Chapter VII MISCELLANEOUS

1. (1) The Government shall by general or special order issued in this behalf authorise any competent officer or officers for each River Basin Agency as Primary Dispute Resolution Officer, to resolve the disputes with regard to the issuance or delivery of water Entitlement, under the Act.
2. (2) The Primary Dispute Resolution Officer shall follow such procedure as may be prescribed while hearing the disputes.
3. (3) Any person aggrieved by an order of the Primary Dispute Resolution Officer may, within sixty days from the receipt of such order, prefer an appeal to the Authority : Provided that, the Authority may entertain an appeal after the expiry of the said period of sixty days if it is satisfied that the aggrieved person had sufficient cause for not preferring the appeal within the said period of sixty days.
4. (4) The Authority shall follow such procedure while hearing the appeals as may be prescribed.

1. (1) The Government may issue to the Authority such general or special directions in writing in the matters of policy involving public interest and the Authority shall be bound to follow and act upon such direction.
2. (2) If any question arises as to whether any such direction relates to a matter of policy involving public interest, the decision of the Government thereon shall be final.

The Chairperson, Members, officers and other employees of the Authority shall be deemed, when acting or purposing to act in pursuance of any of the provisions of this Act or rules or regulations made thereunder, to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).

No Suit, prosecution or other legal proceedings shall lie against the Government or the Authority or any officer of Government or any Members, officer or other employees of the Authority for anything done or purported to have been done in good faith in pursuance of the provisions of this Act or rules or regulations made thereunder.

Whoever fails to comply with any order or direction given under this Act, within such time as may be specified in the said order or direction or contravenes or attempts to contravene or abets the contravention of any of the provisions of this Act or any rules or regulations made thereunder shall be punishable with imprisonment for a term which may extend to six months or with fine, which may extend to ten times of the annual water charges or, with both in respect of each offence.

1. (1) Where an offence under this Act has been committed by a company, every person who at the time, when 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 under this Act if he proves that the offence was committed without his knowledge or that he had exercised 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 be liable to be proceeded against and punished accordingly. Explanation.- For the purposes of this section,-
   • (a) "company" means a body corporate and includes firm, association of persons or body of individuals whether incorporated or not.
   • (b) "director" in relation to firm, means a partner in the firm, and in relation to any association of persons or body of individuals, means any member controlling the affairs thereof.

1. (1) The Authority may, either before or after the institution of the proceedings for any offence punishable under this Act, with the approval of the State Government, accept from any person charged with such offence, by way of composition of the offence, a sum not less than the amount of the maximum fine and not more than double the amount of the maximum fine for the offences punishable by or under this Act.
2. (2) On payment of such sum as may be determined by the Authority or the State Government or any officer authorised by the State Government under sub-section (1), no further proceedings shall be taken against the accused person in respect of the same offence, and any proceedings if already taken or initiated shall stand abated, and the accused person, if in custody, shall be discharged.

No Court shall take cognizance of an offence punishable under this Act except upon a complaint in writing made by the Authority or by any other officer duly authorised by the Authority for this purpose.

1. (1) The State Government may, by notification in the Official Gazette, and subject to the condition of previous publication, make rules to carry out the purposes of this Act.
2. (2) Every rule made under this Act shall be laid, as soon as may be, after it is made, before each House of the State Legislature, while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in rule or both 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 Authority 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 Authority, 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 Authority with the approval of the State Government, the rules and procedures followed by the Water Resources Department shall, mutatis mutandis, be followed by the Authority for carrying out its functions.

1[31A. Entitlement to apply only after delineation.- Notwithstanding anything contained in this Act or any other law for the time being in force, the term "Entitlement" shall apply only to such areas where compliance of all relevant provisions including delineation under the Maharashtra Management of Irrigation Systems by Farmers Act, 2005 (Mah. XXIII of 2005) is made. Explanation.- In respect of the areas where the Maharashtra Management of Irrigation Systems by Farmers Act, 2005 (Mah. XXIII of 2005), has not become applicable, section 78 of that Act shall apply and be effective.

Notwithstanding anything contained in this Act or in any other law for the time being in force, or in any order, judgement or decree of any court, tribunal or authority, any person or Water User Entity to whom a permission, allocation, sanction, authorization or Entitlement of water has been granted by the High Power Committee or the River Basin Agency or the State Government, prior to the 17th September 2010, being the date of commencement of section 1 of the Maharashtra Water Resources Regulatory Authority (Amendment and Continuance) Act, 2011 (Mah. XXI of 2011), shall be deemed to have been granted, in accordance with the provisions of this Act and accordingly the same shall continue and no such person or Water User Entity shall be required to obtain fresh permission, allocation, sanction, authorization or Entitlement to draw water.

Notwithstanding anything contained in this Act or in any other law for the time being in force, a permission, allocation, sanction, authorization or Entitlement of water, granted by the High Power Committee or the River Basin Agency or the State Government prior to the 17th September 2010, being the date of commencement of section 1 of the Maharashtra Water Resources Regulatory Authority (Amendment and Continuance) Act, 2011 (Mah. XXI of 2011), shall be valid and shall be deemed always to have been valid and accordingly no suit, prosecution or any other legal proceedings shall lie, challenging such permission, allocation, sanction, authorization or Entitlement to draw water, before any court, tribunal or other authority and no such suit, prosecution or other legal proceedings shall lie or continue on the ground that any permission, allocation, sanction, authorization or Entitlement, as required under this Act, has not been obtained.]

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion arises, by an order published in the Official Gazette, do anything not inconsistent with the provisions of this Act, which appears to it to be necessary or expedient, for removing the 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.
2. (2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made, before each House of the State Legislature.