Section 61

Section 61 of Bihar Irrigation Act. Appointment of Water Committee Viaco (1) After a scheme has come into force under sub-section (1) of section 60, the State Government shall appoint a Water Committee to execute the scheme subject to the superintendence, direction and control of the Canal Officer appointed by the State Government for

Appointment of Water Committee Viaco (1) After a scheme has come into force under sub-section (1) of section 60, the State Government shall appoint a Water Committee to execute the scheme subject to the superintendence, direction and control of the Canal Officer appointed by the State Government for the purpose.

(2) The Water Committee shall consist of five persons or as may be prescribed, appointed from amongst the owners and occupiers of lands included in the scheme.

(3) The members may be appointed by the State Government or any officer thereof duly empowered by it in that behalf.

(4) The members of the Committee shall ordinarily hold office for a period of two years from the date of their appointment.

(5) The members of the Committee shall hold office at the pleasure of the State Government and the State Government may terminate the appointment of all or any of the members of the Committee at any time by an order in writing in that behalf.

(6) The Water Committee may meet from time to time, and may follow such procedure as it deems fit for the transaction, of its business, (7) The Water Committee shall- (a) manage the irrigation work and ensure proper distribution of water to the lands included in the scheme;

(b) decide the crops to be grown during any period or periods according to the provisions of the scheme:

(c) Carry out day to day maintenance and repair of the irrigation work;

(d) maintain the irrigation system of the irrigation work beyond the outlet in a fit state of supply of water;

(e) assist the Canal Officer- (i) in detecting and preventing encroachment on the irrigation work and on the lands appertaining thereto;

(ii) for preventing damage to the irrigation work;

(iii) for repairing any damage caused to the irrigation work;

(f) have power to impose a penalty in the manner prescribed for unauthorised use of water, or use of water out of turn or for growing crops contrary to the provisions of the scheme;

(g) maintain accounts of the amount paid to it in such manner as may be prescribed.

(8) The penalty may consist of a fine not exceeding one thousand rupees.

(9) Any person aggrieved by the decisions of the Water Committee may within thirty days from the date of receipt of the decision of the Water Committee make an appeal to the Canal Officer or any officer duly empowered by the State Government for the purpose.

(10) The State Government may, not later than two years from the date of the order, call for and examine the record of any inquiry or proceeding underlying such order of the Water Committee, or of the officer appointed by it, for the purpose of satisfying itself as to the legality or propriety of any decision or order passed or as to the regularity of the proceeding, and it may pass any order upholding, annulling, modifying or reversing the order of the Water Committee or of any such officer:

Provided that, no order affecting any person shall be made unless such person is given a reasonable opportunity of being heard.

(11) If at any time the State Government is of opinion- (a) that the Water Committee has persistently made default in the performance of the functions imposed on it by or under this Act, or (b) that the circumstances exist which render it necessary in the public interest so to do, the State Government may, by notification, supersede the Water Committee for such period, not exceeding two years as may be specified in the notification :

Provided that before issuing a notification under this sub-section for the reasons mentioned in clause (a), the State Government shall give a reasonable opportunity to the Water Committee to show cause why it should not be superseded and shall consider the explanation and objection, if any, of the Water Committee.

(12) Upon the publication of a notification under sub-section (11) superseding the Water Committee- (a) all the members shall, as from the date of supersession, vacate their offices as such;

(b) all the power, functions and duties which may, by or under this Act, be exercised, performed or discharged by the Water Committee shall, until, the Water Committee is reconstituted under sub-section (13) be exercised, performed or discharged by the Canal Officer as the State Government may direct;

(c) all property owned or controlled by the Water Committee shall until the water Committee is reconstituted under sub-section (13) vest in the State Government.

(13) On the expiration of the period of supersession specified in the notification issued under sub-section (II), the State Government may- (a) extend the period of supersession for such further term, not exceeding six months as it may consider necessary; or (b) reconstitute the Water Committee by fresh appointment, and in such case any person who vacated his office under clause (a) of sub-section (11) shall not be deemed to be disqualified for appointment:

Provided that the State Government may at any time before the expiration of the period of supersession, whether originally superseded under sub-section (11) or as extended under this sub-section, take action under clause (b) of this sub-section. In& CHAPTER XI: WATER RATES AND TOLL

Section 61, Bihar Irrigation Act (Act 11 of 1998).