Bansagar Control Board Act, 1976 (No. 8/17/74-DW-III)

1 No. 8/17/74-DW-III Government of India Ministry of Agriculture & Irrigation (Krishi Aur Sinchai Mantralaya) Department of Irrigation (Sinchai Vibagh) New Delhi, the 30th January’1976 10th Magha 1987 SE RESOLUTION In consultation with the Governments of Madhya Pradesh, Bihar and Uttar Pradesh, it has been decided to set up the Bansagar Control Board with a view to ensuring the efficient, economical and early execution of the Bansagar Project in Madhya Pradesh including all connected works. The Control Board will be in overall charge of the project including its technical and financial aspects. The actual works of construction will be carried out under the direction of the Control Board by the chief Engineer, concerned of the Madhya Pradesh Government. 2. The three States Governments agree to delegate powers to the Chief Engineer, Madhya Pradesh, to contract for works, supplies and services under the direction of the Control Board. The contracts in respect of all works, will however, be executed in the name of the Governor of Madhya Pradesh. 3. The Bansagar Control Board will consist of the following a) Union Minister-in-charge of Irrigation Chairman b) Union Minister-in-charge of Power Member c) Chief Minister of Madhya Pradesh Member d) Chief Minister of Uttar Pradesh Member e) Chief Minister of Bihar Member f) Finance Minister of Madhya Pradesh Member g) Finance Minister of Uttar Pradesh Member h) Finance Minister of Bihar Member i) Irrigation Minister of Madhya Pradesh Member j) Irrigation Minister of Uttar Pradesh Member k) Irrigation Minister of Bihar Member k) Minister-in-charge of Electricity, Madhya Pradesh Member 4. The Chief Minister of Madhya Pradesh, Bihar and Uttar Pradesh will be Vice-Chairman for one year each by rotation, commencing with the Chief Minister of Madhya Pradesh. 5. The Board will be assisted by a Secretary, Financial Adviser and such other staff as may be necessary. 6. The headquarters of the Board will be fixed by the Board. 7. In particular and without prejudice to the generality of the provision in paragraph I above the Bansagar Control Board shall i) Scrutinize the estimate of the project prepared by the Madhya Pradesh Government, advise necessary modifications and recommend the estimate for administrative approval of the Madhya Pradesh Government; ii) Examine and decide all proposals for preparation of designs and for obtaining expert advice; 2 iii) Examine and approve from time to time the delegation of such powers, both technical and financial, as it may deem necessary for the efficient execution of the project, to the Chief Engineer, Superintending Engineer, Executive Engineers and Sub-Divisional Officers engaged in the execution of the project; iv) Examine and, where necessary, lay down specifications and schedule of rates for various classes of works with a view to sound and efficient execution of the project; v) Approve all sub-estimates and contracts the cost of which exceeds the powers of sanction of the Chief Engineer; vi) Lay down guidelines for the preparation of sub-estimates and contracts which may be within the power of sanction of the Chief Engineer, and other project Engineers; vii) Approve all proposals for award of work or supplies on contract other than those based on public tenders and on detailed quantitative estimates and works allotted on work order basis on schedule rates. Note 1): Where total financial liability under a contract is definitely ascertainable at the time of placing the contract and where the contract itself is the result of a public or limited call for tenders, prior submission of the proposals to the Control Board will not be necessary so long as the contract is otherwise within the powers of sanction of Chief Engineer. Note 2): This will not affect the powers delegated from time to time to the Chief Engineer, Superintending Engineer, Executive Engineers and Sub-Divisional Officers. viii) Frame rules as to delegation of power and procedure for the purpose of carrying out its business; ix) Decide the programme of construction of different parts of the project in a co-ordinated manner keeping in view the funds available, the economics of the project and the desirability of obtaining quick results; x) Examine the requirement of funds for the construction of works and other purposes for the execution of the project according to the programme laid down by the Board and advise the apportionment of the expenditure to the three States, keeping in view the agreement between the states on the sharing of costs of the project; xi) Decide on the phased development of water and power and the withdrawals of water from the reservoir during the construction period for irrigation and power purposes with a view to securing best use of water available; xii) Decide the programme of resettlement of persons displaced as a result of the Bansagar project works, scrutinize and approve the estimates of land reclamation and the expenditure incurred in resettlement and re-housing of the displaced persons including land acquisition and connected charges; xiii) Receive monthly progress report both as to works and expenditure in a prescribed from the Chief Engineer, review the progress of different units of the project and lay down steps to be taken to expedite the work. EXECUTIVE COMMITTEE i) Subject to the general superintendence and control of the Board, the management of the affairs of the Board shall vest in an Executive Committee. ii) The Secretary/Additional Secretary to the Government of India, in-charge of Irrigation, shall be the chairman of the Executive Committee and the other members of the Executive Committee shall be the following namely: a) The Chairman, Central Water Commission, and ex-officio Secretary to the Government of India. a-1) The Joint Secretary of the Union Ministry of Energy (Department of Power);* . 3 b) The Joint Secretary in the Union Ministry of Finance (Department of Expenditure); c) The Secretaries in-charge of the finance Department of the Governments of Madhya Pradesh, Bihar and Uttar Pradesh; d) The Secretaries/Irrigation Commissioner-Cum-Principal Secretary in-charge of Irrigation Department of the Governments of Madhya Pradesh, Bihar and Uttar Pradesh; e) Secretary, Electricity Department, Madhya Pradesh Government; f) Engineer-in-Chief /Chief Engineer, Madhya Pradesh, Bihar and Uttar Pradesh; g) Chairman, Madhya Pradesh Electricity Board; h) The Chief Engineer and the Financial Advisor, Bansagar Project; Subject to the rules and the orders 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. The Board will frame its rules of Business. Sd/ (C.C.Patel) Additional Secretary to the Govt. of India ORDER Ordered that this Resolution be communicated to all the State Governments, Union Territories, the Private and Military Secretaries to the President, Prime Minister’s Secretariat, the Comptroller and Auditor General of India, the Planning Commission and all Ministries Departments of Central Government for information. Ordered also that the Resolution be published in the Gazette of India and that the State Governments be requested to publish it in the State Gazettes for general information. Sd/ (C.C.Patel) Additional Secretary to the Govt. of India Included as per Resolution dated the 18th November 1976.