4. Election of members of Chak Committee and that of the President and members of the Executive Committee of Pani Panchayat.
- [(1) All the land holders in a chak of the Pani Panchayat shall elect three members in the manner as may be prescribed to form a chak committee in such a way that there shall be one member from the upper reach, one from the middle reach and one from the lower reach within the chak and simultaneously elect one among those three, on rotation basis in the prescribed manner, to represent the chak in the Executive Committee of the Pani Panchayat :] [Substituted vide O.G.E. No. 83 dated 20.1/2009.]Provided that, in case of a Pani Panchayat which comes under a minor irrigation system other than a Lift Irrigation Point, if the number of chaks in that Pani Panchayat is less than four and consequently the number of members elected to represent in the Executive Committee being less than four, the remaining members so fall short of four shall be elected by the members of the General Body of the Pani Panchayat in such manner as may be prescribed :Provided further that, in case of Lift Irrigation Points the members of the Executive Committee of a Pani Panchayat shall be elected by the members of the General Body of the Pani Panchayat in such manner as may be prescribed.Explanation - A person who holds land in more than one chak in a Pani Panchayat, shall be eligible to contest election to any one of the chak committees of the said Pani Panchayat of his choice.[(1-a) the term of office of a member of a chak committee other than a member elected to fill up a casual vacancy, shall be six years :Provided that, the member whose term of office in the Executive Committee is declared, by lottery, to be three years in accordance with the provision of Sub-section (6), the term of office of that member including other members in the chak committee shall also be three years.(1-b) In case of a Pani Panchayat which comes under Minor Irrigation System other than Lift Irrigation Point, not more than two members belonging to fisherman category who do not hold land therein, shall be elected to the Executive Committee by the members of the General Body of the said Pani Panchayat in such manner, as may be prescribed.] [Inserted vide O.G.E. No. 83 dated 20.1.2009](2)[Save as otherwise provided in Sub-section (1) and Sub-section (1-b) there shall be an Executive Committee] [Substituted vide O.G.E. No. 83 dated 20.1.2009.] for each Pani Panchayat consisting of the representatives of the chaks elected by the land holders of each chak. In case of Lift Irrigation Points the number of members of Executive Committee shall not be less than four or more than ten.[(2-a) As nearly as may be but not less than one-third of the total number of seats in the Executive Committee of every Pani Panchayat shall be reserved for women and allotted by rotation to different chaks in a Pani Panchayat in such manner as may be prescribed :Provided that, in case of a Pani Panchayat which comes under Minor Irrigation System, if the number of chaks is less than four and in case of the Lift Irrigation Points the procedure of reservation relating to allotment of seats by rotation shall be such as may be prescribed.] [Inserted vide O.G.E. No. 83 dated 20..1.2009.];(3)[Subject to the provision of Sub-section (1), the Superintending Engineer] [Substituted vide O.G.E. No. 83 dated 20.1.2009.], shall cause arrangements for the election of a member of the Executive Committee from each chak by all the land holders of the chak by the method of secret ballot in the manner prescribed. In case of Lift Irrigation Points the Executive Engineer of Orissa Lift Irrigation Corporation or any other officer authorised by Government in this regard shall cause arrangements for the election of the members of the Executive Committee of the Pani Panchayat.(4)The Superintending Engineer shall make arrangements for the election of the President of the Executive Committee of the Pani Panchayat by the members of the Executive Committee by the method of secret ballot in the manner prescribed. In case of Lift Irrigation Points the Executive Engineer of Orissa Lift Irrigation Corporation or any other officer authorised by Government in this regard shall make arrangements for the election of the President of the Executive Committee by the method of secret ballot in the manner prescribed.(5)If at an election held under Sub-section (3) and (4) the members or the President of the Executive Committee of the Pani Panchayat, as the case may be, are not elected, fresh elections shall be held within a period of 90 days from the date of such failure in the manner prescribed.(6)[ The term of office of a member of the Executive Committee of a Pani Panchayat, other than a member elected to fill a casual vacancy, shall be six years, but before constitution of the first Executive Committee of any Pani Panchayat after the commencement of the Orissa Pani Panchayat (Amendment) Act, 2008, the Superintending Engineer and in case of Lift Irrigation Point, the Executive Engineer or any other officer referred to in Sub-section (3) shall, by means of lottery held in such manner as may be prescribed, by order, declare that as nearly as possible one-half of the elected members shall hold office for a term of three years and the remaining elected members and the members elected after three years shall hold office for a term of six years in order that one half of the members shall retire every third year thereafter.Explanation - For removal of doubt it is hereby declared that the members elected to the Executive Committee of any Pani Panchayat immediately before commencement of the Orissa Pani Panchayat (Amendment) Act, 2008 shall continue to remain in office in its full term as per the provisions of this Act existing immediately before commencement of the said Amendment Act.(6-a) As soon as may be, after completion of election to the office of members of the Executive Committee, the name of elected members shall be published in the prescribed manner and accordingly, the term of office of the members of the Executive Committee of the Pani Panchayat shall begin on the date of such publication.(6-b) The President elected under Sub-section (4) shall hold office for a period of three years or so long as he continues to be a member of the Executive Committee, whichever is earlier.] [Substituted vide O.G.E. No. 83 dated 20.1.2009.](7)The Executive Committee shall exercise the powers and perform the functions of the Pani Panchayat.(8)The Executive Committee shall elect one Secretary and one Treasurer in the manner as may be prescribed from among the members of the Executive Committee to assist its President. The Secretary and the Treasurers shall function at the pleasure of the majority members of the Executive Committee.(9)Government may, by notification, nominate one officer not below the rank of Junior Engineer of the Department of Water Resources and another officer not below the rank of Junior Agriculture Officer of the Department of Agriculture without having the right to vote, to be the permanent invitees to the meeting of the Executive Committee.
