i4i 

GOVERNMENT  OF  MAHARASHTRA 

LAW  AND  JUDICIARY DEPARTMENT 

MAHARASHTRA ACT No. XXV OF 1988. 

THE  MAHARASHTRA 
HORTICULTURE 
DEVELOPMENT  CORPORATION 
ACT,  1984. 

(As modified  upto  the  10th January 2013) 

PRINTED  IN  INDIA  BY  THE  MANAGER,  YERAWDA  PRIsoN  PRESS,  Pu-411  006 
AND  PUBLISHED  BY  THE  DIRECTOR,  GOVERNIVIENT  PRINTING,  STATIONERY 
AND  PUBLICATIONS,  JVJAHABASHTBA  STATE,  MuîvtAI-400  004. 

2013 

Price-Rs.  3].00J 

5(1)228 

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THE  MAHARASHTRA HORTICULTURE  DEVELOPMENT  CORPORATION 
ACT,  1984 

(i) 

PREAMBLE. 

SECTION. 

CONTENTS 

CHAPTER I 

PRELIMINARY 

1. 

Short title,  extent and commencement. 

2.  Definitions. 

CHAPTER II 

ESTABLISHMENT  OF  JVJAHABASHTBA  HORTICULTURE  DEVELOPMENT  CooR.&TIoN 

3.  Establishment of Maharashtra Horticulture Development  Corporation. 
4.  Constitution  of  Corporation. 
5.  Disqualification for membership  and removal of member. 
6.  Term  of office  and  conditions  of  service  of members. 
7.  Meetings  of  Corporation. 
8.  Cessation  of  membership  and  suspension  or  removal  of  member. 
9.  Member  not  disqualified  from being  chosen  or  for  being  members  of  State 

Legislature or local  authorities. 
Provision for inviting  officers of Government  and local authority,  etc.,  to  assist 
or  to  advise. 
Filling up  of casual  vacancy  of  member. 

lo. 

11. 

12.  Members to  act during vacancy,  acts,  etc., of Corporation  not to be  invalidated 

by  informalities. 
Temporary  absence of Chairman or members. 

13. 

14.  Officers  and  servants  of  Corporation. 

CHAPThR III 

FUThCTIONS  AND  POWERS  OF  THE  CooR.&TIoN 

Functions  of  Corporation. 
15. 
16.  General  powers  of Corporation. 
17.  Authentication  of  documents  of  Corporation. 
Power  of  State  Government  to  issue  direction. 

18. 

CHAPTER IV 

FINANCE,  ACCOUNTS  AND  AUDIT 

19.  Application  of  Corporations'  assets,  etc. 

Funds  of  Corporation. 

20. 
21.  Grants,  subventions,  loans  and  advances  to  Corporation. 

22. 

Power of  Corporation  to  borrow. 

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(ii) 

23.  Acceptance  of  deposits  by  Corporation. 
24.  Reserve  and  other  funds. 
25.  Power  to  spend. 
26.  Budget and  programme  of work. 
27.  Accounts  and  audit. 
28.  Concurrent  and  special  audit  of  accounts. 

CHAPTER V 

APPLICATION  OF  CERTAIN  PROVISIONS  OF  T  JVJAHABASHTBA  LAND  REVENUE  CODE,  1966, 
T  BOMBAY  GOVERNItVIENT  PREMISES  (EVICTION)  ACT,  1955 AND  NON-APPLICATION  OF 
RENT  CONTROL  ACTS TO CooR.&TIoN  PREMISES. 

29.  Application  of certain  provisions  of Land  Revenue  Code. 
30.  Application ofBombay Government Promises (Eviction)  Act,  1955, to Corporation 

premises. 

31.  Non-application of Rent  Control  Acts  to  Corporation  premises. 

CHAPTER VI 

ACQUISITION  AND  DISPoS 

OF  LAND 

32.  Power  to  acquire  land  for  purposes  of  this  Act. 

33. 

34. 

35. 

36. 

37. 

38. 

Deleted. 

39. 
40.  Disposal  of  land by  Corporation. 
41.  Voluntarily  entrusting  of land to  Corporation. 
42.  Laying  out  Plots. 
43.  Allotment and  priority  in allotment  of plots. 
44.  Plot-holder  to  be  co-partner  and  owner  of  plot  allotted to  him. 
45.  Terms  and  conditions for  allotment. 

CHAPTER VII 

APPORTIONItVIENT  OF  Amu 

AND  CAPITAL  EXPENDITURE  AND  STORAGE,  TRANSPORT, 

PROCESSING  AND  MARKETING  OF  PRODUCE  FROM  FARMS  AND  ESTATES 

46.  Apportionment  of  expenses. 
47.  Liability  to  pay  service  charges. 
48.  Earning wages  by plot-holders  for  work in  farm. 
49.  Refusal  to  work  by  plot-holder. 
50.  Adjustment  and  recovery  of amounts  from  plot  holders. 

51. 

Standard yield. 

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(iii) 

Surplus yield. 

52. 
53.  Accounting of  income  from yields. 
54.  Obligation  to  undertake  storage,  transport,  processing,  etc.,  of  produce. 

CHAPTER VIII 
UNTJTILISED  SURPLUS  LANDS  IN  FAdMs  OR  ESTATES 

55. 

Six  monthly  report on utilization  of land. 

CHAPTER IX 

SUPPLEMENTARYAND MTSCELLANEOUS  PROVISIONS 

Transfer  of Government  lands  to  Corporation, 

56. 
57.  Unrestricted  entry  of Corporation  in lands  allotted  to  beneficiary. 

Powers  of  entry. 

58. 
59.  Nomination of controlling  or licensing  authority. 
60.  Dues  to  be  recovered  as  an  arrear  of  land  revenue. 

61. 

Service  of  notices,  etc. 
Public  notices  how  to  be  made  known. 

62. 
63.  Notice period for performance. 
Furnishing  of returns,  etc. 
64. 
65.  Default in  performance of duty. 
66.  Dissolution  of Corporation. 
67.  Offences  and  penalties. 
68.  Congnizance  of offences. 
69.  Compounding  of  offences. 
70.  Delegation  of powers  of  State  Government  or  of  Corporation. 

71. 

Power to  make  rules. 
Power to  make  regulations  by  Corporation. 

72. 
73.  Rules made under  section 7 1  and regulations  under section 72  to be laid before 

both  Houses  of  State  Legislature. 
Protection  of  action  taken  in  good  faith. 
74. 
75.  Members,  officers,  etc.,  to  be  public  servants. 

76. 

77. 

Effect  of provisions  of  Act. 
Power  to  remove  doubts  and  difficulties. 

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1988 

:  Mah. XXV J 

Maharashtra  Horticulture  Development  Corporation  Act,  1984 

MAHARASHTRA  ACT  No.  XXV OF  19881 

TEIE  JVJAHABASHTBA  HoRTIcuLTu 

DEVELOPMENT  CooR.&TIoN  ACT,  1 984J 

This  Act  received  the  assent  of  the  President  on  the  4th  November  1988; 
assent was  first published in  the Maharashfra Government  Gazette,  Part IV,  Extraordinary, 
onthe  l6thNovember  1988J. 

Amended by  Mah.  18  of 1990  (6-6-1990)  - 

An  Act  to  make  a  special  provision  for  securing  the  orderly  establishment 
in horticultural production  in the  State  of Maharashtra,  and  for storage, transport, 
processing  and  marketing  of  horticulture  produce  and  to  assist  generally  in 
the organisation thereof and for the purpose of establishing Maharashtra Horticulture 
Development  Corporation  and  for incidental  and  supplemental  purposes  connected 
with the matters aforesaid. 

WHEREAS,  it  is  expedient  to  make  special  provision  for  securing  the  orderly 
establishment  in  horticultural  production  in  the  State  of  Maharashtra  and  for  storage, 
transport,  processing  and  marketing  of  horticulture  produce  and  to  assist  generally  in 
the  organisation  thereof,  and  for  the  purpose  of  establishing  Maharashtra Horticulture 
Development  Corporation  and  for  incidental  and  supplemental  purposes  connected 
with  the  matters  aforesaid;  It  is  hereby  enacted  in  the  Thirty-fifth  Year  of  the 
Republic  of  India  as  follows  :- 

CHAPTER I 

PRELIMINARY 

Corporation  Act,  1984. 

1.  (1)  This  Act  may  be  called  the  Maharashtra  Horticulture  Development Short  title, 
extent  and 
C ommence - 
ment. 

(2) 

It  extends  to  the  whole  State  of  Maharashtra. 

(3) 

It  shall  come  into  force  from  such  2date,  as  the  State  Government  may,  by 

notification  in the  Official  Gazette,  appoint. 

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

Definitions. 

(a)  "amenity"  includes  development of plot of land,  land  development work  of soil 
conservation,  road,  bridge,  any  other  means  of  communication,  transport,  supply  of 
water  to  crops  by  construction  of  canals,  field  channels,  irrigation  works, 
supply  of  electricity,  any  other  source  of  energy,  street  lighting,  drainge,  sewerage, 
fencing  or  compound,  markets  and  such  other  convenience  and  infrastructure  as 
the  State  Government  may,  specify  to  be  an  amenity for  the  purposes  of  this Act; 

i 

For  Statement  of  Objects  and  Reasons,  see  Maharashtra  Government  Gazette,  1982,  Part  V, 
Extraordinary,  pages  390-391;  for  Joint  Committee  Report,  see  Maharashtra  Government  Gazette 
1984,  Part  \Ç  Extraordinary,  pages  454-486. 

2  ist  June  i990  (vide  GN.,  A,  AH,  D.D.  and  F.D.,  No.  UDYAN. 

i085/443/H-3,  dated  the  3ist  May 

i990). 

1-  This  indicates  the  date  of  commencement  of  the  Act. 

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Maharashtra  Horticulture  Development  Corporation  Act,  1984 

1 1988  :  Mah. XXV 

(b)  "annual  expenditure"  includes  expenditure  of  recurring  nature  such  as  costs  of 
inputs like  water,  fertilizer,  pesticides,  wages for the labour,  maintenance expenditure for 
minor  irrigation  works,  and  compound,  and  other  incidental  expenditure  on  the  items 
relevant  to  development  works  undertaken  by  the  Corporation  or  by  the  plot-holder 
and  also  includes  such  other  items  as  the  State  Government  may  specify,  from  time  to 
time, by  general  or  special  order  in this behalf; 

(c)  "approved  beneficiary"  means  a  person  who  is  landless  agricultural  labour,  or 
person from  family below  the  poverty  line  and  who  is  included  in  the  list  of  approved 
beneficiaries  by  the  Collector  for  the  purposes  of  this Act; 

(cl)  "capital  expenditure"  includes  expenditure  of  non-recurring  nature  and  on  such 
items  which  create  durable  assets  like  land,  land  development,  minor  irrigation  work, 
plantation material,  construction of buildings  and compound, or fencing,  constructions of 
sheds,  cost  of  training  of  personnel,  expenditure  on  research  or  development  and 
expenditure  on amenities  and also  includes such other items as  the  State Government may 
specify,  from  time to  time,  by  general  or  special  order  in this  behalf 

Provided that,  for  the purposes of section  46,  the  expenditure incurred in construction 
ofbuildings for offices,  staff quarters  and laboratories  including the laboratory equipments 
shall  not be  included  in the  capital  expenditure; 

(e)  "Collector"  means  the  Collector  of the  district,  and  includes  any  officer  specially 
appointed  by  the  State  Government  to  perform  the  functions  of a  Collector  under  this 
Act; 

"Corporation"  means  the  Maharashtra  Horticulture  Development  Corporation 

established  under  section  3 

(g)  "development,"  with  its  grammatical variations,  means  the carrying  out  any land 
development  or  carrying  out  of any  farm building  operations  or  the  making  out  of any 
material change  in any building or land, growing nurseries,  planting of horticultural crops, 
undertaking plant protection measures,  processing of fruits,  vegetables,  spices  and  other 
horticulture or agricultural produce  ;  storing,  warehousing and marketing  of horticulture 
or agriculture produce  obtained in the farm,  introducing  scientific  management system  of 
farm  operations;  and  includes  re-development  and  laying  out  of  plots  and  sub-division 
of land  into estates  or farms,  and  also the  provision of amenities  ;  and  'to  develop'  shall 
be  construed  accordingly; 

(h)  "estate"  means  any area  or  a plot of land  on which  the  Corporation carries  out its 

development  activities  for  the  purposes  of this  Act 

(i)  "farm"  means  any  plot  of land  developed  as  a  farm  for  the purposes  of this Act; 

Û)  "farm  building"  means  any  structure  or  erection or  part  of a  structure  or erection 
which  is  located  in  the  farm  or  outside  the  farm  and  is  intended  to  be  used  for  the 
following  purposes  :- 

(a)  for  the  storage  of agricultural  implements,  manure  or  fodder, 

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1988  :  Mah. XXV J 

Maharashtra  Horticulture  Development  Corporation  Act,  1984 

3 

(b)  for  the  storage  of agriculture  or  horticulture  produce, 
(c)  for  sheltering  cattle, 
(cl)  for  residence  of  members  of the  family of  the  plot-holder,  or 
(e)  for  any other  purpose which  is  an  integral part of his  cultivating arrangement; 

(1)  the  expression  "farming  society"  shall  have  the  meaning  assigned to  it  in  clause 
Mah.  (12)  of  section  2  of the  Maharashtra  Co-operative  Societies  Act,  1960  ;  and  which  is 
XXIV  registered  under  the  said  Act; 

of 
1961. 

(1)  "horticulture"  includes any activity undertaken  in respect  of obtaining horticulture 

produce 

(m)  "horticulture  Produce"  includes- 

(i)  fruit,  including  fresh,  dried  or  frozen fruit,  or by-product  of any  of them, 
(ii)  vegetables  of any  kind  grown  for  human  consumption, 

(iii)  spices,  nuts,  etc., 
(iv)  flowers, 
(y)  herbs,  medicinal  plants, 
(vi)  seeds,  plants,  trees and  other planting  material in respect of any of the produce 

described  in  sub-clauses  (i)  to  (y) 

(n)  "land-holder"  means  a  person  lawfully  in  possession  of  land  whether  such 

possession  is  actual  or  not 

(o)  "marketing of  horticulture  produce"  or  "marketing  of  horticulture  or  agriculture 

produce"  includes  export  of  any  such  produce 

(p)  "plot-holder"  means  a  person  who  has  been  allotted plot  of  land  in  the  farm  or 

estate  under  section  43 

(q)  "poverty line  means  such level  of the  standard of living as  the  State  Government 

may  specify,  from  time to  time,  for  the  purposes  of this Act; 

(r)  "prescribed"  means  prescribed by  rules  made  by  the  State  Government  under  this 

Act; 

(s)  "regulations"  means  regulations  made  under  section  72 

(t)  "standard yield"  means  standard  yield  referred  to  in  section  51; 

(u)  "surplus  yield"  means  surplus  yield  referred  to  in  section  52. 

CHAPTER II 

ESTABLISHMENT  OF  THE  VJAHABASHTBA  HORTICULTURE  DEVELOPMENT  CooR.&TIoN 

3.  (1)  For the purposes  of promoting and  assisting in  the rapid and orderly development  Establish- 
of horticulture crops  and produce thereof in the  State of Maharashtra and for  processing ment  of 
Maharashtra 
and  marketing  such  produce  the  State  Government  may  by  notification  in the  Official  Horticulture 
Gazette,  establish  a Corporation  to be  called  the Maharashtra Horticulture Development  Develop 
Corporation. 

ment 
Corporation. 

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Maharashtra  Horticulture  Development  Corporation  Act,  1984 

11988  :  Mah. XXV 

Constitution 
of 
Corporation. 

(2)  Such  Corporation  established  under  sub-section  (1)  shall  be  a  body  corporate, 
having purpetual  succession and  a common  seal, with power,  subject to  the  provision of 
this  Act,  to  contract,  to  acquire,  hold  and  dispose  of  property,  both  moveable  and 
immoveable,  and  to  do  all  things  necessary  for  the  purposes  of  this  Act,  and  may  sue 
and  be  sued  by  its  corporate  name. 

4.  (1)  The  Corporation  shall  consist  of the  following  members,  that  is  to  say- 

(a)  The  Minister  for  Horticulture 
(b)  Secretary  to  Government  in Horticulture Department,  ex-officio; 
(c)  Director of Horticulture,  Maharashtra  State,  ex-officio; 

(cl)  Deputy  Secretary  to  Government,  Finance Department,  ex-officio 

(e)  Deputy  Secretary  to  Government,  Agriculture  and  Co-operation  Department 

(Agriculture),  ex-officio 

Director  of Marketing,  Maharashtra  State,  ex-officio; 

(g)  Joint  Director  of Horticulture  (Credit  and Marketing),  ex-officio 
(h)  Managing  Director,  Maharashtra  State  Co-operative  Land Development  Bank, 

ex-officio; 

(i)  Managing  Director  of the  Corporation,  ex-officio 
Û)  Representatives  of the 

lead  banksj  not  exceeding  two,  to  be  nominated by  the 

State  Government; 

(1ST)  One representative,  nominated by the  Government oflndia,  Ministry of Agriculture, 

ex-officio; 

(1)  One  representative  from  the  Agricultural  Universities,  to  be  nominated by  the 

State  Government; 

(m)  Non-official members  not  exceeding  eight,  of whom  at least  one shall  be from 
each revenue  division other than Bombay division and two,  shall be from the Bombay 
division,  to  be  nominated  by  the  State  Government. 

(2)  The  Minister for Horticulture  shall be the  Chairman of the Corporation.  The  State 

Government  may,  if it  thinks fit,  appoint one  of the  other  members  as  Vice-Chairman. 

5.  A person shall  be  disqualified for being  nominated as  a  member, or  continue  to be 

Disqualifica- 
tion  for 
membership  such member,  if he- 
and  removal 
of member. 

(a)  is  an  employee  of the  Corporation,  not  being  the  Managing  Director,  or 

(b)  is  of  unsound  mind,  and  stands  so  declared  by  a  competent  Court,  or 

(c)  is  an  undischarged  insolvent,  or 

(cl)  is  a  person having  pecuniary  interest  in  the  produce  of the  farm  or  the  estate 

under the  Corporation,  or 

(e)  is  convicted  for  an  offence  involving  moral  turpitude,  unless  such  conviction 

has  been  set  aside. 

1These  words  were  substituted  for  the  words  "lead  bank"  by  Mah.  18  of  1990,  s.  2. 

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Maharashtra  Horticulture  Development  Corporation  Act,  1984 

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6.  (1)  The  Vice-Chairman  (if any)  and  the  members  nominated under  clauses  (i),  (1)  Term  of 
office  and 
and  (m)  of sub-section  (1)  of section  4  shall  hold office for  a of period of five  years from  conditions 
the date  of their nomination  ;  unless the  State  Government terminates  their appointment  of  service  of 
earlier: 

members. 

Provided that,  whenever  this  period of five  years expires  and  the  Corporation  is  not 
reconstituted, the  members  aforesaid  shall  continue to  hold their  respective offices  until 
the  Corporation  is  reconstituted. 

(2)  A member  of the  Corporation  who  is  nominated or  who  becomes  member  of the 
Corporation by  virtue  of holding any  office,  being  the member  referred  to  in  clauses  (a) 
to  (i)  and  (itT)  of  sub-section  (1)  of  section  4  shall,  notwithstanding  anything  contained 
in this  Act,  cease  to  be  a  member  of  the  Corporation  as  soon  as  he  ceases  to  hold that 
office. 

(3)  Any person nominated as member  on one or  more occasions  shall,  unless disqualified, 

be  eligible for renomination. 

(4)  The  members  of the  Corporation  holding  office  under  sub-section  (1)  of  section 
4  shall  bo  entitled  to  draw such  honorarium  or compensatory  allowance  for the  purpose 
of meeting  the  personal  expenditure  in attending  the  meetings  of the  Corporation  or  of 
any committee  thereunder or appointed in connection with the work undertaken by or for 
the Corporation  as  the  State Government  may,  from  time to  time,  determine. 

7.  (1)  The  Corporation  shall  meet at  such times  (but  at  least  once  in every  calendar  Meetings  of 
orpora  ion. 

month and thirty days shall  not  intervene between its  last meeting and the  date appointed 
for  it  next  meeting)  and  places  as  the  Chairman  may  decide,  and  shall,  subject  to  the 
provisions of sub-section  (3),  observe  such rules of procedure  in regard to  the transaction 
of  business  at  its  meeting  (including  the  quorum  thereof)  as  may  be  laid  down  by 
regulations. 

(2)  The Chairman  or,  in his  absence the Vice-chairman  (if any),  shall  preside at every 
meeting ofthe Corporation.  If  for any reason the Chairman and the Vice-Chairman (if any) 
are unable  to  attend  any  meeting,  any  member,  elected  by  the  members  thereof present 
at the  meeting,  shall  preside. 

(3)  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  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 

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 a  company concerned in any such  contract, 
loan,  arrangement or proposal. 

5(1)228-2 

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Maharashtra  Horticulture  Development  Corporation  Act,  1984 

11988  :  Mah. XXV 

Cessation 
? 
membership 

suspension 

8. 

(1)  If a  member- 

(a)  becomes  subject  to  any  of the  disqualifications  mentioned  in  section  5,  or 

(b)  being a  member other than ex-officio member tenders his  resignation  in writing 

to,  and  such  resignation  is  accepted  by,  the  State  Government,  or 

(c)  is  absent without the Corporation's permission from three  consecutive meetings 
of  the  Corporation  or  from  all  meetings  of  the  Corporation  for  three  consecutive 

months, 

he  shall  cease  to  be  a  member  of the  Corporation. 

(2)  The  State  Government  may,  by  order,  suspend  from  office  for  such  period  as  it 
thinks fit,  or  remove from  office  any  member  of the  Corporation,  who,  in its  opinion,- 

(a)  has  refused  to  act,  or 

(b)  has  become  incapable  of  acting,  or 

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

Corporation  detrimental  to  the  interest  thereof or  of the  general  public,  or 

(cl)  is  otherwise  unfit  to  continue  as  member 

Provided that,  a member  shall  not be  suspended or removed  from office  unless he has 

been  given  reasonable  opportunity  to  show  cause  against  the  order. 

9.  Notwithstanding anything contained in any law for the time being in force,  a member 
Member  not 
disqualified 
from  being  (including the  Chairman  or Vice-Chairman)  of the  Corporation  or any of its  committees 
chosen  or  shall  not  be  disqualified  for being  chosen  as  and  for being  a  member  or councillor  of 
for  being 
members  of the  State  Legislature  or  any  local  authority  or  any  committee,  board,  or  body  of  such 
Legislature  Legislature or  authority,  merely by  reason ofthe fact that he is a member ofthe Corporation 

State 

or  local  or  any  of its  committees. 

authorities. 

Provision 
forinviting 

10.  (1)  The  Corporation  or any of its  committee  may  invite  any  officer  of the  Central 
Government,  any State  Government,  any local authority or any  organisation to attend  its 
Government  meeting  or  meetings  as  a  special  or  permanent  invitee  for  the  purpose  of assisting  or 
authority  advising it on  any matter or matters.  The officer  so invited  may take part  in the proceedings, 

etc.,  to  assist 
or  to  advise.  but  shall  have  no  right  to  vote. 

(2)  The  officer  so  invited  shall  be entitled  to  draw such honorarium  or  compensatory 
allowance for the  purpose of meeting the personal  expenditure in attending the meetings 
of the  Corporation  or any of its committees  as  the  Corporation may  determine from  time 

to time. 

Filling  up  of 
casual vacancy 
of  member.  in like  manner as if the  appointment were being  made  originally. 

Any vacancy of a  member of the  Corporation shall be  filled as  early as  practicable, 

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Maharashtra  Horticulture  Development  Corporation  Act,  1984 

12.  (1)  During any vacancy  in the  Corporation the  continuing  members may  act as  if Members  to 

no  vacancy  had  occurred. 

act  during 
vacancy, 

(2)  The  Corporation  shall  have  power  to  act,  notwithstanding  any  vacancy  in  the 

membership  or  any  defect  in  the  constitution  thereof,  or  any  defect  or  irregularity  in  not to  be 
the  nomination  of any  person as  a  member  thereof,  or  any defect  or irregularity  in any  invalidated 
act  done  or  proceeding  taken  under  this  Act  or  the  regulations  made  thereunder  not  iiormalities. 
affecting the merits of  the case  ;  and  such proceedings of the  Corporation  shall be valid 
notwithstanding  that  it  is  discovered  subsequently  that  some  person  who  was  not 
entitled  to  do  so  sat  or  voted  or  otherwise  took  part  in  the  proceedings  or  that  some 
defect  or  irregularity  as  aforesaid  existed. 

13.  (1) 

If  the  Chairman  or  any  other  member  of the  Corporation  is  by  reason  of Temporary 
aor 

illness  or  otherwise  rendered  temporarily  incapable  of  carrying  out  his  duties,  or  is 
granted  leave  of  absence  by  the  Corporation,  or  is  otherwise  unable  to  attend  to  his  members. 
duties  in  circumstances  not  involving  the  cessation  of  his  membership,  the  State 
Government  may  appoint  another  person  to  act  for  him  and  carry  out  his  duties  and 
functions under  this  Act.  Such  person shall  vacate  office  on  the  date  when the  member 
resumes  his  duties. 

(2)  If a Vice-Chairman has been appointed,  in the  absence of the  Chairman, the Vice- 

Chairman  shall  be  competent  to  carry  out  the  duties  and  functions  of the  Chairman. 

14.  (1)  The  State  Government  shall  appoint  a  Managing  Director  and  Chief Officers  and 
servants  of 
Corporation 

Accounts  Officer  for  the  Corporation. 

(2)  The  Corporation  may,- 

(a)  with  the  previous  approval  of the  State  Government,  appoint  such  number  of 
Managers  and Assistant Managers  as  may be necessary  having regard to  the workload 
of the  estates  or  farms  of the  Corporation;  and  also 

(b)  appoint such other Officers  and  Servants,  subordinate to the Officers mentioned 
in  sub-section  (1)  and  in  clause  (cl)  of this  sub-section,  as  it  considers  necessary  for 
the  efficient  performance  of its  duties  and  functions. 

(3)  The  conditions  of  appointment and  service  of the  officers  and  servants  and  their 

scales  of  pay  shall- 

(a)  as  regards  the  officers  mentioned  in  sub-section  (1),  be  such  as  the  State 

Government  may  determine from time to  time, and 

(b)  as  regards  the  other officers  and  servants  mentioned in  sub-section  (2),  be  such 
as  may be determined from time  to time by the  Corporation with the previous  approval 
of the  State  Government. 

CHAPThR III 

FumcTIoNs  AND  PowERs  OF  THE  CopoR.&TIoN 

15.  The  functions  of  the  Corporation  shall  be- 

Functions  of 
Corporation. 

(i)  generally to  promote and  assist  in the  rapid and  orderly  establishment growth  and 

development  of  horticulture 

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(ii)  in particular,  and  without prejudice  to  the  generality  of  clause  (i),  to- 

(a)  establish  and  manage  horticultural  farms  and  estates; 

(b)  undertake  works  of  providing  amenities  and  development  at  such  selected  sites 
either jointly  with  landholders  or  other  corporate  bodies  and  institutions  or  with  Co- 
operative  or local  authorities  or  on  agency basis  in furtherance of purpose  for which  the 
Corporation  is  established  and  all  matters  connected  therewith 

(c)  develop,  aid,  assist,  promote,  organise  and  finance  societies  or  public  trusts 
having inter  alia  their  objects  as  agriculture,  horticulture  or  irrigation,  with  technical, 
financial  and  managerial  assistance  including  providing  infrastucture,  inputs  and  any 
other  assistance for  the  prosecution  of  their  work  and  business  and  for  enabling  them 
to  develop  and  improve  their  methods  or  techniques  of  production,  management  or 
manufacture of the  horticulture produce or products thereof and processing and  marketing 
such  produce  or  products 

(cl)  undertake  crop  planning  in  accordance  with  agro-meteorologic  and  soilmoisture 

retention  data  and  the  marketing  opportunities 

(e)  manage and  carry out farming operations  in scientific  system,  such as  minimum or 
appropriate  tillage,  plant  density  leading  to  optimal  denses  crop  canopies,  seed  free 
environment,  etc. 

provide  or cause  to  be  provided  controlled  release  of fertilize  use  of nutrification 

in  hibitors,  foliar feeding  and  use  of low  cost  anhydrous  ammonia; 

(g)  introduce use of bacterial algal  and other microbial fertilizer and integrated nutrient 
supply  involving  an  appropriate  blend  of  organic,  inorgainic  and  biological  source  of 
fertilizer; 

(h)  provide  any  or all  type  of irrigation facilities  as  may  be practicable  and  scientific 
on farm management of water,  including drip or sprinkler irrigation wherever necessary; 

(i)  undertake  carbondioxide  fertilisation for  maximizing  production  in glass  houses; 

Û)  undertake  integrated  pest  and  disease  management involving  crop  sanitation  and 
agro-nomio, genetix biological and chemical methods  of control; and use  of hormones and 
growth  (regulant)  in fruit  trees 

(k)  carry  out organic recycling leading  to crop-livestock,  crop-fish  and crop-live  stock- 

fish integration; 

(1)  produce,  procure  and  distribute  seeds,  grafis,  seedings  or  any  other  planting 
material  for  horticulture  production  and  undertake  any  other  activity  related  to  or 
supplementary  to  this  function 

(m)  arrange  and  provide  any  in-puts  for  crops  to  be  taken  on  farms  or  estates 

(n)  undertake  or arrange  for  storage,  transport,  processing  and  marketing  of produce 
of the  farms  and  estates  either by  setting  up required  facilities,  hiring  such facilities  or 
in collaboration with any  other  organisation  subject to  such terms  and  conditions  as  the 
State  Government  may  approve 

(o)  prepare  annual  plan and  five  year  working  development  plan 

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(p)  prepare  annual  budget; 

(q)  prepare  development  projects  in respect  of the plots  allotted  under the  provisions 

of this  Act; 

(r)  undertake  any other  activity  entrusted by  the  State  Government  in furtherance  of 

the  objectives  for  which  the  Corporation  is  established. 

16.  Subject  to  the  provisions  of this  Act  the  Corporation  shall  have  power- 

General 
powers  of 

(a)  to  acquire  and  hold  such  property,  both  moveable  and  immoveable  as  the  Corporation. 

Corporation  may  deem  necessary  for  the  purposes  of this  Act; 

(b)  to  provide  or  cause  to  be  provided  common  amenities  and  common  facilities  in 
farms  and  estates  and  to  construct and  maintain  or  cause  to  be  maintained  works  and 
buildings therefor; 

(c)  to make  available  and  allot plots  of land  ill farms  and  estates on prescribed terms 
and  conditions  to  the  approved  beneficiary  or  any person  referred  to  in  sub-section  (2) 
of section  43  intending to take up horticultural  (and in addition,  agricultural) development 
as  a  vocation; 

(cl)  to  construct  buildings  for  the  housing  of  the  plot-holders; 

(e)  to  modiFy  or  rescind  such  allotments,  including  the  right  and  power  to  evict 

allottees  concerned  on  breach  of any  of the  terms  and  conditions  of  their  allotment; 

to  constitute  advisory  Committees  to  advise  the  Corporation; 

(g)  to  engage  suitable  consultant  or  persons  having  special  knowledge  or  skill  to 

assist  the  Corporation  in  the  performance  of  its  functions; 

(h)  subject  to  the previous  permission  of the  State  Government,  to  delegate  any of its 
powers  generally or  specially  to  any of its  committees  or  officers,  and  to  permit them  to 
re-delegate  specific  powers  to  their  subordinates 

(i)  to  enter  into  and  perform  all  such  contracts  as  it  may  consider  necessary  or 

expedient  for  carrying  out  any  of  its  functions; 

Û)  to  provide  or  to  make  suitable  arrangements  for  storage  and  transport  of  the 
horticulture  and  agriculture  (if any)  produce  and  for  processing  and  marketing  such 
produce; 

(k)  to  promote  and  encourage  the  following  farming  systems,  that  is  to  say- 

(i)  mixed cropping  and  intercropping, 
(ii)  rain fed farming, 
(iii)  multiple  cropping in irrigated  areas, 
(iv)  multi-level  cropping, 
(y)  kitchen  gardening; 

(1) 

to  help,  guide  and  supervise  the  working  of  any  farming  society  in 
implementation  of  horticulture  development  programmes  undertaken  by  it,  including 
providing  infrastructure,  inputs,  financial  and  any  other  assistance  necessary  for  the 
purpose  ;  and 

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(m)  to  do  all  such other  things and  perform  such acts  and things  as  may  be necessary 
for,  or  incidental  or conducive to,  any matters which  are  necessary for furtherance  of the 
objects  for  which  the  Corporation  is  established. 

Authenti- 
17.  All  allotment  orders,  decisions,  notices  and  other  documents  of  the  Corporation 
cation  of 
documents  shall  be  authenticated by  the  signature  of the Managing  Director  of the  Corporation  or 

o f any  other  officer  authorised by  the  Corporation  in  this behalf 

Corporation. 

. 

Power  of 

18.  The  State  Government  may  issue  to  the  Corporation  such  general  or  special 
Government  directions  as  to  policy  or  exercising  of the  powers  of performing  the  functions  by  the 
to  issue  Corporation,  as  it  may  think  necessary  or  expedient  for  the purpose  of carrying  out  the 
purposes  of  this  Act  and  the  Corporation  shall  be  bound  to  follow  and  act  upon  such 
directions. 

directions. 

. 

CHAPTER IV 

FINANCE, ACCOUNTS A 

AUDIT 

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

Corporation's  applied  by  it,  subject  to  the  provisions  and  for  the  purposes  of  this  Act. 

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

Application 
of 

assets,  etc. 

Funds  of 

Corporation.  credited- 

(a)  all  moneys  received  by  the  Corporation  from  the  State  Government  by  way  of 
grants,  subventions,  loans,  advances  or  otherwise  and  from  the  loans  raised  under 
section  22 

(b)  all  fees,  costs  and  charges  received  by  the  Corporation  under  this Act; 
(c)  all  moneys  received by  the  Corporation  from the  disposal  of  lands, buildings  and 

other  properties  moveable  and  immoveable  and  other  transactions; 

(cl)  all  moneys  received by the  Corporation by way of rents  and profits  or in any other 

manner 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  by  regulations  made  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. 

Grants, 
subventions, 

21.  The  State  Government  may,  afler  due appropriation  made by the  State Legislature 
by law in this behalf, make such  grants,  subventions, loans  and advances to the  Corporation 
advances  to  as  it  may  deem  necessary for  the  performance of the functions  of the  Corporation under 
Corporation. 
this  Act;  and  all  grants,  subventions,  loans and  advances  made  shall  be  on  such  terms 
and  conditions  as  the  State  Government  may  determine. 

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22.  (1)  The  Corporation  may,  subject to  such conditions  as  may  be prescribed  in this 
behalf,  borrow money  from  the  financial  institutions  or  in the  open market  by  issue  of 
guaranteed  or  unguaranteed  bonds,  debentures,  stocks  or  otherwise,  for  the  purpose  of 
providing  itself  with  adequate  resources. 

of 

(2)  The maximum amount which the  Corporation may  at any time have  on loan under 
sub-section  (1)  shall  not  be  exceeding  rupees  ten  crores,  unless  the  State  Government 
fixes  a higher maximum amount for  this purpose. 

23.  The  Corporation  may  accept  deposits  on  such  conditions  as  it  deems  fit  from  Acceptance  of 

persons  authorities or institutions  to whom allotment or sale  of land or buildings is made  deposits  by 
Corporation. 
or  is  likely  to  be  made  in furtherance  of the  objects  of this  Act. 

24.  (1)  The  Corporation  shall  make  provisions  for  such  reserve  and  other  specially  Reserve  and 
other  funds. 

denominated funds  as  the  State Government  may,  from time to  time,  direct.  Such funds 
shall  include  the  following  funds,  namely  :- 

. 

. 

. 

. 

(a)  stabilization  funds,  and 
(b)  welfare  fund. 

(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. 

(3)  None  of the  funds  referred to  in  sub-section  (1)  shall  be  utilised  for  any purposes 

other  than  that  for  which  it  is  constituted. 

25.  (1)  The  Corporation  shall  have  the  authority  to  spend  such  sums  as  it  thinks  fit  Power  to 

spend. 

for the purpose authorised under this Act from out  of the general  fund of the  Corporation 
referred  to  in  section  20  or  from  the  reserve  and  other  funds  referred  to  in  section  24, 
as  the  case  may  be. 

(2)  Without  prejudice to  the  generality  of the  power  conferred by  sub-section  (1),  for 
the purposes  of section  15  or  16,  the  Corporation may,  within its  discretion,  give  grants, 
advances  or loans  to,  or  share  expenses  with,  any local  authority  or public  undertaking, 
within or  without the  area  of its  operation,  towards  expenses  incurred  or to  be  incurred 
by  such  authority or undertaking  in the performance,  in relation to  any of its horticultural 
or  agricultural  farms  or  estates,  of  any  of  the  statutory  functions  of  such  authority  or 
undertaking, including expenditure incurred in the  acquisition of land  ;  and notwithstanding 
anything  contained  in  any  law  for  the  time  being  in force,  it  shall  be  lawful  for  such 
authority  to  accept  such  grants,  advances  or  loans  or  share  in  the  expenses,  subject  to 
such terms and  conditions as the  Corporation may,  from time  to time,  in  consultation with 
such  authority  or  undertaking,  specify. 

26.  (1)  The Corporation  shall,  by such  date in each financial year as  may be  prescribed,  Budget  and 
prepare and  submit to the  State  Government  for  approval an  annual  financial  statement  programme 
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. 

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(2)  The  annual financial  statement  shall  show the  estimated  receipts  and  expenditure 

during  the  succeeding financial  year  in  such  form  and  detail  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  are  brought  to  the  notice  of  the  State 
Government  by  a  supplementary  financial  statement. 

Accounts 
and  audit. 

27.  (1)  The  Corporation  shall  maintain books of accounts  and  other  books in  relation 

to the business  and transaction in  such form,  and  in such manner,  as  may  be prescribed. 

(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  or as  soon  as  the  accounts 

of the  Corporation  are  audited,  whichever is  earlier,  the  Corporation  shall,  send a  copy 

thereof 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 annually  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. 

Concurrent 
and  special 

28.  (1)  Notwithstanding  anything  contained  in  the  last preceding  section,  the  State 
audit  of Government  may  order  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 

accounts. 

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. 

(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  V 

APPLICATION  OF  CERTAIN  PROVISIONS  OF  T 

JVJAHABASHTBA LAND  REVENUE  CODE, 

1966,  T  BOMBAY GOVERNItVIENT  PREMISES  (EVICTION)  ACT, 1955  AND  NoN- 

APPLICATION  OF RENT  CONTROL  ACTS To  CopoR.&TIoN  PREMISES. 

Application 
29.  The  provisions  of  sections  50  to  54A  (both  inclusive)  of the  Maharashtra  Land  Mah. 
of certain 
XLI 
provisions  Revenue  Code,  1966  shall  mutatis mutandis apply  to  the lands vested in the  Corporation  of 

as  they  apply  to  the  lands  vested  in  the  State  Government. 

1966. 

of  Land 
Revenue 
Code. 

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30.  (1)  The  State  Government may,  by notification in the  Official Gazette, provide from  Application 
of  Bombay 
Bom.  such date  as  is  stated therein  that the *Bombay  Government  Premises (Eviction) Act,  1955,  Government 
II  of shall  apply  to  premises  belonging  to,  vesting  in,  or  leased  by,  Corporation  as  that  Act  Premises 
i 9 5 6  .  applies  in relation to  Government  premises,  but subject  to  the  provisions  of  sub-section 

. 

. 

. 

. 

. 

tc 
Corporation 
premises. 

(2). 

(2)  On  a  notification  being  issued  under  sub-section  (1),  the  aforesaid  Act  and  the 
rules  made  thereunder  shall  apply  to  premises  of  the  Corporation  with  the  following 
modifications,  that  is  to  say- 

(a)  the  State  Government  shall  appoint  an  officer  who  is  holding  or  has  held  office 
whether under  the  Government  or  the  Corporation,  which  in  the  opinion  of  the  State 
Government  is  not lower  in rank than that of a Deputy Collector  or  an Executive Engineer, 
to  be  the  competent  authority  for  the  purposes  of  the  aforesaid  Act; 

(b)  references  to  "Government  premises"  in that  Act and  those rules  shall  be  deemed 
to be references  to  premises  of the  Corporation,  references  to  "the  State  Government"  in 
sections  4,  5,  6  and  9  of that  Act  shall  be  deemed  to  be  references  to  the  Corporation. 

31.  The  **Bombay Rents,  Hotel  and Lodging House  Rates  Control Act,  1947,  or other  Non- 

Bom. 
LVII  law  corresponding  thereto  for  the  time  being  in  force  in  any part  of  the  State- 

(a)  shall  not  apply  to  any premises  belonging  to  or vesting  in the  Corporation  under  Control  Acts 

of 
i 947. 

or  for  the  purposes  of  this  Act 

apPlication 
en 
o 

to 
Corporation 

(b)  shall  not  apply  as  against  the  Corporation  to  any  tenancies  or  like  relationship premises. 

created  by  the  Corporation  in  respect  of  any  such  premises; 

(c)  but  shall  apply  to  any  premises  let  to  the  Corporation. 

ACQUISITION  AND DISPoS 

OF  LAND 

'p2. The State  Government may,  for carrying out the purposes  ofthis Act,  compulsorily  Power  to 

I  of acquire  land under  the  Land Acquisition Act,  1894  ;  as  amended  from  time to  time and  acquire  land 
for  purposes 
i 894.  the  acquisition  of any  land  for  any  of the  said purposes  shall  be  deemed  to  be  a  public  of  this  Act. 

purpose  within the  meaning  of that  Act.J 

2* 

* 

* 

40.  (1)  Subject  to  any  directions  given  by  the  State  Government  under this  Act,  the  Disposal  of 

Corporation  may  dispose  of- 

. 

. 

land  by 
Corporation 

(a)  any land acquired by the State Government  and transferred to it without undertaking 

or  carrying  out  any  development  thereon ;  or 

(b)  any  such  land  afler  taking  or  carrying  out  such  development  as  it  thinks  fit,  to 
approved beneficiaries;  and other  persons  in accordance  with the priorities  mentioned  in 
or  under  section  43  in  such  manner  and  subject  to  such  terms  and  conditions,  as  it 
considers  expedient  for  securing  the  purposes  of  this  Act. 

1Section  32  was  substituted  for  the  original  by  Mah.  18  of  1990,  s.  3. 

2Sections  33,  34,  35,  36,  37,  38  and  39  were  deleted,  ibid.,  s.  4. 

*The  short  title  was  amended  as  "Maharashtra  Government  Premises  (Eviction)  Act"  by  Mah.  24 

of  2012,  Sch.,entry  59,  w.e.f.  1-5-1960. 

**Now  see  the  Maharashtra  Rent  Control  Act,  1999  (Mah.  18  of  2000). 

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Maharashtra  Horticulture  Development  Corporation  Act,  1984 

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(2)  The  powers  of  the  Corporation  with  respect  to  the  disposal  of  land  under  sub- 

section  (1)  shall  be  so  exercised  as  to  secure,  so  far  as  practicable,  that 

(a)  where  the  Corporation  proposes  to  dispose  of by  sale  any  such  land  without any 
development  having been undertaken  or carried  out thereon,  the  Corporation  shall  offer 
the land  in the first  instance to  the persons  from whom  it was  acquired,  if they desire  to 
purchase it,  subject to  such requirements as  to  its development and  use as  the  Corporation 
may  think fit  to  impose; 

(b)  persons  who  are  raising  agriculture  or  horticulture  crops  or  carrying  on  other 
activities  on  any  such  land  shall,  if they  desire  to  obtain  such  land  belonging  to  the 
Corporation and  are willing to  comply with any requirements  of the Corporation  as  to its 
development  and  use,  have  an  opportunity  to  obtain  such  land  as  is  suitable  to  their 
reasonable  requirements  on  terms settled  with due  regard to  the  price at which  any  such 
land  has  been acquired  from  them, 

(3)  Nothing  in  this  Act  shall  be  construed  as  enabling  the  Corporation  to  dispose  of 
land  by  way  of  gift,  mortgage  or  charge,  but  subject  as  aforesaid  reference  in  this  Act 
to  the  disposal  of  land  shall  be  construed  as  reference  to  the  disposal  thereof  in  any 
manner,  whether  by  way  of sale,  exchange  or  lease  or by  the  creation  of any  easement, 
right  or privilege  or  otherewise. 

. 

Voluntarily 
entrusting  of 

41.  (1)  Where  any land-holder or  owner  of the  land  is voluntarily  prepared to  entrust 
land  to  his  land to  the  Corporation,  the Corporation  may,  subject to  the previous approval  of the 
Corporation.  terms  and  conditions  by  the  State  Government,  secure  such  land  in  accordance  with 
mutual  agreement between the  Corporation  and  such land-holder  or owner.  Such  terms 
and  conditions  may  include,- 

. 

. 

. 

(a)  payment of compensation  which  shall not be  less than the amount  of compensation 
payable for  land,  had  it  been acquired  in  accordance  with the  provisions  of section  32J, 
or 

(b)  such  land-holder or  owner  shall,  afler such  land  is developed  by the  Corporation, 
be  eligible  for  allotment  of a  plot,  without payment  of any  contribution towards  capital 
expenditure,  in the  said land in the farm or estate,  irrespective whether  he is an  approved 
beneficiary  or not,  but the  area  of  such a  plot  allotted to  the  land-holder  or owner  shall 
be,- 

(i)  one  hectare,  if the  total area  of the  land  entrusted to  the  Corporation by  him does 

not  exceed  10  hectares  ;  or 

(ii)  ten  per  cent.  of  the  total  area  of  land  entrusted  to  the  Corporation  but  not 
exceeding  2.5  hectares,  if the  total  area  of  land  so  entrusted by  him  to  the  Corporation 
exceeds  10  hectares 

Provided that,  land  shall be  obtainable from any person under this  section  irrespective 

of the  fact whether  such  a  person  is  a  plot-holder  of the  Corporation  or  not 

i 

These  words  and  figures  were  substituted  for  the  words  and  figures  "in  accordance  with  the  provisions 

of  section  34"  by  Mah.  18  of  1990,  s.  5. 

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Provided further  that,  the person obtaining  such land  shall  hold it  on  such other terms 
and  conditions  as  are  applicable  to  other  plot-holders  in the  farm  or  the  estate  and  he 
shall  not be  entitled  to  enjoy  any  special  or  favourable  rights  or privileges  vis-a-vis  the 
Corporation. 

(2)  Any  land  handed  over by  the  land-holder or  owner  to  the  Corporation  shall  vest 
in the  Corporation,  as the property  ofthe Corporation,  without any liability  or encumbrances 
whatsoever. 

42.  The  Corporation  shall  layout  plots  of  land  in  its  farms  or  estates  and  each  such Laying  out 

plot  may  admeasure  not  less  than one  hectare or more  than two  and  half hectares.  Such 
plot  shall,  subject to  the provisions  of sections  4 1  and  43 ,  be  alloted by  the Corporation. 

°  S 

following  priorities,  that  is  to  say- 

43.  (1)  The  plots  shall  be  allotted  in  prescribed manner  and  in  accordance  with  the  Allotment 
and  priority 
in  allotment 
of plots. 

. 

. 

. 

. 

. 

(a)  eligible  land-holder  under  clause  (b)  of  sub-section  (1)  of  section  41; 

(b)  the  approved beneficiaries  from  the  village  within  which  the  land  is  situated; 

(c)  the  approved  beneficiaries  from  the  Tahsil  within  which  the  land  is  situated; 

(cl)  the  approved beneficiaries  from  the  district  within  which  the  land  is  situated. 

(2)  If sufficient number  of approved beneficiaries are not forthcoming in any particular 
district  the  plot  may  be  allotted  by  the  Corporation  to  any  person  from  that  district 
according  to  the  rules  made  in  this behalf 

44.  Subject to the other provisions ofthis Act or  the rules made thereunder or the other  Plot-holder 

terms  and  conditions  of allotment  of plot  under  this  Act,  every  allotment  of a  plot  to  a 
plot-holder  shall  be  on  the  basis  that  the  plot-holder  shall  be  a  co-partner  in the  land  owner  of 
comprised in the plot with the  Corporation until such time the  plot-holder discharges  his to  him. 
liabilities under Chapter  VII and the plot-holder  shall become the owner of such plot  afler 
he  discharges  such  liabilties. 

plot  allotted 

45.  Subject to  the provisions  of this  Act, the  allotment of plot to the  plot-holders  shall  Terms  and 
onditions 

be  on  the  terms  and  conditions  as  the  Corporation  may,  with the  previous  approval  of 
the State  Government,  determine and such terms and  conditions shall include the following  allotment. 
terms  and  conditions,  that  is  to  say,- 

(a)  development of the  land  as  per the  working  development plan as  drawn-up  by the 
Corporation  and  subject  to  the  plot-holder's  obligations  to  comply  with  the  directions 
issued  by  the  Corporation  from  time to  time; 

(b)  each plot-holder  undertakes  to  abide by  scheme  of  financing annual  expenditure 

and  capital  expenditure  as  worked  out by  the  Corporation  from  time to  time 

(c)  each plot-holder  shall  himself work  on  the  plot  allotted to  him and  shall  not  sub- 

let  the  plot  or  hire  the  labour  to  substitute  his  own  labour 

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Maharashtra  Horticulture  Development  Corporation  Act,  1984 

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(cl)  each plot-holder  shall  accordingly accept the work  offered to  him by  the Manager 
or any other  officer  of the  Corporation either in his  own plot  or any  other plot within the 
same farm  or  estate. 

CHAPTER VII 

APPORTIONMENT  OF  Amu 

AND  CpITj. EXPENDITURE  AND  STORAGE,  TRANSPORT, 

PROCESSING  AND  MARKETING  OF  PRODUCE  FROM  FARMS  AND  ESTATES. 

Apportion- 

46.  The  Corporation  shall,  for  the  purposes  of both annual  and  capital  expenditures, 
expenses.  apportion  of  each  of its  farms  or  estate  the  required  fund  for  the  development  from  its 
own  fund.  Each  plot-holder  in the  farm  or  estate  shall,  subject  to  the  provisions  of this 
Act,  bear  the proportionate  share in both  annual  and  capital  expenditure in  the  ratio  of 
expenditure incurred in respect of his  plot to the total expenditure on the  land or the farm 
or estate  as  the  Corporation may  determine from  time to  time,  and  the plot-holder  shall 
accordingly be liable  to  make payment  thereof to  the extent  of the amount  debited to  his 
account by the  Corporation including the amount of loan, if any, paid to  him under clause 
(cl)  of  section  16 

Provided that, the  actual payment by the plot-holder towards discharge of the aforesaid 
liability by him shall  commence  on the day afler such  gestation period as  the Corporation 
may  determine  and  declare  in  respect  of the  plot  held  by  him. 

Liability  to 
pay  service 

47  In addition to the  capital expenditure and  annual expenditure to be apportioned  on 
charges.  plot-holders,  each  plot-holder  shall  be  liable  to  pay to  the  Corporation  an  amount  equal 
to five  per cent.  of the  annual expenditure and  fifteen per cent.  of the capital  expenditure 
on  the  farm  or  estate  towards  service  charges 

Provided that,  the  plot-holder  who  opts  to  share  a  net  income  with  the  Corporation 
in  accordance  with  the  provisions  of  section  50  shall  not  be  liable  to  pay  such  service 
charges. 

Earning 
wages  by 

48.  The  plot-holders  on  the  farms  or  estates  shall  also  concurrently  work  on  the 
plot-holders  development  works  of the  Corporation  and  earn  wages.  The  plot-holder  will  have  first 
for  work  in  right  to  refuse  the  work  on  the  farm  or  the  estate  which  may  lead  to  the  cancellation 

farm. 

of allotament  of plot  to  him  and  eviction from  such  plot in the  farm  or  the  estate. 

Refusai  to 

49  Any  plot-holder  who  refuses  to  work  on  farm  or  estate  when  work  is  offered  to 
plothoer  him,  shall  be served with a notice by the  Manager or any other officer  of the  Corporation 
authorised by  the  Manager  in this  behalf terminating the  allotment  of plot: 

Provided that,  no  such  action  shall  be  taken  against the  plot-holder,  where- 

(i)  such  a  plot-holder  has  reasonable  and  valid  grounds  for  not  accepting  the 
work  and  the  Manager  or the  authorised officer  is  satisfied  about  the  existence  of  such 
grounds 

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(ii)  the  plot-holder  has  put  in  work  at  least  for  1 5  days,  out  of  the  total  number 

of days  in  a  month  when work  has  been  offered  in  the  same  calendar  month. 

50.  For ensuring the  discharge of liability of the plot-holder  under sections  46  and  47  Adjustment 
and  recovery 
by  the plot-holder  the  Corporation  shall  have  the  right  to  adjust  or  recover  the  dues  of of amounts 
le10t 
the plot-holder from the wages  or sale  proceeds  of the  horticulture or agriculture produce 
of the  plot-holder 

Provided that,  Corporation  may,  grant  an  exemption  to  the  plot-holder  from  making 
payment  of  the  dues  under  sections  46  and  47  in  lieu  of  the  plot-holder  agreeing  to 

contribute  fifty-one  per cent.  of  the  net  income  from the  standard yield  and  twenty  per 

cent.  of the  net income  from the  surplus yield per  annum to  the  fund of the  Corporation 
for the  period of thirty years afler the  gestation period  as  determined by the  Corporation 

under  section  46 

Provided further  that,  the  Corporation  shall  deduct  from the  amount  of sale  proceeds 
the  sums  to  be  credited  to  the  reserve  or  denominated  funds  under  the  provisions  of 

section  24. 

51.  A farm  or an  estate  shall  be  organised  for  growth  and  production  of one  or more  Standard 

yield. 

major  crops  of  horticulture  produce.  Intial  project  report  or  subsequent  annual  or  term 
production plan  shall  indicate  the input  and output  data  indicating  the  expected yield of 
these  crops.  Such an  yield  shall  be known  as  standard yield which  shall be  fixed before 
the commencement of each farming year or season  in advance,  and include the yield from 

all  the  horticulture  produce  in the  farm  or  estate. 

52.  With the prior  approval of the Corporation,  a plot-holder  shall be free to  undertake  SurPlus  yield. 

growth  and  production  of  suitable  crops  other  than  major  crops of  horticulture produce 

afler using the land comprised in  his plot as  per the project report for major  crops.  Similary 
a  plot-holder  may  undertake  on  farm  or  off  farm  ancillary  occupations  based  on, 
or  supplementary  to  the  operations  in  the  project  report.  Any  yield  derived  from  such 
crops other than major crops or ancillary occupations shall be known as  surplus yield  and 
will  not include  yield from horticulture  produce. 

53.  The  accounts  of income and  expenditure for both standard yield and  surplus  yield  Accounting 

shall  be  maintained by  the  Corporation,  for  each  of the  plot-holder  for  each year. 

54.  It  shall  be  the  duty  of  the  Corporation  to  undertake  the  storage,  transport,  Obligation 

processing and marketing  of horticulture produce  or agriculture produce  (if any),  that is,  storage, 
both  standard yield  and  surplus  yield from  the plots  in the  farms  or  estate  and  the  plot- transport, 
processing, 
holder  shall  not  enter  into  any  transaction  directly  with  any  other  person  for  storage,  etc.  of 
produce. 
transport,  processing  or  marketing  of  any  such  produce. 

of income 
from  yields. 

to  undertake 

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Maharashtra  Horticulture  Development  Corporation  Act,  1984 

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CHAPThR VIII 

UNTJTILSED  SURPLUS  LANDS  IN  FAdMs  OR  ESTATES. 

Six  monthly 
55.  (1)  With  a  view  to  ascertaining  whether  any  farm  or  estate  developed  by  the 
utiliztion  Corporation  has been fully utilised for horticultural purposes  or not, the  State Government 
land.  may  direct  the  Corporation  to  submit  a  six-monthly  report  containing  the  following 

information in respect  of such  area,  namely:- 

(a)  the  total  number  of plots  and  the  area  of each  plot  in  the  farm  or  estate; 
(b)  the  number  of plots  allotted  and  delivered  under  the  provisions  of the  Act; 
(c)  un-utilised  area  of  land  in  each farm  or  estate  giving  details of  quality  of  soil 

and  potential  of farm  development; 

(cl)  details  of  utilization  of land  allotted,  both for  major  and  minor  crops; 
(e)  details of any  other  on farm activity  undertaken by  the plot-holder  on the  plot; 
the  period for  which  the  area  of land  in the farm  or  estate  remained unutilised 
from the  date  of delivery  of possession  to  the plot-holder  and  the  reasons  therefor as 
stated  by  the  plot-holder. 

(2)  Upon  receipt  of  such  directions,  the  Corporation  shall  serve  notices  to  the  plot- 
holders  in  the  farm  or  estate  calling upon  them  to  furnish to  it  the  information in  the 
prescribed form  and when so  called upon each  plot-holder  shall be bound to  furnish true 
and correct information  required within one month from the  date of receipt of such notice 
by  him. 

(3)  For the purpose  of enabling the  Corporation to  determine whether there is  any un- 
utilised portion  of any  plot  in the  farm or  estate  and  whether such  portion is  capable  of 
development,  it  shall  be  lawful  for  any  officer  of  the  Corporation  either  generally  or 
specially authorised by it  in this behalf,  and for its servants  and workmen, at  all  reasonable 
hours- 

(i)  to  enter  upon  and  survey  the  plot; 

(ii)  to  set  out  the  boundaries  of  the  un-utilised  portion  of  the  plot;  and 

(iii)  to  do  all  other  acts  necessary  for  the  purposes  aforesaid. 

(4)  If the  Corporation  is  satisfied  that any  plot-holder  has  not  utilised  any portion  of 
land  in his  plot  in accordance  with the  project  report  of the  farm within  one year  of his 
entry  in the  plot  and  the un-utilised  portion  is  capable of  development,  the  Corporation 
may, notwithstanding anything  contained in any contract or in any law for the time being 
in force,  before  the  expiry of  such period,  or  from  the  date  of receipt  of  such report,  as 
may  be prescribed,  issue  to  the  plot-holder  a  notice  to  show  cause  why  such un-utilised 
portion  or whole  of  the plot  should  not  be  withdrawn  from  him. 

(5)  When  any  such notice  under  sub-section  (4)  is  issued,  the  Corporation  shall  give 
a  reasonable  opportunity  of being  heard  to  the  plot-holder  and  it  shall  be  open  to  the 
plot-holder  to  appear and  object  to  such  withdrawal  of plot  on  the  ground  that  the  un- 
utilised portion is required by the plot-holder himself for the purpose of further development 
of  his  plot  and  that  he  has  already  taken  effective  steps  for  utilising  such  portion. 

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Explanation. -For  the  purposes  of  this  sub-section,  the  expression  "effective  steps" 

shall  mean- 

(i)  the plot-holder  has prepared the  necessary project report in respect of the proposed 

expansion of  his  plot  indicating  the  requirements  of  such expansion  ;  and 

(ii)  (a)  the  plot-holder  has  approached  a  financial  institution  for  raising  required 

finance; 

(b)  the  plot-holder  has  placed  his  demand for  inputs  with  the  Corporation. 

(6)  If  afler  giving  such  plot-holder  a  reasonable  opportunity  of  being  heard,  the 
Corporation  is  satisfied that  the  holder of the plot  has  failed  to  utilise  or is  not  likely  to 
utilise  the  un-utilised  portion  of land  in the  plot  within  a  reasonable  period  ;  and  such 
un-utilised  portion  can  be  used  for  accommodating  another  approved  beneficiary,  the 
Corporation  may,  notwithstanding  anything  contained  in any  contract  or in  any  law for 
the time being in force, for the purpose  of enabling  the Corporation to properly discharge 
its functions of promoting rapid growth and development of horticulture by accommothting 
another approved beneficiary  on  such unutilised portion, withdraw the  plot by cancelling 
the allotment  and  re-allot such  a plot  or portion  thereof to  another  approved beneficiary 
or person in accordance  with the  provisions  of section  43  and upon  such re-allotment  of 
plot  to  some  other  such  approved  beneficiary  or  person  the  former  plot-holder  shall 
deliver  the  possession  of  the  plot  of  the  portion  thereof,  as  the  case  may  be,  to  such 
approved  beneficiary  or  person. 

(7)  If any person  refuses  or  fails  to  deliver  such possession  under  the  last  preceding 
sub-section,  the  Corporation  may  take  possession  of the  land,  and  may  for  that  purpose 
use  such  force  as  may  be  necessary. 

CHAPThR IX 

SUPPLEMENTARY  AND  MISCELLANEOUS  PRovlsoNs 

56.  (1)  For the  furtherance  of the  objects  of this  Act,  the  State  Government  may  by  Transfer  of 

notification  published  in  the  Official  Gazette,  upon  such  conditions  as  may  be  agreed 
upon between that Government and the  Corporation, place at  the disposal ofthe Corporation  Corporation. 
any  lands  vested  in  the  State  Government 

i 

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.J 

(2)  After any  such  land  has  been developed  by,  or  under the  control  and  supervision 
of  the  Corporation,  it  shall  be  dealt  with  by  the  Corporation  in  accordance  with  the 
regulations  made,  and  directions  given  by  the  State  Government  in this behalf 

(3)  If  any  land  placed  at  the  disposal  of  the  Corporation  under  sub-section  (1)  is 
required  at any time thereafler by  the State  Government,  the Corporation  shall  replace  it 
at  the  disposal  of  the  State  Government  upon  such  terms  and  conditions  as  may  be 
mutually  agreed  upon. 

'This  proviso  was  added  by  Mah.  18  of  1990,  s.  6. 

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Unrestricted 
Corporati:n  15  or  16,  the  Corporation  or  its  officers  and  agents  ;  and 

57  (1)  (i)  Within  any  area  of farm  or  estate  taken up  for  development  under  section 

in  lands 
alloted  to 

(ii)  for  the purposes  of  (a)  carrying  water  or  electricity  from a  source  of supply  to  or 
beneficiary.  (b)  constructing  any  drains,  channels,  pathways  for  carrying  smooth  working  of  the 
activities  of the  farm  or  estate  through  any  intervening  plots,  any  person  authorised  in 
this  behalf by  the  Corporation  (hereinafler in this  section  referred  to  as  "the  authorised 
person"), 

may  lay down,  place, maintain,  alter,  remove  or repair any  water supply,  or electricity 
lines,  channels  or other  appliances  or  apparatus  in,  on,  under,  over,  along  or across  any 
land  in  such  areas. 

(2)  The  Corporation  or  the  authorised  person  may  at  any  time  enter  upon  any 
land  in  any  such  area  and  in  such  event  the  provisions  of  section  58  shall  mutatis 
mutandis  apply. 

Powers  of 

58.  Any officer of the  State  Government, any member or officer of the Corporation,  and 
entry.  any person either generally or specially  authorised by the  Corporation in this behalf,  may 
enter  into  or upon  any  land  or building  with  or  without assistants  or  workmen  for  the 
purposes  of- 

(a)  making any inspection,  survey,  measurement,  valuation or enquiry of such land 

or buildings 

(b)  examining  works  under  progress  and  ascertaining  the  course  of  water  and 

drains; 

(c)  digging  or  boring  into  the  sub-soil; 
(cl)  setting  out  boundaries  and  intended  lines  of  work 
(e)  marking such levels, bounthries and lines by placing marks and cutting trenches; 
constructing minor  irrigation work  necessary for the water supply  to the farm or 

estate 

(g)  for  applying  any  inputs  required  for  development; 
(h)  for the purposes of taking or  obtaining of the agriculture  or  horticulture produce; 
(i)  for  the  purposes  of  taking  any  measures  or  development  of  plant protection; 
Û)  for  pluking  the  fruits  from  the  trees,  etc 
(k)  doing  any  other  thing  necessary  for  the  efficient  administration  of this  Act: 
Provided that,  no  such  entry  shall  be  made  except  between  the  hours  of  sunrise  and 
sunset  and  without  giving  reasonable  notice  to  the  plot-holder  or  his  family  member 
present  on  the  plot. 

59.  The  State  Government  may,  by  notification  in  the  Official  Gazette,  nominate 
Nomination 
ofo1I:  any officer  of the  Corporation to  be a  controller or licensing  authority under any  law for 
authority.  the time being  in  force relating  to the  procurement  or distribution  of  any commodity  in 
respect  of the  development  operation by  the  Corporation  and  no  such nomination  shall 
be  called  into  question  merely  on  the  ground  that  such  officer  is  not  an  officer  of the 
State  Government. 

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Maharashtra  Horticulture  Development  Corporation  Act,  1984 

21 

60.  All  sums payable by any person to the Corporation  or recoverable by it by  or under 

this  Act  and  all  charges  or  expenses  incurred  in  connection  therewith  shall,  without  an  arrear  of 
prejudice to  any  other  mode  of recovery be  recoverable  as  an  arrear of  land  revenue  on 
the  application  of the  Corporation. 

nue 

61.  (1)  All  notices,  orders  and  other  documents  required  by  this  Act  or  any  rule  or  Service  of 

notices,  etc. 

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 

I  of  with the  provisions  of section  5  1  of the  Companies  Act,  1956 

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 

(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 that  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; 

(cl)  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 plot-holder  may 
be  addressed  "the plot-holder"  of that plot  in the  farm or  estate without further  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  (cl) 

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  delivered,  is  affixed  to  some  conspicuous  part  of the  land 
or building. 

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Maharashtra  Horticulture  Development  Corporation  Act,  1984 

11988  :  Mah. XXV 

(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 

Public 

62.  Every public notice  given  under this  Act or any rule  or regulation made thereunder 
notices  how  shall  be  in  writting  over  the  signature  of  the  officer  concerned  and  shall  be  widely 
to  be  made 
known.  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. 

Notice 

63.  Where  any notice,  order  or other  document issued  or  made under this  Act,  or any 
performance  rule  or regulation made  there under  requires anything  to be  done for  the doing of which 
no  time  is fixed  in this  Act or the  rule or  regulation, the  notice,  order or other  document 
shall  specify  a reasonable  period of  time for  doing  the  same  or  complying  therewith. 

64.  (1)  The  Corporation  shall  furnish to  the  State Government  such  returns,  statistics, 
Furnishing 
of  returns,  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 

(2)  The Corporation shall  in addition to the audit report  referred to in section 27 furnish 
to the  State  Government  an annual  report on its  working as  soon as  may be  afler the end 
of each  financial  year  in  such  form  and  detail  as  may  be  prescribed,  and  a  copy  of the 
annual  report  shall  be  placed  before  the  State  Legislature  as  soon  as  may  be  afler  it  is 
received  by  the  State  Government. 

Default  in 
performance 

65.  (1)  If the  State  Government  is  satisfied that  the  Corporation  has  made  a  default, 
in períòrming  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,  in  the  opinion  of  the  State  Government,  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  officer  or 
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  supersession, 

vest  in  the  State  Government. 

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Maharashtra  Horticulture  Development  Corporation  Act,  1984 

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66.  (1)  Where  the  State  Government  is  satisfied  that  the  purposes  for  which  the  Dissolution 
Corporation  was  established  under  this  Act  have  been  substantially  achieved  so  as  to  Corporation. 
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  and  the  Vice  Chairman,  if any) 
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 

Offences  and 
penalties. 

against the  State  Government. 

67.  Whoever- 

(a)  whether  at  his  own  instance  or  at  the  instance  of  any  other  person,  undertakes 
or carries  out development or  works in the plot  allotted to him,  contrary to the terms  and 
conditions  under  which  he  holds  the  plot  under  this  Act, 

(b)  uses  the plot  contrary  to  the  terms  and  conditions  under  which  he  holds  the  plot 
under this Act, or  in contravention  of the provisions  of any  regulations made  or direction 
given  in that  behalf,  or 

(c)  obstructs  the  entry  of a  person  authorised under  section  58  to  enter  into  or upon 
any  land  or  building  or  molests  such  person  afler  such  entry  or  obstruct  the  lawful 
exercise  by  him  of  any  power  conferred by  or  under  this  Act, 

shall,  on  conviction,  be  punished,- 

(i)  when the  offence  is  under clause  (a),  with fine which  may  extend to  ten  thousand 

rupees 

(ii)  when the offence  is  under clause  (b), with fine  which may  extend  to five  thousand 

rupees 

(iii)  when  the  offence  is  under  clause  (c),  with  imprisonment  for  a  term  which 
may  extend  to  six  months,  or  with  fine  which  may  extend  to  one  thousand  rupees,  or 
with both; 

(iv)  when  the  offence  is  continuing  one  under  any  of  the  provisions  of this  section, 
with a further  daily  fine not  exceeding one hundred  rupees during  the continuance  of the 
offence. 

68.  (1) No court shall  take cognizance of any offence punishable  under this Act except  Cognizance 
of offences. 

on  the complaint of,  or upon information received from,  the  Corporation or some  person 
authorised by  the  Corporation  by  general  or  special  order  in  this behalf 

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Maharashtra  Horticulture  Development  Corporation  Act,  1984 

1 1988  :  Mah. XXV 

(2)  Notwithstanding  anything  contained  in the  Code  of  Criminal Procedure,  1973, it  2  of 

shall be lawful  for the Metropolitan Magistrate or the Magistrate  of the First Class  to  pass ' 
on  any  person  convicted  of  an  offence  under  this  Act,  a  sentence  of  fine  as  provided 
in clause (a)  read with paragraph  (1)  of section  67, in excess  of his  powers under  section 
29 of the  said  Code. 

Compounding 
of  offences. 

. 

69.  (1)  The  Corporation  or  any  person authorised  by  the  Corporation  by  general  or 
special  order in this  behalf may,  either before  or afler  the institution  of the proceedings, 
compound  any  offence  made  punishable  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. 

70.  (1)  The  State  Government  may,  if it  thinks  fit,  delegate  any  of its  powers,  under 
Delegation 
of  powers  this  Act  except  the  power  to  make  rules,  to  any  of  its  officers  by  a  notification  in  the 

Government  Official Gazette. 

or  of 
Corporation. 

(2)  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 to permit them to re-delegate  specific powers to their subordinates,  by general 
or  special  order  in this behalf 

Power  to 
make rules. 

71.  (1)  The  State Government  may,  by  notification  in the  Official  Gazette  and  subject 
to the  condition of previous publication,  make  rules to  carry out the purposes  of this  Act. 

(2)  In  particular  and  without prejudice  to the  generality  of the  foregoing  power  such 

rules  may  provide  for  all  or  any of  the following  matters,  namely:- 

(a)  under  section  20, the  limits and  conditions  as  regards  the  sum to  be kept  on hand 

for  day  to  day  transactions,  by  the  Corporation; 

(b)  under  section  22, the  conditions  subject  to  which  the  Corporation  may  borrow; 

(c)  under section  26, the date by which  the annual financial statement  and programme 
of work  shall be  submitted by  the Corporation to  the  State Government  and the  form and 
the  manner of  preparing  such  statement; 

(cl)  under  section  27, the  form  and  the  manner  in  which  the  books  of accounts  and 

other  books  shall  be  maintained  by  the  Corporation; 

1* 

* 

* 

* 

under  section  43, prescribe  the  manner and  terms and  conditions  subject to  which 

the  plots  would  be  allotted 

(g)  under section 55,  the form in which the plot-holders shall  furnish the  information; 

(h)  under  section  64, the  form  of,  and  the  details  to  be  given  in,  the  annual  report; 

(i)  the  fees  which  may  be  charged  by  the  Corporation; 

Û)  any  other  matter which  has  to  be,  or  may  be,  prescribed  by  rules. 

1Clause  (e)  was  deleted  by  Mah.  18  of  1990,  s.  7 

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Maharashtra  Horticulture  Development  Corporation  Act,  1984 

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72.  The  Corporation  may,  with the  previous approval of the  State  Government,  make  Power  to 

regulations  consistent  with  this  Act  and  the  rules  made  thereunder  to  carry  out  the  make 
regulatios  by 
purposes  of  this  Act,  and  without  prejudice  to  the  generality  of  this  power,  such  Corporation. 
regulations  may  provide  for- 

(a)  under  section  7,  the  time  and  place  of  meetings  of  the  Corporation  and  the 

procedure  to  be  followed  in  regard  to  the  transaction  of  business  at  such  meetings; 

(b)  under  section  20,  the  officers  of the  Corporation  who  may  operate  its  accounts; 

(c)  under  section  56,  the  manner  in  which  Government  lands  transferred  to  the 

Corporation  shall  be  dealt  with by  the  Corporation  afler  development; 

(cl)  the  additional  terms  and  conditions  subject  to  which  lands  of plots  and  estates 

may  be  held  or  used; 

(e)  any  other  matter which  has  to  be,  or  may  be,  provided  by  regulations. 

73.  All  rules  and  regulations  made  under  this  Act  shall  be  laid,  as  soon  as  may  be,  Rules  made 

afler they are  made  before each House  of the  State  Legislature  while  it  is in  session for  under 
a total period of thirty days,  which  may be  comprised in one session  or in two  successive  and 
sessions,  and  if,  before  expiry  of  the  session before  which  they  are  laid  or  the  session  regulations 
immediately following,  both the Houses  agree in making any modification in the rules or 
72 
in the  regulations  or both  the  Houses  agree  that  the  rules  or  the  regulations  should  not to  be  laid 
be  made,  and  notify  their decision to  that  effect  in the  Official  Gazette,  the  rules  or the  before  both 
regulations,  as  the  case  may  be,  shall,  from  the  date  of publication  of  such  decision  in  Houses  of 
the  Official  Gazette,  have  effect  only  in  such  modified  form  or be  of  no  effect,  as  the  Legislature. 
case  may  be;  so,  however,  that  any  such  modification  or  annulment  shall  be  without 
prejudice  to  the  validity  of  anything  previously  done  or  omited  to  be  done  under  the 
said  rules  or  regulations,  as  the  case  may  be. 

section  71 

74.  No  suit,  prosecution  or  other  legal  proceedings  shall  lie  against  any  person  for  Protection  of 

anything  which  is  in good  faith  done or  intended  to  be  done under  this  Act or  any  rule 
or regulation made  thereunder. 

75.  All  members,  officers  and  servants  of the  State Government,  or the  Corporation,  Members, 
as  the  case  may  be,  shall,  when  acting  or  purporting  to  act  in pursuance  of  any  of the  offie15t 

XLV  provisions  of this  Act  or  rules  or  regulations  made  thereunder,  be  deemed  to  be  public  servants. 

o f servants  within  the  meaning  of  section  2 1  of the  Indian Penal  Code. 

1860. 

76.  The provisions  of this Act  shall  have  effect notwithstanding  anything inconsistent  Effect  of 
provisions 
of Act. 

therewith  contained in  any  other  law. 

77.  If any  doubt  or  difficulty  arises  in giving  effect  to  the  provisions  of this  Act  the  Power  to 

State  Government  may,  by  order,  make  provision or give  such direction,  not  inconsistent 
doubts  and 
with the  express provisions  of this  Act,  as  may  appear to  it to  be necessary  or  expedient  difficulties. 
for  the  removal  of the  doubt  or  difficulty: 

Provided that,  no  such order  shall  be made  afler the  expiry of the  period of two years 

from the  date  of commencement  of  this  Act. 

PRINTED  AT  YERAVDA  PRISON  PRESS,  PUNE  6. 

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Maharashtra  Government Publications  can  be 
obtained from - 

. 

. 

. 

. 

THE  DIRECTOR 

GOVERNMENT  PRINTING,  STATIONERY  AND  PUBLICATIONS 
Maharashtra State 
Netaji Subhash Road, MIJIVIIBAT-400 004. 
Phone  :  (022)  23630695 
(022)  23634049 

THE  MANAGER 

GOVERNMENT  PHOTOZINCO  PRESS  AND  BooK  DEPOT 
Photozinco Press Area, Near G  P.  0. 
PTJNE-411  001. 
Phone:  (020)  26125808 
(020)  26124759 

THE  MANAGER 

GOVERNMENT  PRESS  AND  BooK DEPOT 
Civil Lines 
NAGPUR-440  001. 
Phone:  (0712)  2562615 

THE  ASSISTANT  DIRECTOR 

GOVERNMENT  STATIONERY,  STORE  AND  BooK DEPOT 
Shaha Ganj, Near Gandhi Chowk 
AURANGABAD-43 1  001. 
Phone:  (0240)  2343396 
(0240)  2331468 

THE  MANAGER 

GOVERNMENT  PRESS  AND  STATIONERY,  STORE 
Tarabai Park, 
KOLHAPUR-416 003. 
Phone:  (0231)  2650402 

AND  THE  RECOGNISED  BOOKSELLERS 

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