(1) The Government may by notification consti tute an Apex Committee with the following Memb ers:
(i) Minister, Irrigation Department - Chairman ;
(ii) Five persons from amo ngst the Chairm an of the Project Committees;
(iii) Two persons from the Local Non-G overnment Organisations (NGOs) who are active in water management and agricultural activities;
(iv) Three persons from Officers not below the rank of Secretary or Chief Engineer from the Irrigation an d/o r Agriculture Department;
(v) The elected Gaon Panchayat President of the Gaon Panchayat as Ex-officio Member;
(vi) The Members may be increased by such numbers as may be considered by the Government.
(2) The Committee, constituted under sub-section (1) may exercise such powers and functions as may be necessary to -
(a) laydown the policies for implementation of the provision of this Ac t,
(b) give such directions to any farmers ' organ ization as may be cons idered nec essary , in exercis ing th ei r po we rs and performing their functions in accordance wi th the provisions of this Act.
THE ASSAM GAZETTE, EXTRAORDINARY, JAN. 19, 3o(b ..__59 hiflccdure for 10. (1) A mot ion for reca ll of a Chairman or Pr es iden t or a Managing re ('a11' Committee, as the case may be, of a farmers' organizat ion may be made by giving a written notice as may be prescrib ed, signed by not less than one third of the total num ber of m emb ers of the farmers' organization who are enti tled to vote :
Provided that no notice of motion un de r this section shall be made within one yea r of the date of assumption of office by the person against w hom th e motion is sough t to be moved.
(2) If the motion is carried w ith tfie supp ort of majorit y of the members presen t and vot ing at a meetin g of the Gener al Body spec ially convened for the purpose, the Distric t Collector or the Government as the case may be, shall by orde r rem ove him from office and res ult ing vacancy shall be filled in the sam e ma nner as a casual vacancy.
Constitution of j ] , «lih-mmniitteein f a r m e r s ’ organisation.
The Managing Committee off ar m er s’organizat iori may constitute sub-committees to carry o ut all or any of the functions vested in each organisation under this Act.
fa rm ers ’ organisation to be a body corporate.
Changes in f a r m e r s ’ organisation.
12. Every farmers' organisation shall be a body corpora te wi th a d istinc t nam e having perp etua l success ion and a comm on seal and subject to the provis ions of this Act vested w ith the capacity of ente ring into contracts and of doing all things necessary, p roper or exped ien t for which it is constitute d and it shall sue o r be sue d in its corporate nam e represented by the Chai rman or the Pre sid ent as th e case may b e :
Prov ided that no farm ers' organisation shall have th e powe r to alienate in any man ner any p rop erty vested to it.
13. The Governmen t may in the interest of the fa rmers ' organisa tion in the command area by the notification and in accordance with the rules made in this beha lf -
(a) form a new farm ers' organisation by separa ting the area from any farm ers' organisation,
(b) increase th e area of any farmers' o rgan isation,
(c) dirnish the area of any farmers' organisation,
(d) alte r the boundaries of any farm ers' org anisation or
(e) cancel a notification issued und er this Act or rectify ing any mist ak e:
Prov ided tha t no such separation , increase, dim inu tion, alteration and cancellation shall be effected unless a reasonab le opp ortuni ty is given to the organisat ion likely to be a ffected.
60 THE ASSAM GAZETTE, EXTRAORDINARY, JAN. 19, 2005 i Jualification of 'dictates or 14. No v illage em ployee and no officer or em ployee of the Gov en un eu t/" of India or any State Government or of local aut hority or an employee of an institution receiving aid from the funds of the Government shal l be qualified for being chosen as or for being a Chairm an, or Presiderm or a m ember of the Managing Committee .
Explana tion - 1
(1) For the purp ose of this Section the expressio n village employee mean s in rela tion to the State of Assam any per son who hold s any of the village offices such as Gaon Panchayat, Mahku ma Parishad or any such vil lage office by wh atev er design ation it m ay be locally know n.
(2) No person who has been convicted by a criminal court for any offence committe d und er any law for the time being in force involving mor a I tur pi tude shall be qualified for being chosen or for being a Chairma n or Pres ident or a mem ber of a M anag ing C ommittee .
(3) A person shall be d isqualified for being chose n as a C hairman or a President or a mem ber of the Managing Com mit tee if on the da te fixed for scrutin y of nom ina tion s for election or on the da te of nominat ion heis -
(a) of unsound mind and stands so decla red by a com petent court.
(b) a defau lter of land revenue or w ate r tax o r charges payable e ithe r to the Government or to the fa rme rs' organisa tion .
(c) interested in a subsis ting contrac t made with or any work being don e for, Gaon Pan chayat or any State or Centr al Go vernm ent or th e farm ers' o rgan isation or W ater U sers' As socia tio n:
Provided that a person shall not be deemed to have any interes I in such contract or work by reason only of his ha ving sha re or interes t in -
(i) a company as a mere share ho lde r b ut no t as a Director, or
(ii) any lease, sale or purchase of immoveable pro perty or any agre ement for the same, o r (ii i) any agreement fo r the loan of money or any security for the pay ment of money only, or
(iv) any new spaper in which any advertisem ent rela ting to the affairs of the farmers' organisa tion is i nser ted.
THE ASSAM GAZETTE, EXTRAORDINARY, JA NJTL _^005----- 61 -c> Explanation - II For removal of doubt it is hereby dec lared tha t where a contract is fully perfo rmed, it shall not be de eme d to be subsis ting mere ly on the groun d tha t the Gram Panchayat the farmers' organisa tion , the Sta te or Central Go ver nm ent has not pe rfo rm ed its pa rt of the con tractual obligation.
(4) A Cha irman or a Pres iden t o r a mem ber of Managing C omm ittee shall also become disqualifie d to contin ue in office, if he -
(a) is convicted in a c riminal case involving moral turpit ude, or
(b) rem ains ab se nt for th re e co ns ec ut iv e m ee tin g w ithou t reasonab le c au se :
Provided tha t such disquali fica tion un der item (b) shall not ap ply in the case of wo me n wh o are in an ad va nc ed sta ge of preg nancy and for a period of thre e mo nth s after delive ry.
Filling up of vacancies.