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1

L. A. BILL No. XIV OF 2018.

A BILL

further to amend the Maharashtra Water Conservation

Corporation Act, 2000.

WHEREAS it is expedient further to amend the Maharashtra Water

Conservation Corporation Act, 2000, for the purposes hereinafter appearing;

it is hereby enacted in the Sixty-ninth Year of the Republic of India as

follows :—

1.

This Act may be called the Maharashtra Water Conservation

Corporation (Amendment) Act, 2018.

2.

In section 1 of the Maharashtra Water Conservation Corporation

Act, 2000 (hereinafter referred to as “ the principal Act”), in sub-section (2),

for the figure “250” the figure “600” shall be substituted.

3.

In section 2 of principal Act,—

(a) in clause (d), for figure “250” the figure “600” shall be substituted ;

Short title.

Mah.

III of

2001.

Amendment

of section 1 of

Mah. III of

2001.

Mah.

III of

2001.

Amendment

of section 2 of

Mah. III of

2001.

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MAHARASHTRA LEGISLATURE SECRETARIAT

The following Bill was introduced in the Maharashtra Legislative Assembly on the

20th March 2018 is published under Rule 117 of the Maharashtra Legislative Assembly

Rules :—

RNI No. MAHBIL /2009/40123

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(1)

2

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(b) for clause (h), the following clause shall be substituted, namely :—

“(h) “member” means a member of the Corporation and includes

the Chairman and Vice-Chairmen of the Corporation ;”.

4.

In section 4 of the principal Act,—

(a) in sub-section (1),—

(i) after clause (b), the following clause shall be inserted, namely :—

“(b-1) One member to be nominated by

Vice-

the State Government, having special

Chairman;”;

knowledge and practical experience of

water conservation and soil conservation

as well as having a experience about

water conservation, through

peoples

participation ;

(ii) for clause (q), the following clause shall be substituted,

namely :—

“ (q) two members to be nominated by the State Government

having special knowledge and practical experience in the field

of Irrigation ;”;

(b) in sub-section (2), for the words, brackets and letters “clauses

(a) to (n)” the words, brackets and letters “clauses (a), (b) and (c) to (n)”

shall be substituted ;

(c) in sub-section (3), after the word “clauses” the brackets, letter

and number “(b-1),” shall be inserted ;

(d) in sub-section (4), after the word “clauses” the brackets, letter

and number “(b-1),” shall be inserted.

5.

In section 5 of the principal Act, in sub-section (1),—

(a) for the portion beginning with the words “consisting of the

Chairman” and ending with the words “the following members” the words

“consisting of the Chairman of the Corporation as the Chairperson, the

Vice-Chairmen of the Corporation as the Vice-Chairpersons and the

following members” shall be substituted ;

(b) in clause (b), for the words and brackets “Chief Engineer,

Irrigation (Local Sector), Pune” the words and brackets “Additional

Commissioner (Water Conservation)” shall be substituted ;

(c) in clause (c), for the words “Director, Soil Conservation and

Watershed Management, Pune” the words “Additional Commissioner

(Soil Conservation)” shall be substituted.

6.

In section 7 of the principal Act, in sub-section (1), after the word

“clauses” the brackets, letter and number “(b-1),” shall be inserted.

7.

In section 8 of the principal Act, for sub-section (2), the following sub-

section shall be substituted, namely :—

“(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

Amendment

of section 4 of

Mah. III of

2001.

Amendment

of section 5 of

Mah. III of

2001.

Amendment

of section 7 of

Mah. III of

2001.

Amendment

of section 8 of

Mah. III of

2001.

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3

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.”.

8.

In section 17 of the principal Act, in proviso to sub-section (4), for

the words “Executive Engineers” at both the places where they occur, the

words “District Water Conservation Officers” shall be substituted.

Amendment

of section 17

of Mah. III of

2001.

4

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STATEMENT OF OBJECTS AND REASONS.

The Maharashtra Water Conservation Corporation is established under

the provisions of section 3 of the Maharashtra Water Conservation

Corporation Act, 2000 (Mah. III of 2001) for promotion, operation and rapid

development and regulation of watersheds and water conservation works

including social forestry and the irrigation projects in the State of Maharashtra

and the matters connected therewith.

2.

With a view to ensure effective implementation of Soil and Water

Conservation policies of the Government, it has been decided to establish a

separate Soil and Water Conservation Commissionerate and to restructure

the administrative machinery of the said Commissionerate. It has also been

decided to provide that the Corporation shall have jurisdiction over minor

irrigation projects or schemes having irrigable command area upto 600

hectares. In view of this, it is considered expedient to suitably amend sub-

section (2) of section 1, sub-section (1) of section 5 and section 17 of the said

Act, suitably.

3.

Sub-section (1) of section 4 of the said Act, inter alia, provides that

one member to be nominated by the State Government having special

knowledge or practical experience in the field of Irrigation shall be a member

of the Corporation.

It is felt that the main objective of the Corporation namely water

conservation and watershed development can be achieved through the

increased peoples’ participation. It is, therefore, considered expedient to

amend the said sub-section (1) suitably to provide that one non-official

member, having special knowledge and practical experience of water

conservation and soil conservation as well as having experience of water

conservation through peoples’ participation, nominated by the State

Government shall be a Vice-Chairman of the Corporation. Towards this

objective, it is also considered expedient to provide that, the number of

members to be nominated from category of the persons, having special

knowledge and practical experience in the field of irrigation, shall be

increased to two.

4.

The Bill seeks to achieve the above objectives.

RAM SHINDE,

Mumbai,

Minister for Soil and

Dated the 16th March 2018.

Water Conservation.

Vidhan Bhavan :

DR. ANANT KALSE,

Mumbai,

Principal Secretary,

Dated the 20th March 2018.

Maharashtra Legislative Assembly.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI, PRINTED

AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING,

STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : SHRI PARSHURAM JAGANNATH GOSAVI.