Chapter II ESTABLISHMENT, CONDUCT OF BUSINESS AND EMPLOYEES OF THE CORPORATION

1. (1) The State Government shall, by notification in the Official Gazette establish, for the purpose of this Act, a Corporation to be called the Godawari Marathwada Irrigation Development Corporation.
2. (2) The Corporation established under sub-section (1) shall be a body corporate having perpetual succession and a common seal, with power to contract, acquire, hold and dispose of property, both movable and immovable, and to do all things necessary for the purposes of this Act, and may sue and be sued by its corporate name.
3. (3) The head office of the Corporation shall be at Aurangabad.

1. (1) The Corporation shall consist of the following members, namely :-
   • (a) the Minister for Irrigation . . . . ex-officio Chairperson;(b) two non-official members to be appointed by the State Government. . .Vice-Chairpersons;(c) the Chief Secretary to Government . .ex-officio Vice-Chairperson;(d) Secretary to Government, Irrigation Department ex-officio Managing Director;(e) Secretary to Government, Irrigation Department (Command Area Development).ex-officio Member;(f) Secretary to Government, Finance Departmentex-officio Member;(g) Secretary to Government, Planning Departmentex-officio Member;(h) Secretary to Government, Revenue and Forests Department (Forests).ex-officio Member;(i) Secretary to Government, Revenue and Forests Department (Relief and Rehabilitation).ex-officio Member;(j) Secretary to Government, Agriculture Departmentex-officio Member;
   • (k) Seven members to be nominated by the State Government, from amongst the members of the Maharashtra State Legislative Assembly elected from the Assembly constituencies in Nashik and Ahmednagar Districts Marathwada region.
   • (l) two members to be nominated by the State Government, from amongst the members of the Maharashtra State Legislative Council from Nashik and Ahemednagar Districts and Marathwada region.
   • (m) one officer not below the rank of Secretary to Government, from the cadre of the Engineering Services of the Irrigation Department to be appointed by the State Government as the Member-Secretary of the Corporation who shall be Designated as the Executive Director of the Corporation. The Executive Director shall be entitled to take part in all the deliberations and proceedings of the meetings of the corporation but shall have no right to vote.
2. (2) The term of office of the nominated members shall be for a period of one year unless terminated earlier by the State Government: Provided that, the members of the Maharashtra State Legislature shall cease to be the members of the Corporation if they cease to be members of the Maharashtra State Legislature.
3. (3) The non-official members of the Corporation nominated under clause (b) of sub-section (1) shall receive such remuneration and allowances as may be laid down by regulations.
4. (4) The official members of the Corporation shall receive such compensatory allowances, for the purpose of meeting the personal expenditure in attending the meetings of the Corporation, as may be laid down by regulations.

1. (1) There shall be an Executive Committee consisting of the following members, namely :-
   • (a) Managing Director of the Corporation . . Chairperson;(b) Executive Director of the Corporation . .Member;(c) Chief Engineer, Irrigation Department, Aurangabad . . Member;(d) Chief Engineer (Command Area Development), Aurangabad . . Member;(e) Chief Accounts and Finance Officer of the Corporation . . Member;(f) Superintending Engineer of the Corporation . . Member-Secretary.
2. (2) The powers, functions and duties of the Executive Committee shall be such as may be laid down by regulations.

1. (1) A person shall be disqualified for being nominated as a non-official member or continue to be such member, if he,-
   • (a) is an employee of the Corporation, except the Executive Director;
   • (b) is of unsound mind, and stands so declared by a competent Court;
   • (c) is an undischarged insolvent;
   • (d) is convicted for an offence involving moral turpitude;
   • (e) has, directly or indirectly by himself or by any partner, employer or employee, any share or interest, whether pecuniary or of any other nature, in any contract or employment with, by or on behalf of, the Corporation; or
   • (f) is a Director, Secretary, Manager or other office of any Company, which has any share or interest in any contract or employment with, by or on behalf of the Corporation: Provided that, a person shall not be disqualified under clause (e) or clause (f) by reason only of his or the Company of which he is a Director, Secretary, Manager or other officer, having a share or interest in-
     • (i) any sale, purchase, lease or exchange of immovable property or any agreement for the same;
     • (ii) any agreement for loan of money or any security for payment of money only;
     • (iii) any newspaper in which any advertisement relating to the affairs of the Corporation is published.
2. (2) The State Government may remove from the Corporation any non-official member nominated by it, who in its opinion,-
   • (a) has been disqualified under sub-section (1);
   • (b) refuses to act;
   • (c) has so abused his position as a member as to render his continuance on the Corporation detrimental to the interest of the public; or
   • (d) is otherwise unsuitable to continue as member.
3. (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. (4) A member who has been so removed under sub-section (3) shall not be eligible for reappointment as member or in any other capacity on the Corporation.

1. (1) The Corporation shall meet at such times and places as the Chairperson may decide and shall, subject to the provisions of sub-section (3), observe such rules of procedure in regard to the transaction of business at its meetings (including quorum thereof) as may be laid down by regulations: Provided that, at least one meeting shall be held in every calendar month in such manner so as to ensure that not more than thirty days intervene between the two meetings.
2. (2) The Chairperson or, in his absence, such of the Vice-Chairpersons appointed under clause (b) of sub-section (1) of section 4, if both are the members of the State Legislature; as may be predetermined by the Chairperson by an order, shall preside over the meeting of the Corporation; and in the absence of all the three, the Chief Secretary to Government, being the ex-officio Vice-Chairperson shall preside over such meeting: Provided that, if the Vice-Chairpersons appointed under clause (b) of sub-section (1) of section 4 are persons other than the members of the State Legislature, the Chief Secretary as the ex-officio Vice-Chairperson shall, in the absence of the Chairperson, preside over the meeting and in absence of the Chief Secretary, such of the other Vice-Chairpersons, as may be predetermined by the Chairperson by an order, shall preside over such meeting: Provided further that, if for any reason the Chairperson and the Vice-Chairpersons are unable to attend any meeting, the meeting shall stand adjourned.
3. (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.

The Corporation may, from time to time, constitute committee or committees out of its members consisting of such number of them as it may think proper and may delegate to such committee or committees such powers of the Corporation as it may deem fit for carrying out the purposes of this Act.

1. (1) The Corporation or any of its committees may invite any officer of the Central Government, State Government, local authority or any organisation or any person to attend its meeting or meetings as a special invitee for the purpose of assisting or advising it on any matter or matters. The officer or person so invited may take part in the proceedings, but shall have no right to vote.
2. (2) The officer or person so invited shall be entitled to drawn such honorarium or compensatory allowance for the purpose of meeting the personal expenditure in attending the meetings of the Corporation or any of its committees as the Corporation may determine, from time to time.

Any vacancy of a member of the Corporation shall be filled as early as practicable, in like manner as if the appointment were being made for the first time.

No act done or proceedings taken under this Act by the Corporation or any committee appointed by the Corporation shall be invalidated merely on the grounds of,-

1. (a) any vacancy of a member or any defect in the constitution or reconstitution of the Corporation or a committee thereof; or
2. (b) any defect or irregularity in the appointment of a person as a member of the Corporation or of a committee thereof; or
3. (c) any defect or irregularity in such act or proceedings, not affecting the substance.

1. (1) The State Government shall appoint Executive Director as provided in sub-section (1) of section 4, Superintending Engineer and Chief Accounts and Finance Officer not below the rank of Director from the Maharashtra Finance and Accounts Service, for the Corporation.
2. (2) The Corporation may, with the prior approval of the State Government appoint such other officers and servants subordinate to the officers mentioned in sub-section (1), as it considers necessary for the efficient performance of its duties and functions.
3. (3) The conditions of appointment and service of the officers and servants and their scales of pay shall,-
   • (a) as regards the officers mentioned in sub-section (1), be such as may be prescribed; and
   • (b) as regards the officers and servants mentioned in sub-section (2), be such as may be laid down, from time to time, by regulations.
4. (4) Subject to the superintendence of the Corporation, and the overall control on the activities of the Corporation, the Managing Director shall supervise and control all its officers and employees including any officers of Government appointed on deputation to the Corporation.

No person who has, directly of indirectly, by himself or by his partner, or agent, any share or interest in any contract, by or on behalf of the Corporation or in any employment under, by or on behalf of the Corporation otherwise than as an officer or staff thereof, shall be qualified to be an officer or staff of the Corporation.

All proceedings of the Corporation shall be authenticated by the Chairperson or Vice-Chairperson and all orders and instruments of the Corporation shall be authenticated by the Managing Director and the Executive Director or any other officer of the Corporation as may be authorised in this behalf by regulations.