the Secretary of the Farmers' Organisation;

 

(g)      "Superintending Engineer" means, the Superintending Engineer, under whose jurisdiction, the Irrigation System is situated and includes any officer specially notified by Government to perform all or any of the functions of the Superintending Engineer under the Act; and

 

(h)     "Treasurer" means, the Treasurer of the Farmers' Organisation.

(2)     All other words and expressions used in these rules and not Defined shall have the same meaning as respectively assigned to them in the Act.

Rule - 3. Delineation of Pani Panchayat area.

(1)     The Superintending Engineer of a Major/Medium/Minor Irrigation Project shall delineate every Pani Panchayat area by issuing a notification to that effect, observing the following stipulations, namely:

(a)      The Pani Panchayat area shall ordinarily cover an ayacut area between 300 to 600 hectares for a Major/Medium Irrigation Project.

 

(b)      In respect of a Minor Irrigation Flow Project, the Pani Panchayat area may be less than 300 hectares as per the ground conditions, but shall not be less than 40 hectares.

 

(c)      Every Pani Panchayat area shall be a contiguous patch of land having a distinct hydraulic boundary.

 

(d)      The Pani Panchayat area shall avoid critical patches such as hills, rocks, sand dunes etc.

(2)     In respect of Lift Irrigation Projects, the entire commanded area of the project may, as far as possible, form the area of a single Pani Panchayat, which shall be notified by the concerned Executive Engineer of Orissa Lift Irrigation Corporation, observing the above stipulations as per Sub.rule (1) above.

Rule - 4. Objects of the Farmers' Organisation.

Objects of the Farmers' Organisation shall be,.

(i)       to function in a democratic manner through consensus respecting the rights and duties of all members;

 

(ii)      to make their organisation a viable, vibrant and functioning entity;

 

(iii)     to specially emphasize in making available water to tail end areas;

 

(iv)    to ensure collection of dues, make prudent investment of their resources;

 

(v)      to utilise their assets in a manner that is essential, productive, beneficial arid sustainable;

 

(vi)    to work in close coordination with Government departments and its agencies;

 

(vii)   to maintain the distribution system for sustainable water resources management and development;

 

(viii)  to ensure dissemination of the information;

 

(ix)    to build up a reliable database;

 

(x)      to adopt effective soil and water conservation techniques with the guidance of departmental agencies in the areas of high water requirement like cropped areas;

 

(xi)    to follow sustainable and effective land use system;

 

(xii)   to implement agro.forest ecosystem wherever soil erosion is a serious threat;

 

(xiii)  to adopt integrated watershed management system and integrated balanced nutrient management system;

 

(xiv)  to ensure that hydraulic structures are preserved and protected, with out any modification unless otherwise approved by an authority vested with such powers;

 

(xv)   to work towards maintaining and sustaining an ecology balance and prevent degradation of the environment particularly soils and quality of water;

 

(xvi)  to strive towards becoming sustainable institution through a process of capacity building, skill, up gradation and recovery of costs, wherever necessary; and

 

(xvii) to devise suitable cropping programme every season in order to optimise productivity and production consistent with the availability of water supply.

Rule - 5. Delineation of distributary areas.

(1)     The Chief Engineer of Major Irrigation project may delineate the entire commanded area of the project into such number of distributary areas, as the total number of distributaries in the project.

 

(2)     That total ayacut area irrigated by a particular distributary, shall be declared to be the distributary area of such distributary, which shall be duly notified by the Chief Engineer of the Project.

 

(3)     The areas of the different distributaries of the project shall be distinct and shall not overlap one another.

 

(4)     All the Pani Panchayats situated within a particular distributary area shall form part of the distributary area.

Rule - 6. Delineation of project area.

(1)     The Government may issue a notification declaring the project area of a major irrigation project, which shall consist of all the distributary areas of the project.

 

(2)     The Chief Engineer in.charge of the Minor or Medium Irrigation Project may notify the entire commanded area of the Minor or Medium Irrigation Project to be the project area of the Minor or Medium Irrigation Project.

Rule - 7. Rights and responsibilities of the Farmer's Organisation.

(1)     The rights of the Farmers' Organisation shall be,.

(i)       to obtain information in time about wafer availability, opening/ closing of main canal, periods of supply and quantity of supply, closure of canals etc;

 

(ii)      to receive water in bulk from the Irrigation Projects for distribution among the water users on agreed terms of equity and social justice;

 

(iii)     to receive water according to an approved time schedule;

 

(iv)    to allocate water to non.members;

 

(v)      to levy separate fees for maintenance of the system;

 

(vi)    to levy any other fee or service charges, to meet management costs and any other expenses;

 

(vii)   to utilise the canal bunds as long as such use is not obstructive, or destructive to hydraulic structures by planting timber fuel, or fruit bearing trees or grass for augmenting the income of the Farmers' Organisation;

 

(viii)  to obtain the latest information about new crop varieties, and their pattern, package of practices, weed control etc., for agriculture extension service and purchase inputs such as seeds, fertilizers and pesticides; for use of its members;

 

(ix)    to have full freedom to grow any crop other than those expressly prohibited by a law and adjust crop areas within the total water allocated area without causing injury to neighbouring lands'

 

(x)      to participate in planning, and designing of micro.system;

 

(xi)    to suggest improvements/modifications in the layout of field channels/ field drains to supply water to all the farmers in the command; area and

 

(xii)   to plan and promote use of the ground water.

(2)     The responsibility of Farmers' Organisation shall be,.

(i)       to enter into an agreement with the Irrigation Officer as per Form .'A', for achieving the objects and functions of the Farmer's Organisation as provided under Section 16 of the Act;

 

(ii)      to prepare the schedules of water deliveries and communicate to concerned officials;

 

(iii)     to organise preparation of crop plan to arch water deliveries with crop requirements;

 

(iv)    to supply water to all members in the commanded area as per the approved terms;

 

(v)      to carry out timely maintenance and repairs to the distributary system including drains and other properties;

 

(vi)    to organise repairs of the system by the farmers free of cost, or on payment;

 

(vii)   to avoid and prevent misuse and wastage of water;'

 

(viii)  to use water economically and furnish data if required to the Water Resources Department on water use, irrigated area, irrigation efficiency and crop yields;

 

(ix)    to maintain a register of landholders;

 

(x)      to prepare and maintain an inventory of the irrigation system within the area of operation;

 

(xi)    to resolve the disputes, if any, between the members and water users in its area of operation;

 

(xii)   to raise resources;

 

(xiii)  to maintain accounts;

 

(xiv)  to cause annual audit of its accounts;

 

(xv)   to assist in the conduct of elections to the Executive Committee;

 

(xvi)  to maintain records as per Rule 30;

 

(xvii) to conduct General Body meeting, as per Rule 10; (xviii) to conduct periodical social audit, as per Rule 26;

 

(xviii)   to inspect water utilisation by the farmers in the command areas, irrigated crop areas and collect data on crop yields,

 

(xix)  to impose and recover penalties or fines for misuse and wastage of water and tampering or damaging with the irrigation network controls, sluices, outlets etc., as per the provisions of the Act;

 

(xx)   to educate farmers on preparing fields and adopting modern 'methods of field irrigation, such as borders, furrows, graded bunding for all round efficiency;

 

(xxi)  to educate farmers on new crop varieties, practices of using pesticides and weedicides;

 

(xxii) to procure hired implements and gadgets for agricultural operation, where feasible and needed;

 

(xxiii)   to improve the system for efficient and economical use of available/ allocated water, for efficient production of crops;

 

(xxiv)   to assist in collection of water rate;

 

(xxv)to collect water.rate from the users in case of European communities aided minor irrigation projects as per Water Resources Department Resolution No. 48049 dt. 4.12.1999 at Annexure.1.

 

(xxvi)   to pay for the energy charges and maintain the Lift Irrigation point and to utilise the proceeds for maintenance of the distribution system by entering into an agreement as per Form B.

Rule - 8. Rights and responsibilities of the member users .

(1)     The rights of the member users shall be

(i)       to suggest improvements/modifications in water deliveries;

 

(ii)      to get information relating to water availabilities, allocation, opening closing of canals and outlets, period of supply and its frequency;

 

(iii)     to receive water as per specified quota for use;

 

(iv)    to have the freedom of growing any crop, other than those prohibited by law, adjusting the crop within the water allocated and the overall cropping plan of the commanded area;

 

(v)      to participate in the General Body meeting and receive annual reports; and

 

(vi)    to receive equitable benefits from the activities of the organisation.

(2)     The responsibilities of the member users shall be, .

(i)       to maintain the micro.level system particularly, the turn outs, field channels, structures, and field drains;

 

(ii)      to beaware of the rules of operation of water supply framed by the Farmer's Organisation for each season;

 

(iii)     to adhere to the water delivery schedules;

 

(iv)    not to tamper with the system by breaching, cross bunding, damaging the structure in the minor or field channel;

 

(v)      to close the turnout fully after the allotted turn or time is over;

 

(vi)    to conserve water and make proper use of the irrigation supply;

 

(vii)   to divert water it not required during the turn or time allotted, so as not to damage other farmer's field;

 

(viii)  to follow proper irrigation methods like borders, furrows, check basins etc;

 

(ix)    to get the lands levelled/shaped for efficient utilisation of land and water and to prevent deep percolations leading to water logging and salinity in the downstream area;

 

(x)      to pay the irrigation fees., water.rate and service charges regularly and in time;

 

(xi)    to avoid misuse/wastage of water, taking water out of turn, taking more time than allotted;

 

(xii)   to avoid trampling of field channels/field drains, by crossing at unauthorized points by men and cattle;

 

(xiii)  to maintain field channels/field drains in the reaches specified by the Pani Panchayat or contribute to labour/cost for maintenance, whenever required;

 

(xiv)  to permit the users for inspection of .

(a)      irrigation area;

 

(b)      measurement of irrigated area;

 

(c)      observation of water levels in dug wells/bores/tube wells;

 

(d)      crop.cutting experiments for assessing productivity/production;

(xv)   to abide by the decision of the Farmers' Organisation, and

(xvi)  to respect easementary rights and other customary practices in vogue in the system.

Rule - 9. General Body.

(1)     The General Body of a Farmers Organisation shall consist of the members:

(a)      in respect of a Pani Panchayat as specified under Sub.section (4) of Section 3 of the Act; and

 

(b)      in respect of Distributary Committee, as specified under Subsection (3) of Section 5 of the Act; and

 

(c)      in respect of a Project Committee, as specified under Sub.section (3) of Section 7 of the Act.

(2)     The General Body shall be assisted by the competent authority as notified under Section 21 of the Act. The competent authority shall have the right to attend the meeting and record his views, but shall have no right to vote.

Rule - 10. General Body Meeting.

(1)     The General Body shall meet at least twice a year, once before the Khariff and once before the Rabi season. The meetings shall be presided over by the President and in his absence by one of the members of the Executive Committee duly elected for this purpose.

 

(2)     The General Body may also be called for at any time by the President or by the Executive Committee members through a majority resolution or by members of the organisation through a requisition signed by not less than 1/3rd of the members with voting rights.

 

(3)     A General Body meeting shall also be held on receipt of a direction to do so from the Government or by the next higher tier of the Farmer's Organisation in respect of matters relating to urgent public importance.

Rule - 11. Notice for the General Body meeting

(1)     On receipt of a notice either under Sub.rule (2) or (3) of Rule 10, the Executive Committee of the Farmer's Organisation shall convene a General Body meeting within 20 days by giving 7 days prior notice of the date, time and place of the meeting and also the agenda.

(2)     Notice for the General Body meeting shall be sent at least 7 days in advance of the date of the meeting along with the agenda. Notice may be sent by hand/post/publication/beat of drum and display on the notice board of the organisation.

Rule - 12. Quorum for the General Body meeting

(1)     At all the meetings of the General Body, the quotum shall be 1/3d of the members and all resolutions shall be carried by a majority of the members present and voting.

 

(2)     If there is no quorum for the meetings, the meeting shall be adjourned and be convened again at a date and time not later than two days of the first meeting;

 

(3)     For the adjourned General Body meeting, no quorum is required and resolutions would be carried by a majority of the members present and voting; and

 

(4)     At a requisitioned General Body meeting, the items specified in the agenda alone will be discussed. No other subject will be discussed without the express permission of the President or the majority decision of the members present in the meeting.

Rule - 13. Minutes of the meeting

Every proceeding of the General Body shall be recorded in the minutes book maintained for the purpose and authenticated by the President or the person who has presided over the meeting, as the case may be. A copy of the minutes shall be sent to the authority at the next higher tier.

Rule - 14. Powers of General Body.The General Body shall have the following powers, namely:

(a)      to approve the Operational Plan for each crop.season and review its implementation in the area of operation;

 

(b)      to allocate water amongst various main canals distributaries/ minors/ outlets, according to the operational plan approved;

 

(c)      to decide on the manner of regulation and distribution of water;

 

(d)      to prepare annual and long.term financial and works plans and prioritise works for maintenance/repairs/upkeep, rehabilitation of the irrigation system;

 

(e)      to approve annual financial budget and review performance of the previous years budget;

 

(f)       to appoint auditors for the annual audit and/or concurrent audit and to fix fees for the same;

 

(g)      to set up sub.committee of Members for various activities and functions of the Organisation;

 

(h)     to create or/setup such fund as may be required for different activities/ works;

 

(i)       to entertain and dispose appeals against the orders of Executive Committee between water users;

 

(j)       to levy, collect fees and water tax as provided under Section 20 of the Act;

 

(k)      to take decisions on raising of resources as provided under Section 22 of the Act; to invest surplus funds in Banks or Government approved securities or as may be directed by Government from time to time for the benefit of the organisation;

 

(l)       to take decisions on collective marketing or agricultural produce, collective procurement of inputs, running of Agro Service Centers, providing credit facilities and taking up post harvest activities including processing of agricultural commodities.

 

(m)    to decide on permissible administrative expenses with the ceilings prescribed, from time to time; and

 

(n)     to carry out the recall proceedings as per Section 10 of the Act.

Rule - 15. Executive Committee.The composition and quorum.of the Executive Committee shall be,.

(a)      the Executive Committee in respect of a Farmers' organisation shall consist of the President and members elected to the Executive Committee from the Chaks in respect of a Pani Panchayat as provided under Sub.sections (1) and (2) of Section 4 of the Act; the President and members elected to the Executive Committee in respect of a Distributary Committee as provided under Subsections (1) and (2) of Section 6 of the Act; the President and members elected to the Executive Committee in respect of a Project Committee as provided under Sub.sections (1) and (2) of Section 8 of the Act;

 

(b)      the meetings of the Executive Committee shall be held at least once in every month in the office of the organisation. The meeting maybe held more frequently if it so requires. A meeting requisitioned, shall be held within 7 days of the receipt of requisition for such a meeting by the President;

 

(c)      notice for the meeting shall be sent by hand/post/delivery and published on the Notice Board.

 

(d)      all meetings shall be presided over by the President of the Executive Committee. In his absence, the committee may elect one member amongst themselves to preside over the meeting.

 

(e)      every proceeding of the Executive Committee shall be recorded in the minutes book maintained for the purpose by the person chairing the meeting, a copy of the minutes shall be sent to the authority of the next higher tier;

 

(f)       the quorum for the meeting shall be 1/3rd of the members. All resolutions shall be carried by a majority of the members present and voting; and

 

(g)      if there is no quorum for the meeting, the meeting shall be adjourned for one day and be convened again.

Note. For an adjourned meeting no quorum is required.

Rule - 16. Filling up vacancies of the Executive Committees .

(1)     If a vacancy occurs in the Executive Committee of a Pani Panchayat due to any reason, the Distributary Committee of the project under the jurisdiction of which the Pani Panchayat is situated, in a meeting of the General Body shall, nominate to the Executive Committee one of the remaining two members of the Chak Committee to which the members so expired/resigned belongs. 

 

(2)     In case of a Project not having Distributary Committee, the Executive Committee of the concerned Project Committee shall fill up such vacancy in the Executive Committee of the Pani Panchayat by nominating one of the remaining two members of the Chak Committee to which the member so expired/resigned, belongs.

 

(3)     The concerned Election Authority shall follow the procedure as prescribed in Rule 39 to fill up the vacancy in the Chak Committee, if any, and to directly elect one of the three members of the Chak Committee to be a member of the Executive Committee of the Pani Panchayat.

 

(4)     After such election of the member from the Chak Committee to the Executive Committee of the Pani Panchayat, the earlier nomination made by the Executive Committee of the Distributary Committee/Project committee shall automatically cease.

 

(5)     If a vacancy occurs in the Executive Committee of the Distributary Committee due to any reasons, the concerned Project Committee of the Major Irrigation Project, under the jurisdiction of which, the distributary area is situated, in a meeting of its General Body, shall nominate one of the members of the General Body of the Distributary Committee to which the member so expire/resigned belongs. The concerned Election Authority as per provisions of Rule.41 shall fill up the vacancy so caused by nomination in a regular manner, The nomination shall automatically cease on election of the Executive Committee member in a regular manner by the Election Authority.

 

(6)     If a vacancy occurs in the Executive Committee of the Project Committee due to any reason, Government in the Department of Water Resources shall nominate one of the members of the General Body of the Project Committee to become a member of the Executive Committee of the Committee.

 

(7)     The concerned Election Authority as per provisions of Rule 33, shall fill up the vacancy so caused by nomination in a regular manner The nomination shall automatically cease on election of the Executive Committee member in regular manner by the Election Authority.

Rule - 17. Powers and functions of the Executive Committee

The powers and the functions of the Executive Committee shall be;.

(a)      to prepare and implement operational plan for each session in its area of operations;

 

(b)      to prepare and implement khariff and rabi; plans for various crops to be grown;

 

(c)      to prepare budget and allocate resources for various activities;

 

(d)      to prepare and implement annual and long term plans for repairs, maintenance, rehabilitation for development of the irrigation and drainage systems and to accord administrative sanction, taking up works as per availability of resources on priority;

 

(e)      to prepare to or cause to be prepared annual accounts of income and expenditures, and assets and liabilities;

 

(f)       to ensure equitable distribution of water among various water users;

 

(g)      to evolve and implement systems of regulation control, monitoring and reporting of water use and land use;

 

(h)     to recommend appointment of auditors for annual audit or concurrent audit to General Body.

 

(i)       to organise execution of works;

 

(j)       to raise resources and determine its deployment for various activities/ functions of the organisation;

 

(k)      to recommend formation of Sub.committees to the General Body for undertaking various activities;

 

(l)       to settle disputes amongst members of the Farmers' Organisation;

 

(m)    to elect one of its members as Secretary and one as Treasurer to operate the funds of the organisation;

 

(n)     to provide developmental services to the members related to irrigation and agriculture;

 

(o)      to take up training programme for members;

 

(p)      to prepare annual list of all Water Users and Members with voting rights;

 

(q)      to assist the Revenue, Water Resources and Agriculture Departments in preparation and maintenance of basic records;

 

(r)      to maintain and operate a Reserve Fund;

 

(s)      to scrutinize the audit reports and rectify defects and report to the General Body;

 

(t)       to carry out and implement all decisions of the General Body; and

 

(u)     to establish a management information system and submit periodical report as may be specified by Government.

Rule - 18. Duties of the President.

The duties of the President shall be.

(a)      to conduct the affairs of the Farmer's Organisation in a democratic, free, fair and transparent manner;

 

(b)      to preside over the General Body meetings and Executive Committee meetings and conduct the meetings in a peaceful and democratic manner;

 

(c)      to sign and authenticate the minutes of the meetings and also other records of the Farmers Organisation as may be required;

 

(d)      to have only a casting vote in the event of equality of votes on any matter being decided upon by the General Body or by the Executive Committee, as the case may be;

 

(e)      to issue work orders on behalf of the Farmers Organisation;

 

(f)       to have powers to operate the accounts jointly with the Secretary;

 

(g)      to represent the case of the Farmers' Organisation in any dispute before Distributary Committee or Project Committee or the Government, as the case may be;

 

(h)     to be an authorised representative of the Farmer's Organisation at all other forums, meetings called by any authority; and

 

(i)       to submit annual reports to the General Body on the activities of the Farmers' Organisation.

Rule - 19. Duties of the Secretary.

The duties of the Secretary shall be.

(a)      to assist the President in all matters regarding functioning of the office of the Farmers' Organisation;

 

(b)      to convene all meetings of the Farmers' Organisation;

 

(c)      to record and maintain the minutes of the meetings;

 

(d)      to carry on all correspondences of the Farmers' Organisation.

 

(e)      to maintain and remain in.charge of such books and papers as may be directed by the Executive Committee;

 

(f)       to carry out the orders and resolution of the Executive Committee;

 

(g)      to be custodian of all records, properties of the Farmer's Organisations;

 

(h)     to render full and complete accounts of all transactions of the Farmers' Organisation;

 

(i)       to get the annual accounts audited by the authorised auditors,

 

(j)       to furnish an audited statement of all receipts and expenditures to the Executive Committee;

 

(k)      to execute all agreements and to sign all pleadings, warrants, power of attorney, vakalatnama, petitions, statements and to represent the Farmers' Organisation in all suits and matters instituted by or against the Farmers' Organisation; and

 

(l)       to attend the meetings of all sub.committees as a non.member and record the minutes in the minutes book to be approved by one of the members of the sub.committees,

Rule - 20. Duties of the Treasurer .The duties of the Treasurer shad be,.

(a)      to receive all subscriptions, fees, rates and charges, donations, grants and.money from different sources and issue receipts for the same; and

 

(b)      to receive, disburse and maintain daily accounts (Cash Book), Bill Register etc. and get the same authenticated by the Secretary.

Rule - 21. Procedure for recall.

(1)     A written notice in plain paper signed by not less than one third members of the General Body of the Pani Panchayat, the Distributary Committee or the Project Committee addressed to the Executive Engineer in case of Pani Panchayat, to the Superintending Engineer in case of Distributary Committee, to the Chief Engineer in case of the Project Committee and to the Executive Engineer of Orissa Lift Irrigation Corporation in case of Lift Irrigation point, may be filed for recall/removal of the President of the Farmers Organisation from his/her office:

Provided that no notice can be filed within one year from the date of assumption of office by the person against whom such motion is proposed to be moved.

(2)     The officer so moved, shall direct the Farmers' Organisation to convene the special General Body meeting by giving clear 15.days' notice to all the members of the Farmers' Organisation by personal service, which shall be presided over by him.

(3)     The quorum of the specially convened General Body meeting shall be 50%(fifty percent) of the total members of the General Body.

(4)     The motion shall be placed before the specially convened General Body meeting for discussion and voting. If the motion gets the support of two.third majority of the members present through secret ballot, the motion shall be declared to have been passed by the General Body specially convened.

(5)     The officer competent to declare a person elected shall, by order, remove the person from office against whom the motion is passed.

(6)     The resulting vacancy shall be filled up as a casual vacancy.

Rule - 22. Constitution and Functions of sub.committee

(1)     The General Body of a Farmers' Organisation may constitute the following sub.committees under Section 11 of the Act,.

(a)      Finance and Resource sub.committee;

(b)      Works sub.committee;

(c)      Water Management sub.committee;

(2)     The composition of the sub.committee shall be :.

(a)      the Convener of a sub.committee shall be the Secretary of the Executive Committee;

 

(b)      in the case of Pani Panchayat, the members not exceeding four shall be drawn from out of members of the Chak committees;

 

(c)      in the case of Distributary Committee, the members of the subcommittee, not exceeding four shall be selected from the Presidents of the Pani Panchayat;

 

(d)      in the case of a Project Committee, the members of the subcommittee, not exceeding four will be selected from Presidents of Distributary Committees in the Project;

 

(e)      no member shall represent more than one sub.committee.

(3)     (i) Functions of the Finance and Resource sub.committee shall be,.

(a)      to mobilise and collect resources;

 

(b)      to ensure collection of dues from members as levied under Section 20 of the Act;

 

(c)      to recommend to the Executive Committee for the use and deployment of resources;

 

(d)      to approve all expenditure once a month.

(ii) Functions of the Works sub.committee shall be :.

(a)      to recommend estimates of works for administrative approval; and

(b)      to supervise works and ensure quality control.

(iii) Functions of the Water Management sub.committee shall be:.

(a)      to prepare a draft cropping plan in consultation with the farmers and Agricultural Experts;

 

(b)      to carry out the decisions of the Executive Committee and of the General Body on water regulation, schedule of water release;

 

(c)      to organise patrolling of the canal, channels and regulate the use of water in accordance with the Operational Plan of the Farmers' Organisation;

 

(d)      to check the irrigation and drainage system regularly;

 

(e)      to record the water deliveries;

 

(f)       to amicably resolve disputes regarding water sharing and to report to the Executive Committee, any violations in the use of water; and

 

(g)      to maintain records of land owners and water users.

Rule - 23. Procedure for taking up works

The procedure for taking up the works by the Farmers' Organisation shall be,.

(a)      The Maintenance works which may include :.

Desilting

Weed removal

Repairs and painting to shutters.

Repairs to masonary and lining, and

Emergent breach closing works and maintenance of inspection path.

Note. The above works shall be executed by the Farmers' Organisation under the supervision of the Competent Authority of the Department of Water Resources.

(b)      Identification of normal operations and maintenance works.Participatory Walk Through.

Note. The President along with the Competent Authority shall, prior to commencement of every crop season, organise participatory walk through within the area of operation of the Farmers' Organisation and identify all the critical reaches, which need immediate repair as listed out above. The Competent Authority shall assist the Farmers' Organisation in preparation of detailed list of works to be undertaken.

(c)      Prioritizing works :

Note. The Executive Committee of the Farmers' Organisation shall discuss the list so prepared and fix up priority of works to be taken up immediately.

(d)      Preparation of Estimates:

Note. The Competent Authority shall prepare estimate and accord technical sanction for the works so prioritized according to the prevailing schedule of rates within a fortnight.

(e)      Administrative Approval:

Note. The Executive Committee of the Farmers' Organisation shall accord administrative approval for the estimates prepared subject to availability of funds. Each Administrative Approval shall be recorded in the Register of Administrative Approvals in Form.C.

(f)       Technical Sanction:

Note. The power of technical sanction by the Competent Authority shall be as per the prevailing Orissa Public Works Department (OPWD) Code.

(g)      Manner of taking up works:

Note.  (i) Works as approved by the Committee of the Farmers' Organisation shall be taken up for execution by the Farmers' Organisation itself or by an agency selected by the Committee.

(ii) The work order shall be issued by the President and the agreement shall be executed by the Secretary with the executing agency.

(iii) The detailed accounts including maintenance of muster roll of such of the works as may be executed by the Farmers Organisation itself shall be maintained by the Secretary. All purchases in respect of these works will be approved by the Executive Committee.

(iv) The Competent Authority shall record the pre.measurement and final measurements works of the Farmers' Organisation for quantifying the work done by the Farmers' Organisation directly or through an agency for making payments by the Farmers' Organisation.

(v) The Competent Authority shall prepare the bill in accordance with the measurements taken by him. The bills will be passed for payment by the President in respect of the works executed by the Agency.

(vi) In case of the work executed by the Farmers' Organisation itself, the Competent Authority shall prepare a material statement basing on the measurement recorded by him for approval of expenditure.

(h)     Limitation on works:

Note. No Farmer's Organisation shall have the power to interfere with the designed hydraulic particulars of an irrigation system.

(i)       Publication of List of works to be taken up :

Note.  (i) The list of works to be taken up along with the estimated amount and the names of the Executing Agency shall be given wide publicity by means of display in the office of the Farmers' Organisation and institutions within the area.

(ii) The members are free to contribute resources either in cash or by way of material or labour.

(j)       Payment for the works done:

Note. (1) All payments for works done above Rs. 1000.00 (one thousand) shall be paid by cheque. The Treasurer shall maintain a record of all payments made in the cash book date.wise. The cheque will be jointly signed by the President and the Secretary.

Rule - 24. Sinking Fund

(1)     The Farmers' Organisation, shall open a joint account in the names of its Secretary and Treasurer in a nationalised bank or a cooperative bank to operate the Sinking Fund.

 

(2)     The Executive Committee of the Farmers' Organisation in the meeting, shall decide to deposit a certain amount into the Sinking Fund every year, which shall be approved by the General Body. The Farmers' Organisation may augment the Sinking Fund by way of depositing the fund money in fixed deposit or in Kisan Vikas Patra.

 

(3)     The Farmer's Organisation may utilize the sinking fund for repayment of money borrowed and shall repay back such sum into the Sinking Fund within a period fixed for the purpose.

Rule - 25. Budget

The Farmers' Organisation shall prepare the budget in respect of next financial year in Form.L. The budget shall show the estimated receipts and expenditures of the Farmers' Organisation. The Executive Committee, after scrutinising the same, shall place it before General Body of the Farmers' Organisation for its approval.

Rule - 26. Social Audit of Farmers' Organisation

(1)     At the end of each cropping season there shall be a General Body meeting where the President along with all the Executive Committee members shall render accounts of the utilisation of funds, including the works executed, the estimates and the names of the executing agency etc.

 

(2)     At the same General Body meeting, the Executive Committee shall also place the utilisation of water against water budget.

Rule - 27. Operational plan and Water Budgeting .Water Budget for Farmers' Organisation:

(1)     The Executive Committee of the respective Farmers' Organisation shall, along with the assistance of the competent authority, prepare a water budget for the area of operation under its control as specified below:

(a)      One month before the onset of the kharif season, the Project Committee shall, subject to such directions as may be given by Government from time to time, work out the anticipated inflow and existing water availability in the reservoir and work out the water allocation to all the Distributary Committees. The Distributary Committees shall allocate the water made available to Pani Panchayat in its jurisdiction;

 

(b)      For the Rabi Season, the Project Committee will determine the area to be thrown open for irrigation, based upon the actual availability of water at the beginning of kharif season. The water so available, shall be allocated equitably among the Distributary Committees and Pani Panchayat adopting circular rotation;

 

(c)      Based on the availability of water, the Pani Panchayat will draw up a suitable crop plan in consultation with' the farmers and officials of Agriculture Department;

 

(d)      Each of the Farmers' Organisation, shall draw up an operational plan which shall specify the quantity of water to be drawn on a fortnightly basis;

 

(e)      The drawal of water shall be monitored each day at specified gauge points as decided by the Farmers' Organisation;

 

(f)       Review of the drawal and distribution shall be done by each of the Farmers' Organisation at the end of each fortnight and corrective measures taken; and

 

(g)      At the end of each season, the respective Farmers' Organisation shall prepare a report of water received and utilised along with the area irrigated, quantity of water supply and extent of crops produced.

Rule - 28. Water Regulation

After a water budget is prepared, the Farmers' Organisation shall draw up a plan of water regulation as follows:

(a)      The dates of release and closure shall be informed to all members well in advance;

 

(b)      Equitable distribution bf water amongst all users shall be the main principle in water regulation;

 

(c)      A Farmers' Organisation shall draw water and monitor flows based on the operational plan prepared;

 

(d)      A Warabandi Schedule shall be prepared for each outlet in a Farmers' Organisation;

 

(e)      A Farmers' Organisation may, for the purpose of monitoring, instal such devices as may be required within its jurisdiction.

Rule - 29. Accounts/Finance.

(1)     The Farmers' Organisation shall open an account in Nationalized Bank or a Co.operative Bank in its name and shall be operated jointly by the President and the Secretary. The Treasurer shall maintain the Cash Book and accounts of expenditure with appropriate vouchers and receipts.

 

(2)     Every expenditure shall be supported by a receipt or voucher, which shall, be duly passed for payment by the President.

 

(3)     All expenditure has to be approved by the Finance sub.committee/ Executive Committee, at least once a month.

 

(4)     Every Farmers' Organisation shall maintain the following Registers.

(a)      Cash Book;

 

(b)      Bill Registers;

 

(c)      Receipt Books;.

 

(d)      Asset Register;

 

(e)      Register of demand and collection of Water Rate;

 

(f)       Register of Landholders; and

 

(g)      Register for Repair and Maintenance of canal.

Note. Each of them shall bear the name, address and the seal of the Farmers' Organisation and shall be machine numbered.

Rule - 30. Maintenance of other Records

Each of the Farmers' Organisation shall maintain the following records:

(i)       An up.to.date copy of the Act, Rules, Directions and orders of the Commissioner/Government;

 

(ii)      A map showing the boundaries and jurisdiction of the water conveyance system, within the boundaries of the association;

 

(iii)     A register containing the list of land holders and water users along with their land holding in Form.D;

 

(iv)    A register showing the area irrigated and the demand of water rate year wise and collection made every season in Form.E;

 

(v)      A Bill Register showing the list of works taken up during a season along with their estimate and expenditure in Form F;

 

(vi)    Cash Book in Form G; which shall contain all daily receipts and expenditure ol Farmers' Organisation;

 

(vii)   Receipt Book in Form H;

 

(viii)  Asset Register in Form I; and,

 

(ix)    Register for repair and maintenance of canal in Form K;

 

(x)      Minutes Book;

Every proceeding of a General Body meeting and an Executive Committee meeting shall be recorded by the Secretary and approved by the president;

(xi)    Every proceeding of a sub.committee meeting shall be recorded by the Secretary and shall be approved by a member of subcommittee.

Rule - 31. Levy and collection of fees/water rate.

(1)     A fee/water rate may be levied only on the resolution of the General Body, the purpose of which shall be,.

(a)      to provide facilities; or

 

(b)      to provide specific service; or

 

(c)      to meet many urgent needs of the Farmers' Organisation; or

 

(d)      to build up assets of the Farmers' Organisation; or

 

(e)      to improve the system.

(2)     In case of Lift Irrigation Points, the water rate shall cover.

(a)      Energy charges;

 

(b)      Charges for maintenance and repairs;

 

(c)      Charges to improve the system; and

 

(d)      Cost of replacement.

(3)     The Executive Committee shall decide the amount of.fee/water rate proportionate to the land holding and issue demand notice in Form.J; and in case of Lift Irrigation Points, the Executive Committee may assess such minimum charges of water rate as may be decided by the General Body in respect of user farmers in the ayacut who don't take up any cultivation during a season.

(4)     All fees/water rate collected shall be duly accounted for through proper receipts.

(5)     (a) Where a member has defaulted in payment of such levy/ water rate levied by the Farmers' Organisation, the Executive Committee shall prepare a list of defaulters along with amounts due, and publish the same in the notice board.

(b) The defaulters list so prepared under Clause (a) shall be furnished to Tahasildar of the area, in whose jurisdiction, the area of operation of Farmers' Organisation lies; for recovery under the Orissa Public Demands 'Recovery Act.

Rule - 32. Financial Audit.

At the end of each financial year, and not later than three months after the commencement of the new financial year, each of the Farmers' Organisation shall cause its accounts to be audited as follows:

(i)       the Executive Committee shall appoint an Auditor who has adequate experience in normal auditing work;

 

(ii)      the Auditor so appointed shall be a person of repute in the area of operation of the Farmers' Organisation;

 

(iii)     the Auditor so appointed shall take all steps necessary to scrutinise the accounts of receipts and expenditure and furnish the audit report along with the statement of accounts and balance sheet to the President of the concerned Farmers' Organisation, duly attesting the same;

 

(iv)    the Audit Report shall be submitted to the General Body in Its meeting for its approval;

 

(v)      the Executive Committee of a Farmers' Organisation shall furnish the implementation report to the General Body on all matters as pointed out in the audit report and the Executive Committee shall implement the decisions of the General Body in this regard; and

 

(vi)    if the overall transactions exceed Rs, 10,00,000 (Rupees ten lakh) per annum, the Farmers' Organisation shall engage the services of a Chartered Accountant;

 

(vii)   the fees for the Auditor shall be as may be approved by the executive committee of the Farmers' Organisation.

Rule - 33. Offences and Penalties.

(1)     The Farmers' Organisation shall have a right to take action on any of the offences specified under Section 23 of the Act.

 

(2)     The President of the Farmers' Organisation or his nominees shall give a notice of the offence to the individual.

 

(3)     The individual who has committed the offence, shall be given reasonable opportunity, to explain his points in defence.

 

(4)     The Executive Committee after examination of the materials as indicated in sub.rules (2) and (3) shall decide, by a majority, the nature and gravity of the offences.

 

(5)     If the offence is proved beyond doubt, the Executive Committee may fix a reasonable amount as fine, as specified under Section 25 of the Act, keeping in view the nature of offence committed under Section 23 of the Act and recover it.

 

(6)     The money recovered as per sub.rule (5) above, shall be duly acknowledged and accounted for.

 

(7)     In case the offence is not compounded, the Secretary shall lodge complaint (F.I.R.) in the Police.Station for necessary legal action under Section 23 of the Act.

Rule - 34. Function of Competent Authority.

In the functioning of the Executive Committee of the Farmers' Organisation, the competent authority appointed under sub.section (1) of Section 21 of the Act, shall:

(a)      attend the meetings convened by the Executive Committee and participate in the discussions but he shall not have any voting right.

 

(b)      assist in the preparation of maintenance plan.

 

(c)      prepare estimates for works identified for execution.

Note. The estimate shall be prepared as per the norms and the rules prescribed by the Department of Water Resources.

(d)      accord technical approval to the maintenance works, as per the powers delegated. The technical approval shall be limited to the administrative approval of the work.

(e)      ensure that no alteration or change is made in the irrigation system, with reference to the approved hydraulic particulars.

(f)       bring to notice of Water Resources Department any tampering or changes made in the system, by any Farmers' Organization in contravention of the hydraulic particulars. He shall ensure that action is taken in accordance with the Act.

(g)      provide technical details of the system to the member of the Committee.

(h)     assist the Executive Committee in the preparation and approval of operational plan,

(i)       advise and assist on water regulation, based on the water supplies and seasonal condition.

(j)       prepare water budgeting for the Farmers' Organisation.

(k)      help in assessment of area irrigated.

(l)       help in training any helpers appointed by the Farmers' Organisation in discharging their duties.

(m)    guide the farmers' Organisation in maintaining various registers, and

(n)     record measurements for the work done and prepare the bills for payment by Farmers' Organisation based on the approval of the Works Sub.Committee.

Rule - 35. Inspection.

Any officer of the Department of Water Resources above the rank of Assistant Engineer under whose jurisdiction the Farmers' Organisation is situated, can inspect the records of the Farmers' Organisation and can submit a report of his visit to his next higher authority with a copy to the Farmers' Organisation, so inspected.

Rule - 36. General.

(1)     The Farmers' Organisation shall assist the Government/ Commissioner/Government authorities in implementing the various provisions of the Act and rules; and it shall abide by the directions/orders given by the Government/Commissioner.

 

(2)     The Farmers' Organisation shall assist the Chief Engineer/ Super.tending Engineer and Election Authorities in the conduct of elections.

 

(3)     Those members' who do not abide by the decisions of the Executive Committee/General Body or who do not pay the water cess/ taxes or who do not make contributions towards the activities of the Association, shall be subjected to the following course of action; namely:

(a)      The Executive Committee may take decision not to supply water or provide benefits to such person;

 

(b)      The Executive Committee may order recovery of damages and cause reimbursement of the loss to the assets or income of the Farmers' Organisation; and

 

(c)      This is without prejudice to any penalty that may be imposed under any Act in force.

(4)     In case of failure on the part of Executive Committee to discharge any of its functions, it shall be lawful for the Competent Authority to perform those functions as per law.

Rule - 37. Election Procedure for Farmers' Organisation.

(1)     The superintendence, direction, control and conduct of election of members of Chak Committee, the Executive Committee and President/Secretary/Treasurer of the Farmers' Organization under the Act in respect of vacancies including casual vacancies shall vest in the Election Authority of the concerned project.

(2)     The Superintending Engineer of the concerned irrigation project, in case of major, medium and minor irrigation projects and the Executive Engineer in case of Lift Irrigation Project or any other officer authorized by the Government, shall be the Election Authority.

 

(3)     The Election Authority may appoint an officer to be the Election Officer, who shall be a Gazetted Officer of the State Government for conducting election within the appointed jurisdiction.

 

(4)     The Election Authority may also appoint one or more officers of the State Government as Assistant Election Officers, to assist the Election Officer.

 

(5)     Every Assistant Election Officer shall, subject to the control of Election Officer, be competent to perform any of the functions of the Election Officer.

 

(6)     It shall be the general duty of the Election Officer/Assistant Election Officer at any election to carry out such functions as may be necessary for conducting the election in the manner provided under the Act and the Rules made thereunder.

 

(7)     Election Authority or any other officer authorized by him shall appoint as many Polling Officers as he thinks necessary to assist him in the election process provided that such Polling Officers are Government servants.

Rule - 38. General procedure for election.

(1)     No person shall be eligible to be either the proposer or the seconder of the candidate, unless his name finds place in the electoral role published by the Election Authority.

 

(2)     The Election Authority by notification published shall cause to be published the date for election for an ordinary election or an election to fill up the vacancy caused due to death, resignation or recall provided that, the notice for the election shall be published in the area of the Farmers' Organisation prior to the election; Provided further that the date of election notified by the Election Authority shall not be altered or deferred save with the prior sanction of the Government:

Provided also that, the Government shall be competent to draw up and notify the programme of election.

(3)     The Election Officer, to hold the election by the method of secret ballot, shall provide at least one ballot box after satisfying himself that such box is so made that the ballot papers can be inserted through an opening without affecting the secrecy of the voting. The ballot box shall be placed in the polling station in full view of the Election Officer.

(4)     The symbol to be used in the election shall be notified by the Government from time to time which shall not include any symbol allotted to the political parties by the Election Commission of India.

date of election :

(5)     A vote shall be liable for rejection on either one or more of the following grounds:

(a)      If the ballot paper bears the signature of the voter.

 

(b)      If the arrow cross mark is placed on more than one candidate's symbol for one office/post.

 

(c)      If the arrow cross mark is so placed as to make it doubtful for which candidate the vote has been cast.

 

(d)      If the ballot paper does not bear the authentication mark of the Election Officer.

 

(e)      If no arrow cross mark is made against any candidate/symbol.

(6)     (a) If at any time and in any case the proceedings of the election are interrupted or obstructed for any reason whatsoever and the Election Officer is satisfied that true and fair conduct of election is affected thereby, he/she shall direct postponement of election and shall forthwith inform the Election Authority.

(b) The Election Authority on receipt of such information and after making such inquiry, as he may deem fit declare, for reasons to be recorded in writing, the proceedings of the election as void and direct for conducting fresh election. The decision of the Election Authority in this regard, shall be final.

(7)     After the election process is over in respect of a particular Farmers' Organization, the Election Officer shall deposit all the election papers/materials including used and unused ballot papers, ballot box, proceedings of election, result sheet etc. to the Election Authority within 24 hours of the closure of election process.

Rule - 39. Election of the members of the Chak Committee.

(1)     The Election Authority shall publish, on the date of issue of notice for election, the electoral roll of the Chak in three parts i.e., upper reach, middle reach and lower reach consisting of all the land holders who have become members of the Pani Panchayat

[2][* * *].

(2)     The Election Authority or his nominee shall publish/cause to be published by giving 15 days notice for election of the members of the Chak Committee and the members to be elected to the Executive Committee of the Pani Panchayat. The notice for the election shall be published in the notice board of the Pani Panchayat and in a conspicuous place of the Chak area. The Election Authority shall also announce the election schedule by beat of drum in the Pani Panchayat area.

(3)     Nomination can be presented to the Election Officer at the appointed date, time and place, specified in the notice, by the candidate:

Provided that, any landowner or his/her nominee who is otherwise not disqualified as per Section 14 of the Act and subject to the provisions of Sub.section (1) of Section 4 of the Act, can file nomination for becoming a member of the Chak Committee in respect of the reach in which his/ her lands are situated:

Provided further that, no election shall be held for a reach in case of one candidate:

(4)     In case of contest, the Election Officer, shall immediately after scrutinizing the nomination papers read out the names of the candidate whose nominations are found valid and prepare a list of validly candidates on a plain paper in Oriya.

(5)     A validly nominated candidate contesting for the member of the Chak Committee may withdraw his/her candidature by presenting a written application in plain paper to the Election Officer on the spot before the appointed hour. After withdrawal of the candidature, the Election Officer shall prepare a final list of candidates on the spot election :

(6)     The names of the valid candidates, after withdrawal shall be legibly written on the ballot paper in Oriya in the following format:

(7)     Every member present and wishing to vote shall be supplied with a ballot paper duly authenticated by the Election Officer. The voters shall proceed one after another to the place set apart for the voting and put a rubber stamp bearing arrow cross mark on the symbol of the candidate for whom he or she wishes to vote and then fold and insert the ballot paper in the ballot box placed in full view of the Election Officer.

(8)     The polling may lake place during such hour as may be fixed by the Election Officer.

(9)     After voting.is over after the appointed hour, the Election Officer shall take steps to count the votes on the spot in presence of the available voters. After the counting is over, the Election Officer shall record the number of votes secured by each candidate in a plain paper. The Election Officer shall then declare the name of the winning candidate who obtains the highest number of valid votes. After election of the three members of the Chak Committee from the three reaches, the Election Officer shall follow the above procedure to directly elect, one of the three elected members to be a member of the Executive Committee of Pani Panchayat either on the same day or on the following day.

(10)   In case of Lift Irrigation Points, the Executive Engineer of Orissa Lift Irrigation Corporation, who is the Election Authority, shall follow the above procedure to elect at least 10 per cent of the members of the General Body subject to minimum of four and maximum of ten members to become members of the Executive Committee of Pani Panchayat of the said point.

Note. In the event of equality of votes between two or more candidates, the Election Officer shall draw a lot in presence of the candidates. The candidate whose name is first drawn, shall be declared as duly elected.

Rule - 40. Election of President Secretary and treasurer of the Pani Panchayat

(1)     The Executive Committee of the Pani Panchayat shall be formed by all the elected executive members from Chak Committees at the rate of one from each Chak situated within the Pani Panchayat are'a.

 

(2)     The election of the President, the Secretary and the Treasurer of the Pani Panchayat shall be held in the office of the* Pani.Panchayat or at such other public place as the Election Authority may determine in the notification under sub.rule (2) of Rule 38.

 

(3)     The Election Officer within three days of publication of result of election of Executive Committee members of the Pani Panchayat shall issue a notice in pfain paper to all the members of the Executive Committee of the Pani Panchayat giving clear seven days time to hold the election of the President, the Secretary and the Treasurer of the Pani Panchayat at the appointed place. The notice of the election shall be served on all the members of the Executive Committee of the Pani Panchayat personally by obtaining acknowledgement of the member or any adult member of his family.

Note. The notice shall also be published in the office of the Pani Panchayat. The Executive Committee of the Pani Panchayat shall hold its first meeting under the chairmanship of the Election Officer.

(4)     (a) Nomination of every candidate shall be made in plain paper. Every nomination paper shall be signed by two members of Executive Committee as proposer and seconder and the candidate shall also sign expressing his willingness to contest the election to the office of the President/the Secretary/ the Treasurer, as the case may be:

Provided that the same person cannot be proposer or seconder for more than one candidate for any of the offices.

(b) There shall be separate nomination papers for the post of the President, the Secretary and the Treasurer.

(c) The candidates shall present nomination papers to the Election Officer on the spot.

(5)     The Election Officer, after receiving the nomination papers during the appointed hour, shall scrutinize them, make a list and read out the names of the candidates whose nominations are found valid.

(a)      A validly nominated candidate may withdraw his/her candidature by presenting a written application in plain paper to trie Election Officer on the spot. Alter withdrawal of the candidature, the Election Officer shall publish and read out the final list of the candidates for the election.

(b)      If there are two or more candidates for any of the offices election shall be held by secret ballot and vote of the members present at the meeting shall be taken subject to (sic)

(6)     The names' of the tinally published valid candidates shall be legibly written on the ballot paper in Oriya in the following format:

(7)     Every member present and wishing to vote shall be supplied with a ballot paper duly authenticated by the Election Officer.

(a)      The members shall proceed one after another to the place set apart for the voting and secretly place the rubber stamp bearing arrow cross mark on the symbol of the candidates(s), for whom he or she wishes to vote and then fold and insert the ballot paper in the ballot box placed in full view of the Election Officer.

(b)      Immediately after the voting is over, the Election Officer shall count the votes in presence of the members present and record the number of votes secured by each candidate in a plain paper.

(c)      The candidate securing the highest number of valid votes shall be declared by the Election Officer to have been elected to the post of the President/the Secretary/the Treasurer, as the case may be, on the same day.

(d)      In the event of equality of votes between two or more candidates, the Election Officer shall draw a lot in presence of the candidates. Candidate whose name is first drawn shall be, declared as duly elected.

(8)     The Election Officer shall prepare a record of the proceedings of the meeting, sign it and attest with his initial every correction made therein and permit the members present at the meeting to affix their signature to the said record.

(9)     The Election Officer shall also notify the names of the winning candidate on the notice board of the Pani Panchayat and forward a copy of the same to the Election Authority.

Rule - 41. Election of the Executive Committee, the President, the Secretary and the Treasurer of the Distributary Committee

(1)     The General Body of the Distributary Committee shall be formed by all the Presidents, the Secretaries and the Treasurers of the Pani Panchayats situated within the distributary area.

 

(2)     The Executive Committee of the Distributary Committee shall be formed with nine members who shall be elected from among the members of the General Body.

 

(3)     The election of the Executive Committee, the President, the Secretary and the Treasurer of the Distributary Committee shall be held in the office of the Distributary Committee or at such other public place as the Election Authority may determine in the notification under Sub.rule (2) of Bute 38.

 

(4)     The Election Officer within three days of the publication of results of election to all the Pani Panchayats situated within the Distributary area, shall issue a notice in plain paper giving clear seven days time to all the members of the General Body of the Distributary Committee to hold election to elect nine members from among themselves to be the members of the Executive Committee, and the President, the Secretary and the Treasurer of the Distributary Committee.

 

(5)     The General Body of the Distributary Committee shall hold it's first meeting under the Chairmanship of the Election Officer.

 

(6)     (a) Nomination paper of the candidate for the Executive Committee shall be signed by him expressing his willingness to contest the election which shall also be signed by at least two members of the General Body and shall be presented to the Election Officer on the date, time and place specified in the notice.

(b) The Election Officer shall scrutinize the nomination papers, make a list and read out the names of the candidates whose nominations are found valid.

(c) A validity nominated candidate may withdraw his/her candidature by presenting a written application in plain paper to the Election Officer on the spot. After withdrawal of the candidature, the Election Officer shall publish the final list of candidates for the election.

(d) There shall be no election if, after withdrawal of candidature the number of contesting candidates remains at 9 (nine) or less. No election shall take place unless more than 50 per cent of the members of the General Body are present to cast their votes.

(7)     The names of the valid candidates shall be legibly written on the ballot paper in Oriya in the following format:

(8)     (a) Every member present shall be supplied with a ballot paper duly authenticated by the Election Officer, who shall proceed one after another to the place set apart for the voting and secretly place the rubber stamp bearing arrow cross mark against the candidate's/symbols for whom he/she wishes to vote and then fold and deposit the ballot paper in the ballot box placed in the full view of the Election Officer.

(b) immediately after the voting is over, the Election Officer shall count the votes in presence of the members and record the numtaer of vote secured by sach candidate in a plain paper.

(c) The Election Officer shall then declare the first nine candidates who have secured highest number of votes in the descending order and declare them to be elected to the Executive Committee of the Distributary Committee.

(d) In the event of equality of votes between two or more candidates for the ninth place, the Election Officer shall draw a lot in presence of the candidates. The candidate whose name is first drawn, shall be declared as duly elected.

(9)     The Election Officer, immediately after election of the members of the Executive Committee, shall take steps for election of the President, the Secretary and the Treasurer from among the members of the Executive Committee.

(10)   The nomination of every candidate shall be made in plain paper. Every nomination paper shall be signed by two members of the Executive Committee as proposer and seconder and the candidate shall also sign expressing his willingness to contest the election to the office of the President/Secretary/ Treasurer, as the case may be.

(11)   There shall be separate nomination papers for the post of the President, the Secretary and the Treasurer. The candidate shall present the nomination paper to the Election Officer.

(12)   The Election Officer, after receiving the nomination papers during the appointed hour, shall scrutinize them, make a list and read out the names of the candidates whose nominations are found valid.

(13)   A validly nominated candidate may withdraw his candidature by presenting a written application in plain paper to the Election Officer on the spot.

(14)   After withdrawal of the candidature, the Election Officer shall publish, read out the final list of candidates for the election.

(15)   If there are two or more candidates for any of the offices; the election shall be held by secret ballot and vote of the members present at the meeting shall be taken subject to the condition that no election shall take place unless more than 50 per cent of the members of the Executive Committee are present to cast their votes.

(16)   The names of the finally published valid candidates for the office of the President, Secretary and the Treasurer shall be legibly written on the ballot paper in Oriya in the following format:

(17)   Every member of the Executive Committee present shall, be supplied with a ballot paper duly authenticated by the Election Officer, who shall proceed one after another to the place set apart for voting and secretly place the rubber stamp bearing the arrow cross mark against names of the candidates/symbols for whom he/she wishes to vote for the office of the President, Secretary and the Treasurer and then fold and deposit the ballot paper in the ballot box placed in full view of the Election Officer.

(18)   Immediately after the voting is over, the Election Officer shall count the votes in presence of the members of the Executive Committee present and record the number of votes secured by each candidate in a plain paper.

(19)   After completion of counting the Election Officer shall declare the names of winning candidates to the offices of the President, the Secretary and the Treasurer who have secured highest number of votes.

(20)   In the event of equality of votes between two or more candidates, the Election Officer shall draw a lot in presence of the candidates. The candidate whose name is first drawn shall be declared as duly elected.

(21)   The Election Officer shall prepare a record of the proceedings of the meeting sign it and attest with his initial every correction made therein and permit the members present at the meeting to affix their signature to such record.

(22)   The Election Officer shall also notify the names of the winning candidates on the notice board of the Distributary Committee and forward a copy of the same to the Election Authority.

Rule - 42. Election of the Executive Committee, the President, the Secretary and the Treasurer of the Project Committee

(1)     The General Body of the Project Committee shall be formed by all the Presidents, the Secretaries and the Treasurers of the Distributary Committees situated within the Project area.

 

(2)     The Executive Committee of the project Committee shall be formed with nine members who shall be elected from among the members of the General Body.

 

(3)     The election to the Executive Committee, the President, the Secretary and the Treasurer of the Project Committee shall be held in the office of the

 

(4)     Project Committee or at such other public place as the Election Authority may determine in the notification under Sub.rule (2) of Rule 38.

 

(5)     The Election Officer within three days of the publication of results of election to all the Distributary Committees situated within the Project area shall issue a notice in plain paper giving clear seven days time to all the members of the General Body of the Project Committee, to hold election to elect nine members from among themselves to be the members of the Executive Committee, and the President, the Secretary and the Treasurer of the Project Committee.

 

(6)     The General Body of the Project Committee so called, shall hold its first meeting under the Chairmanship of the Election Officer.

 

(7)     Nomination paper of the' candidate for the Executive Committee shall be signed by him expressing his willingness to contest the election which shall be signed by at least two members of the General Body and shall be presented to the Election Officer on the date, time and place specified in the notice.

 

(8)     The Election Officer shall scrutinize the nomination papers, make a list and read out the names of the candidates whose nominations are found valid.

 

(9)     A validly nominated candidate may withdraw his/her candidature by presenting a written application in plain paper to the Election Officer on the spot. After withdrawal of the candidature, the Election Officer shall publish the final list of candidates for the election.

 

(10)   There shall be no election if, after withdrawal of candidature, the number of contesting candidates remains at 9 (nine) or less. No election shall take place unless more than 50 per cent of the members of the General Body are present to cast their votes.

 

(11)   The names of the valid candidates shall be legibly written on the ballot paper in Oriya in the following format:

(12)   Every member present shall be supplied with a ballot paper duly authenticated by the Election Officer, who shall proceed one after another to the place set apart for the voting and secretly place the rubber stamp bearing arrow cross mark against the candidates/symbols for whom he/she wishes to vote and then fold and deposit the ballot paper in the ballot box placed in the full view of the Election Officer.

(13)   Immediately after the voting is over, the Election Officer shall count the votes in presence of the members and record the number of votes secured by each candidate in a plain paper.

(14)   The Election Officer shall then declare the first nine candidates who have secured highest number of votes in the desending order and declare them to be elected to the Executive Committee of the Project Committee.

(15)   In the event of equality of votes between two or more candidates .for the ninth place, the Election Officer shall draw a lot in presence of (he candidates. The candidate whose name is first drawn shall be declared as duly elected.

(16)   The Election Officer, immediately after election of the members of the Executive Committee, shall take steps for election of the President, Secretary and Treasurer from among the members of the Executive Committee.

(17)   The nomination of every candidate shall be made in plain paper. Every nomination paper shall be signed by two members of the Executive Committee as proposer and seconder and the candidate shall also sign expressing his willingness to contest the election to the office of the President/Secretary/ Treasurer, as the case may be.

(18)   There shall be separate nomination papers for the post of the President, Secretary and Treasurer. The candidate shall present the nomination paper to the Election Officer.

(19)   The Election Officer, after receiving the nomination papers during the appointed hour, shall scrutinize them, make a list and read out the names of the candidates whose nominations are found valid.

 

(20)   A validly nominated candidate may withdraw his candidature by presenting a written application in plain paper to the Election Officer on the spot.

 

(21)   After withdrawal of the candidature, the Election Officer shall publish, read out the final list of candidates for the election.

 

(22)   If there are two or more candidates for any of the offices, the election shall be held by secret ballot and vote of the members present at the meeting shall be taken subject to the condition that no election shall take place unless more than 50 per cent of the members of the Executive Committee are present to cast their votes.

 

(23)   The names of the finally published valid candidates for the office of the President, Secretary and Treasurer shall be legibly written on the ballot paper in Oriya in the following format:

(24)   Every member present, shall be supplied with a ballot paper authenticated by the Election Officer, who shall proceed one after another to the place set apart for voting and secretly place the rubber stamp bearing the arrow cross mark against name of the candidate/symbols for whom he/she wishes to vote for the office of the President, Secretary and Treasurer and then fold and deposit the ballot paper in the ballot box placed in full view of the Election Officer.

(25)   Immediately after the voting is over, the Election Officer shall count the votes in presence of the members of the Executive Committee present and record the number of votes secured by each candidate in a plain paper.

 

(26)   After completion of counting the Election Officer shall declare the names of winning candidates to the offices of the President, Secretary and Treasurer who have secured the highest number of votes for each office.

 

(27)   In the event of equality of votes between two or more candidates, the Election Officer shall draw a lot in presence of the candidates. The candidate whose name is first drawn shall be declared as duly elected.

 

(28)   The Election Officer shall prepare a record of the proceedings of the meeting, sign it and attest with his initial every correction made therein and permit the members present at the meeting to affix their signature to such record.

 

(29)   The Election Officer shall also notify the names of the winning candidates on the notice board of the Project Committee and forward a copy of the same to the Election Authority the Executive Committee present shall be supplied with a copy of the same.

ANNEXURE.1

ORISSA GAZETTE (EXTRAORDINARY)

GOVERNMENT OF ORISSA DEPARTMENT OF WATER RESOURCES RESOLUTION

The 4th December, 1999

Subject. Empowering Water User Association with legal rights for management of M.I. Schemes rehabilitated, under European Community Assistance (Financing Agreement No. ALA 94/21).

In pursuance of the condition of Page 13, Annex. A of the Financing Agreement signed between European Community and Republic of India on the 11th July 1995 at Brussels, the Government of Orissa have been pleased to recognize the Water User Associations as an independent legal entity to manage the stored water and the distribution system.

The Water User Associations shall be the legally constituted bodies of the water user, farmers council, water management committees etc. for the purpose of management and distribution of water in the canals and water courses below the outlets delegated with functions as decided by the Government of Orissa.

The minor irrigation schemes to be rehabilitated under the European Community assistance shall serve as models to prove the viability of user run management for other schemes in the Minor Irrigation Sector not covered under this agreement.

The Provisions made herein can be extended to other M.I. Schemes, to be rehabilitated under European Community Assistance. For the other M.I. Schemes not covered under European Community Assistance, the same provisions can also be extended.

While the Government of Orissa shall be legally and financially responsible for the safety, security of the project, dams, reservoirs and diversion wears, as the case may be, and maintain them In a timely and efficient manner, the Water User Associations of the rehabilitated schemes in Minor irrigation will manage the stored water and will be responsible for equitable distribution.

Full maintenance grant as provided to Minor Irrigation by the Government of Orissa for these schemes, shall be deposited annually into the Water User Association's bank account.

The Government of Orissa will not collect any water tax from the farmers of the schemes to be rehabilitated under the Financing Agreement.

The Government of Orissa through the Department of Water Resources and other like department shall provide necessary technical support and advice to the Water User Associations

The ownership of all acquired lands, constructed structures and the entire system shall remain with the Government of Orissa. The ownership of the field channels for which the farmers will spare their land and which are to be constructed out of European Community funds and Water User Association contribution, will remain with the Water User Association.

To meet any eventuality arising out of natural calamity; the U.As. should arrange an emergency fund by allocating a portion of water charges collected from the farmers.

The functions delegated by the Government of Orissa after turnover to the legally constituted Water User Associations are as follows.

(1)     The Water User Associations of the European Community rehabilitated Minor Irrigation Schemes shall determine the water rate and collect water charges from their members.

(2)     The Water User Associations shall manage the scheme, at their own cost, including the operation of the head works, distribution and drainage channels and structures, etc. and shall also be responsible for proper maintenance of the whole system except the dams, reservoirs and diversion weirs (including the head works) as the case may be.

(3)     The Water User Association can initiate the emergency repair of the head works when this is warranted.

(4)     The Water User Association, with the permission from the Government of Orissa may take up the work of treatment of the catchment area by construction of check dams or afforestation to reduce siltation in the reservoir.

The resolution will be applicable to the identified schemes excluded from the operation of the Irrigation Act as notified in the Revenue and Excise Department Notification No. 30527, dated the 2nd June 1999

Order.Ordered that the Resolution be published in an Extraordinary issue of the Orissa Gazette for general Information.

Ordered also that the copies for the resolution be forwarded to.

The First.Counselor, Delegation of the European Commission in India, New Delhi The Desk Officer (E.E.G.)

Ministry of Water Resources, New Delhi

The Under.Secretary, Department of Economic Affairs, New Delhi

All the members of the Steering Committee (Through the P.s./ P.A./ Department/Office)

Accountant.General (A and E), Orissa

Accountant.General (Audit), Orissa

Senior Deputy Accountant.General (Works), Puri

RS. to Chief Minister

RS. to Minister of Water Resources

Project Director, Project Management Unit, Bhubaneswar

All the Department of Government of Orissa

All the Heads of Departments

All the District Collectors

Director, Printing, Stationery and Publication, Orissa, Cuttack