State of Maharashtra - Act
The Vidarbha Irrigation Development Corporation Act, 1997
MAHARASHTRA
India
India
The Vidarbha Irrigation Development Corporation Act, 1997
Act 26 of 1997
- Published on 28 April 1997
- Commenced on 28 April 1997
- [This is the version of this document from 28 April 1997.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
Preliminary
1. Short title, extent and commencement.
2. Definitions.
- In this Act, unless the context otherwise requires,-Chapter II
Establishment, Conduct of Business and Employees of the Corporation
3. Establishment of Vidarbha Irrigation Development Corporation.
4. Constitution of Corporation.
| (a) | the Minister of Irrigation | ex-officioChairman; |
| (b) [ [[Clause (b) was substituted by Maharashtra 18 of 2001, section 2(a), w.e.f. 24-10-2000. Substituted clause reads as follows:(b) one non-official member to be nominated by the State Government - Vice-Chairman;]] | two non-official members from the Vidarbha region to benominated by the State Government. [[Clause (b) was substituted by Maharashtra 18 of 2001, section 2(a), w.e.f. 24-10-2000. Substituted clause reads as follows:(b) one non-official member to be nominated by the State Government - Vice-Chairman;]] | Vice-Chairmen;] [[Clause (b) was substituted by Maharashtra 18 of 2001, section 2(a), w.e.f. 24-10-2000. Substituted clause reads as follows:(b) one non-official member to be nominated by the State Government - Vice-Chairman;]] |
| (c) | the Chief Secretary to Government | ex-officioVice-Chairman |
| (d) | Secretary (1) to Government, Irrigation Department | ex-officioManaging Director; |
| (e) | Secretary (Command Area Development) to Government, IrrigationDepartment | ex-officioMember; |
| (f) | Secretary to Government, Planning Department | ex-officioMember; |
| (g) | Secretary to Government, Finance Department | ex-officioMember; |
| (h) | Secretary (Forests) to Government, Revenue and ForestsDepartment | ex-officioMember; |
| (i) | Secretary (Relief and Rehabilitation) to Government, Revenueand Forests Department. | ex-officioMember; |
| (j) | Secretary to Government, Agriculture Department. | ex-officioMember; |
| (k) | three non-official members representing reputedand recognised financial institutions, to be nominated by theState Government; | |
| (l) | five member to be nominated by the StateGovernment, from amongst the members of the Maharashtra StateLegislative Assembly; | |
| (m) | three members to be nominated by the StateGovernment, from amongst; the members of the Maharashtra StateLegislative Council; | |
| (n) | two non-official qualified members to benominated by the State Government having graduation and specialknowledge and practical experience, one each from the field ofIrrigation and Finance, respectively; | |
| (o) | one officer not below the rank of Secretary toGovernment, from the cadre of the Engineering services of theIrrigation Department to be appointed by the State Government asthe Member-Secretary of the Corporation, who shall be designatedas the Executive Director of the Corporation. The ExecutiveDirector shall be entitled to take part in all the deliberationsand proceedings of the meetings of the Corporation but shall haveno right to vote. |
5. Executive Committee.
| (a) | Managing Director of the Corporation | Chairman |
| (b) | Executive Director of the Corporation | Member |
| (c) | Chief Engineer, Irrigation Department, Nagpur | Member |
| (d) | Chief Engineer, (Gosikhurd), Irrigation Department, Nagpur | Member |
| (e) | Chief Accounts and Finance Officer of the Corporation. | Member |
| (f) | Superintending Engineer of the Corporation | Member-Secretary. |
6. Disqualification for membership and removal of members.
7. Meetings of Corporation.
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 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.
10. Filling up of casual vacancy of member.
- Any vacancy of a member of the Corporation shall be filled as early as practicable, in like manner as if the appointment is being made for the first time.11. Act not to be invalidated by vacancy, informality, etc.
- No act done or proceedings taken under this Act by the Corporation or committee appointed by the Corporation shall be invalidated merely on the grounds of,-12. Officers and servants of Corporation.
13. Disqualification of all officers and staff.
- No person who has, directly or indirectly, by himself or by his partner or agent, any share or interest in any contract, by or on behalf of the Corporation or in any employment under, by or on behalf of the Corporation otherwise then as an officer or staff thereof, shall be qualified to be an officer or staff of the Corporation.14. Authentication of orders etc., of the Corporation.
- All proceedings of the Corporation shall be authenticated by the Chairman or Vice-Chairman and all orders and instruments of the Corporation, subject to overall control and direction by the Managing Director, shall be authenticated by the Executive Director or any other office of the Corporation as may be authorized 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 the Corporation.
16. Decision of the State Government on the vesting of property to be final.
- Where any doubt or dispute arises as to whether any property or assets has vested in the Corporation under section 15 or any rights, liabilities or obligation 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.
Chapter IV
Functions and Powers of Corporation
18. Functions of Corporation.
- The functions of the Corporation shall be,-19. General powers of the Corporation.
20. Water charges for supply of water for irrigation, industrial and domestic purpose.
- The Corporation shall, from time to time, determine and levy water charges according to volume for supply of 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 recovered shall be sufficient at least to cover the interest charges and repayment of the loan raised by the Corporation from the open market.21. Responsibility of Corporation for payment of interest on borrowed money.
- The Corporation shall pay the interest charges on the borrowed money through the recovery of water charges.22. Prohibition of construction of dam, bandhara, weir, etc., except with 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 prior approval of the Corporation:Provided that, the State Government or local authority may, construct and operate such dams, bandharas, etc., anywhere or across any river or basin within such area of operation or assign or handover such dam, bandhara, weir, etc., to the Corporation.23. Co-ordination with authorities to minimise inconvenience be caused by submerging.
- The Corporation shall keep 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 railways, lands and roads and communications and shall bear the cost of any re-alignment thereof or resettlement of any population rendered necessary by such submergence.24. Powers to be exercised by the Corporation under the Maharashtra Irrigation Act, 1976.
- Notwithstanding anything contained in the Maharashtra Irrigation Act, 1976 and the Bombay Canal Rules, 1934,-25. Powers of the State Government to issue directions.
- The State Government may issue to the Corporation such general or special directions as to policy or exercise of the powers or performance of the functions by the Corporation, excepting in respect of levying and recovery of water charges by the Corporation, as it may think necessary of expedient for carrying out 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.
- The State Government may, for carrying out the purposes of this Act, compulsorily acquire land under the Land Acquisition Act, 1894, and the acquisition of any land for any of the said purposes shall be deemed to be a public purpose within the meaning of that Act.27. Transfer of Government lands to Corporation.
28. Power of Corporation to dispose of land etc.
- Subject to any rules made by the State Government under this Act, the Corporation may retain, lease, sell, exchange or otherwise dispose of any land, any building or other property vested in it, in such manner as it thinks fit for carrying out the purposes of this Act.Chapter VI
Finance, Accounts and Audit
29. Application of Corporation'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.
31. Contribution of Government to Corporation Fund.
32. Grants, subventions, loans and advances to Corporation.
- The State Government may, after due to 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.33. Power of Corporation to borrow.
34. Acceptance of deposits by Corporation.
- The Corporation may accept deposits on such conditions as it deems fit from persons, authorities or institutions, 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 the 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 project shall be allocated between the two main objects, Irrigation Projects and Hydro-Electric Power Project as follows, namely:-38. Reserve and other funds.
39. Submission of budget to Corporation.
40. Sanction of budget estimates.
- The Corporation shall consider the budget estimates submitted, to it under section 39 and approve the same with or without modifications on or before such date as the State Government may, from time to time, determine.41. Government as Guarantor.
- The State Government may guarantee the repayment of any loans and payment of interest on all or any of the loans given or transferred to the Corporation.42. Disposal of profits and deficits.
43. 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.44. Depreciation Fund.
45. Apportionment of betterment charges levied by State Government.
- In the event of any betterment levy being imposed by the State Government, the apportionment, of proceeds thereof in so far as they are attributable to the operations of the Corporation, shall be credited to the Corporation.46. Financial Statement and programme of work.
47. Accounts and Audit.
48. Concurrent and special audit of accounts.
Chapter VII
Miscellaneous and Supplementary Provisions
49. Furnishing of annual reports and returns, etc.
50. Rehabilitation and resettlement of the project affected persons.
- The rehabilitation and resettlement of the persons affected due to the irrigation and the Hydro-Electric Power Project shall be carried out by the State Government in accordance with the provisions of the Maharashtra Project Affected Persons Rehabilitation Act, 1986.Provided that, all the expenditure required to be incurred by the State Government for the rehabilitation and the resettlement of persons affected by the irrigation and Hydro-Electric Power Project shall be borne by the Corporation.51. Execution of contracts etc.
- Every contract or assurance of property on behalf of the Corporation shall be in writing and executed by such authority or officer in such manner as may be provided by regulation.52. General penalty.
- Whoever contravenes the provisions of this Act or any rules or regulations made thereunder or fails to comply with any notice, order or requisition issued under this Act, shall on conviction be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.53. Power of entry.
- Any officer or servant of the Corporation generally or specially authorized by the Corporation may at all reasonable time enter upon any land or premises and do such things as may be necessary for the purpose of lawfully carrying out any of its work or of making any survey, examination or investigation preliminary or incidental to the exercise of powers or the performance of functions by the Corporation under this Act.54. Dues to be recovered as arrears of land revenue.
- All sums due or payable by any persons to the Corporation or recoverable by it on account of any charge, costs, expenses, fees, rent, compensation, or on any other account under this Act or any rules or regulation made thereunder or any agreement made with the Corporation and all charges or expenses incurred in connection therewith shall, without prejudice to any other mode of recovery, be recoverable as an arrears of land revenue.55. Service of notice, etc.
56. Public notice how to be made known.
- Every public notice, given under this Act or any rule or regulation made thereunder shall be in writing and under the signature of the officer concerned and shall be widely made known in the locality or in the farms or estates to be affected thereby by affixing copies thereof in conspicuous pubic places, within the said locality or the said farms or estates, or by publishing the same by beat or drum or by any other means that the officer may think fit.57. Notice period for performance.
- Where any notice, order or other document issued or made under this Act or any rule or regulation made thereunder required anything to be done for the doing of which no time is fixed in this Act or the rule or regulation, the notice, order or other document shall specify a reasonable period of time for doing the same or complying therewith.58. Default in performance of duty.
59. Offences by companies.
60. Authority for prosecution.
- Unless otherwise expressly provided, no court shall take congnisance of any offence relating to property belonging to or, vested by or under this Act in the Corporation, punishable under this Act except on the complaint of, or upon information received from the Corporation or some person authorised by the Corporation by general or special order in this behalf.61. Compounding of offences by Corporation.
62. Penalty for obstruction.
- Any person who obstructs the entry of a person authorised under section 53 to enter into or upon any land or building or molests such person after such entry or who obstructs the lawful exercise by him of any power conferred by or under this Act, shall, on conviction, be punished with imprisonment for a term which may extend to six moths, or with fine which may extend to one thousand rupees, or with both.63. Delegation of powers of Corporation.
- The Corporation may, through the Managing Director or the Corporation, with the previous approval of the State Government, delegate any of its powers under this Act to any officer of the State Government or to any of its officers and to permit them to redelegate specific powers to their subordinates, by general or special order in this behalf.64. Protection of action taken in good faith.
- No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act or rules or regulations made thereunder.65. Chairman, Vice-Chairman, Executive Director, Members and Officers etc., to be public servants.
- The Chairman, Vice-Chairman, Members, Managing Director, Executive Director and Officers and servants on deputation or of the Corporation, as the case may be, shall, while acting or purporting to act insurance of any of the provision of this Act or rules or regulation made thereunder, be deemed to be public servants within the meaning of section 21 of Indian Penal Code.66. Effect of provisions of Act inconsistent with other laws.
- The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law.67. Power to make rules.
68. Power to make regulations.
69. Power to remove doubts and difficulties.
- If any doubt or difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, make provision or give such direction, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for the removal of the doubt or difficulty:Provided that, no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.70. Dissolution of Corporation.
71. Repeal of Maharashtra Ordinary XI of 1997 and saving.
| Serial No. | Name of Project | Districts covered | |
| (1) | (2) | (3) | |
| Major Projects | |||
| 1 | Gosikhurd | . . | Bhandara, Chandrapur, Nagpur. |
| 2 | Dhapewada Stage I | . . | Bhandara |
| 3 | Lower Wardha | . . | Wardha |
| 4 | Human | . . | Chandrapur |
| 5 | Lower Wenna | . . | Nagpur, Wardha |
| 6 | Upper Wardha | . . | Amravati, Wardha |
| 7 | Bembla | . . | Yeotmal |
| 8 | Wan | . . | Buldhana, Akola |
| 9 | Khadakpurna | . . | Buldhana |
| 10 | Tultuli | . . | Gadchiroli |
| 11 | Arunawati | . . | Yeotmal |
| 12 | Bavanthadi | . . | Bhandara |
| 13 | Lower Penganga | . . | Yeotmal |
| 14 | Jeegaon | . . | Buldhana |
| Medium Projects | |||
| 1 | Chennanadi | . . | Gadchiroli |
| 2 | Karvappanala | . . | Gadchiroli |
| 3 | Dongargaon | . . | Chandrapur |
| 4 | Pakadiguddam | . . | Chandrapur |
| 5 | Wagholibutti | . . | Chandrapur |
| 6 | Sonaputomta | . . | Chandrapur |
| 7 | Jam | . . | Nagpur |
| 8 | Kar | . . | Nagpur |
| 9 | Sayaki | . . | Nagpur |
| 10 | Pendhari | . . | Nagpur |
| 11 | Dham | . . | Wardha |
| 12 | Lalnalla | . . | Wardha |
| 13 | Madan | . . | Wardha |
| 14 | Umanzari | . . | Bhandara |
| 15 | Sondyatola | . . | Bhandara |
| 16 | Lower Chulband | . . | Bhandara |
| 17 | Katangi | . . | Bhandara |
| 18 | Karanjkheda | . . | Bhandara |
| 19 | Kalpathari | . . | Bhandara |
| 20 | Chandrabhaga | . . | Amravati |
| 21 | Purna | . . | Amravati |
| 22 | Narangaon | . . | Yeotmal |
| 23 | Pentakli | . . | Buldhana |
| 24 | Utavali | . . | Buldhana |
| 25 | Mun | . . | Buldhana |
| 26 | Torna | . . | Buldhana |
| 27 | Adan (Pimpri) | . . | Akola |
| Minor Irrigation Projects | |||
| 1 | Brambanwada | . . | Buldhana |
| 2 | Dhorapgaon | . . | Buldhana |
| 3 | Karai | . . | Buldhana |
| 4 | Masrul | . . | Buldhana |
| 5 | Sawakhedbhoi | . . | Buldhana |
| 6 | Vidrupa | . . | Buldhana |
| 7 | Vyaghranala | . . | Buldhana |
| 8 | Adol | . . | Akola |
| 9 | Mohagavhan | . . | Akola |
| 10 | Netansa | . . | Akola |
| 11 | Popatkheda | . . | Akola |
| 12 | Shivan (Khurd) | . . | Akola |
| 13 | Upper Morna | . . | Akola |
| 14 | Vishwamitri | . . | Akola |
| 15 | Asoli | . . | Bhandara |
| 16 | Bandarchuha | . . | Bhandara |
| 17 | Bhimalkasa | . . | Bhandara |
| 18 | Naratola | . . | Bhandara |
| 19 | Nimgaon | . . | Bhandara |
| 20 | Polandur | . . | Bhandara |
| 21 | Satbahini | . . | Bhandara |
| 22 | Sundari | . . | Bhandara |
| 23 | Upasiyanala | . . | Bhandara |
| 24 | Murdoli | . . | Bhandara |
| 25 | Mindkepar | . . | Bhandara |
| 26 | Wartola | . . | Bhandara |
| 27 | Owara | . . | Bhandara |
| 28 | Bhasboran | . . | Chandrapur |
| 29 | Jamkhurd | . . | Chandrapur |
| 30 | Bhadganala | . . | Chandrapur |
| 31 | Khumarinala | . . | Nagpur |
| 32 | Undrinala | . . | Nagpur |
| 33 | Chikhalinala | . . | Nagpur |
| 34 | Jawali | . . | Nagpur |
| 35 | Swanginala | . . | Nagpur |
| 36 | Shirsinala | . . | Nagpur |
| 37 | Thana | . . | Nagpur |
| 38 | Sukali | . . | Wardha |
| 39 | Duminala | . . | Gadchiroli |
| 40 | Durkan Gudara | . . | Gadchiroli |
| 41 | Gogaon | . . | Gadchiroli |
| 42 | Regadi Vikaspalli larger | . . | Gadchiroli |
| 43 | Chargad | . . | Amravati |
| 44 | Kherkund | . . | Amravati |
| 45 | Khemkkunda | . . | Yeotmal |
| 46 | Manjara | . . | Yeotmal |
| 47 | Amdapur | . . | Yeotmal |
| 48 | Jambnalla | . . | Yeotmal |
| 49 | Kumbharkini | . . | Yeotmal |
| 50 | Ner | . . | Yeotmal |
| 51 | Pimpalgaon | . . | Yeotmal |
| 52 | Shirasgaon | . . | Yeotmal |
| 53 | Wardh | . . | Yeotmal |
| 54 | Warud | . . | Yeotmal |
| 55 | Wai | . . | Yeotmal |