The Maharashtra Horticulture Development Corporation Act 1984

i4i 
GOVERNMENT OF MAHARASHTRA 
LAW AND JUDICIARY DEPARTMENT 
MAHARASHTRA ACT No. XXV OF 1988. 
THE MAHARASHTRA 
HORTICULTURE 
DEVELOPMENT CORPORATION 
ACT, 1984. 
(As modified upto the 10th January 2013) 
PRINTED IN INDIA BY THE MANAGER, YERAWDA PRIsoN PRESS, Pu-411 006 
AND PUBLISHED BY THE DIRECTOR, GOVERNIVIENT PRINTING, STATIONERY 
AND PUBLICATIONS, JVJAHABASHTBA STATE, MuîvtAI-400 004. 
2013 
Price-Rs. 3].00J 
5(1)228 
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THE MAHARASHTRA HORTICULTURE DEVELOPMENT CORPORATION 
ACT, 1984 
CONTENTS 
PREAMBLE. 
SECTION. 
CHAPTER I 
PRELIMINARY 
1. Short title, extent and commencement. 
2. Definitions. 
CHAPTER II 
ESTABLISHMENT OF JVJAHABASHTBA HORTICULTURE DEVELOPMENT CooR.&TIoN 
3. Establishment of Maharashtra Horticulture Development Corporation. 
4. Constitution of Corporation. 
5. Disqualification for membership and removal of member. 
6. Term of office and conditions of service of members. 
7. Meetings of Corporation. 
8. Cessation of membership and suspension or removal of member. 
9. Member not disqualified from being chosen or for being members of State 
Legislature or local authorities. 
lo. Provision for inviting officers of Government and local authority, etc., to assist 
or to advise. 
11. Filling up of casual vacancy of member. 
12. Members to act during vacancy, acts, etc., of Corporation not to be invalidated 
by informalities. 
13. Temporary absence of Chairman or members. 
14. Officers and servants of Corporation. 
CHAPThR III 
FUThCTIONS AND POWERS OF THE CooR.&TIoN 
15. Functions of Corporation. 
16. General powers of Corporation. 
17. Authentication of documents of Corporation. 
18. Power of State Government to issue direction. 
CHAPTER IV 
FINANCE, ACCOUNTS AND AUDIT 
19. Application of Corporations' assets, etc. 
20. Funds of Corporation. 
21. Grants, subventions, loans and advances to Corporation. 
22. Power of Corporation to borrow. 
5(1)228-1 
(i) 
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(ii) 
23. Acceptance of deposits by Corporation. 
24. Reserve and other funds. 
25. Power to spend. 
26. Budget and programme of work. 
27. Accounts and audit. 
28. Concurrent and special audit of accounts. 
CHAPTER V 
APPLICATION OF CERTAIN PROVISIONS OF T JVJAHABASHTBA LAND REVENUE CODE, 1966, 
T BOMBAY GOVERNItVIENT PREMISES (EVICTION) ACT, 1955 AND NON-APPLICATION OF 
RENT CONTROL ACTS TO CooR.&TIoN PREMISES. 
29. Application of certain provisions of Land Revenue Code. 
30. Application ofBombay Government Promises (Eviction) Act, 1955, to Corporation 
premises. 
31. Non-application of Rent Control Acts to Corporation premises. 
CHAPTER VI 
ACQUISITION AND DISPoS OF LAND 
32. Power to acquire land for purposes of this Act. 
33. 
34. 
35. 
36. Deleted. 
37. 
38. 
39. 
40. Disposal of land by Corporation. 
41. Voluntarily entrusting of land to Corporation. 
42. Laying out Plots. 
43. Allotment and priority in allotment of plots. 
44. Plot-holder to be co-partner and owner of plot allotted to him. 
45. Terms and conditions for allotment. 
CHAPTER VII 
APPORTIONItVIENT OF Amu AND CAPITAL EXPENDITURE AND STORAGE, TRANSPORT, 
PROCESSING AND MARKETING OF PRODUCE FROM FARMS AND ESTATES 
46. Apportionment of expenses. 
47. Liability to pay service charges. 
48. Earning wages by plot-holders for work in farm. 
49. Refusal to work by plot-holder. 
50. Adjustment and recovery of amounts from plot holders. 
51. Standard yield. 
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(iii) 
52. Surplus yield. 
53. Accounting of income from yields. 
54. Obligation to undertake storage, transport, processing, etc., of produce. 
CHAPTER VIII 
UNTJTILISED SURPLUS LANDS IN FAdMs OR ESTATES 
55. Six monthly report on utilization of land. 
CHAPTER IX 
SUPPLEMENTARYAND MTSCELLANEOUS PROVISIONS 
56. Transfer of Government lands to Corporation, 
57. Unrestricted entry of Corporation in lands allotted to beneficiary. 
58. Powers of entry. 
59. Nomination of controlling or licensing authority. 
60. Dues to be recovered as an arrear of land revenue. 
61. Service of notices, etc. 
62. Public notices how to be made known. 
63. Notice period for performance. 
64. Furnishing of returns, etc. 
65. Default in performance of duty. 
66. Dissolution of Corporation. 
67. Offences and penalties. 
68. Congnizance of offences. 
69. Compounding of offences. 
70. Delegation of powers of State Government or of Corporation. 
71. Power to make rules. 
72. Power to make regulations by Corporation. 
73. Rules made under section 7 1 and regulations under section 72 to be laid before 
both Houses of State Legislature. 
74. Protection of action taken in good faith. 
75. Members, officers, etc., to be public servants. 
76. Effect of provisions of Act. 
77. Power to remove doubts and difficulties. 
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1988 : Mah. XXV J Maharashtra Horticulture Development Corporation Act, 1984 
MAHARASHTRA ACT No. XXV OF 19881 
TEIE JVJAHABASHTBA HoRTIcuLTu DEVELOPMENT CooR.&TIoN ACT, 1 984J 
This Act received the assent of the President on the 4th November 1988; 
assent was first published in the Maharashfra Government Gazette, Part IV, Extraordinary, 
onthe l6thNovember 1988J. 
Amended by Mah. 18 of 1990 (6-6-1990) - 
An Act to make a special provision for securing the orderly establishment 
in horticultural production in the State of Maharashtra, and for storage, transport, 
processing and marketing of horticulture produce and to assist generally in 
the organisation thereof and for the purpose of establishing Maharashtra Horticulture 
Development Corporation and for incidental and supplemental purposes connected 
with the matters aforesaid. 
WHEREAS, it is expedient to make special provision for securing the orderly 
establishment in horticultural production in the State of Maharashtra and for storage, 
transport, processing and marketing of horticulture produce and to assist generally in 
the organisation thereof, and for the purpose of establishing Maharashtra Horticulture 
Development Corporation and for incidental and supplemental purposes connected 
with the matters aforesaid; It is hereby enacted in the Thirty-fifth Year of the 
Republic of India as follows :- 
CHAPTER I 
PRELIMINARY 
1. (1) This Act may be called the Maharashtra Horticulture Development Short title, 
extent and Corporation Act, 1984. 
C ommence - 
ment. (2) It extends to the whole State of Maharashtra. 
(3) It shall come into force from such 2date, as the State Government may, by 
notification in the Official Gazette, appoint. 
2. In this Act, unless the context otherwise requires,- Definitions. 
(a) "amenity" includes development of plot of land, land development work of soil 
conservation, road, bridge, any other means of communication, transport, supply of 
water to crops by construction of canals, field channels, irrigation works, 
supply of electricity, any other source of energy, street lighting, drainge, sewerage, 
fencing or compound, markets and such other convenience and infrastructure as 
the State Government may, specify to be an amenity for the purposes of this Act; 
i 
For Statement of Objects and Reasons, see Maharashtra Government Gazette, 1982, Part V, 
Extraordinary, pages 390-391; for Joint Committee Report, see Maharashtra Government Gazette 
1984, Part \Ç Extraordinary, pages 454-486. 
2 
ist June i990 (vide GN., A, AH, D.D. and F.D., No. UDYAN. i085/443/H-3, dated the 3ist May 
i990). 
1- This indicates the date of commencement of the Act. 
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Maharashtra Horticulture Development Corporation Act, 1984 1 1988 : Mah. XXV 
(b) "annual expenditure" includes expenditure of recurring nature such as costs of 
inputs like water, fertilizer, pesticides, wages for the labour, maintenance expenditure for 
minor irrigation works, and compound, and other incidental expenditure on the items 
relevant to development works undertaken by the Corporation or by the plot-holder 
and also includes such other items as the State Government may specify, from time to 
time, by general or special order in this behalf; 
(c) "approved beneficiary" means a person who is landless agricultural labour, or 
person from family below the poverty line and who is included in the list of approved 
beneficiaries by the Collector for the purposes of this Act; 
(cl) "capital expenditure" includes expenditure of non-recurring nature and on such 
items which create durable assets like land, land development, minor irrigation work, 
plantation material, construction of buildings and compound, or fencing, constructions of 
sheds, cost of training of personnel, expenditure on research or development and 
expenditure on amenities and also includes such other items as the State Government may 
specify, from time to time, by general or special order in this behalf 
Provided that, for the purposes of section 46, the expenditure incurred in construction 
ofbuildings for offices, staff quarters and laboratories including the laboratory equipments 
shall not be included in the capital expenditure; 
(e) "Collector" means the Collector of the district, and includes any officer specially 
appointed by the State Government to perform the functions of a Collector under this 
Act; 
"Corporation" means the Maharashtra Horticulture Development Corporation 
established under section 3 
(g) "development," with its grammatical variations, means the carrying out any land 
development or carrying out of any farm building operations or the making out of any 
material change in any building or land, growing nurseries, planting of horticultural crops, 
undertaking plant protection measures, processing of fruits, vegetables, spices and other 
horticulture or agricultural produce ; storing, warehousing and marketing of horticulture 
or agriculture produce obtained in the farm, introducing scientific management system of 
farm operations; and includes re-development and laying out of plots and sub-division 
of land into estates or farms, and also the provision of amenities ; and 'to develop' shall 
be construed accordingly; 
(h) "estate" means any area or a plot of land on which the Corporation carries out its 
development activities for the purposes of this Act 
(i) "farm" means any plot of land developed as a farm for the purposes of this Act; 
Û) "farm building" means any structure or erection or part of a structure or erection 
which is located in the farm or outside the farm and is intended to be used for the 
following purposes :- 
(a) for the storage of agricultural implements, manure or fodder, 
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1988 : Mah. XXV J Maharashtra Horticulture Development Corporation Act, 1984 3 
(b) for the storage of agriculture or horticulture produce, 
(c) for sheltering cattle, 
(cl) for residence of members of the family of the plot-holder, or 
(e) for any other purpose which is an integral part of his cultivating arrangement; 
(1) the expression "farming society" shall have the meaning assigned to it in clause 
Mah. (12) of section 2 of the Maharashtra Co-operative Societies Act, 1960 ; and which is 
XXIV registered under the said Act; of 
1961. (1) "horticulture" includes any activity undertaken in respect of obtaining horticulture 
produce 
(m) "horticulture Produce" includes- 
(i) fruit, including fresh, dried or frozen fruit, or by-product of any of them, 
(ii) vegetables of any kind grown for human consumption, 
(iii) spices, nuts, etc., 
(iv) flowers, 
(y) herbs, medicinal plants, 
(vi) seeds, plants, trees and other planting material in respect of any of the produce 
described in sub-clauses (i) to (y) 
(n) "land-holder" means a person lawfully in possession of land whether such 
possession is actual or not 
(o) "marketing of horticulture produce" or "marketing of horticulture or agriculture 
produce" includes export of any such produce 
(p) "plot-holder" means a person who has been allotted plot of land in the farm or 
estate under section 43 
(q) "poverty line means such level of the standard of living as the State Government 
may specify, from time to time, for the purposes of this Act; 
(r) "prescribed" means prescribed by rules made by the State Government under this 
Act; 
(s) "regulations" means regulations made under section 72 
(t) "standard yield" means standard yield referred to in section 51; 
(u) "surplus yield" means surplus yield referred to in section 52. 
CHAPTER II 
ESTABLISHMENT OF THE VJAHABASHTBA HORTICULTURE DEVELOPMENT CooR.&TIoN 
3. (1) For the purposes of promoting and assisting in the rapid and orderly development Establish- 
of horticulture crops and produce thereof in the State of Maharashtra and for processing ment of 
Maharashtra 
and marketing such produce the State Government may by notification in the Official Horticulture 
Gazette, establish a Corporation to be called the Maharashtra Horticulture Development Develop 
ment Corporation. Corporation. 
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4 Maharashtra Horticulture Development Corporation Act, 1984 11988 : Mah. XXV 
(2) Such Corporation established under sub-section (1) shall be a body corporate, 
having purpetual succession and a common seal, with power, subject to the provision of 
this Act, to contract, to acquire, hold and dispose of property, both moveable and 
immoveable, and to do all things necessary for the purposes of this Act, and may sue 
and be sued by its corporate name. 
Constitution 4. (1) The Corporation shall consist of the following members, that is to say- 
of 
Corporation. (a) The Minister for Horticulture 
(b) Secretary to Government in Horticulture Department, ex-officio; 
(c) Director of Horticulture, Maharashtra State, ex-officio; 
(cl) Deputy Secretary to Government, Finance Department, ex-officio 
(e) Deputy Secretary to Government, Agriculture and Co-operation Department 
(Agriculture), ex-officio 
Director of Marketing, Maharashtra State, ex-officio; 
(g) Joint Director of Horticulture (Credit and Marketing), ex-officio 
(h) Managing Director, Maharashtra State Co-operative Land Development Bank, 
ex-officio; 
(i) Managing Director of the Corporation, ex-officio 
Û) Representatives of the lead banksj not exceeding two, to be nominated by the 
State Government; 
(1ST) One representative, nominated by the Government oflndia, Ministry of Agriculture, 
ex-officio; 
(1) One representative from the Agricultural Universities, to be nominated by the 
State Government; 
(m) Non-official members not exceeding eight, of whom at least one shall be from 
each revenue division other than Bombay division and two, shall be from the Bombay 
division, to be nominated by the State Government. 
(2) The Minister for Horticulture shall be the Chairman of the Corporation. The State 
Government may, if it thinks fit, appoint one of the other members as Vice-Chairman. 
Disqualifica- 5. A person shall be disqualified for being nominated as a member, or continue to be 
tion for 
membership such member, if he- 
and removal 
of member. (a) is an employee of the Corporation, not being the Managing Director, or 
(b) is of unsound mind, and stands so declared by a competent Court, or 
(c) is an undischarged insolvent, or 
(cl) is a person having pecuniary interest in the produce of the farm or the estate 
under the Corporation, or 
(e) is convicted for an offence involving moral turpitude, unless such conviction 
has been set aside. 
1These words were substituted for the words "lead bank" by Mah. 18 of 1990, s. 2. 
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1988 : Mah. XXV J Maharashtra Horticulture Development Corporation Act, 1984 5 
6. (1) The Vice-Chairman (if any) and the members nominated under clauses (i), (1) Term of 
office and 
and (m) of sub-section (1) of section 4 shall hold office for a of period of five years from conditions 
the date of their nomination ; unless the State Government terminates their appointment of service of 
members. earlier: 
Provided that, whenever this period of five years expires and the Corporation is not 
reconstituted, the members aforesaid shall continue to hold their respective offices until 
the Corporation is reconstituted. 
(2) A member of the Corporation who is nominated or who becomes member of the 
Corporation by virtue of holding any office, being the member referred to in clauses (a) 
to (i) and (itT) of sub-section (1) of section 4 shall, notwithstanding anything contained 
in this Act, cease to be a member of the Corporation as soon as he ceases to hold that 
office. 
(3) Any person nominated as member on one or more occasions shall, unless disqualified, 
be eligible for renomination. 
(4) The members of the Corporation holding office under sub-section (1) of section 
4 shall bo entitled to draw such honorarium or compensatory allowance for the purpose 
of meeting the personal expenditure in attending the meetings of the Corporation or of 
any committee thereunder or appointed in connection with the work undertaken by or for 
the Corporation as the State Government may, from time to time, determine. 
7. (1) The Corporation shall meet at such times (but at least once in every calendar Meetings of 
month and thirty days shall not intervene between its last meeting and the date appointed orpora ion. 
for it next meeting) 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 meeting (including the quorum thereof) as may be laid down by 
regulations. 
(2) The Chairman or, in his absence the Vice-chairman (if any), shall preside at every 
meeting ofthe Corporation. If for any reason the Chairman and the Vice-Chairman (if any) 
are unable to attend any meeting, any member, elected by the members thereof present 
at the meeting, shall preside. 
(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. 
5(1)228-2 
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6 Maharashtra Horticulture Development Corporation Act, 1984 11988 : Mah. XXV 
Cessation ? 8. (1) If a member- membership 
suspension (a) becomes subject to any of the disqualifications mentioned in section 5, or 
(b) being a member other than ex-officio member tenders his resignation in writing 
to, and such resignation is accepted by, the State Government, or 
(c) is absent without the Corporation's permission from three consecutive meetings 
of the Corporation or from all meetings of the Corporation for three consecutive 
months, 
he shall cease to be a member of the Corporation. 
(2) The State Government may, by order, suspend from office for such period as it 
thinks fit, or remove from office any member of the Corporation, who, in its opinion,- 
(a) has refused to act, or 
(b) has become incapable of acting, or 
(c) has so abused his position as member as to render his continuance on the 
Corporation detrimental to the interest thereof or of the general public, or 
(cl) is otherwise unfit to continue as member 
Provided that, a member shall not be suspended or removed from office unless he has 
been given reasonable opportunity to show cause against the order. 
Member not 9. Notwithstanding anything contained in any law for the time being in force, a member 
disqualified 
from being (including the Chairman or Vice-Chairman) of the Corporation or any of its committees 
chosen or shall not be disqualified for being chosen as and for being a member or councillor of for being 
members of the State Legislature or any local authority or any committee, board, or body of such 
State 
Legislature Legislature or authority, merely by reason ofthe fact that he is a member ofthe Corporation 
or local or any of its committees. authorities. 
Provision 10. (1) The Corporation or any of its committee may invite any officer of the Central 
forinviting Government, any State Government, any local authority or any organisation to attend its 
Government meeting or meetings as a special or permanent invitee for the purpose of assisting or 
authority advising it on any matter or matters. The officer so invited may take part in the proceedings, 
etc., to assist 
or to advise. 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. 
Filling up of Any vacancy of a member of the Corporation shall be filled as early as practicable, 
casual vacancy 
of member. in like manner as if the appointment were being made originally. 
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1988 : Mah. XXV J Maharashtra Horticulture Development Corporation Act, 1984 
12. (1) During any vacancy in the Corporation the continuing members may act as if Members to 
act during no vacancy had occurred. vacancy, 
(2) The Corporation shall have power to act, notwithstanding any vacancy in the 
membership or any defect in the constitution thereof, or any defect or irregularity in not to be 
the nomination of any person as a member thereof, or any defect or irregularity in any invalidated 
act done or proceeding taken under this Act or the regulations made thereunder not iiormalities. 
affecting the merits of the case ; and such proceedings of the Corporation shall be valid 
notwithstanding that it is discovered subsequently that some person who was not 
entitled to do so sat or voted or otherwise took part in the proceedings or that some 
defect or irregularity as aforesaid existed. 
13. (1) If the Chairman or any other member of the Corporation is by reason of Temporary 
illness or otherwise rendered temporarily incapable of carrying out his duties, or is aor 
granted leave of absence by the Corporation, or is otherwise unable to attend to his members. 
duties in circumstances not involving the cessation of his membership, the State 
Government may appoint another person to act for him and carry out his duties and 
functions under this Act. Such person shall vacate office on the date when the member 
resumes his duties. 
(2) If a Vice-Chairman has been appointed, in the absence of the Chairman, the Vice- 
Chairman shall be competent to carry out the duties and functions of the Chairman. 
14. (1) The State Government shall appoint a Managing Director and Chief Officers and 
servants of Accounts Officer for the Corporation. Corporation 
(2) The Corporation may,- 
(a) with the previous approval of the State Government, appoint such number of 
Managers and Assistant Managers as may be necessary having regard to the workload 
of the estates or farms of the Corporation; and also 
(b) appoint such other Officers and Servants, subordinate to the Officers mentioned 
in sub-section (1) and in clause (cl) of this sub-section, as it considers necessary for 
the efficient performance of its duties and functions. 
(3) The conditions of appointment and service of the officers and servants and their 
scales of pay shall- 
(a) as regards the officers mentioned in sub-section (1), be such as the State 
Government may determine from time to time, and 
(b) as regards the other officers and servants mentioned in sub-section (2), be such 
as may be determined from time to time by the Corporation with the previous approval 
of the State Government. 
CHAPThR III 
FumcTIoNs AND PowERs OF THE CopoR.&TIoN 
15. The functions of the Corporation shall be- Functions of 
Corporation. 
(i) generally to promote and assist in the rapid and orderly establishment growth and 
development of horticulture 
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Maharashtra Horticulture Development Corporation Act, 1984 1 1988 : Mah. XXV 
(ii) in particular, and without prejudice to the generality of clause (i), to- 
(a) establish and manage horticultural farms and estates; 
(b) undertake works of providing amenities and development at such selected sites 
either jointly with landholders or other corporate bodies and institutions or with Co- 
operative or local authorities or on agency basis in furtherance of purpose for which the 
Corporation is established and all matters connected therewith 
(c) develop, aid, assist, promote, organise and finance societies or public trusts 
having inter alia their objects as agriculture, horticulture or irrigation, with technical, 
financial and managerial assistance including providing infrastucture, inputs and any 
other assistance for the prosecution of their work and business and for enabling them 
to develop and improve their methods or techniques of production, management or 
manufacture of the horticulture produce or products thereof and processing and marketing 
such produce or products 
(cl) undertake crop planning in accordance with agro-meteorologic and soilmoisture 
retention data and the marketing opportunities 
(e) manage and carry out farming operations in scientific system, such as minimum or 
appropriate tillage, plant density leading to optimal denses crop canopies, seed free 
environment, etc. 
provide or cause to be provided controlled release of fertilize use of nutrification 
in hibitors, foliar feeding and use of low cost anhydrous ammonia; 
(g) introduce use of bacterial algal and other microbial fertilizer and integrated nutrient 
supply involving an appropriate blend of organic, inorgainic and biological source of 
fertilizer; 
(h) provide any or all type of irrigation facilities as may be practicable and scientific 
on farm management of water, including drip or sprinkler irrigation wherever necessary; 
(i) undertake carbondioxide fertilisation for maximizing production in glass houses; 
Û) undertake integrated pest and disease management involving crop sanitation and 
agro-nomio, genetix biological and chemical methods of control; and use of hormones and 
growth (regulant) in fruit trees 
(k) carry out organic recycling leading to crop-livestock, crop-fish and crop-live stock- 
fish integration; 
(1) produce, procure and distribute seeds, grafis, seedings or any other planting 
material for horticulture production and undertake any other activity related to or 
supplementary to this function 
(m) arrange and provide any in-puts for crops to be taken on farms or estates 
(n) undertake or arrange for storage, transport, processing and marketing of produce 
of the farms and estates either by setting up required facilities, hiring such facilities or 
in collaboration with any other organisation subject to such terms and conditions as the 
State Government may approve 
(o) prepare annual plan and five year working development plan 
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1988 : Mah. XXV J Maharashtra Horticulture Development Corporation Act, 1984 9 
(p) prepare annual budget; 
(q) prepare development projects in respect of the plots allotted under the provisions 
of this Act; 
(r) undertake any other activity entrusted by the State Government in furtherance of 
the objectives for which the Corporation is established. 
16. Subject to the provisions of this Act the Corporation shall have power- General 
powers of 
(a) to acquire and hold such property, both moveable and immoveable as the Corporation. 
Corporation may deem necessary for the purposes of this Act; 
(b) to provide or cause to be provided common amenities and common facilities in 
farms and estates and to construct and maintain or cause to be maintained works and 
buildings therefor; 
(c) to make available and allot plots of land ill farms and estates on prescribed terms 
and conditions to the approved beneficiary or any person referred to in sub-section (2) 
of section 43 intending to take up horticultural (and in addition, agricultural) development 
as a vocation; 
(cl) to construct buildings for the housing of the plot-holders; 
(e) to modiFy or rescind such allotments, including the right and power to evict 
allottees concerned on breach of any of the terms and conditions of their allotment; 
to constitute advisory Committees to advise the Corporation; 
(g) to engage suitable consultant or persons having special knowledge or skill to 
assist the Corporation in the performance of its functions; 
(h) subject to the previous permission of the State Government, to delegate any of its 
powers generally or specially to any of its committees or officers, and to permit them to 
re-delegate specific powers to their subordinates 
(i) to enter into and perform all such contracts as it may consider necessary or 
expedient for carrying out any of its functions; 
Û) to provide or to make suitable arrangements for storage and transport of the 
horticulture and agriculture (if any) produce and for processing and marketing such 
produce; 
(k) to promote and encourage the following farming systems, that is to say- 
(i) mixed cropping and intercropping, 
(ii) rain fed farming, 
(iii) multiple cropping in irrigated areas, 
(iv) multi-level cropping, 
(y) kitchen gardening; 
(1) to help, guide and supervise the working of any farming society in 
implementation of horticulture development programmes undertaken by it, including 
providing infrastructure, inputs, financial and any other assistance necessary for the 
purpose ; and 
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10 Maharashtra Horticulture Development Corporation Act, 1984 11988 : Mah. XXV 
(m) to do all such other things and perform such acts and things as may be necessary 
for, or incidental or conducive to, any matters which are necessary for furtherance of the 
objects for which the Corporation is established. 
Authenti- 17. All allotment orders, decisions, notices and other documents of the Corporation cation of 
documents shall be authenticated by the signature of the Managing Director of the Corporation or 
. 
o f any other officer authorised by the Corporation in this behalf Corporation. 
Power of 18. The State Government may issue to the Corporation such general or special 
Government directions as to policy or exercising of the powers of performing the functions by the 
. 
to issue Corporation, as it may think necessary or expedient for the purpose of carrying out the 
directions. purposes of this Act and the Corporation shall be bound to follow and act upon such 
directions. 
CHAPTER IV 
FINANCE, ACCOUNTS A AUDIT 
Application 19. All property, fund and other assets vesting in the Corporation shall be held and of 
Corporation's applied by it, subject to the provisions and for the purposes of this Act. 
assets, etc. 
Funds of 20. (1) The Corporation shall have and maintain its own fund, to which shall be 
Corporation. credited- 
(a) all moneys received by the Corporation from the State Government by way of 
grants, subventions, loans, advances or otherwise and from the loans raised under 
section 22 
(b) all fees, costs and charges received by the Corporation under this Act; 
(c) all moneys received by the Corporation from the disposal of lands, buildings and 
other properties moveable and immoveable and other transactions; 
(cl) all moneys received by the Corporation by way of rents and profits or in any other 
manner 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 by regulations made 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. 
Grants, 21. The State Government may, afler due appropriation made by the State Legislature 
subventions, by law in this behalf, make such grants, subventions, loans and advances to the Corporation 
advances to as it may deem necessary for the performance of the functions of the Corporation under 
Corporation. this Act; and all grants, subventions, loans and advances made shall be on such terms 
and conditions as the State Government may determine. 
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1988 : Mah. XXV J Maharashtra Horticulture Development Corporation Act, 1984 11 
22. (1) The Corporation may, subject to such conditions as may be prescribed in this of 
behalf, borrow money from the financial institutions or in the open market by issue of 
guaranteed or unguaranteed bonds, debentures, stocks or 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 be exceeding rupees ten crores, unless the State Government 
fixes a higher maximum amount for this purpose. 
23. The Corporation may accept deposits on such conditions as it deems fit from Acceptance of 
persons authorities or institutions to whom allotment or sale of land or buildings is made deposits by 
Corporation. 
or is likely to be made in furtherance of the objects of this Act. 
24. (1) The Corporation shall make provisions for such reserve and other specially Reserve and 
. . . . other funds. denominated funds as the State Government may, from time to time, direct. Such funds 
shall include the following funds, namely :- 
(a) stabilization funds, and 
(b) welfare fund. 
(2) The management of the funds referred to in sub-section (1), the sums to be 
transferred from time to time to the credit thereof and the application of money comprised 
therein, shall, subject to the directions, if any, issued by the State Government in this 
behalf, be determined by the Corporation. 
(3) None of the funds referred to in sub-section (1) shall be utilised for any purposes 
other than that for which it is constituted. 
25. (1) The Corporation shall have the authority to spend such sums as it thinks fit Power to 
for the purpose authorised under this Act from out of the general fund of the Corporation spend. 
referred to in section 20 or from the reserve and other funds referred to in section 24, 
as the case may be. 
(2) Without prejudice to the generality of the power conferred by sub-section (1), for 
the purposes of section 15 or 16, the Corporation may, within its discretion, give grants, 
advances or loans to, or share expenses with, any local authority or public undertaking, 
within or without the area of its operation, towards expenses incurred or to be incurred 
by such authority or undertaking in the performance, in relation to any of its horticultural 
or agricultural farms or estates, of any of the statutory functions of such authority or 
undertaking, including expenditure incurred in the acquisition of land ; and notwithstanding 
anything contained in any law for the time being in force, it shall be lawful for such 
authority to accept such grants, advances or loans or share in the expenses, subject to 
such terms and conditions as the Corporation may, from time to time, in consultation with 
such authority or undertaking, specify. 
26. (1) The Corporation shall, by such date in each financial year as may be prescribed, Budget and 
prepare and submit to the State Government for approval an annual financial statement programme 
and the programme of work for the succeeding financial year and the State Government 
may, approve such financial statement and the programme of work of the Corporation, as 
submitted by the Corporation or with such variations as the State Government thinks fit. 
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12 Maharashtra Horticulture Development Corporation Act, 1984 11988 : Mah. XXV 
(2) The annual financial statement shall show the estimated receipts and expenditure 
during the succeeding financial year in such form and detail as may be prescribed. 
(3) The Corporation shall be competent to make variations in the approved programme 
of work in the course of the financial year provided that all such variations and 
reappropriations out of the sanctioned budget are brought to the notice of the State 
Government by a supplementary financial statement. 
Accounts 27. (1) The Corporation shall maintain books of accounts and other books in relation 
and audit. 
to the business and transaction in such form, and in such manner, as may be prescribed. 
(2) The accounts of the Corporation shall be audited by an auditor appointed by the 
State Government, in consultation with the Comptroller and Auditor General of India. 
(3) Within nine months from the end of the financial year or as soon as the accounts 
of the Corporation are audited, whichever is earlier, the Corporation shall, send a copy 
thereof together with the copy of the report of the auditor thereon to the State Government. 
(4) The State Government shall cause the accounts of the Corporation together with 
the audit report thereon forwarded to it under sub-section (3) to be laid annually before 
each House of the State Legislature, as far as possible before the expiry of the year next 
succeeding the year to which the accounts and the report relate. 
Concurrent 28. (1) Notwithstanding anything contained in the last preceding section, the State 
and special 
audit of Government may order concurrent audit of the accounts of the Corporation by such 
accounts. person as it thinks fit. The State Government may also direct a special audit to be made 
by such person as it thinks fit of the accounts of the Corporation relating to any particular 
transaction or class or series of transactions or to a particular period. 
(2) When an order is made under sub-section (1), the Corporation shall present or 
cause to be presented for audit all such accounts and shall furnish to the person 
appointed under sub-section (1) such information as the said person may require for the 
purpose of audit. 
CHAPTER V 
APPLICATION OF CERTAIN PROVISIONS OF T JVJAHABASHTBA LAND REVENUE CODE, 
1966, T BOMBAY GOVERNItVIENT PREMISES (EVICTION) ACT, 1955 AND NoN- 
APPLICATION OF RENT CONTROL ACTS To CopoR.&TIoN PREMISES. 
Application 29. The provisions of sections 50 to 54A (both inclusive) of the Maharashtra Land Mah. 
of certain XLI 
provisions Revenue Code, 1966 shall mutatis mutandis apply to the lands vested in the Corporation of of Land as they apply to the lands vested in the State Government. 1966. Revenue 
Code. 
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1988 : Mah. XXV J Maharashtra Horticulture Development Corporation Act, 1984 13 
30. (1) The State Government may, by notification in the Official Gazette, provide from Application 
. . . . . of Bombay Bom. such date as is stated therein that the *Bombay Government Premises (Eviction) Act, 1955, Government 
II of shall apply to premises belonging to, vesting in, or leased by, Corporation as that Act Premises 
i 9 5 6 . 
applies in relation to Government premises, but subject to the provisions of sub-section tc 
(2). Corporation 
premises. 
(2) On a notification being issued under sub-section (1), the aforesaid Act and the 
rules made thereunder shall apply to premises of the Corporation with the following 
modifications, that is to say- 
(a) the State Government shall appoint an officer who is holding or has held office 
whether under the Government or the Corporation, which in the opinion of the State 
Government is not lower in rank than that of a Deputy Collector or an Executive Engineer, 
to be the competent authority for the purposes of the aforesaid Act; 
(b) references to "Government premises" in that Act and those rules shall be deemed 
to be references to premises of the Corporation, references to "the State Government" in 
sections 4, 5, 6 and 9 of that Act shall be deemed to be references to the Corporation. 
Bom. 31. The **Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, or other Non- 
LVII law corresponding thereto for the time being in force in any part of the State- apPlication 
of o en 
i 947. (a) shall not apply to any premises belonging to or vesting in the Corporation under Control Acts 
or for the purposes of this Act to 
Corporation 
(b) shall not apply as against the Corporation to any tenancies or like relationship premises. 
created by the Corporation in respect of any such premises; 
(c) but shall apply to any premises let to the Corporation. 
ACQUISITION AND DISPoS OF LAND 
'p2. The State Government may, for carrying out the purposes ofthis Act, compulsorily Power to 
I of acquire land under the Land Acquisition Act, 1894 ; as amended from time to time and acquire land 
for purposes i 894. the acquisition of any land for any of the said purposes shall be deemed to be a public of this Act. 
purpose within the meaning of that Act.J 
2* * * 
40. (1) Subject to any directions given by the State Government under this Act, the Disposal of 
. . land by Corporation may dispose of- Corporation 
(a) any land acquired by the State Government and transferred to it without undertaking 
or carrying out any development thereon ; or 
(b) any such land afler taking or carrying out such development as it thinks fit, to 
approved beneficiaries; and other persons in accordance with the priorities mentioned in 
or under section 43 in such manner and subject to such terms and conditions, as it 
considers expedient for securing the purposes of this Act. 
1Section 32 was substituted for the original by Mah. 18 of 1990, s. 3. 
2Sections 33, 34, 35, 36, 37, 38 and 39 were deleted, ibid., s. 4. 
*The short title was amended as "Maharashtra Government Premises (Eviction) Act" by Mah. 24 
of 2012, Sch.,entry 59, w.e.f. 1-5-1960. 
**Now see the Maharashtra Rent Control Act, 1999 (Mah. 18 of 2000). 
5(1)228-3 
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14 Maharashtra Horticulture Development Corporation Act, 1984 11988 : Mah. XXV 
(2) The powers of the Corporation with respect to the disposal of land under sub- 
section (1) shall be so exercised as to secure, so far as practicable, that 
(a) where the Corporation proposes to dispose of by sale any such land without any 
development having been undertaken or carried out thereon, the Corporation shall offer 
the land in the first instance to the persons from whom it was acquired, if they desire to 
purchase it, subject to such requirements as to its development and use as the Corporation 
may think fit to impose; 
(b) persons who are raising agriculture or horticulture crops or carrying on other 
activities on any such land shall, if they desire to obtain such land belonging to the 
Corporation and are willing to comply with any requirements of the Corporation as to its 
development and use, have an opportunity to obtain such land as is suitable to their 
reasonable requirements on terms settled with due regard to the price at which any such 
land has been acquired from them, 
(3) Nothing in this Act shall be construed as enabling the Corporation to dispose of 
land by way of gift, mortgage or charge, but subject as aforesaid reference in this Act 
to the disposal of land shall be construed as reference to the disposal thereof in any 
manner, whether by way of sale, exchange or lease or by the creation of any easement, 
right or privilege or otherewise. 
Voluntarily 41. (1) Where any land-holder or owne

Excerpt shown. Open the full act in Lexace.

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