LexThe Konkan Irrigation Development Corporation Act, 1997
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1998 : Mah. III] 1
THE KONKAN IRRIGATION DEVELOPMENT
CORPORATION ACT, 1997
[Text as on 11th November 2024]
_____________
CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title extent and commencement.
2. Definitions.
CHAPTER II
ESTABLISHMENT, CONDUCT OF BUSINESS AND EMPLOYEES OF THE
CORPORATION
3. Establishment of Konkan Irrigation Development Corporation.
4. Constitution of Corporation.
5. Executive Committee.
6. Disqualification for membership and removal of members.
7. Meetings of Corporation.
8. Constitution of Committees.
9. Provision for inviting officers of Government and local authority.
10. Filling up of casual vacancy of member.
11. Act or proceeding not to be invalidated by vacancy, informally, etc.
12. Officers and servants of Corporation.
13. Disqualification of all officers and staff.
14. Authentication of orders etc. of Corporation.
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.
17. Power of State Government, to depute certain Government employees to Corporation.
CHAPTER IV
FUNCTIONS AND POWERS OF CORPORATION
18. Functions of Corporation.
19. General powers of the Corporation.
20. Water Charges for supply of water for irrigation, industrial and domestic purpose.
21. Responsibility of Corporation for payment of interest on borrowed money.
2 The Konkan Irrigation Development Corporation Act, 1997 [1998 : Mah. III
22. Prohibition of construction of dam, bandhara, weir, etc. except with the approval 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. Powers of the 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.
28. Power of Corporation to dispose of land etc.
CHAPTER VI
FINANCE, ACCOUNTS AND AUDIT
29. Application of Corporation assets, etc.
30. Fund of Corporation.
31. Contribution of Government to Corporation Fund.
32. Grants, subventions, loans and advances to Corporation.
33. Power of Corporation to borrow.
34. Acceptance of deposits by Corporation.
35. Power to spend.
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. Submission of budget to Corporation.
40. Sanction of budget estimates.
41. Government as Guarantor.
42. Disposal of profits and deficits.
43. 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. Financial Statement and programme of work.
47. Accounts and Audit.
48. Concurrent and special audit of accounts.
CHAPTER VII
MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
49. Furnishing of annual reports and returns, etc.
50. Rehabilitation and resettlement of the project affected persons.
51. Execution of Contracts etc.
1998 : Mah. III] The Konkan Irrigation Development Corporation Act, 1997 3
52. General penalty.
53. Power of entry.
54. Dues to be recovered as arrears of land revenue.
55. Service of notice, etc.
56. Public notice how to be made known.
57. Notice period for performance.
58. Default in performance of duty.
59. Offences by companies.
60. Authority for prosecution.
61. Compounding of offences by Corporation.
62. Penalty for obstruction.
63. Delegation of powers of Corporation.
64. Protection of action taken in good faith.
65. Chairman, the three Vice -Chairmen, Executive Director, Members and Officers etc. , to be
public servants.
66. Effect of provisions of Act inconsistent with other laws.
67. Power to make rules.
68. Power to make regulations.
69. Power to remove doubts and difficulties.
70. Dissolution of Corporation.
71. Repeal of Mah. Ord. XVII of 1997 and Saving.
SCHEDULE
4 The Konkan Irrigation Development Corporation Act, 1997 [1998 : Mah. III
1998 : Mah. III] The Konkan Irrigation Development Corporation Act, 1997 5
LIST OF AMENDMENT ACTS
1. Amended by Mah. 7 of 1999 (23-11-1998)1
2. Amended by Mah. 9 of 2000 (8-10-1999)2
3. Amended by Mah. 31 of 2000 (4-5-2000)
4. Amended by Mah. 18 of 2001 (24-10-2000)3
5. Amended by Mah. 19 of 2004 (27-11-2003)4, 5
6. Amended by Mah. 8 of 2007
1 Mah. Ord. 16 of 1998 was repealed by Mah. 7 of 1999, s. 4.
2 Mah. Ord. 31 of 1999 was repealed by Mah. 9 of 2000, s. 7.
3 Mah. Ord. 2 of 2001 was repealed by Mah. 18 of 2001, s. 11.
4 Mah. Ord. 18 of 2004 was repealed by Mah. 19 of 2004, s. 11.
5 Section 10 of Mah. 19 of 2004 reads as under :—
10. Removal of doubt and validation of certain acts proceedings etc. — (1) For the removal of doubt it is hereby
declare that, the amendments to the Krishna Valley Corporation Act or, the Konkan Corporation Act, as the case may be,
effected by the Maharashtra Krishna Valley and Konkan Irrigation Development Corporation (Amendme nt) Ordinance,
2003 (Mah. Ord. XIII of 2003), shall be deemed never to have been carried out and shall be of no consequence or effect.
(2) Notwithstanding anything contained in sub-section (1), any action taken or anything done by the Chief Engineer of
the Konkan Irrigation Development Corporation (including any contract or any instrument executed), during the period
commencing on the 27th November 2003 and ending on the 5th April 2004, being the date of publication of the Maharashtra
Krishna Valley and Konkan Irrigation Development Corporations (Amendment and Validation) Ordinance, 2004 (Mah.
Ord. VII of 2004), in the Official Gazette, shall be deemed to be valid and effective as if such action had been taken or
done or executed, under the provisions of the Konkan Corporation Act, as amended by this Act, in accordance with law ;
and no suit, appeal, application or other proceedings shall lie in any court or before any authority for declaring such action,
thing or execution as invalid only on the ground that such action taken or thing done (including any contract or any
instrument executed), was without authority of law.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
6 The Konkan Irrigation Development Corporation Act, 1997 [1998 : Mah. III
1998 : Mah. III] The Konkan Irrigation Development Corporation Act, 1997 7
MAHARASHTRA ACT NO. III OF 19981
[THE KONKAN 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.]
An Act to make special provisions for mobilisation of resources for, completion of some ongoing
irrigation projects in time bound manner, for promotion and operation of the said irrigation
projects in Konkan region, and for command area development and schemes for
generation of hydro-electric energy and other allied and incidental activities
including flood control by establishing the Konkan Irrigation
Development Corporation.
WHEREAS it was expedient to make special provisions for promotion and operati on of some
irrigation project in Konkan region, command area development, and schemes for generation of hydro-
electric energy and other allied and incidental activities including flood control, by establishing the
Konkan 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 Konkan Irrigation Development Cor poration Ordinance,
1997 (Mah. Ord. XVII of 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. Short title extent and commencement.— (1) This Act may be called the Konkan Irrigation
Development Corporation Act, 1997.
(2) It shall extend to the area of the Konkan region of the State of Maharashtra specified in the
Schedule and such other area or areas, as the State Government may, by notif ication in the Official
Gazette, specify.
(3) It shall be deemed to have come into force on the 4th December 1997.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) “Area of operation of the Corporation ” means the area of the Konka n 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 Konkan 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 project as are assigned, handed
over or transferred to the Corporation by the State Government;
(d) “Irrigation Department” means the Irrigation Department of the Government;
1 For Statement of Objects and Reasons of the L. A. Bill No. LXXI of 1997, see Maharashtra Government Gazette, 1997,
Extraordinary, Part V, page 25.
8 The Konkan Irrigation Development Corporation [1998: Mah. III
Act, 1997
(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 EMPLOYEES OF THE CORPORATION
3. Establishment of Konkan Irrigation Development Corporation.— (1) The State Government
shall, by 1notification in the Official Gazette, establish, for the purposes of this Act, a Corporation to be
called the Konkan 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 Thane.
4. Constitution of Corporation. — (1) The Corporation shall consist o f the following members,
namely:—
(a) the Minister for Irrigation. . . ex officio Chairman;
2[(b) two non-official members from the Konkan region
to be nominated by the State Government.
. . Vice-Chairmen;]
(c) the Chief Secretary to Government. . . ex officio Vice-Chairman;
(d) Secretary (1) to Government, Irrigation
Department.
. . ex officio Managing
Director;
(e) Secretary (Command Area Development) to
Government, Irrigation Department.
. . ex officio Member;
(f) Secretary to Government, Planning Department. . . ex officio Member;
(g) Secretary to Government, Finance Department. . . ex officio Member;
(h) Secretary (Forest) to Government, Revenue and
Forest Department.
. . ex officio Member;
(i) Secretary (Relief and Rehabilitation) to
Government, Revenue and Forest Department.
. . ex officio Member;
(j) Secretary to Government, Agriculture Department. . . ex officio Member;
1 See Maharashtra Government Gazette , Part IV -B, p. 57, dated the 11 th December 1997 ( vide G.N.T.D., No. KID
1097/147/97-WRT), dated 11th December, 1997, wherein the corporation is established.
2 Clause (b) was substituted by Mah. 18 of 2001, s. 5(a).
1998 : Mah. III] The Konkan Irrigation Development Corporation Act, 1997 9
(k) Three members to be nominated by the State Government, from amongst the members of
the Maharashtra State Legislative Assembly from Konkan Region;
(l) One member to be nominated by the State Government, from amongst the members of the
Maharashtra State Legislative Council from Konkan Region;
1[(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 Executive Director of the
Corporation. The Executive Director shall be entitled to take part in all 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 members of
the Corporation, if they cease to be members of the Maharashtra State Legislature.
(3) The non-official 2[members] of the Corporation 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 Corporation, as may be laid
down by the regulations.
5. Executive Committee.— (1) There shall be an Executive Committee consisting of the following
members namely:—
(a) Managing Director of the Corporation. . . Chairman.
3[(b) Executive Director of the Corporation. . . Member.]
(c) Chief Engineer, Irrigation Department Konkan
Region, Mumbai.
. . Member.
(d) Chief Accounts and Finance Officer of the
Corporation.
. . Member.
(e) Executive Engineer of the Corporation. . . Member-Secretary.
(2) The power, functions and duties of the Executive Committee shall be such as may be laid down,
by regulations.
6. 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,—
4[(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 Corporation:
1 Clause (m) was substituted by Mah. 19 of 2004, s. 4.
2 This word was substituted for the words “member” by Mah. 18 of 2001, s. 5(b).
3 Clause (b) was substituted by Mah. 19 of 2004, s. 5.
4 Clause (a) was substituted by Mah. 19 of 2004, s. 6.
10 The Konkan Irrigation Development Corporation [1998: Mah. III
Act, 1997
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 or immovable propert y 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 the non -official member who in its
opinion,—
(a) has been disqualified under sub-section (1);
(b) refuses to act;
(c) has so abused his position as a member as to render his continuance on the Corporation
detrimental to the interest of the public, or
(d) is otherwise unsuitable to continue as member.
(3) No order of removal under sub -section (2) shall be made unless the non -official member has
been given an opportunity to submit his explanation to the Government, and when such order is passed
the office of the member so removed shall be deemed to be vacant.
(4) A member who has been so removed under sub -section ( 3) shall not be eligible for
reappointment as member or in any other capacity on the Corporation.
7. 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.
1[(2) The Chairman or, in his absence, such of the Vice -Chairmen 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-Chairmen appointed under clause (b) are persons other than the Members
of the State 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 indire ctly 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, ar rangement or
proposal.
1 Sub-section (2) was substituted by Mah. 18 of 2001, s. 6.
1998 : Mah. III] The Konkan Irrigation Development Corporation Act, 1997 11
8. Constitution of Committees.— The Corporation may, from time to time, constitute a 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.
9. Provision for inviting officers of Government and local authority.— (1) The Corporation or
any of its committees may invite any officer of the Central Governm ent, State Government, local
authority or any organisation, 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 as person so authority invited may take part
in the proceedings, but shall have no right to vote.
(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. F illing 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 was being made for t he first
time.
11. Act or proceeding not to be invalidated by vacancy, informally, 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 Corpor ation
or of a committee thereof; or
(c) any defect or irregularity in such act or proceedings, not affecting the substance.
12. Officers and servants of Corporation.— (1) The State Government shall appoint, 1[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 Co rporation and the overall control on, the activities of
the Corporation by the Managing Director, the 2[Executive Director] shall supervise and control all its
officers and employees including any officers of Government appointed on deputation to the
Corporation.
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 be half of the Corporation, otherwise than as an officer or staff
thereof, shall be qualified to be an officer or staff of the Corporation.
14. Authentication of orders etc. of Corporation.— All proceedings of the Corporation shall be
authenticated by the C hairman or Vice -Chairman and all orders and instruments of the Corporation,
1 These words were substituted for the words “Chief Engineer” by Mah. 19 of 2004, s. 7(a).
2 These words were substituted for the words “Chief Engineer” by Mah. 19 of 2004, s. 7(b).
12 The Konkan Irrigation Development Corporation [1998: Mah. III
Act, 1997
subject to overall control and direction by the Managing Director, shall be authenticated by the
1[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
15. Vesting and transfer of property to 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 Corporation and their assets comprising movables and
immovables including Irr igation 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; 2* * *
3[(a-1) the properties and assets, comprising movables and immovables, in all Irrigation
Projects under survey and investigation or under construction, in the Konkan region, vested with
the Government as on the date of coming into force of the Vidarbha Irrigation Development
Corporation and the Konkan Irrigation Dev elopment Corporation (Amendment) Act, 2007 (Mah.
VIII of 2007), alongwith the establishment thereof, shall vest in the Corporation;
(a-2) all Irrigation Projects in the Konkan region for which the administrative approval has
been granted by the Water Resou rces Department of Government, however, budget provisions
therefor has not been made before the date of coming into force of the Vidharba Irrigation
Development Corporation and the Konkan Irrigation Development Corporation (Amendment) Act,
2007 (Mah. VIII of 2007), shall vest in 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, right, 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 for, defended by the Corporation.
16. Decision of the State Government on the vesting of property to be final. — Where any
doubt or dispute arises as to whether any property or assets have vested in the Corporation under section
15 or any rights, liabilities or obligation have become the rights, liabilities or obligation of the
Corporation under that section such doubt or dispute shall be referred to the State Government, whose
decision shall be final.
17. Power of State Government, to depute certain Government employees to Corporation.—
(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 establishment, that is, officers
and employees belonging to technical s taff 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
1 These words were substituted for the words “Chief Engineer” by Mah. 19 of 2004, s. 8.
2 The word “and” was deleted by Mah. 8 of 2007, s. 3(a).
3 Clauses (a-1) and (a-2) were inserted by Mah. 8 of 2007, s. 3(b).
1998 : Mah. III] The Konkan Irrigation Development Corporation Act, 1997 13
projects, lift irrigation schemes and Hydro -Electric Power Projects, have been rendered surplus or are
likely to be rendered surplus wholly or partially to the requirements of the State Government, or where
the services of such officers and servants are required by the Corporation for efficient exercise of its
powers, performance of its duties or discharge of its functions, the State Government, the Head of the
Department of the State Government or any officer authorised by the State Government in this behalf
may, from time to time, having regard to the necessity 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 adv antageous 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. Functions of Corporation.— The functions of the Corporation shall be—
(a) to promote and operate,—
(i) the irrigation projects mentioned in the schedule and command area development
including flood control; and
(ii) some schemes for the generation of hydro-electrical energy;
(b) to plan, investigate, design, construct and manage those irrigation project and their
command area development 1[and to help drip irrigation schemes through the Agriculture
Department of Government];
(c) to plan, investigate, design, construct and manage the schemes of the generation of hydro-
electrical energy;
(d) to enter into contracts in respect of the works and any other matters transferred to the
Corporation along with assets and liabilities under this Act;
1 These words were added by Mah. 9 of 2000, s. 4.
14 The Konkan Irrigation Development Corporation [1998: Mah. III
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 of not, in planning, investigation, des igning, 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,
sericulture, tissueculture, etc.;
(i) to promote tourism, water sports and other related activities on and around the Irrigation
and Hydro-Electric Power Projects;
(j) to develop the land around or nearby lake and in other suitable locations with irrigation
facilities and other infrastructure facilities and lease part or whole of such developed properties to
the interested parties;
(k) to prepare annual plan and five year working development plan;
(l) to prepare annual budget;
(m) to undertake or delete any o ther project and other activities entrusted by the State
Government in furtherance of the objectives for which the Corporation is established.
19. General powers of the Corporation. — (1) The Corporation shall have the power to accord
technical sanction, acceptance of all tenders, sanctioning budget and making financial provisions, settling
disputes arising out of contracts and any other thing which may be necessary or expedient for the
purposes of carrying out its functions under this Act.
(2) Without pr ejudice to the generality of the foregoing provisions, such power shall include
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;
(e) to assist in the establishment of water users’ association and other organisations formed
under the Maharashtra Co-operative Societies Act, 1961 (Mah. XXIV of 1961) for the better use
of facilities made available by the Corporation;
(f) to lease rights for water sports, other recreational activities related to the use of reservoir
and its surroundings and reservoir water;
(g) to establish, maintain and operate laboratories, experimental and research stations and
farms for conducting experiments and research for,—
(i) utilising the water, electrical, energy and other resources in the most econom ical
manner for the development of the river valleys in Konkan region;
1998 : Mah. III] The Konkan Irrigation Development Corporation Act, 1997 15
(ii) determining the effect of its operations on the flow conditions in the rivers and their
tributaries in Konkan region;
(iii) providing navigation condition in the rivers and their tributaries in Konkan region;
(h) to engage suitable qualified consultant or person having special knowledge or skill to assist
the Corporation in the performance of its functions;
(i) to do all such other th ings including making interest bearing monetary advances to the
contractors executing works on the projects of the Corporation 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. Water Charges for supply of water for irrigation, industrial and domestic purpose.— The
Corporation shall, from time to time, determine and levy water charges according to volume, for supply
of w ater for irrigation, industrial and domestic purposes to the State Government, local authorities,
Government agencies, cultivators and water user’ associations:
Provided that, the levy of water charges shall be such that water charges so recovered shall b e
sufficient to cover at least the interest charges and repayment of the loan raised by the Corporation from
the open market.
21. Responsibility of Corporation for payment of interest on borrowed money. — The
Corporation shall pay the interest charges on the borrowed money through the recovery of water charges.
22. Prohibition of construction of dam, bandhara, weir, etc. except with the approval of
Corporation.— 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 local authority may, construct and operate such dams,
bandharas, etc., anywhere or across any river or basin within such area of operation or assign or hand
over such dam, bandhara, weir, etc. to the Corporation.
23. Co -ordination with other authorities to minimise inconvenience caused by
sub-mergence.— The Corporation shall keep co -ordination with the State Government, Railway
Authorities, local authorities and other statutory bodies with a view to minimising the inconvenience
likely to be caused by the submergence of railways, lands and roads and communications and shall bear
the cost of any re -alignment thereof or resettlement of any population rendered necessary by such
submergence.
24. Powers to be exercised by the Corporation under the Maharashtra Irrigation Act, 1976.—
Notwithstanding anything contained in the Maharashtra Irrigation Act, 1976 (Mah. XXXVIII of 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 Corporation.
25. Powers of the State Government to issue directions.— 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 directions.
16 The Konkan Irrigation Development Corporation [1998: Mah. III
Act, 1997
CHAPTER V
ACQUISITION OF LAND
26. Power to acquire land for purposes of this Act.— The State Government may, for carrying
out the purposes of this Act, compulsorily acquire land under the Land Acquisition Act, 1894 (I of 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. Transfer of Government lands to Corporation. — (1) For the furtherance of the objects of
this Act, the State Government may by notification in the Official Gazette, upon such conditions as may
be agreed upon between the Government and the Corporation, place at the disposal of the Corporation
any lands vested in the State Government :
Provided that, the State Government shall not place at the disposal of the Corporation any lands
which are notified and included in a reserved forest.
(2) After any such land has been so placed at the disposal of the Corporation it shall be dealt with
by the Corporation in accordance with the provisions of this Act or the rules or regulations made
thereunder and the directions, if any, given by the State Government in this behalf.
(3) If any land placed at the disposal of the Corporation under sub-section (1) is not required by the
Corporation, the State Government may, ask the Corporation to restore it to the State Government upon
such terms and conditions as may be mutually agreed upon.
28. Power of Corporation to dispose of land etc. — Subject to any rules made by the State
Government under this Act, the Corporation may retain, lease, sell, exchange or otherwise dispose of
any land, any building or other property vested in it, in such manner as it thinks fit for carrying out the
purposes of this Act.
CHAPTER VI
FINANCE, ACCOUNTS AND AUDIT
29. Application of Corporation assets, etc.— All property, fund and other assests vesting in the
Corporation shall be held and applied by it, for the purposes of this Act.
30. Fund of Corporation.— (1) The Corporation shall have and maintain its own fund, to which
shall be 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, movable and immovable and other transactions;
(d) all money 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 -section (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. Contribution of Government to Corporation Fund.— (1) The State Government shall, by
appropriation duly made in this behalf, from time to time, provide an aggregate sum of not less than
1998 : Mah. III] The Konkan Irrigation Development Corporation Act, 1997 17
rupees 1[428 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 installments spread over a period of five 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 28 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. Grants, subventions, loans and advances to Corporation. — The State Government may,
after due appropriation made by the State Legislature by law in this behalf, make such grants,
subventions, loans and advance 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. Power of Corporation to borrow.— (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 un-guaranteed bonds, debentures, stocks, cash
certificates, fixed deposit 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 Excerpt shown. Open the full act in Lexace.