An Act to provide for the establishment of a Board for the planning and integrated implementation of measures for the control of floods and bank erosion in the Brahmaputra Valley and for matters connected therewith.
BE it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows :-
Section 1. Short title and commencement
(1) This Act may be called the Brahmaputra Board Act, 1980.
(2) It shall come into force on 31.12.1951 : vide Notification no.G.S.R.677 (E), dated 28-12-81, Government of India, Exty., P1.II, see.3 (1), P.1960 as the Central Government may, by notification in the Official Gazette, appoint.
Section 2. 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 Brahmaputra river valley to the extent hereinafter provided.
Section 3. Definitions
In this Act, unless the context otherwise requires,-
(a) "Board" means the Brahmaputra Board established under section 4 ;
(b) " Brahmaputra Valley" means the inter-State Brahmaputra river valley as demarcated under section 11;
(c) "Fund" means the Brahmaputra Board Fund constituted under section 19 ;
(d) " Master Plan" means the Master Plan for the control of floods, bank erosion and improvement of drainage in the Brahmaputra Valley prepared under section 12 and includes, where it is prepared in parts each part;
(e) "member" means a member of the Board;
(f) "Prescribed" means prescribed by rules made under this Act;
(g) "regulations" means regulations made by the Board under this Act;
(h) "rules" means rules made by the central Government under this Act;
(i) "State Government", in relation to a Union territory, means the administrator thereof appointed under article 239 of the constitution.
Section 4. Establishment and incorporation of the Brahmaputra Board
(1) With effect from such date as 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 Brahmaputra 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, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue and be sued.
(3) The Board shall consist of the following members, namely : -
(a) a chairman and a Vice-Chairman to be appointed by the Central Government;
(b) the General Manager of the Board and the Financial Adviser to the Board, ex officio;
(c) a member each to represent respectively the Governments of Assam, Meghalaya, Nagaland, Manipur and Tripura and the Administrations of Arunachal Pradesh and Mizoram, and the North-Eastern council constituted under section 3 of the North-Eastern Council Act, 1971(84 of 1971), to be appointed by the Central Government ;
(d) a member each to represent respectively the Ministries of the Central Government dealing with agriculture, irrigation, finance, power and transport to be appointed by the Central Government;
(e) a member each to represent respectively the Central Water Commission, the central Electricity Authority the Geological Survey of India Meteorological Department, to be appointed by the Central Government.
(4) If any member, for infirmity or otherwise, is incapable of carrying out his duties or is absent on leave otherwise than in circumstances not involving the vacation of his appointment, the central Government may appoint another person to act in his place.
(5) Any officer of the Central Government, not being a member of the Board, if deputed by that Government in this behalf, shall have the right to attend the meetings of the Board and take part in the proceedings thereof, but shall not be entitled to vote.
(6) The Board may associate with itself, in such manner and for such purposes as may 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 be entitled to vote.
(7) No act or proceeding of the Board shall be invalidated merely by reason of -
(a) any vacancy in, or any defect in the constitution of, the Board ; or
(b) any defect in the appointment of a person acting as a member of the Board ; or
(c) any irregularity in the procedure of the Board not affecting the merits of the case.
(8) Subject to any rules made under this Act, the Board may constitute a Standing Committee consisting of the General Manager of the Board, Financial Adviser to the Board and three other members of the Board.
(9) The standing Committee constituted under sub-section (8) shall perform, exercise and discharge such of the functions, powers and duties of the Board as may be prescribed or as may be delegated to it by the Board.
Section 5. Conditions of service of members
The term of office of the members (other than the ex officio members) and other conditions of service of the members shall be such as may be prescribed.
Section 6. Powers of Chairman and Vice-Chairman
(1) The Chairman shall, in addition to presiding over the meetings of the Board, exercise and discharge such powers and duties of the Board as may be delegated to him by the Board and such other powers and duties as may be prescribed.
(2) The Vice-Chairman of the Board shall exercise and discharge such of the powers and duties of the Chairman as may be prescribed or as may be delegated to him by the Chairman.
Section 7. General Manager
(1) The central Government shall appoint the General Manager of the Board.
(2) The terms and conditions of service of the General Manager shall be such as may be prescribed.
(3) Subject to the general superintendence and control of the Board and the Chairman of the Board, the General Manager shall be the Chief Executive Authority of the Board.
(4) The General Manager shall exercise and discharge such of the powers and duties of the chairman as may be prescribed or, as may be delegated to him by the Chairman, and such other power and duties as may be prescribed by rules or determined by regulations.
Section 8. Financial Adviser
(1) The Central Government shall appoint the Financial Adviser to the Board.
(2) The terms and conditions of service of the Financial Adviser shall be such as may be prescribed.
Section 9. Chief Engineers, Secretary and other officers
(1) The Central Government shall appoint-
(a) two Chief Engineers to assist the General Manager of the Board; and
(b) the Secretary to the Board.
(2) The Board may appoint such other officers and employees as it considers necessary for the efficient discharge of its functions under this Act.
(3) The terms and conditions of service of the Chief Engineers, the secretary and other officers and employees of the Board shall be such as may be determined by regulations.
Section 10. Advisory Committees
Subject to any rules made in this behalf the Board may from time to time constitute such Advisory Committees as may be necessary for the efficient discharge of its functions.
Section 11. Limits of the Brahmaputra valley
(1) As soon as may be after the commencement of this Act, the Central Government shall, by notification in the Official Gazette, demarcate the limits of the Brahmaputra Valley for the purposes of this Act.
(2) The Board shall perform such of its functions and exercise such of the powers within such areas in the Brahmaputra Valley as the Central Government may, by notification in the Official Gazette, specify from time to time:
Provided that before issuing any notification in respect of any area under this sub-section, the Central Government shall consult the Government of the State within which such area is situated.