section 5(17)
Managing Committee of Water Users Association and election of its President and Members
The Chhattisgarh Sinchai Prabandhan Me Krishkon Ki Bhagidari Adhiniyam, 2006(1) There shall be a Managing Committee for every Water User Association. (2) The Managing Committee for each Water Users Association would comprise of the elected representatives of the Territorial Constituencies as specified in sub-section (3) of Section 3. (3) The term of the office of the members of the territorial constituencies shall, if not recalled or removed or disqualified under the provisions of the Act, shall be five years from the date of first meeting of the Managing Committee: Provided that the term of office can be extended up to one year by the State Government, under special circumstances. (4) The first meeting of Management Committee shall be held within 30 days after the declaration of election results. (5) The District Collector shall make arrangements for the election of President of the Managing Committee of the Water Users' Association by direct election by the method of secret ballot in the manner prescribed. (6) The District Collector shall cause arrangement for the election of a Managing Committee consisting of one member from each of the territorial constituencies of a Water Users area by a simplified election procedure in the manner prescribed: Provided that a person eligible to become an elected representative of more than one territorial constituency of a Water Users' Association shall be entitled to be such a representative of only one territorial constituency, at his option and he/she shall exercise such option before filing his/her nomination for the election; Provided further that no person can be a member of a Managing Committee of more than one Water Users' Association. (7) If at an election, the President or the members of the territorial constituencies of Water Users' Association are not elected fresh election shall be held within a period of 90 days from the date of failure in the same manner as specified in sub-section (5) or (6), as the case may be. (8) The State Government may nominate an officer at an appropriate level from the Water Resources Department without having the right to vote, to be the Secretary of the managing committee of the Water Users' Association. (9) The Managing Committee shall elect one Treasurer from among the members of the Managing Committee to assist the President and the Treasurer shall function as directed by the Managing Committee. (10) For the purposes of equitable distribution of water, adequate representation shall be given in the Managing Committee to the water users from the Head, Middle and Tail reaches of the area of operation of the Water Users' Association as may be prescribed; (11) Seats shall be reserved in every Management Committee of Water Users' Association for the Scheduled Castes, Scheduled Tribes and other Backward Classes and the number of seats so reserved shall bear as nearly as may be the same proportion to the total number of seats to be filled by direct election in that Water Users' Association as the number of Scheduled Castes, Scheduled Tribes and other Backward Classes of the water users in that water users area bears to the total number of water users of that area and such seats shall be allotted by the prescribed authority to different Territorial Constituency in that Water Users Association, in the prescribed manner. Provided that such reservation of seats shall not exceed fifty percent of the total members of the Managing Committee of the Water Users' Association. (12) The Territorial Constituency which have no population of Scheduled Castes, Schedules Tribes or other Backward Classes of water users shall be excluded for allotment of seats reserved for Scheduled Castes or Scheduled Tribes or other Backward Classes as the case maybe. (13) One third of total number of seats reserved under subsection (11) and unreserved seats shall be reserved for women candidates and the reservation shall be horizontal and compartment-wise. Explanation: "Horizontal and compartment-wise reservation" means reservations in each category namely; Scheduled Castes, Scheduled Tribes, other Backward Classes and General. (14) Seats reserved for women may be allotted by the prescribed authority by drawing of lots and by rotation to different Territorial Constituency in a Water Users' Association in the prescribed manner. (15) There shall be nomination of one member from the Gram Panchayat, from among the Gram Panchayat(s) within the water users' area, to the Managing Committee and such member shall not have the right to vote. Provided that such nomination would be decided by the Managing Committee in concurrence with the Gram Panchayat(s) in the water users' area and in the prescribed manner. (16) The President of the Managing Committee of water users association shall, if not recalled or removed or disqualified by the provisions of the Act, be in office for a period of five years from the date of election or his tenure as member of territorial constituency, whichever is earlier. (17) The Managing Committee shall exercise the [text ends mid-sentence in source] (11) The number of seats reserved for Scheduled Castes, Scheduled Tribes and other Backward Classes in the Managing Committee of the Water Users' Association shall bear as nearly as may be the same proportion to the total number of seats to be filled in that Managing Committee as the number of water users area bears to the total number of water users of that area and such seats shall be allotted by the prescribed authority to different Territorial Constituency in that Water Users Association, in the prescribed manner. Provided that such reservation of seats shall not exceed fifty percent of the total members of the Managing Committee of the Water Users' Association. (12) The Territorial Constituency which have no population of Scheduled Castes, Schedules Tribes or other Backward Classes of water users shall be excluded for allotment of seats reserved for Scheduled Castes or Scheduled Tribes or other Backward Classes as the case maybe. (13) One third of total number of seats reserved under subsection (11) and unreserved seats shall be reserved for women candidates and the reservation shall be horizontal and compartment-wise. Explanation: "Horizontal and compartment-wise reservation" means reservations in each category namely; Scheduled Castes, Scheduled Tribes, other Backward Classes and General. (14) Seats reserved for women may be allotted by the prescribed authority by drawing of lots and by rotation to different Territorial Constituency in a Water Users' Association in the prescribed manner. (15) There shall be nomination of one member from the Gram Panchayat, from among the Gram Panchayat(s) within the water users' area, to the Managing Committee and such member shall not have the right to vote. Provided that such nomination would be decided by the Managing Committee in concurrence with the Gram Panchayat(s) in the water users' area and in the prescribed manner. (16) The President of the Managing Committee of water users association shall, if not recalled or removed or disqualified by the provisions of the Act, be in office for a period of five years from the date of election or his tenure as member of territorial constituency, whichever is earlier. (17) The Managing Committee shall exercise the powers and perform the functions of the Water Users' Association.
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