LexThe MAHARASHTRA WATER CONSERVATION CORPORATION ACT, 2000.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act2001 : Mah. III] 1
THE MAHARSHTRA WATER CONSERVATION
CORPORATION ACT, 2000
[Text as on 21st August 2024]
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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 Maharashtra Water Conservation Corporation.
4. Constitution of Corporation.
5. Executive Committee.
6. Disqualification for being non-official member and removal of such member.
7. Terms of office of member.
8. Meetings of Corporation.
9. Disqualification for participation in proceedings of Corporation or Committee on account of
interest.
10. Constitution of Committees.
11. Provision for inviting Officer of Government or local body, etc.
12. Casual vacancy.
13. Act not to be invalidated by vacancy, infirmity, etc.
14. Officers and staff of Corporation.
CHAPTER III
VESTING OF PROPERTY, ASSETS AND LIABILITIES, AND
OBLIGATIONS, AND TRANSFER OF EMPLOYEES
15. Vesting and transfer of property to Corporation.
16. Decision of disputed properties.
17. Deputation of Officers and employees.
CHAPTER IV
FUNCTIONS AND POWERS OF CORPORATION
18. Functions of Corporation.
19. General powers of Corporation.
CHAPTER V
ACQUISITION OF LAND
20. Acquisition of land.
21. Transfer of Government land to Corporation.
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22. Powers of Corporation to dispose of land.
CHAPTER VI
FINANCE, ACCOUNTS AND AUDIT
23. Application of Corporation’s Assets, etc.
24. Fund of Corporation.
25. Contribution of Government to Corporation Fund.
26. Grants, subventions, loans and advances to Corporation.
27. Powers of Corporation to borrow.
28. Acceptance of deposits by Corporation.
29. Powers to spend.
30. Reserve and other Funds.
31. Submission of budget of Corporation.
32. Sanction of Budget Estimates.
33. Government as guarantor.
34. Disposal of profits and deficits.
35. Interest charges and other expenses to be added to and receipts taken for reduction of capital
cost.
36. Depreciation Fund.
37. Apportionment of betterment charges levied by State Government.
38. Financial Statement and programme of work.
39. Accounts and Audit.
40. Concurrent and special audit of accounts.
CHAPTER VII
MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
41. Furnishing of annual reports and returns, etc.
42. Execution of contract, etc.
43. General penalty.
44. Power of entry.
45. Dues to be recovered as an arrear of land revenue.
46. Service of notice, etc.
47. Public notice to be made known.
48. Default in performance of duty.
49. Offences by companies.
50. Authority for prosecution.
51. Compounding of offences by Corporation.
52. Penalty for obstruction.
53. Delegation of powers of Corporation.
54. Protection of action taken in good faith.
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55. Chairman, Executive Director, members and officers, etc. to be public servants.
56. Effect of provisions inconsistent with other laws.
57. Power to make rules.
58. Power to make regulations.
59. Power to remove doubts and difficulties.
60. Dissolution of Corporation.
61. Repeal of Mah. Ord. XIII of 2000 and saving.
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LIST OF AMENDMENT ACTS
1. Amended by Mah. 20 of 20011 (12-2-2001)
2. Amended by Mah. 14 of 2016
3. Amended by Mah. 52 of 2018
1 Maharashtra Ordinance No. 8 of 2001 was repealed by Mah. 20 of 2001, s. 5(1).
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
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Corporation Act, 2000
MAHARASHTRA ACT No. III OF 20011
[THE MAHARASHTRA WATER CONSERVATION CORPORATION ACT, 2000.]
[This Act received the assent of the Governor on the 1st January 2001; assent was first published
in the Maharashtra Government Gazette, Extraordinary, Part IV, on the 2nd January 2001.]
An Act to make special provisions for promotion, operation and rapid development and
regulation of watershed and water conservation works, including social forestry and
irrigation projects in the State of Maharashtra by establishing the Water
Conservation Corporation.
WHEREAS it was expedient to make speci al provisions for promotion, operation and rapid
development and regulation of watersheds and water conservation works including social forestry and
the irrigation projects in the State of Maharashtra and other matters connected therewith, by
establishing the Maharashtra Water Conservation 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 aforesaid and,
therefore, promulgated the Maharashtra Water Conservation Corporation Ordinance, 2000 (Mah. Ord.
XIII of 2000), on the 22nd August 2000;
AND WHEREAS it is expedient to replace the said Ordinance by an Act of State Legislature; It
is hereby enacted in the Fifty-first Year of the Republic of India as follows :––
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.— (1) This Act may be called the Maharashtra Water
Conservation Corporation Act, 2000.
(2) It shall extend to the whole of the State of Maharashtra excluding the notified cantonment and
urban areas, but shall cover irrigation project schemes having irrigable command area upto 2[600]
hectares.
(3) It shall be deemed to have come into force on the 22nd August 2000.
2. Definitions.— In this Act, unless the context otherwise requires,––
(a) ―bye-laws‖ means bye-laws made under this Act;
(b) ―Chairman‖ means the Chairman of the Maharashtra Water Conservation Corporation;
(c) ―Corporation‖ means the Maharashtra Water Conservation Corporation established
under section 3;
(d) ―Irrigation Project‖ means Minor Irrigation Project or Scheme hav ing irrigable
command area upto 3[600] hectares and shall include command area development and other allied
activities;
(e) ―Local Area‖ means the area falling within the jurisdiction of a local body;
(f) ―local body‖ means a Zilla Parishad, or Panchayat S amiti or Village Panchayat
established under the relevant law for the time being in force;
1 For Statement of Objects and Reasons of the L. A. Bill No. LXXVII of 2000, see Maharashtra Government Gazet te,
2000, Extraordinary, Part V-A, dated the 30th November 2000, page 512.
2 The figure was substituted for the figure ―250‖ by Mah. 52 of 2018, s. 2.
3 The figure was substituted for the figure ―250‖ by Mah. 52 of 2018, s. 3(a).
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(g) ―Managing Director‖ means the executive head who is an employee of the Corporation
and whose appointment is made by the State Government but, who receives remun eration from
the Corporation Fund for the services rendered;
1[(h) ―member‖ means a member of the Corporation and includes the Chairman and
Vice-Chairmen of the Corporation;]
(i) ―Member-Secretary‖ means the Member-Secretary of the Corporation;
(j) ―Non-official Member‖ means a member not being an ex officio member;
(k) ―Premises‖ means any land or building or any part of a building;
(l) ―prescribed‖ means prescribed by rules made under this Act;
(m) ―regulations‖ means the regulations made under this Act;
(n) ―rules‖ means rules made under this Act;
(o) ―State Government‖ or ―Government‖ means the Government of Maharashtra;
(p) ―Vice -Chairman‖ means the Vice -Chairman of the Maharashtra Water Conservation
Corporation.
CHAPTER II
ESTABLISHMENT, CONDUCT OF BUSINESS AND EMPLOYEES OF THE CORPORATION
3. Establishment of Maharashtra Water Conservation Corporation. — (1) The State
Government shall, by notification in the Official Gazette , establish for the purposes of this Act, a
Corporation to be called the Maharashtra Water Conservation Corporation.
(2) The Corporation established under sub -section (1) shall be a body corporate having perpetual
succession and a common seal, with powers, subject to the provisions of t his Act, to acquire, hold or
dispose of property, both movable and immovable, and to contract, and may sue or be sued by its
corporate name.
(3) The Head Office of the Corporation shall be at Aurangabad.
4. Constitution of Corporation.— (1) The Corporation shall consist of the following members,
namely :––
(a) Minister for Water
Conservation
Ex Officio Chairman;
(b) Minister of State for Water
Conservation
Ex Officio Vice-Chairman;
2[(b-1) One member to be nominated by
the State Government, having
special knowledge and practical
experience of water conservation
and soil conservation as well as
having a experience about water
conservation, through peoples
participation ;
Vice-Chairman;]
(c) Minister for Agriculture Ex Officio Member;
1 Clause (h) was substituted by Mah. 52 of 2018, s. 3(b).
2 Clause (b-1) was inserted by Mah. 52 of 2018, s. 4(a)(i).
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(d) Minister for Irrigation Ex Officio Member;
(e) Secretary to Government,
Finance Department
Ex Officio Member;
(f) Secretary to Government,
Planning Department
Ex Officio Member;
(g) Secretary to Government,
Forests Department
Ex Officio Member;
(h) Secretary to Government,
Agriculture Department
Ex Officio Member;
(i) Secretary to Government,
Irrigation Department
Ex Officio Member;
(j) Secretary to Government,
Water Conservation Department/
Employment Guarantee Scheme.
Ex Officio Member;
(k) Secretary to Government,
Rural Development Department.
Ex Officio Member;
(l) Director, Maharashtra Remote
Sensing Application Centre,
Nagpur.
Ex Officio Member;
(m) Director, Ground Water Surveys
and Development Agency, Pune.
Ex Officio Member;
(n) Managing Director Ex Officio Member;
(o) five members, 1[including one woman] to be nominated by the State Government, from
amongst the members of the Maharashtra Legislative Assembly;
(p) two members, to be nominated by the State Government, from amongst the members of
the Maharashtra Legislative Council;
2[(q) two members to be nominated by the State Government having special knowledge
and practical experience in the field of Irrigation;]
(r) one member, to be nominated by the State Government, having special knowledge in
the field of Finance;
(s) the Member-Secretary to be appointed by the State Government but he shall have no
right to vote.
(2) Notwithstanding anything contained in this Act, from the date of coming into force of this
Act, all the powers, duties and functions of the Corporation sh all, at any time, be exercised, performed
and discharged by the ex officio members, who are for the time being holding offices specified in
3[clauses (a), (b) and ( c) to (n)] of sub-section (1), and the Corporation shall be deemed to have been
validly constituted, even though all or any of the other members may or may not have been appointed
for the time being.
1 These words were inserted by Mah. 20 of 2001, s. 2.
2 Clause (q) was substituted by Mah. 52 of 2018, s. 4(a)(ii).
3 These words, brackets and l etters were substituted for the words, brackets and letters ―clauses ( a) to (n)‖ by Mah. 52 of
2018, s. 4(b).
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(3) Appointments made, from time to time, as members under clauses 1[(b-1)], (o), (p), (q), (r)
and (s) of sub-section (1) shall be published in the Official Gazette.
(4) The Members of the Corporation nominated under clauses 2[(b-1)], (o), ( p), ( q) and ( r) of
sub-section (1) shall receive such fees and allowances as may be laid down by the regulations.
5. Executive Committee. — (1) There shall be an Executive Committee 3[consisting of the
Chairman of the Corporation as t he Chairperson, the Vice -Chairmen of the Corporation a s the
Vice-Chairpersons and the following members], namely :––
(a) Managing Director of the
Corporation
4[Member-Secretary];
(b) 5[Additional Commissioner
(Water Conservation)]
Member;
(c) 6[Additional Commissioner (Soil
Conservation)]
Member;
(d) Director, Social Forestry, Pune Member;
(e) Chief Accounts and Audit Officer
of the Corporation.
Member.
(2) The appointment of Managing Director and Chief Accounts and Audit Officer shall be made
by the State Government on such terms and conditions as it may think fit.
(3) The powers, functions and duties of the Executive Committee shall be such as laid down by
regulations.
6. Disqualification for being non -official member and removal of such member. — (1) A
person shall be disqualified for being appointed or continued as non-official member, if he––
(a) has been convicted of an offence involving moral turpitude;
(b) is an undischarged insolvent;
(c) is of unsound mind and stands so declared by the competent Court;
(d) holds, except as provided in section 7, any office of profit under the Corporation;
(e) has directly or indirectly by himself or by any partner, employer or employee, any share
or interest, whether pecuniary or of any other nature, in any contract or employment with, by or
on behalf of the Corporation ; or
(f) is a Director, Secretary, Manag er or other officer of any company, which has any share
or interest in any contract or employment with, by or on behalf of the Corporation :
Provided that, a person shall not be disqualified under clause (e) or clause (f) by reason only
of his or the comp any of which he is a Director, Secretary, Manager or other Officer, is having a
share or interest in––
(i) any sale, purchase, lease or exchange of the immovable property or any agreement
for the same;
1 These brackets, letters and number were inserted by Mah. 52 of 2018, s. 4(c).
2 These brackets, letters and number were inserted by Mah. 52 of 2018, s. 4(d).
3 This portion was substituted for the portion beginning with the words ―consisting of the Chairmen‖ and ending with the
words ―the following members‖ by Mah. 52 of 2018, s. 5(a).
4 These words were substituted for the words ―Chairman‖ by Mah. 20 of 2001, s. 3(b).
5 These words and brackets substituted for the words and brackets ―Chief Engineer irrigation (Local Sector), Pune‖
by Mah. 52 of 2018, s. 5(b).
6 These words were substituted for the words ― Director, Soil Conservation and Wat ershed Management, Pune ‖
by Mah. 52 of 2018, s. 5(c).
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(ii) any agreement for loan of money or any security for payment of money only;
(iii) any newspaper in which any advertisement relating to the affairs of the
Corporation is published;
(iv) the occasional sale to the Corporation upto value not exceeding ten thous and
rupees in one year of any article in which he or the company regularly trades.
(2) The Government may remove from the Corporation any non -official member nominated by
the Government, who in its opinion,––
(a) has been disqualified under sub-section (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 a 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 r emoved under sub -section ( 3) shall not be eligible for
re-appointment as a member or in any other capacity on the Corporation.
7. Terms of office of member.— (1) A person appointed as member under clauses 1[(b-1)], (o),
(p), (q) and ( r) of sub -section (1) of section 4 shall hold the office for two years from the date of his
appointment unless the term of office is determined earlier by the State Government, by notification in
the Official Gazette :
Provided that, the members of the Maharashtra State Legislature shall cease to be the members of
the Corporation if they cease to be the members of the Maharashtra State Legislature.
(3) The members may be eligible for re-appointment.
(4) Any member may at any time resign his office by writing under his hand addressed to the
State Government and, on such resignation being accepted, he shall be deemed to have vacated his
office.
8. Meetings of Corporation.— (1) The Corporation shall meet at such times and places as the
Chairman may decide and observe such rules of procedure in regard to transactions of business at the
meetings (including the quorum thereof), as may be laid down by regulations :
Provided that, at least one meeting shall be held in every two calendar months in such a manner
so as to ensure that not more than sixty days intervene between the two meetings.
2[(2) The Chairman shall preside over every meeting of the Corporation. In th e absence of the
Chairman, the Ex officio Vice-Chairman under clause ( b) of sub -section (1) of section 4 shall preside
over such meeting and in absence of both Chairman and Ex officio Vice-Chairman under clause (b) of
sub-section ( 1) of section 4, the nomi nated Vice -Chairman under clause ( b-1) of sub -section ( 1) of
section 4 shall preside over the meeting. If, for any reason, the Chairman and Vice -Chairmen are
unable to attend any meeting, the meeting shall be presided over by the seniormost member Minister ,
present in the meeting.]
(3) All proceedings of the Corporation shall be authenticated by the Chairman and all orders and
instruments of the Corporation shall be authenticated by the Managing Director or any other Officer of
the Corporation as may be authorised in this behalf, by regulations.
1 These brackets, letter and number were inserted by Mah. 52 of 2018, s. 6.
2 Sub-section (2) was substituted by Mah. 52 of 2018, s. 7.
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9. Disqualification for participation in proceedings of Corporation or Committee on
account of interest. — (1) 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 informatio n, but no member so required to be present shall vote on any such
contract, loan, arrangement or proposal.
(2) If any member of the Corporation or of a Committee appointed by the Corporation has
directly or indirectly any interest in any area in which it is proposed to acquire land for any of the
purposes of this Act, he shall not take part in any meeting of the Corporation or Committee thereof in
which any matter relating to such land is considered.
(3) Nothing in sub-section (1) or (2) shall prevent any member of the Corporation or a Committee
thereof from voting on, or taking part in, the discussion of any resolution or question relating to any
subject other than the subject referred to in the said sub-sections:
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 the company concerned in any such contract, loan, arrangement or
proposal.
10. 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 such powers of the Corporation as it may deem fit for carrying out
the purposes of this Act.
11. Provision for inviting Officer of Government or local body, etc.— (1) The Corporation or
any of its Committees may invite any officer of the Central Government, State Government, local body
or any Organisation of any persons to attend its meeting or meetings as a special invitee for the purpose
of assisting or advising it on any matter or matters. The Officer so invited may take part in the
proceedings but, shall have no right to vote.
(2) The Officer so invited shall be entitled to receive such honorarium or compensatory allowance
for the purpose of meeting the personal expenditure in attending the meetings of the Corporation or its
Committee as the Corporation may determine, from time to time.
12. Casual vacancy.— Any vacancy of member of the Corporation shall be filled as e arly as
practicable, in like manner as if the appointment was being made for the first time.
13. Act not to be invalidated by vacancy, infirmity, etc. — No act done or proceedings taken
under this Act by the Corporation or any Committee appointed by the C orporation 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 Committee thereof ; or
(b) any defect or irregularity in the appointment as a member of the Corporation or of a
Committee thereof;
(c) any defect or irregularity in such act or proceedings, not affecting the substance.
14. Officers and staff of Corporation. — (a) The Corporation may with the prior approval of
the State Government appoint such other Officers and staff as it considers necessary for the efficient
performance of its duties and discharge of its functions.
(b) The conditions of appointment of the Officers and Servants may be laid down from time to
time, by regulations.
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(c) Subject to the superintendence 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.
CHAPTER III
VESTING OF PROPERTY, ASSETS AND 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 referr ed to as
―the appointed date‖),––
(a) the properties and assets comprising movables and immovables including irrigation
projects or soil conservation works, social forestry works, 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 or
local bodies and were under the control of the Water Conservation Departmen t or local bodies,
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 or local bodies, whether
arising out of any contract or otherwise pertaining to the said projects of the State Government or
local bodies, shall be 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 with respect to any scheme for the development of
irrigation projects, soil conservation works, social forestry works entrusted to the Corporation,
instituted or defended by or against the State Government before the appointed date may be continued,
or instituted, or defended by or against the Corporation.
16. Decision of disputed properties. — Where any doubt or dispute arises as to whether any
property or assets has 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. Deputation of Officers and employees. — (1) Where on account of conferment of any
powers, duties and functions on t he Corporation by or under this Act, in the opinion of the State
Government, any employee in the field or establishments, that is, Officers and employees belonging to
technical staff as well as ministerial and non -ministerial staff (permanent, regular, tem porary,
converted regular permanent, temporary and daily wages) in the Water Conservation Department on
the date specified by the State Government engaged in the fields of planning, investigation, design,
construction, management, land development on the S tate sector, irrigation projects, soil conservation
works, social forestry works, 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 Department of the State Government
or any officer authorized 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 dire cted by the State Government. After
the expiry of the period of deputation, he shall stand repatriated to the service under the State
Government.
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(3) All the permanent and regular temporary permanent employees of the said establishment
transferred on deput ation 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 coun ted for their increments, pension
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 :
Provided that, except in the case of the officers of the rank of 1[District Water Conservation
Officers] and other officers in the scale of 2[District Water Conservation Officers] and above, the
orders of the transfers shall be effected only after the approval of State Government.
(5) No employee on deputation to the Corporation shall be entitled to any deputation allowance.
(6) The salaries and allowances of employees on deputation of the Corporation shall be paid from
the Corporation Fund.
(7) Save as otherwise provided in this section, th e 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 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 as follows, namely :––
(a) to prepare, promote, execute, and finance the schemes 3[including the schemes upto 100
hectares of Zilla Parishad;] for water conservation, irrigation, soil conservation, watershed
management, social forestry 4[works of saline and alkaline land and construction of flood
protection walls] in conformity with the published policies of the State Government;
(b) to render all necessary services in regard to water conservation, irrigation, soil
conservation, watershed management, social forestry and works of saline and alkaline land to the
State Government, local bodies and on the request to provide services, on payment, to institutions
or individuals also;
(c) to prepare draft State plans for water conservation, irrigation, soil conservation,
watershed management, social forestry in conformity with the directions of the State
Government;
(d) to review and advis e on the taxes and fees, water rates etc., to be levied on the farmers
benefited due to recharge of wells located in the watersheds which is developed under any
watershed development scheme implemented in the areas of the Corporation and local bodies
which have entered into agreement with the Corporation;
(e) to assess the requirement of materials, and arrange for their procurement and utilization;
(f) to assess the requirement of manpower and training in relation to water conservation and
all other related activities in the State;
(g) to carry out applied research for efficient discharge of the duties and functions of the
Corporation;
(h) to plan, investigate, design, construct and manage the water conservation projects in the
watersheds;
1 These words were substituted for the words ―Executive Engineers‖ by Mah. 52 of 2018, s. 8.
2 These words were substituted for the words ―Executive Engineers‖ by Mah. 52 of 2018, s. 8.
3 These words were inserted by Mah. 20 of 2001, s. 4.
4 These words were substituted for the words ―and works of saline and alkaline land‖ by Mah. 20 of 2001, s. 4.
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(i) to enter i n to contract in respect of the works in any other matters transferred to the
Corporation along with assets and liabilities under this Act;
(j) to invite tenders, bids, offers and enter into contracts for the purposes of activities of the
Corporation;
(k) to promote participation of any person or body or association of individuals, whether
incorporated or not, in planning, investigation, designing, construction and management of
watershed development projects;
(l) to undertake schemes or works, either jo intly with other corporate bodies or institutions,
with the Government or local bodies or on agency basis in furtherance of the purposes for which
the Corporation is established and all matters connected therewith;
(m) to promote irrigation related activi ties such as fisheries, pisciculture, floriculture,
horticulture, sericulture, etc;
(n) to prepare annual plan and five-year working development plan;
(o) to prepare annual budget;
(p) to undertake any other activities including the works under Employme nt Guarantee
Scheme entrusted by the State Government in furtherance of the objectives for which the
Corporation is established.
19. General powers of Corporation. — (1) The Corporation shall have the powers to accord
administrative approval, revise administrative approval, technical sanction, acceptance of all tenders,
sanctioning the 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 prejudice to the generality of the foregoing provisions, such powers shall include the
power––
(a) to inspect and issue direct ions for implementation of measures, as may be, in respect of
all work of water conservation, watershed management, social forestry, executed by the
Corporation, including those works which are under the control of local bodies;
(b) to obtain periodic or specific information from any local body and operating agency as
the Corporation may deem necessary;
(c) to provide training for its own personnel as well as employees of local bodies;
(d) to lay down the schedule of fees and other charges of all kinds of services rendered by
the Corporation to the State Government, local bodies, institutions or individuals;
(e) to acquire, to 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;
(f) to stock its reservoir or water courses with fish, to sell fish or fishing rights and prohibit
taking out fish from the water under its control;
(g) to assist in the establishment of water users’ association and other organizations formed
under the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961) for the better use
of facilities made available by the Corporation;
(h) to engage suitable consultant or person 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 the furtherance of the objectives for which
Corporation has been established.
16 The Maharashtra Water Conservation [2001 : Mah. III
Corporation Act, 2000
CHAPTER V
ACQUISITION OF LAND
20. Acquisition of Land. — The State Government may for carrying out the purposes of this
Act, compulsorily acquire land under the Land Acquisition Act, 1894 (1 of 1894), and the acquisition
of any land for any of the said purposes shall be deem ed to be a public purpose within the meaning of
that Act.
21. Transfer of Government land to Corporation .— (1) For the furtherance of the object of
this Act, the State Government may by notification in the Official Gazette, upon such conditions as
may b e agreed upon between the Government and the Corporation, place at the disposal of the
Corporation any land vested in the 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, and directions, if any, given by the
State Government in this behalf.
(3) If any land plac ed at the disposal of the Corporation under sub -section (1) is not required by
the Corporation, the State Government, may ask the Corporation to return it to the State Government
upon such terms and conditions as may be mutually agreed upon.
22. Powers of Corporation to dispose of land. — 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 property vested in it, in such manner as it thinks fit f or carrying out the
purposes of this Act.
CHAPTER VI
FINANCE, ACCOUNTS AND AUDIT
23. Application of Corporation’s Assets, etc.— All the property, fund and other assets vesting
in the Corporation shall be held and applied by it for the purposes of this Act.
24. Fund of Corporation. — (1) The Corporation shall have and maintain its own Fund, to
which shall be credited––
(a) all the money received by the Corporation from the State Government by way of grants,
subventions, loans, advances and the loans raised under this Act;
(b) all money received by the Corporation from the disposal of lands, buildings and other
properties moveable or immovable and other transactions;
(c) all money received by the Corporation by way of 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-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.
25. Contribution of Government to Corporation Fund.— (1) The State Government shall, by
appropriation duly made in this behalf, fro m time to time, provide an aggregate 1[sum of Rs. 10,000
crore] to the Corporation Fund as its share of 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
1 The words, letters and figures ―sum of Rs. 2000 crore‖ were substituted by Mah. 14 of 2016, s. 2(a).
2001 : Mah. III] The Maharashtra Water Conservation 17
Corporation Act, 2000
installments spread over a 1[period of twenty -five years] f rom 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 Rs. 500 crore 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, establishment of the Corporation.
(2) The capital provided by the State Government shall not carry any interest.
26. 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 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.
27. Powers of Corporation to borrow. — (1) The Corporation may, subject to s uch 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 unguaranteed bonds, debentures, stocks or
term deposits, bill discounting 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 exceed rupees one thousand crore, unless the State Government fixes a higher
maximum limit for this purpose.
28. Acceptance of deposits by Corporation.— The Corporation may accept on such conditions
as may deemed fit from the persons, authorities or institutions, to whom allotment or sale of land or
building or fishing rights is made or is likely to be made in furtherance of the objects of this Act.
29. Powers to spend. — (1) 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 24 or from the Reserve and other Funds referred to in section 30, as the case may be.
(2) It shall be competent for the Corporation to spend such sums as it thinks fit also on objects
authorised under this Act other than the water c onservation projects and such sums shall be treated as
common expenditure payable out of the Fund of the Corporation.
30. Reserve and other Funds. — (1) The Corporation shall make provisions for such Reserve
and other specially denominated Funds as the State Government may, from time to time, direct.
(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.
31. Submission of budget of Corporation. — (1) The Managing Director of the Corporation
shall at a special meeting to be held in the month of October in each year, lay before the Corporation,
the budget estimates of the Corporation for the next year.
(2) Every such budget estimates shall be prepared in such form as the State Government may,
from time to time, by order, determine and shall provide for––
(i) the proposals, plans and projects which the Corporation proposes to execute either in part
or in whole during the next year;
(ii) the due fulfillment of all the liabilities of the Corporation; and
(iii) the implementation of the provisions of this Act; and such estimates shall contain a
Statement showing the estimated income and expenditure on capital and revenue accounts for the
1 These words were substituted for the words ―period of five years‖ by Mah. 14 of 2016, s. 2(b).
18 The Maharashtra Water Conservation [2001 : Mah. III
Corporation Act, 2000
next year and such other particulars, indicating the financial performance of the Corporation, as
the State Government may direct. The budget shall clearly reveal the financial outlay and
performance.
32. Sanction of Budget Estimates. — The Corporation shall consider the b udget estimates
submitted to it under section 31 and approve the same with or without modifications on or before such
date as the State Government may, from time to time, determine.
33. Government as guarantor.— The State Government may guarantee the rep ayment of any
loans or debentures and payment of interest on all or any of the loans or debentures given or transferred
to the Corporation.
34. Disposal of profits and deficits.— (1) Subject to the provisions of sub-section (2) of section
36 of this Act, the net profit, if any, attributable to each of the objects shall be fully credited to the
Corporation.
(2) The net deficit, if any, in respect of the objects shall be solely borne by the State Government.
35. Interest charges and other expenses to be added to and receipts taken for
reduction of capital cost.— The interest charges and all other expenditure shall be added to the capital
cost and all receipts shall be taken in reduction of such capital cost, if the Corporation is in deficit.
36. Depreciation Fund.— (1) The Corporation may make provision for Depreciation Fund at
such rate and on such terms as may be specified by the Comptroller and Auditor General of India, in
consultation with the State Government.
(2) The net profit for the purpose of section 34 shall be determined after such provision has been
made.
37. Apportionment of betterment charges levied by State Government.— In the event of any
betterment charges being imposed by the State Government, the proceeds thereof in so far as they are
attributable to the operations of the Corporation, shall be credited to the Corporation.
38. Financial Statement and programme of work.— (1) The Corporation shall, by such date in
each financial year as may be prescribed, prepare and submit to the St ate Government for approval an
Annual Financial Statement 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 vaExcerpt shown. Open the full act in Lexace.