Chapter IV FUNCTIONS AND POWERS OF CORPORATION

The functions of the Corporation shall be-

1. (a) to promote and operate,-
   • (i) the irrigation projects mentioned in the schedule and command area development including flood control; and
   • (ii) some schemes for the generation of hydro-electrical energy;
2. (b) to plan, investigate, design, construct and manage those irrigation project and their command area development 1[and to help drip irrigation schemes through the Agriculture Department of Government];
3. (c) to plan, investigate, design, construct and manage the schemes of the generation of hydroelectrical energy;
4. (d) to enter into contracts in respect of the works and any other matters transferred to the Corporation along with assets and liabilities under this Act;
5. (e) to invite tenders, bids, offers and enter into contracts for the purposes of all the activities of the Corporation;
6. (f) to promote participation of any person or body or association of individuals whether incorporated of not, in planning, investigation, designing, construction and management of irrigation projects, and command area development and Hydro-Electric Power Projects including flood control;
7. (g) to undertake schemes or works either jointly with other corporate bodies, or institutions or with Government or local authorities, or on agency basis in furtherance of the purposes for which the Corporation is established and all matters connected therewith ;
8. (h) to promote irrigation related activities such as fisheries, pisciculture, floriculture, sericulture, tissueculture, etc.;
   • (i) to promote tourism, water sports and other related activities on and around the Irrigation and Hydro-Electric Power Projects;
9. (j) to develop the land around or nearby lake and in other suitable locations with irrigation facilities and other infrastructure facilities and lease part or whole of such developed properties to the interested parties;
10. (k) to prepare annual plan and five year working development plan;
11. (l) to prepare annual budget;
12. (m) to undertake or delete any other project and other activities entrusted by the State Government in furtherance of the objectives for which the Corporation is established.

1. (1) The Corporation shall have the power to accord technical sanction, acceptance of all tenders, sanctioning 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. (2) Without prejudice to the generality of the foregoing provisions, such power shall include power,-
   • (a) to acquire and hold property, both movable and immovable as the Corporation may deem necessary for the performance of any of its functions, duties, activities and to lease, sell, exchange or otherwise transfer any property held by it on such conditions as may be deemed proper by the Corporation;
   • (b) to construct or cause to be constructed such dams, barrages, reservoirs, power houses, power structures, electrical transmission lines and sub-stations, navigation works, irrigation, flood control and drainage canals and such other works and structures as may be required;
   • (c) to take measures to prevent pollution of any water under its control and to take all measures deemed necessary to prevent discharges into such water of effluents which are harmful to water-supply, irrigation, public health or fish life;
   • (d) to stock its reservoirs or water courses with fish and to sell fish or fishing rights and prohibit taking out fish from the water under its control;
   • (e) to assist in the establishment of water users' association and other organisations formed under the Maharashtra Co-operative Societies Act, 1961 (Mah. XXIV of 1961) for the better use of facilities made available by the Corporation;
   • (f) to lease rights for water sports, other recreational activities related to the use of reservoir and its surroundings and reservoir water;
   • (g) to establish, maintain and operate laboratories, experimental and research stations and farms for conducting experiments and research for,-
     • (i) utilising the water, electrical, energy and other resources in the most economical manner for the development of the river valleys in Konkan region;
     • (ii) determining the effect of its operations on the flow conditions in the rivers and their tributaries in Konkan region;
     • (iii) providing navigation condition in the rivers and their tributaries in Konkan region;
   • (h) to engage suitable qualified 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 including making interest bearing monetary advances to the contractors executing works on the projects of the Corporation and perform such acts as may be necessary for, or incidental or conducive to any matters which are necessary for furtherance of the objectives for which the Corporation is established.

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 user’ associations: Provided that, the levy of water charges shall be such that water charges so recovered shall be sufficient to cover at least the interest charges and repayment of the loan raised by the Corporation from the open market.

The Corporation shall pay the interest charges on the borrowed money through the recovery of water charges.

No person shall construct, operate or maintain within the area of operation of the Corporation any dam, bandhara or weir or other work or any installation for the extraction of surface water without the prior approval of the Corporation: 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 hand over such dam, bandhara, weir, etc. to the Corporation.

The Corporation shall keep co-ordination with the State Government, Railway Authorities, local authorities and other 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.

Notwithstanding anything contained in the Maharashtra Irrigation Act, 1976 (Mah. XXXVIII of 1976) and the Bombay Canal Rules, 1934,-

1. (a) the Corporation may carry out all or any of the functions and exercise all or any of the powers of the State Government or the appropriate authority, and
2. (b) any officer of the Corporation authorised in this behalf by the Corporation may carry out all or any of the functions and exercise all or any of the powers of the Canal Officer, under the provisions of the said Act and the rules, within the area of operation of the Corporation.

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 or expedient for carrying out the purposes of this Act and the Corporation shall be bound to follow and act upon such directions.