Chapter II CONSTITUTION OF COMMITTEES

(1) For the purpose of regulating the removal of sand in every Kadavu or river bank situated in a district, the District Collector shall constitute for each Kadavu or river bank a Kadavu Committee called by the name of that place where the Kadavu or river bank is situate, consisting of the following members, namely:— (a) the President of the Grama Panchayat or the Chairman/Chairperson of the Municipality of the concerned Kadavu— Ex-officio; (b) the Secretary of the Grama Panchayat or the Secretary of the Municipality of the area— Ex-officio; (c) the Assistant Labour Officer of the area— Ex-officio; (d) the Grama Panchayat Member or the Municipal Councillor of the area—Ex-officio; (e) the Assistant Engineer of Irrigation Department having jurisdiction in the area— Ex-officio; (f) the Assistant Engineer, (Roads and Bridges) of the Public Works Department having jurisdiction in the area— Ex-officio; (g) the Assistant Engineer of the Kerala Water Authority having jurisdiction in the area— Ex-officio; (h) the Village Officer having jurisdiction in the area— Ex-officio; (i) [three Environmentalists] to be nominated by the District Collector; [(j) three persons to be nominated by the District Collector from among the registered organisations of sand removing workers of the said area.] (2) The President of the concerned Grama Panchayat or, as the case may be, the Chairman/Chairperson of the Municipality shall be the Chairman of the Kadavu Committee and the Secretary of the Grama Panchayat or, as the case may be, the Secretary of the Municipality shall be the Convenor of the Kadavu Committee. (3) The Kadavu Committee shall meet at such times, and at such places as the Chairman may decide and exercise such powers and functions as may be conferred under this Act and the rules made thereunder.

(1) Save as otherwise provide in this Act, the term of office of the members of the District Expert Committee and, as the case may be, the Kadavu Committee other than the Ex-officio and official members, shall be three years from the date of nomination and shall be eligible for re-nomination. (2) A member referred to clause (1) of sub-section (2) of section 3 and clause (i) of sub-section (1) of section 4 may resign his office by giving notice in writing thereof to the Government or, as the case may be, to the District Collector concerned and shall cease to be a member on his resignation being accepted by the Government or, as the case may be, the District Collector concerned.

No Act done or proceeding taken by the District Expert Committee or the Kadavu Committee shall be invalidated merely by reason of,— (a) any vacancy in, or any defect in the constitution of the aforesaid Committees; (b) any irregularity in the procedure of the aforesaid Committee not affecting the merits of the case.

(1) Any vacancy caused in the District Expert Committee, as the case may be, the Kadavu Committee shall be filled up as early as possible by nomination by the Government, as the case may be, by the concerned District Collector. (2) Any person so nominated to fill up a casual vacancy shall hold office only so long as the member in whose vacancy he is nominated would have been entitled to hold office, if the vacancy had not occurred.

(1) The District Expert Committee shall meet at least once in three months in a year. (2) One third of the total number of members shall be the quorum for a meeting. (3) The Chairman may nominate one among the members to preside over the meeting, in his absence.

1[(1)] Subject to the other provisions of this Act and the rules made thereunder, the District Expert Committee shall have the following powers and functions,namely:— (a) to identify the Kadavu or river bank in a district in which sand removal may be permitted; (b) to fix the total quantity of sand that can be removed from a Kadavu or river bank giving due regard to the guidelines of expert agencies like the Centre for Earth Science Studies and Centre for Water Resources Development and Management or 2[other agencies in the sector, as may be specified by the Government from time to time;] (c) to control the transportation of sand from a Kadavu or river bank to another area; (d) to close a Kadavu or river bank opened for sand removal; (e) to ensure the protection of river banks and keep them free from encroachment; (f) to consider the opinion of the Kadavu Committee and take suitable measures to achieve the objectives of this Act; (g) to ensure that the Kadavu Committees of the District are performing their powers and functions conferred on them by this Act; (h) to advise the Government on the measures to protect the biophysical environmental system of the river banks; (i) to recommend to the Government the necessity to ban sand removal from any river or Kadavu during any season of the year; (j) to carry out the Directions given by the Government, from time to time; (k) to exercise such other powers and perform such other duties as are conferred on it by this Act and rules made thereunder; (l) to advise on any other matter to carryout the provisions of this Act. 1[(2) Where it is not possible to implement the conditions referred to in section 12 or are not being implemented, the District Expert Committee shall not grant permission to remove sand from any Kadavu or cancel the permission granted as the case may be.]

(1) The Kadavu Committee shall meet at least once in every month. (2) One-third of the total number of members shall be quorum for the meeting. (3) The Chairman may nominate one among the members to preside over the meeting, in his absence or if in any circumstances, nomination is not possible the members present at the meeting may nominate a person to hold the position.

Subject to the other provisions of this Act and the rules made thereunder, the Kadavu Committee shall supervise and monitor all activities of sand removal and recommend to the District Expert Committee on the following matters, namely:\n\n(a) the suitability of the Kadavu or river bank for sand removal;\n(b) the quantity of sand that may be removed from a particular Kadavu;\n(c) the additional measures to be taken for protection of the Kadavu or river bank;\n(d) the necessity to ban sand removal during any season of the year;\n(e) to recommend to the Grama Panchayats and the Municipalities for publication of list of country boats used for and labourers engaged in sand removal operations;\n(f) to carry out the instructions issued by the Government and the District Expert Committees, from time to time; and\n(g) advise on any other matter to carry out the provisions of this Act.