Chapter II MAHARASHTRA WATER RESOURCES REGULATORY AUTHORITY

1. (1) The State Government shall within three months from the date of commencement of this Act, by notification in the Official Gazette, establish an Authority to be known as the Maharashtra Water Resources Regulatory Authority to exercise the powers conferred on, and to perform the functions and duties assigned to it, under this Act.
2. (2) The Authority established under sub-section (1) shall be a body corporate by the name aforesaid, 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 or be sued by its corporate name.
3. (3) The head office of the Authority shall be at Mumbai; 1[Provided that, the State Government may, by notification in the Official Gazette, declare that the head office of the Authority shall be at such other place as mentioned in the said notification.] 2[(4) The Authority shall consist of a Chairperson and four other Members.]
4. (5) The Chairperson and the other Members of the Authority shall be appointed by the Governor of Maharashtra on the recommendation of the Selection Committee constituted under section 5.

1[3A. Power to appoint Committee to perform powers, etc., of Authority during intervening period when Authority is not reconstituted.- Notwithstanding anything contained in this Act, when the Authority cannot be reconstituted under sub-section (5) of section 3, for whatsoever reason, the powers, functions and duties of the Authority may be exercised, performed and discharged by a Committee, to be appointed by the Government, by notification in the Official Gazette, consisting of persons holding the post of the Additional Chief Secretary or equivalent thereto, who shall act as a Chairperson and the Secretary (Water Resources Management and Command Area Development), Water Resources Department and Principal Secretary/Secretary, Finance Department, who shall act as Members thereof; and the said Committee shall cease to exercise the powers, perform the functions and discharge the duties of the Authority after expiry of a period of six months or when the Authority is duly reconstituted, whichever is earlier.]

1[4. Qualifications for Chairperson, other Members and Special Invitees of Authority.- (1) The Chairperson, the Members and Special Invitees of the Authority shall be appointed as follows :-

1. (a) The Chairperson shall be a person who is or who was the Officer of the State Government of the Rank of Chief Secretary to the State Government or equivalent thereto or Retired High Court Judge;
2. (b) One Member shall be expert from the field of water resources engineering;
3. (c) One Member shall be expert from the field of economics;
4. (d) One Member shall be expert from the field of groundwater management;
5. (e) One Member shall be expert from the field of law; and
6. (f) Five Special Invitees as may be prescribed shall be, one from each River Basin Agency area, having adequate knowledge, experience or proven capacity in dealing with the problems relating to water resources engineering, agriculture, ecology and environment, drinking water, industry, law, economics, commerce, finance or management for assisting the Authority : Provided that, at least one Special Invitee shall be a woman : Provided further that, no two Special Invitees shall be from the same field or group of fields.

1. (2) (a) The Chairperson of the Authority shall be the person of ability, integrity and standing.
   • (b) The Members of the Authority shall be persons of ability, integrity and standing who have adequate knowledge of, experience in, and proven capacity in, dealing with problems relating to their respective fields : Provided that, the Members and experts mentioned in clauses (b) to (f) of sub-section (1) of section 4 shall have minimum educational qualification of bachelor's degree of any recognized university or institute and experience of not less than twenty years with proven track record in their respective fields.
2. (3) The Chairperson or any other Member of the Authority shall not hold any other office of profit.
3. (4) No person shall be appointed as the Chairperson or other Member, if he has attained the age of sixty-seven years.]

1[5. Constitution and Functions of Selection Committee.- (1) The State Government shall, by notification in the Official Gazette, for the purposes of sub-section (5) of section 3, constitute a Selection Committee, for appointment of the Chairperson and Members consisting of,- (a)The Chief Secretary....Ex-officio President.(b)The Secretary, Water Supply and Sanitation Department....Ex-officio Member.(c)The Secretary (WRM and CAD), Water Resources Department....Ex-officio Member.(d)The Director, Indian Institute of Technology, Mumbai....Ex-officio Member.(e)One person nominated by the Government from an eminent institute.... Member.(f)The Secretary (WRP and D), Water Resources Department....Ex-officio Member-Secretary.]

1. (2) The Government shall, within one month from the date of occurrence of any vacancy by reason of death, resignation or removal of the Chairperson or any Member, and six months before the superannuation or end of tenure of Chairperson or any Member, make a reference to the Selection Committee for filling up of the vacancy.
2. (3) The Selection Committee shall finalise the selection of the Chairperson and Members within one month from the date on which the reference is made to it under sub-section (2).
3. (4) The Selection Committee shall recommend a panel of two names for every vacancy referred to it.
4. (5) Before recommending any person for appointment as the Chairperson or other Member of the Authority, the Selection Committee shall satisfy itself that such person does not have any financial or other interest which is likely to affect prejudicially his functions as a Member.
5. (6) No appointment of the Chairperson or other Member shall be invalid merely by reason of any vacancy in the Selection Committee. 2[(7) All relevant details of the complete selection process and its outcome for filling up of the vacancy of the Chairperson and other Members, shall be published on the website of the Water Resources Department.]

1[(1) The Chairperson and other Members shall hold office for a term of three years from the date on which he enters upon his office : Provided that, the Chairperson or the other Member may, on the recommendations of the Selection Committee constituted under sub-section (1) of section 5, be re-appointed but for not more than two consecutive terms : Provided further that, no Chairperson or other Member shall hold office after he has attained the age of seventy years.]

1. (2) The salary and allowances payable to and the other terms and conditions of service of the Chairperson and other Members shall be such as may be prescribed.
2. (3) The salary and allowances and other conditions of service of the Chairperson and other Members shall not be varied to their disadvantage after appointment.
3. (4) The Chairperson and every Member shall before entering upon his office make and subscribe to an oath of office and of secrecy in such form and in such manner and before such authority as may be prescribed.
4. (5) Notwithstanding anything contained in sub-section (1), the Chairperson or any Member may,-
   • (a) relinquish his office by giving in writing to the Governor notice of not less than three months; or
   • (b) be removed from his office in accordance with the provisions of section 7.
5. (6) The Chairperson or any Member ceasing to hold office as such shall,-
   • (a) not be eligible for further employment under the Government of Maharashtra for a period of two years from the date he ceases to hold such office;
   • (b) not accept any commercial employment for a period of two years from the date he ceases to hold such office. Explanation.- For the purposes of this sub-section,-
     • (i) "employment under the Government" includes, employment under any local or other authority within the territory of Maharashtra or under the control of the Government or under any corporation or society owned or controlled by the Government.
     • (ii) "commercial employment" means employment in any capacity under, or agency of, a person engaged in trading, commercial, industrial or financial business in the Water Resources Sector and also includes a director of a company or partner of a firm and also includes setting up practice either independently or as partner of a firm or as an advisor or a consultant.

1. (1) Subject to the provisions of sub-section (3), any Member of the Authority shall be removed from his office by order of the Governor on the ground of proved misbehaviour after the State Government, has, on an inquiry, held in accordance with the procedure prescribed in this behalf, reported that the Member, ought on any such ground to be removed.
2. (2) The Governor may, during the period of inquiry as specified in sub-section (1), against any Member, suspend such Member of the Authority.
3. (3) Notwithstanding anything contained in sub-section (1), the Governor may, by order, remove from office, the Chairperson or any other Member, if the Chairperson or such other Member, as the case may be-
   • (a) has been adjudged as insolvent; or
   • (b) has been convicted of an offence which, in the opinion of the Government involves moral turpitude; or
   • (c) has become physically or mentally incapable of acting as Chairperson or Member; or
   • (d) has acquired such financial or other interest as is likely to affect prejudicially his function as the Chairperson or Member; or
   • (e) has so abused his position as to render his continuance in office prejudicial to the public interest.
4. (4) Notwithstanding anything contained in sub-section (3), no Member shall be removed from his office on the ground specified in clause (d) or clause (e), unless the Government has, on an inquiry, held by it in accordance with such procedure as prescribed in this behalf by the Government reported that the Member ought on such ground or grounds to be removed.

1. (1) The Authority may, appoint a Secretary to exercise such powers and perform such duties under the control of the Chairperson and as may be specified by regulations.
2. (2) The Authority may, with the prior approval of the Government, appoint such number of officers and employees as it considers necessary for the performance of its duties and functions.
3. (3) The salaries and allowances payable to, and other conditions of service of the Secretary, officers and employees shall be such as may be determined by regulations.
4. (4) The Government may, in consultation with the Authority, appoint any Government officer or employee on deputation to the Authority.
5. (5) The period of deputation of any such officer or employee to the Authority shall be five years except when any such person is required to be repatriated on the grounds, such as promotion, reversion, termination or superannuation or any other reason of deputation, he shall stand repatriated to service under the State Government: Provided that, during the period of such deputation all matters relating to the pay, leave, allowances, retirement, pension, provident fund and other conditions of service of the employees on deputation shall be regulated by the Maharashtra Civil Services Rules or such other rules as may, from time to time, be made by the State Government.
6. (6) No officer or employee on deputation to the Authority shall be entitled to any deputation allowance.
7. (7) The salaries and allowances of officers or employees on deputation to the Authority shall be paid by the Authority.
8. (8) Save as otherwise provided in this section, the terms and conditions of services of employees on deputation to the Authority shall not be less advantageous than those applicable to them immediately before deputation and shall not be varied to their disadvantage except with the previous sanction of the State Government.
9. (9) The Authority may appoint consultants required to assist the Authority in the discharge of its functions on such terms and conditions as may be determined by regulations.

1. (1) The Authority shall meet at the head office or any of its offices at such time as the Chairperson may direct and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at its meetings) as may be determined by regulations.
2. (2) The Chairperson or if he is unable to attend a meeting of the Authority, any other Member nominated by the Chairperson in this behalf and, in the absence of such nomination or where there is no Chairperson, any Member chosen by the Members present from among themselves, shall preside at the meeting.
3. (3) All questions come up before any meeting of the Authority shall be decided by a majority of votes of the Members present and voting, and in the event of an equality of votes, the Chairperson or the person presiding shall have the right to exercise a second or casting vote.
4. (4) Save as otherwise provided in sub-section (3), every Member shall have one vote.
5. (5) All orders and decisions of the Authority shall be authenticated by the Secretary or any other officer of the Authority duly authorised by the Chairperson in this behalf.

No act or proceedings of the Authority shall be questioned or shall be invalidated merely on the ground of existence of any vacancy or defect in the constitution of the Authority.