Maharashtra act 008 of 2017 : The Maharashtra Water Resources Regulatory Authority (Amendment) Act, 2016

In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in English of the Maharashtra Water Resources Regulatory Authority (Amendment) Act, 2016 (Mah. Act No. VIII of 2017) is hereby published under the authority of the Governor. By order and in the name of the Governor of Maharashtra,

PRAKASH H. MALI,

Principal Secretary to Government, Law and Judiciary Department. ——————————

RNI No. MAHENG/2009/35528

(1)

MAHARASHTRA ACT No. VIII OF 2017.

(First published, after having received the assent of the Governor in the " Maharashtra Government Gazette ", on the 12th January 2017). An Act further to amend the Maharashtra Water Resources Regulatory Authority Act, 2005.

WHEREAS the Governor of Maharashtra had promulgated the Maharashtra Water Resources Regulatory Authority (Amendment) Ordinance, 2016 on the 17th June 2016 ;

AND WHEREAS upon the re-assembly of the State Legislature on the 18th July 2016, the Maharashtra Water Resources Regulatory Authority (Amendment) Bill, 2016 (L.A. Bill No. XXV of 2016), for converting the said Ordinance into an Act of the State Legislature was passed by the Maharashtra Legislative Assembly on the 27th July 2016 and was transmitted to the Maharashtra Legislative Council and the motion to refer it to the Select Committee of that House has been passed ;

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AND WHEREAS as provided by article 213(2)(a) of the Constitution of India, the said Ordinance had ceased to operate at the expiration of six weeks from the date of re-assembly of the State Legislature, that is, after the 28th August, 2016 ;

AND WHEREAS both Houses of the State Legislature were not in session; and the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action to continue the operation of the provisions of the said Ordinance, for the purposes hereinafter appearing; and, therefore, promulgated the Maharashtra Water Resources Regulatory Authority (Amendment and Continuance) Ordinance, 2016 (hereinafter referred to as "the said Continuance Ordinance") on the 30th August, 2016 ;

AND WHEREAS it is expedient to replace the said Continuance Ordinance by an Act of the State Legislature; it is hereby enacted in the Sixty-seventh year of the Republic of India as follows :—

1. (1) This Act may be called the Maharashtra Water Resources Regulatory Authority (Amendment) Act, 2016.

(2) It shall be deemed to have come into force on the 17th June 2016.

2. In section 2 of the Maharashtra Water Resources Regulatory Authority Act, 2005 (hereinafter referred to as " the principal Act "), in sub-section (1), after clause (v), the following clause shall be inserted, namely :—

" (v-1) " Special Invitee " means a person appointed to the Authority under clause (f) of sub-section (1) of section 4 ;".

3. In section 3 of the principal Act,—

(a) to sub-section (3), the following proviso shall be added, namely :—

" 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. ";

(b) for sub-section (4), the following sub-section shall be substituted, namely :—

"(4) The Authority shall consist of a Chairperson and four other Members.".

4. After section 3 of the principal Act, the following section shall be inserted, namely :—

"3A. 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, Short title and

commence-

ment.

Amendment

of section 2 of

Mah. XVIII of

2005.

Mah. XVIII of

2005.

Amendment of section 3 of Mah. XVIII of

2005.

Insertion of new section 3A in Mah. XVIII of 2005. Power to

appoint

Committee to perform powers, etc., of Authority during

intervening

period when

Authority is not reconstituted. Mah. Ord.

XXI of

2016.

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5. For section 4 of the principal Act, the following section shall be substituted, namely :—

"4. (1) The Chairperson, the Members and Special Invitees of the Authority shall be appointed as follows :—

(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 ;

(b) one Member shall be expert from the field of water resources engineering ;

(c) one Member shall be expert from the field of economics ;

(d) one Member shall be expert from the field of groundwater management ;

(e) one Member shall be expert from the field of law ; and

(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.

(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.

(3) The Chairperson or any other Member of the Authority shall not hold any other office of profit.

(4) No person shall be appointed as the Chairperson or other Member, if he has attained the age of sixty-seven years.".

6. In section 5 of the principal Act,—

(a) for sub-section (1), the following sub-section shall be substituted, namely :—

" (1) The State Government shall, by notification in the Official Gazette, for the purposes of sub-section (5) of section 3, constitute a Amendment

of section 5 of

Mah. XVIII of

2005.

Substitution of section 4 of Mah. XVIII of 2005. Qualifications for Chairperson,

other Members and Special

Invitees of

Authority.

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(a) the Chief Secretary. … Ex-officio President.

(b) the Secretary, Water Supply and … Ex-officio Member. Sanitation Department.

(c) the Secretary (WRM & CAD), … Ex-officio Member. Water Resources Department.

(d) the Director, Indian Institute of … Ex-officio Member. Technology, Mumbai.

(e) One person nominated by the … Member. Government from an eminent institute.

(f) the Secretary (WRP & D), Water … Ex-officio Member- Resources Department. Secretary.";

(b) after sub-section (6), the following sub-section shall be added, namely :—

" (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.".

7. In section 6 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely :—

"(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. ".

8. (1) The Maharashtra Water Resources Regulatory Authority (Amendment and Continuance) Ordinance, 2016, is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken (including any notification or order issued) under the principal Act, as amended by the said Ordinance, shall be deemed to have been done, taken or issued, as the case may be, under the corresponding provisions of the principal Act, as amended by this Act.

Amendment

of section 6 of

Mah. XVIII of

2005.

Repeal of Mah. Ord. XXI of 2016 and saving.

Mah. Ord. XXI of

2016.

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.

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