Registration of Farmers Organisation

(1) The farmers of the area of operation shall form a Farmers Organisation and shall apply for registration to the prescribed authority. (2) Every Farmers Organisation, after its constitution, shall get itself registered with the prescribed authority in the form as may be prescribed, along with the bye-laws of the organisation and payment of such fee as may be determined by the State Government, and the prescribed authority shall issue the registration certificate within 30 days of receiving the application. (3) If the prescribed authority fails to register the Farmers Organisation within the stipulated time, the Farmers Organisation shall be deemed to have been registered. (4) The executive committee of each Farmers Organisation and of every tier shall be a body corporate with perpetual succession and a common seal and shall have power to acquire, hold and dispose of property both movable and immovable and to enter into contracts and shall consist of the name as mentioned in the registration certificate. (5) If any question arises whether a person is a farmer or not, the decision of the prescribed authority shall be final. (6) The executive committee of the Farmers Organisation shall carry out the functions of the Water Users Association or such other functions as may be prescribed and shall have power to raise resources in the form of membership fee or such other charges as may be prescribed, and to engage in the management, operation and maintenance of the irrigation system. (7) Every Farmers Organisation, whether registered or not, shall be eligible to receive and manage funds as per such guidelines as may be issued by the Government. (8) All the records, accounts and other documents of the Farmers Organisation shall be maintained in such manner as may be prescribed. (9) Any dispute or difference arising out of or in connection with the Farmers Organisation shall be referred to the prescribed authority. (10) The executive committee of the Farmers Organisation shall have power to appoint such staff as may be required for the management and maintenance of the irrigation system. (1) There shall be a Managing Committee for every Distributory Committee. (2) The State Government shall cause arrangements, in such manner as may be prescribed, for the election by the method of secret ballot of the President and Members of the Managing Committee who shall be five or more in number but not more than fifteen and depending on the commanded area covered by that distributory command and from amongst the members of the general body of the Distributory Committee: Provided that if at an election, the President or the members of the Managing Committee for a Distributory Committee 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 above. (3) 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 Distributory Committee. (4) The Managing Committee shall elect one Treasurer from among the members of the Managing Committee to assist the President and the Treasurer shall function at the direction of the Managing Committee. (5) For the purposes of equitable distribution of water, adequate representation shall be given in the Managing Committee from the Head, Middle and Tail reaches of the area of operation of the Distributory Committee in such manner as may be prescribed. (6) Seats shall be reserved in every Managing Committee of Distributory Committee 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 filed in that Managing Committee as the number of Scheduled Castes, Scheduled Tribes and other Backward Classes of the water users in that distributory area bears to the total number of water users of that area and such seats shall be reserved by the prescribed authority and 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 Distributory Committee. (7) One third of total number of seats reserved under subsection (6) 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. (8) Seats reserved for women may be reserved in the prescribed manner. (9) There shall be nomination of one member from the Janapad Panchayat, from among the Janapad Panchayat(s) within the Distributory 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 Janapad Panchayat(s) in the Distributory area and in the prescribed manner. (10) The term of office of the President and the members of the Managing Committee shall be five years from the date of the first meeting of the Managing Committee, unless recalled earlier under section 14 of the Act. Provided that the term of office can be extended up to one year by the State Government, under special circumstances. (11) The first meeting of Management Committee shall be held within 30 days after the declaration of elections results. (12) The Managing Committee shall exercise the powers and perform the functions of the Distributory Committee.