LexThe Maharashtra Godawari Marathwada Irrigation Development Corporation Act, 1998
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1998 : Mah. XXIII] 1
THE MAHARASHTRA GODAWARI MARATHWADA IRRIGATION
DEVELOPMENT CORPORATION ACT, 1998
[Text as on 4th November 2024]
____________
CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title and extent.
2. Definitions.
CHAPTER II
ESTABLISHMENT, CONDUCT OF BUSINESS AND EMPLOYEES OF THE
CORPORATION
3. Establishment of Godawari Marathwada Irrigation Development Corporation.
4. Constitution of Corporation.
5. Executive Committee.
6. Disqualifications 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 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 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 State Government on 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.
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20. Water charges for supply of water for irrigation, industrial and domestic purposes.
21. Responsibility of Corporation for payment of interest on borrowed money.
22. Prohibition of construction of dam, bandhara, weir, etc. , except with approval of
Corporation.
23. Co-ordination with other authorities to minimise inconvenience caused by submergence.
24. Powers to be exercised by Corporation under 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.
28. Power of Corporation to dispose of land, etc.
CHAPTER VI
FINANCE, ACCOUNTS AND AUDIT
29. Application of Corporation’s 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 charge levied by State Government.
46. Financial Statement and programme of work.
47. Accounts and Audit.
48. Concurrent and special audit of accounts.
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CHAPTER VII
MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
49. Furnishing of annual reports and accounts, returns, etc.
50. Rehabilitation and re-settlement of the project affected persons.
51. Execution of contract, etc.
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. Chairperson, Vice-Chairperson, Executive Director, Members and Officers, etc., to be
public servants.
66. Effect of provisions 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.
SCHEDULE
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Development Corporation Act, 1998
LIST OF AMENDMENT ACTS
1. Amended by Mah. 9 of 2000 (8-10-1999)1
2. Amended by Mah. 31 of 2000 (4-5-2000)
1 Mah. Ord. 31 of 1999 was repealed by Mah. 9 of 2000, s. 7.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
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Development Corporation Act, 1998
MAHARASHTRA ACT No. XXIII OF 19981
[THE MAHARASHTRA GODAWARI MARATHWADA IRRIGATION
DEVELOPMENT CORPORATION ACT, 1998.]
[This Act received the assent of the Governor on the 14th August 1998; assent was first published,
in the Maharashtra Government Gazette, Part IV, on the 17th August 1998.]
An Act to make special provisions for promotion and operation of irrigation projects, command
area development and schemes for generation of hydro-electric energy to harness the water of
Godawari River pertaining to the State of Maharashtra and other allied and incidental activities
including flood control in the Godavari River Valley by establishing the Godawari Marathwada
Irrigation Development Corporation.
WHEREAS it is expedient to make special provisions for promotion and operation of Irrigation
projects, command area development and schemes for generation of hydro -electric energy to harness
the water of Godawari River pertaining to the State of Maharashtra and other allied and incidental
activities including flood control in the Godawari River Valley by establishing the Godawari
Marathwada Irrigation Development Corporation; and to provide for matters connected therewith and
incidental thereto hereinafter appearing; it is hereby enacted in the Forty -ninth Year of the Republic of
India, as follows :—
CHAPTER I
PRELIMINARY
1. Short title and extent.— (1) This Act may be called the Maharashtra Godawari Marathwada
Irrigation Development Corporation Act, 1998.
(2) It shall extend to the main stream of Godawari River in the Districts of the State of
Maharashtra as specified in the Schedule to this Act and such other area or areas, as the State
Government may, by notification in the Official Gazette, specify.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) “area of operation of the Corporati on’’ means the area of the main stream of Godawari
River and any other area or areas to which the provisions of this Act are extended by the State
Government by notification in the Official Gazette, under sub-section (2) of section 1;
(b) “Corporation ’’ means the Godawari Marathwada Irrigation Development Corporation
established under section 3;
(c) “Hydro -Electric Power Project ’’ means and includes the planning, construction,
maintenance and management of Hydro-Electric Power Projects (excluding Bhandardara (Phase I
and II) and Ghatgar Hydro -Electric Power Projects) within the area of operation of the
Corporation and shall also include such Hydro -Electric Power Projects as are assigned, handed
over or transferred to the Corporation by the State Government;
(d) “Irrigation Department” means the Irrigation Department of Government;
(e) “Irrigation Project” means the planning, con struction, 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,
1 For Statement of Objects and Reasons of the L. A. Bill No. XXXVIII of 1998 , see Maharashtra Government Gazette
1998, Extraordinary No. 64, Part V, dated the 27th July 1998, pages 605-606.
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and shall include command area development, flood control and other allied activities;
(f) “main stream of Godawari River ’’ means the geographical are a of Godawari River and
all its tributaries within the Districts of Nashik and Ahmednagar and in the Marathwada region of
the State of Maharashtra;
(g) “Member’’ means a member of the Corporation designated as Director;
(h) “prescribed’’ means prescribed by rules made under this Act;
(i) “regulations’’ means the regulations made under this Act;
(j) “State Government” or “Government” means the Government of Maharashtra.
CHAPTER II
ESTABLISHMENT, CONDUCT OF BUSINESS AND EMPLOYEES OF THE CORPORATION
3. Establishment of Godawari Marathwada Irrigation Development 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 Godawari Marathwada Irrigation Development Corporation.
(2) The Corporation established under sub -section (1) shall be a body corporate having perpetual
succession and a common seal, with power to contract, acquire, hold and dispose of property, both
movable and immovable, and to do all things necessary for the purposes of this Act, and may sue and
be sued by its corporate name.
(3) The head office of the Corporation shall be at Aurangabad.
4. Constitution of Corporation.— (1) The Corporation shall consist of the following members,
namely :—
(a) the Minister for Irrigation . . . . ex-officio Chairperson;
(b) two non-official members to be appointed
by the State Government.
. . Vice-Chairpersons;
(c) the Chief Secretary to Government . . ex-officio Vice-Chairperson;
(d) Secretary to Government, Irrigation Department ex-officio Managing Director;
(e) Secretary to Government, Irrigation Department
(Command Area Development).
ex-officio Member;
(f) Secretary to Government, Finance Department ex-officio Member;
(g) Secretary to Government, Planning Department ex-officio Member;
(h) Secretary to Government, Revenue and Forests
Department (Forests).
ex-officio Member;
(i) Secretary to Government, Revenue and Forests
Department (Relief and Rehabilitation).
ex-officio Member;
(j) Secretary to Government, Agriculture Department ex-officio Member;
(k) Seven members to be nominated by the State Government, from amongst the members of the
Maharashtra State Legislative Assembly elected from the Assembly constituencies in Nashik and
Ahmednagar Districts Marathwada region.
(l) two members to be nominated by the State Government, from amongst the members of the
Maharashtra State Legislative Council from Nashik and Ahemednagar Districts and Marathwada
region.
(m) one officer not below the rank of Secretary to Government, from the cadre of the Engineering
Services of the Irrigation Department to be appointed by the State Government as the Member -
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Secretary of the Corporation who shall be Designated as the Executive Director of the Corporation.
The Executive Director shall be entitled to take part in all the deliberations and proceedings of the
meetings of the corporation but shall have no right to vote.
(2) The term of office of the nominated members shall be for a period of one year unless
terminated earlier by the State Government:
Provided that, the members of the Maharashtra State Legislature shall cease to be the members of
the Corporation if they cease to be members of the Maharashtra State Legislature.
(3) The non -official members of the Corporation nominated under clause ( b) of sub-section (1)
shall 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 th e meetings of the Corporation, as may be
laid down by regulations.
5. Executive Committee. — (1) There shall be an Executive Committee consisting of the
following members, namely :—
(a) Managing Director of the Corporation . . Chairperson;
(b) Executive Director of the Corporation . . Member;
(c) Chief Engineer, Irrigation Department,
Aurangabad
. . Member;
(d) Chief Engineer (Command Area Development),
Aurangabad
. . Member;
(e) Chief Accounts and Finance Officer of the
Corporation
. . Member;
(f) Superintending Engineer of the Corporation . . Member-Secretary.
(2) The powers, functions and duties of the Executive Committee shall be such as may be laid
down by regulations.
6. Disqualifications 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 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 o r
on behalf of, the Corporation; or
(f) is a Director, Secretary, Manager or other office of any Company, which has any share or
interest in any contract or employment with, by or on behalf of the Corporation:
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 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 rel ating to the affairs of the
Corporation is published.
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(2) The State Government may remove from the Corporation any non-official member nominated
by it, who in its opinion,—
(a) has been disqualified under sub-section (1);
(b) refuses to act;
(c) has so abused his position as a member as to render his continuance on the Corporation
detrimental to the interest of the public; or
(d) is otherwise unsuitable to continue as member.
(3) No order of removal under sub -section (2) shall be made, unless the n on-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
Chairperson may decide and shall, subject to the provisions of sub -section (3), observe such rules of
procedure in regard to the transaction of business at its meetings (including quorum thereof) as may be
laid down by regulations:
Provided that, at least one meeting shall be held in every calendar month in such manner so as to
ensure that not more than thirty days intervene between the two meetings.
(2) The Chairperson or, in his absence, such of the Vice -Chairpersons appointed under clause (b)
of sub -section ( 1) of section 4, if both are the m embers of the State Legislature ; as may be
predetermined by the Chairperson by an order, shall preside over the meeting of the Corporation ; and
in the absence of all the three, the Chief Secretary to Government, being the ex-officio
Vice-Chairperson shall preside over such meeting:
Provided that, if the Vice-Chairpersons appointed under clause (b) of sub-section (1) of section 4
are persons other than the members of the State Legislature, the Chief Secretary as the ex-officio
Vice-Chairperson shall, in the absence of the Chairperson , preside over the meeting and in absence of
the Chief Secretary, such of the other Vice-Chairpersons, as may be predetermined by the Chairperson
by an order, shall preside over such meeting:
Provided further that, if for any reason the Chairperson and th e Vice-Chairpersons are unable to
attend any meeting, the meeting shall stand adjourned.
(3) A member, who is directly or indirectly concerned or interested in any contract, loan,
arrangement or proposal entered into or proposed to be entered into, by or on behalf of the Corporation,
shall, at the earliest possible opportunity, disclose the nature of his interest to the Corporation, and shall
not be present at any meeting of the Corporation when any such contract, loan, arrangement or
proposal is discussed, 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 conce rned 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. 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 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 Government, State Government, local
authority or any organisation or any person to attend its meeting or meetings as a special invitee for the
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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.
(2) The officer or person so invited shall be entitled to drawn such honorarium or compensatory
allowance for the purpose of meeting the personal expenditure in attending the meetings of the
Corporation or any of its committees as the Corporation may determine, from time to time.
10. 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 were being made for the first
time.
11. Act not to be invalidated by vacancy, informality, etc.— No act done or proceedings taken
under this Act by the Corporation or any committee appoi nted by the Corporation shall be invalidated
merely on the grounds of,—
(a) any vacancy of a member or any defect in the constitution or reconstitution of the
Corporation or a committee thereof; or
(b) any defect or irregularity in the appointment of a person as a member of the Corporation
or of a committee thereof; or
(c) any defect or irregularity in such act or proceedings, not affecting the substance.
12. Officers and servants of Corporation.— (1) The State Government shall appoint Executive
Director as provided in sub -section (1) of section 4, Superintending Engineer and Chief Accounts and
Finance Officer not below the rank of Director from the Maharashtra Finance and Accounts Service,
for the Corporation.
(2) The Corporation may, with the prior a pproval 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 s ervice 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, the Managing 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 of indirectly, by
himself or by his partner, or agent, any share or interest in any contract, by or on behalf of the
Corporation or in any employment under, by or on behalf of the Cor poration otherwise than as an
officer or staff thereof, shall be qualified to be an officer or staff of the Corporation.
14. Authentication for orders, etc., of Corporation.— All proceedings of the Corporation shall
be authenticated by the Chairperson or Vice-Chairperson and all orders and instruments of the
Corporation shall be authenticated by the Managing Director and the Executive Director or any other
officer of the Corporation as may be authorised in this behalf by regulations.
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 i n this section referred to as “the
appointed date’’),—
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(a) the properties and assets comprising movables and immovables including Irrigation
Projects, Hydro-Electric Power Projects, works under construction and management of completed
schemes, specified in that behalf, situated in the area of operation of the Corporation, which
immediately before the appointed date vested in the State Government and were under the control
of the Irrigation Department, shall vest in and stand transferred to the Corporation and all income
derived and expenses incurred in that behalf be brought on books of the Corporation; and
(b) the rights, liabilities and obligations of the State Government, whether arising out of any
contract or otherwise pertaining to the said projects of the State Government shall b e deemed to
be the rights, liabilities and obligations of the Corporation.
(2) Such properties, assets, rights, liabilities and obligations shall be valued in such manner as the
State Government may determine.
(3) All suits and other legal proceedings wi th respect to any scheme for the development of
Irrigation Projects and Hydro-Electric Power Projects vested in the Corporation, under sub -section (1),
instituted against or defended by the State Government before the appointed date may be continued, or
defended by or against, the Corporation.
16. Decision of State Government on ve sting 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 obligations have become the rights, liabilities or obligations 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
establishments, that is, officers and e mployees 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 engage d 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 surpl us 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 Stat e
Government, the Head of the Department of the State Government or any officer authorised by the
State Government in this behalf may, from time to time, having regard to the necessity therefore, by
order, depute such officers or employees to the Corporati on, 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 r epatriated 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.
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(6) The salaries and allowances of employees on deputation to the Corporation shall be paid from
the Corporation’s fund.
(7) Save as otherwise provided in this section, the terms and conditions of services of employees
on deputation to the Corporation shall not be less advantageous than those applicable to them
immediately before deputation and shall not be varied to their disadvantages except with the previous
sanction of the State Government.
CHAPTER IV
FUNCTIONS AND POWERS OF CORPORATION
18. Function of Corporation.— 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 project s and command
area development 1[, and to help drip irrigation schemes through the Agricu lture Department of
Government];
(c) to plan, investigate, design, construct and manage the schemes of the genera tion of
hydro-electrical energy;
(d) to enter into contracts in respect of the works and any other matters transferred to the
Corporation alongwith assets and liabilities under this Act;
(e) to invite tenders, bids, offers and enter into contracts for the purposes of all th e 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 corpo rate bodies or institutions,
or with Government or local authorities, or on an agency basis in furtherance of the purposes for
which the Corporation is established and all matters connected therewith;
(h) to promote irrigation related activities such as f isheries, 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 near by lake and in other suitable locations with irrigation
facilities and other infrastructure facilities and lease part or whole of such developed properties to
the interested parties;
(k) to prepare annual plan and five year working development plan;
(l) to prepare annual budget;
(m) to undertake any other activities entrusted by the State Government in furtherance of the
objectives for which the Corporation is established.
19. General powers of the Corporation.— (1) The Corporation shall have the powers to accord
technical sanction of acceptance of all tenders, sanctioning budget and making financial provisions,
1 These words were added by Mah. 9 of 2000, s. 6.
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settling disputes arising out of contracts and any other thing which may be necessary or expedient for
the purposes of carrying out its functions under this Act.
(2) Without prejudice to the generality of the foregoing provision, such powers shall include the
power,—
(a) to acquire and hold property, both movable and immovable as the Corporation may
deem necessary for the performance of any of its functions, duties, activities and to lease, sell,
exchange or otherwise transfer any property hold by it on such conditions as may be d eemed
proper by the Corporation;
(b) to construct or cause to be constructed s uch 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 c ourses 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, 1960 (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 establ ish, 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 Godawari River Valley;
(ii) determining the effect of its operations on the flow conditions in the God awari
River and its tributaries;
(iii) providing navigation condition in the Godawari River and its tributaries;
(h) to engage suitable consultant or p erson 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 further ance of the objectives for which the
Corporation is established.
20. Water charges for supply of water for irrigation, industrial and domestic
purposes .— The Corporation shall, from time to time, determine and levy water charges according to
volume, for s upply 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 recover ed shall be
sufficient at least to cover the interest charges 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 on the borrowed money through the recovery of water charges.
22. Prohibition of construction of dam, bandhara, weir, etc., except with 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:
1998 : Mah. XXIII] The Maharashtra Godawari Marathwada Irrigation 15
Development Corporation Act, 1998
Provided that, the State Government or a local authority may, construct and operate such dams,
weirs, bandharas, etc., anywhere or across any river or basin within such area of operation or assign or
hand over such dam, bandhara, weir, etc., to the Corporation.
23. Co-ordination with other authorities to minimise inconvenience caused by
submergence.— The Corporation shall k eep co -ordination with the State Government, Railway
Authorities, local authorities and statutory bodies with a view to minimising the inconvenience likely
to be caused by the submergence of railway, lands and roads and communications and shall bear the
cost of any re -alignment thereof or re -settlement of any population rendered necessary by such
submergence.
24. Powers to be exercised by Corporation under Maharashtra Irrigation Act,
1976. — Notwithstanding anything contained in the Maharashtra Irrigation Ac t, 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 to 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, exce pting in respect of levying and recovery of water charges by the
Corporation, as it may think necessary or expedient for carrying out of the purposes of this Act and the
Corporation shall be bound to follow and act upon such directions.
CHAPTER V
ACQUISITION OF LAND
26. Power to acquire land for purposes of this Act. — (1) The State Government may for
carrying, out the purposes of this Act, compulsorily acquire for the Corporation 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. So also the Corporation shall make
available to the Revenue Department of the Government or to any Officer authorised in th is behalf by
Government such fund as is required for the acquisition of the land under sub-section (1). The Officer
shall submit the account of such fund to the Corporation through the concerned Revenue
Commissioner.
27. Transfer of Government lands to C orporation.— (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 th e 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 Corpor ation 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
16 The Maharashtra Godawari Marathwada Irrigation [1998 : Mah. XXIII
Development Corporation Act, 1998
any land, any building or other property vested in it, in such manner as it thinks f it for carrying out the
purposes of this Act.
CHAPTER VI
FINANCE, ACCOUNTS AND AUDIT
29. Application of Corporation’s assets, etc. — All property, fund and other assets 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 Corporat ion from the disposal of lands, buildings and other
properties, movable and immovable and other transactions;
(d) all moneys received by the Corporation by way of water charges, rents and profits or
from any other source.
(2) The Managing Director of the Corporation with prior approval of the Corporation may keep
current and deposit accoun t with the State Bank of India or any other Nationalised Bank approved by
the State Government in this behalf.
(3) Such accounts shall be operated by such officers of the Corporation as may be authorised by it
in this behalf.
(4) Notwithstanding anything contained in sub-sections (2) and (3), the Corporation may keep on
hand such sum as it thinks fit for its day -to-day transactions, subject to such limits and conditions , as
may be prescribed.
31. 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
rupees 1[1950 crores,] to the Corporation Fund, as its share of the capital required by the Corporation,
for the performance of the functions of the Corporation under this Act, and such contribution shall be
paid in suitable instalments spread over a period of ten years from the date of e stablishment of the
Corporation:
Provided that, the State Government shall, by appropriation duly made in this behalf, initially
contribute and pay a sum of rupees 185 crores to the Corporation Fund:
Provided further that, the contribution made by the Government shall be exclusive of the
expenditure incurred by the Government for and in connection with the establishment of the
Corporation.
(2) The capital provided by the State Government shall not carry any interest.
32. 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 advances to the Corporation as it may deem necessary for the performance of
the functions of th e 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,
1 These figures and word was substituted for the figures and word “1300 crores” by Mah. 31 of 2000, s. 5.
1998 : Mah. XXIII] The Maharashtra Godawari Marathwada Irrigation 17
Development Corporation Act, 1998
or from the open market by issue of guaranteed or unguaranteed bonds, debentures stocks and
otherwise, for the purpose of providing itself with adequate resources.
(2) The maximum amount which the Corporation may at any time have on loan under
sub-section (1) shall not exceed rupees one thousand crores, unless the State Government fixes a higher
maximum limit for this purpose.
34. Acceptance of deposits by Corporation. — The Corporation may accept deposits on such
conditions as it deems fit from persons, authorities or i nstitutions, to whom allotment or sale of land or
buildings or fishing rights is made or is likely to be made in furtherance of the objects of this Act.
35. Power to spend.— The Corporation shall have the authority to spend such sums as it thinks
fit for the purposes authorised under this Act, from and out of the fund of Corporation referred to in
section 30 or from the reserve and other funds referred to in section 38, as the case may be.
36. Expenditure on objects other than Irrigation and Power Projects.— 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. Allocation of expenditure chargeable to project on main objects. — The total capital
expenditure chargeable to a project shall be allocated between the two main objects, Irrigation Projects
and Hydro-Electric Power Projects, as follows, namely :—
(a) Expenditure solely attributable to any one of the said two objects, including a
proportionate share of overhead and general charges, shall be charged to that object; and
(b) Expenditure common to both the said objects, including a proportionate share of
overhead and general charges, shall be allocated to the said objects in proportion to the
expenditure which, according to the estimate of the Corporation, would have been incurred in
constructing a separate structure for that object less any amount determined under clause ( a) in
respect of that object.
38. Reserve and other funds.— (1) The Corporation shall make provExcerpt shown. Open the full act in Lexace.