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BETWA RIVER BOARD ACT

Ministry of Law and Justice

Act nº 63 of 1976


  • Chapter I
  • Chapter II
  • Chapter III
  • Chapter IV
  • Chapter V
  • Schedules
  • Amending Acts
  • Act nº 63 of 1976

Preamble

THE BETWA RIVER BOARD ACT, 1976

[Act, No. 63 of 1976]

[10th April, 1976]

PREAMBLE

An Act to provide for the establishment of a Board for the creation of a reservoir at Rajghat by construction, on behalf of the Government of Madhya Pradesh and Uttar Pradesh, of a dam on the Betwa river at Rajghat and for the regulation of such reservoir.

BE it enacted by Parliament in the Twenty-seventh Year of the Republic of India as follows:-

Chapter I

Section 1. Short title and commencement

(1) 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 Governments of Madhya Pradesh and Uttar Pradesh, 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 Betwa River and River Valley to the extent hereinafter provided.

Section 3. Definitions

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 Committee" means the Executive Committee constituted under section 5;

(d) "member" means a member of the Board and includes the Chairman;

(e)"prescribed" means prescribed by rules made by the Central Government under section 22;

(f)"Rajghat Dam" means the Dam described in the Schedule;

(g)1["Rani Laxmibai Sagar"] means the reservoir created by the construction 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.

1. Substituted for "Rajghat Reservoir" by the Betwa River Board (Amendment) Act, 1993, w.e.f. 27-08-1993.


Chapter II

Section 4. Establishment and incorporation of the Betwa River 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 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, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue and be sued.

(3) The Union Minister in charge of Irrigation shall be the Chairman of the Board and the other members of the Board shall be the following, namely:-

1[(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 Department 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 Uttar 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 appointed shall vacate their offices upon the revocation or cesser of operation of such proclamation.

(4) The Board may permit any officer of the Central Government or the Madhya Pradesh or Uttar Pradesh to attend any of its meetings and take part in the proceedings but such officer shall not be entitled to vote.

(5) 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.

1 . Substituted for "clause (a) and (b)" and clause C inserted by the Betwa River Board (Amendment) Act, 1977, w.e.f. 26-12-1977. Prior to substitution clause (a) and (b) stood as follows "

(a) the Chief Ministers of Madhya Pradesh and Uttar Pradesh;

(b) the Ministers of Madhya Pradesh and Uttar Pradesh incharge of Finance and Irrigation:"


Section 5. Executive Committee

(1) The Central Government may, by notification in the Official Gazette, constitute Executive Committee consisting of officers of that Government and officers of the Governments 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 Committee;

(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 affairs of the Board shall vest in the Executive Committee and the Chairman and other members of the Committee shall assist the Board in such manner as the Board 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.

Section 6. Vacancies , etc., to invalidate proceedings of the Board or the Executive Committee

No act or proceeding of the Board or the Executive Committee shall be invalidated by reason of

(a) any vacancy in the Board or the Executive Committee;

(b) any defect 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.

Section 7. Chief Engineer and Financial Adviser

(1)The Central Government may, after consultation with the Governments of MadhyaPradesh and Uttar Pradesh, appoint an Engineer (to be the Chief Engineer of theBoard and to be known as the Chief Engineer, Rajghat Dam Project), and aFinancial Adviser, and a Secretary, to the Board from amongst the officers ofthe Governments of Madhya Pradesh and Uttar Pradesh:

Providedthat the Central Government shall, so far as the practicable, ensure thatofficers from the same State do not hold the posts of Chief Engineer andSecretary at the same time.

1 [Providedfurther that the Central Government may, with the concurrence of the Governmentsof Madhya Pradesh and Uttar Pradesh, appoint an officer of the CentralGovernment as the Financial Adviser.]

(2)Subject to the general superintendence and control of the Board and theExecutive Committee, the Chief Engineer of the Board appointed under sub-section(1) shall be the Chief Executive Officer of the Board and shall exercise anddischarge-

(a)such powers and duties as may be prescribed or as may be delegated to him by theBoard;

(b)such other powers and duties as may be determined by regulations.

(3)The Finance Adviser appointed under sub-section (1) shall be the Chief AccountsOfficer of the Board.

(4)The terms and conditions of service of the Chief Engineer of the Board, and ofthe Financial Adviser, and the Secretary, to the Board shall be such as may beprescribed.

1. Inserted by the Betwa River Board (Amendment) Act,1977, w.e.f. 26-12-1977.


Section 8. Other officers and employees of the Board

(1) Subject to the rules, the Board may appoint such officers and employees as it may deem necessary for the efficient discharge of its functions:

Provided that the Board shall, as far as practicable, utilise the services of the officers and employees offered by the Governments of Madhya Pradesh and Uttar Pradesh in such a manner that equal representation is given to the two States.

(2) The terms and conditions of service of the officers and employees of the Board shall be such as may be determined by regulations.

Section 9. Advisory Committees

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 efficient discharge of their functions.

Chapter III

Section 10. Functions of the Board

Subjectto the other provisions of this Act and the rules, the Board may, if satisfiedthat the Governments of Madhya Pradesh and Uttar Pradesh have complied with orarranged to comply with the conditions specified in section 11,-

(a)carry out surveys and investigations in the Betwa Inter-State river valley andprepare a comprehensive project report for the construction of Rajghat Dam andappurtenant works 1 [and for the generation of power at Rajghat Dam, includingthe construction of a power house (hereinafter referred to as the Rajghat PowerHouse) near the dam and appurtenant works] and finalise the same afterconsulting the Governments of Madhya Pradesh and Uttar Pradesh and taking intoaccount the suggestions if any made by those Governments;

(b)prepare detailed reports and estimates in respect of the Project and allocatethe cost among the Governments of Madhya Pradesh and Uttar Pradesh;

(c)draw up standards and specifications for implementation of the project and forthe maintenance thereof;

(d)construct the Rajghat Dam and the common carrier from the dam to irrigate areasin Madhya Pradesh and Uttar Pradesh;

(e)lay down rules of operation and management of Rajghat Dam;

(f)perform any other function which is supplemental, incidental, or consequentialto all or any of the functions specified in clauses (a) to (e).

1. Inserted by the Betwa River Board (Amendment) Act,1977, w.e.f. 26-12-1977.


Section 11. Conditions subject to which the Board may exercise its functions

(1) The exercise by the Board of the functions specified in section 10 shall be subject to the following conditions, namely:-

(i) that the Governments of Madhya Pradesh and Uttar Pradesh shall at all times make, to the satisfaction of the Board, suitable provisions as to the moneys, land facilities and electrical power for construction and all other things required by the Board;

(ii) that the liability for the entire expenditure of the1[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 Governments of Madhya Pradesh and Uttar Pradesh in such proportion as may be specified by the Board:

Provided that the Board may specify different proportions for different 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 particular make available to the Board the land and electric power required by it for construction purposes as expeditiously as possible.

(2) For the purposes of clause (ii) of sub-section (1), the expenditure on the Rajghat Dam shall include the expenditure incurred by the Government of Uttar Pradesh on the Rajghat Dam Project before the establishment of the Board and the Board shall determine the amount of expenditure so incurred by the Government of Uttar Pradesh and the extent to which it shall be reimbursed by the Government of Madhya Pradesh.

1 . Substituted for "Rajghat Dam including appurtenant works" by the Betwa River Board (Amendment) Act, 1977, w.e.f. 26-12-1977.