Chapter VII MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS

1. (1) The Corporation shall prepare and submit to the State Government, in such form as may be prescribed, an annual report within six months after the end of every financial year of its activities during the previous financial year with particular reference to,-
   • (a) irrigation, command area development and flood control,
   • (b) water supply,
   • (c) hydroelectrical energy,
   • (d) recreation facilities,
   • (e) use of lands,
   • (f) resettlement of displaced persons, and
   • (g) other activities of the Corporation.
2. (2) The Corporation shall also furnish to the State Government such returns, statistics, reports, accounts and other information with respect to its conduct of affairs, properties or activities or in regard to any proposed work or scheme as the State Government may, from time to time, require.

The rehabilitation and resettlement of the persons affected due to the irrigation and the Hydro-Electric Power Projects shall be carried out by the State Government in accordance with the provisions of 1the Maharashtra Project Affected Persons Rehabilitation Act, 1986 (Mah. XXXII of 1989) : 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.

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 regulations.

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.

Any officer or servant of the Corporation generally or specially authorised 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 of incidental to the exercise of powers or the performance of functions by the Corporation under this Act.

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.

1. (1) All notices, orders and other documents required by this Act or any rules or regulations made thereunder to be served upon any person shall, save as otherwise provided in this Act or such rules or regulations, be deemed to be duly served,-
   • (a) where a person to be served is a company, the service is effected in accordance with the provisions of section 51 of 1the Companies Act, 1956 (I of 1956) ;
   • (b) where the person to be served is a firm, if the document is addressed to the firm at its principal place of business, identifying it by the name and style under which its business is carried on and is either,-
     • (i) sent under a certificate of posting or by registered post ; or
     • (ii) left at that said place of business ;
   • (c) where the person to be served is a statutory public body or Corporation or a Society or other body, if the document is a addressed to the Secretary, Treasurer or other head officer of that body, Corporation or Society at its principal office, and is either,-
     • (i) sent under a certificate of posting or by registered post ; or
     • (ii) left at that office ;
   • (d) in any other case, if the document is addressed to the person to be served and,-
     • (i) is given or tendered to him ; or
     • (ii) if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building to which it relates ; or
     • (iii) is sent under a certificate of posting or by registered post to that person.
2. (2) Any document which is required or authorised to be served on the owner or occupier of any land or building may be addressed to the owner or the occupier, as the case may be, of that land or building (naming that land or building), name or description, and shall be deemed to be duly served,-
   • (a) if the document so addressed is sent or delivered in accordance with clause (d) of sub-section (1) ; or
   • (b) if the document so addressed or a copy thereof so addressed is given or tendered to some person on the land or building of, where there is no person on the land or building to whom it can be delivered, is affixed to some conspicuous part of the land or building.
3. (3) Where a document is served on the firm in accordance with this section, the document shall be deemed to be served on each partner.
4. (4) For the purpose of enabling any document to be served on the owner of any property, the occupier (if any) of the property may be required by notice in writing by the State Government or the Corporation, as the case may be, to state the name and address of the owner thereof.

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 public places, within the said locality or the said farms or estates, or by publishing the same by beat of drum or by any other means that the officer may think fit.

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.

1. (1) If the State Government is of the opinion that the Corporation has made a default in the performance of any duty or obligation imposed or cast on it by or under this Act, the State Government may fix a period for the performance of that duty or obligation and give notice to the Corporation accordingly.
2. (2) If, the Corporation fails or neglects to perform such duty or obligation within the period so fixed for its performance, it shall be lawful for the State Government, to supersede and reconstitute the Corporation as it deems fit.
3. (3) After the supersession of the Corporation and until it is reconstituted in the manner laid down in Chapter II, the powers, duties and functions of the Corporation under this Act shall be carried on by the State Government or by such officer or officers or body of officers as the State Government may appoint for this purpose, from time to time.
4. (4) All property vested in the Corporation shall, during the period of such supersession, vest in the State Government.

1. (1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly : Provided that, nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercise all due diligence to prevent the commission of such offence.
2. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall liable to be proceeded against and punished accordingly. Explanation.- For the purpose of this section,-
   • (a) "company" means a body corporate and includes a firm, association of persons or body of individuals whether incorporated or not, and
   • (b) "director", in relation to a firm, means a partner in the firms, and in relation to any association of persons or body of individuals, means any member controlling the affairs thereof.

Unless otherwise expressly provided, no Court shall take cognizance 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.

1. (1) The Corporation or any person authorised by the Corporation by general or special order in this behalf may, either before or after the institution of the proceedings, compound any offence made punishable by or under this Act.
2. (2) Where an offence has been compounded the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence compounded.

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 months, or with fine which may extend to one thousand rupees, or with both.

The Corporation may, through the Managing Director of the Corporation, with the previous approval of the State Government, delegate of 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.

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, 1[the three Vice-Chairmen], Executive Director, Members and Officers, etc., to be public servants. The Chairman, 2[the three Vice-Chairmen], Members, Managing Director, Executive Director and Officers and servants on deputation of the Corporation, as the case may be, shall, while acting or purporting to act in pursuance of any of the provisions of this Act or rules or regulation made thereunder, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (XLV of 1860).

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law.

1. (1) The State Government may, by notification in the Official Gazette, make rules, to carry out the purposes of this Act.
2. (2) All rules made under this Act shall be subject to the condition of previous publication.
3. (3) Every rule made under this Act shall be laid, as soon as may be, after it is made, before each House of the Legislature, while it is in session for a total period of thirty days, which may be comprised in one session or in two successive sessions, and if, before expiry of the session in which it is so laid or the session immediately following, both the Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, and notify their decision to that effect in the Official Gazette, the rule shall, from the date of publication of such decision in the Official Gazette, have effect only in such modified form or be of no effect, as the case may be, so however that, any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

1. (1) The Corporation may, with the previous approval of the State Government, make regulations consistent with this Act and the rules made thereunder for all or any of the matters to be provided under this Act by regulations and generally for all other matters for which provision is, in the opinion of the Corporation, necessary for the exercise of its powers and the discharge of its functions under this Act.
2. (2) Pending making of the regulations by the Corporation with the approval of the State Government, the rules and procedures followed by the Irrigation Department shall, mutatis mutandis, be followed by the Corporation for carrying out its functions.

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.

1. (1) Where the State Government is satisfied that the purposes for which the Corporation was established under this Act have been substantially achieved so as to render the continued existence of the Corporation, in the opinion of the State Government, unnecessary, the Government may, by notification in the Official Gazette, declare that the Corporation shall stand dissolved with effect from such date as may be specified in the notification, and the Corporation shall be deemed to be dissolved accordingly and upon such dissolution the members (including the Chairman and the Vice-Chairman) shall vacate their respective offices.
2. (2) From the said date-
   • (a) all properties, funds and dues which are vested in, or realisable by, the Corporation shall vest in, or be realisable by, the State Government ;
   • (b) all liabilities which are enforceable against the Corporation shall be enforceable against the State Government.

1. (1) The Vidarbha Irrigation Development Corporation Ordinance, 1997 (Mah. Ord. XI of 1997) is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken (including any notification issued or nomination, appointment or rules made) under the said Ordinance shall be deemed to have been done, taken, issued or made, as the case may be, under the corresponding provisions of this Act.