Chapter V CO STITUTIO OF MA AGI G COMMITTEE

In this Chapter, unless the context otherwise requires, "member" means a member of the Committee.

(1) A Managing Committee of an Association shall consist of, - (a) a Chairperson and such number of other members not exceeding eleven as may be determined by the Competent Authority having regard to the number of members of the Association falling under clause (1) of section 5, and (b) an officer not below the rank of Additional Assistant Engineer of a division in which the minor canal exists, as may be nominated by an Executive Engineer of such division, ex-officio, (c) the member referred to in clause (b) shall have the right to speak or otherwise take part in the proceedings of a meeting of the Committee, but shall not be entitled to vote.

(2) The members of the Managing Committee shall be elected by members of the Association falling under clause (1) of section 5, from amongst themselves in such manner as to give equal representation to all the parts of the service area referred to in sub-section (3).

(3) For the purpose of sub-section (2), the Competent Authority shall divide the service area in three parts, namely, head reach, middle reach and tail reach.

(4) The election of members shall be held in accordance with such rules as may be prescribed generally relating to election and in particular in respect of matters such as electoral roll, nomination of candidates, manner of voting, counting of votes, declaration of results of voting, resolution of disputes.

On constitution of the Committee, the Committee shall co-opt not more than four members from the persons referred to in clause (2) of section 5 and the members so co-opted shall have the right to speak or otherwise take part in the proceedings of a meeting of the Committee but shall not be entitled to vote.

(a) On the constitution of the Committee, there shall be called the first meeting thereof for the election of its Chairperson from amongst the members. (b) The meeting shall be held on such date within four weeks from the date on which the Managing Committee is constituted, as may be fixed by the Competent Authority, and shall be presided over by the Competent Authority who shall have such powers and follow such procedure as he deems fit but shall not have the right to vote.

Term of office of a member shall be six years from the date of his election.

On occurrence of any vacancy in the office of a member due to death, resignation or any other reason, the same shall be filled in by the Association by election.

A member of the Association shall be disqualified for being elected or being a member of the Committee, if such member of the Association — (a) is a village servant or an officer or employee of the Government or of a local authority or of any institution receiving grant in aid from the Government; (b) is, or at any time, adjudged an insolvent or has suspended payment of his debts or has compounded with his creditors; (c) is of unsound mind and stands so declared by a competent court; (d) is or has been convicted of any offence which, in the opinion of the Competent Authority, involves moral turpitude; (e) fails to pay any arrears of land revenue or water rates payable to the State Government or charges payable to the Association within the period provided for such payment; (f) has, directly or indirectly, interest in any contract by or on behalf of the Association, a gram panchayat, a taluka panchayat or district panchayat or State or Central Government; (g) ceases to be a holder of land in the service area;

(1) Notwithstanding anything contained in section 32, the Competent Authority may, at any time, remove any member from office if, in its opinion, such a member— (a) is or has become subject of any of the disqualifications mentioned in section 34 (b) has been guilty of misconduct in discharge of his duties, (c) has become physically or mentally incapable of discharging his duties as a member, (d) has so abused his position as to render his continuance in office prejudicial to the public interest, or (e) has, without reasonable cause, refused or failed to attend three consecutive meetings of the Committee:

Provided that no member shall be removed from his office unless an opportunity of being heard is given to the member.

(2) Any member may, by writing under his hand addressed to the Association, resign his office.

(1) The Committee shall meet at such times and places and shall, subject to sub-sections (2) and (3), observe such rules of procedure with regard to transaction of business at its meetings as may be prescribed by the Committee.

(2) The Chairperson or if, for any reason, he is unable to attend any meeting, any other member, authorised by the Chairperson and present at the meeting, shall preside over the meeting of the Committee.

(3) (a) All the questions at a meeting of the Committee shall be decided by a majority of votes of the members present and voting on that question and the presiding member shall have the second or casting vote when there is an equality of votes. (b) The quorum of the meetings of the Committee shall not be less than three members.

(1) The Committee, in order to enable it to perform its functions, may, with the approval of the Association, appoint a secretary and other officers and employees as may be determined by it.

(2) The salary and allowances payable to, and other conditions of service of the secretary and other officers and other employees, shall be such as may be determined by the Committee.

(1) No act or proceeding of the Committee shall be questioned or be invalid on the ground merely of the existence of any vacancy in or any defect in the constitution of the Committee.

(2) No act done by any person acting in good faith as a member shall be deemed to be invalid merely on the ground that he was disqualified to be a member or that there was any other defect in his selection or nomination.