Maharashtra Water Conservation Corporation Act, 2000 (Act No. 3 of 2001)

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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Maharashtra Water Conservation Corporation Act, 2000 Act 3 of 2001 Keyword(s): Corporation, Irrigation Project, Local Area, Local Body, Managing Director, Member-Secretary, Non-Official Member, Premises, Vice-Chairman • 2001 : Mah. III l THE MAHARASHTRA WATER CONSERVATION CORPORATION ACT, 2000 CONTENTS PREAMBLE SECTIONS. CHAPTER I I'REuMINARY 1. Short title, extent and commencement. 2. Definitions. 3. 4. 5. 6. 7. 8 . 9. 10. 11. 12. 13. 14. CHAPTER II ESTABLISHMENT, CONDUCT OF BUSINESS AND EMPLOYEES OF THE CoRPORATION. Establishment of Maharashtra Water Conservation Corporation. Constitution of Corporation. Executive Committee. Disqualification for being non-official member and removal of such member. Terms of office of member. Meetings of Corporation. Disqualification for participation in proceedings of Corporation or Committee on account of interest. Constitution of Committees. Provision for inviting Officer of Government or local body, etc. Casual vacancy. Act not to be invalidated by vacancy, infirmity, etc. Officers and staff of Corporation. CHAPTER III VESTING OF PROPERTY, ASSETS AND LIABILITIES, AND OBLIGATIONS, AND TRANSFER OF EMPLOYEES. 15. Vesting and transfer of property to Corporation. 16. Decision of disputed properties. 11757 11758 Maharashtra Water Conservation Corporation Act, 2000 17. Deputation of Officers and employees. CHAPI'ER IV F'uNCTIONS AND POWERS OF CORPORATION 18. Fu:rictions of Corporation. 19. General powers of Corporation. CHAPI'ER V AcQDismoN OF LAND 20. Acq).lisition of land. [ 2001 : Mah. III 21. Tratisfer of Government lands to Corporation. 22. Powers of Corporation to dispose of land. CHAPI'ER VI FINANCE, ACCOUNTS AND Aumr 23. Application of Corporation's Assets, etc. ' 24. Funid of Corporation. 25. Contribution of Government to Corporation Fund. 26. Gramts, subventions, loans and advances to Corporation. 27. Powers of Corporation to borrow. 28. Acceptance of deposits by Corporation. 29. 30. Powers to spend. i Reserve and other Funds. 31. Submission of budget of Corporation. 32. San<;tion of Budget Estimates. 33. Government as guarantor. 34. Disposal of profits and deficits. 35. lntet-est charges and other expenses to be added to and : receipts taken for reduction of capital cost. 36. Depteciation Fund. 37. App~rtionment of betterment charges levied by State Government. 38. Financial Statement and programme of work. 39. Accounts and Audit. 40. Con~urrent and special audit of accounts. • • 2001 : Mah. III l Maharashtra Water Conservation Corporation Act, 2000 CHAPTER VII MrscEUANE0USAND SVPPlEMENTARY PRovJsroNS 41. Furnishing of annual reports and ret urns, etc. 42. Execution of contract, etc. 43. General penalty. 44. Power of entry. 45. Dues to be recovered as an arrear o f land revenue. 46. Service of notice, etc. 47. Public notice to be made known. 48. Default in performance of duty. 49. Offences by companies. 50. Authority for prosecution. 51. Compounding of offences by Corpora tion. 52. Penalty for obstruction. 53. Delegation of powers of Corporation. 54. Protection of action taken in good fa ith. 55. Chairman, Executive Director, memb ers and officers, etc. to be public servants. 56. Effect of provisions inconsistent with other laws. 57. Power to make rules. 58. Power to make regulations. 59. Power to remove doubts and difficu lties . 60. Dissolution of Corporation. 61. Repeal of Mah. Ord. XIII of 2000 a nd saving. 11759 • MAHARASHTRAACT No. III OF 20011• i'I'HE: MAfIARAsHmA WA'IER CoNSERVA'UONCoRPORATION Acr, 2000.] (This Act received the assent of the Governor on the 1st January 2001; assent was first published in the Maharashtra Government Gazette, Extraordinary, Part IV, on the 2nd January 2001.) Amended by Mah. 20 of 2001 *(12-2-2001)t An Act to make special provisions for promotion, operation and rapid development and regulation of watershed and water conservation works, including social forestry and irrigation projects in the State of Maharashtra by establishing the Water Conservation Corporation. WHEREAS it was expedient to make special provisions for promotion, operation and rapid development and regulation of watersheds and water conservation works including social forestry and the irrigation projects in the State of Maharashtra and other matters connected therewith, by establishing the Maharashtra Water Conservation Corporation; AND WHEREAS it was considered necessary to immediately make a law for the same ; AND WHEREAS both Houses of the State Legislature were not in session ; AND WHEREAS the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him Mah, to take immediate action to make a law for the purposes ~ aforesaid and, therefore, promulgated the Maharashtra Water of Conservation Corporation Ordinance, 2000, on the 22nd 2000. August 2000 ; AND WHEREAS it is expedient to replace the said Ordinance by an Act of State Legislature ; It is hereby enacted in the Fifty-first Year of the Republic of India, as follows: CHAPTER I 11761 PRELIMINARY 1. (1) This Act may be called the Conservation Corporation Act, 2000. Maharashtra Water Short title, extent and commence ment. 1 · For Statement of Objects and Reasons, see Maharashtra Government Gazette, 2000, Part V-A, Extraordinary, dated the 30th November 2000, Page 512. * Maharashtra Ordinance No.8 of2001 was repealed by Mah. 20 of 2001. t This indicates the date of commencement of Act. 11762 Definitions. Maharashtra Water Co,;,servati;n [ 2001: Mah. III Corporation Act, 2000 (2) It shall extend to the whole of the State of Maharashtra excluding thf notified cantonment and urban areas, but shall cover irrigat~on project schemes having irrigable command area upto 250 heetares. (3) It shall be deemed to have come into force on the 22nd August 2000. ' 2. In thi~ Act, unless the context otherwise requires, (a) "by~-laws" means bye-laws made under this Act; (b) " Ch/l.irman " means the Chairman of the Maharashtra Water C01p.servation Corporation ; (c) "Coirporation" means the Maharashtra Water Conservat~on Corporation established under section 3 ; • (d) "Irrigation Project" means Minor Irrigation Project or Schem~ having irrigable command area upto 250 hectares and shall I include command area development and other allied actiivities ; (e) "L0Ja1 Area" means the area falling within the jurisdiction of a local body ; I ({) "loc~tl body" means a Zilla Parishad, or Panchayat Samiti or Village Panchayat established under the relevant law for the time being in force ; (g) "Mainaging Director" means the executive head who is an employee of the Corporation and whose appointment is made by the State Government but, who receives remuneration from the Corporation Fund for the services rendered j (h) "member" means a member of the Corpora,tion and includes 'the Chairman and Vice-Chairman of the Corporation ; • (i) "Member-Secretary" means the Member-Secretary of the Corporation ; (j) "Non-official Member" means a member not being an ex officio ilnember ; I (k) " Premises " means any land or building or any part of a building'; · (l) " prescribed " means prescribed by rules made under this Act; (m) " regulations "means the regulations made under this Act ; (n) "rules" means rules made under this Act,; I (o) "Stl:1'te Government" or "Government" means the Government of Maharashtra. (p) "Viqe-Chairman" means the Vice-Chairman of the Maharash!tra Water Conservation Corporation. 2001: Mah. III J Maharashtra Water Conservation Corporation Act, 2000 CHAPTER II EkrABLISHMENT, CONDUCT OF BUSINE'lSAND EMPLOYEES OF THE CoRroRATION 11763 3. (1) The State Government shall, by. notification in the Establish Official Gazette, establish for the purpose of this Act, a ment of Corporati?n to be called the Maharashtra Water Conservation ~tra Corporation. Conservation (2) The Corporation established under sub-section (1) shall Corporation. be a body corporate having perpetual succession and a common seal, with powers, subject to the provisions of this Act, to acquire, hold or dispose of property, both movable and immovable, and to contract, and may sue or be sued by its corporate name. (3) The Head Office of the Corporation shall be at Aurangabad. 4. (1) The Corporation shall consist of the following Constitution men1bers, namely :- of (a) (b) (c) (d) (e) (f) (g) (h) (i) Minister for Water Conservation Minister of State for Water Conservation Minister for Agriculture Minister for Irrigation Secretary to Government Finance Department Secretary to Government Planning Department Secretary to Government Forests Department Secretary to Government Agriculture Department Secretary to Government Irrigation Department Ex Officio Chairman; Ex Officio Vice-Chairman; Ex Officio Member; Ex Officio Member; Ex Officio Member; Ex Officio Member; Ex Officio Member; Ex Officio Member; Ex Officio Member; (j) Secretary to Government, Ex Officio Member; Water Conservation Department/ Employment Guarantee Scheme. (k) Secretary to Government, Ex Officio Member; Rural Development Department. (l) Director, Maharashtra Remote Ex Officio Member; Sensing Application Centre, Nagpur. H 4238-41 Corporation. 11764 Executive Committee. Maharashtra Water Conservation Corporation Act, 2000 [ 2001 : Mah. III (m) Diredtor, Ground Water Surveys Ex Officio Member; and :pevelopment Agency, Fune. (n) Managing Director Ex Officio Member; (o) five members, '[including one woman) to be nominated by the State Government, from amongst the members of thf Maharashtra Legislative Assembly ; (p) two Qiembers, to be nominated by the State Government, from jamongst the members of the Maharashtra Legis lativl!' Council ; (q) one Qiember, to be nominated by the State Government, havirig special knowledge or practical experience in the field of Irrigation ; • (r) one member, to be nominated by the State Government, having special knowledge in the field of Finance; (s) the Member-Secretary to .be appointed by the State Govetnment but he shall have no right to vote. (2) Notwlithstanding anything contained in this Act, from the date of qoming into force of this Act, all the powers, duties and functions of the Corporation shall, at any time, be exercised, p(J)rformed and discharged by the ex offcio members, who are for the time being holding offices specified in clauses (a) to (n) of sub-section (1), and the Corporation shall be deemed to have been validly constituted, even though all or any of the other members may or may not have been appointed for the time being. (3) Appoihtments made, from time to time, as members un- der clau$es (o), (p), (q), (r) and (s) of sub-section (1) shall be published in the Official Gazette. (4) The members of the Corporation nominated under clauses (o), (p), (q) and (r) of sub-section (1) shall receive such fees and allowances as may be laid down by the regulations. 5. (1) There shall be an Executive Committee 2 [consisting of the Chaitman of the Corporation as the Chairperson, the Vice-Chairman of the Corporation as the Vice-Chairperson and the following members), namely : (a) Managing Director of the 3 ( Member-Secretary ) Corporation (b) Chief Engineer, Inigation (I,ocal Sector), Fune 1 These words! were inserted by Mah. 20 of 2001, s.2. Member; 2 rrhese words were substituted for the words "consisting of the following members" ibid., s. 3(a.). 3 These words were substituted for the words "Chairman" ibid., s. 3(b ). • • 2001 : Mah. III l Maharashtra Water Conservation Corporation Act, 2000 (c) Director, Soil Conservation and Watershed Management, Pune (d) Director, Social Forestry, Pune (e) Chief Accounts and Audit Officer of the Corporation. Member; Member; Member; (2) The appointment of Managing Director and Chief Accounts and Audit Officer shall be made by the State Government on such terms and conditions as it may think fit. (3) The powers, functions and duties of the Executive Committee shall be such as laid down by regulations. 11765 6. (1) A person shall be disqualified for being appointed or Disqua lification continued as non-official member, if he for being (a) has been convicted of an offence involving moral non-official member turpitude; (b) is an undischarged insolvent; (c) is of unsound mind and stands so declared by the competent Court ; (d) holds, except as provided in section 7, any office of profit under the Corporation ; (e) has directly or indirectly by himself or by any partner, employer or employee, any share or interest, whether pecuniary or of any other nature, in any contract or employement with, by or on behalf of the Corporation ; or (/) is a Director, Secretary, Manager or other officer of any company, which has any share or interest in any contract or employment with, by or on behalf of the Corporation : Provided that, a person shall not be disqualified under clause (e) or clause (f) by reason only of his or the company of which he is a Director, Secretary, Manager or other Officer, is having a share or interest in ( i) any sale, purchase, lease or exchange of the immovable property or any agreement for the same ; (ii) any agreement for loan of money or any security for payment of money only ; (iii) any newspaper in which any advertisement relating to the affairs of the Corporation is published ; H 4238-4la and remo val of such mem-ber. 11766 Maharashtra Water Conservation [ 2001: Mah. III Corporation Act, 2000 (iv) t,he occasional sale to the Corporation upto value not excieeding ten thousand rupees in one year of any article in whi~h he or the company regularly trades. (2) The Government may remove from the Corporation any non-official member nominated by the Government, who in its opinion, • (a) ha$ been disqualified under sub-section (1); (b) re4ses to act ; (c) ha~ so abused his position as a member as to render his continuance on the Corporation detrimental to the interest ~f the public ; or • (d) is otherwise unsuitable to continue as a member. (3) No order of removal under sub-section (2) shall be made unless the j:lon-official member has been given an opportunity to submit q'is explanation to the Government, and when such order is pafsed the office of the member so removed shall be deemed to be vacant. (4) A mepiber who has been so removed under sub-section (3) shall not be eligible for re-appointment as a member or in any other dapacity on the Corporation. Termof 7. (1) A person appointed as member under clauses (o), office of (p ), (q) and (r) of sub-section (1) of section 4 shall hold the office member. for two yeats from the date of his appointment unless the term of office· is determined earlier by the State Government,, by notification in the Official Gazette : Provided that, the members of the Maharashtra State Legislature; shall cease to be the members of the Corporation • if they cease to be the members of the Maharashtra State Legisla turEj. (2) The Member-Secretary shall hold office for such period and receive: such remuneration as the State Government may, by order, sl}ecify. I (3) The 1t1embers may be eligible for re-appointment. (4) Any $ember may at any time resign his office by writing under his lii.and addressed to the State Government and, on such resignation being accepted, he shall be deemed to have vacated his office. Meetings of 8. (1) TJiie Corporation shall meet at such times and places Corporation. as the Chairman may decide and observe such rules of procedure ih regard to transaction of business at the meetings (including I the quorum thereoO, as may be laid down by regulationJ : • 2001 : Mah. III l Maharashtra Water Conservation Corporation Act, 2000 Provided that, at least one meeting shall be held in every two calendar months in such a manner so as to ensure that not more than sixty days intervene between the two meetings. (2) The Chairman or, in absence of the Chairman, the Vice Chairman, shall preside over every meeting of the Corporation. If, for any reason, the Chairman and the Vice-Chairman are unable to attend any meeting, the meeting shall be presided over by the senior most member Minister, present in the meeting. (3) All proceedings of the Corporation shall be authenticated by the Chairman and all orders and instruments of the ·corporation shall be authenticated by the Managing Director or any other Officer of the Corporation as may be authorised in this behalf, by regulations. 11767 9. (1) A member who is directly or indirectly concerned or Di,qualificatic interested in any contract, loan, arrangement or proposal for entered into or proposed to be entered into, by or on behalf of participation the Corporation, shall at the earliest possible opportunity, in . disclose the nature of his interest to the Corporation, and shall p;ocecdmgs not be present at any meeting of the Corporation when any 0 Corporation such contract, loan, arrengement or proposal is discussed, or unless his presence is required by the other members for the Committee purpose of eliciting information, but no member so required of interest. to be present shall vote on any such contract, loan, arrangement or proposal. (2) If any member of the Corporation or of a Committee appointed by the Corporation has directly or indirectly an interest in any area in which it is proposed to acquire land for any of the purposes of this Act, he shall not take part in any meeting of the Corporation or Committee thereof in which any matter relating to such land is considered. (3) Nothing in sub-section (1) or (2) shall prevent any member of the Corporation or a Committee thereof from voting on, or taking part in, the discussion of any resolution or question relating to any subject other than the subject referred to in the said sub-sections : Provided that, a member shall not be deemed to be concerned or interested as aforesaid by reason only of his being a share holder of the company concerned in any such contract, loan, arrangement or proposal. 10. The Corporation may, from time to time, constitute a committee or committees out of its members consisting of such number of them as it may think proper, and may delegate to such committee such powers of the Corporation as it may deem fit for carrying out the purposes of this Act. Constitution of Committees. 11768 Maharashtra Water Conservation Corporation Act, 2000 [ 2001: Mah. III Provisi 11. (1) The Corporation or any of its Committees may forinvi~ invite any officer of the Central Government, State Government, Officer of local body or any Organisation of any persons to attend its Government meeting ~r meetings as a special invitee for the purpose of or local assisting pr advising it on any matter or matters. The Officers body, etc. so invited may take part in the proceedings but, shall have no right to vote. Casual vancancy. Act not be invalidatoo byvacancy, infirmity, etc. (2) The Officer so invited shall be entitled to receive such honorari1i1m or compensatory allowance for the purpose of meeting the personal expenditure in attending the meetings of the Corporation or its Committee as the Corporation may determine, from time to time. 12. A$.y vacancy of member of the Corporation shall be filled as early as practicable, in like manner as if the appointment was being made for the first time. 13. No act done or proceedings taken under this Act by the Corporation or any Committee appointed by the Corporation shall be invalidated merely on the grounds of, (a) ~ny vacancy of a member or any defect in the consti~ution or reconstitution of the Corporation or Committee thereof; or (b) a~y defect or irregularity in the appointment as a member of the Corporation or of a Committee thereof; (c) any defect or irregularity in such act or proceedings, not affecting the substance. Officers 14. (a) The Corporation may with the prior approval of the and staff of State Government appoint such other Officers and staff as it Corporation. considers i necessary for the efficient performance of its duties and dischiarge of its functions. • (b) The conditions of appointment of the Officers and servants may be laid down from time to time, by regulations. (c) Subject to the superintendence of the Corporation, the Managing Director shall supervise and control all its Officers and employees including any Officers of Government appointed on deputation to the Corporation. CHAPTER III VESTING OF PROPERTY, AssErs AND LIABILIT1ES, AND 0BUGATIONS, AND 'I'RANsFER OF ElVIPLOYEES Vestingand 15. (1) From such date as may be specified, from time to transfer of time, by the State Government (hereinafter in this section property to referred to as "the appointed date"),. Corporation. (a) the properties and assets comprising movables and immoviltbles including irrigation projects or soil conservation • 2001 : Mah. III l Maharashtra Water Conservation Corporation Act, 2000 works, social forestry works, works under construction and management of completed schemes, specified in that behalf, situated in the area of operation of the Corporation, which immediately before the appointed date vested in the State Government or local bodies and were under the control of the Water Conservation Department or local bodies, shall vest in and stand transferred to the Corporation, and all income derived and expenses incurred in that behalf be brought on books of the Corporation ; and (b) the rights, liablities and obligations of the State Government or local bodies, whether arising out of any contract or otherwise pertaining to the said projects of the State Government or local bodies, shall be deemed to be the rights, liabilities and obligations of the Corporation .. (2) Such properties, assets, rights, liabilities and obligations shall be valued in such manner as the State Government may determine. (3) All suits and other legal proceedings with respect to any scheme for the development of irrigation projects, soil conservation works, social forestry works entrusted to the Corporation, instituted or defended by or against the State Government before the appointed date may be continued, or instituted, or defended by or against the Corporation. 16. Where any doubt or dispute arises as to whether any property or assets has vested in the Corporation under section 15 or any rights, liabilities or obligations have become the rights, liabilities or obligations of the Corporation under that section, such doubt or dispute shall be referred to the State Government, whose decision shall be final. 17. (1) Where on account of conferment of any powers, duties and functions on the Corporation by or under this Act, in the opinion of the State Government, any employee in the field or establishments, that is, Officers and employees belonging to technical staff as well as ministerial and non ministerial staff (permanent, regular, temporary, converted regular permanent, temporary and daily wages) in the Water Conservation Department on the date specified by the State Government engaged in the fields of planning, investigation, design, construction, management, land development on the State sector, irrigation projects, soil conservation works, social forestry works, have been rendered surplus or are likely to be rendered surplus wholly or partially to the requirements of the State Government, or where the services of such officers and servants arc required by the Corporation for efficient exercise of its powers, perforn1ance of its duties or discharge 11769 D~sionof disputro properties. Deputation of Officers and employees. 11770 Maharashtra Water Conservation [ 2001 : Mah. III Corporation Act, 2000 of its functions, the State Government, the Head of Department of the State! Government or any officer authorized by the State Governme:nlt in this behalf may, from time to time, having regard to t!J,e neccessity therefor, by order depute such officers or employees to the Corporation and the Corporation shall take them dver and employ them on deputation, subject to the provisions df this section. (2) The period of deputation of any such employee to the Corporation shall be five years except when any such person is required to ibe repatriated on the grounds, such as promotion, reversion, ttrmination or superannuation or any other reason as may be ¥rected by the State Government. After the expiry • of the peridd of deputation, he shall stand repatriated to the service under the State Government. (3) All the permanent and regular temporary permanent employees of the said establishment transferred on deputation to the Corporation, under sub-section (2) shall have a lien on their posts tn the service under the State Government and the period of t~eir service under the Corporation shall, on their repatriation to the service under the State Government, be counted for their increments, pension and other matters relating to their service. (4) The Corporation shall have the authority to transfer the Officers and staff members within the area of operation of the Corporatioµ : ' Providedlthat, except in the case of the officers of the rank of Executive ~ngineers and other officers in the scale of Executive Engineers and above, the orders of the transfers shall be effected only after the approval of State Government. (5) No eJ:1I1ployee on deputation to the Corporation shall be entitled to 1any deputation allowance. (6) The ~alaries and allowances of employees on deputation of the Corrioration shall be paid from the Corporation Fund. (7) Save as otherwise provided in this section, the terms and conditions of services of employees on deputation to the Corporati~n shall not be less advantageous than those applicable ito them immediately before deputation and shall not be varied to their disadvantage except with the previous sanction of1 the State Government. 2001 : Mah. III l Maharashtra Water Conservation Corporation Act, 2000 CHAPTER IV F'uNCTIONS AND POWERS OF CORPORATION 11771 18. The functions of the Corporation shall be as follows, Functions namely:- of Corporation. (a) to prepare, promote, execute, and finance the schemes 1[including the schemes upto 100 hectares of Zilla Parishad;) for water conservation, irrigation, soil conservation, watershed management, social forestry 2 [works of saline and alkaline land and construction of flood protection walls) in conformity with the published policies of the State Government ; (b) to render all necessary services in regard to water conservation, irrigation, soil conservation, watershed management, social forestry and works of saline and alkaline land to the State Government, local bodies and on the request to provide se vices, on payment, to institution or individuals also ; (c) to prepare draft State plans for water conservation, irrigation, soil conservation, watershed management, social forestry in conformity with the directions of the State Government ; (d) to review and advise on the taxes and fees, water rates etc., to be levied on the farmers benefited due to recharge of wells located in the watersheds which is developed under any watershed development scheme implemented in the areas of the Corporation and local bodies which have entered into agreement with the Corporation ; (e) to assess the requirement of materials, and arrange for their procurement and utilization ; (f) to assess the requirement of manpower and training in relation to water conservation and all other related activities in the State ; (g) to carry out applied research for efficient discharge of the duties and functions of the Corporation ; (h) to plan, investigate, design, construct and manage the water conservation projects in the watersheds ; (i) to enter into contract in respect of the works in any other matters transferred to the Corporation along with assets and liabilities under this Act; 1 These words were inserted by Mah 20 of 2001, s.4. 1 These words were substituted for the words " and works of saline and alkaline land" ibid., s. 4. H 4238-42 11772 , Maharashtra Water Conservation [ 2001: Mah. III Corporation Act, 2000 (j) to ~nvite tenders, bids, offers and enter into contracts for the 1imrposes of activities of the Corporation ; (k) to, promote participation of any person or body or association of individuals, whether incorporated or not, in planning, investigation, designing, construction and manage~ent of watershed development projects ; (l) to 1undertake schemes or works, either jointly with otner cof;;orate i.•u~:•t" v, iu1,titutions, with the Government or local I bodies or on agency basis in furtherance of the purpose~ for which the Corporation is established and all matters !connected therewith; (m) t~ promote irrigation related activities such as fisheriesl pisciculture, floriculture, horticulture, sericulture, etc; (n) tol prepare annual plan and five-year working developrpent plan ; (o) to ~repare annual budget; (p) to 1 1undertake any other activities including the works under Erp.ployment Guarantee Scheme entrusted by the State Govern:n:p.ent in furtherance of the objectives for which the Corporation is established. General 19. (1) 'The Corporation shall have the powers to accord powers of administrative approval, revise administrative approval, Corporation. technical s{nction, acceptance of all tenders, sanctioning the budget an making financial provisions, settling disputes arising ou of contracts and any other thing which may be necessary r expedient for the purposes of carrying out its functions tjnder this Act. (2) Without prejudice to the generality of the foregoing provisions, such powers shall include the power (a) to ~nspect and issue directions for implementations of measuris, as may be, in respect of all work of water conservftion, watershed management, social forestry, executedi by the Corporation, including those works which are undf1r the control of local bodies; (b) to ,obtain periodic or specific information from any local bodt and operating agency as the Corporation may deem necessary; (c) to provide training for its own personnel as well as employe~s of local bodies ; I (d) to lay down the schedule of fees and other charges of all kinds iof services rendered by the Corporation to the State Governrrtent, local bodies, institutions or individuals ; • 2001 : Mah. III J Maharashtra Water Conservation Corporation Act, 2000 (e) to acquire, to hold property both movable and immovable as the Corporation may deem necessary for the performance of any of its functions, duties, activities and to lease, sell, exchange or otherwise transfer any property held by it on such conditions as may be deemed proper by the Corporation ; (f) to stock its reservoir or water courses with fish, to sell fish or· fishing rights and prohibit taking out fish from the water under its control ; · (g) to assist in the establishment of water users association and other organizations formed under the Maharashtra Co-operative Societies Act, 1960 for the better use of facilities made available by the Corporation ; (h) to engage suitable consultant or person having special knowledge or skill to assist the Corporation in the performance of its functions ; (i) to .do all such other things and perform such acts as may be necessary for, or incidental or conducive to any matters which are necessary for the furtherance of the objectives for which Corporation has been established. CHAPTER V ACQUISITION OF. LAND 11773 Mah.XXIV of1961. 20. The State Government may for carrying out the Acquisition I of purposes of this Act, compulsorily acquire land under the Land ofland. 189!. Acquisition Act, 1894, and the acquisition of any land for any of the said purposes shall be deemed to be a public purpose within the meaning of that Act. 21. (1) For the furtherance of the object of this Act, the State Government may by notification in the Official Gazette, upon such conditions as may be agreed upon between the Government and the Corporation, place at the disposal of the Corporation any land vested in the Government : Provided that, the State Government shall not place at the disposal of the Corporation any lands which are notified and included in a reserved forest. (2) After any such land has been so placed at the disposal of the Corporation it shall be dealt with by the Corporation in accordance with the provisions of this Act, and directions, if any, given by the State Government in this behalf. (3) If any land placed at the disposal of the Corporation under sub-section (1) is not required by the Corporation, the State Government, may ask the Corporation to return it to the State Government upon such terms and conditions as may be mutually agreed upon.· H 4238-42a Transfer of Government land to Corporation. 11774 Powers of Corporation to clispose ofland. Maharashtra Water Conservation Corporation Act, 2000 [ 2001: Mah. III 22. Suoject to any rules made by the State Government under thi:!; Act, the Corporation may retain, lease, sell, exchange ~r othewise dispose of any land, any building or property viested in it, in such manner as it thinks fit for carrying Olft the purposes of this Act. CHAPTER VI F'rNANCE,ACCOUNISANDAurnr Application 23. All the property, fund and other assets vesting in the O:,q,oratiori[ Corporatihn shall be held and applied by it for the Assets etc. purposes of this Act. I Fundof 24. (1) tt'he Corporation shall have and maintain its own Corporation. Fund, to wih.ich shall be credited (a) all, the money received by the Corporation from the State Gci>vernment by way of grants, subventions, loans, advances and the loans raised under this Act ; (b) aU money received by the Corporation from the disposal 1of lands, buildings and other properties moveable or immovable and other transactions ; (c) all money received by the Corporation by way of rents and profits or from any other source. (2) The Corporation may keep current and deposit account with the State Bank of India or any other bank approved by the State Government in this behalf. (8) Such: accounts shall be operated by such officers of the Corporatiorjt as may be authoriesd by it in this behalf. • (4) Notw~thstanding anything contained in sub-sections (2) and (8), the!Corporation may keep on hand such sum as it thinks fit for its day to day transactions, subject to such limits and conditions, :as may be prescribed. Contribution 25. (1) The State Government shall, by appropriation duly of made in this behalf, from time to time, provide an Governme: aggregate sium of Rs. 2000 crore to the Corporation Fund as its Corporation share of ~apital required by the Corporation for the Fund. performanc~ of the functions of the Corporation under this Act and such cbntribution shall be paid in suitable instalments spread over a period of five years from the date of establishment of the Corporation : Provi4ed that, the State Government shall, by appropriatipn duly made in this behalf, initially contribute and pay a sum of Rs. 500 crore to the Corporation Fund : 2001 : Mah. III l Maharashtra Water Conservation Corporation Act, 2000 Provided further that, the contribution made by the Government shall be exclusive of the expenditure incurred by the Government for and in connection with, establishment of the Corporation. (2) The capital provided by the State Government shall not carry any interest. 11775 26. The State Government may, after due appropriation Grants, made by the State Legislature by law in this behalf, make such subventions, grants, subventions, loans and advances to the lodans and . . a vances to Corporation as 1t may deem necessary for the perforn1ance of Corporation. the functions of the Corporation under this Act ; and all grants, subventions, loans and advances made shall be on such terms and conditions as the State Government may determine. 27. (1) The Corporation may, subject to such conditions, as may be prescribed in this behalf , borrow money from the financial institutions or Non-Resident Indians or from the open market by issue of guaranteed or unguaranteed bonds, debentures, stocks or term deposits, bill discounting or otherwise, for the purpose of providing itself with adequate resources. (2) The maximum amount which the Corporation may, at any time, have on loan under sub-section (1) shall not exceed rupees one thousand crore, unless the State Government fixes a higher maximum limit for this purpose. 28. The Corporation may accept on such conditions as may deemed fit from the persons, authorities, to whom allotment or sale of land or building or fishing rights is made or is likely to be made in furtherance of the objects of this Act. 29. (1) The Corporation shall have the authority to spend such sums as it thinks fit for the purposes authorised under this Act from and out of the Fund of Corporation referred to in section 24 or from the Reserve and other Funds referred to in section 30, as the case may be. (2) It shall be competent for the Corporation to spend such sums as it thinks fit also on objects authorised under this Act other than the water conservation projects and such sums shall be treated as common expenditure payable out of the Fund of the Corporation. 30. (1) The Corporation shall make provisions for such Reserve and other specially denominated Funds as the State Government may, from time to time, direct. Powers of Corporation to borrow. Acceptance of deposits by Corporation. Powers to spend: Reserve and other Funds. 11776 Maharashtra Water Conservation Corporation Act, 2000 [ 2001 : Mah. III (2) The: management of the funds referred to in sub section (l)j the sums to be transferred, from time to time, to the credit thereof and the application of money comprised therein shall, subject to the directions, if any, issued by the State Go~ernment in this behalf, be determined by the Corporatidn. I Submission 31. (1) IT'he Managing Director of the Corporation shall at ofbudg:~ a special $eeting to be held in the month of October in each Corporation. year, lay l:iefore the Corporation, the budget estimates of the Corporatioh for the next year. (2) Every such budget estimates shall be prepared in such form as tlJ.e State Government may, from time to time, by order, det~rmine and shall provide for 1 (i) thj:) proposals, plans and projects which the Corporation proposes to execute either in part or in whole during the next year ; (ii) the due fulfillment of all the liabilities of the Corporation; and (iii) tll.e implementation of the provisions of this Act ; and such estimates shall contain a Statement showing the estimatdd income and expenditure on capital and revenue account~ for the next year and such other particulars, indicating the financial performance of the Corporation, as the Stat13 Government may direct. The budget shall clearly reveal tlp.e financial outlay and performance. Sanction of 32. Th~ Corporation shall consider the budget estimates Budget · Estimates. submitted to it under section 31 and approve the same with or without modifications on or before such date as the State Governmerh.t may, from time to time, determine. Government 33. The State Government may guarantee the repayment as guarantor. of any loams or debentures and payment of interest on all or Disposal of profits and deficits. any of the loans or debentures given or transferred to the Corporatidn. I 34. U)i Subject to the provisions of sub-section (2) of section 36 i of this Act, the net profit, if any, attributable to each of th1 objects shall be fully credited to the Corporation. (2) The het deficit, if any, in respect of the objects shall be solely borne by the State Government. • 2001 : Mah. III I Maharashtra Water Conservation Corporation Act, 2000 35. (1) The interest charges and all other expenditure shall be added to the capital cost ·and all receipts shall be taken in reduction of such capital cost, if the Corporation is in deficit. 11777 Interest charges and other expenses to be added to and receipts taken for reduction of capital cost. 36. (1) The Corporation may make prov1s10n for Depreciation Depreciation Fund at such rate and on such terms as may be Fund. specified by the Comptroller and Auditor General of India, in consultation with the State Government. (2) The net profit for the purpose of section 34 shall be determined after such provision has been made. 37. In the event of any betterment charges being imposed by the State Government, the proceeds thereof in so far as they are attributable to the operations of the Corporation, shall be credited to the Corporation. 38. (1) The Corporation shall, by such date in each financial year as may be prescribed, prepare and submit to the State Government for approval an Annual Financial Statement and the programme of work for the succeeding financial year and the State Government may, approve such financial statement and the programme of work of the Corporation as submitted by the Corporation or with such variations as the State Government thinks fit. (2) The annual financial statement shall show the estimated receipts and expenditure during the succeeding financial year in such form and details as may be prescribed. (3) The Corporation shall be competent to make variations in the approved programme of work in the course of the financial year : Provided that, all such variations and reappropriations out of the sanctioned budget shall be brought to the notice of the State Government by a supplementary financial statement. (4) A copy each of the annual financial statement and the programme of work and the supplementary financial statement, if any, shall be placed before each House of the State Legislature, as soon as may be, after their receipt by the State Government. Apportion ment of betterment charges levied by State Government. Financial Statement and programme of work. 39. (1) The Corporation shall maintain books of account Accounts and other books in relation to the business and transactions in and Audit. such form, and in such manner, as may be prescribed. 11778 , Maharashtra Water Conservation Corporation Act, 2000 . [ 2001: Mah. III (2) The accounts of the Corporation shall be audited by an auditor appointed by the State Government, in consultation with the Comptroller and Auditor General of India. (3) Within nine months from the end of the financial year, the Corporation shall send the copy of the accounts audited together with the copy of the report of the auditor thereon to the State d-overnment. (4) The $tate Government shall cause the accounts of the Corporatiorj. together with the audit report thereon forwarded to it under sub-section (3) to be laid before each House of the State LegiE;lature, as far as possible before the expiry of the year next succeeding the year to which the accounts and the report relate. Concurrent 40. (1) Notwithstanding anything contained in the last and special preceding i:section, the State Government may order that audit of . accounts. there sha 1 be concurrent audit of the accounts of the Furnishing of annual reports and returns, etc. Corporatihn by such person as it thinks fit. The State Government may also direct a special audit to be made by such person as it thinks fit of the accounts of the Corporation relating to any particular transaction or class or series of transactio:qs or to a particular period. (2) Wh~n an order is made under sub-section (1), the Corporatiop shall present or cause to be presented for audit all such aJcounts and shall furnish to the person appointed under sub~section (1) such information as the said person may requiJe for the purpose of audit. CHAPTER VII MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS 41. (1) The Corporation shall prepare and submit to the State Gov,ernment, in such form as may be prescribed, an annual nJport within six months after the end of every financial year of its activities during the previous financial year, with' particular reference to, (a) irrigation and command area development; (b) soH conservation and water conservation; (c) witershed development and management; (d) s~cial forestry ; (e) w:ji ter supply; (f) re~reation facilities ; I (g) use oflands ; • 2001 : Mah. III J Maharashtra Water Conservation Corporation Act, 2000 (h) works of saline and alkaline land ; and (i) other activities of the Corporation. (2) The Corporation shall also furnish to the State Government such returns, statistics, reports, accounts and other information with respect to its conduct of affairs, properties or activities or in regard to any proposed work or scheme as the State Government may, from time to time, require. 11779 42. Every contract or assurance of property on behalf of the Execution Corporation shall be in writing and executed by such authority of ffi . h be .d d b l . contract, etc. or o 1cer 1n sue manner as may provi e y regu at10ns. 43. Whoever contravenes the provisions of this Act or any General rule or regulation made thereunder or fails to comply with any penalty. notice, order or requisition issued under this Act shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both. 44. Any officer or servant of the Corporation generally or Power of specifically authorised by the Corporation may, at all entry. reasonable time, enter upon any land or premises and do such things as may be necessary for the purpose of lawfully carrying out any of its work or of making any survey, examination or investigation, pr.eliminary or incidental to the exercise of powers or the performance of functions by the Corporation under this Act. 45. All sums due or payable by any person to the Dues to be Corporation or recoverable by it on account of any charge, recovered costs, expenses, fees, rent, compensation or on any other :~:r of account under this Act or any rule or regulation made land thereunder or any agreement made with the Corporation and revenue. all charges or expenses incurred in connection therewith shall, without prejudice to any other mode of recovery, be recoverable as an arrear of land revenue. 46. (1) All notices, orders and other documents required by this Act or any rule or regulation made thereunder to be served upon any person shall, save as otherwise provided in this Act or such rule or regulation, be deemed to be duly served 1 of (a) where a person to be served is a company, the service 195B. is effected in accordance with the provisions of section 51 of the Companies Act, 1956 ; H 4238-43 Service of notice, etc. 11780 Maharashtra Water Conservation Corporation Act, 2000 I 2001 : Mah. III (b) where the person to be served is a firm, if the document is addressed to the firm at its principal place of busines$, identifying it by the name and style under which its busi~ess is carried on, and is either, (i) bent under a certificate of posting or by registered post; or (ii) left at the said place of business; (c) where the person to be served is a statutory public body or a corporation or a society or other body, if the docume:l;lt is addressed to the Secretary, Treasurer or other head officer of the body, corporation or society at its principa11 office, and is either (i) sent under a certificate of posting or by registered post; or (ii) left at that office ; (d) ini any other case, if the document is addressed to the person to be served and, (i) ~s given or tendered to him ; or (ii)! if such person cannot be found, is affixed on some conspicuou·s part of his last known place of residence or business or is given· or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building to which it relates ; or · i (iii) is sent under a certificate of posting or by regis~ered post to that person. (2) Aby document which is required or authorised to be • served on the owner or occupier of any land or building may be addri:lssed "the owner" or "the occupier", as the case may be, of that land or building (naming that land or building), name dr description, and shall be deemed to be duly served,+ (a)' if the document so addressed is sent or delivered in accordance with clause (d) of sub-section (1); or (b) I if the document so addressed or a copy thereof so addressed is given or tendered to some person on the land or building or, where there is no person on the land or building to whom it can be delivered, is affixed to some conspicuous part of the land or building. (3) Where a document is served on the firm in accordance with tqis section, the document shall be deemed to be served ~n each partner. • • 2001 : Mah. III J Maharashtra Water Conservation Corporation Act, 2000 (4) For the purpose of enabling any document to be served on the owner of any property, the occupier (if any) of the property may be required by notice in writing by the State Government or the Corporation, as the case may be, to state the name and address of the owner thereof. 47. Every public notice given under this Act or any rule or regulation made thereunder shall be in writing and under the signature of the officer concerned ; and shall be widely made known in the locality or in the farms or estates to be affected thereby, by affixing copies thereof in conspicuous public places, within the said locality or the said farms or estates or by publishing the same by beat of drum or by any other means that the officer may think fit. 48. (1) If the State Government is of the opinion that the Corporation has made a default in the performance of any duty or obligation imposed or cast on it by or under this Act, the State Government may fix a period for the performance of that duty or obligation and give notice to the Corporation accordingly. (2) If the Corporation fails or neglects to perform such duty or obligation within the period so fixed for its performance, it shall be lawful for the State Government, to supersede and reconstitute the Corporation as it deems fit. (3) After the supersession of the Corporation and until it is reconstituted in the manner laid down in Chapter II, the powers, duties and functions of the Corporation under this Act shall be carried on by the State Government or by such officers or body of officers as the State Government may appoint for this purpose, from time to time . (4) All property vested in the Corporation shall, during the period of such supersession, vest in the State Government. 11781 Public notice to be made known. Default in performance of duty. 49. (1) Where an offence under this Act has been Offences by committed by a company, every person who, at the time the companies. offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly : Provided that, nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a H 4238-43a 11782 Authority for prosecu tion. Maharashtra Water Conservation [ 2001 : Mah. III Corporation Act, 2000 company, and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on ;the part of any director, manager, secretary or other officer of the company, such office bearer shall also be deemed to be guilty of that offence and shall be liable to be proceeded ~gainst and punished accordingly. Expla~ation.-For the purpose of this section, (a) "bompany" means a body corporate and includes a firm, an association of persons or body of individuals whether incorporated or not, and (b) "director", in relation to a firm, means a partner in the fi$, and in relation to any association of persons or body of individuals, means any member controlling the affairs I thereof. 50. Unl~ss otherwise expressly provided, no Court shall take cogniz~nce of any offence relating to property belonging to, or vested by or under this Act in the Corporation, punishable under this Act except on the complaint of, or upon informatio:t!l received from the Corporation or some person authorized !by the Corporation by general or special order in this behalf. i Comp ound- 51. (1) fhe Corporation or any person authorized by the offenc';sg :: C orporatioi by general or s?eci~l o:der in this behalf ~ay, Corpora- either beftjre or after the institution of the proceedings, tion. compound lj.ny offence made punishable by or under this Act. Penalty for obstruction. Delegation of powers of Corpora tion. (2) Wher~ an offence has been compounded, the offender if in custody shall be discharged and no further proceedings shall be t!aken against him in respect of the offence compounde~. I 52. Any person who obstructs the entry of a person authorized pnder section 44 to enter into or upon any land or building Olf molests such person after such entry or who obstructs the lawful exercise by him of any power conferred by or under this Act shall, on conviction, be punished with imprisonmfJnt for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. t 53. The Corporation may, with the previous approval of the State vernment, delegate any of its powers under this Act to any~ officer of the State Government or to any of its officers an~ permit them to re-delegate specific powers to their suborclJ.inates, by general or special order in this behalf. • • • 2001 : Mah. III l Maharashtra Water Conservation Corporation Act, 2000 11783 45 of 1860. 54. No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act or rules or regulations made thereunder. 55. The Chairman, Managing Director and Officers and servants on deputation or of the Corporation, as the case may be, shall, while acting or purporting to act in pursuance of any of the provisions of this Act or rules or regulations made thereunder, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code. 56. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law. Protection of action taken in good faith. Chairman, Executive Director, members and officers etc. to be public servants. Effect of provisions · inconsistent with other laws. 57. (1) The State Government may, by notification in the Power to Official Gazette, make rules to carry out the purposes of this make rules. Act. (2) All rules made under thiS' Act shall be subject to the condition of previous publication. (3) Every rule made under this Act shall be laid, as soon as may be, after it is made, before each House of the State Legislature, while it is in session for a total period of thirty days, which may be comprised in one session or in two successive sessions, and if, before expiry of the session in which it is so laid or the session immediately following, both the Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, and notify their decision to that effect in the Official Gazette, the rule shall, from the date of publication of such decision in the Official Gaeette, have effect only in such modified form or be of no effect, as the case may be, so however that, any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule. 58. The Corporation may, with the previous approval of Power to the State Government, make regulations consistent with this make regulations. Act and the rules made thereunder for all or any of the matters to be provided under this Act by regulations and generally for all other matters for which provision is, in the opinion of the Corporation, necessary for the exercise of its powers and the discharge of its functions under this Act. 59. If any doubt or difficulty arises in giving effect to the provisions of this Act the State Government may, by order, make provision or give such direction, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for the removal of the doubt or difficulty : Power to remove doubts and difficulties. 11784 Dissolution of Corpora tion. Maharashtra Water Conservation Corporation Act, 2000 [ 2001: Mah. III Provide4 that, no such order shall be made after the expiry of aj period of two years from the date of commence ment of this Act. 60. (1) Where the State Government is satisfied that the purposes for which the Corporation was established under this Act have been substantially achieved so as to render the continued existence of the Corporation, in the opinion of the State Gov~rnment, unnecessary, the Government may, by notification in the Official Gazette, declare that the Corporatioifi shall be dissolved with effect from such date as may be specified in the notification, and the Corporation shall be deeme<!l. to be dissolved accordingly and upon such dissolution the members (including the Chairman) shall vacate their respective offices. (2) From the said date (a) all properties, funds and dues which are vested in, or realisabltl by, the Corporation shall vest in, or be realisable by, the $tate Government ; (b) al~ liabilities which are enforceable against the Corporation shall be enforceable against the State Government. Repeal of 61. (1) 'The Maharashtra Water Conservation Corpora xi~":r f;0~ tion Ordinance, 2000 is hereby repealed. Mah. Ord. XIII and saving. (2) N otvtithstanding such repeal, anything done or any of action takEjn (including any notification issued or nomination, 2000. appointment or rule made) under the said Ordinance, shall be deemed to have been done, taken or issued, as the case may be, under the corresponding provisions of this Act. • •