GOVERNMENT  OF  MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA  ACT  No.  III OF  2001.

THE MAHARASHTRA WATER CONSERVATION

CORPORATION ACT, 2000.

(  As  modified  up  to  the  3rd  December  2012)

*

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2012

[ Price : Rs. 11-00 ]

2001 : Mha. III]

(i)

THE  MAHARASHTRA  WATER  CONSERVATION  CORPORATION ACT,    2000.

PREAMBLE.

SECTIONS.

––––––––

CONTENTS

CHAPTER   I

PRELIMINARY

1.

2.

3.

4.

5.

6.

7.

Short  title,  extent  and  commencement.

Definitions.

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.

8. Meetings  of  Corporation.

Disqualification  for  participation  in  proceedings  of  Corporation  or  Committee
on  account  of  interest.

Constitution  of  Committees.

Provision  for  inviting  Officer  of  Goverment  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.

Vesting  and  transfer  of  property  to  Corporation.

Decision  of  disputed  properties.

Deputation  of  Officers  and  employees.

9.

10.

11.

12.

13.

14.

15.

16.

17.

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The  Maharashtra  Water  Conservation
Corpotation  Act,  2000

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CHAPTER  IV

FUNCTIONS AND  POWERS OF  CORPORATION.

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

31.

32.

33.

34.

35.

36.

37.

38.

39.

40.

Functions  of  Corporation.

General  powers  of  Corporation.

CHAPTER  V

ACQUISITION OF  LAND

Acquisition  of  land.

Transfer  of  Government  lands  to  Corporation.

Powers  of  Corporation  to  dispose  of  land.

CHAPTER  VI

FINANCE,  ACCOUNTS AND  AUDIT

Application  of  Corporation’s  Assets,  etc.

Fund  of  Corporation.

Contribution  of  Government  to  Corporation  Fund.

Grants,  subventions,  loans  and  advances  to  Corporation.

Powers  of  Corporation  to  borrow.

Acceptance  of  deposits  by  Corporation.

Powers  to  spend.

Reserve  and  other  Funds.

Submission  of  budget  of  Corporation.

Sanction  of  Budget  Estimates.

Government  as  guarantor.

Disposal  of  profits  and  deficits.

Interest  charges  and  other  expenses  to  be  added  to  and  receipts  taken  for
reduction  of  capital  cost.

Depreciation  Fund.

Apportionment  of  betterment  charges  levied  by  State  Government.

Financial  Statement  and  programme  of  work.

Accounts  and  Audit.

Concurrent  and  special  audit  of  accounts.

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The  Maharashtra  Water  Conservation
Corpotation  Act,  2000

(iii)

CHAPTER  VII

MISCELLANEOUS AND  SUPPLEMENTARY  PROVISIONS.

Furnishing  of  annual  reports  and  returns,  etc.

Execution  of  contract,  etc.

General  penalty.

Power  of  entry.

Dues  to    be  recovered  as  an  arrear  of  land  revenue.

Service  of  notice,  etc.

Public  notice  to  be  made  known.

Default  in  performance  of  duty.

Offences  by  companies.

Authority  for  prosecution.

Compounding  of  offences  by  Corporation.

Penalty  for  obstruction.

Delegation  of  powers  of  Corporation.

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.

Power  to  make  rules.

Power  to  make  regulations.

Power  to  remove  doubts  and  difficulties.

Dissolution  of  Corporation.

Repeal  of  Mah.  Ord.  XIII  of  2000  and  saving.

41.

42.

43.

44.

45.

46.

47.

48.

49.

50.

51.

52.

53.

54.

55.

56.

57.

58.

59.

60.

61.

                1

MAHARASHTRA  ACT  No.  III  OF  20011.

[THE  MAHARASHTRA WATER  CONSERVATION  CORPORATION ACT,  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  Maharashtra  20  of  2001*(12-2-2001)†

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  to  take  immediate  action  to  make  a  law
for  the  purposes  aforesaid  and,  therefore,  promulgated  the  Maharashtra  Water
Conservation  Corporation  Ordinance,  2000,  on  the  22nd  August,  2000  ;

AND  WHEREAS  it  is  expedient  to  replace  the  said  Ordinance  by  an  Act  of  State
Legislature  ;  It  is  hereble  enacted  in  the  Fifty-first  Year  of  the  Republic  of  India  as
follows  :––

Mah.
Ord..
XIII
o f
2000.

CHAPTER  I

PRELIMINARY

1.

(1) This Act  may  be  called  the  Maharashtra Water  Conservation  Corporation

Act, 2000.

(2) It  shall  extend  to  the  whole  of  the  State  of  Maharashtra  excluding  the  notified
cantonment  and  urban  areas,  but  shall  cover  irrigation  project  schemes  having  irrigable
command  area  upto  250  hectares.

(3) It  shall  be  deemed  to  have  come  into  force  on  the  22nd  August,  2000.

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  of  2001  was  repealed  by  Mah.  20  of  2001.

†  This  indicates  the  date  of  commencement  of  Act.

Short  title,
extent  and
commence-
ment.

2

  Maharashtra  Water  Conservation
Corpotation  Act,  2000

[2001 : Mah. III

Definitions.

2.  In  this  Act,  unless  the  context  otherwise  requires,––

(a) “bye-laws”  means  bye-laws  made  under  this  Act  ;

(b) “Chairman”  means  the  Chairman  of  the  Maharashtra Water  Conservation

Corporation  ;

(c) “Corporation”  means  the  Maharashtra Water  Conservation  Corporation

established  under  section  3  ;

(d) “Irrigation  Project”  means  Minor  Irrigation  Project  or  Scheme  having  irrigable
command  area  upto  250  hectares  and  shall  include  command  area  development  and
other  allied  activities  ;

(e) “Local  Area”  means  the  area  falling  within  the  jurisdiction  of  a  local  body  ;

(f) “local  body”  means  a  Zilla  Parishad,  or  Panchayat  Samiti  or Village  Panchayat

established  under  the  relevant  law  for  the  time  being  in  force  ;

(g) “Managing  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  ;

(h) “member”  means  a  member  of  the  Corporation  and  includes  the  Chairman

and  Vice-Chairman  of  the  Corporation  ;

(i) “Member-Sectetary”  means  the  Member-Secretary  of  the  Corporation  ;

(j) “Non-official  Member”  means  a  member  not  being  an ex  officio  member  ;

(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  ;

(o) “State  Government”  or  “Government”  means  the  Government  of  Maharashtra;

(p) “Vice-Chairman”  means  the Vice-Chairman  of  the  Maharashtra Water

Conservation  Corporation.

CHAPTER  II

ESTABLISHMENT,  CONDUCT OF  BUSINESS AND  EMPLOYEES OF THE  CORPORATION

3.

(1) The  State  Government  shall,  by  notification  in  the Official  Gazette, establish
for  the  purposes  of  this  Act,  a  Corporation  to    be    called  the  Maharashtra  Water
Conservation  Corporation.

(2) The  Corporation    established  under  sub-section  (1)  shall  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.

Establish-
ment  of
Maharashtra
Water
Conservation
Corporation.

2001 : Mah. III]

  Maharashtra  Water  Conservation
Corpotation  Act,  2000

4.  (1) The  Corporation  shall  consist  of  the  following  members,  namely  :––

3

Constitution
o f
Corporation.

(a) Minister  for  Water
Conservation

Ex  Officio  Chairman  ;

(b) Minister  of  State  for  Water  Conservation

Ex  Officio  Vice-Chairman  ;

(c) Minister  for  Agriculture

  (d) Minister  for  Irrigation

  (e)

  (f)

  (g)

  (h)

  (i)

  (j)

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

Secretary  to  Government,
Water  Conservation  Department/
Employment  Guarantee  Scheme.

  (k)

Secretary  to  Government,
Rural  Development  Department.

  (l) Director,  Maharashtra  Remote

Sensing  Application  Centre,
Nagpur.

  (m) Director,  Ground  Water  Surveys
and  Development  Agency,  Pune.

Ex  Officio  Member  ;

Ex  Officio  Member  ;

Ex  Officio  Member  ;

Ex  Officio  Member  ;

Ex  Officio  Member  ;

Ex  Officio  Member  ;

Ex  Officio  Member  ;

Ex  Officio  Member  ;

Ex  Officio  Member  ;

Ex  Officio  Member  ;

Ex  Officio  Member  ;

  (n) Managing  Director

Ex  Officio  Member  ;

  (o)

1[including  one  woman]  to  be  nominated  by  the  State
Government,  from  amongst  the  members  of  the  Maharashtra  Legislative  Assembly  ;

five  members,

(p)

two  members,  to  be  nominated  by  the  State  Government,  from  amongst  the

members  of  the  Maharashtra  Legislative  Council  ;

(q)

one  member,  to  be  nominated  by  the  State  Government,  having  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  Government  but  he  shall

have  no  right  to  vote.

(2) Notwithstanding  anything  contained  in  this  Act,  from  the  date  of  coming  into
force  of  this  Act,  all  the  powers,  duties  and  functions  of  the  Corporation  shall,  at
any  time,  be  exercised,  performed  and  discharged  by  the ex  offcio  members, who  are

1These  words  were  inserted  by  Mah.  20  of  2001,  s.  2.

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Maharashtra  Water  Conservation
Corpotation  Act,  2000
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.

[2001 : Mah. III

(3) Appointments  made,  from  time  to  time,  as  members  under  clauses  (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.

Executive
Committee.

5. (1) There  shall  be  an  Executive  Committee 1[consisting  of  the  Chairman  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

2[Member-Secretary];

Corporation

(b) Chief  Engineer,  Irrigation
(Local  Sector),  Pune

(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  ;

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.

6. (1) A  person  shall  be  disqualified  for  being  appointed  or  continued  as  non-

official  member,  if  he––

(a) has  been  convicted  of  an  offence  involving  moral  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

1 These  words  were  substituted  for  the  words  “consisting  of  the  following  members”, ibid., s.  3(a).
2 These  words  were  substituted  for  the  words  “Chairman”,

ibid., s.  3(b).

Disqua-
lification  for
being  non-
official
member  and
removal  of
such  member.

2001 : Mah. III]

  Maharashtra  Water  Conservation
Corpotation  Act,  2000

5

(f) 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  ;

(iv) the  occasional  sale  to  the  Corporation  upto  value  not  exceeding  ten
thousand  rupees  in  one  year  of  any  article  in  which  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) has  been  disqualified  under  sub-section  (1)  ;

(b) refuses  to  act  ;

(c) has  so  abused    his  position  as  a  member  as  to  render  his  continuance

on  the  Corporation  detrimental  to  the  interest  of  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  non-official
member  has  been  given  an  opportunity  to  submit  his  explanation  to  the  Government,
and  when  such  order  is  passed  the  office  of  the  member  so  removed  shall  be  deemed
to  be  vacant.

(4) A  member  who  has  been  so  removed  under  sub-section  (3)  shall  not  be  eligible

for  re-appointment  as  a  member  or  in  any  other  capacity  on  the  Corporation.

Term  of
office  of
member.

7. (1) A  person  appointed  as  member  under  clauses  (o),  (p),  (q)  and  (r)  of  sub-
section  (1)  of  section  4  shall  hold  the  office  for  two  years  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  Legislature.

(2) The  Member-Secretary  shall  hold  office  for  such  period  and  receive  such

remuneration  as  the  State  Government  may,  by  order,  specify.

(3) The  members  may  be  eligible  for  re-appointment.

H  239-2

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Maharashtra  Water  Conservation
Corpotation  Act,  2000

[2001 : Mah. III

(4) Any  member  may  at  any  time  resign  his  office  by  writing  under  his  hand
addressed  to  the  State  Government  and,  on  such  resignation  being  accepted,  he  shall
be  deemed  to  have  vacated    his  office.

Meetings  of
Corporation.

8. (1) The  Corporation  shall  meet  at  such  times  and  places  as  the  Chairman
may  decide  and  observe  such  rules  of  procedure  in  regard  to  transactions  of
business  at  the  meetings  (including  the  quorum  thereof),  as  may  be  laid  down  by
regulations  :

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.

Disqualification
for
participation
in
procecdings
o f
Corporation
o r
Committee
on  account
of  interest.

9. (1) A  member  who  is  directly  or  indirectly  concerned  or  interested  in  any
contract,  loan,  arrangement  or  proposal  entered  into  or  proposed  to  be  entered  into,
by  or  on  behalf  of    the  Corporation,  shall  at  the  earliest  possible  opportunity,  disclose
the  nature  of    his  interest  to  the  Corporation,  and  shall  not  be  present  at  any  meeting
of  the  Corporation,  and  shall  not  be  present  at  any  meeting  of  the  Corporation  when
any  such  contract,  loan,  arrangement  or  proposal  is  discussed,  unless    his  presence
is  required  by  the  other  members  for  the  purpose  of  eliciting  information,  but  no
member  so  required  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  any  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  consistiong  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
o f
Committees.

2001 : Mah. III]

Maharashtra  Water  Conservation
Corpotation  Act,  2000

7

11. (1) The  Corporation  or  any  of  its  Committees  may  invite  any  officer  of  the
Central  Government,  State  Government,  local  body  or  any  Organisation  of  any  persons
to  attend  its  meeting  or  meetings  as  a  special  invitee  for  the  purpose  of  assisting  or
advising  it  on  any  matter  or  matters.  The  Officer  so  invited  may  take  part  in  the
proceedings  but,  shall  have  no  right  to  vote.

Provision  for
inviting
Officer  of
Government
or  local  body,
etc.

(2) The  Officer  so  invited  shall  be  entitled  to  receive  such  honorarium  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. Any  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.

Casual
vancancy.

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,––

Act  not  be
invalidated
by  vacancy,
infirmity,
etc.

(a) any  vacancy  of  a  member  or  any  defect  in  the  constitution  or  reconstitution

of  the  Corporation  or  Committee  thereof  ;  or

(b) any  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.

14. (a) The  Corporation  may  with  the  prior  approval  of  the  State  Government
appoint  such  other  Officers  and  staff  as  it  considers  necessary  for  the  efficient
performance  of  its  duties  and  discharge  of  its  functions.

Officers  and
staff  of
Corporation.

(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, ASSETS AND  LIABILITIES, AND
OBLIGATIONS, AND TRANSFER OF  EMPLOYEES.

15. (1) From  such  date  as  may  be    specified,  from  time  to  time,  by  the  State

Government  (hereinafter  in  this  section  referred  to  as  “the  appointed  date”),  ––

Vesting  and
transfer  of
property  to
Corporation.

(a) the  properties  and  assets  comprising  movables  and  immovables  including
irrigation  projects  or  soil  conservation  works,  social  forestry  works,  works  under
construction  and  management  of  completed  schemes,  specified  in  that  behalf,

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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,  liabilities  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.

Decision  of
disputed
properties.

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.

Deputation
of  Officers
and
employees.

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  are  required  by  the  Corporation  for
efficient
its  powers,  performance  of  its  duties  or  discharge  of  its
functions,  the  State  Government,  the  Head  of  Department  of  the  State  Government  or
any  officer  authorized  by  the  State  Government  in  this  behalf  may,  from  time  to  time,
having  regard  to  the  neccessity    therefor,  by  order  depute  such  officers  or  employees
to  the  Corporation  and  the  Corporation  shall  take  them  over  and  employ  them  on
deputation,  subject  to  the  provisions  of  this  section.

exercise of

(2) The  period  of  deputation  of  any  such  employee  to  the  Corporation  shall  be
five  years  except  when  any  such  person  is  required  to  be  repatriated  on  the  grounds,
such  as  promotion,  reversion,  termination  or  superannuation  or  any  other  reason  as
may  be  directed  by  the  State  Government.  After  the  expiry  of  the  period  of  deputation,
he  shall  stand  repatriated  to  the  service  under  the  State  Government.

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(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  in  the  service  under    the  State  Government  and  the  period
of  their  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  Corporation  :

Provided  that,  except  in  the  case  of  the  officers  of  the  rank  of  Executive  Engineers
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  employee  on  deputation  to  the  Corporation  shall  be  entitled  to  any

deputation  allowance.

(6) The  salaries  and  allowances  of  employees  on  deputation  of  the  Corporation

shall  be  paid  from  the  Corporation  Fund.

(7) Save  as  othewise  provided  in  this  section,  the  terms  and  conditions  of  services
of  employees  on  deputation  to  the  Corporation  shall  not  be  less  advantageous  than
those  applicable  to  them  immediately  before  deputation  and  shall  not  be  varied  to
their  disadvantage  except  with  the  previous  sanction  of  the  State  Government.

CHAPTER  IV

FUNCTIONS AND  POWERS OF  CORPORATION

18. The  functions  of  the  Corporation  shall  be  as  follows,  namely  :––

Functions  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
services,  on  payment,  to  institutions  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  ;

1 These  words  were  inserted  by  Mah.  20  of  2001,  s.  4.
2 These  words  were  substituted  for  the  words  “and  works  of  saline  and  alkaline  land”,

ibid., s.  4.

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(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  in  to  contract  in  respect  of  the  works  in  any  other  matters  transferred

to  the  Corporation  along  with  assets  and  liabilities  under  this  Act  ;

(j) to  invite  tenders,  bids,  offers  and  enter  into  contracts  for  the  purposes  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
management  of  watershed  development  projects  ;

(l) to  undertake  schemes  or  works,  either  jointly  with  other  corporate  bodies  or
institutions,  with  the  Government  or  local  bodies  or  on  agency  basis  in  furtherance
of  the  purposes  for  which  the  Corporation  is  established  and  all  matters  connected
therewith  ;

(m) to  promote  irrigation  related  activities  such  as  fisheries,  pisciculture,

floriculture,  horticulture,  sericulture,  etc  ;

(n) to  prepare  annual  plan  and  five-year  working  development  plan  ;

(o) to  prepare  annual  budget  ;

(p) to  undertake  any  other  activities  including  the  works  under  Employment
Guarantee  Scheme  entrusted  by  the  State  Government  in  furtherance  of  the
objectives  for  which  the  Corporation  is  established.

General
powers  of
Corporation.

19. (1) The  Corporation  shall  have  the  powers  to  accord  administrative  approval,
revise  administrative  approval,  technical  sanction,  acceptance  of  all  tenders,  sanctioning
the  budget  and  making  financial  provisions,  settling  disputes  arising  out  of  contracts
and  any  other  thing  which  may  be  necessary  or  expedient  for  the  purposes  of  carrying
out  its  functions  under  this  Act.

(2) Without  prejudice  to  the  generality  of  the  foregoing  provisions,  such  powers

shall  include  the  power––

(a) to  inspect  and  issue  directions  for  implementation  of  measures,  as  may  be,
in  respect  of  all  work  of  water  conservation,  watershed  management,  social  forestry,
executed  by  the  Corporation,  including  those  works  which  are  under  the  control  of
local  bodies  ;

(b) to  obtain  periodic  or  specific  information  from  any  local  body  and  operating

agency  as  the  Corporation  may  deem  necessary  ;

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(c) to  provide  training  for  its  own  personnel  as  well  as  employees  of  local

bodies  ;

(d) to  lay  down  the  schedule  of  fees  and  other  charges  of  all  kinds  of  services
rendered  by  the  Corporation  to  the  State  Government,  local  bodies,  institutions  or
individuals  ;

(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  ;

Mah.
XXIV
o f
1961.

(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

I  of
1894.

20. The  State  Government  may  for  carrying  out  the  purposes  of  this  Act,
compulsorily  acquire  land  under  the  Land  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.

Acquisition
of  land.

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  :

Transfer  of
Government
land  to
Corporation.

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.

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Powers  of
Corporation
to  dispose  of
land.

22. Subject  to  any  rules  made  by  the  State  Government  under  this  Act,  the
Corporation  may  retain,  lease,  sell,  exchange  or  otherwise  dispose  of  any  land,  any
building  or  property  vested  in  it,  in  such  manner  as  it  thinks  fit  for  carrying  out  the
purposes  of  this  Act.

Application
o f
Corporation’s
Assets,  etc.

Fund  of
Corporation.

CHAPTER  VI

FINANCE,  ACCOUNTS AND  AUDIT

23. All  the  property,  fund  and  other  assets  vesting  in  the  Corporation  shall  be

held  and  applied  by  it  for  the  purposes  of  this  Act.

24. (1) The  Corporation  shall  have  and  maintain  its  own  Fund,  to  which  shall  be

credited––

(a) all  the  money  received  by  the  Corporation  from  the  State  Government  by
way  of  grants,  subventions,  loans,  advances  and  the  loans  raised  under  this  Act  ;

(b) all  money  received  by  the  Corporation  from  the  disposal  of  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.

(3) Such  accounts  shall  be  operated  by  such  officers  of  the  Corporation  as  may

be  authorised  by  it  in  this  behalf.

(4) Notwithstanding  anything  contained  in  sub-sections  (2)  and  (3),  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
o f
Government
t o
Corporation
Fund.

25. (1) The  State  Government  shall,  by  appropriation  duly  made  in  this  behalf,  from
time  to  time,  provide  an  aggregate  sum  of  Rs.2000  crore  to  the  Corporation  Fund  as
its  share  of  capital  required  by  the  Corporation  for  the  performance  of  the    functions
of  the  Corporation  under  this  Act  and  such  contribution  shall  be  paid  in  suitable
instalments  spread  over  a  period  of  five  years  from  the  date  of  establishment  of  the
Corporation:

Provided  that,  the  State  Government  shall,  by  appropriation  duly  made  in  this  behalf,

initially  contribute  and  pay  a  sum  of  Rs.  500  crore  to  the  Corporation  Fund  :

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.

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26. The  State  Government  may,  after  due  appropriation  made  by  the  State
Legislature  by  law  in  this  behalf,  make  such  grants,  subventions,  loans  and  advances
to  the  Corporation  as  it  may  deem  necessary  for  the  performance  of  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.

Grants,
subventions,
loans  and
advances  to
Corporation.

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.

Powers  of
Corporation
to  borrow.

(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  or  institutions,  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.

Acceptance
of  deposits
by
Corporation.

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.

Powers  to
spend.

(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.

Reserve  and
other  Funds.

(2) The  management  of  the  funds  referred  to  in  sub-section  (1),  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
Government  in  this  behalf,  be  determined  by  the  Corporation.

31. (1) The  Managing  Director  of  the  Corporation  shall  at  a  special  meeting  to  be
held  in  the  month  of  October  in  each  year,  lay  before  the  Corporation,  the  budget
estimates  of  the  Corporation  for  the  next  year.

Submission  of
budget  of
Corporation.

(2) Every  such  budget  estimates  shall  be  prepared  in  such  form  as  the  State

Government  may,  from  time  to  time,  by  order,  determine  and  shall  provide  for––

(i) the  proposals,  plans  and  projects  which  the  Corporation  proposes  to  execute

either  in  part  or  in  whole  during  the  next  year  ;

H  239-3

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(ii) the  due  fulfillment  of  all  the  liabilities  of  the  Corporation  ;  and

(iii) the  implementation  of  the  provisions  of  this  Act  ;  and  such  estimates  shall
contain  a  Statement  showing  the  estimated  income  and  expenditure  on  capital  and
revenue  accounts  for  the  next  year  and  such  other  particulars,  indicating  the
financial  performance  of  the  Corporation,  as  the  State  Government  may  direct.  The
budget  shall  clearly  reveal  the  financial  outlay  and  performance.

Sanction  of
Budget
Estimates.

32. The  Corporation  shall  consider  the  budget  estimates  submitted  to  it  under
section  31  and  approve  the  same  with  or  without  modifications  on  or  before  such
date  as  the  State  Government  may,  from  time  to  time,  determine.

Government
as  guarantor.

33. The  State  Government  may  guarantee  the  repayment  of  any  loans  or  debentures
and  payment  of  interest  on  all  or  any  of  the  loans  or  debentures  given  or  transferred
to  the  Corporation.

Disposal  of
profits  and
deficits.

34. (1) Subject  to  the  provisions  of  sub-section  (2)  of  section  36  of  this  Act,  the
net  profit,  if  any,  attributable  to  each  of  the  objects  shall  be  fully  credited  to  the
Corpotaion.

(2) The  net  deficit,  if  any,  in  respect  of  the  objects  shall  be  solely  borne  by  the

State  Government.

Interest
charges  and
other
expenses  to
be  added  to
and  receipts
taken  for
reduction  of
capital  cost.

Depreciation
Fund.

Apportionment
o f
betterment
charges
levied  by
State
Government.

Financial
Statement
and
programme
of  work.

35. 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.

36. (1) The  Corporation  may  make  provision  for  Depreciation  Fund  at  such  rate
and  on  such    terms  as  may  be  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.

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15

(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.

39. (1) The  Corporation  shall  maintain  books  of  account  and  other  books  in  relation
to  the  business  and  transactions  in  such  form,  and  in  such  manner,  as  may  be
prescribed.

Accounts  and
Audit.

(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  Government.

(4) The  State  Government  shall  cause  the  accounts  of  the  Corporation  together
with  the  audit  report  thereon  forwarded  to  it  under  sub-section  (3)  to  be  laid  before
each  House  of  the  State  Legislature,  as  far  as  possible  before  the  expiry  of  the  year
next  succeeding  the  year  to  which  the  accounts  and  the  report  relate.

40. (1) Notwithstanding  anything  contained  in  the  last  preceding  section,  the  State
Government  may  order  that  there  shall  be  concurrent  audit  of  the  accounts  of  the
Corporation  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  transactions  or
to  a  particular  period.

Concurrent
and  special
audit  of
accounts.

(2) When  an  order  is  made  under  sub-section  (1),  the  Corporation  shall  present  or
cause  to  be  presented  for  audit  all  such  accounts  and  shall  furnish  to  the  person
appointed  under  sub-section  (1)  such  information  as  the  said  person  may  require  for
the  purpose  of  audit.

CHAPTER  VII

MISCELLANEOUS AND  SUPPLEMENTARY  PROVISIONS

41. (1) The  Corporation  shall  prepare  and  submit  to    the  State    Government,  in
such  form  as  may  be  prescribed,  an  annual  report  within  six  months  after  the  end  of
every  financial  year  of  its  activities  during  the  previous  financial  year,  with  particular
reference  to,––

Furnishing  of
annual
reports  and
returns,  etc.

(a) irrigation  and  command  area  development  ;

(b) soil  conservation  and  water  conservation  ;

(c) watershed  development  and  management  ;

(d) social  forestry  ;

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(e) water  supply  ;

(f) recreation  facilities  ;
(g) use  of  lands  ;
(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  timo  to  time,    require.

Execution  of
contract,  etc.

42. Every  contract  or  assurance  of  property  on  behalf  of  the  Corporation  shall  be
in  writing  and  executed  by    such  authority  or  officer  in  such  manner  as  may  be
provided  by  regulations.

General
penalty.

43. Whoever  contravenes  the  provisions  of  this  Act  or  any  rule  or  regulation  made
thereunder  or  fails  to  comply  with  any  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.

Power  of
entry.

44. Any  officer  or  servant  of  the  Corporation  generally  or    specifically  authorised
by  the  Corporation  may,  at  all  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,  preliminary  or  incidental
to  the  exercise  of  powers  or  the  performance  of  functions  by  the  Corporation  under
this  Act.

Dues  to  be
recovered  as
an  arrear  of
land  revenue.

45. All  sums  due  or  payable  by  any  person  to  the  Corporation  or  recoverable  by
it  on  account  of  any    charge,  costs,  expenses,  fees,  rent,  compensation  or  on  any
other  account  under  this  Act  or  any    rule  or  regulation  made  thereunder  or  any
agreement    made  with  the  Corporation  and  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.

Service  of
notice,  etc.

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––

(a) where  a  person  to  be  served  is  a  company,  the  service  is  effected  in  accordance

with  the  provisions  of  section  51  of  the  Companies  Act,  1956  ;

I  of
1956.

(b) Where  the  person  to  be  served  is  a  firm,  if  the  document  is  addressed  to  the
firm  at  its  principal  place  of  business,  identifying  it  by  the  name  and  style  under  which
its  business  is  carried  on,  and  is  either,––

(i) sent  under  a  certificate  of  posting  or  by  registered  post  ;  or

(ii) left  at  the  said  place  of  business  ;

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(c) where  the  person  to  be  served  is  a  statutory  public  body  or  a  corporation  or
a  society  or  other  body,  if  the  document    is  addressed  to  the  Secretary,  Treasurer  or
other  head  officer  of  the  body,  corporation  or  society  at  its  principal  office,  and  is
either––

(i) sent  under  a  certificate  of  posting  or  by  registered  post  ;  or

(ii) left  at  that  office  ;

(d) in  any  other  case,  if  the  document  is  addressed  to  the  person  to  be  served

and,––

(i) is  given  or  tendered  to    him  ;  or

(ii) if  such  person  cannot  be  found,  is  affixed  on  some  conspicuous  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

(iii) is  sent  under  a  certificate  of  posting  or  by  registered  post  to  that  person.

(2) Any  document  which  is  required  or  authorised  to  be  served  on  the  owner  or
occupier  of  any  land  or  building  may  be  addressed  “the  owner”  or  “the  occupier”,  as
the  case  may  be,  of  that  land  or  building  (naming  that  land  or  building),  name  or
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) 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  dilivered,  is  affixed  to  some  conspicuous
part  of  the  land  or  building.

(3) Where  a  document  is  served  on  the  firm  in  accordance  with  this  section,

the  document  shall  be  deemed  to  be  served  on  each  partner.

(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.

Public  notice
to  be  made
known.

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.

Default  in
performance
of  duty.

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(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.

Offences  by
companies.

49. (1) Where  an  offence  under  this Act  has  been  committed  by  a  company,  every
person    who,  at  the  time  the  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  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  against  and  punished  accordingly.

Explanation.––For  the  purpose  of  this  section,––

(a) “company”  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  firm,  and  in  relation
to  any  association  of  persons  or  body  of  individuals,  means  any  member
controlling  the  affairs  thereof.

Authority  for
prosecution.

50. Unless  otherwise  expressly  provided,  no  Court  shall  take    cognizance  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  information
received  from  the  Corporation  or  some  person  authorized  by  the  Corporation  by  general
or  special  order  in  this  behalf.

Compounding
of  offences
by
Corporation.

51. (1) The  Corporation  or  any  person  authorized  by  the  Corporation  by  general
or  special  order  in  this  behalf  may,  either  before  or  after  the  institution  of  the
proceedings,  compound  any  offence  made  punishable  by  or  under  this  Act.

(2) Where  an  offence  has  been  compounded,  the  offender  if  in  custody  shall  be
discharged  and  no  further  proceedings  shall  be  taken  against  him  in  respect  of  the
offence  compounded.

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19

52. Any  person  who  obstructs  the  entry  of  a  person  authorized  under    section  44
to  enter  into  or  upon  any  land  or  building  or  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  imprisonment  for  a  term  which  may  extend
to  six  months,  or  with  fine  which  may  extend  to  one  thousand  rupees,  or  with  both.

Penalty  for
obstruction.

53. The  Corporation  may,  with  the  previous  approval  of  the  State  Government,
delegate  any  of  its  powers  under  this  Act  to  any  officer  of  the  State  Government  or
to  any  of  its  officers  and  permit  them  to  re-delegate  specific  powers  to  their
subordinates,  by  general  or  special  order  in  this  behalf.

Delegation  of
powers  of
Corporation.

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.

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.

Power  to
make  rules.

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.

45  of
1860.

56. The  provisions  of  this  Act    shall  have  effect  notwithstanding  anything

inconsistent  therewith  contained  in  any  other  law.

57. (1) The  State  Government  may,  by  notification  in  the Official  Gazette, make

rules  to  carry  out  the  purposes  of  this  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  Gazette, 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  the  State  Government,  make
regulations  consistent  with  this  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.

Power  to
make
regulations.

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Power  to
remove
doubts  and
difficulties.

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  :

Provided  that,  no  such  order  shall  be  made  after  the  expiry  of  a  period  of  two

years  from  the  date  of  commencement  of  this  Act.

Dissolution
o f
Corporation.

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
Government,  unnecessary,  the  Government  may,  by  notification  in  the Official  Gazette,
declare  that  the  Corporation  shall  be  dissolved  with  effect  from  such  date  as  may  be
specified  in  the  notification,  and  the  Corporation  shall  be  deemed  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  realisable  by,  the

Corporation  shall  vest  in  or  be  realisable  by,  the  State  Government  ;

(b) all  liabilities  which  are  enforceable  against  the  Corporation  shall  be

enforceable  against  the  State  Government.

Repeal  of
Mah.  Ord.
XIII  of  2000
and  saving.

61. (1) The  Maharashtra Water  Conservation  Corporation  Ordinance,  2000  is  hereby

repealed.

(2) Notwithstanding  such  repeal,  anything  done  or  any  action  taken  (including  any
notification  issued  or  nomination,  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.

Mah.
Ord.
XIII
o f
2000.

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H  239-3280  Bks.-11.2013

PRINTED  AT  THE  GOVERNMENT  PRESS,  KOLHAPUR.

Maharashtra  Government  Publications
can  be  obtained  from–

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 THE  MANAGER

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AND  THE  RECOGNISED  BOOK  SELERS

