Maharashtra Water Conservation Corporation Act, 2000

[Act No. 3 of 2001]1

[2nd January 2001]

Amended by Mah. 20 of 2001* (12-2-2001)†

Preamble

An Act to make special provisions for promotion, operation and rapid development and regulation of watershed and water conservation works, including social forestry and irrigation projects in the State of Maharashtra by establishing the Water Conservation Corporation.

WHEREAS it was expedient to make special provisions for promotion, operation and rapid development and regulation of watersheds and Water conservation works including social forestry and the irrigation projects in the State of Maharashtra and other matter* connected therewith, by establishing the Maharashtra Water Conservation Corporation;

AND WHEREAS its was considered necessary to immediately make a law for the same;

AND WHEREAS both Houses of the State Legislature were not in session;

AND WHEREAS the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action to make a law for the purposes aforesaid and, therefore, promulgated the Maharashtra Water Conservation Corporation Ordinance, 2000, on the 22nd August 2000(Mah. Ord. XIII of 2000);

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

Footnotes:

  1. For Statement of Objects and Reasons, see Maharashtra Government Gazette, 2000, Part V-A, Extraordinary, dated the 30th November 2000, Page 512.

    * Maharashtra Ordinance No. 8 of 2001 was repealed by Mah. 20 of 2001.

    † This indicates the date of commencement of Act.

    Chapter: I - Preliminary

    Section 1 - Short title, extent and commencement

    (1) This Act may be called the Maharashtra Water Conservation Corporation Act, 2000.

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

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

    Section 2 - Definitions

    In this Act, unless the context otherwise requires,-

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

    (b) "Chairman" means the Chairman of the Maharashtra Water Conservation Corporation;

    (c) "Corporation" means the. Maharashtra Water Conservation Corporation established under section 3;

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

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

    (f) "local body" means a Zilla Parishad, or Panchayat Samiti or Village Panchayat established under the relevant law for the time being in force;

    (g) "Managing Director" means the executive head who is an employee of the Corporation and whose appointment is made by the State Government but, who receives remuneration from the Corporation Fund for the services rendered;

    (h) "member" means a member of the Corporation and includes the Chairman and Vice-Chairman of the Corporation;

    (i) "Member-Secretary" means the Member-Secretary of the Corporation;

    (J) "Non-official Member" means a member not being an ex officio member;

    (k) "Premises" means any land or building or any part of a building;

    (l) "prescribed" means prescribed by rules made under this Act;

    (m) "regulations "means the regulations made under this Act;

    (n) "rules" means rules made under this Act;

    (o) "State Government" or "Government" means the Government of Maharashtra.

    (p) "Vice-Chairman" means the Vice-Chairman of the Maharashtra Water Conservation Corporation.

    Chapter: II - Establishment, Conduct of Business and Employees of the Corporation

    Section 3 - Establishment of Maharashtra Water Conservation Corporation

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

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

    (3) The Head Office of the Corporation shall be at Aurangabad.

    Section 4 - Constitution of Corporation

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

    (a) Minister for Water Conservation Ex Officio Chairman;
    (b) Minister of State for Water Conservation Ex-officio Vice-Chairman;
    (c) Minister for Agriculture Ex Officio Member;
    (d) Minister for Irrigation Ex Officio Member;
    (e) Secretary to Government Finance Department Ex Officio Member;
    (f) Secretary to Government Planning Department Ex Officio Member;
    (g) Secretary to Government Forests Department Ex Officio Member;
    (h) Secretary to Government Agriculture Department Ex Officio Member;
    (i) Secretary to Government Irrigation Department Ex Officio Member;
    (J) Secretary to Government, Water Conservation Department/ Employment Guarantee Scheme. Ex Officio Member;
    (k) Secretary to Government, Rural Development Department. Ex Officio Member;
    (l) Director, Maharashtra Remote Sensing Application Centre, Nagpur. Ex Officio Member;

    (m) Director, Ground Water Surveys and Development Agency, Pune. Ex Officio Member;
    (n) Managing Director Ex Officio Member;

    (o) five members, 1[including one woman] to be nominated by the State Government, from amongst the members of the Maharashtra Legislative Assembly;
    (p) two members, to be nominated by the State Government, from amongst the members of the Maharashtra Legislative Council;
    (g) one member, to be nominated by the State Government, having special knowledge or practical experience in the field of Irrigation;
    (r) one member, to be nominated by the State Government, having special knowledge in the field of Finance;
    (s) the Member-Secretary to be appointed by the State Government but he shall have no right to vote.

    (2) Notwithstanding anything contained in this Act, from the date of coming into force of this Act, all the powers, duties and functions of the Corporation shall, at any time, be exercised, performed and discharged by the ex offcio members, who are for the time being holding offices specified in clauses (a) to (n) of sub-section (1), and the Corporation shall be deemed to have been validly constituted, even though all or any of the other members may or may not have been appointed for the time being.

    (3) Appointments made, from time to time, as members under clauses (o), (p), (q), (r) and (s) of sub-section (1) shall be published in the Official Gazette.

    (4) The members of the Corporation nominated under clauses (o), (p), (q) and (r) of sub-section (1) shall receive such fees and allowances as may be laid down by the regulations.

    Footnote:

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

    Section 5 - Executive Committee

    (1) There shall be an Executive Committee 1[consisting of the Chairman of the Corporation as the Chairperson, the Vice-Chairman of the Corporation as the Vice-Chairperson and the following members], namely:--

    (a) Managing Director of the Corporation 2[Member-Secretary
    (b) Chief Engineer, Irrigation (Local Sector), Pune Member;

    (c) Director, Soil Conservation and Watershed Management, Pune (d) Director, Social Forestry, Pune (e) Chief Accounts and Audit Officer of the Corporation. Member;
    Member;
    Member;

    (2) The appointment of Managing Director and Chief Accounts and Audit Officer shall be made by the State Government on such terms and conditions as it may think fit.

    (3) The powers, functions and duties of the Executive Committee shall be such as laid down by regulations.

    Footnotes:

  3. These words were substituted for the words "consisting of the following members" ibid., s. 3(a).

  4. These words were substituted for the words "Chairman" ibid., s. 3(6).

    Section 6 - Disqualification for being non-official member and removal of such member

    (1) A person shall be disqualified for being appointed or continued as non-official member, if he-

    (a) has been convicted of an offence involving moral turpitude;

    (b) is an undischarged insolvent;

    (c) is of unsound mind and stands so declared by the competent Court;

    (d) holds, except as provided in section 7, any office of profit under the Corporation;

    (e) has directly or indirectly by himself or by any partner, employer or employee, any share or interest, whether pecuniary or of any other nature, in any contract or employement with, by or on behalf of the Corporation; or

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

    Provided that, a person shall not be disqualified under clause (e) or clause (f) by reason only of his or the company of which he is a Director, Secretary, Manager or other Officer, is having a share or interest in--

    (i) any sale, purchase, lease or exchange of the immovable property or any agreement for the same;

    (ii) any agreement for loan of money or any security for payment of money only;

    (iii) any newspaper in which any advertisement relating to the affairs of the Corporation is published;

    (iv) the occasional sale to the Corporation upto value not exceeding ten thousand rupees in one year of any article in which he or the company regularly trades.

    (2) The Government may remove from the Corporation any non-official member nominated by the Government, who in its opinion,--

    (a) has been disqualified under sub-section (i);

    (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...

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