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The Damodar Valley Corporation Act, 1948

Year of Passage: 1948 | Type: Bare Act

Section 1 Short title, extent and commencement.

(1) This Act may be called the Damodar ValleyCorporation Act, 1948. (2) It extends to the States of Bihar and West Bengal. (3) It shall come into force on such date2as the Central Government may, by notification in theOfficial 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 andthe 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.

Section 3 Incorporation.

(1) With effect from such date as the Central Government may, by notification inthe Official Gazette, appoint in this behalf, there shall be established a Corporation by the name of theDamodar 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[(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 ortransmission 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 beappointed by the Central Government in consultation with the State Governments concerned while themembers under clauses (c) and (e) shall be appointed by the Central Government, by notification in theOfficial Gazette. (1B) The Chairman and members under clauses (a), (b) and (f) of sub-section (1) shall bewhole-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 shallbe 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 theCorporation-- (a) if he is a member of 2[Parliament] or any State Legislature; or (b) if he has, directly or indirectly, any interest in a subsisting contract made with, or in any workbeing done for, the Corporation except as a shareholder (other than a director) in an incorporatedcompany provided that where he is a shareholder, he shall disclose to the Government the nature andextent 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 anyvacancy amongst its members or 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 beprescribed.
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