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 purposes of this Act, a Corporation to be called the Maharashtra Water Conservation Corporation.
2. (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 this 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. (3) The Head Office of the Corporation shall be at Aurangabad.

1. (1) The Corporation shall consist of the following members, namely :- (a)Minister for Water ConservationEx Officio Chairman;(b)Minister of State for Water ConservationEx Officio Vice-Chairman;1[(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 AgricultureEx Officio Member;(d)Minister for IrrigationEx Officio Member;(e)Secretary to Government, Finance DepartmentEx Officio Member;(f)Secretary to Government, Planning DepartmentEx Officio Member;(g)Secretary to Government, Forests DepartmentEx Officio Member;(h)Secretary to Government, Agriculture DepartmentEx Officio Member;(i)Secretary to Government, Irrigation DepartmentEx 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 DirectorEx Officio Member;
   • (o) five members, 2[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; 3[(q) two members to be nominated by the State Government having special knowledge an 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. (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 shall, at any time, be exercised, performed and discharged by the ex officio members, who are for the time being holding offices specified in 4[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.
3. (3) Appointments made, from time to time, as members under clauses 5[(b-1)], (o), (p), (q), (r) and (s) of sub-section (1) shall be published in the Official Gazette.
4. (4) The Members of the Corporation nominated under clauses 6[(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.

1. (1) There shall be an Executive Committee 1[consisting of the Chairman of the Corporation as the Chairperson, the Vice-Chairmen of the Corporation as the Vice-Chairpersons and the following members], namely :- (a)Managing Director of the Corporation2[Member-Secretary];(b)3[Additional Commissioner (Water Conservation)] Member;(c)4[Additional Commissioner (Soil Conservation)]Member;(d)Director, Social Forestry, PuneMember;(e)Chief Accounts and Audit Officer of the Corporation.Member;
2. (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. (3) The powers, functions and duties of the Executive Committee shall be such as laid down by regulations.

1. (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, Manager 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 company 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;
     • (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 thousand rupees in one year of any article in which he or the company regularly trades.
2. (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. (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 re-appointment as a member or in any other capacity on the Corporation.

1. (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.
2. (3) The members may be eligible for re-appointment.
3. (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.

1. (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. 1[(2) The Chairman shall preside over every meeting of the Corporation. In the 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 nominated 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.]
2. (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. (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 information, but no member so required to be present shall vote on any such contract, loan, arrangement or proposal.
2. (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. (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.

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.

1. (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. (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.

Any vacancy of member of the Corporation shall be filled as early as practicable, in like manner as if the appointment was 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 Committee thereof; or
2. (b) any defect or irregularity in the appointment as a member of the Corporation or of a Committee thereof;
3. (c) any defect or irregularity in such act or proceedings, not affecting the substance.

1. (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.
2. (b) The conditions of appointment of the Officers and Servants may be laid down from time to time, by regulations.
3. (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.