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VIDARBHA IRRIGATION DEVELOPMENT CORPORATION ACT, 1997

MAHARASHTRA ACT NO. XXVI OF 1997

(First published, after having received the assent of the Governor, in the “Maharashtra Government Gazette” on 28th April 1997).

Amended by VI of 1999 - (23.12.1998)

An Act to make special provisions for mobilisation of resources for completion of some ongoing irrigation protects in time bound manner, for promotion and operation of the said irrigation projects in Vidarbha region and command area development and schemes for generation of hydro-electric energy to harness the water of Godavari and Tapi Rivers allocated to the State of Maharashtra under the Water Disputes Tribunal Award and other allied and incidental activities including flood control by establishing the Vidarbha Irrigation Development Corporation.

WHEREAS, it was expedient to make special provisions for promotion and operation of some irrigation projects in Vidarbha region, command area development and schemes for generation of hydro- electric energy to harness the water of Godavari and Tapi Rivers allocated to the State of Maharashtra under the Water Disputes Tribunal Award and other allied and incidental activities including flood control, by establishing the Vidarbha 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 f Maharashtra was satisfied that circum stances existed which rendered it necessary for him to take immediate action to make a law, for the purposes hereinafter appearing; and, therefore, promulgated the Vidarbha Irrigation Development Corporation Ordinance, 1997, on the 12th March 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

SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT

(1) This Act may be called the Vidarbha Irrigation Development Corporation Act, 1997.

(2) It shall extend to the area of the Godavari and Tapi Rivers Valley in Vidarbha region of the State of Maharashtra, specified in the Schedule 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 onthel2th March 1997

SECTION 02: DEFINITIONS

In this Act, unless the context otherwise requires,

(a) “Area of operation of the Corporation” means the area of the Godavari and Tapi Rivers Valley specified in the Schedule 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 Vidarbha 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 the 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) “member” means a member of the Corporation designated as Director;

(g) “prescribed” means prescribed by the rules made under this Act;

(h) “Regulations” means the regulations made under this Act;

(i) “Schedule” means the Schedule appended to this Act;

(j) “State Government” or “Government” means the Government of Maharashtra.

CHAPTER II ESTABLISHMENT, CONDUCT OF BUSINESS AND EXPLOYEES OF THE CORPORATION

SECTION 03: ESTABLISHMENT OF VIDARBHA IRRIGATION DEVELOPMENT CORPORATION

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

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

SECTION 04: CONSTITUTION OF CORPORATION

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

(a) the Minister of Irrigation ex-officio Chairman;

(b) one non-official member to be nominated Vice Chairman by the State Government

(d) Secretary (1) to Government, Irrigation-; ex-officio Managing Director

(e) Secretary (Command Area Development)- ex-officio Member;

to Government, Irrigation Department

(f) Secretary to Government, Planning Department.- ex-officio Member;

(g) Secretary to Government, Finance Department.- ex -officio Member;

(h) Secretary (Forests) to Government,- ex -officio Member;

Revenue and Forests Department.

(i) Secretary (Relief and Rehabilitation) -ex-officio Member;

to Government, Revenue and Forests Department.

(j) Secretary to Government, Agriculture Department.- ex-officio Member;

(k) three non-official members representing reputed and recognised financial institutions, to be nominated by the State Government;

(1) five members to be nominated by the State Government, from amongst the members of the Maharashtra State Legislative Assembly;

(m)three members to be nominated by the State Government, from amongst the members of the Maharashtra State Legislative Council;

(n) two non-official qualified members to be nominated by the State Government having graduation and special knowledge and practical experience, one each from the field of Irrigation and Finance, respectively;

(o) 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 C 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 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 members of the Corporation nominated under clause (n) of sub-section (1) shall receive such remuneration and allowance 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 the regulations.

SECTION 05: EXECUTIVE COMMITTEE

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

(a) Managing Director of the Corporation Chairman-Member

(b) Executive Director of the Corporation -Member

(d) Chief Engineer (Gosikhurd), Irrigation Department, Nagpur.. -Member

(e) Chief Accounts arid 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.

SECTION 06: DISQUALIFICATION FOR MEMBERSHIP AND REMOVAL OF MEMBERS

(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 un-sound mind, and stands so declared by a competent Court;

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

(a) has been disqualified under sub-section (1); (b) refuses to act;

(c) has so abused his position as a member as to render his continuance on the Corporation detrimental to the interest of the public, or

(d) is otherwise unsuitable to continue as 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 remove shall be deemed to be vacant.

(4) A member who has been so removed under sub-section (3) shall not be eligible for re-appointment as member in any other capacity on the Corporation.

SECTION 07: MEETINGS OF CORPORATION

(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

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 Chairman or, in his absence the Vice-Chairman, appointed under clause (b) of section 4 shall preside at every meeting of the Corporation; provided that, if the Vice-Chairman appointed under the clause (b) is a person other than a member of the State Legislature Chief Secretary, being the other ex-officio Vice- Chairman, 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.

SECTION 08: CONSTITUTION OF COMMITTEES

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 such powers of the Corporation as it may deem fit for carrying out the purposes of this Act.

SECTION 09: PROVISION FOR INVITING OFFICERS OF GOVERNMENT AND LOCAL AUTHORITY

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

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

SECTION 10: FILLING UP OF CASUAL VACANCY OF MEMBER

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

SECTION 11: ACT NOT TO BE INVALIDATED BY VACANCY, INFORMALITY, ETC

No act done or proceedings taken under this Act by the Corporation or 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

SECTION 12: OFFICERS AND SERVANTS OF CORPORATION

(1) The State Government shall appoint Executive Director as provided in section 4(1) 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.

(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 superintendence of the Corporation and the overall control on the activities of the Corporation by the Managing Director, the Executive Director shall supervise and control all its officers and employees including any officers of Government appointed on deputation to the Corporation.

SECTION 13: DISQUALIFICATION OF ALL OFFICERS AND STAFF

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.

SECTION 14: AUTHENTICATION OF ORDERS, ETC., OF THE CORPORATION

All proceedings of the Corporation shall be authenticated by the Chair man or Vice-Chairman and all orders and instruments of the Corporation, subject to overall control and direction by the Managing Director, shall be authenticated by the Executive Director or any other officer of the Corporation as may be authorised in this behalf by regulations.

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

SECTION 15: VESTING AND TRANSFER OF PROPERTY TO THE CORPORATION

(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 assigned projects of the Corporation and their assets comprising movables and immovables including Irrigation Projects, Hydro-Electric Power Projects, works under construction, 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 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 entrusted to the Corporation, instituted or de fended by or against the State Government before the appointed date may be continued, or instituted, or de

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