(1) The D istrict Collector may, by noti ficat ion and in accordance with the rules made, un der this Actin this behalf, del inea te every com mand area und er each of the irrigatio n sys tem on a hydra uli c basis except , the command area of tire shallow tub e wel ls inst alled out side the com mand area of the i rrigation schemes, ins talled by the individual farmers or by the Patha r I’aric hal ana Sam itie s reg istere d by the Depar tment of Agriculture, which may be adm inistratively viable and decla re it to be a water use rs' area for the p urpose of this Act.
(2) Every water users' area shall be d ivi ded into const ituencie s which shall not be less than four bu t not more than ten, as may be prescribed .
(3) The re shall be a Water Users' A ssociation cal led by its local d intinct nam e for every wate r users' area de lineated und er sub-sec tion (1).
(4) (a) Eve ry Wate r Us ers ' Assoc iat ion sha ll co ns ist of the fol low ing members, namely :-
(i) all water users who are land holder s in a wa ter users area prov ided thatwh ere both the owner and ten ant are land holders in re spect of the same land, tire tena nt ;
(ii) five ex-officio members, nam ely one Sectional Ass istant and one Junior Engineer from the I rriga tion Depa rtment, who shall act as coord inator be tween the Gover nm ent Depa rtm ent s and the Farmers ' Organis ation and two fro m the Ag ric ult ure Depar tment in the rank of vill age Level Exte ntion Worker (VLEW) and A gric ultu re Extension Officer and one Elected Gaon Panchaya t Me nib er/Ga on Pan cha yat Pre sid ent of the Gaon Panchay at concerned;
56 THE ASSAM GAZETTE, EXTRAORDINARY, JAN. 19, 2005
(iii)
(b)
(c) Election of 4. (1) Pre sident and Members of the Man agin g Committee of Water Users' Association.
(2)
(3)
(4)
(5)
(6) Del inea tion of 5 .( 1 ) dist ributo r}, area an d co nst itu tion of the Dis tributor), Committee memb ers specified in c lause (i) an d (ii) shall consti tut e t he General Body for the W ater Use rs' Association.
A per son e ligib le to become a memb er of mo re than one terr itorial cons tituencies of a Water Users' Associa tion u nd er (i) shal l be enti tled to be a member of only one terr itor ial con sti tue ncy and he shall exercise his option thereof as prescr ibed.
memb ers specified i n cla use (i) shall alone have th e r ight to vote.
Th ere sha ll be a Ma nagin g Co mmitt ee for ev ery Water Users ' Associatio n. The member of the Manag ing C om mi ttee o f the W ater Use rs' Associa tion shall be form the elec ted rep res en tat ive of the resp ective Water Users' Association and the siz e of the commit tee will vary from 4 to 10 members dependin g on the size of the ter ritorial constitu ency.
The District Collector shall m ake ar rangem ent fo r th e elect ion of the President of the Managing Com mit tee of the Water Users' Association by di rect e lec tion by the me tho d of secre t ba llo t in the ma nner prescribed .
The Distr ict Collector shall also make a rran ge men t for the elec tion of Managing Com mit tee consist ing of one mem ber front each of the territo rial consti tuency of wa ter user s' a rea by m eth od of secret ballot in the ma nner p rescribed.
If a t an elect ion held un de r s ub sec tion (2) an d (3) the P res ide nt or the Members of the terr itoria l constituency of Water Users' Association are not electeckfresh elect ions shall be held in the m anne r prescr ibed :
Pro vided tha t the Govern me nt fo r th e reas ons to be recorded in w riting may, from time to time, postp one t he elect ion.
The Pre sident and the mem bers of tire Managing Comm itte e shall, if no t rec alled earl ier, be in office fo r a period of 3(th ree) years, from the date of the first m eeting.
The Managing Commit tee shall exercise the po wers an d perfor in the fun ctio ns o f the Water U sers' Associatio n.
The Governm ent may by notification and in accordan ce with the rules mad e in this behalf, d elin eat e every comm and area of the irrigat ion system com pris ing of one or more Wate r Users ' Association, and dec lare it to be a d ist rib uta ry area for the pur po se of this A ct
(2) There shall be a Dis tributary Com mittee called by its local dist inct nam e for every distr ibutary area declared as such und er sub-section (1).
THE ASSAM GAZETTE, EXTRAORDINARY, JAN. 19, 2005 __ 57 Election of Pre sident and Co nst itut ion of Man agin g Committee.
Del inea tion of project area an d const itut ion of Project Committee.
(3) All the Presidents of the Water Users' Associa tion in the dist ributary area so long as they hold such Office, shall consti tute the General Body of the committee including two nominated official members.
One of them shall be an Assistant Engineer of Irrigat ion Departm ent who shall work as a coordinator between the va rious departments.
Water Users' Associations and Dist ribu tary Committees and the second member shall act as adviser who shall be from Agriculture Departmen t in the rank of Agriculture Extension Officer.