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DAMODAR VALLEY CORPORATION ACT

Ministry of Law and Justice

Act nº 14 of 1948


  • Part 1
  • Part II
  • Part III
  • Part IV
  • Part V
  • Schedules
  • Amending Acts
  • Act nº 14 of 1948

Preamble

THE DAMODAR VALLEY CORPORATION ACT, 1948

[Act, No. 14 of 1948]

[AS ON 1956]

[27th March, 1948]

PREAMBLE

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 1

Section 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 [2nd April, 1948, see Gazette of India, Part I, p. 391.] as the Central Government may, by notification in the Official Gazette, appoint in this behalf.

Section 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 Governments " means the Governments of Bihar and of West Bengal;

(7) " regulations " means the regulations made by the Corporation under section 60.

Part II

Section 3. Incorporation

(1) With effect from such date [7th July 1948, see Gazette of India, 1948, Part I, p. 831.] 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.

Section 4. Constitution of the Corporation

(1)The Corporation shall consist of a Chairman and two other members appointed by the Central Government after consultation with the State Governments.

(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 Substituted by the A. O. 1950 for " the Central ",] [Parliament] or any State Leislature; 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 b reason only of the existence of any vacancy amongst its members o any defect in the appointment of a member thereof.

Section 5. Conditions of service of members

1[***]

(2) The remuneration and other conditions of service of the members shall be such as may be prescribed.

1. Words "(1) Every member shall be a whole-time servant of the Corporation." Of sub-section (1) of section 5 omitted by the Damodar Valley Corporation (Amendment) Act, 1957, w.e.f. 24-12-1957.


Section 6. Appointment of officers and servants

(1) The secretary and the financial adviser of the Corporation shall be appointed by the Central Government.--

(2) The secretary shall be the chief executive officer of the Corporation.

(3) The Corporation may appoint such other officers and servants as it considers necessary for the efficient performance of its functions.

Section 7. Conditions of service of and servants

The pay and other conditions of service of the officers and servants of the Corporation shall--,

(a) as respects the secretary and financial adviser, be such as may be prescribed; and

(b) as respects the other officers and servants, be such as may be determined by regulations.

Section 8. Functions and duties of the financial adviser

The functions and duties of the financial adviser shall be such as may be prescribed.

Section 9. General disqualification of all officers and servants

No person who has directly or indirectly, by himself or his partner or agent, any share or interest in any contract, by or on behalf of the Corporation. or in any employment under, by or on behalf of the Corporation otherwise than as an officer or servant thereof, shall become or remain an officer or servant of the Corporation.

Section 10. Appointment of Advisory Committee

Subject to any rules made under section 59 the Corporation may from time to time appoint one or more Advisory Committees for the purpose of securing the efficient discharge of the functions of the Corporation, and in particular for the purpose of securing that those functions are exercised with due regard to the circumstances and requirements of particular local areas.

Part III

Section 11. Limits of Damodar Valley and area of operations

(1) The Central Government shall, by notification in the Official Gazette, specify the limits of the Damodar Valley.

(2) The Corporation shall carry out all or any of its functions and exercise all or any of its powers within the Damodar Valley.

(3) The Central Government may, after consultation with the State Governments by notification in the Official Gazette, direct that the Corporation shall carry out such function and exercise such power in such other area as may be specified therein and the area so specified shall be called the "area of operation " of the Corporation.