Delineation of water users area as Pani Panchayat and constitution of Pani Panchayat

(1) The Superintending Engineer of an irrigation project may by notification and in accordance with the rules made under this Act, in this behalf, delineate every commanded area under each of the irrigation systems on a hydraulic basis ordinarily between 300 to 600 hectares which may be considered administratively viable; and declare it to be the area of a Pani Panchayat for the purpose of this Act : Provided that in respect of the commanded area under lift irrigation systems, the entire commanded area may, as far as possible, from a single area of Pani Panchayat and may be notified as such by the concerned Excutive Engineer of Orissa Lift Irrigation Corporation. (2) Every Pani Panchayat's area shall be comprised of several chaks which shall as far as possible cover the area irrigated by one outlet. The number of chaks shall not be less than four or as may be specified by the concerned Superintending Engineer : Provided that there is no necessity of formation of any chak for constituting a Pani Panchayat in case of Lift Irrigation Points having a commanded area of less than 40 hectares. (3) There shall be Pani Panchayat called by its local distinct name for every area as delineated under Sub-section (1) and the headquarters of such Pani Panchayat shall be fixed in the same location. (4) (i)Every Pani Panchayat shall consist of all water users in the area of a Pani Panchayat who are land holders in that area : Provided that, where the area oi any Pani Panchayat comes under a minor irrigation system, the Fishermen of that area who do not hold any land therein but earn their livelihood by fishing may be admitted as members of the Pani Panchayat in such manner and subject to such conditions as may be prescribed.; Explanation I :– A land holder or Fisherman may nominate any adult member of his/ her family to be the member of the Pani Panchayat. Explanation II :– A minor land holder or Fisherman shall be represented by his/her legal guardian. Explanation IIl:– Where a Fisherman holds any land in the area of the Pani Panchayat. he may be allowed to be a Member of the Pani Panchayat as a land holder. (ii) Government may, by notification nominate at least one officer each from Department of Water Resources, Department of Agriculture and Department of Revenue to be the members of the Pani Panchayat without having the right to vote. (5) Members specified in Clause (i) of Sub-clause (4) shall constitute of General Body of a Pani Panchayat and shall have the right to vote.