STATEMENT OF OBJECTS AND REASONS 1 River Betwa is the major tributary of the Yamuna. It flows through the States of Madhya Pradesh and Uttar Pradesh. In August. 1972. the Chief Ministers of the two States agreed to the sharing of the waters of the Betwa river at Rajghat. Thereafter the Stale Governments considered the various technical and engineering problems concerning the dam to be built at Rajghat and the machinery for executing the Project. By the Supplementary Agreement of the 7th December. 1973 the State Governments agreed to the setting up of a Control Board under the Chairmanship of the Union Minister for Irrigation and Power. The question as to how the Board should be set up and the various technical and engineering aspects of the project were thereafter examined and considered and a final agreement in regard to the various matters was reached on the 18th August, 1975. 2. Both the Slate Governments are anxious that the proposed Board should have necessary powers to act independently and without any legal or other difficulties so that there is no delay in the execution of the Rajghat Dam Project. The State Governments are willing to bear the expenses in proportion to the benefits which will accrue to them. They want the Board to utilise in equal measure the services of the officers of the two States. It is. therefore, proposed to take under the control of the Union the regulation and development of the Betwa river valley to the extent necessary for setting up a high-powered Board with necessary powers on the lines agreed to by the State Governments. Hence this Bill. 3. The Bill seeks to provide for the establishment of a Board to be called the Betwa River Board. The Union Minister in charge of Irrigation will be the Chairman of the Board. The other members of the Board will be the Chief Ministers of Madhya Pradesh and Uttar Pradesh and Ministers of those States in charge of Irrigation and Finance. Subject to the general superintendence and control of the Board, the management of the affairs of the Board will vest in an Executive Committee consisting of officers of the two State Governments and the Central Government. The Board's functions will include the carrying out of surveys and investigations iin the Betwa river valley. the preparation of a comprehensive project report and the construction of Rajghat Dam and the common carrier from the dam to irrigate areas in Madhya Pradesh and Uttar Pradesh. The expenses of the Board will be met by the Governments of Madhya Pradesh and Uttar Pradesh and those Governments will also make suitable provisions as to moneys, land facilities and electrical power for construction and all other things required by the Board. - Gaz. of Ind.. 6-1-76. Pt. II. S. 2, Ext., p. 81. Act 47 of 1977.-The Betwa River Board Act. 1976, was enacted to provide for the establishment of a Board for the creation of a reservoir at Rajghat byconstruction, on behalf of the Governments of Madhya Pradesh and Uttar Pradesh. of a dam on the Betwa river at Rajghat. The Rajghat Dam Project, as then envisaged, was intended to be a project for providing irrigation facilities only. It has since been decided that generation of power should also form an integral part of the project. It is, therefore, proposed to amend the Act to alter the composition of the Board so as to include therein the Union and the Madhya Pradesh and Uttar Pradesh Ministers in charge of Power and amplify the functions of the Board so as to include within the Rajghat Dam Project generation of power also. 2. To meet situations in which suitable officers of the Governments of Madhya Pradesh and Uttar Pradesh are not available for appointment as Financial Adviser to the Board, it is proposed to avail of the present opportunity to amend section 7 of the Act to provide that the Central Government may. with the concurrence of the Governments of Madhya Pradesh and Uttar Pradesh. Appoint an officer of the Central Governmeni as the financial Adviser to the Board. 3. The Bill seeks to achieve the above objects. - Gaz. of Ind.. 9-8-1977. Pt. II. S. 2. Ext.. p. 555. An Act to provide for the establishment of a Board for the creation of a reservoir at Rajghat by construction, on behalf of the Governments of Madhya Pradesh and Uttar Pradesh, of a dam on the Betwa river at Rajghat and for the regulation of such reservoir. Be it enacted by Parliament in the Twenty-seventh Year of the Republic of India as follows:
CHAPTER 01: PRELIMINARY
SECTION 01: SHORT TITLE AND COMMENCEMENT
(1) This Act may be called The Betwa River Board Act, 1976.
(2) It shall come into force on such date1as the Central Government may. after consultation with the Governments of Madhya Pradesh and Uttar Pradesh, by notification in the Official Gazette, appoint.
SECTION 02: DECLARATION AS TO EXPEDIENCY OF CONTROL BY THE UNION
It is hereby declared that it is expedient in the public interest that the Central Government should take under its control the regulation and development of the inter-State Betwa River and River Valley to the extent hereinafter provided.
SECTION 03: DEFINITIONS
In this Act, unless the context otherwise requires,-
(a) "Board" means the Betwa River Board established under section 4-:
(b) "Chairman" means the Chairman of the Board;
(c) "Executive Committee" means the Executive Committee constituted under section 5-;
(d) "member" means a member of the Board and includes the Chairman;
(e) ."prescribed" means prescribed by rules made by the Central Government under section 22-;
(f) "Rajghat Dam" means the Dam described in the Schedule;
(g)4["Rani Laxmibai Sagar"] means the reservoir created by the construction of the Rajghat Dam:
(h)"regulations" means regulations made by the Board under section 23-:
(i) "rules" means rules made by the Central Government under section 22-.
CHAPTER 02: ESTABLISHMENTS OF THE BOARD
SECTION 04: ESTABLISHMENT AND INCORPORATION OF THE BETWA RIVER BOARD
(1) With effect from such date2as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established for the purposes of this Act, a Board to be called the Betwa River Board.
(2) The Board shall be a body corporate by the name aforesaid having perpetual succession and a common seat with power, subject to the provisions of this Act. to acquire, hold and dispose of property, both movable and immovable, and lo contract and shall by the said name sue and be sued.
(3) The Union Minister in charge of Irrigation shall he the Chairman of the Board and the other members of the Board shall be the following, namely:
3[(a) where the same Union Minister is not in charge of both Irrigation and Power, the Union Minister in charge of Power or such Minister or Deputy Minister in the Union Ministry or Department in charge of Power as may be specified in this behalf by the Union Minister in charge of Powers:
(b) the Chief Ministers of Madhya Pradesh and Uttar Pradesh; and
(c) the Ministers of Madhya Pradesh and Uttar Pradesh in charge of Finance, Irrigation and Power.] Provided that when a proclamation made under an article 356 of the Constitution-is in force in relation to the Slate of Madhya Pradesh or Uttar Pradesh, the Central Government may appoint three persons to represent such State on the Board and the persons so appointed shall vacate their offices upon the revocation or cesser of operation of such proclamation.
(4) The Board may permit any officer of the Central Government or the Government of Madhya Pradesh or Uttar Pradesh to attend any of its meetings and take part in the proceedings but such officer shall not be entitled to vote.
(5) The Board may associate with itself, in such manner and for such purposes as may be determined by regulation-. any person whose assistance or advice it may desire in complying with any of the provisions of this Act and a person so associated shall have the right to take part in the discussions of the Board relevant to the purpose lor which he has been associated, but shall not be entitled to vote.
SECTION 05: EXECUTIVE COMMITTEE
(1) The Central Government may, by notification in the Official Gazette, constitute an Executive Committee consisting of officers of that Government and officers of the Governments of Madhya Pradesh and Uttar Pradesh.
(2) The composition of the Executive Committee shall be such as may be prescribed: Provided that- (a) an officer of the Central Government shall be the Chairman of the Committee: (b) the Government of Madhya Pradesh and Uttar Pradesh shall have equal representation.
(3) Subject lo the general superintendence and control of the Board, the management of the affairs of the Board shall vest in the Executive Committee and the Chairman and other members of the Committee shall assist the Board in such manner as the Board may require.
(4) Subject to the rules and to the directions of the Board the Executive Committee may exercise any power and do any act or thing which may be exercised or done by the Board.
(5) The procedure to be followed by the Executive Committee and all other matters relating to the Executive Committee shall be such as may be prescribed.
SECTION 06: VACANCIES, ETC., NOT TO INVALIDATE PROCEEDINGS OF THE BOARD OR THE EXECUTIVE COMMITTEE
No act or proceeding of the Board or the Executive Committee shall be invalidate by reason of
(a) any vacancy in the Board or the Executive Committee.
(b) Any defect in the composition of or in any appointment to the Board or the Executive Committee
(c) any irregularity in the procedure of the Board or the Executive Committee not affecting the merits of the case.
SECTION 07: CHIEF ENGINEER AND FINANCIAL ADVISER
(l) The Central Government may. after consultation with the Governments of Madhya Pradesh and Uttar Pradesh. appoint an Engineer (to be the Chief Engineer of the Board and to be known as the Chief Engineer. Rajghat Dam Project). and a Financial Adviser, and a Secretary, to the Board from amongst the officers of the Governments of Madhya Pradesh and Uttar Pradesh: Provided that the Central Government shall, so far as practicable, ensure that officers from the same State do not hold the posts of Chief Engineer and Secretary at the same time.5[Provided further that the Central Government may. with the concurrence of the Governments of Madhya Pradesh and Uttar Pradesh. appoint an officer of the Central Government as the Financial Adviser.]
(2) Subject to the general superintendence and control of the Board and the Executive Committee, the Chief Engineer of the Board appointed under sub-section (1) shall be the Chief Executive Officer of the Board and shall exercise and discharge-
(a) such powers and duties as may be prescribed or as may be delegated to him by the Board:
(b) such other powers and duties as may be determined by regulations.
(3) The Financial Adviser appointed under subjection (1) shall be the Chief Accounts Officer of the Board,
(4) The terms and conditions of service of the Chief Engineer of the Board, and of the Financial Adviser, and the Secretary, to the Board shall be such as may be prescribed.
SECTION 08: OTHER OFFICERS AND EMPLOYEES OF THE BOARD
(1) Subject to the rules, the Board may appoint such officers and employees as it may deem necessary for the efficient discharge of its functions: Provided that the Board shall, as far as practicable, utilise the services of the officers and employees offered by the Governments of Madhya Pradesh and Uttar Pradesh in such a manner that equal representation is given to the two States.
(2) The terms and conditions of service of the officers and employees of the Board shall be such as may be determined by regulations.
CHAPTER 03: FUNCTIONS AND POWERS OF THE BOARD
SECTION 10: FUNCTIONS OF THE BOARD
Subject to the other provisions of this Act and the rules, the Board may, if satisfied that the Governments of Madhya Pradesh and Uttar Pradesh have complied with or arranged to comply with the conditions specified in section 11-,-
(a) carry out surveys and investigations in the Betwa Inter-State river valley and prepare a comprehensive project report for the construction of Rajghat Dam and appurtenant works6[and for the generation of power at Kajghat Dam. including the construction of a power house (hereinafter referred to as the Rajghat Power House) near the dam and ppurtenant works] and finalise the same after consulting the Governments of Madhya Pradesh and Uttar Pradesh and taking into account the suggestions if any made by those Governments:
(b) prepare detailed reports and estimate in respect of the Project and allocate the cost among the Governments of Madhya Pradesh and Uttar Pradesh:
(c) draw up standards and specifications for implementation of the project and for the
maintenance thereof:
(d) construct the Rajghat Dam6[and the Rajghat Power House] and the common carrier from the dam to irrigate areas in Madhya Pradesh and Uttar Pradesh:
(e) lay down rules of operation and management of Rajghat Dam;
(f) perform any other function which is supplemental, incidental, or consequential to all or any of the functions specified in clauses (a) to (e).
SECTION 11: CONDITIONS SUBJECT TO WHICH THE BOARD MAY EXERCISE ITS FUNCTIONS
(1) The exercise by the Board of the functions specified in section 10-shall be subject to the following conditions, namely:-
(i) that the Governments of Madhya Pradesh and Uttar Pradesh shall at all times make, to the satisfaction of the Board, suitable provisions as to the moneys, land facilities and electrical power for construction and all other things required by the Board;
(ii) that the liability for the entire expenditure on the7[Rajghat Dam and Rajghat Power House including appurtenant works and on the generation of power at Rajghat Dam] and all other expenditure incurred by the Board in the discharge of its functions shall be shared by the Governments of Madhya Pradesh and Uttar Pradesh in such proportion as may be specified by the Board : Provided that the Board may specify different proportions for different works or matters having regard to the benefits which may accrue to the States and other relevant factors:
(iii) that the Governments of Madhya Pradesh and Uttar Pradesh shall extend full co-operation to the Board and shall in particular make available to the Board the land and electric power required by it for construction purposes as expeditiously as possible.
(2) For the purposes of clause (ii) of sub-section (1). the expenditure on the Rajghat Dam shall include the expenditure incurred by the Government of Uttar Pradesh on the Rajghat Dam Project before the establishment of the Board and the Board shall determine the amount of expenditure so incurred by the Government of Uttar Pradesh and the extent to which it shall be reimbursed by the Government of Madhya Pradesh.
SECTION 12: POWERS OF THE BOARD
(1) Subject to the provisions of this Act and the rules, the Board shall have the power to do anything which may be necessary or expedient lor lhe purpose of carrying out its functions under this Act.
(2) Without prejudice to the generality of the foregoing provision, such power shall include the powers
(a) to acquire hold and dispose of such properties, both movable and immovable, as the Board deems necessary:
(b) to publish statistics or other information relating to the various aspects of flood control and drainage in the Betwa River Valley.8[the regulation of9[Rani Laxmibai Sagar] and the generation of power at Rajghat Dam:]
(c) to require the Governments of Uttar Pradesh and Madhya Pradesh to furnish such information as the Board may require in the discharge of its functions.
CHAPTER 04: FINANCE ACCOUNTS AND AUDIT
SECTION 13: BETWA RIVER BOARD FUND
(1) There shall be constituted a Fund to be called the Betwa River Board Fund and then shall be credited there to the sums paid to the Board by the Government of Madhya Pradesh and Uttar Pradesh and all other sums received by the Board.
(2) The fund shall be applied
(a) for meeting the salaries, allowances and other remuneration of the officers and other employees of the Board and other administrative expenses of the Board:
(b) for meeting the expenditure on surveys and investigations undertaken by the Board:
(c) for meeting the cost of construction of the10[Rajghat Dam. the Rajghat Power House and appurtenant works]: (d) for meeting the other expenses of the Board in the discharge of its functions under this Act.
SECTION 14: BUDGET
The Board shall operate in such form and at such time each year as may be prescribed in its budget for the next financial year showing the estimated expenditure, the amount of expenditure which the State Governments of Madhya Pradesh and Uttar Pradesh have undertaken to provide for and forward the same to the Central Government and the and State Governments.
SECTION 15: ANNUAL REPORT
(1) The Board shall prepare in such form and at such lime each year as may be prescribed in its annual report giving a full account of its activities during the previous year and forward copies thereof to the Central Government and that Government shall cause the same to be laid before each House of Parliament.
(2) The Board shall forward copies of its annual reports to the Governments of Madhya Pradesh and Uttar Pradesh.
SECTION 16: ACCOUNTS AND AUDIT
The accounts of the Board shall be maintained and audited in such manner as may, in consultation with the Comptroller and Auditor-General of India, be prescribed.
CHAPTER 05: MISCELLANEOUS
SECTION 17: DIRECTIONS BY CENTRAL GOVERNMENT
In the discharge of its functions, the Board shall be guided by such directions and instructions on questions of policy as may be given to it by the Central Government.
SECTION 18: DISPUTES BETWEEN THE BOARD AND THE STATE GOVERNMENTS
If any dispute arises between the Board and the Government of Madhya Pradesh or Uttar Pradesh or both regarding any matter covered by this Act or touching or arising out of it. it shall be referred to the Central Government and the decision of the Central Government shall be final and binding on the Hoard and the said Governments.
SECTION 19: POWER TO ENTER
Subject to any rules made in this behalf, any officer of the Board generally or specially authorised by the Board in this behalf may. at all reasonable times, enter upon any land or premises and there do such things as may be reasonably necessary for the purpose of lawfully carrying out any works or of making any surveys, examination or investigation, preliminary or incidental to the exercise of any power or the performance of any function by the Board under this Act : Provided that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling house, unless with the consent of the occupier thereof, without previously giving such occupier at least seven days' notice in writing of his intention to do so,
SECTION 20: MEMBERS, OFFICERS AND EMPLOYEES OF THE BOARD TO BE PUBLIC SERVANTS
All members of the Board and the Executive Committee and all officers and employees of the Board shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act to be public servants within the meaning of section 21 of the Indian Penal Code-
SECTION 21: PROTECTION OF ACTION TAKEN IN GOOD FAITH
(1) No suit prosecution or other legal proceedings shall lie against the Central Government or the Government of Madhya Pradesh or Uttar Pradesh or any member of the board or the Executive Committee or any officer or employee of the Board for anything which is in good done or intended to be done under this Act or the rules or regulations.
(2) No suit or other legal proceedings shall lie against the Board for any damage caused or likely lo be caused by anything in good faith done or purported to be done under this Act or the rules or regulations and. in particular, it shall not be the responsibility of the Board to provide for relief measures necessitated by floods or by breaches and failure of works.
SECTION 22: POWER TO MAKE RULES
(1) The Central Government may. by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following mutters, namely:
(a) the composition of and the procedure to be followed by. the Executive Committee and all other matters
(b) the powers and duties which may be exercised or discharged by the Chief Engineer of the Board, under clause (a) of sub-sec. (2) of section 7-:
(c) the terms and conditions of service of the Chief Engineer of. and the Financial Adviser and the Secretary to the Board, under sub-section (4) of section 7-:
(d) appointment of officers and employees of the Board, under sub-section (1) of section 8-:
(e) the form in which and the time at which the budget and annual report of the Board shall be prepared under section 14-. and sub-section (1) of section 15-:
(f) the manner in which the accounts of the Board shall be maintained and audited, under section 16-:
(g) the form and manner in which disputes may be referred under section 18-to the Central Government and the procedure to be followed by the Central Government for the settlement of such disputes.
SECTION 23: POWER TO MAKE REGULATIONS
(1) The Board may, with the previous approval of the Central Government, by notification in .the Official Gazette, make regulations not inconsistent with this Act and the rules, for enabling it to discharge its functions under this Act.
(2) Without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-
(a) the manner in which and the purposes for which the Board may associate with itself any persons, under sub-section (5) of Sec. 4-:
(b) the powers which may be exercised and the duties which may be discharged by the Chief Engineer of the Board. tinder sub-section (2) (b) of section 7-:
(c) the terms and conditions of service of the officers (other than the Chief Engineer of the Board Financial Adviser and Secretary to the Board) and other employees of the Board, under sub-sec. (2) of section 8-.
SECTION 24: RULES AND REGULATIONS TO BE LAID BEFORE PARLIAMENT
Every rule and every regulation made under this Act shall he laid. as soon as may be after it is made. before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if. before the expiry of the session immediately following the session on successive sessions aforesaid. both Houses agree in making any modification in the rule or regulation, as the case may be. or both Houses agree that the rule or regulation, as the case may be. should not he made. the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be: so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.
Footnotes:
1. Enforced on and from 25-10-1976-See Gaz. of Ind.. 23-10-1976, Pt. II. S.3(i). p.2640 (G. S. R. 1518.
D -14-10-761.
2. Board established w.e.f. 5-10-1976-See Gaz. of Ind.. 23-10.1976, Pt. II. Sec.3(i). p. 2640 (C. S. R.
151701 1976).
3. Substituted for clauses (a) and (b) in sub-section (3) by the Betwa River Board (Amendment) Act (47
of 1977). S. 2 (25-12-1977).
4. Substituted clause(G) in Section-3 "Rajghat Reservoir" by The Betwa River Board (Amendment) Act,
1993, August 27,1993 (49 of 1993)
5. Inserted by the Betwa River Board (Amendment) Act (47 of 1977). S. 3 (25-12-1977).
6. Inserted by the Betwa River Board (Amendment) Act (47 of 1977), S. 4 (25-12-1977).
7. Substituted for the words "Rajghat Dam including appurtenant works" by the Betwa River Board
(Amendment) Act (47 of 1977). S. 5 (25-12-1977).
8. Substituted for words "and the regulation of Rajghat Reservoir" by the Betwa River Board
(Amendment) Act 147 ot 1977). S. 6 (25-12-1977).
9. Substituted clause(B) in Sub-section(2) of Secion-12 "Rajghat Reservoir" by The Betwa River Board
(Amendment) Act, 1993, August 27,1993 (49 of 1993)
10. Substituted for the words "Rajghat Dam and appurtenant works" by the Betwa River Board
(Amendment) Act (47 of 1977). S. 7 (25-12-1977).
SCHEDULE 01: DESCRIPTION OF RAJGHAT DAM
The Dam is to be built across the Betwa river about one furlong up-stream of Lalitpur Chanderi Causeway at Rajghat on the river Betwa. District Lalitpur. of Uttar Pradesh. The Dam will comprise a masonry section in the river bed and earthen Hanks on both sides. It will also include the earth dam to be constructed in the saddles on either side for creating a reservoir.
BETWA RIVER BOARD RULES, 1977
G.S.R. 22, 23rd December, 1977
1-In exercise of the powers conferred bySec. 22 of the Betwa River Board Act, 1976 (63 of 1976), the Central Government hereby makes the following rules, namely
PART 01: PRELIMINARY
RULE 01: SHORT TITLE AND COMMENCEMENT
(1) These rules may be called the Betwa River Board Rules, 1977.
(2) They shall come into force on the date of their publication in the Official Gazette
RULE 02: DEFINITIONS
(1) In these rules, unless the context otherwise requires,-
(a) "Act" means the Betwa River Board Act, 1976 (63 of 1976)-;
(b) "Board" means the Betwa River Board;
(c) "Chairman" means the Chairman of the Betwa River Board;
(d) "Chief Engineer" means the Chief Engineer of the Board to be known as the Chief Engineer, Rajghat Dam Project;
(e) "Executive Committee" means the Committee constituted underSec. 5-of the Act;
(f) "Financial Adviser" means the Financial Adviser to the Board:
(g) "Project" means the Rajghat Dam Project;
(h) "Secretary" means the Secretary to the Board.
(2) All other words and expressions used in these rules but not defined and defined in the Act shall have the meanings respectively assigned to them in that Act.
PART 02: THE BOARD
RULE 03: OFFICE OF THE BOARD
(1) The office of the Board shall be located at Jhansi.
(2) The Board may set up a liaison office at New Delhi.
RULE 04: MEETINGS OF THE BOARD
(1) The Board shall hold a meeting ordinarily once in a year: Provided that in case of any urgency, a special meeting of the Board may be summoned at any time by the Chairman.
(2) The meetings of the Board shall be fixed by the Secretary under the orders of the Chairman
RULE 05: PRESIDING OVER MEETING OF THE BOARD
-Every meeting of the Board ________________________shall be presided over by the Chairman of the Board. In case a meeting of the Board duly convened under the orders of the Chairman cannot be presided over by him for some reasons, the meeting may be presided over by the Union Minister incharge of Power who is also a member of the Board.]
RULE 06: QUORUM
-Any five members shall form a quorum at a meeting of the Board.
RULE 07: AGENDA
(1) Under the orders of the Chairman, the Secretary shall prepare and circulate to every member at least fifteen days before an ordinary meeting a list of business to be transacted at that meeting with explanatory notes on each item.
(2) No business, not included in the agenda, shall be transacted without the permission of the Chairman.
(3) The review of progress of the project shall form an item in the agenda of every meeting of the Board
RULE 08: MINUTES
(1) The minutes of every meeting shall be recorded by the Secretary.
(2) After approval of the minutes by the Chairman, the Secretary shall communicate the decisions of the Board to the members, the Governments of Madhya Pradesh and Uttar Pradesh, the Central Government, the Chairman and the Chairman of the Executive Committee
RULE 09: DECISIONS BY THE BOARD
(1) All matters brought before any meeting of the Board shall be decided by a majority of the voles of the members present and voting at the meeting.
(2) The decisions of the Board shall be final: Provided that where with reference to any matter, brought before the Board, the Chairman is satisfied that there is a difference of opinion among the members on any question of policy or the rights of any of the Governments of Madhya Pradesh and Uttar Pradesh, the Chairman shall refer the matter to the Central Government whose decision thereon shall be final.
Explanation 1.-If any member raises in any meeting of the Board a point as to whether a question is a question of policy or whether any rights of the Governments of Madhya Pradesh or Uttar Pradesh are involved in the consideration of a matter before the Board, a decision on the points so raised shall be given by the Chairman.
Explanation II.-Whereas any member dissents from any decision so given by the Chairman, the State Government, which is represented by that member, may represent to the Central Government through the Chairman, and the decision of the Central Government thereon shall be final.
RULE 09A: DELEGATION OF POWERS
4[* * *] 1The Board may delegate to the Chairman of the Executive Committee emergency powers to take decisions and issue sanctions on specific urgent proposals referred to him. The decisions taken and sanctions issued by the Chairman will be brought to the notice of the Executive Committee in its next meeting.
5[(2) * * *]]
PART 03: THE EXECUTIVE COMMITTEE
RULE 10: COMPOSITION
-The Committee shall consist of the following namely: Chairman:
(1) Chairman, Central Water Commission and Ex-officio Secretary lo the Government of India. Member:
(2) Member (Planning and Progress), Central Works Commission and Ex- officio Additional Secretary to the Government of India.
(3) Chairman, Central Electricity Authority or the nominee of the rank of Chief Engineer and above.
(4) Joint Secretary, Department of Power, Ministry of Energy, Government of India.
(5) Financial Adviser, Ministry of Water Resources.
(6) Commissioner (River Basins), Ministry of Water Resources.
(7) Secretary, Finance Department, Government of Madhya Pradesh, or his nominee of the rank of Joint Secretary and above.
(8) Secretary, Finance Department, Government of Uttar Pradesh or his nominee of the rank of Joint Secretary and above.
(9) Secretary, Irrigation Department, Government of Madhya Pradesh.
(10) Secretary, Irrigation Department, or Special Secretary Irrigation Department, Government of Uttar Pradesh
(11) Engineer-in-Chief, Irrigation Department, Madhya Pradesh or his nominee of the rank of Chief Engineer.
(12) Engineer-in-chief Irrigation Department, Uttar Pradesh or his nominee of the rank of Chief Engineer.
(13) Chairman, Uttar Pradesh State Electricity Board or his nominee of the rank of Chief
Engineer.
(14) Chairman, Madhya Pradesh State Electricity Board or his nominee of the rank of Chief Engineer.
(15) Chief Engineer, Rajghat Dam Project.
(16) Financial Advisor to the Board. Secretary:
(17) Secretary to the Boar
RULE 11: MEETING OF THE EXECUTIVE COMMITTEE
(1) The meetings of the Executive Committee shall be held either at Jhansi or at Project site or at New Delhi, as may be decided by the Chairman of the Executive Committee
(2) There shall be not less than one meeting of thc Executive Commitiee in every three months.
(3) The meetings of the Executive Committee shall be fixed by the Secretary under the orders of the Chairman of the Executive Committee.
RULE 12: PRESIDING OVER MEETINGS OF THE EXECUTIVE COMMITTEE
-At every meeting of the Executive Committee, the Chairman of the Executive Committee shall preside and, in his absence, the Chairman of the Central Water Commission shall preside.
RULE 13: QUORUM
(1) Any six members or their duly authorised nominees not below the rank of Additional Chief Engineer/Joint Secretary shall form a quorum at a meeting of the Executive Committee provided that the Chief Engineer, the Financial Adviser and the Secretary of the Board shall not be included in the number of members required to form a quorum.
(2) If within fifteen minutes from the time appointed for the meeting, a quorum is not present, the Chairman may dissolve the meeting or adjourn it to a suitable dale in the same or the following month and the notice of the date, lime and place of the adjourned meeting of the Committee shall be served upon every member of the committee not less than seven clear days before the day appointed for the meeting.
(3) A notice will be deemed to be duly served upon any member of the Committee if it is served on him personally or is sent lo him by registered post at his official address.
(4) It shall be lawful for the members or their duly authorised nominees not below the rank of Additional Chief Engineer or Joint Secretary, present at such adjourned meeting to dispose of the business intended to be transacted at the original meeting irrespective of the number of members present.]
RULE 14: AGENDA
(1) Under the orders of the Chairman of the Executive Committee, the Secretary shall prepare and circulate to every member at least fifteen days before a meeting a list of business to be transacted at that meeting.
(2) No business, not included in the agenda, shall be transacted without the permission of the Chairman of the Executive Committee.
RULE 15: MINUTES
(1) The minutes of every meeting shall be recorded by the Secretary,
(2) After approval of the minutes by the Chairman of the Executive Committee or the member presiding at such meeting, the Secretary shall communicate the decisions of the Executive Committee to the members, the Governments of Madhya Pradesh and Uttar Pradesh, the Central Government and the Chairman of the Executive Committee.
RULE 16: DECISIONS BY THE EXECUTIVE COMMITTEE
-Every question brought before any meeting of the Executive Committee shall be decided by a majority of members present and voting at the meeting before which the matter is brought.
PART 04: OFFICERS AND EMPLOYEES OF THE BOARD
RULE 17: APPOINTMENTS
-Where the Executive Committee makes any appointment of officers or employees on behalf of the Board, all details concerning such appointment shall be placed before the Board at its next meeting.
RULE 18: TERMS AND CONDITIONS OF SERVICE
(1) The Chief Engineer, the Financial Adviser and the Secretary shall hold office for a period of three years: Provided that the Board may, after consultation with the Governments of Madhya Pradesh and Uttar Pradesh, reduce or extend the term of office of the Chief Engineer, the __________________________Financial Adviser and the Secretary.
(2) The post of Chief Engineer shall be filled by rotation from amongst the officers of the
Governments of Madhya Pradesh and Uttar Pradesh.
(3) The pension and leave salary contributions of the Chief Engineer; the Financial Adviser and the Secretary for the period of their deputation with the Board shall be paid to the respective State Governments by the Board
(4) The other terms and conditions of service of the Chief Engineer, the Financial Adviser and the Secretary shall be the same as applicable to the Central Government officers of corresponding status.
PART 05: BUDGET AND ANNUAL REPORT
RULE 19: BUDGET
(1) The Budget of the Board for the next financial year together with the revised budget estimate for the current Financial year shall be prepared by the 1st November each year.
(2) The accounts of the Board shall be maintained in accordance with the genera! principles of classification, as applicable to Government transactions. The expenditure on the project, however, shall be classified on the pattern of model classifications prescribed for Major Projects, with modifications, if any, as approved by the Central Water Commission.
(3) The Budget shall be compiled keeping in view the procedures laid down in Chapter V of Central Public Works Accounts Code and Proforma laid down in Appendix V of Central Public Works Accounts Code. The forms for compilation of accounts by the Divisions and by the office of the Financial Adviser shall be prepared by the Financial Adviser and approved by the Executive Committee in consultation with Comptroller and Auditor General of India.
(4) The demand for grant of works on project shall be abstracted according to Sub- Minor Heads of Accounts viz. A-Preliminary, B-Land, C-Works, Suspense, Other charges, etc. which shall be treated as primary units of appropriation. The detailed heads of account shall be the secondary units of appropriation.
(5) The Chief Engineer will prepare a consolidated budget which will indicate the anticipated expenditure on various Sub-Minor Heads of Account including the anticipated expenditure on Units of Secretary and Financial Adviser. The budget so prepared by the Chief Engineer along with comments of Financial Adviser and replies of Chief Engineer thereto will be placed by the Secretary before the Executive Committee for its approval.
(6) The Chief Engineer shall have full powers to re-appropriate savings from one Sub-Minor head of Account to another. Any re-appropriation from one Minor Head to another like I-Works, II Establishment,
III-Tools and Plants, etc. will be done only after seeking the approval of the Executive Committee.
(7) The Chief Engineer shall allocate grants under each minor head of accounts to the Superintending Engineers who, on their part, will further allocate the funds estimate- wise to the Divisions under their control.
(8) No expenditure shall be incurred on any work for which allocations/provisions do not exist in the approved demand for grants except as provided for under sub-rules (3) and (4)
RULE 19A: ACCOUNTS
(1) Contributions of the State Governments to the Board shall be credited to the Betwa River Board Fund created under See. 13(1) of the Act and expenditure of the Board shall be met from the said Fund.
(2) Accounts of the Board shall be audited by the Comptroller and Auditor General of India.
(3) The audited accounts with the report of the Comptroller and Auditor General of India thereon shall be presented to the Board and copies thereof sent to the Governments of Madhya Pradesh and Uttar Pradesh and the Central Government. The Central Government will cause the annual accounts to be laid before the Houses of Parliament as required under See. 15(1) of the Act along with the report of the auditor].
RULE 20: ANNUAL REPORT
(1) The Board shall prepare its annual report in such a time-frame, so that it can be laid before each House of Parliament within nine months of the close of [he financial year.
(2) The annual report shall give a full account of the income and expenditure during the previous year, the net amounts attributable lo irrigation, power and the distribution of the capital cost between the State Governments of Madhya Pradesh and Uttar Pradesh, and show the progressive total under each of the aforementioned items from the inception of the Board and the up-to-date financial position of the project.
(3) The Board shall forward printed copies of its annual report to.the Governments of Madhya Pradesh and Uttar Pradesh after the same is laid before the House of Parliament)
PART 06: THE FORM AND MANNER IN WHICH A DISPUTE MAY BE REFERRED TO THE CENTRAL GOVERNMENT AND THE PROCEDURE TO BE FOLLOWED FOR SETTLEMENT OF SUCH DISPUTE
RULE 21: APPLICATION
(1) Where any of the State Governments of Madhya Pradesh or Uttar Pradesh or both or the Board desire to refer any matter in dispute between them to thc Central Government under Sec. 18-of the Act, the State Government concerned/the Board shall address a letter in writing in triplicate, signed by its Secretary to the Secretary to the Government of India Department of Irrigation, Ministry of Agriculture and Irrigation and such letter shall, unless delivered personally, be sent by registered post.
(2) Such a letter shall contain specific information on the following points, namely:
(a) the parties to the dispute or difference;
(b) specific matters of dispute/difference between them;
(c) efforts, if any, made by the parties themselves to settle the matter in dispute; and
(d) .specific views (along with supporting data/documents) of the aggrieved party on thc mailer in dispute.
RULE 22: APPOINTMENT OF INVESTIGATOR
-On receipt of such application the Central Government shall appoint the Secretary to the Government of India, Department of Irrigation Ministry of Agriculture and Irrigation, as Investigator.
RULE 23: CO --OPTING MEMBERS TO ASSIST INVESTIGATOR
-The Investigator may co-opt two or more members of the Central Water Commission or Central Electricity Authority to assist him in the investigation of the dispute. The advice of the members shall not be binding on the Investigator.
RULE 24: NOTICE TO PARTIES TO NOMINATE REPRESENTATIVE
- The Investigator .shall, for the purpose of the proceedings before him, require the' parties to the dispute. in _____________________________the form set out in Annexure 'A' to nominate, within a specified time, their representatives to present their case before him
RULE 25: PROCEDURE IF REPRESENTATIVES ARE NOT NOMINATED
-Where any party to the proceedings before an Investigator fails to nominate any representative to present its case before the Investigator within the stipulated period, or where the representative so nominated does not appear before the Investigator, he may proceed as if such partly had been represented.
RULE 26: PRODUCTION OF DOCUMENTS
-The Investigator may require any party to the dispute, in the form set out in Annexure 'B' to produce before him any books, papers or other documents or things in the possession of or under the control of the party, in any way relating to the dispute under investigation, which the Investigator thinks necessary for the purpose of giving his recommendations.
RULE 27: SERVING NOTICE OR ORDER
-Any notice or order issued by the Investigator may be served either personally or by registered post
RULE 28: PROCEDURE AT COMMENCEMENT OF PROCEEDINGS
-At the commencement of the proceedings before the Investigator, each of the parties shall state its case in such order as the Investigator may think fit.
RULE 29: EXAMINATION BY REPRESENTATIVES
-Any representative of the party appearing before the Investigator may examine, cross-examine and re-examine any person, other than a representative of a party appearing before the Investigator, and may address the Investigator in regard lo the matter in dispute in such order as the Investigator thinks fit, after each party to the dispute has presented its case before him.
RULE 30: RECOMMENDATIONS OF THE INVESTIGATOR
-The Investigator shall submit his recommendations to the Board, on the matters referred to him, within as short a time as may be practicable in the circumstances of the case.
RULE 31: PRIME MINISTER'S DECISION TO BE FINAL
-The recommendations of the Investigator shall be discussed in the meeting of the Board and if the dispute is not settled by the Board, the dispute shall be referred by the Board to the Prime Minister, whose decision on the dispute shall be final and binding on the parties to the dispute and shall be given effect to by them]
ANNEXURE(See rule 24-) To the Government of The Secretary the Betwa River Board Whereas there is a mailer in dispute between the Governments of ................... and the Betwa River Board viz........................................... (here enter the matter in dispute) And whereas I have been appointed Investigator under rule 22-, Part VI of the Betwa River Board (Amendment) Rules, 1979 framed underSec. 22 (g) of Betwa River Board Act, 1976 (63 of 1976)-, in respect of the said matter. Now, therefore you are hereby required to intimate lo me not later than the .............. .......................Name(s) and address(es) of the person(s) whom the Government of........ ....................................../Betwa River board has nominated as its representative(s). If no such intimation is received by me by the aforesaid date, the case will be investigated in the absence of any representative of the said Government/Board. Investigator appointed under rule 22, Part VI of the Betwa River Board (Amendment) Rules, 1979, framed under Sec. 22(g) of Betwa River Board Act, 1976.
BETWA RIVER BOARD REGULATIONS, 1978
G.S.R. No. 28(18)/78-GB, dated 21st November 1978 @1 In exercise of the powers conferred by Sec. 23 of the Betwa River Board Act, 1976 (63 of 1976), the Betwa River Board, with the previous approval of the Central Government, hereby makes the following regulations, namely:
REGULATION 01: SHORT TITLE AND COMMENCEMENT
(1) These Regulations may be called the Betwa River Board Regulations, 1978.
(2) They shall come into force on the date of the publication in the Official Gazette.
REGULATION 02: DEFINITIONS
-In these regulations, unless the context otherwise requires,-
(a) "Act" means the Betwa River Board Act, 1976 (63 of 1976)-:
(b) "Board" means the Betwa River Board;
(c) "Chairman" means the Chairman of the Board;
(d) "Chief Engineer" means the Chief Engineer of the Board to be known as the Chief Engineer, Rajghat Dam Project;
(e) "Executive Committee" means the Executive Committee constituted under Sec. 5-of the Act;
(f) "Financial Adviser" means the Financial Adviser to the Board;
(g) "Project" means the Rajghat Dam Project;
(h) "Rajghat Dam" means the Dam described in the Schedule of the Act;
(i) "Secretary" means the Secretary to the Board.
REGULATION 03: ASSOCIATION OF PERSONS TO ASSIST OR ADVISE THE BOARD
(1) The Board may associate with itself, any person or persons or Government, semi- Government, autonomous or private Organisation, to assist or advise the Board in matters directly or indirectly connected with efficient, economic and speedy functioning of the Board, subject to the provisions of the Act.
(2) Without prejudice to the generality of the forgoing powers, the Board may seek assistance or advice for the following purposes:
(i) Investigation, Designs and Planning for construction of Rajghat Dam, Power House and appurtenant works;
(ii) Construction of Rajghat Dam, Power House and appurtenant works;
(iii) Quality Control in the Project:
(iv) Monitoring of construction works on the project:
(v) Research;
(vi) Procurement of construction equipment;
(vii) Procurement of materials of construction;
(viii) Appointment of Arbitrator for claims of contractors;
(ix) Legal proceedings;
(x) Maintenance of Accounts, Financial Control, Cost Accounts and Management Accounts;
(xi) Labour disputes.
(3) Whenever assistance or advice as indicated aforesaid is required, the proposals covering the following aspects shall be submitted by the Secretary, Chief Engineer or Financial Adviser, as the case may be, for consideration and approval of the Executive Committee:
(i) Necessity for assistance or advice.
(ii) Name of the person or persons or organisations from whom assistance or advice is proposed to be sought.
(iii) The period for which such assistance is required.
(iv) Proposed terms and conditions.
(v) Financial implications.
(vi) Recommendations or comments of the Secretary, Chief Engineer and Financial Adviser on the proposals.
REGULATION 04: POWERS AND DUTIES OF THE CHIEF ENGINEER
-Subject to the general superintendence and control of the Board and Executive Committee, the Chief Engineer shall be responsible to-
(i) carry out surveys and investigations in the Betwa Inter State River Valley and prepare a comprehensive project report for the construction of Rajghat Dam, appurtenant works and for the generation of power at Rajghat Dam, including the construction of power house near the dam, and finalise the same after consulting the Governments of Madhya Pradesh and Uttar Pradesh and taking into account the suggestions, if any, made by those Governments;
(ii) prepare detailed reports and estimates in respect of the Project with proposals for sharing the cost by the Governments of Madhya Pradesh and Uttar Pradesh;
(iii) draw up standards and specifications for implementation of the Project and for the maintenance thereof;
(iv) construct the Rajghat Dam and the Rajghat Power House and appurtenant works;
(v) lay down rules of operation and management of Rajghat Dam:
(vi) prepare the Annual Budget, annual construction programme for the Rajghat Dam, the Rajghat Power House and appurtenant works and submit the same to the Secretary for the approval of the Board of Executive Committee, as the case may be;
(vii) compile annual report, and furnish the same to the Secretary;
(viii) furnish expeditiously any data or information required by the Board of Executive Committee as and when intimated by the 4retary; and
(ix) perform any other functions which are supplemental, incidental or consequential to all or any of the functions specified above
REGULATION 05: TERMS AND CONDITIONS OF SERVICE OF OFFICERS AND EMPLOYEES OTHER THAN CHIEF ENGINEER, SECRETARY AND FINANCIAL ADVISER OF THE BOARD
(1) The terms and conditions of appointments on deputation shall be governed by the relevant orders, as obtaining from time to time for Central Government officers of the corresponding category. The pay of the officers and employees shall be regulated in the terms of the provisions of the Ministry of Finance (Department of Expenditure) Memo No. 10(24)-E.III/60, dated the 4th May, 1961, as amended from time to time and as per concessions and .project facilities sanctioned by the Board from time to time.
(2) The pension and leave salary contribution of the officers and employees for the period of their deputation with the Board, shall be paid to the parent department by the Board. @1 [(3) The other terms and conditions of service of the officers and employees shall be the same as are applicable to the Central Government officers of corresponding status. Provided that in the case of employees on deputation, the period of deputation shall normally be 4 years. The Board may, in the public interest extend the period of deputation by one year. The employees shall be entitled to deputation (duty) allowance for the period of deputation (including the period of extension)].
(4) The terms and conditions of employees directly required shall be the same as are applicable to the Central Government employees of corresponding status. 2 [(5) The terms and conditions of retired personnel of the Irrigation Departments of Madhya Pradesh and Uttar Pradesh and from the offices of the Accountants General, Government of India, if re-employed, shall be the same as applicable to the Central Government employees.]
