(1) The Corporation or any of its Committees may invite any officer of the Central Government, State Government, local authority or any organisation or any person to attend its meeting or meetings as a special invitee for the purpose of assisting or advising, on any matter or matters. The person so invited may take part in the proceedings, but shall have no right to vote.
(2) The person so invited shall be entitled to draw such honorarium or compensatory allowance for the purpose of meeting the personal expenditure in attending the meetings of the Corporation or any of its Committees as the Corporation may determine, from time to time.
10. Filling up of casual vacancies of members - Any vacancy of a member of the Corporation shall be filled as early as practicable, in like manner as if the appointment were being made for the first time.
11. Acts or proceedings not to be invalidated by vacancy or informality etc., - No act done or proceedings taken under this Act by the Corporation or Committee appointed by the Corporation shall be invalidated merely on the grounds of,-
(a) any vacancy of a member or any defect in the constitution or reconstitution of the Corporation or a Committee thereof; or
(b) any defect or irregularity in the appointment of a person as a member of the Corporation or of a Committee thereof; or
(c) any defect or irregularity in such act or proceedings, not affecting the substance.
12. Officers and servants of Corporation - (1) The State Government shall appoint Managing Director as provided in section 4(1), Chief Engineer, Superintending Engineer, and Chief Accounts and Finance Officer and such other officers as may be required.
(2) The Corporation may, with the prior approval of the State Government appoint such other officers and servants sub-ordinate to the officers mentioned in sub-section (1) as it considers necessary for the efficient performance of its duties and functions.
(3) The conditions of appointment and service of the officers and servants and their scales of pay shall,-
(a)as regards the officers mentioned in sub-section (1) be such as may be prescribed; and
(b)as regard the officers and servants mentioned in sub-section (2) be such as may be laid down from time to time by regulations.
(4) subject to the superintendence of the Corporation, the Managing Director shall supervise and control all its officers and employees including any officers of the Government appointed on deputation to the Corporation.
13. Disqualification of all officers and staff - No person who has, directly or indirectly, by himself or by 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 staff thereof, shall be qualified to be an officer or staff of the Corporation.
14. Authentication of orders etc., of the Corporation - All proceedings of the Corporation shall be authenticated by the Chairman and all orders and instruments of the Corporation shall be authenticated by the Managing Director or any other officer of the Corporation as may be authorised in this behalf by regulations.
CHAPTER - III VESTING OF PROPERTY, ASSETS, LIABILITIES AND OBLIGATIONS AND TRANSFER OF EMPLOYEES
15. Vesting and transfer of the property to the Corporation - (1) From such date as may be specified, from time to time, by the State Government (hereinafter in this section referred to as “the appointed date”),-
(a) the properties and assets comprising movables and immovables including Irrigation Projects, works under construction and management of completed schemes; specified in that behalf, situated in the area of operation of the Corporation, which immediately before the appointed date vested in the State Government and were under the control of the Irrigation and Command Area Development Department, shall vest in and stand transferred to the Corporation, and all income derived and expenses incurred in that behalf be brought on books of the Corporation; and
(b) the rights, liabilities and obligations of the State Government, whether arising out of any contract or otherwise pertaining to the said project of the State Government shall be deemed to be the rights, liabilities and obligations of the Corporation.
(2) Such properties, assets, rights, liabilities and obligations shall be valued in such manner as the State Government may determine.
(3) All suits and other legal proceedings with respect to any scheme for the development of Irrigation Projects and other Projects entrusted to the Corporation, instituted or defended by or against the State Government before the appointed date may be continued or instituted or defended by or against the Corporation.
16. Decision of the State Government on the vesting of property to be final - Where any doubt or dispute arises as to whether any property or asset has vested in the Corporation under section 15 or any rights, liabilities or obligations have become the rights, liabilities or obligation of the Corporation under that, section, such doubt or dispute shall be referred to the State Government whose decision shall be final.
17. Power of State Government to depute certain Government employees to Corporation - (1) Where on account of conferment of any powers, duties and functions on the Corporation by or under this Act in the opinion of the State Government, the employee or employees belonging to technical staff as well as ministerial and non-ministerial staff, required by the Corporation for efficient exercise of its powers, performance of its duties or discharge of its functions, the State Government, the Head of the Department of the State Government or any Officer authorised by the State Government in this behalf may, from time to time having regard to the necessity therefor, by order depute such officers or employees to the Corporation, and the Corporation shall take them and employ them on deputation, subject to the provisions of this section.
(2) The period of deputation of any such employee to the Corporation shall be five years except when any such person is required to be repatriated on the grounds, such as promotion, reversion, termination or superannuation or any other reasons as may be directed by the State Government. After the expiry of the period of deputation, he shall stand repatriated to service under the State Government:
Provided that, during the period of such deputation all matters relating to the pay, leave, allowances, retirement, pension, provident fund and other conditions of service of the employees, on deputation shall be regulated by such rules governing such matters at the time of the deputation or such other rules as may, from time to time, be made by the State Government.
(3) All employees of the said establishment transferred on deputation to the Corporation under sub-section (2) shall have a lien on their posts in the service under the State Government and the period of their service under the Corporation shall, on their repatriation to the service under the State Government, pensions and other matters relating to their service.
(4) The Corporation shall have the authority to transfer the Officers and staff members within the area of operation of the Corporation.
(5) No employee on deputation to the Corporation shall be entitled to any deputation allowance.
(6) The salaries and allowances of employees on deputation to the Corporation shall be paid from the Corporation fund.
(7) Save as otherwise provided in this section, the terms and conditions of service of employees on deputation to the Corporation shall not be less advantageous than those applicable to them immediately before deputation and shall not varied to their disadvantage except with the previous sanction of the State Government.
CHAPTER - IV FUNCTIONS AND POWERS OF CORPORATION
18. Functions of the Corporation - The functions of the Corporation shall be,-
(a)to promote and operate irrigation projects and command area development including flood control;
(b)to plan, investigate, design, construct and manage the irrigation projects and command area development;
(c) to plan, investigate, design, construct and manage drinking water supply schemes;
(d)to plan, investigate, design, construct and manage industrial water supply schemes;
(e) to enter into contracts in respect of the works and any other matters transferred to the Corporation along with assets and liabilities under this Act;
(f) to invite tenders, bids, offers and enter into contracts for the purposes of all the activities of the Corporation;
(g) to promote participation of any person or body or association of individuals, whether incorporated or not in planning, investigation, designing, construction and management of irrigation projects and command area development including flood control;
(h) to undertake schemes or works, either jointly with other corporate bodies, or institutions, or with Government or local authorities or on agency basis in furtherance of the purposes for which the Corporation is established and all matters, connected therewith;
(i) to promote irrigation related activities such as fisheries, pisciculture, floriculture, horticulture, sericulture, tissueculture etc.;
(j) to promote tourism, water sports and other related activities on and around the Irrigation projects;
(k)to develop the land around or nearby lakes and in other suitable locations with irrigation facilities and other infrastructure facilities and lease part or whole of such developed properties to the interested parties;
(l) to prepare annual plan and five year working development plan;
(m) to prepare annual Budget;
(n) to undertake any other activities entrusted by the State Government in furtherance of the objectives for which the Corporation is established.
19. General powers of the Corporation - (1)The Corporation shall have the power to accord administrative approval, revised administrative approval, technical sanction, acceptance of all tenders, sanctioning budget and making financial provisions, settling disputes arising out of contracts and any other things which may be necessary or expedient for the purpose of carrying out its functions under this Act.
(2) Without prejudice to the generality of the foregoing provision, such power shall include the power,-
(a)to acquire and hold property, both movable and immovable as the Corporation may deem necessary for the performance of any of its functions, duties, activities and to lease, sell, exchange or otherwise transfer any property held by it on such conditions as may be deemed proper by the Corporation;
(b) to construct or cause to be constructed such dams, barrages, reservoirs, irrigation, flood control and drainage canals and such other works and structures as may be required;
(c) to take measures to prevent pollution of any water under its control and to take all measures deemed necessary to prevent discharges into such water of effluents which are harmful to water supply, irrigation, public health or acquatic life;
(d)to stock its reservoirs or water sources with fish and to sell fish or fishing rights and prohibit taking out fish from the water under its control;
(e) to assist in the establishment of water users associations and other organisations formed under the Andhra Pradesh Co-operative Societies Act, 1964(Andhra Pradesh Act 7of 1964), or any other Act for the better use of facilities made available by the Corporation;
(f) to lease rights for water sports, other recreational activities related to the use of reservoir and its surroundings and reservoir water;
(g) to establish, maintain and operate laboratories, experimental and research stations and farms for conducting experiments and research for,-
(i) utilising the water, and other resources in the most economical manner for the development of the River Valleys;
(ii) determining the effect of its operations on the flow conditions in the river valleys;
(iii) providing navigation condition in the River Valleys,
(h) to engage suitable consultants or persons having special knowledge or skill to assist the Corporation in the performance of its functions;
(i) to do all such other things and perform such acts as may be necessary for, or incidental or conducive to any matters which are necessary for furtherance of the objectives for which the Corporation is established.
20. Responsibility of Water Users’ Association for maintenance of canals and management of water - Water Users’ Associations shall be responsible for maintenance of the canals and management of the water.
21. Water charges for supply of water for irrigation, industrial and domestic purposes - The Corporation shall, from time to time, determine and levy water charges according to volume, for supply of water for irrigation, industrial and domestic purposes to the State Government, local authorities, Government agencies, cultivators and water user associations:
Provided that, the levy of water charges shall be such that water charges so recovered shall be sufficient at least to cover the interest charges of the loan raised by the Corporation from the open market.
22. Responsibility of Corporation for payment of interest on borrowed money - The Corporation shall pay the interest on the borrowed money through the recovery of water charges.
23. Prohibition of construction of dam, weir etc., except with approval of Corporation - No person shall construct, operate or maintain within the area of operation of the Corporation any dam or weir or other work or any installation for the extraction of surface water without the prior approval of the Corporation;
Provided that the State Government or a local authority may, construct and operate such dams, weirs etc., anywhere or across any river or basin within such area of operation or assign or handover such dam, weir etc., to the Corporation.
24. Co-ordination with other authorities to minimise inconvenience caused by submergence - The Corporation shall keep co-ordination with the State Government, Railway Authorities, local authorities and statutory bodies with a view to minimising the inconvenience likely to be caused by the submergence of railway’s lands and roads and communications and shall bear the cost of any realignment thereof or resettlement of any population rendered necessary by such submergence.
25. Powers to be exercised by the Andhra Pradesh Corporation under irrigation Act - Notwithstanding anything contained in the Andhra Pradesh Irrigation Act, 1965 ( Act No.12 of 1965),-
(a)the Corporation may carry out all or any of the functions and exercise all or any of the powers of the state Government or the appropriate authority;
(b) any officer of the Corporation authorised in this behalf by the Corporation may carry out all or any of the functions and exercise all or any of the powers of the concerned officer under the provisions of the said Act and the rules, within the area of operation of the Corporation.
26. Powers of State Government to issue directions - The State Government may issue to the Corporation such general or special directions as to policy or exercise of the powers or performance of the functions by the Corporation, as it may think necessary or expedient for carrying out the purposes of this Act and the Corporation shall be bound to follow and act upon such directions.
CHAPTER - V ACQUISITION OF LAND
27. Power to acquire land for purposes of this Act - The State Government may, for carrying out the purposes of this Act, compulsorily acquire land under the 1[Land Acquisition Act, 1894 (Act 1 of 1894)] and the acquisition of any land for any of the said purposes shall be deemed to be a public purpose within the meaning of that Act.
28. Transfer of Government lands to Corporation - (1) For the furtherance of the objects of this Act, the State Government may, by notification in the Official Gazette, upon such conditions as may be agreed upon between the Government and the Corporation, place at the disposal of the Corporation any lands vested in the State Government:
Provided that, the State Government shall not place at the disposal of the Corporation any lands which are notified and included in a reserved forest.
(2) After any such land has been so placed at the disposal of the Corporation it shall be dealt with by the Corporation in accordance with the provisions of this Act, or the rules or regulations made there under and directions, if any, given by the State Government in this behalf.
(3) If any land placed at the disposal of the Corporation under subsection (1) is not required by the Corporation, the State Government may ask the Corporation to surrender it to the State Government upon such terms and conditions as may be mutually agreed upon.
29. Power of Corporation to dispose of land etc., - Subject to any rules made by the State Government under this Act, the Corporation may retain, lease, sell, exchange or otherwise dispose of any land, any building, or other property vested in it, in such manner as it thinks fit for carrying out, the purposes of this Act.
CHAPTER - VI FINANCE, ACCOUNTS AND AUDIT