Constitution, functions and supersession of Water Committee

(1) After a scheme has come into force under sub-section (1) of section 44, the Government shall constitute a Water Committee to execute the scheme subject to the superintendence, direction and control of the Canal Officer appointed by the Government for the purpose. (2) The Water Committee shall consist of five persons elected by beneficiaries of lands included in the scheme from amongst themselves in the manner as may be prescribed. (3) The members of the Committee shall ordinarily hold office for a period of three years from the date of their election. (4) The Water Committee may meet from time to time, and may follow such procedure as it deems fit for the transaction of its business. (5) The Water Committee shall,— (a) manage the irrigation work and ensure proper distribution of water to the lands included in the scheme; (b) decide the crops to be grown during any period or periods according to the provision of the scheme; (c) carry out day to day maintenance and repairs of the irrigation work; (d) maintain the irrigation system of the irrigation work beyond the outlet in a fit state of supply of water. (e) assist the Canal Officer — (i) in detecting and preventing encroachment on the irrigation work and on the lands appertaining thereto; (ii) for preventing damage to the irrigation work; (iii) for repairing any damage caused to the irrigation work; (f) have power to impose a penalty for unauthorised use of water, of use of water out of turn or for growing crops contrary to the provisions of the scheme; (g) maintain accounts of the amount paid to it in such manner as may be prescribed. (6) The penalty may consist of a fine not exceeding two hundred rupees. (7) Any person aggrieved by the decision of the Water Committee may within thirty days from the date of receipt of the decision of the Wafer Committee make an appeal to the Canal Officer or any officer duly empowered by the Government for the purpose. (8) The Government may not later than two years from the date of the order, call for and examine the record of any inquiry or proceeding underlying such order of the Water Committee, or of the officer appointed by it, for the purpose of satisfying itself as to the legality or propriety of any decision or order passed or as to the regularity of the proceeding, and it may pass any order upholding, annulling, modifying or reversing the order of the Water Committee or of any such officer: Provided that no order affecting any person shall be made unless such person is given a reasonable opportunity of being heard. (9) If at any time the Government is of opinion— (a) that the Water Committee has persistently made default in the performance of the functions imposed on it by or under this Act, or (b) that the circumstances exist which render it necessary in the public interest so to do, the Government may by notification, supersede the Water Committee for such period, not exceeding two years as may be specified in the notification. Provided that before issuing a notification, under this sub-section for the reasons mentioned in clause (a), the Government shall give a reasonable opportunity to the Water Committee to show cause why it should not be superseded and shall consider the explanation and objections, if any of the Water Committee. (10) Upon the publication of a notification under sub-section (9) superseding the Water Committee— (a) all the members shall, as from the date of supersession, vacate their offices as such; (b) all the powers, functions and duties which may, by or under this Act be exercised, performed or discharged by the Water Committee shall until the Water Committee is reconstituted under sub-section (11), be exercised, performed or discharged by the Canal Officer as the Government may direct; (c) all property owned or controlled by the Water Committee shall until the Water Committee is reconstituted under sub-section (13) vest in the Government. (11) On the expiration of the period of supersession specified in the notification issued under sub-section (9), the Government may— (a) extend the period of supersession for such further term not exceeding six months, as it may consider necessary; or (b) reconstitute the Water Committee by fresh election, and in such case any person who vacated his office under clause (a) of subsection (9) shall not be deemed to be disqualified for election: Provided that the Government may at any time before the expiration of the period of supersession, whether originally specified under sub-section (9) or as extended under this sub-section, take action under clause (b) of this sub-section.