Bare Act
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29. Records
(i) Each Water Users' Association shall keep at its office of the following accounts, records and documents, namely:- (a) An up to date copy of this Act (b) A map of the area of operation of the farmers' organization along with the map of the structure and distribution networks prepared in consultation with the Department; (c) a statement of assets and liabilities; (d) minutes book; (e) books of accounts showing receipt and payments; (f) books of accounts of all purchase and sales of goods by the Associations; (g) a register of measurement book, level field books, work orders and the like; (h) copies of audit reports and enquiry reports; (i) all such accounts, records and documents as may be prescribed from time to time. (ii) the books of account and other records shall be opened for information to the member of Water Users' Association.
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30. Audit
Every Water Users' Association shall get its account audited in the manner prescribed.
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31. Recovery of Dues
All the amounts payable or due to Water Users' Association shall be recovered as arrears by the Department.
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32. Meetings
The meeting of the Waters Users' Association and the Executive Committee thereof such intervals, the procedure, the presidency and the quorum thereof and the cessation of membership thereof shall be such as may be prescribed. The quorum shall be 1/5th of the total number of members of a General Body present and voting.
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33. Resignation
(i) A member of Executive Committee of Water Users' Association may resign his office by a letter sent by a registered post or tendered in person to the Chairman or President of the Water Users' Association concerned. (ii) The President of the Water Users' Association may resign his office by a letter send by registered post or tendered post in person to the Chairman of the Co-ordination Committee concerned or in absence of a Co-ordination Committee, the Executive engineer of the concerned division. (iii) The Chairman of the Co-ordination Committee may resign his office by a letter sent by registered post or tendered in person to the Executive Engineer of the concerned division. (iv) Such resignation as mentioned above shall take effect from the date of its acceptance or on the expiry of 30 days from the date of its receipt which is earlier. (v) Such resignation as mentioned above shall be intimated to the Apex Committee within 15 days for record.
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34. Authentication of orders and documents of the Association
All permission, orders, decision and other documents of the Water Users' Association shall be authenticated by the signature of the President or Secretary or any other member of the Executive Committee authorised by the Executive Committee in this behalf.
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35. Bill not to be invalidated by informality or vacancy etc
No act of proceedings of the Executive Committee of Water Users' Association shall be invalidated by reason only of the existence of any vacancy in or defect in the constitution of the said committee.
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36. Deposits and administration of the fund
(i) The farmers' organisation shall keep their funds in a nationalised or scheduled bank or a co-operative bank or a post office. (ii) The fund shall be applied towards meeting of the expenses incurred by the Executive Committee of the concerned Water Users' Association in the administration of this Act, and for no other purpose.
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37. Sinking Fund
(i) The meeting Committee of the Water Users' Association shall maintain a sinking fund for the repayment of the money borrowed and shall pay year into the sinking fund such sum as may be sufficient for repayment within the period fixed of all the money so borrowed (ii) The sinking fund or any other part thereof shall be applied in or towards the discharge of the loan for which such was created and until such loan is wholly discharged; it shall not applied for any other purpose.
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38. Budget
(i) The Executive Committee of the Water Users'Association shall prepare in such form in every financial year budget in respect ofthe financial year next, showing the estimated receipts and expenditure and shall place before the General Body of the Water Users' Association for its approval as may be prescribed. u ) The Government shall provide budgetary support annually for the repair and maintenance of the irrigation infrastructures constructed by the Department in proportionate to the revenue on water charges deposited by Water Users' Association such funds shall be transferred to the Department.
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39. Powers to remove difficulties
(i) If any difficulty arises in giving effect to the provision of this Act or as to the first constitution or re-constitution of any Water Users' Association after the commencement ofthis Act. the Government as the occasion may require by order ~ublished inNagaland Gazette, do anythug which appears to them necessary for removing the difficulty. (in) All orders made under sub-section(a) shall as soon asmay be, after they are made, be placed on the table of the Nagaland Legislative Assembly and shall be subject to such modification by way of amendments or appeal as the Legislative Assembly may either in the same session or in the next session
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40. Savings
(iJ Nothing contained in this Act shall affect the right or properties vested in Village Councils or Municipals Councils or Town Committee under any law for the time being in force.
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41. Power to make rules
(a) The Government may, by notification in the official Gazette, make rules for carrying out purpose of this Act. i All rulers made by the Government under this Act shall, as soon as may be after they are made be laid beforeNagaland Legislative Assembly while it is session, for a total period of not less than 14(fourteen) days which may be comprised in one session or two or more successive sessions, and shall, unless some later date is appointed, take effect &om the date of their publication in the Official Gazette subject to such modifications or annulments as the Legislative Assembly may, during the saidperiod agree tomake so however, that any such, modificationor annulments shall be without prejudice tothe validity of anythmgpreviously done there under.
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42. Protection of acts done in good faith
No suit, prosecution or any other legal proceedings shall be instituted against any person for anything which is in good faith done or intended to be done under this Act or under the rules made there under.
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43. Merger of societies
All the societies registered under the Nagaland Society Registration Act 1969 prior to the commencement ofAct for the purpose of carrying out the functions of participation in Management of Irrigation System shall cease to exist and shall stand merged with Water Users' Association having the same area of operation with effect from date, the Executive Committee of the Water Users' Association id formed in accordance section-5 of this Act.
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