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State of Odisha - Section

Section 42 in Orissa Pani Panchayat Rules, 2003

42. Election of the Executive Committee, the President, the Secretary and the Treasurer of the Project Committee.

(1)The General Body of the Project Committee shall be formed by all the Presidents, the Secretaries and the Treasurers of the Distributary Committees situated within the Project area.
(2)The Executive Committee of the project Committee shall be formed with nine members who shall be elected from among the members of the General Body.
(3)The election to the Executive Committee, the President, the Secretary and the Treasurer of the Project Committee shall be held in the office of the Project Committee or at such other public place as the Election Authority may determine in the notification under Sub-rule (2) of Rule 38.
(4)The Election Officer within three days of the publication of results of election to all the Distributary Committees situated within the Project area shall issue a notice in plain paper giving clear seven days time to all the members of the General Body of the Project Committee to hold election to elect nine members from among themselves to be the members of the Executive Committee, and the President, the Secretary and the Treasurer of the Project Committee.
(5)The General Body of the Project Committee so called, shall hold its first meeting under the Chairmanship of the Election Officer.
(6)Nomination paper of the candidate for the Executive Committee shall be signed by him expressing his willingness to contest the election which shall be signed by at least two members of the General Body and shall be presented to the Election Officer on the date, time and place specified in the notice.
(7)The Election Officer shall scrutinize the nomination papers, make a list and read out the names of the candidates whose nominations are found valid.
(8)A validly nominated candidate may withdraw his/her candidature by presenting a written application in plain paper to the Election Officer on the spot. After withdrawal of the candidature, the Election Officer shall publish the final list of candidates for the election.
(9)There shall be no election if, after withdrawal of candidature, the number of contesting candidates remains at 9 (nine) or less. No election shall take place unless more than 50 per cent of the members of the General Body are present to cast their votes.
(10)The names of the valid candidates shall be legibly written on the ballot paper in Oriya in the following format :
Sl.No. Name of the candidate with name of father orhusband Symbol
1.2.3.    
(11)Every member present shall be supplied with a ballot paper duly authenticated by the Election Officer, who shall proceed one after another to the place set apart for the voting and secretly place the rubber stamp bearing arrow cross mark against nine candidates/symbols for whom he/she wishes to vote and then fold and deposit the ballot paper in the ballot box placed in the full view of the Election Officer.
(12)Immediately after the voting is over, the Election Officer shall count the votes in presence of the members and record the number of votes secured by each candidate in a plain paper.
(13)The Election Officer shall then declare the first nine candidates who have secured highest number of votes in the descending order and declare them to be elected to the Executive Committee of the Project Committee.
(14)In the event of equality of votes between two or more candidates for the ninth place, the Election Officer shall draw a lot in presence of the candidates. The candidate whose name is first drawn shall be declared as duly elected.
(15)The Election Officer, immediately after election of the members of the Executive Committee, shall take steps for election of the President, Secretary and Treasurer from among the members of the Executive Committee.
(16)The nomination of every candidate shall be made in plain paper. Every nomination paper shall be signed by two members of the Executive Committee as proposer and seconder and the candidate shall also sign expressing his willingness to contest the election to the office of the President/ Secretary/Treasurer as the case may be.
(17)There shall be separate nomination papers for the post of the President, Secretary and Treasurer. The candidate shall present the nomination paper to the Election Officer.
(18)The Election Officer, after receiving the nomination papers during the appointed hour, shall scrutinize them, make a list and read out the names of the candidates whose nominations are found valid.
(19)A validly nominated candidate may withdraw his candidature by presenting a written application in plain paper to the Election Officer on the spot.
(20)After withdrawal of the candidature, the Election Officer shall publish, read out the final list of candidates for the election.
(21)If there are two or more candidates for any of the offices, the election shall be held by secret ballot and vote of the members present at the meeting shall be taken subject to the condition that no election shall take place unless more than 50 per cent of the members of the Executive Committee are present to cast their votes.
(22)The names of the finally published valid candidates for the office of the President, Secretary and Treasurer shall be legibly written on the ballot paper in Oriya in the following format:
Sl.No. Name of the candidate with name of father orhusband Symbol
A. President1.2.    
B. Secretary1.2.    
C. Treasurer1.2.    
(23)Every member of authenticated by the Election Officer, who shall proceed one after another to the place set apart for voting and secretly place the rubber stamp bearing the arrow cross mark against names of the candidates/symbols for whom he/she wishes to vote for the office of the President, Secretary and Treasurer and then fold and deposit the ballot paper in the ballot box placed in full view of the Election Officer.
(24)Immediately after the voting is over, the Election Officer shall count the votes in presence, of the members of the Executive Committee present and record the number of votes secured by each candidate in a plain paper.
(25)After completion of counting the Election Officer shall declare the names of winning candidates to the offices of the President, Secretary and Treasurer who have secured the highest number of votes for each office.
(26)In the event of equality of votes between two or more candidates, the Election Officer shall draw a lot in presence of the candidates. The candidate whose name is first drawn shall be declared as duly elected.
(27)The Election Officer shall prepare a record of the proceedings of the meeting sign it and attest with his initial every correction made therein and permit the members present at the meeting to affix their signature to such record.
(28)The Election Officer shall also notify the names of the winning candidates on the notice board of the Project Committee and forward a copy of the same to the Election Authority the Executive Committee present shall be supplied with a ballot paper duly.Annexure-1Orissa Gazette (Extraordinary)Government of Orissa Department of Water ResourcesResolutionThe 4th December, 1999Subject - Empowering Water User Association with legal rights for management of M.I. Schemes rehabilitated under European Community Assistance (Financing Agreement No.ALA 94/21).In pursuance of the condition of Page 13, Annex. A of the Financing Agreement signed between European Community and Republic of India on the 11th July 1995 at Brussels, the Government of Orissa have been pleased to recognize the Water User Associations as independent legal entitles to manage the stored water and the distribution system.*. The Water User Associations shall be the legally constituted bodies of the water user, farmers council, water management committees etc. for the purpose of management and distribution of water in the canals and water courses below the outlets delegated with functions as decided by the Government of Orissa.*. The minor irrigation schemes to be rehabilitated under the European Community assistance shall serve as models to prove the viability of user run management for other schemes in the Minor Irrigation Sector not covered under this agreement.*. The Provisions made herein can be extended to other M.I. Schemes to be rehabilitated under European Community Assistance. For the other M.I. Schemes not covered under European Community Assistance the same provisions can also be extended*. While the Government of Orissa shall be legally and financially responsible for the safety, security of the project, dams, reservoirs and diversion wears, as the case may be, and maintain them In a timely and efficient manner, the Water User Associations of the rehabilitated schemes in Minor Irrigation will manage the stored water and will be responsible for equitable distribution.*. Full maintenance grant as provided to Minor Irrigation by the Government of Orissa for these schemes shall be deposited annually into the Water User Association's bank account.*. The Government of Orissa will not collect any water tax from the farmers of the schemes to be rehabilitated under the Financing Agreement.The Government of Orissa through the Department of Water Resources and other like department shall provide necessary technical support and advice to the Water User Associations The ownership of all acquired lands, constructed structures and the entire system shall remain with the Government of Orissa. The ownership of the field channels for which the farmers will spare their land and which are to be constructed out of European Community funds and Water User Association contribution will remain with the Water User Association.To meet any eventualities arising out of natural calamity the W.U.As. should arrange an emergency fund by allocating a portion of water charges collected from the farmers.*. The functions delegated by the Government of Orissa after turnover to the legal constituted Water User Associations are as follows-