DRAINAGE BENEFICIARIES' GROUPS
61. Composition –
1) In every local area, a group of non-elected farmers, who are interested, may undertake voluntary, proactive and self help initiatives in connection with the drainage system;
2) Where not less than two third of the number of the users of the drainage system, whether land owners or leaseholders, agrees to form a DBG, they may apply to the FO;
Provided that if no FO is in place, then the application shall be considered to be an application to form an FO. The application shall be sent to the Regulatory Authority which will register the application.
3) The boundaries of the area of a DBG shall coincide with the catchment area of the drainage system giving the DBG its name and shall be clearly delineated on a topographic map of scale sufficient for the purpose;
62. Registration of a DBG -
1) A DBG shall be constituted by its members.
2) Members of the DBG are the listed agricultural beneficiaries of the drainage system. The list of members is deposited at the FO, which shall issue a certificate of registration to the DBG and such certificate shall be the proof of the DBG's membership of the FO.
3) The FO shall, within sixty days of the receipt of the application under sub-section (2), call a meeting of all the beneficiaries of the drainage system and, if not less than two-third number, thereof consent to the formation of the DBG by a resolution in the meeting, all drainage beneficiaries shall become members of the DBG, notwithstanding the want of consent of the remaining beneficiaries.
4) The FO shall register the DBG in the name of the drainage system by entering in the register to be maintained for this purpose, including particulars as may be specified by the FO.
5) Appeal against the decision of the FO in respect of registration may be made to the Regulatory Authority.
6) The list of members of the DBG shall, in the prescribed manner, be revised annually and kept up-to-date.
63. Organisation of a DBG
1) The Board of the DBG shall consist of not less than three and not more than five members elected from amongst the members of the DBG according to regulations set by the FO.
2) The members of the DBG may agree that one or more officials be appointed to the Board as members without vote.
3) Section 5, sub-section (6) to (8) is mutatis mutandis applicable.
4) A matter shall be deemed to have been approved by the Board, if it is supported by not less than two-thirds in number of the total membership of the listed members of the DBG.
64. Terms and Conditions of Service of Chairman and Members –
1) The first period of tenure after the coming into effect of this Ordinance shall be two years. The periods thereafter shall be four years.
2) The Board shall elect its Chairman, Secretary and Treasurer from amongst its members; provided that the same member may be elected both as Secretary and Treasurer.
3) No elected member of the Board shall serve for more than two consecutive terms on the Board.
4) The Chairman of the Board shall call and preside over the meetings of the Board provided that in his absence an elected member of the Board nominated by the Chairman shall preside over the meeting.
5) The Secretary shall be responsible for recording minutes of the meetings of the Board and of the DBG and for maintaining records in good order at a safe place.
