SUBORDINATE LEGISLATION UNDER THE BRAHMAPUTRA BOARD ACT, 1980 Appointed under clause (e) ofsub-section {3) ofsection 4 Member (Floods), To represent the Member Central Central Water Water Commission Commission Shri G. N. Rao, To represent the Member Chief Engineer Central Electricity Central Electricty Authority Authority ’ Director Engineering, To represent the Member Geology division, Geological Survey Geological Survey Of of India India, Nowgrim Hills, Shillong Dr. P. K. Das, To represent the Member Director-General Indian Meteorological of Meteorology "Department ‘ [Ministry of Irrigation No. 1.81 BC.]
[Gazette of India, Extraordinary, 1981 Part II, Section 3(2), Page 1600].
DEMARCATING THE LIIVIITS OF BRAHMAPUTRA VALLEY FOR THE PURPOSES OF THE ACT S. O. 1926 dated the 28th April, 1982 - In exercise of the powers conferred by sub-section (1) of section 11 of the Brahmaputra Board Act, 1980 (46 of 1980) the Central Government hereby demarcates for the purposes of the Act, the limits of the Brahmaputra Valley as outlined in the map‘ annexed hereto.
[Ministry of Irrigation No. F. 2/81—B.C] [Gazette of India, 1982, Part H, Section 3(ii), Page 2114.]
SPECIFYING THE POWERS AND FUNCTIONS OF THE BRAHMAPUTRA BOARD G.S.R. 497(E), dated the 7th fuly, 1982 - In exercise of the powers conferred by sub—section (2) of section 11 of the Brahmaputra Boardr Act, 1980 (46 of 1980). the Central Government after consultation with the State Governments of Assam, Meghalaya, 4 Nagaland, Manipur, Trpura, Arunachal Pradesh and Mizoram hereby specifies that the Brahmaputra Board shall perform all its , functions and exercise all its powers under the said Act within all the Brahmaputra Valley, the limits whereof have been demarcated under this Ministry’s Notification No. 5.0., 1926 dated the 28th April, 1982.
[Ministry of Irrigation F. No. 30/14/82-F.C] [Gazette of India, 1982, Part II, Section 3(2), Page 217.]
C THE BRAHMAPUTRA BOARD RULES, 1981 3 G.S.R. 676(E), dated the 28th December 1981 - In exercise of the powers conferred by section 28 of the Brahmaputra Board Act, 1980 (46 of 1980), the Central Government hereby makes the following rules, namely :—
1. Short title and comencement.- (1) These rules may be called the Biahmaputra Board Rules, 1981.
(2) They shall come into force on the date of their publication in th Official Gazette.
_‘ See Infra 2 See Supra - 3 Published in the Gazette of India, Extraordinary, 1981, Part - II Section 3(i), page 1954 4 SUBORDINATE LEGISLATION UNDER THE BRAHMAPUTRA BOARD ACT, 1980
2. Definitions - (1) In these rules, unless the context otherwise requries.
(a) “Act” means the Brahmaputra Board Act, 1980 (46 of 1980);
(b) “North Eastern Council” means the council constituted under section 3 of the North~Eastern Council Act, 1971 (81 of 1971);
(2) All words and expressions used in these rules but not defined shall have the meanings respectively assigned to them in e Act.
3. Oflice of the Board - (1) The office of the Board shall be located at Gauhati, Assam.
(2) The Board may set up a liaison office at New Delhi.
4. Meeting of the Board - (1) The Board shall hold be meetings ordinarily twice a year :
Provided that in case of any urgency, a specail 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 orders of the Chairman.
(3) The notice of the date, time and venue of the meeting shall be served upon every member of the Board at least 21 days fore the date fixed for the meeting in the case of normal meetings and 10 clear days in the case of special meetings.
5. Agenda - (1) Under the orders of the Chairman, the Secretary shall prepare and circulate to every member at least fifteen ys before an ordinary meeting and seven clear days before a special meeting, a list of business to be transacted at that meeting .th 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 the progress towards preparation of Master Plan and on any project or scheme under execution with the )ard shall form an item in the agenda of every meeting of the Board.
\/ 6. Presiding over meetings ofthe Board ~ Every meeting of the Board shall be presided over by the Chairman of the Board.
case a meeting of the Board, duly convened, under the orders of he Chairman cannot be presided over by him for some reason, e meeting shall be presided over by the Vice-Chairman.
7. Quorum - (1) Any eleven members shall form a quorm at a meeting of the Board.
(2) If a quorum is not available, the Chairman may cancel the meeting or adjourn it and the notice of the date, time and nue of the adjourned meeting of the Board shall be served upon every member of the Board not less than fifteen clear days case of ordinary meetings and seven clear days in special meetings before the day fixed for the meeting. There shall be no quorum quired for such an adjourned meeting.
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(3) A notice will be deemed to be duly served upon any member of he Board, if it is served on him personally or it is served l him personally or it is sent to him by registere/d post at his official address.
' SUBORDINATE LEGISLATION UNDER THE BRAHMAPUTRA BOARD ACT, 1980 5
8. Minutes of the proceedings of meetings - (1) The minutes of proceedings of every meeting shall be prepared 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 Assam, Meghalaya, Nagaland, Manipur and Tripura, Arunachal Pradesh and Mizoram and the North-Eastern Council, the Central Government and the Chairman of the Standing Committee set up by the Board under subsection (8) pf section 4 of the Act.
9. Decisions of the Board - All matters brought before any meeting of the Board shall be decided by a majority of votes of the members present and voting at the meeting of the Board, and in case of an equality of votes, the Chairman shall have a second or casting vote:
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 Assam, Meghalaya, Nagaland, Manipur and Tripura, Arunachal Pradesh and Mizoram, the Chairman shall refer the matter to the Central Government whose decision thereon shall be final:
Provided further that with reference to any financial matter brought before the Board, if the member of the Board representing the Ministry of Finance has any reservations about the proposal, the Chairman shall refer the matter to the Central Government whose decision thereon shall be final.
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Explanation I - 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 any one or more of the governments of Assam, Meghalaya, Nagaland, Manipur, Tripura, Arunachal Pradesh and Mizoram 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 - When 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.
10. Delegation ofpowers : The Board may delegate to the General Manager such powers as it may consider necessary.
11. Terms ofoflice ofmembers - (1) Subject to the provision of section 24 a member other than an ex—officio member shall hold office for a period not exceeding three years from the date of his appointment:
Provided that, notwithstanding the expiration of the respective periods of their appointment such members shall continue to hold office until their successors are appointed.
(2) The Chairman, Vice-Chairman, General Manager or the Financial Adviser may resign his office by writing under his hand, addressed to the Central Government after giving notice of at least three months and subject to such resignation being accepted by the Central Government and effective from the date as may be determined by the Central Government.
(3) The Chairman, Vice-Chairman, General Manager and the Financial Adviser shall draw such salary as may be determined by the Central Government in each case. They will be entitled to travelling allowance and house rent allowance as may be determined by the Board with the approval of the Central Government.
6 SUBORDINATE LEGISLATION UNDER THE BRAHMAPUTRA BOARD ACT, 1980 heir other terms and conditions of service will, in case they are Government servants, be such as are applicable to the Central overnment servants of corresponding status.
1[(4) The Chairman, Vice-Chairman, General Manager and the Financial Adviser shall be entitled to leave, leave salary and ave travel concession as per Central Government Rules as may be applicable to the Central Government servants of corresponding atus. They may also be given medical benefits as may be determined by the Board with the approval of the Central Government.]
(5) The pensioin and leave salary contributions of the Chairman, Vice Chairman, General Manager and the Financial Adviser, on deputation to the Board shall be paid by the Board to the respective State Governments, Central Government, or other lending .thorities.
(6) The Chairman, Vice-Chairman, General Manager and the Financial Adviser who are not Government servants will be titled to the benefit of Contributory Provident Fund of the Board :
I
Provided that the benefit of Contributory Provident fund of the Board shall not be admissible to such persons who have en re-employed and are in receipt of any retirement benefit from the Government in the form of pension or Contributory ovident Fund. They may, however, be permitted to join the Contributory Provident Fund and contribute to it but shall not eligible for the Board’s contribution.
12. Powers and duties ofChairman - The Chairman shall be in overall charge of the Board and shall be wholly responsible ' its efficient Working. He will in addition, discharge such powers and duties as may be delegated to him by the Board.
13. Powers and duties ofVice-Chairman — In the absence of the Chairman, the Vice—Chairman shall preside over the meetings the Board. He shall exercise such of those powers and duties of the Chairman as may be delegated to him by the Chairman :1 also perform such other functions as may be decided by the Chairman.
14. Functions and duties of General Manager — (1) The General Manager, as the Chief Executive Authority of the Board, 111 be responsible for the proper administration of the affairs of the Board. He shall prescribe and assign the duties of all officers 1 staff of the Board who are sub ordinates to him and shall exercise such supervision and disciplinary control as may be necessary i shall co-ordinate the activities of various units under the Board.
(2) The General Manager shall also exercise and discharge usch of the powers and duties of the Chairman, as may be delegated him by the Chairman and as may be determined by regulations.
(3) The General Manager shall also exerecise the powers and duties as hereinafter prescribed undre rule 16 in matters taining to budget and allocation or reappropriation of grants.
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15. Functions and duties ofFinancial Adviser - (1) The Financial Adviser shall be under the administrative control of the ard.
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(2) The Financial Adviser shall advise the Board on all matters relating to revenue and expenditure. He shall have the right refer to the Board any matter which in his opinion ought to be brought to its notice.
abstituted by G.S. R. 813, dated 2—9-82 SUBORDINATE LEGISLATION UNDER THE BRAHMAPUTRA BOARD ACT, 1980 7
(3) The Financial Adviser shall be responsible for the maintenance of the accounts of the Board and conduct internal audit of these accounts.
(4) The Financial Adviser shall also exercise such powers and duties as are herein after prescribed in rule 16 in matters pertaining to the budget.
16. Budget- (1) The Board shall in each year, prepare budget estimates for the ensuing financial year and the revised estimates for the current year showing, the estimated expenditure and shall submit it to the Central Government by 15th October, each year. The revised budget when sanctioned shall supersede the original budget and shall be deemed to be the sanctioned budget for the year.
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(2) No expenditure shall be, incurred until the budget is sanctioned by the Central Government and the expenditure has received the sanction of the competent authorities.
(3) The budget shall be prepared in accordance with such instructions as may be issued from time to time and be in such form as the Central Government may direct. The budget statement shall contain following items :-
(i) the estimated opening balance ,:‘
(ii) the' estimated receipts referred to in sub-section (1) of section 19 of the Act ; and
(iii) the estimated; expenditure classified under the following heads and sub-heads as the Central Government may direct, namely :- Headsi- , .. ‘i T
(a) Administration ;
k i
(b) Surveys and investigation and preparation of Master Plan;
(c) Collection of hydrological and other data and statistics;
(d) Multi—purpoSe river projects - construction;
(e) Multi—purpose river projects - operation and maintenance;
(f) Any other work‘to be taken up by the Board under subsection (2) of section 13 of the Act;
(g) Other activities 3,2,; if ‘ Sub Heads -
(a) Salaries;
(b).Wages;
‘ ~ "T f’
(c) Travel expenses ;
i
(d) Office expenses;
(e) Payments for professional and special services;
(0 Rent, rates and taxes;
(g) Publication;
(11) Major works;' - i
(i) Minor works?“ ll _
(j) Machineryiand equipment;
i
(k) Maintenance;
(1) Suspense; and, .
(m) Other charges;
.4 8 SUBORDINATE LEGISLATION UNDER THE BRAHMAPUTRA BOARD ACT, 1980
(4) Supplementary estimates of expenditure, if any, shall be submitted to the Central Government in such form and on :h dates as may be directed by it in this behalf.
(5) The General Manager shall prepare the budget proposals for all the units of the Board in consultation with the Financial viser. The budget proposal so prepared by the General Manager along with the comments of the Financial Adviser, if any, i the replies of the General Manager thereto shall be placed by the Secretary before the Board for1ts approval
17. Accounts - (1) Contributions of the Central Government and the State Governments to the Board shall be credited o : Brahmaputra Board Fund created under sub-section (1) of section 19 of the Act and expenditure of the Board shall be met In the said Fund.
(2) The forms for compilation of accounts by the Board and1ts various units shall be prepared by the Financial Adviser l approved by the Boardin consultation with the Comptroller and Auditor-General of India.
(3) The accounts of the Board shall be maintained1n accordance with the general principles of classifications, as applicableGovernment transactions ,7, The Board shall maintain accounts of all receipts and expenditure relating to each year and maintain records in such a manner to prepare anually the receips and payment accounts andincome and expnediture account and the balance-shet. These accounts [11 be approved by the Board and audited by the Comptroller and Auditor-General of India.
(4) The annual accounts of the Board along with the Auditor’s report thereon as provided in section 22 of the Act shall submitted annually to the Central Government within six months of the closure of the financial year for being laid on’the )les of both Houses of Parliament.
18. Annual Report - (1) The Board shall prepare its Annual Report within six months of the end of the financial year and ‘ward it to the Central Government for being laid before each House of Parliament.
(2) The Annual Report shall give a full account of the activities of the Board during the previous year and shall include the audited :ounts of the year and the Report of the Comptroller and Auditor—General of India thereon and the Board shall forward copies thereof the Central Government. The Central Government shall cause the same to be laid before each House of Parliament.
(3) Printed copies of the Annual REport shall be made available to the Central Government and the Governments of Assam, thalaya, Nagaland, Manipur and Tripura, Arunachal Pradesh, Mizoram and North—Eastern Council immediately after the Annual port is laid before each House of Parliament. ,3:
1[(4)The Annual Report shall be prepared in the format given in Anexure ‘A’ annexed to these Rules].
19. Powers to enter- Any officer not below the rank of Overseer/ Junior Engineer of the Board, generally or specially authorised 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 cessary for the purpose of lawfully carrying out any ofits worls or of making any survey, examination or investigation, preliminary incidental to the exercise of powers or the performance of the functions by the Board, under this Act;
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Provided that no such officer shall enter in any building or any enclosed court or garden attached to a dwelling house unelss with a consent of the occupier thereof without previously giving such occupier at least seven days notice in writing of his intention to-do.
1 [Inserted by G.S.R. 561(E), dated 4—7—1983.
SUBORDINATE LEGISLATION UNDER THE BRAHMAPU‘I‘RA BOARD ACT, 1980 9 1[ANNEXURE ‘A’ (See Rule 18) (Format of Annual Report) Chapter I— General: Brahmaputra Valley andits flood problems; establishment of Board’s office, giving the list of the > Members of the Board, number of Board’s meetings held and organisational set-up of the Board.
Chapter-II ~ General Review : Administration and Organisation; Finance Accounts and Audit ; Review of progress of works.
Chapter III - Review of progress in preparation of Master Plan; Surveys and Investigations; execution, maintenance and operation of multipurpose dams and other works ; drawing up of standards and specifications for construction, operation and maintenance of dams; phased programme for construction by State Governments of all dams and other projects/ schemes incorporated in Master Plan.
Chapter IV - Meetings of the Brahmaputra Board/ Committees and important decisions taken.
Chapter V - Appendices;
(i) Showing organisational set-up of the Brahmaputra Board.
Note : More appendices may be incorporated as required.
Chapter VI - Accounts. '
(i) Statement of Accounts
(ii) Explanatory Note on the Statement of Accounts.
(iii) Audit report on the Accounts of the brahmaputra Board for the year (1v) Audit certificate
(v) Errata.
(Ministry of Irrigation, File No. 12/81—B.C.)
1 [Inserted by G. S. R. 561 (E) dated 4—7—1983.
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