Betwa River Board Rules, 1977

10 BETWA RIVER BOARD RULES, 1977 AS AMENDED BY NOTIFICATION DA TED 3 1st DECEMBER, 1979. PART-I Prel im inary J. Short title and co mmencement-( J) These rules may be called the Betwa River Board Rules, 1979, (2) They shall come into force on the date of their pub lication in the Offic ial Gazette. 2. Definit ions :-( I) In these ru les, unless the context otherwise requires : (a) "Act" means the Betwa River Board Act, 1976 (63 of (976); (b) "Board" means the Betwa River Board; (c) "Chairman" means the Chairman of the Betwa River Board; (d} "C h ief'E ng iuee r" IJII: ams the Clne f Eng inee r u f the Bua rd tu IJI: known as the Chief Engineer, Rajghat Dam Project; (e) "Executi ve Committee" means the Committee constituted under section 5 oft he Act; (f) "Financia l Adviser". means the Financial Adviser to the Board; (g) "Project" means the Rajghat Dam Project ; (h) "Secretary" means the Secret ary 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 assig ned to them in that act. PART-II The Board 3. Office of th e Board-d ) Th e office of the Board sha ll be located at Jhansi. (2) The Board may set up a lia ison office at New Delhi. 4. Meetings of the Roard-( I) The Ro ard sha ll hol d a meeting ord inari ly once in a year : Provided that in case of any urgency, a spec ial meeting of the Boa rd may be summoned at any time by the Chairman. 11 (2) The meetings of the Board shall be fixed by the Secretary under the orders of the Chairman. 5. Presiding over meetings 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 reason, the meeting may be pres ided over by the Union Minister in charge of Power who is also a member of the Board. 6. Quorum.-Any few members shall form quorum at a meeting of the Board. 7. Agenda.-( I) Under the orders of the Chairman, the secretary sha ll prepare and circulate lu t:vl:ry 11It:lIIlJt:r at lea st fifteen Ui:1Y:S before i:tll ordinar y meeting a list u f business to be transacted at that meet ing with explanatory notes on each item. . (2) No 'business, not included in the agenda, shall be transacted without the permission ofthe chairman. (3) The review of progress of the project shall f orm an item in the agenda of every meeting of the Board. 8. Minutes'.-( I) The minutes ofevery meeting shall be recorded by the secretary, (2) Aller approval of the minutes, by the Chairman, the Secretary shall comm unicate the decisions of the Board to the members the Gove rnments of Madhya Pradesh and Uttar Prades h. the Central Government. the Chairman and the Chairman of the Executive Committee. 9. Decisions by the Board.-( I) All matters bro ught before any meeting of the Board shall be decided by a majo rity of the votes of the members present and vo ting 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 Gove rnment whose decision thereon shall be final. 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 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 11 .-Whereas, any member dissents from any decision so given by the Chairman, the State Govern ment, which is represented by that member, may represent to the Central Gove rnment through the Chairman, and the decision of the Central Government thereon shall be final. "9A. Delegation of Powers.-( I) The Board may delegate to the Chairman of the Executive Committee emergency powers to take decisions and issue sanctions on spec ific urgent proposals referred to him. the dec isions taken and sanctions issued by the Chairman will be brought to the notice of the Executive Committee in its next meeting. 12 (2) The Board may also delegate such powers as it may consider necessary to the Chie f Engineer Rajghat Dam Project , the Secretary and the Financial Advi ser, Betwa River Board." PART-III The Executive Committee 10. Co mposition.- The Committee shall cOI !sist of the following namely: Chairman : I. Chairman, Centra l Water Commission, Ex -Officio Secretary to the Governmentof India Members: (2) Chairman, (Planning & Progrcss),Ccntrai Water Commission, and cx-ofJicio Addit ional Secretary to the Go vt. of India (3) Chairman, Centra l Electricity Author ity, or his nominee ofthe rank of Chief Engineer and above. (4) Joint Sec retary. Department of Power, M inistry of Energy, Govern ment of India. 1 (5) Financial Adviser, Ministry of Water Resources 6) Commissioner (River Basin), Ministry of Water Resources (7) Secretary, Finance Department, Go vernment of Madhya Pradesh, or hisnomineeof 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 , Irr igation Department, Go vernment of Madhya Pradesh. (10) Secretary, Irrigation Department or Special Secretary, Irrigation Department, Government of Uttar Pradesh. (I I) Engineer-in-Chief, Irrigation Department, Madhya Pradesh or his nominee of the rankof Chief Engineer. ( 12) Chief Engineer, Irrigat ion Department, Uttar Pradesh or his nominee ofthe rank of Chief Engineer. ( 13) Chairman, Uttar Pradesh State Electricity Board or his nominee of the rank of Chief Engi nee r ( 14) Chai rma n, Madh ya Pradesh State Electrici ty Board, or his nominee of the rank of Chief Engineer ( IS) Chief Eng ineer, Ruj ghut Dum Proj ect. (16) Financial Ad viser to the Board. Secretary: ( 17) Secretary to the Boa rd. 13 II. Meeting of the Executive Committee.-( I) The meetings of the Exec utive 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 the Executive Committee in ev ery thr ee months. (3) The meetings or the Executive Committee shall be t1xed by the Secreta ry under the orders of the Chairman of the Executive Committee. 12 . Pres iding over meetings of the Executive Co mmittee.-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 . 13. Quorum.-(I) Any six member s or their duly authorised nominee s not below the rank ofAddit ional Chief Engineer/Jo int Secretary shall forrn a quorum at a meeting of the Ex ecut ive Committee , provided that the Chief Engineer , The Financial Advise r and the Secretary of the Board shall not be included in the number of members required to form a quorum . (2) If within fi fteen 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 date in the same or the following month and the notice of the date, time and place of the adjo urned meet ing 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 to him by registered post at his officia l address. ( 4) It shall be lawful for the membe rs or their duly authorised nominees not below the rank of Additional Chief Engineer or Joint Secretary, present at such adjo urned meeting to dispose of the business intended to be transacted at the original meeting Irrespective of the number of members present . 14. Agenda.-(l) Under the orders of the Chairman of the Executive Committee, the Sec retary shall prepare and c irculate to every memb er at least fi fteen clays 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. 15. Mi n utes .cf I) The m inutes of every meeting shall be rec orded by the Secretary. (2) After approval of the minutes by the Chairman of the Executive Committee or the member presidi ng at such meeting, the Secretary shall co mmunicate the decis io ns 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. 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. 14 PART-IV Officers and Employees of the Board J. Appointments.-Where the Executive Committee makes any appointment of office rs or employees on behalf of the Board. all details concerning such a ppointme nt shal l be placed before the Board at its next meetin g. 18. Te nus and conditions of scrvicc.-( 1) The Chief Eng ineer, the Financi al Ad viser and the Secretary shall hold office lo r a period of three years: • Provided that the Board may, after consultation with the Go vernments of Madhya Pradesh a nd Utta r Prad esh , reduce or ex tend the term o f offic e o f the Chief Eng ineer, the Financial Adviser and the Secretary. (2) The post of Chie f Engineer shall be Iilled by rotation trom amongst the o fficer s o f th e Gove rnments o f M adhya Prad esh an d Uttar Pradesh. (3) The pension and leave sa lary contributions of 'the Chief Engineer, the Financia l 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 term s and conditions of service of the Chief Engineer, the Financial Adviser and the Secretary shall be the same as applicable to the Central Go vernment offi cers of corresponding status. PART-V Budget and Annual Report 19. Budget -( I) The Budget of the Board lor the next Fina lie ial year togeth er with the revised budget est imate fo r the c urre nt fina ncial yea r shall be prepared by the 1st November each year. (2) The accounts of the Board shall be maintained in accordance with the general principles of classificat ion, as applicable to Government transaction s. The expend iture on the project, however, shall be classifi ed on the pattern of model classifications prescribed for Maier Proiects. with modifi cations. if any as approved by the Central Water Commission. (3) The Budget sha ll be compiled keeping in view the procedur es laid down in Chapter-V of Centra l Public Works Accounts Code and proforma laid down in Appendix V of C en u a l Publ ic WUIk::.A cco unts Code. The forms for compilation of accounts by the Divisions and by the office o f 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 lor grant of works on proj ect shall be abstracted according to Sub M inor Heads of Account s viz, A--Prelim inary, B-Land. CvWorks, suspense. other charges etc. which shall be treated as primary units of appropriation. The detailed heads 0 1 accounts shall be thc secondary units of appropriation. (5) The Chief Engineer will prepare a consolidated budget which will indicate the ant icipated expenditure on various Sub-Minor Heads of Account inc luding the anticipated expenditure on Units of Secretary and Financia l Adviser. The budget so prepared by the Chief Engineer alongwith comments of Financial 15 Adviser and replies of Chief Engineer there in will be placed by the Secretary before the Executive Committee for its approval. (6) The Chief Engineer shall have full powers to reapp ropriate savings from one Sub Minor Head of Account to another. Any reappropriation from one Minor Head to another like l-Work s. ll- Establlshm ent . III-Tool s and Plants, etc. will be done only after seeking the approval of the Executive Committee. (7) The Chief Engineer, shall allocate grants under each minorhead ofaccounts to the Superintending Engineers. who on theirpart, will further allocate the funds estimatewise 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) . "19 A Aeeounts.- ( I) Contributions of the State Go vernments to the Board shall be credited to the Betwa River Board Fund created under section 13 (I) of the Act and expenditureof the Boardshall be met from the said Food. (2) Acco unt s uf the Buan.l shal l be uudl ted by the C ourpuoll er and Auditor Gene ra l uf India. (3) The audited accounts with the report of the Co mptroller and Auditor General of India thereon shall be presented to the Board and cop ies thereo f 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 section 15 ( I) of the Act alongwith the report of the auditor." 20. Annu al Report-( I) The Board shall prep are its annual report before the expiry of six months of the end of the financial year. (2) The annual report shall give a full account of the income and expenditure during the previous year, the net amounts attributable to 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 fromthe inception of the Board and the upto date financial position of the Project. (3) Printed copies uf the a nn ua l report shal l be uradc available to the ccuuul Gove rnment and the state Gove rnments of Madhya Pradesh and Uttar Pradesh by the 15th of October of each years. PART-VI FORMS AND MANNER IN WHICH A DISP UTE MAY BE REFERR ED TO TIl E CENT RAL GOVERN MENT AND TilE PROCED URE TO BE FOLLOWE D FOR SETTL EMENT OF SUCII DISP UTE. 2 1. 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 the Central Govern ment under section 18 of the Act. 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. 16 (2) Such a letter shall conta in speci fic informatio n on the follow ing points, namely: (a) the p art ie s to the d ispute o r d iffe rence . (b) specific matters or dispute/d itTerenee between them. (e) effo rts i f any, made by the parties themselves to settle the matter in d ispute, and ' (d) specific views alongwit h supporting data/docum ents of the aggrieved party on the matter in dispute. 22. APPO INTM ENT O F INVESTIGATO R.-On rece ipt or such appllcatlon the Central Go vernment shall appoint the secretary to the Go vernment of India, Depa rtment of Irrigation, Mi nistry of Agriculture and Irrigation, as Investigator. 23. COOPTING MEMB ERS TO ASS IST INVESTIGATOR.-The Investigator may coo pt two or more members of the Central Water Commission or Central Electricity Authority to ' ass ist h im in th e investiga tion o f th e di spute The advise of the mem bers shall not be binding on the Invest igator . 24. NOTICE TO PARTIES TO NOMINATE REPRESENTATlV E.-The Investigator shall, for the purpose of the proceedings before him , require the part ies to the disput e in the form set out in Annexure-A' to nom inate, with in a specified time, their representat ives to present thei r case be fore him. 25. Procedure if Representatives are not nominated.-Where any party to' the proceedi ngs before an Investigator fails to nominate any repr esentat ive to present its case before the Investigator within the stipulated per iod , or where the representat ive so no min ated does not ap pear befo re the Investigato r, he may proceed as if such party had been represented. • 26. Production ofDocuments-The Investigator may require any party to the dispute , in th e form set out in An nexure 'R' to' prod lice hefnre him any hook s, paper s or oth er documents or things in the possession of or under the contro l of the party, in any way relat ing to the dispute under inves tigation, which the Investigator thinks nece ssary lor the purpose of giving his recomm endations. 27. Serving Notice or Order-Any notice or order issued by the Investigator may be served either personally or by registered post. 28. Procedure at Co mmencement of Pr oceedin gs. cAt the co mmenc e ment of th e proceedings before the Investigator , each of the partie s shall state its case in such order as the Investigator may think fit. ?Q F v a min a rio n hy Rq JrP <:.p n fn f i v p <:. A ny rpprp "pntnt ivp n fthp p Hrty Hr p pnri ne h pfnrp the Investigator may examine, cro ss examine and re-exam ine any person, othe r than a representative of a party appea ring before the Invest igator , and may address the Investigator in regard to the matte r in disput e in such orde r as the Investigator thinks fit•. afte r eac h party to' the dispute has presented its case before him . 30. Recommendations of the lnvestigator.-The Investigator shall submit his reco mmendations to the Board, on the matte rs refe rred to' him, within as short a time as may be practicable in the circumstances of the case. Prime Minister's Decision.; to be jinal.- The recomm end ations of the Investigator shall be diseussed in the meeting or the Board and iI' the dispute is not settled by the Board , the d ispute shall be referred by the Board to the Prime Minister whose decision on the d ispute shall be final and bind ing on the part ies to the d isput e and shall be given effect to by them . 17 ANNEXURE-A (See rul e 24) 1..0 to the Government .of The Secretary the Betwa River Board Whereas there is a mutter in di spute between the Go vernme nts .o f. and the Betwa River Board viz (hereenterthe . matter in dispute). And whereas. I have been appo inted Investigator under Rule 22 Part-VI of the Betwa River Board (Amendment) Rules. 1979 framed under section 22( g) .of Betwa River Board Act . 19 76 (6 3 .of 1976) . in respec t .of the said matt er. Now, therefore you arc hereby required to intimate to me not later than the . . . . . . . . . . . . . . . . Name (s ) and address ( es ) .of the per son (s ) whom the Government .of Betwa River Board has nominated as its representative (5). If no such intimation is received by me by the aforesaid date, the case will be investigated in the absence .01' any representative .of thc said Government! Board. Date I . ....•..•..• Investigatorappointed under rule 22 Part VI .of the Betwa River Board (Amendment) Rules. 1979 framed under section 22 (g) .of' thc Bet wa River Board Act. 1976. ANNEXURE-B (S ee rule 26) T u Whereas there is a matter in dispute between the Government .of . . . . . . . . . . . . . . . . . . . . . and Betwa River Board viz (here enter the matter in dispute) and that matter has been referred lO the undersigned far in vestigation under rule 22 part-VI .of the Betwa River Board (Amend ment) Rules 1979. fram ed under section 22 (g) .ofthe Betwa River Board Act. 1976 (6 3 .of 1976). Now, therefore, you are hereby required to appear before me in person an the day .of.. c!oek in the . I n nncwe r al l m nte rinl q ue st io n s rel ati ng I n the sai d matt er, ynll MI' al so' required I n produce on the day all the books, papers and other documents in yourpossession .or under your control, in any way relating to the matter. Date . Investigator appointed under rule 22 Part VI .ofthe Betwa River Board (A mend ment) Rules. 1979 framed under section 22 (g) .of thc Betwa River Board Ac t, 1976 . [Na. 3/79 F. No. 18 (52) 176-GBIP. (IV)] N. L. SIIANKARAN, Jt . Sec retary