Section 7 in The Maharashtra Management of Irrigation Systems by Farmers Rules, 2006
7. Election of Directors of Managing Committee of Water Users' Association at Minor Level.
(1)The Canal Officer shall make arrangements for conduct of elections of the Directors of the Managing Committee of the concerned Water Users' Association at Minor Level including for securing the assistance of various Government agencies as and when required. The procedure for conducting the elections is as specified in Annexure-2.(2)For holding elections of the Managing Committee the area of operation of the Water Users' Association shall be subdivided into three exclusive areas, such as, Head Reach Area, Middle Reach Area and Tail Reach Area which constitute individually as the territorial constituencies for the purpose of elections. The members belonging to these three reaches shall constitute the Head, Middle and Tail reach territorial constituencies for election purposes. The member who has completed eighteen years of age is entitled to vote and the member who has not completed eighteen years of age his guardian shall be eligible to participate in the process of election on behalf of the minor member subject to the provision that a single person shall enjoy only one vote.(3)In the event of non-representation of the Scheduled castes or Scheduled Tribes in the elected Directors of the Managing Committee, the elected Directors shall call for the applications for filling up of two additional posts of Directors from amongst the eligible Scheduled Castes or Scheduled Tribes members residing within the area of operation of the Water Users' Association :Provided that, if there is no availability of a member of the Scheduled Caste or Scheduled Tribe in the entire area of operation of the Water Users' Association then there shall be no nomination to the post of Director and the post shall remain vacant till availability of a Scheduled Caste or Scheduled Tribe member.(4)In the event of non-representation of woman member on any post of Director reserved for the woman member, the elected Directors of the Managing Committee shall call for the applications for filling such post of Director from amongst the eligible women members residing in the territorial constituency to be represented :Provided that, if no application is received from any woman member in the given territorial constituency then the said post of Director reserved for women shall be filled by calling applications from amongst the women members residing in other territorial constituencies of the said Water Users' association :Provided further that, if no application is received from any women member as provided in the first proviso, the post reserved for women shall be filled by nomination of any member by applying the procedure laid down for filling of vacancies in rule 21.(5)The applications under sub-rules (3) and (4) shall be called within a period of seven days from the date of the election of the Chairperson of the Managing Committee of the said Water User's Association. Upon receipt of such applications, the Managing Committee shall convene a meeting within a period of three days from the last date fixed for receipt of the applications. In such meeting the elected Directors of the Managing Committee shall nominate the Scheduled Castes or Scheduled Tribes or women Directors, as the case may be, from amongst the applicants by majority vote.(6)Nominated Directors shall have all the rights of the elected Directors except right to vote in the election of Chairperson and right to contest the election for the post of Chairperson of the Water User's Association.(7)The Election Officer shall call for the applications for the post of two or as the case may be, three Directors, each from Head, Middle and Tail reach territorial constituencies and one post of Director each from Head, Middle, Tail reach territorial constituencies from women members as mentioned in sub-rule (1) of rule 6.(8)For contesting the election from Head or Middle or Tail territorial reach constituency, the member shall be from the particular reach only. Where a landholder or occupier holds or occupies a land situated in the area of operation of more than one territorial reach constituency of the Water Users' Association, such member shall be eligible to contest the election for the post of Director from only one territorial constituency opted by him in the nomination paper submitted to the Election Officer in Form-VI to Annexure-2.(9)The procedure for the conduct of election of the Managing Committee of the Water Users' Association shall be as specified in Annexure-2. While conducting such elections the Canal Officer shall follow the orders or directions issued by the Water Resources Department, from time to time, for fair and free elections.(10)The expenditure on account of holding the very first election to the Managing Committee of the Water Users' Association shall be borne by the State Government. If the election of all the Directors of the Managing Committee of any Water Users' Association is unanimous then the amount equal to an approximate probable expenditure on account of the process of election, shall be paid to the concerned Water Users' Association as a grant from the Government. Such amount of approximate expenditure shall be decided by the Appropriate Authority and it shall be final. However, the expenditure for holding subsequent elections shall be borne by the concerned Water Users' Association.(11)Where due to exceptional circumstances such as scarcity, drought, flood, fire or any other natural calamity or any election programme of the State Legislature or the Parliament or a local authority coinciding with the election programme of any Water Users' Association or such other reasons as, in the opinion of the Appropriate Authority are exceptional and it is not in the public interest to hold elections to any Water Users' Association, the Appropriate Authority may, for reasons to be recorded in writing, by general or special order, postpone the election of any Water Users' Association, for a period not exceeding one year.(12)The Canal Officer may pending election and constitution of a Managing Committee appoint an Ad-hoc Managing Committee having the same structure as provided in rule 6 and the tenure of such Ad-hoc Managing Committee in any case shall not exceed one irrigation year.(13)The provisions of sub-rules (1) to (12) shall mutatis mutandis, apply to the elections of the Managing Committee of the Distributory Level Association, Canal Level Association, Project Level Association and the Lift Irrigation Water Users' Association.
