Betwa River Board Act, 1976 (Act No. 63 of 1976)

THE BETWA RIVER BOARD ACT, 1976 (No. 63 of 1976, 10th April, 1976) As amended by Notification dt 26-12- 1977 (No.4 7 of 1977) An Act to. provide for the estab lishment 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 regul ation of such reservoir. Be it enacted by Parliament in the Twenty-seven th Year of the Repub lic of India as follows : CHAPTER I Preliminary L (I ) This Act may be called the-Betwa River Board Act, 1976. (2) It shall come into force on such date as the Central Government may, after consultation with the Government of Madhya Pradesh and Uttar Pradesh, by notification in the Official Gaze tte, appoint. Short titleand commencement 2. It is hereby declared that it is exped ient in the publ ic interest that the Central Government should take under its control the regulation and development of the inter state Bctwa River and River Va lley to the extent hereinafter provided , Declaration as to expediency of control by the Union. Definitions.3. 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 Co mmittee" means the Exec utive Co mmittee con stituted under section 5; (d) "member" means a member of the Board and includes the Chair (c) "prescribed" means presc ribed by rules made by the Ce ntral Govt. under section 22; L I I I Eatubhahmc nt and incorporation of the Betwa River Board. 2 (f) "Rajghat Dam" means the Dam described in the Schedule; (g) "Raj ghat Reservoir" means the reservoir created by the construct ion 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. CIIAI'TER II Estahlishment of the Hoard 4 . (1) With e ffect fro m suc h date as the Centra l Go vernme nt may, hy no tification 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 seal with power, subject to the provisions of this Act, to acquire , ho ld and dispose of propert y, both mo vable and immovab le , and to contrac t and shall. by the said name sue and be sued. (3) The Union Minister in charge ofl rrigation shall be the Chairman of the Board and the other members of the Board shall be the following, namely, (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 Depan mem in charge of power as may be specified in this behalf by the Union Minister in charge of Power; (b) the Chief Ministers of Madhya Pradesh and Uttar Pradesh; and (c) the Ministers of Madhya Pradesh and Utta r Pradesh in charge of Finance, Irrigation and Power. Provided that when a proclamation made under article 356 of the constitution is in force in relation to the State of Madhya Pradesh or Uttar Pradesh, the Central Government may appoint three persons to represent such State on the Board and the persons so appoi nted shall vacate their offices upon the revocation or cesser of ope rat ion o f suc h 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 entitle d to vote. (5) Th e Board ma y associate w ith itsel f, in such manner and for such purposes as ma y be determined by regulations, 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 for which he has been associated, but shall not entitled to vote. 3 5. ( I) The Central Gov ernment may, by notific ation in the Offi cial Gazette, Executive Committee constitute an Executive Committee consisting ofofficers of that Govemment and officers of the Governme nts 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 commiuee; (b) the Governments of Madhya Pradesh and Uttar Pradesh shall have equal representation. (3) Subject to the general superintendence and control of the Board, the management of the affa irs of the Board shall vest in the Executive Committee and the Chairman and other mem bers of the Committee shall ass ist the Board in such mann er as the Bo ard 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. 6 . N o act or proceedin g of the Board or the Executive Co mm ittee shall be invalidated by reason of (a) any vacancy in the Board or the Executive Committee; (b) any defec t 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. Vacancies. etc. not to invalidate proceedings of the Board or the F "f'('l1tiv l' C om, mittee. 7. (I ) The Central Government may, after consultation with the Governments of Madhya Pradesh and Uttar Pradesh, appo int an Eng ineer (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 Gove rnment shall, so far as practicable, ensure that officers Ii u ru thc :sa llit: Sta te UU uuthul d the pusts u f Chi ef'E ngi ueer and Secret ary at the same time. 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 co ntrol of the Doard. and the Executive Committee, the Chief Engineer of the Board appointed under suh-section (I ) shall be the Chief Executive Officer of the Board and shall exerc ise 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 detenmined by regulations. Chief Engineer and Financial Adviser. 8. (I ) Subject to the rules, the Board may appoint such officers and employees as itOther Officers employees of Board. 4 (3) The Financial Adviser appointed under sub-section ( I) shall be the Chief Accounts Officer of the Board. ( 4) The term s and co nditions of serv ice 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. and the may deem necessary for the efficient discharge of its functions; Provided that the Board shall, as far as practicable, utilise the services of the ollicers and employees offered by the Governments of Madhya Pradesh and Uttar Pradesh in such a manner that equal representatio n is given to the two States. (2) The teoms and conditions of service of the officers and employees of the Board shall be such as may be determined by regulations. Advisory Com mittees. Functions of the lJoard. 9. Subject to the rules, the Board may from time to time, constitute one or more Advisory Committees to assist the Board and the Executive Committee in the effic ient discharge of their functions. CHAPTER III Functions and powers of the Board 10. Subject to the other provisions of this Act and the rules, the Board may, if satisfied that the Governmen ts of Madhya Pradesh and Uttar Pradesh have co mplied w ith or arranged to comply with the conditions specified in section II , (a) carry out surveys and investigat ions in the Betwa Inter-State river valley and pn:pan: a co mprehensive proj ect repo rt for the co nstruction of Rajghat Dam and appurtenant works and for the generation of power at Rajghat Dam, including the construction of a power house (hereinafter referred to as the Rajghat Power House) near the dam and appurtenant works and finalise the same after co nsulting the Governments of Madhya Pradesh and Uttar Pradesh and taking into accou nt the suggestions if any made by those Governments; (b) prepare detailed repor ts and estimates ill respec t o f the Project and allocate the r-oe t a mo no the Govern me nts n f M ad hv a P rad esh a nd l ltta r P radeeh (c) draw up standards and specifications for implementation of the projec t and for the maintenance thereof; (d) construct the Rajghat Dam and the Raighat Power House and the cornman carrier from the darn to irrigate areas in Madhya Pradesh and Uttar Pradesh; (e) J::IYdown nil es of operafion and managem ent of Raj ghat Darn ; (f) perform any other function which is supplemental, incidental, or consequential to all or any of the functions specified in clauses (a) to (e). 5 I J. ( I) The exercise by the Board of the functions specified in section 10 shall be subject to the fo llowing co nditio ns, namely : Conditions subject ( ~ which~eB~ ii) that the Governments of Madhya Pradesh and Uttar Pradesh shall at may exercise its II . k h . C ' f h B d . bl . . h functions.a times rna c, to t C suttatuctron 0 t c oar , suite c prOVI310n 3 U3 to t c mone y s, land facilities and electrical power for construction and all other things required by the Board. (iii) that the liability for the entire expenditure on the 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 Gove rnments of Madhya Pradesh and Uttar Pradesh in such proportion as may be specified by the Boa rd; Provided that the Board may specify different proport ions for d ifferent 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 part icular make ava ilable to the Board the land and electric power required by it for construction purposes U3 exp ed itio us ly 03 possible. (2) For the purposes of clause (ii) of sub-section (I) the expenditure on the Rajghat Dam sha l I include the ex penditure incu rred by the Gove rnment of Uttar Pradesh on the Rajgha t Dam Project befo re the .establishment of the Board and the Board shall determin e the amount of expenditure so incurred by the Government of Uttar Pradesh and the extent to w hich it aholl be reimbu rsed by the Governme nt of Ma dhya Pradesh . 12. (I ) Subjec t to the provisions of this Act and the rules, the Board shall Powers of the Board. have the power to do anything w hich may. be necessary or ex pedient for the purpose of canying out its functions under this Act. (2) Without prejud ice to the generality of the foregoing provision, such power shall incl ude the powers (a) to acquire, hold and dispose of such propert ies both movab le and immovable as the Boa rd deems necessary; (b) to pub lish statistics or other information relating to the various aspects of flood control and drainage in the Betwa River valley the regulation of Rajghat Reservoir and the generation of power at Rajghat Dam; (c) to requi re the Gove rnments of Uttar Pradesh and Madhya Pradesh to furnish such information as the Board may require in the discharge of its funct ions. CHAPTER IV Finance, Acco unts and Au d it 13. (I ) There shall be constituted a Fund to be called the Betwa River Board Fund and there shall be credited thereto the sums paid to the Doard by the Go ve rnme nts of Madhya Pradesh and Uttar Pradesh and all other sums received by the Board. Betwa River Board Fund. 6 (2) The fund shall be applied {a] for meeting the salaries, allowances and other remuneration of the otlicers 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 ofthe Rajghat Darn, the Rajghat Power Ilouse and appurtenant works; ( d) for meeting the other expenses of the Board in the discharge of its functions under this Act. Budget. Annual Report . Accounts and audit. 14. The Board shall prepare in such form and at such time each year as may be prescribed its budget for the next financial year showing the estimated expenditure, the amount o f ex pe nd iture which the State Govern ments of M adhya Pradesh and Utta r Pradesh have undertaken to provide for and forward the same to the Central Government and the said State Governments. 15. ( 1) The Board shall prepare in such form and as such time each year as may be prescribed 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 sa me to be laid befor e eac h Hou se o f Par liam ent . (2) The Board shall forward copies of its annual reports to the Governments of Madhya Pradesh and Uttar Pradesh, 16. 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 pre scribed CHAPTE R V Miscellaneous Directions by 17. In the discharge of its functions, the Board shall be guided by such Central Govern- directions and instructions on questions of policy as may be given to it by the ment. Central Government. Disputes between the Boa rd and the State Governments. Power to enter. 18 . If any d ispu te arises between the Bo ard and the Govern ment 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 Board and the said Governments. 19, 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 of 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. 45 of 1860. 7 Provided that no person shall enter into any building or upon any encl osed court or garden attached to a dwelling house, unless with the consent of the occupier the reof, without previously givmg such occupier at least seven day s' nonce In writings a t hIS intenti on to do so. 20. All memb ers a t the Hoard and the Exec utive Co mmittee and all officers and Members, officers employees of the Board shall be deem ed, when acting or purporting to act in pursuance of and employees of any the provisions of this Act to be public se rvants within the meanin g of section 21 of the Board to be the Indian pen al Ce de. ~~~~~t ion servan~~ action taken in 2 1. ( I) No suit, prosecution or othe r legal proceedin gs shall lie aga inst the Ce ntral good faith. Government o r the Madhya Prade sh or the U ttar Prade sh or any member of the Doard o r Executive Committee or any officer or empl oyee of the Board for anything which is in goo d faith done or intended to be done under this Act or the rules or regulations. (2) No suit or other legal proceedings shall lie again st the Board tor any damage caused or likely to be caused by anyt hing in good fait h do ne or purported to be do ne under this Act or the rules or reg ulations and, in part icular, it sha ll not be the responsibility of the Board to provid e for relief measures necessitated by floods or by breaches and failureof works. (I) T he Central Government may, by notific ation in the Offic ial Gazette, make rules for carrying o ut the purp oses of this Act. Power to make rules. (2) In particular and without prejudice to the genera lity of the fore goin g power, such rules may provide tor a ll or any a t the following matters, namely : (a) the composition of, and the procedure to be foll owed, by the Execu tive Committee, and all other matters relating to the Executive Committee, under sub-section (2) and (5) of section 5; (b) the powers and duties whic h may be exercised or discharged by the C hief Engi neer of the Boa rd, under clause (a ) of sub-sec tion (2 ) of sec tion 7; (c) the term s and co nditions of service of the Chief Engi neer , and the Financial Adv iser and the Secretary to the Board, under sub-section (4) of section 7; (d) appo intment of officers and employees of the Board, sub-sec tion ( I) ofsection 8; (e ) the form in which and the time at which the bud get and annual report of the Board sha ll be prepared, under section 14 and sub-section ( I ) of section 15 ; (t) the manner in w hich the accounts of the Doard shall be maintained and audited , under section 16; (g) the form and mann er in which disput es may be referred under sec tion 18 to the Centra l Government and the procedure to be fo llowe d by the Central Government for the sett lement of. such disputes. 23. (I ) The Board may, with the previous approva l of the Central Govern rnent, by notification in the Offi cia l Gazette, make regulat ions not inco nsisten t with this Act and the rules, for enab ling it to discharge its functions under th is Act. Power to regulations. ma ke ,7 Rules and regu lations to be laid before Parlieuueut. (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 assoc iate with itself any persons, under sub-section (5) of section 4; (b) the powers which may be exercised and the duties which may be discharged by the Chief Engineer of the Board, under sub-section (2) (b) of section 7; ( c ) the terms and conditions of service o f the officers (othe r than the Chief Enginee r o f the Board, Financial Adviser and Secretary to the Board) and other employees of the Board, under sub-section (2) of section 3. 8 24. Every rule and every regulation made under this Act shall be laid, as soon as may he 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 sess ions and if. before the expiry ofthe sess ion immediately following the sess ion or 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 be 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 ofanything previously done under that rule or regulation. 9 THE SCHEDULE [See section 3 (if) 1 Descript ion of Rajghat Dam The Dam is to be built across the Betwa River about one furlong upstream 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 earthern flanks on both sides. It will also include the earth dam to be constructed in the saddles on either side for creating a reservoir. K. K. SUNDARAM Secy. to the Govt, ofl ndia. 9