Damodar Valley Corporation Act, 1948
No: 14 Dated: Mar, 27 1948
THE DAMODAR VALLEY CORPORATION ACT, 1948
ACT NO. 14 OF 1948
An Act to provide for the establishment and regulation of a Corporation for the development of the Damodar Valley in the Provinces of Bihar and West Bengal.
WHEREAS it is expedient to provide for the establishment and regulation of a Corporation for the development of the Damodar Valley in the Provinces of Bihar and West Bengal:
AND WHEREAS in pursuance of section 103 of the Government of India Act, 1935, (26 Geo. 5, c. 2.) resolutions have been passed by all the Chambers of the Provincial Legislatures of the said Provinces to the effect that certain matters dealt with in this Act which are enumerated in the Provincial Legislative List should be regulated in those Provinces by Act of the Dominion Legislature;
It is hereby enacted as follows:—
PART I
INTRODUCTORY
1. Short title, extent and commencement.—(1) This Act may be called the Damodar Valley Corporation Act, 1948.
(2) It extends to the States of Bihar and West Bengal.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf.
2. Interpretation.—In this Act, unless there is anything repugnant in the subject or context,—
(1) “Corporation” means the Damodar Valley Corporation;
(2) “Damodar Valley” includes the basin of the Damodar river and its tributaries;
(3) “member” means a member of the Corporation and includes the Chairman;
(4) “participating Governments” means the Central Government, the State Government of Bihar and the State Government of West Bengal;
(5) “prescribed” means prescribed by rules made under section 59;
(6) “State Government” means the Government of Bihar or as the case may be of West Bengal, and “State Government” means the Governments of Bihar and West Bengal;
(7) “regulations” means the regulations made by the Corporation under section 60.
PART II
ESTABLISHMENT OF THE CORPORATION
3. Incorporation.—(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established a Corporation by the name of the Damodar Valley Corporation.
(2) The said Corporation shall be a body corporate having perpetual succession and a common seal, and shall by the said name sue and be sued.
4. Constitution of the Corporation.— (1) The Corporation shall consist of—
(a) a Chairman;
(b) a member (technical) and a member (finance);
(c) one representative from the Central Government;
(d) two representatives one each from the State Government of Jharkhand and West Bengal;
(e) three independent experts one each from the field of irrigation, water supply and generation or transmission or distribution of electricity; and
(f) a Member-Secretary.
(1A) The Chairman and members under clauses (a), (b), (d) and (f) of sub-section (1) shall be appointed by the Central Government in consultation with the State Governments concerned while the members under clauses (c) and (e) shall be appointed by the Central Government, by notification in the Official Gazette.
(1B) The Chairman and members under clauses (a), (b) and (f) of sub-section (1) shall be whole-time while the members under clauses (c), (d) and (e) shall be part-time.
(1C) The Chairman shall be the Chief Executive Officer of the Corporation.
(1D) Without prejudice to the provisions contained in sub-section (1C), the Member-Secretary shall be in charge of general administration and business development of the Corporation.
(2) A person shall be disqualified for being appointed, or for continuing as, a member of the Corporation—
(a) if he is a member of [Parliament] or any State Legislature; or
(b) if he has, directly or indirectly, any interest in a subsisting contract made with, or in any work being done for, the Corporation except as a shareholder (other than a director) in an incorporated company provided that where he is a shareholder, he shall disclose to the Government the nature and extent of shares held by him in such Company.
(3) No act or proceeding of the Corporation shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the appointment of a member thereof.