GOVERNMENT  OF  MAHARASHTRA

LAW    AND    JUDICIARY  DEPARTMENT

MAHARASHTRA  ACT  No.  XXIII  OF  1998.

THE  MAHARASHTRA  GODAVARI  MARATHWADA

IRRIGATION  DEVELOPMENT  CORPORATION  ACT,  1998.

(  As  modified  upto  the  10th  October,  2013  )

PRINTED  IN  INDIA  BY  THE  MANAGER,  GOVERNMENT  PRESS  AND  STATIONERY
STORES,  KOLHAPUR  AND  PUBLISHED  BY  THE  DIRECTOR,  GOVERNMENT
PRINTING,  STATIONERY  AND  PUBLICATIONS,  MAHARASHTRA  STATE,
MUMBAI–400  004.

2013

[ Price : Rs. 14.00 Ps. ]

1998 : Mah. XXIII]

(i)

MAHARASHTRA  GODAWARI  MARATHWADA  IRRIGATION
DEVELOPMENT  CORPORATION  ACT,  1998.
______________

PREAMBLE.
SECTIONS.

CONTENTS

CHAPTER I
PRELIMINARY.

1.
2.

Short title and extent.
Definitions.

CHAPTER II
ESTABLISHMENT, CONDUCT OF BUSINESS AND EMPLOYEES OF THE
CORPORATION.

Establishment of  Godawari Marathwada Irrigation Development Corporation.
Constitution  of  Corporation.
Executive  Committee.
Disqualifications for membership and removal of members.
Meetings of Corporation.
Constitution of  committees.
Provision for inviting officers of Government and local authority.
Filling up of casual vacancy of member.
Act not to be invalidated by vacancy, informality, etc.
Officers and servants of  Corporation.
Disqualification of  all officers and staff.
Authentication of orders, etc. of  Corporation.

CHAPTER III
VESTING OF PROPERTY, ASSETS, LIABILITIES AND OBLIGATIONS AND
TRANSFER OF EMPLOYEES.

Vesting and transfer of  property to Corporation.
Decision of State Government on vesting of property to be final.
Power of State Government to depute certain Government employees

to Corporation.

3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.

15.
16.
17.

CHAPTER IV

FUNCTIONS AND POWERS OF CORPORATION.

18.

19.

Functions of  Corporation.
General powers of the Corporation.

20. Water charges for supply of water, for irrigation, industrial and domestic purposes.
21.

Responsibility of Corporation for payment of interest on borrowed money.

22.

Prohibition of construction of dam, bandhara, weir, etc. except with approval

of  Corporation.

H  7-1

(ii)

Maharashtra  Godawari  Marathwada  Irrigation
Development  Corporation  Act,  1998

[1998 : Mah. XXIII

23.

24.
25.

26.
27.
28.

29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.

44.
45.
46.
47.
48.

49.
50.
51.
52.
53.

Co-ordination  with  other  authorities  to  minimise  incovenience  caused

by submergence.

Power to be exercised by Corporation under Maharashtra Irrigation Act, 1976.
Power of State Government to issue directions.

CHAPTER V
ACQUISITION OF LAND.

Power to acquire land for purposes of this Act.
Transfer of Government lands to Corporation.
Power of Corporation to dispose of land, etc.

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.
Power of Corporation to borrow.
Acceptance of deposits by Corporation.
Power to spend.
Expenditure on objects other than irrigation and Power Projects.
Allocation of expenditure chargeable to project on main objects.
Reserve and other funds.
Submission of budget to 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 charge levied by State Government.
Financial Statement and programme of work.
Accounts and Audit.
Concurrent and special audit of accounts.

CHAPTER VII
MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS.
Furnishing of annual reports and accounts, returns, etc.
Rehabilitation and re-settlement of the project affected persons.
Execution of contract, etc.
General penalty.
Power of entry.

1998 : Mah. XXIII]

Maharashtra  Godawari  Marathwada  Irrigation
Development  Corporation  Act,  1998

(iii)

54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.

Dues to be recovered as arrears of land revenue.
Service of notice, etc.
Public notice how to be made known.
Notice period for performance.
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.
Chairperson, Vice-Chairperson, 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.

66.
67.
68.
69.
70.
SCHEDULE

1

MAHARASHTRA  ACT  No.  XXIII  OF  1998
[THE MAHARASHTRA GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION
ACT, 1998.]

1

(This  Act  received  the  assent  of  the  Governor  on  14th  August  1998  :  assent
was  first  published  in  the Maharashtra  Government  Gazette, Part-IV,  on  the
17th  August  1998.)

Amended by Mah. 9 of 2000 (8-10-1999) †@

’’

’’ 31 of 2000 (4-5-2000) †

An  Act  to  make  special  provisions  for  promotion  and  operation  of  irrigation
projects,  command  area  development  and  schemes  for  generation  of  hydro-electric
energy  to  harness  the  water  of  Godawari  River  pertaining  to  the  State  of
Maharashtra  and  other  allied  and  incidental  activities  including  flood  control  in
the  Godavari  River  Valley  by  establishing  the  Godawari  Marathwada  Irrigation
Development  Corporation.

WHEREAS  it  is  expedient  to  make  special  provisions  for  promotion  and
operation  of  Irrigation  projects’,  command  area  development  and  schemes  for
generation  of  hydro-electric  energy  to  harness  the  water  of  Godawari  River
pertaining  to  the  State  of  Maharashtra  and  other  allied  and  incidental  activities
including  flood  control  in  the  Godawari  River  Valley  by  establishing  the  Godawari
Marathwada  Irrigation  Development  Corporation,  and  to  provide  for  matters
connected  therewith  and  incidental  thereto  hereinafter  appearing;  it  is  hereby
enacted  in  the  Forty-ninth  Year  of  the  Republic  of  India,  as  follows  :—

CHAPTER  I
PRELIMINARY

1.

(1) This  Act  may  be  called  the  Maharashtra  Godawari  Marathwada

Irrigation  Development  Corporation  Act,  1998.

(2) It  shall  extend  to  the  main  stream  of  Godawari  River  in  the  Districts  of  the
State  of  Maharashtra  as  specified  in  the  Schedule  to  this  Act  and  such  other  area  or
areas,  as  the  State  Government  may,  by  notification  in  the Official  Gazette, specify.

In  this  Act,  unless  the  context  otherwise  requires,—

2.
(a) “ area  of  operation  of  the  Corporation ’’  means  the  area  of  the  main  stream  of
Godawari  River  and  any  other  area  or  areas  to  which  the  provisions  of  this  Act  are
extended  by  the  State  Government  by  notification  in  the Official  Gazette, under
sub-section  (2) of  section  1;

(b) “ Corporation ’’  means  the  Godawari  Marathwada  Irrigation  Development

Corporation  established  under  section  3;

(c) “ Hydro-Electric  Power  Project ’’  means  and  includes  the  planning,  construction,
maintenance  and  management  of  Hydro-Electric  Power  Projects  (excluding  Bhandardara
(Phase  I  and  II)  and  Ghatgar  Hydro-Electric  Power  Projects)  within  the  area  of
operation  of  the  Corporation  and  shall  also  include  such  Hydro-Electric  Power
Projects  as  are  assigned,  handed  over  or  transferred  to  the  Corporation  by  the  State
Government ;

(d) “ Irrigation  Department ”  means  the  Irrigation  Department  of  Government ;
(e)  “ Irrigation  Project ’’  means  the  planning,  construction,  maintenance  and

management  of—

1 For  Statement  of  Objects  and  Reasons, see  Maharashtra  Government  Gazette, 1998,  Part-V.
† This  indicates  the  date  of  commencement  of  the  Act.
@ Mah.  Ord.  31  of  1999  was  repealed  by  Mah.  9  of  2000,  s.  7.

Short  title
and  extent.

Definitions.

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Maharashtra  Godawari  Marathwada  Irrigation
Development  Corporation  Act,  1998

[1998 : Mah. XXIII

(i) Major  Irrigation  Project  having  irrigable  command  area  of  more  than

10,000 hectares,

(ii) Medium  Irrigation  Project  having  irrigable  command  area  of  more  than

2,000 hectares  and  upto  10,000  hectares,

(iii) Minor  Irrigation  Project  having  irrigable  command  area  of  more  than  250

hectares  and  upto  2,000  hectares,
and  shall  include  command  area  development,  flood  control  and  other  allied

activities ;

(f) “ main stream of Godawari River ’’ means the geographical area of Godawari River
and  all  its  tributaries  within  the  Districts  of  Nashik  and  Ahmednagar  and  in  the
Marathwada  region  of  the  State  of  Maharashtra ;

(g) “ Member ’’  means  a member  of  the  Corporation designated  as  Director ;
(h) “ prescribed ’’  means prescribed  by  rules made under  this  Act ;
(i)  “ regulations ’’  means  the  regulations  made  under  this  Act ;
(j) “ State Government ” or “ Government ” means the Government of Maharashtra.

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  purpose  of  this  Act,  a  Corporation  to  be  called  the  Godawari  Marathwada
Irrigation  Development  Corporation.

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

(1) The  Corporation  shall  consist  of  the  following  members,  namely  :—

(3) The  head  office  of  the  Corporation  shall  be  at  Aurangabad.
4.
(a) the  Minister  for  Irrigation
(b)

two  non-official  members  to  be  appointed
by  the  State  Government.
the  Chief  Secretary  to  Government

(c)
(d) Secretary  to  Government,  Irrigation  Department  .

. .
. .

. .

. .

. .

. .

ex-officio Chairperson;
Vice-Chairpersons;

(e) Secretary  to  Government,  Irrigation  Department

(Command Area Development)

(f) Secretary  to  Government,  Finance  Department
(g) Secretary  to  Government,  Planning  Department
(h) Secretary  to  Government,  Revenue  and  Forests

Department (Forests)

ex-officio Vice-Chairperson;
ex-officio Managing
Director;
ex-officio Member;

ex-officio Member;
ex-officio Member;
ex-officio Member;

(i) Secretary  to  Government,  Revenue  and  Forests

ex-officio Member;

Department  (Relief  and  Rehabilitation).

(j) Secretary  to  Government,  Agriculture  Department
ex-officio Member;
(k) Seven  members  to  be  nominated  by  the  State  Government,  from  amongst  the
members  of  the  Maharashtra  State  Legislative  Assembly  elected  from  the  Assembly
constituencies  in  Nashik  and  Ahmednagar  Districts  Marathwada  region.

Establishment
of  Godawari
Marathwada
Irrigation
Development
Corporation.

Constitution
o f
Corporation.

1998 : Mah. XXIII]

Maharashtra  Godawari  Marathwada  Irrigation
Development  Corporation  Act,  1998

3

(l) two  members  to  be  nominated  by  the  State  Government,  from  amongst  the
members of  the Maharashtra State Legislative  Council from Nashik and Ahemednagar
Districts  and  Marathwada  region ;

(m) one  officer  not  below  the  rank  of  Secretary  to  Government,  from  the  cadre  of
the  Engineering  Services  of  the  Irrigation  Department  to  be  appointed  by  the  State
Government  as  the  Member-Secretary  of  the  Corporation  who  shall  be  Designated  as
the  Executive  Director  of  the  Corporation.  The  Executive  Director  shall  be  entitled  to
take  part  in  all  the  deliberations  and  proceedings  of  the  meetings  of  the  corporation
but  shall  have  no  right  to  vote.

(2) The term of office of  the nominated members  shall be for a period  of one  year

unless  terminated  earlier  by  the  State  Government :

Provided  that,  the  members  of  the  Maharashtra  State  Legislature  shall  cease  to  be
the  members of the  Corporation  if they cease  to be members of  the Maharashtra State
Legislature.

(3) The  non-official  members  of  the  Corporation    nominated  under  clause  (b) of
sub-section  (1)  shall  recieve  such  remuneration  and  allowances  as  may  be  laid  down
by  regulations.

(4) The  official  members  of  the  Corporation  shall  receive  such  compensatory
allowances,  for  the  purpose  of  meeting  the  personal  expenditure  in  attending  the
meetings  of  the  Corporation,  as  may  be  laid  down  by  regulations.

5.

(1) There shall be an Executive Committee consisting of the following members,

namely  :—

(a) Managing  Director  of  the  Corporation
(b) Executive  Director  of  the  Corporation
(c) Chief  Engineer,  Irrigation  Department,  Aurangabad
(d) Chief  Engineer  (Command  Area  Development),

. . Chairperson ;
. . Member ;
. . Member ;
. . Member ;

Aurangabad.

(e) Chief  Accounts  and  Finance  Officer  of  the  Corporation. . . Member ;
(f) Superintending  Engineer  of  the  Corporation

. . Member-Secretary.
(2) The  powers,  functions  and  duties  of  the  Executive  Committee  shall  be  such  as

may  be  laid  down  by  regulations.

6.

(1) A person shall be disqualified for being nominated as a non-official member

or  continue  to  be  such  member,  if  he,—

(a) is  an  employee  of  the  Corporation,  except  the  Executive  Director ;
(b) is  of  unsound  mind,  and  stands  so  declared  by  a  competent  Court ;
(c) is  an  undischarged  insolvent ;
(d) is  convicted  for  an  offence  involving  moral  turpitude ;
(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
employment  with,  by  or  on  behalf  of,  the  Corporation ;  or

(f) is a Director, Secretary, Manager or other office of any Company, which has any
share  or  interest  in  any  contract  or  employment  with,  by  or  on  behalf  of  the
Corporation :

Executive
Committee.

Disquali-
fication  for
membership
and  removal
of  members.

Meetings  of
Corporation.

4

Maharashtra  Godawari  Marathwada  Irrigation
Development  Corporation  Act,  1998

[1998 : Mah. XXIII

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,  having  a  share  or  interest  in  —

(i) any sale, purchase, lease or exchange of 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.
(2) The State Government may remove from the Corporation any non-official member

nominated  by  it,  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  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  reappointment  as  member  or  in  any  other  capacity  on  the  Corporation.

7. (1) The Corporation shall meet at such times and places as the Chairperson 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  meetings  (including  quorum
thereof)  as  may  be  laid  down  by  regulations  :

Provided  that,  at  least  one  meeting  shall  be  held  in  every  calendar  month  in  such
manner  so  as  to  ensure  that  not  more  than  thirty  days  intervene  between  the  two
meetings.

(2) The  Chairperson  or,  in  his  absence,  such  of  the  Vice-Chairpersons  appointed
under  clause  (b)  of  sub-section  (1) of  section  4,  if  both  are  the  members  of  the  State
Legislature  ;  as  may  be  predetermined  by  the  Chairperson  by  an  order,  shall  preside
over  the  meeting  of  the  Corporation  ;  and  in  the  absence  of  all  the  three,  the  Chief
Secretary to Government, being the ex-officio Vice-Chairperson shall preside over such
meeting  :

Provided that, if the Vice-Chairpersons appointed under clause (b) of sub-section (1)
of  section  4  are  persons  other  than  the  members  of  the  State  Legislature,  the  Chief
Secretary  as  the ex-officio Vice-Chairperson  shall,  in  the  absence  of  the  Chairperson,
preside over the meeting and in absence of the Chief Secretary, such of the other Vice-
Chairpersons,  as  may  be  predetermined  by  the  Chairperson  by  an  order,  shall  preside
over  such  meeting  :

Provided  further  that,  if  for  any  reason  the  Chairperson  and  the  Vice-Chairpersons

are  unable  to  attend  any  meeting,  the  meeting  shall  stand  adjourned.

(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,

1998 : Mah. XXIII]

Maharashtra  Godawari  Marathwada  Irrigation
Development  Corporation  Act,  1998

5

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.

8. The Corporation may, from time to time, constitute committee or committees out
of  its  members  consisting  of  such  number  of  them  as  it  may  think  proper  and  may
delegate  to  such  committee  or  committees  such  powers  of  the  Corporation  as  it  may
deem  fit  for  carrying  out  the  purposes  of  this  Act.

Constitu-
tion  of
committees.

9.

(1) The  Corporation  or  any  of  its  committees  may  invite  any  officer  of  the
Central  Government,  State  Government,  local  authority  or  any  organisation  or  any
person 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 or person so invited may take part
in  the  proceedings,  but  shall  have  no  right  to  vote.

Provision  for
inviting
officers  of
Government
and  local
authority.

(2) The  officer  or  person  so  invited  shall  be  entitled  to  drawn  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.

10. Any  vacancy  of  a  member  of  the  Corporation  shall  be  filled  as  early  as
practicable,  in  like  manner  as  if  the  appointment  were  being  made  for  the  first  time.

11. No  act  done  or  proceedings  taken  under  this  Act  by  the  Corporation  or  any
committee  appointed  by  the  Corporation  shall  be  invalidated  merely  on  the  grounds
of —

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

of  the  Corporation  or  a  committee  thereof;  or

(b) any defect or irregularity in the appointment of a person as a member of the

Corporation  or  of  a  committee  thereof;  or

(c) any  defect  or  irregularity  in  such  act  or  proceedings    not  affecting  the

substance.
12.

(1) The  State  Government  shall  appoint  Executive  Director  as  provided  in
sub-section (1) of section 4, Superintending Engineer and Chief Accounts and Finance
Officer  not  below  the  rank  of  Director  from  the  Maharashtra  Finance  and  Accounts
Service,  for  the  Corporation.

(2) The Corporation may, with the prior approval of  the State Government appoint
such other officers and servants subordinate to the officers mentioned in sub-section (1),
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  may  be

prescribed ;  and

(b) as  regards  the  officers  and  servants  mentioned  in  sub-section  (2),  be such  as

may  be  laid  down,  from  time  to  time,  by  regulations.

H  7-2

Filling  up
of  casual
vacancy  of
member.

Act  not  to
be  invali-
dated  by
vacancy,
informality,
etc.

Officers  and
servants  of
Corporation.

6

Maharashtra  Godawari  Marathwada  Irrigation
Development  Corporation  Act,  1998

[1998 : Mah. XXIII

(4) Subject  to  the  superintendance  of  the  Corporation,  and  the  overall  control  on
the activities 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.

Disqualifi-
cation  of  all
officers  and
staff.

13. No  person  who  has,  directly  of  indirectly,  by  himself  or  by  his  partner,  or
agent, any  share  or  interest  in  any  contract,  by  or  on  behalf  of  the  Corporation  or  in
any  employment  under,  by  or  on  behalf  of  the  Corporation  otherwise  than  as  an
officer or  staff  thereof,  shall  be  qualified  to  be  an  officer  or  staff  of  the  Corpoiation.

Authentica-
tion  for
orders,  etc.
o f
Corporation.

14. All  proceedings  of  the  Corporation  shall  be  authenticated  by  the  Chairperson
or  Vice-Chairperson  and  all  orders  and  instruments  of  the  Corporation  shall  be
authenticated by the Managing Director and the Executive Director or any other officer
of  the  Corporation  as  may  be  authorised  in  this  behalf  by  regulations.

Vesting  and
transfer  of
property  to
Corporation.

CHAPTER III

VESTING OF PROPERTY, ASSETS, 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’’),—

(a) the properties  and  assets  comprising  movables  and  immovables  including
Irrigation  Projects,  Hydro-Electric  Power  Projects,  works  under  construction  and
management  of  completed  schemes,  specified  in  that  behalf,  situated  in  the  area  of
operation  of  the  Corporation,  which  immediately  before  the  appointed  date  vested
in  the  State  Government  and  were  under  the  control  of  the  Irrigation  Department,
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, whether arising
out of any contract or otherwise pertaining to the said projects of the State Government
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  and  Hydro-Electric  Power  Projects  vested  in  the
Corporation, under sub-section (1), instituted against or defended by the State Government
before the appointed date may be continued, or defended by or against the Corporation.

Decision  of
State
Government
on  vesting
of  property
to  be  final.

16. Where  any  doubt  or  dispute  arises  as  to  whether  any  property  or  assets  have
vested  in  the  Corpoiation  under  section  15  or  any  rights,  liabilites  or  obligations  have
become  the    rights,    liabilites    or  obligations  of  the  Corporation  under  that  section,
such doubt  or  dispute  shall  be  referred  to  the  State  Government,  whose  decision  shall
be  final.

Power  of
State
Government
to  depute
certain
Government
employees  to
Corporation.

1998 : Mah. XXIII]

Maharashtra  Godawari  Marathwada  Irrigation
Development  Corporation  Act,  1998

7

17.

(1) Where on account of conferment of any powers, duties and funtions on the
Corporation by or under this Act, in the opinion of the State Government, any employees
in the field 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 Irrigation Department on the date
specified  by  the  State  Government  engaged  in  the  fields  of  planning,  investigation,
design,  construction,  management,  land  development  of  the  state  sector,  irrigation
projects, lift irrigation  scheme  and Hydro-Electric Power  Projects, 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  exercise  of  its  powers,  performance  of  its  duties  or
discharge  of  its  functions,  the  State  Government,  the  Head  of  the  Department  of  the
State Government or any officer authorised by the State Government in this behalf may,
from  time  to  time,  having  regard  to  the  necessity  therefore,  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.

(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  service  under  the  State  Government :

Provided  that,  during  the  period  of  such  deputation  all  matters  relating  to  the  pay,
leave,  allowances,  retirement,  pension,  provident  fund  and  other  conditions  of  service
of  the  employees  on  deputation  shall  be  regulated  by  the  Maharashtra  Civil  Services
Rules or such other rules as may, from time to time, be made by the State Government.
(3) All  the  regular,  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,  pensions  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.

(5) No employee on deputation to the Corporation shall be entitled to any deputation

allowance.

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

be  paid  from  the  Corporation’s  fund.

(7) Save as otherwise 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
disadvantages  except  with  the  previous  sanction  of  the  State  Government.

CHAPTER IV
FUNCTIONS AND POWERS OF CORPORATION

18. The  functions  of  the  Corporation  shall  be—
(a) to  promote  and  operate,—
(i) irrigation  projects  and  command  area  development  including  flood  control ;

Function  of
Corporation.

and

8

Maharashtra  Godawari  Marathwada  Irrigation
Development  Corporation  Act,  1998

[1998 : Mah. XXIII

(ii) schemes  for  the  generation  of  hydro-electrical  energy ;
(b) to  plan,  investigate,  design,  construct  and  manage  the  irrigation  projects  and
command area development 1[,and to help drip irrigation schemes through the Agriculture
Department  of  Government] ;

(c) to plan, investigate, design, construct and manage the schemes of the generation

of  hydro-electrical  energy ;

(d) to enter into contracts  in respect of the works and any other matters transferred

to  the  Corporation  alongwith  assets  and  liabilities  under  this  Act ;

(e) to invite tenders, bids, offers and enter into contracts for the purposes of all the

activities  of  the  Corporation ;

(f) to  promote  participation  of  any  person  or  body  or  association  of  individuals,
whether  incorporated  or  not,  in  planning,  investigation,  designing,  construction  and
management of irrigation projects, and command area development and Hydro-Electric
Power  Projects  including  flood  control ;

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

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

horticulture,  sericulture,  tissueculture,  etc.,

(i) to  promote  tourism  water  sports  and  other  related  activities  on  and  around  the

Irrigation  and  Hydro-Electric  Power  Projects ;

(j) to  develop  the  land  around  or  nearby  lake  and  in  other  suitable  locations  with
irrigation  facilities  and  other  infrastructure  facilities  and  lease  part  or  whole  of  such
developed  properties  to  the  interested  parties ;

(k) to  prepare  annual  plan  and  five  year  working  development  plan ;
(l) to  prepare  annual  budget ;
(m) to undertake any other activities entrusted by the State Government in furtherance

of  the  objectives  for  which  the  Corporation  is  established.

General
powers  of
the
Corporation.

19.

(1) The  Corporation  shall  have  the  powers  to  accord  technical  sanction  of
acceptance  of  all  tenders, sanctioning 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  provision,  such  powers

shall include  the  power,—

(a) to  acquire  and  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  hold  by  it
on  such  conditions  as  may  be  deemed  proper  by  the  Corporation ;

(b) to construct or cause to be constructed such dams, barrages, reservoirs, power
houses,  power  structures,  electrical  transmission  lines  and  sub-stations,  navigation
works,  irrigation,  flood  control  and  drainage  canals  and  such  other  works  and
structures  as  may  be  required ;

(c) to  take  measures  to  prevent  pollution  of  any  water  under  its  control  and  to
take  all  measures  deemed  necessary  to  prevent  discharges  into  such  water  of
effluents which  are  harmful  to  water-supply,  irrigation,  public  health  or  fish  life ;

1  These  word  were  added  by  Mah.  9  of  2000,  s.6.

Mah.
XXIV
o f
1961.

1998 : Mah. XXIII]

Maharashtra  Godawari  Marathwada  Irrigation
Development  Corporation  Act,  1998

9

(d) to  stock  its  reservoirs  or  water  courses  with  fish  and  to  sell  fish  or  fishing

rights  and  prohibit  taking  out  fish  from  the  water  under  its  control ;

(e) to  assist  in  the  establishment  of  water  users’  association  and  other  organisa-
tions formed under  the Maharashtra Co-operative Societies Act, I960,  for the better
use  of  facilities  made  available  by  the  Corporation ;

(f) to  lease rights for  water sports,  other recreational activities related  to  the use

of  reservoir  and  its  surroundings  and  reservoir  water ;

(g) to  establish,  maintain  and  operate  laboratories,  experimental  and  research

stations  and  farms  for  conducting  experiments  and  reasearch  for,—

(i) utilising  the  water,  electrical  energy  and  other  resources  in  the  most

economical  manner  for  the  development  of  the  Godawari  River  Valley ;

(ii) determining  the  effect  of  its  operations  on  the  flow  conditions  in  the

Godawari  River  and  its  tributaries ;

(iii) providing navigation condition in the Godawari River and its tributaries ;
(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  furtherance  of  the
objectives  for  which  the  Corporation  is  established.

20. The  Corporation  shall,  from  time  to  time,  determine  and  levy  water  charges
according to volume, for supply of water for irrigation, industrial and domestic purposes
to  the  State  Government,  local  authorites,  Government  agencies,  cultivators  and  water
users  associations :

Provided that, the levy of water charges shall be such that water charges so recovered
shall  be  sufficient  at  least  to  cover  the  interest  charges  of  the  loan  raised  by  the
Corporation  from  the  open  market.

21. The  Corporation  shall  pay  the  interest  on  the  borrowed  money  through  the

recovery  of  water  charges.

22. No person  shall  construct, operate  or  maintain  within  the area of  operation  of
the  Corporation  any  dam, bandhara or  weir  or  other  work  or  any  installation  for  the
extraction  of  surface  water  without  the  prior  approval  of  the  Corporation :

Provided that, the State Government or a local authority may, construct and operate
such dams, weirs, bandharas, etc. anywhere or across any river or basin within such area
of operation or  assign or hand over  such dam, bandhara, weir etc. to the Corporation.

23. The Corporation shall keep co-ordination with the State Government, Railway
Authorities,  local  authorities  and  statutory  bodies  with  a  view  to  minimising  the
inconvenience likely to be caused by the submergence of railway, lands and roads and
communications and shall bear the cost of any re-alignment thereof or re-settlement of
any  population  rendered  necessary  by  such  submergence.

Water
charges  for
supply  of
water  for
irrigation,
industrial
and  domestic
purposes.

Responsibility
o f
Corporation
for  payment
of  interest
on  borrowed
money.

Prohibition
o f
construction
of  dam,
bandhara,
weir,  etc.,
except  with
approval  of
Corporation.

Co-ordina-
tion  with
other
authorities  to
minimise
inconvenience
caused  by
submergence.

10

Maharashtra  Godawari  Marathwada  Irrigation
Development  Corporation  Act,  1998

[1998 : Mah. XXIII

Powers  to  be
exercised  by
Corporation
under
Maharashtra
Irrigation
Act,  1976.

24. Notwithstanding  anything  contained  in  the  Maharashtra  Irrigation  Act,  1976

and  the  Bombay  Canal  Rules,  1934,—

(a) the Corporation may  carry out all or any of the functions and exercise all or

any  of  the  powers  of  the  State  Government  or  the  appropriate  authority ;  and

(b) any  officer  of  the  Corporation  authorised  in  this  behalf  by  the  Corporation
may  carry  out  all  or  any  of  the  functions and  exercise  all  or  any  of  the  powers  of
the  Canal  Officer,

under  the  provisions  of  the  said  Act  and  the  rules, within  the  area  of  operation

Mah.
XXX
VIII
o f
1976.

of  the  Corporation.

Powers  to
State
Government
to  issue
directions.

25. The  State  Government  may  issue  to  the  “Corporation  such  general  or  special
directions  as  to  policy  or  exercise  of  the  powers  or  performance  of  the  functions  by
the  Corporation, excepting  in  respect  of  levying  and  recovery  of  water  charges  by
the Corporation,  as  it  may  think  necessary  or  expedient  for  carrying  out  of  the
purposes  of  this  Act  and  the  Corporation  shall  be  bound  to  follow  and  act  upon  such
directions.

CHAPTER V

ACQUISITION OF  LAND

Power  to
acquire  land
for  purposes
of  this  Act.

26. The  State  Government  may  for  carrying,  out  the  purposes  of  this  Act,
compulsorily  acquire  for  the  Corporation  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.  So  also  the  Corporation  shall make
available  to  the  Revenue  Department  of  the  Government  or  to  any  Officer authorised
in  this  behalf  by  Government  such  fund  as  is  required  for  the  acquisition  of  the  land.
The  Officer  shall  submit  the  account  of  such  fund  to  the  Corporation through  the
concerned  Revenue  Commissioner.

I  of
1894.

Transfer  of
Government
lands  to
Corporation.

27.

(1) For  the  furtherance  of  the  objects  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  lands  vested  in  the  State  Government :

Provided that, the State Government shall not place at the disposal of the Corporation

any  lands  which  are  notified  and  included  in  a  reserved  forest.

(2) After any such land has been so placed at the disposal of the Corporation, it shall
be  dealt  with  by  the  Corporation  in  accordance  with  the  provisions  of  this Act  or  the
rules  or  regulations  made  thereunder  and  the  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 restore
it to the State Government upon such terms and conditions as may be mutually agreed
upon.

Power  of
Corporation
to  dispose  of
land,  etc.

28. 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 other  property vested  in  it, in such  manner  as  it thinks fit  for carrying out
the  purposes  of  this  Act.

Replacement Series No. XCI-P. 1030
1998 : Mah. XXIII]

Maharashtra  Godawari  Marathwada  Irrigation
Development  Corporation  Act,  1998

11

CHAPTER VI

FINANCE,  ACCOUNTS AND AUDIT

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

applied  by  it,  for  the  purposes  of  this  Act.

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

30.
credited,—

Application of
Corporation’s
assets,  etc.

Fund  of
Corporation.

(a) all  moneys  received  by  the  Corporation  from  the  State  Government  by  way

of  grants,  subventions,  loans,  advances  and  the  loans  raised  under  this  Act ;

(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,  movable  and  immovable  and  other  transactions ;

(d) all  moneys  received  by  the  Corporation  by  way  of  water  charges,  rents  and

profits  or  from  any  other  source.

(2) The Managing Director of the Corporation with prior approval of the Corporation
may  keep  current  and  deposit  account  with  the  State  Bank  of  India,  or  any  other
Nationalised  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.

31.

(1) The  State  Government  shall,  by  appropriation  duly  made  in  this  behalf
from time to time, provide an aggregate sum of not less than rupees 1[1950 crores,] to
the  Corporation  Fund,  as  its  share  of  the  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 ten years from the date of
establishment  of  the  Corporation  :

Contribution
o f
Government
to
Corporation
Fund.

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

initially  contribute  and  pay  a  sum  of  rupees  185  crores  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  the
establishment  of  the  Corporation.

(2) The  capital  provided  by  the  State  Government  shall  not  carry  any  interest.

32. 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.

1  These  figures  and  word  was  substituted  for  the  figures  and  word  “ 1300  crores ”    by  Mah. 31

of  2000,  s.  5.

12

Maharashtra  Godawari  Marathwada  Irrigation
Development  Corporation  Act,  1998

[1998 : Mah. XXIII

Power  of
Corporation
to  borrow.

33.

(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
and  otherwise,  for  the  purpose  of  providing  itself  with  adequate  resources.

Acceptance
of  deposits
b y
Corporation.

Power  of
spend.

Expenditure
on  objects
other  than
Irrigation
and  Power
Projects.

Allocation  of
expenditure
chargeable
to  project  on
main
objects.

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

34. The  Corporation  may  accept  deposits  on  such  conditions  as  it  deems  fit  from
persons,  authorities  or  institutions,  to  whom  allotment,  or  sale  of  land or  buildings or
fishing rights is  made or is likely to be made in furtherance of the objects of this Act.

35. 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 30  or from the  reserve and other funds referred to  in section 38,
as  the  case  may  be.

36.

It  shall  be  competent  for  the  Corporation  to  spend  such  sums  as  it  thinks  fit
also  on  objects  authorised  under  this  Act  other  than  Irrigation  Projects  and  Hydro-
Electric Power Projects and such sums shall be treated as common expenditure payable
out  of  the  fund  of  the  Corporation  before  allocation  under  section  37  of  this  Act.

37. The total capital expenditure chargeable to a project shall be allocated between
the two main objects, Irrigation Projects and Hydro-Electric Power Projects, as follows,
namely  :—

(a) Expenditure  solely  attributable  to  any  one  of  the  said  two  objects,  including
a  proportionate  share  of  overhead  and  general  charges,  shall  be  charged  to  that
object ;  and

(b) Expenditure  common  to  both  the  said  objects,  including  a  proportionate  share
of  overhead  and  general  charges,  shall  be  allocated  to  the  said  objects  in  proportion
to  the  expenditure  which,  according  to  the  estimate  of  the  Corporation,  would  have
been  incurred  in  constructing  a  separate  structure  for  that  object  less  any  amount
determined  under  clause  (a)  in  respect  of  that  object.

Reserve  and
other  funds.

38.

(1) The Corporation shall make provisions for such reserve and other specially

denominated  funds  as  the  State  Government  may,  from  time  to  time,  direct.

Submission
of  budget  to
Corporation.

(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,  except  with  the  previous
approval of the State Government, be utilised for any of the purposes other than those
for  which  it  is  constituted.

39.

(1) The  Executive  Director  of  the  Corporation  with  prior  approval  of  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.

(2) Every such budget estimate 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 ;

1998 : Mah. XXIII]

Maharashtra  Godawari  Marathwada  Irrigation
Development  Corporation  Act,  1998

13

(ii) the  due  fulfilment  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.

40. The  Corporation  shall  consider  the  budget  estimates  submitted  to  it  under
section 39 and approve the same with or without modifications on or before such date
as  the  State  Government  may,  from  time  to  time,  determine.

41. The State Government may guarantee the repayment of any loans and payment

of  interest  on  all  or  any  of  the  loans  given  or  transferred  to  the  Corporation.

42.

(1)  Subject  to  the  provisions  of  sub-section  (2)  of  section  44  of  this  Act,  the
net profit, if any, attributable to each of the main objects, namely, irrigation and power
shall  be  fully  credited  to  the  Corporation.

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

the  State  Government.

43. 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.

44.

(1) The  Corporation  may  make  provision  for  depreciation  fund  at  such  rates
and on such terms as may be specified by the Comptroller and Auditor General of India,
and  in  consultation  with  the  State  Government.

(2) The  net  profit  for  the  purpose  of  section  42,  shall  be  determined  after  such

provision  has  been  made.

45.

In  the  event  of  any  betterment  levy  being  imposed  by  the  State  Government
the apportionment of proceeds thereof in so far as they are attributable to the operations
of  the  Corporation,  shall  be  credited  to  the  Corporation.

46.

(1) The  Corporation  shall,  by  such  date  in  each  financial  year  as  may  be
prescribed, prepare and submit to the State Government for approval, an annual financial
statement  and  the  programme  of  work  for  the  succeeding  financial  year  and  the  State
Government may, approve such financial statement and the programme of work of the
Corporation  as  submitted  by  the  Corporation  or  with  such  variations  as  the  State
Government  thinks  fit.

(2) The annual financial statement shall show the estimated receipts and expenditure
during  the  succeeding  financial  year  in  such  form  and  details  as  may  be  prescribed.

(3) The  Corporation  shall  be  competent  to  make  variations  in  the  approved
programme of work in the course of the financial year, provided that, all such variations
and reappropriations out of the sanctioned budget are brought to the notice of the State
Government  by  a  supplementary  financial  statement.

H  7-3

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
charge
levied  by
State
Government.

Financial
Statement
and
programme
of  work.

Accounts
and  Audit.

Concurrent
and  special
audit  of
accounts.

14

Maharashtra  Godawari  Marathwada  Irrigation
Development  Corporation  Act,  1998

[1998 : Mah. XXIII

(4) A  copy  of  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.
(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.

47.

(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
a copy of the accounts audited together with a 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.

48.

(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.

(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

Furnishing  of
annual
reports  and
accounts,
returns,  etc.

49.

(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—

(a) irrigation,  command  area  development  and  flood  control,
(b) water  supply,
(c) hydro-electrical  energy,
(d) recreation  facilities,
(e) use  of  lands,
(f) re-settlement  of  displaced  persons,  and
(g) other  activities  of  the  Corporation.

Rehabilitation
and  re-
settlement  of
the  project
affected
persons.

(2) The Corporation shall also furnish to the State Government such returns, statistics,
reports, accounts and other information with respect to its conduct of affairs, properties
or activities or in regard to any proposed work or scheme as the State Government may,
from  time  to  time,  require.

50. The rehabilitation and resettlement of the persons affected due to the Irrigation
and the Hydro-Electric Power Projects shall be carried out by the State Government in
accordance  with  the  provisions  of  the  *Maharashtra  Project  Affected  Persons
Rehabilitation  Act,  1986 :

Provided  that,  all  the  expenditure  required  to  be  incurred  by  the  State  Government
for  the  rehabilitation  and  the  resettlement  of  persons  affected  by  the  Irrigation  and
Hydro-Electric  Power  Project  shall  be  borne  by  the  Corporation.

* Now  see Maharashtra  Project Affected  Persons  Rehabilitation Act,  1999  ( XI  of  2001 ).

Mah.
XXXII
o f
1989.

1998 : Mah. XXIII]

Maharashtra  Godawari  Marathwada  Irrigation
Development  Corporation  Act,  1998

15

51. 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.

Execution  of
contracts  etc.

52. Whoever contravenes the provisions of this Act or any rules or regulations 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.

53. Any  officer or servant  of  the Corporation generally  or  specially 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.
54. 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
arrears of  land revenue.

General
penalty.

Power  of
entry.

Dues  to  be
recovered  as
arrears  of
land
revenue.

55.

(1) All  notices,  orders  and  other  documents  required  by  this  Act  or  any  rules
or  regulations  made  thereunder  to  be  served  upon  any  person  shall,  save  as  otherwise
provided  in  this  Act  or  such  rules  or  regulations,  be  deemed  to  be  duly  served,—

Service  of
notice,  etc.

I  of
1956.

(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  ;

(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  ;

(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

Public  notice
how  to  be
made  known.

Notice  period
for  perfor-
mance.

Default  in
performance
of  duty.

Offences  by
companies.

16

Maharashtra  Godawari  Marathwada  Irrigation
Development  Corporation  Act,  1998

[1998 : Mah. XXIII

(b) if  the  document  so  addressed  or  a  copy  thereof  so  addressed  is  given  or
tendered to some parson on the land or bulding or, where there is no person on the
land  or  building  to  whom  it  can  be  delivered,  is  affixed  to  some  conspicuous  part
of  the  land  or  building.
(3) Where  a  document  is  served  on  the  firm  in  accordance  with  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.

56. Every  public  notice  given  under  this  Act  or  any  rules  or  regulations  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 firms  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.

57. Where  any  notice,  order  or  other  document  issued  or  made  under  this  Act  or
any  rules  or regulations  made  thereunder  requites  anything  to  be  done  for  the  doing
of  which  no  time  is  fixed  in  this  Act  or  the  rules  or  regulations,  the  notice,  order  or
other  documents  shall  specify  a  reasonable  period  of  time  for  doing  the  same  or
complying  therewith.

58.

(1) If  the  State  Government  is  of  the  opinion  that  the  Corporation  has  made
a default in the performance of any duty or obligation imposed or cast on it by or under
this  Act,  the  State  Government  may  fix  a  period  for  the  performance  of  that  duty  or
obligation  and  give  notice  to  the  Corporation  accordingly.

(2) If,  the  Corporation  fails  or  neglects  to  perform  such  duty  or  obligation  within
the  period  so  fixed for its  performance, it  shall be lawful for  the  State Government  to
supersede  and  reconstitute  the  Corporation  as  it  deems  fit.

(3) After  the  supersession  of  the  Corporation  and  until  it  is  reconstituted,  in  the
manner  laid  down  in  Chapter  II,  the  powers,  duties,  and  functions  of  the  Corporation
under this Act shall be carried on by the State Government or by such 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  such  super-

session,  vest  in  the  State  Government.

59.

(1) Where an offence under this Act has been committed by a company, every
person who, at the time the offence was commited, 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  to  be  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 director,
manager, secretary or other officer shall also be deemed to be guilty of that offence and
shall  be  liable  to  be  proceeded  against  and  punished  accordingly.

1998 : Mah. XXIII]

Maharashtra  Godawari  Marathwada  Irrigation
Development  Corporation  Act,  1998

17

Explanation.—For  the  purposes  of  this  section,—

(a) “ company ”  means  a  body  corporate  and  includes  a  firm,  association  or

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.

60. 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 authorised by the Corporation by general
or  special  order  in  this  behalf.

Authority
for
prosecution.

61.

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

Compounding
of  offences
b y
Corporation.

(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.

62. Any  person  who  obstructs  the  entry  of  a  person  authorised  under  section  53
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.

63. 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  Goverament or to
any  of  its  officers  and  may  permit  them  to  re-delegate  specific  powers  to  their
subordinates,  by  general  or  special  order  made  in  this  behalf.

64. 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.

65. The Chairperson, Vice-Chairperson, Members, Executive 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  regulations
made  thereunder,  be  deemed  to  be  public  servants  within  the  meaning  of  section  21
of  the  Indian  Penal  Code.

XLV
o f
1860.

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

inconsistent  therewith  contained  in  any  other  law.

67.

(1) The  State  Gbvernment  may,  by  notification  in  the Official  Gazette, make

rules  to  carry  out  the  purposes  of  this  Act.

Delegation
of  powers  of
Corporation.

Protection  of
action  taken
in  good
faith.

Chairperson,
Vice-
Chairperson,
Executive
Director,
Members
and  Officers,
etc.  to  be
public
servants.

Effect  of
provisions
inconsistent
with  other
laws.

Power  to
make  rules.

18

Maharashtra  Godawari  Marathwada  Irrigation
Development  Corporation  Act,  1998

[1998 : Mah. XXIII

(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  ommitted  to  be  done  under
that  rule.

Power  to
make
regulations.

68.

(1) 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.

(2) Pending  making  of  the  regulations  by  the  Corporation  with  the  approval of  the
State Government, the rules and precedents followed by the Irrigation Department shall,
mutatis  mutandis, be  followed  by  the  Corporation  for  carrying  out  its  functions.

Power  to
remove
doubts  and
difficulties.

69.

If  any  doubt  or  difficulty  arises  in  giving  effect  to  the  provisions  of  this  Act,
the  State  Government  may,  by  order,  give  such  directions  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.

70.

(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  Chairperson  and  the  Vice-
Chairpersons,  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

against  the  State  Government.

1998 : Mah. XXIII]

Maharashtra  Godawari  Marathwada  Irrigation
Development  Corporation  Act,  1998

19

SCHEDULE

[ See section  1(2) ]

Area  to  which  the  Maharashtra  Godawari-Marathwada  Irrigation  Development
Corporation  Act,  1998,  extends.

Serial
No.
(1)

Districts  covered

(2)

Jalna
Parbhani

1 Aurangabad
2
3
4 Beed
5 Usmanabad
6
Latur
7 Nanded
8 Ahmednagar
9 Nashik

..
..
..
..
..
..
..
..
..

..
..
..
..
..
..
..
..
..

Projects

(3)

All  completed,  on-going  and  future  Major,
Medium  and  Minor  Irrigation  Projects
within    the    area    of    operation    of    the
Corporation [excluding   Bhandardara
Hydro-Electric Power Project ( Phases I
and II) and Ghatgar Hydro-Electric Power
Project].

H  7-3,282 Bks.-12.2013

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