Maharashtra Tapi Irrigation Development Corporation Act, 1997
No: 4 Dated: Jan, 06 1998
THE MAHARASHTRA TAPI IRRIGATION DEVELOPMENT CORPORATION ACT, 1997
ACT No. IV OF 1998
An Act to make special provisions for promotion and operation of irrigation projects, command area development and schemes for generation of hydroelectric energy to harness the water of Tapi River pertaining to the State of Maharashtra and other allied and incidental activities including flood control in the Tapi River Valley by establishing the Tapi Irrigation Development Corporation.
WHEREAS, it was expedient to make special provisions for promotion and operation of irrigation projects, command area development and schemes for generation of hydroelectric energy to harness the water of Tapi River pertaining to the State of Maharashtra and other allied and incidental activities including flood control in the Tapi River Valley by establishing the Tapi Irrigation Development Corporation;
AND WHEREAS, it was considered necessary to immediately make a law for the same;
AND WHEREAS, both Houses of the State Legislature were not in session;
AND WHEREAS, the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action to make a law, for the purposes hereinafter appearing; and, therefore, promulgated the Maharashtra Tapi Irrigation Development Corporation Ordinance, 1997, on the 4th December 1997;
AND WHEREAS, it is expedient to replace the said Ordinance by an Act of the State Legislature;
It is hereby enacted in the Forty-eighth Year of the Republic of India as follows : —
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement:- (1) This Act may be called the Maharashtra Tapi Irrigation Development Corporation Act, 1997.
(2) It shall extend to the main stream of Tapi River in the State of Maharashtra and such other area or areas, as the State Government may, by notification in the Official Gazette, specify.
(3) It shall be deemed to have come into force on the 4th December 1997.
2. Definitions:- In this Act, unless the context otherwise requires,—
(a) “area of operation of the Corporation” means the area of the mainstream of Tapi River and any other area or areas to which the provisions of this Act are extended by the State Government by notification in the Official Gazette under sub-section (2) of section 1;
(b) “Corporation” means the Tapi Irrigation Development Corporation established under section 3 ;
(c) “Hydro-Electric Power Project” means and includes the planning, construction, maintenance and management of Hydro-Electric Power Projects, within the area of operation of the Corporation and shall also include such hydro-electric power projects as are assigned, handed over or transferred to the Corporation by the State Government ;
(d) “Irrigation Department” means the Irrigation Department of Government ;
(e) “Irrigation Project” means the planning, construction, maintenance and management of—
(i) Major Irrigation Project having irrigable command area of more than 10,000 hectares;
(ii) Medium Irrigation Project having irrigable command area of more than 2,000 hectares and upto 10,000 hectares;
(iii) Minor Irrigation Project having irrigable command area of more than 250 hectares and upto 2,000 hectares; and shall include command area development, flood control and other allied activities;
(f) “Mainstream of Tapi River” means the geographical area of Tapi River and all its tributaries within the State of Maharashtra;
(g) “Member” means a member of the Corporation designated as Director ;
(h) “prescribed” means prescribed by rules made under this Act ;
(i) “regulations” means the regulations made under this Act ;
(j) “State Government” or “Government” means the Government of Maharasntra.