GOVERNMENT  OF  MAHARASHTRA
LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA ACT No. IV OF 1998.

THE  MAHARASHTRA  TAPI  IRRIGATION
DEVELOPMENT  CORPORATION  ACT, 1997.

(  As  modified  upto  the  1st  January,  2014  )

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

2014

[ Price : Rs. 11.00 ]

1998 : Mah. IV ]

(i)

THE MAHARASHTRA TAPI IRRIGATION DEVELOPMENT
CORPORATION ACT,  1997.
-------------

PREAMBLE.
SECTIONS.

CONTENTS

CHAPTER  I

PRELIMINARY

Short  title,  extent  and  commencement.

1.
2. Definitions.

CHAPTER  II

ESTABLISHMENT,  CONDUCT OF  BUSSINESS AND  EMPLOYEES OF THE
CORPORATION

3. Establishment  of  Tapi  Irrigation  Development  Corporation.
4. Constitution  of  Corporation.
5. Executive  Committee.
6. Disqualification  for  membership  and  removal  of  members.
7. Meetings  of  the  Corporation.
8. Constitution  of  Committees.
9.
10.
11. Act  not  to  be  invalidated  by  vacancy,  informality,  etc.
12. Officers  and  servants  of  Corporation.
13. Disqualification  of  all  officers  and  staff.
14. Authentication  of  orders,  etc.,  of  the  Corporation.

Provision  for  inviting  officers  of  Government  and  local  authority.
Filling  up  of  casual  vacancy  of  member.

CHAPTER  III

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

15. Vesting  and  transfer  of  property  to  Corporation.
16. Decision  of  the  State  Government  on  the  vesting  of  property  to  be  final.
Power  of  State  Government  to  depute  certain  Government  employees  to
17.

Corporation.

CHAPTER    IV

FUNCTIONS AND  POWERS OF  CORPORATION

Functions  of  Corporation.

18.
19. General  powers  of  the  Corporation.
20. Water  charges  for  supply  of  water  for  irrigation,  industria1  and  domestic

purposes.

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Maharashtra Tapi Irrigation Development Corporation
Act,  1997

[1998 : Mah. IV

21. Responsibility of Corporation for payment of interest on borrowed money.
Prohibition of construction of dam, bandhara, weir, etc., except with approval
22.

of  Corporation.

23. Co-ordination  with  other  authorities  to  minimise  inconvenience  caused  by

submergence.

24.

Powers to be exercised by the Corporation under the Maharashtra Irrigation

Act,  1976.

25.

Power  of  State  Government  to  issue  directions.

CHAPTER  V

ACQUISITION OF    LAND

26.
Power to acquire land for purposes of this Act.
27. Transfer of Government lands to Corporation.
Power of Corporation to dispose of land, etc.
28.

 CHAPTER VI

FINANCE,    ACCOUNTS AND    AUDIT

Power to  spend.

Fund of Corporation.

29. Application of Corporation’s assets, etc.
30.
31. Contribution of Government to Corporation Fund.
32. Grants, subventions, loans and advances to Corporation.
Power of Corporation to borrow.
33.
34. Acceptance of deposits by Corporation.
35.
36. Expenditure on objects other than Irrigation and Power Projects.
37. Allocation of expenditure chargeable to project on main objects.
38. Reserve and other funds.
39.
40.
41. Government as Guarantor.
42. Disposal of profits and deficits.
43.

Submission of budget to Corporation.
Sanction of budget estimates.

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

44. Depreciation Fund.
45. Apportionment of betterment charges levied by State Government.
46.
47. Accounts and Audit.
48. Concurrent and special audit of accounts.

Financial Statement and programme of work.

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Maharashtra Tapi Irrigation Development Corporation

(iii)

Act,  1997

CHAPTER  VII

MISCELLANEOUS AND  SUPPLEMENTARY  PROVISIONS

Furnishing  of  annual  reports  and  returns,  etc.

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

49.
50. Rehabilitation  and  resettlement  of  the  project  affected  persons.
51. Execution  of  contracts,  etc.
52. General  penalty.
53.
Power  of  entry.
54. Dues  to  be  recovered  as  arrears  of  land  revenue.
55.
56.
57. Notice  period  for  performance.
58. Default  in  performance  of  duty.
59. Offence  by  companies.
60. Authority  for  prosecution.
61. Compounding  of  offences  by  Corporation.
62.
63. Delegation  of  powers  of  Corporation.
64.
65. Chairman,  the  three Vice-Chairmen,  Executive  Director,  Members  and

Protection  of  action  taken  in  good  faith.

Penalty  for  obstruction.

Officers,  etc.,  to  be  public  servants.

Power  to  make  rules.
Power  to  make  regulations.
Power  to  remove  doubts  and  difficulties.

66. Effect  of  provisions  of  the  Act  inconsistent  with  other  laws.
67.
68.
69.
70. Dissolution  of  Corporation.
71. Repeal  of  Mah.  Ord.  XVIII  of  1997  and  saving.

SCHEDULE.

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Maharashtra Tapi Irrigation Development Corporation

1

Act,  1997

MAHARASHTRA ACT No. IV OF 19981
[THE MAHARASHTRA TAPI IRRIGATION DEVELOPMENT CORPORATION ACT, 1997.]

[This  Act  received  the  assent  of  the  Governor  on  the  2nd  January  1998;  assent  was
first published in  the Maharashtra  Government Gazette, Part IV,  Extraordinary, on  the
6th  January  1998.]

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

”
”

”
”

”
”

31  of  2000(4-5-2000)†
18  of  2001(24-10-2000)†@@

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

WHEREAS, it was 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 Tapi River pertaining to the State of Maharashtra
and  other  allied  and  incidental  activities  including  flood  control  in  the  Tapi  River
Valley  by  establishing  the  Tapi  Irrigation  Development  Corporation;

AND  WHEREAS,  it  was  considered  necessary  to  immediately  make  a  law  for  the

same;

AND  WHEREAS,  both  Houses  of  the  State  Legislature  were  not  in  session;
AND  WHEREAS,  the  Governor  of  Maharashtra  was  satisfied  that  circumstances
existed which rendered it necessary for him to take immediate action to make a law, for
the  purposes  hereinafter  appearing;  and,  therefore,  promulgated  the  Maharashtra  Tapi
Irrigation  Development  Corporation  Ordinance,  1997,  on  the  4th  December  1997;

AND WHEREAS, it is expedient to replace the said Ordinance by an Act of the State
Legislature;  It  is  hereby  enacted  in  the  Forty-eighth  Year  of  the  Republic  of  India  as
follows  :  —

CHAPTER I
PRELIMINARY

1.

(1) This  Act  may  be  called  the  Maharashtra  Tapi  Irrigation  Development

Corporation  Act,  1997.

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

(3)  It  shall  be  deemed  to  have  come  into  force  on  the  4th  December  1997.

1 For  Statement  of  Object  and  Reasons, see Maharashtra  Government  Gazette, 1997,  Extraordinary,

Short  title,
extent  and
commence-
ment.

Part  V-A,  Page  556.

†    This  indicates  the  date  of  commencement  of  the  Act.
@    Mah.  Ord.  31  of  1999  was  repealed  by  Mah.  9  of  2000,  s.  7.
@@  Mah.Ord.  2  of  2001  was  repealed  by  Mah.  18  of  2001,  s.  ll.

Mah.
Ord.
XVIII
o f
1997.

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Maharashtra Tapi Irrigation Development Corporation
Act,  1997

[1998 : Mah. IV

Definitions.

2.     In  this  Act,  unless  the  context  otherwise  requires,—
(a) “  area  of  operation  of  the  Corporation ” means  the  area  of  the  mainstream  of
Tapi 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 Tapi 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,  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—

(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) “ Mainstream of Tapi River ” means the geographical area of Tapi River and all

its  tributaries  within  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  Maharasntra.

CHAPTER II

ESTABLISHMENT, CONDUCT OF BUSINESS AND EMPLOYEES OF THE CORPORATION

Establish-
ment  of  Tapi
Irrigation
Development
Corporation.

    3.

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

(3) The  head  office  of  the  Corporation  shall  be  at  Jalgaon.

*  See  Maharashtra  Government  Gazette, Part  IV-B,  Page  1571,  dated  llth  December  1997
(vide  G. N.,  I.  D.,  No.  TPK  1047/165/97,  WRI,  dated  llth  December  1997  whereunder  the  Corporation
has  been  established).

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Maharashtra Tapi Irrigation Development Corporation

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Act,  1997

4.

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

(a)   the Minister for Irrigation

. .

. .

ex-officio Chairman.

Constitution
o f
Corporation.

1[(b)

. .
two non-official members from the Khandesh
region to be nominated by the State Government.

Vice-Chairman.]

(c)

the Chief Secretary to Government

(d) Secretary to Government, Irrigation

Department.

(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)

(i) Secretary to Government, Revenue and Forests
Department (Relief and Rehabilitation).

(j) Secretary to Government, Agriculture

. .

. .

. .

. .

. .

. .

. .

. .

. .

Department.

ex-officio Vice-Chairman.

ex-officio Managing
Director.

ex-officio Member.

ex-officio Member.

ex-officio Member.

ex-officio Member.

ex-officio Member.

ex-officio Member.

(k) Two  members  to  be  nominated  by  the  State  Government  from  amongst  the
members  of  the  Maharashtra  State  Legislative  Assembly  elected  from  the  Assembly
Constituencies  in  Dhule,  Nashik  and  Jalgaon  District.

(l) One member to be nominated by the State Government from amongst the members
of  the  Maharashtra  State  Legislative  Council  from  Dhule,  Nashik  and  Jalgaon  District.

(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
member  of  the  Corporation  if  they  cease  to  be  members  of  the  Maharashtra  State
Legislature.

(3) The non-official 2[members] of the Corporation nominated under clause (b) of sub-
section (1) shall  receive  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  Corporations,  as  may  be  laid  down  by  regulations.

1    Clause (b) was  substituted  by  Mah.  18  of  2001,  s.  8(a).
2    This  word  was  substituted  for  the  word  “member”, ibid., s.  8(6).

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Maharashtra Tapi Irrigation Development Corporation
Act,  1997

[1998 : Mah. IV

5.

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

namely  :  —

Executive
Committee.

Disqualifica-
tion  for
member-
ship  and
removal  of
members.

(a)  Managing  Director  of  the  Corporation

(b)  Executive  Director  of  the  Corporation

(c)  Chief  Engineer,  Irrigation  Department,
North  Maharashtra  Region,  Nashik

(d) Chief  Engineer  of  the  Corporation

(e) Chief  Accounts  and  Finance  Officer  of  the

Corporation

(f)  Executive  Engineer  of  the  Corporation

..

..

..

..

..

..

Chairman.

Member.

Member.

Member.

Member.

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 officer of any company, which has any
share  or  interest  in  any  contract  or  employment  with,  by  or, on  behalf  of  the  Corpo-
ration  :

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  Cor-

poration  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.

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Maharashtra Tapi Irrigation Development Corporation

5

Act,  1997

(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   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    meetings  (including  the
quorum  thereof)  as  may  be  laid  down  by  regulations :

Meetings

of the

Corporation.

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.

1[(2)  The  Chairman  or,  in  his  absence,  such  of  the  Vice-Chairman  appointed
under  clause (b) of sub-section (1) of  section  4,  if  both  are  the  Members  of  the
Maharashtra State Legislature, as may be predetermined by the Chairman 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 other Vice-Chairman shall preside over
the  meeting  :

Provided  that,  if  the  Vice-Chairman  appointed  under  clause (b) are  persons  other
than the Members of the Legislature, the  Chief Secretary as the Vice-Chairman shall,
in  the  absence  of  the  Chairman,  preside  over  the  meeting  and  in  the  absence  of  the
Chief  Secretary, the  other Vice-Chairman,  as may be predetermined by the  Chairman
by  an  order,  shall  preside  over  such  meeting.

(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  :

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.

1      Sub-section  (2)  was  substituted  by  Mah.  18  of  2001,  s.  9.

H  8-2

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Maharashtra Tapi Irrigation Development Corporation
Act,  1997

[1998 : Mah. IV

Provision
for  inviting
officers of
Government
and  local
authority.

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.

Filling  up
of casual
vacancy  of
member.

Act  not to be
invalidated
by vacancy,
informality,
etc.

(2)  The  officer  or  person  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.

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.

Officers  and
servants  of
Corporation.

12.

(1)  The  State  Government  shall  appoint  Executive  Director  as  provided  in
sub-section (1) of section  4,  Chief  Engineer,  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.

(4) Subject to the superintendance of the Corporation, the Executive Director shall
supervise  and  control  all  its  officers  and  employees  including  any  officers  of
Government  appointed  on  deputation  to  the  Corporation.

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Maharashtra Tapi Irrigation Development Corporation

7

Act,  1997

13. No person who has, directly or 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  Corporation.

Disqualifica-
tion  of  all
officers  and
staff.

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

Authentica-
tion  of
orders,  etc.
of  Corpora-
tion.

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 Govern-

ment  (hereinafter  in  this  section  referred  to  as  “the  appointed  date”),—

(a) the  properties  and  assets  comprising  movables  and  immovables  including Irri-
gation Projects, Hydro-Electric Power Projects, works under construction and manage-
ment  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, assests, 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,  against  or  defended  by
the  Corporation.

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

17. (1) Where on account of conferment of any powers, duties and functions on the
Corporation by or under this Act, in the opinion of the State Government, any 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

Vesting  and
transfer  of
property  to
Corpora-
tion.

Decision  of
the  State
Govern-
ment
the  vesting
of  property
to  be  final.

on

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

8

Maharashtra Tapi Irrigation Development Corporation
Act,  1997

[1998 : Mah. IV

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  therefor,  by  order,  depute  such  officers  or
employees  to  the  Corporation,  and  the  Corporation  shall  take  them  over  and  employ
them  on  deputation,  subject  to  the  provisions  of  this  section.

(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  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
disadvantage  except  with  the  previous  sanction  of  the  State  Government.

CHAPTER IV
FUNCTIONS AND POWERS OF CORPORATION

18.    The  functions  of  the  Corporation  shall  be—
(a)  to  promote  and  operate,—
(i) irrigation  projects  and  command  area  development  including  flood  control;  and
(ii) schemes  for  the  generation  of  hydro-electrical  energy  ;
(b) to  plan,  investigate,  design,  construct  and  manage  the  irrigation  projects,  and
command  area  development;  upto  a  water  use  of  326.26  TMC  at  75%  dependability
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  along  with  assets  and  liabilities  under  this  Act;

1    These  words  were  inserted  by  Mah.  9  of  2000,  s.  5.

Functions  of
Corporation.

1998 : Mah. IV]

Maharashtra Tapi Irrigation Development Corporation

9

Act,  1997

(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  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  ;
(1) to  prepare  annual  budget;
(m) to take in possession on the terms and conditions laid down by the Corporation,
the existing co-operative Lift Irrigation Schemes, enumerated in the Schedule appended
to  this  Act,  each  having  ICA  greater  than  250  ha.  in  Jalgaon  (21  Nos.)  and  Dhule  (35
Nos.) districts, for operation and maintenance with their assests and liabilities, and hand
over  back  to  the  co-operative  Lift  Irrigation  Societies  on  a  receipt  of  the  full  payment
of  expenditure  incurred  by  the  Corporation  ;

(n) to undertake any other activities entrusted by the State Government in furtherance

of  the  objectives  for  which  the  Corporation  is  established.

19.

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

(2) Without prejudice to the generality of the foregoing provisions, such power 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 held 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  ;

(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;

Mah.
XXIV
o f
1961.

(e) to  assist  in  the  establishment  of  water  users  association  and  other  organisations
formed  under  the  Maharashtra  Co-operative  Societies  Act,  1960,  for  the  better  use  of
facilities  made  available  by  the  Corporation;

General
powers  of
the
Corporation.

10

Maharashtra Tapi Irrigation Development Corporation
Act,  1997

[1998 : Mah. IV

(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  research  for,—

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

manner  for  the  development  of  the  Tapi  River  Valley;

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

and  its  tributaries;

(iii)  providing  navigation  condition  in  the  Tapi  River  and  its  tributaries;

(h) to enagag 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  authorities,  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  accross  any  river  or  basin  within  such
area of operation or assign or handover 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 incon-
venience  likely  to  be  caused  by  the  submergence  of  railway,  lands  and roads  and
communications and shall bear the cost of any re-allignment thereof or re-settlement of
any  population  rendered  necessary  by  such  submergence.

Water
Charges  for
supply  of
water  for
irrigation,
industrial
and
domestic
purpose.

Responsi-
bility  of
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
inconve-
nience caused
by  sub-
mergence.

1998 : Mah. IV]

Maharashtra Tapi Irrigation Development Corporation

11

Act,  1997

Mah.
XXX
VIII
o f
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 of the

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

Corporation.

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 the purposes of this
Act  and  the  Corporation  shall  be  bound  to  follow  and  act  upon  such  direction.

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.

1  of
1894.

26.      The  State  Government  may,  for  carrying  out  the  purposes  of  this  Act,
compulsorily  acquire  land under  the  Land  Acquisition  Act,  1894,  and  the  acquisition
of any land for any of the said purposes shall be deemed to be a public purpose within
the  meaning  of  that  Act.

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  Corpo-

ration  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.

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 at it thinks fit for carrying out
the  purposes  of  this  Act.

Power  of
Corporation
to  dispose
of  land,  etc.

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 pruposes  of  this  Act.

Application
o f
Corporation’s
assets,  etc.

12

Maharashtra Tapi Irrigation Development Corporation
Act,  1997

[1998 : Mah. IV

Fund  of
Corporation.

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

30.
credited—

(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,  moveable  and  immoveable  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  Corporation  may  keep  current  and  deposit  account  with  the  State  Bank  of

India  or  any  other  Bank  approved  by  the  State  Government  in  this  behalf.

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

authorised  by  it  in  this  behalf.

(4) Notwithstanding  anything  contained  in  sub-sections (2) and  (3),  the  Corporation
may  keep  on  hand  such  sum  as  it  thinks  fit  for  its  day  to  day  transactions,  subject  to
such  limits  and  conditions  as  may  be  prescribed.

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[2337  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  :

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

initially  contribute  and  pay  a  sum  of  rupees  100  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.

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, Cash
certificates, fixed deposits receipts and otherwise, for the purpose of providing itself with
adequate  resources.

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

Contribution
o f
Government
to
Corporation
Fund.

Grants,
subventions,
loans  and
advances  to
Corporation.

Power  of
Corporation
to  borrow.

Acceptance
of  deposits
b y
Corporation.

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.

1  These  figures  and  word  were  substituted  for  the  figures  and  word  “1400  crores”  by  Mah.  31  of

2000,  s.  4.

1998 : Mah. IV]

Maharashtra Tapi Irrigation Development Corporation

13

Act,  1997

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.

Power  to
spend.

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 :—

(1)  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

(2)  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  in-
curred  in  constructing  a  separate  structure  for  that  object  less  any  amount  determined
under  clause  (1)  in  respect  of  that  object.

Expenditure
on  objects
other  than
Irrigation
and  Power
Projects.
Allocation  of
expenditure
chargeable
to  project  on
main
objects.

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.

Reserve  and
other  funds.

(2)  The  management  of  the  funds  referred  to  in  sub-section (1), the  sums  to  be
transferred, from time to time, to the credit thereof and the application of money comprised
therein,  shall,  subject  to  the  directions,  if  any,  issued  by  the  State  Government  in  this
behalf,  be  determined  by  the  Corporation.

(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 purposes other than that for which
it  is  constituted.

39.

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

Submission
of  budget  to
Corporation.

(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  ;

(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 perH 8-3formance 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.

Sanction  of
budget
estimates.

H  8-3

14

Maharashtra Tapi Irrigation Development Corporation
Act,  1997

[1998 : Mah. IV

Government
as Guarantor.

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.

Disposal  of
profits  and
deficits.

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.

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

Deprecia-
tion  fund.

Apportion-
ment  of
betterment
charges
levied  by
State
Government.

Financial
Statement
and
programme
of  work.

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 Autditor 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  opera-
tions  of  the  Corporation,  shall  be  credited  to  the  Corporation.

46.

(I) 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  suceeding  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  piovided  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.

(4) A  copy  each  of  the  annual  financial  statement  and  the  programme  of  work  and
the supplementary financial statement, if any, shall be placed before each House of the
State  Legislature  as  soon  as  may  be  after  their  receipt  by  the  State  Government.

Accounts
and  Audit.

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

1998 : Mah. IV]

Maharashtra Tapi Irrigation Development Corporation

15

Act,  1997

(2) The  accounts  of  the  Corporation  shall  be  autdited  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 think  fit of the accounts of the Corporation
relating  to  any  partciular  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

Concurrent
and special
audit  of
accounts.

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—

Furnishing
of  annual
reports  and
returns,  etc.

(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.

(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.

Mah.
XXX-
II  of
1989.

Rehabilita-
tion  and
resettlement
of  the
project
affected
persons.

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

H  8-4

Execution
of  contracts,
etc.

General
penalty.

Power  of
entry.

Dues  to  be
recovered  as
arrears  of
land
revenue.

Service  of
notice,  etc.

16

Maharashtra Tapi Irrigation Development Corporation
Act,  1997

[1998 : Mah. IV

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.

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 generaly 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  of  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.

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,  —

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

with  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

* Now  see  the  Companies  Act,  2013  (I  of  2013)

I  of
1956.

1998 : Mah. IV]

Maharashtra Tapi Irrigation Development Corporation

17

Act,  1997

(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.

(3)  Where  a  document  is  served  on  the  firm  in  accordane  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  farms  or  estates  to  be  affected  thereby
by  affixing  copies  thereof  in  conspicuous  public  place,  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 requires 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
document  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 committed, was in charge of, and was responsible
to, the company for the conduct of the  business of the company, as well as the company,
shall  be deemed  to  be  guilty of  the  offence  and shall  be  liable  to be  proceeded  against
and  punished  accordingly  :

Provided  that,  nothing  contained  in  this  sub-section  shall  render  any  such  person
liable  to  any  punishment  if  he  proves  that  the  offence  was  committed  without  his
knowledge or that he had exercised all due diligence to prevent the commission of such
offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under
this Act has been committed by a company, and it is proved that the offence has been
is  attributable  to  any  neglect.
committed with the consent or  connivance  of,  or

Public
notice  how
to  be  made
known.

Notice
period  for
performance.

Default  in
performance
of  duty.

Offence  by
companies.

18

Maharashtra Tapi Irrigation Development Corporation
Act,  1997

[1998 : Mah. IV

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.

Explanation.— For  the  purposes  of  this  section,—
(a) “ company ” means a body corporate and includes a firm, association of persons

or  body  of  individuals  whether  incorporated  or  not,  and

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

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.

Compounding
of  offences
b y
Corporation.

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 proceedings,
compound  any  offence  made  punishable  by  or  under  this  Act.

Penalty  for
obstruction.

(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 models  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.

Delegation of
powers of
Corporation.

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  Government  or  to
any officers and may  permit them to  redelegate specific powers to their subordinates,
by  general  or  special  order  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 Chairman, l[the three Vice-Chairmen], Member, 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  rules  or
regulations  made  thereunder,  be  deemed  to  be  public  servant  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.

Protection  of
action  taken
in  good
faith.
Chairman,
1[the  three
Vice-
Chairmen],
Executive
Director,
Members,
and
Officers,
etc.,  to  be
public
servants.

Effect  of
provisions
of  the  Act
inconsistent
with  other
laws.

1    These  words  were  substituted  for  the  words  “Vice-Chairman”  by  Mah.  18  of  2001,  s.  10.

1998 : Mah. IV]

Maharashtra Tapi Irrigation Development Corporation

19

Act,  1997

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

to  carry  out  the  purposes  of  this  Act.

Power  to
make  rules.

(2)  All  rules  made  under  this  Act  shall  be  subject  to  the  condition  of  previous

publication.

(3) Every rule made under this Act shall be laid, as soon as may be, after it is made,
before  each  House  of  the  State  Legislature,  while  it  is  in  session  for  a  total  period  of
thirty  days,  which  may  be  comprised  in one  session  or  in  two  successive  sessions,  and
if, before expiry of the session in which it is so laid or the session immediately following,
both the Houses agree in making any modification in the rule or both the Houses agree
that  the  rule  should  not  be  made,  and notify  their  decision  to  that  effect  in  the Official
Gazette, the  rule  shall,  from  the  date  of  publication  of  such  decision  in  the Official
Gazette, have effect only in such modified form or be of no effect, as the case may be,
so, however that, any such modification or  annulment shall be without prejudice to the
validity  of  anything  previously  done  or  omitted  to  be  done  under  that  rule.

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 procedures followed by the Irrigation Department shall,
mutatis  mutandis, be  followed  by  the  Corporation  for  carrying  out  its  functions.

Power  to
make
regulations.

69. If any doubt or difficulty arises in giving effect to the provisions of this Act, the
State Government may, by order, make provisons or give such direction, not inconsistent
with the provisions of this Act, as may appear to it to be necessary or expedient for the
removal  of  the  doubt  or  difficulty  :

Power  to
remove
doubts  and
difficulties.

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.

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  Govern-
ment unnesessary, 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

against  the  State  Government.

71. (1) The  Maharashtra  Tapi  Irrigation  Development  Corporation  Ordinance,  1997

is  hereby  repealed.

(2)  Notwithstanding  such  repeal  anything  done  or  any  action  taken  (including any
notification issued or nomination, appointment or rules made) under the said Ordinance
shall  be  deemed  to  have  been  done,  taken,  issued  or  made,  as  the  case  may  be,  under
the  corresponding  provisions  of  this  Act.

Mah.
Ord.
XVIII
o f
1997.

Dissolution
o f
Corporation.

Repeal  of
Mah.Ord.
XVIII  of
1997  and
saving.

20

Maharashtra Tapi Irrigation Development Corporation
Act,  1997

[1998 : Mah. IV

SCHEDULE
[See section 18 (m)]

Name of Lift Irrigation Schemes

(2)

Taluka

(3)

Irrigable
Area
(in Ha.)
(4)

PART  I
List of Co-operative Lift Irrigation Schemes in
Jalgaon  District.

Serial
No.

(1)

1

Durga Co-operative Irrigation Scheme, Savada,
Raver.
Amoda Co-operative Irrigation Scheme, Yawal

2
3 Mahaiswadi Co-operative Irrigation Scheme,

Mahaiswadi.
Dadasaheb Jivram Mahajan Lift Bhalod, Taluka
Yawal.
Nhavi  Co-operative Irrigation Scheme, Nhavi,
Taluka Yawal.
Dadasaheb J. T. Mahajan Co-operative Irrigation
Scheme, Kingaon No. 1, Taluka Yawal.
Dadasaheb J. T. Mahajan Co-operative Irrigation
Scheme, Kingaon No. 2, Taluka Yawal.
Nimbhora     Co-operative    Irrigation    Scheme,
Nimbhora.
Kothur Co-operative Irrigation Scheme, Kothur

4

5

6

7

8

9

10 Madhukar Choudhary LIS, Maskawad
11
12

Sardar Vallabhai Patel, Thoragavan
Nageshwar    Co-operative    Irrigation    Scheme,
Jalod.
Someshwar    Co-operative    Irrigation    Scheme,
Kalali No. 1.
Someshwar    Co-operative    Irrigation    Scheme,
Sahapur.
Kisan  Co-operative  Irrigation  Scheme, Sakri

15
16 Mukatai      Co-operative     Irrigation     Scheme,

13

14

17

18

19

20

21

Manur-Budruk.
Neelkamal     Co-operative     Irrigation   Scheme,
Deogaon.

Maharashtra  State  Co-operative  Agricultural  and
Rural Development Bank Ltd., Jalgaon.
Bamnod  Co-operative   Lift  Irrigation  Scheme,
Bamnod.
Pratibha Co-operative Lift Irrigation Scheme,
Nimkhedi.
Sanegururji Co-operative Lift Irrigation Scheme,
Bohare.
Kapileshwar Co-operative Lift Irrigation Scheme,
Nimb.

Savada

Yawal
Yawal

Yawal

Yawal

Yawal

Yawal

Raver

Raver
Raver
Raver
Amalner

Amalner

Amalner

Bhusaval
Bhusaval

Parola

Yawal

Edalabad

Amalner

Amalner

769

1012
283

1015

1210

810

810

680

575
300
650
540

260

802

436
1618

621

12031

810

1615

1030

515

3970

1998 : Mah. IV]

Maharashtra Tapi Irrigation Development Corporation

21

Act,  1997

Serial
No.

(1)

Name of Lift Irrigation Schemes

(2)

Taluka

(3)

Irrigable
Area
(in Ha.)
(4)

PART  II
List of Co-operative Lift Irrigation Schemes in
Dhule District.

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

28
29
30
31
32
33
34
35

. .

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

. .
Uttar Tapi, Bhiladi
. .
Kameshwar, Bhamkheda . .
. .
. .
Shridutta,  Rangakheda
. .
Kedaveshwar, Prakasha
. .
. .
Shriramkrishana, Kahadal . .
. .
Akkadase, Sonewadi, Newada
. .
Shrividyasini, Akkadase Large Dhamane
. .
. .
Devaki-Knadan, Shirud
. .
. .
. .
Shri Ravikanya,  Lohagaon
. .
. .
Shri Daul Nandane, Daul
. .
. .
. .
Ashapuri, Tapimao, Patan . .
. .
. .
. .
Sou. Kamlatai, Virdel
. .
. .
Bhadreshwar, Kesit
. .
. .
. .
Radhakrishna,  Hatmohinda
. .
. .
Shri Siddeshwar, Laban Saheade
. .
. .
Pece
. .
Late Yeshwantrao Chavan, Warud
. .
. .
Chamundeshwari Devi, Takarkheda . .
. .
. .
Jai Yogeshwari, Hispur
. .
. .
. .
Jaishankar  Langhane
. .
. .
. .
. .
Sane Guruji Gavane
. .
. .
Swami Chakradar Gorane . .
. .
. .
. .
Nageshwar Noladsewal
. .
. .
Gurudatta Jisedha Wade
. .
. .
. .
Bhagyalaxmi Langhane   . .
. .
. .
. .
Jai Bhavani Sindkheda, Nimgul
Sindhkheda Dugadha Utpadak Krishi Purak  Co-
operative Society, Dondaicha, Taluka Kheda-
Daul, Jai Vital, Taluka Kheda.
Kolade
Deppak Nath Samshepur
Janata Khoparli
Vishwa Thirth
Karmaveer Kolade
Dipimai Vikran
Harit Kranti, Pusnad
Gayatri Kalumbu

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

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

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

Shahada
Shahada
Shahada
Shahada
Shahada
Sindkheda
Sindkheda
Shahada
Sindkheda
Sindkheda
Sindkheda
Sindkheda
Nandurbar
Nandurbar
Nandurbar
Shahada
Sindkheda
Sindkheda
Sindkheda
Sindkheda
Sindkheda
Sindkheda
Sindkheda
Sindkheda
Sindkheda
Sindkheda
Kheda Daul

Sindkheda
Nandurbar
Nandurbar
Nandurbar
Nandurbar
Nandurbar
Shahada
Shahada

324
405
567
1215
810
405
1619
1215
405
486
405
810
810
500
1215
400
481
405
470
677
607
1741
1434
1498
324
769
1336

400
405
640
280
1225
607
405
364

25664

22

Maharashtra Tapi Irrigation Development Corporation
Act,  1997

[1998 : Mah. IV

H  8-3,282  Bks.-4.2014

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