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REGISTERED No. D-(D)-71

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. a] NEW DELHI, TUESDAY, JANUARY 6,1976/PAUSA 16,1897

Separate paging is given to this Part in order that it may be filed

as a separate compilation.

LOK SABHA

The following bills were introduced in Lok Sabha on the 6th January,

1976: —

BILL NO. 2 OF 1976

A Bill to provide /OT\ 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-sixth Year of the Republic

of India as follows: —

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Betwa River Board Act, 1976.

Short title and commence- ment.

(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.

2, It is hereby declared that it is expedient in the public interest that the Central Government should take under its control the regula- tion and development of the inter-State Betwa River and River Valley to the extent hereinafter provided.

3. In this Act, unless the context otherwise requires,—

Declara- tion as to expe- diency of control by the Onion. Defini- tions, (a) "Board" means the Betwa River Board established under

section 4;

(b) "Chairman" means the Chairman of the Board;

(73)

(c) "Executive Committee" means the Executive Committee constituted under section 5;

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

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

if) "Raj ghat Dam" means the Dam described in the Schedule;

(g) "Raj ghat Reservoir" means the reservoir created by the construction of the Raj ghat Dam;

(h) "regulations" means regulations made by the Board under section 23;

(i) "rules" means rules made by the Central Government under section 22,

ESTABLISHMENT OF THE BOARD

4. (I) 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.

Establish, ment and lncorpo. ration of the Betwa

Blver Board,

(2) The Board shall be a body corporate by the name aforesaid hav- ing 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 Chair-

man of the Board and the other members of the Board shall be the

following, namely:—

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

(b) the Ministers of Madhya Pradesh and Uttar Pradesh in-

charge of Finance and Irrigation:

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 revocatibn or cesser of operation of such 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 "ts meetings and take part in the proceedings but such officer shall not be entitled to vote.

(5) The Board mav 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 provi- sions 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.

Executive Commit- tee.

5. (1) The Central Government may, by notification in the Official

Gazette, constitute an 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 he 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. 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 Execu- tive Committee not affecting the merits of the case.

Vacancies, etc, not to invali- date pro- ceedings of the Board or the Execu- tive Com- mittee.

Chief Engineer and Financial Adviser.

7. (1) The Central Government may, after consultation with the Government of Madhya Pradesh and Uttar Pradesh, appoint an Engi- neer (to be the Chief Engineer of the Board and to be known as the Chief Engineer, Raj ghat 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 Government shall, so far as practicable, ensure that officers from the same State do not hold the posts of Chief Engineer and Secretary at the same time.

(2) Subject to the general superintendence and control of the Board and the Executive Committee, the Chief Engineer of the Board appoint- ed under sub-section (1) shall be the Chief Executive Officer of the Board and shall exercise 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 determined by

regulations.

(3) The Financial Adviser appointed under sub-section (2) shall be

the Chief Accounts Officer of the Board.

(4) The terms and conditions of service 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.

8. (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:

Other officers and em- ployees of the Board.

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.

Advisory Commit, tees.

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 efficient discharge of their functions.

CHAPTER III

iFtTNCTIONS AND POWERS OF THE BOARD

Functionj of th" Board.

10. Subject to the other provisions of this Act and the rules, the

Board may, if satisfied that the Governments of Madhya Pradesh and

Uttar Pradesh have complied with or arranged to comply with the con-

ditions specified in section 11,—

(a) carry out surveys and investigations in the Betwa Inter-

State river valley and prepare a comprehensive project report for

the construction of Rajghat Dam and appurtenant works and finalise

the same after consulting the Governments of Madhya Pradesh and

Uttar Pradesh and taking into account the suggestions if any made

by those Governments;

(b) prepare detailed reports and estimates in respect of the Pro-

ject and allocate the cost among the Governments of Madhya Pra-

desh and Uttar Pradesh;

(c) draw up standards and specifications for implementation of

the project and for the maintenance thereof;

(d) construct the Rajghat Dam and the common carrier from the

dam to irrigate areas in Madhya Pradesh and Uttar Pradesh;

(e) lay down rules of operation and management of Rajghat dam,

(f) perform any other function which is supplemental, Inci-

dental, or consequential to all or any of the functions specified in

clauses (a) to (e).

11. (1) The exercise by the Board of the functions specified in sec- tion 10 shall be subject to the following conditions, namely: —

(i) that the Governments o£ Madhya Pradesh and Uttar Pradesh shall at all times make, to the satisfaction of the Board, suitable pro- visions as to the moneys, land facilities and electrical power for cons- truction and all other things required by the Board;

Condi- tions subject to which the Board may exer- cise ita functions.

(ii) that the liability for the entire expenditure on the Raj ghat Dam including appurtenant works and all other expenditure In- curred 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 tk" benefits which may accrue to the States and other relevant factors;

(Hi) that the Governments of Madhya Pradesh and Uttar Pra- desh shall extend full co-operation to the Board and shall in parti- cular make available to the Board the land and electric power requir- ed by It for construction purposes as expeditiously as possible.

(2) For the purposes of clause (ii) of sub-section (I), the expenditure on the Raj ghat Dam shall include the expenditure Incurred by the Gov- ernment of Uttar Pradesh on the Raj ghat 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 tha Government of Madhya Pradesh.

Powers of the Board.

12. (1) Subject to the provisions of this Act and the rules, the Board shall have the power to do anything which may be necessary or ex- pedient for the purpose of carrying out its functions under this Act.

(2) Without prejudice to the generality of the foregoing provision, such power shall include the powers—

(a) to acquire, hold and dispose of such properties both movable and immovable as the Board deems necessary;

(b) to publish statistics or other information relating to the various aspects of flood control and drainage in the Betwa River Valley and the regulation of Raj ghat Reservoir;

(c) to require the Governments of Uttar Pradesh and Madhya Pradesh to furnish such information as the Board may require in the discharge of Its functions.

CHAPTER IV

FINANCE, ACCOUNTS AND AUDIT

Betwa River Board Fund 13. (1) 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 Board by the Governments of Madhya Pradesh and Uttar Pradesh and all other sums received by the Board.

(2) The Fund shall be applied—

(a) for meeting the salaries, allowances and other remttneratiOri of the officers and other employees of the Board and other administra- tive expenses of the Board;

(b) for meeting the expenditure en surveys arid investigations

undertaken by the Board;

(c) for meeting the cost of construction of the" Raj ghat Dani

and appurtenant works;

(d) for meeting the other expenses of the Board in th.4 discharge

of its functions under this Act.

Budget.

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 of expenditure which the State Gov- ernments o£ Madhya Pradesh and Uttar Pradesh have undertaken to provide for and forward the same to the Central Government and the said State Governments.

Annual Report.

15. (1) The Board shall prepare in such form and at 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 same to be laid before each House of Parliament.

(2) The Board shall forward copies of its annual reports to the Gov-

ernments 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

Accounts and audit.

CHAPTER V

MISCELLANEOUS

17. In the discharge of- its functions, the Board shall be guided by such directions and instructions on questions of policy as may be given to it by the Central Government.

18. If any dispute arises between the Board and the Government 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.

Direc- tions by Central Govern- ment. Disputes between the Board and the State Govern- ment* Power to enter.

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 or 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 investi- gation, preliminary or incidental to the exercise of any power or the performance of any function by the Board under this Act:

Provided that no person shall enter into any building or upon any- enclosed court or garden attached to a dwelling house, unless with the consent of the occupier thereof, without previously giving such occupier at least seven days' notice in writing of his intention to do so.

43 of 1860

20. All members of the Board and the Executive Committee and all officers and employees of the Board shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act toi be public servants within the meaning of section 21 of the Indian Penal Code.

Members, officers and em- ployees of the Board to be public servants.

Protection oi action taken in good faith.

21. (1) No suit, prosecution or other legal proceedings shall lie against the Central Government or the Government of Madhya Pradesh or Uttar Pradesh or any member of the Board or the Executive Committee or¹ any officer or employee of the Board for anything which is in good fiaith done or intended to be done under this Act or the rules or regulations.

(2) No suit or other legal proceedings shall He against the Board for any damage caused or likely to be caused by anything in good faith done or purported to be done under this Act- or the rules or regulations and, in particular, it shall not be the responsibility of the Board to provide for relief measures necessitated by floods or by breaches and failure of works.

22. {1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

Power to make rules.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—

(a) the composition of, and the procedure to be followed, by the Executive Committee and all other matters relating to the Executive Committee, under sub-sections (2) and (5) of section5;

(b) the powers and duties which may be exercised or discharged by the Chief Engineer of the Board, under clause (a) of sub-section (2) of section 7;

(c) the terms and conditions of service of the Chief Engineer of, and the Financial Adviser and the Secretary to, the Board, under sub-section (4) of section 7;

(d) appointment of officers and employees of the Board under sub-section (1) of section 8;

(e) the form In which and the time at which the budget and annual report of the Board shall be prepared under section 14, and sub-section (1) of section 15;

(f) the manner in which the accounts of the Board shall be maintained and audited, under section 16;

(g) the form and manner in which disputes may be referred under section 18 to the Central Government and the procedure to be followed by the Central Government for the settlement of such disputes.

Power to

make regula- tions.

23. (I) The Board may, with the previous approval of the Central Government, by notification in the Official Gazette, make regulations not inconsistent with this Act and the rules, for enabling it to discharge its functions under this Act.

(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 Vhe purposes for which the Board may associate with itself- any persons, under sub-section (5) of sec- tion 4;

(fa) 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 of the officers (other than the Chief Engineer of the Board, Financial Adviser and Secretary to the Board) and other employees of the Board, under sub-section (2) of section 8.

Bules and regula- tions, to be laid before Parlia- ment.

24. Every rule and every regulation made under this Act shall be laid, as soon as may be 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 dn two or more successive sessions and if, before the expiry of the session immediately following the session or successive sessions aforesaid, both Houses agree in making any modi- fication 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 of anything previously done under that rule or regulation.

THE SCHEDULE

{See section 3(f)]

DESCRIPTION or 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 masonary section in the river bed and earthen flanks on both sides. It will also include the earth dam to be constructed in the saddles on either side for¹ creating a reservoir.

STATEMENT OF OBJECTS AND REASONS

NEW DELHI;

The 5th December, 1975.

FINANCIAL MEMORANDUM

Clause 4(1) of the Bill provides for the establishment of the Betwa River Board. Clause 4(3) provides that the Union. Minister in charge of Irrigation shall be the Chairman of the Board. Clause 5(1) provides for the constitution of an Executive Committee, the Chairman of which shall be an officer of the Central Government. Clause 9 provides for the consti- tution of one or more advisory committees. Clause 10 enumerates the functions of the Board. These include the carrying out of surveys and investigations in, the Betwa inter-State river valley, preparation of a comprehensive project report for the construction of the Rajghat Dam and appurtenant works, and the construction of the Rajghat Dam and the common carrier from the Dam to irrigate areas in Madhya Pradesh and Uttar Pradesh.

2. The aforementioned provisions of the Bill will involve expenditure towards meeting—

(a) the salary, allowances and other remuneration of the mem- bers, officers and other employees of the Board;

(b) the other administrative expenses of the Board; and

(c) the cost of, and expenses on maintenance of the Board; and taken by the Board.

It is not possible at this stage to estimate accurately the" expenditure involved. It is only after the Board finalises its project report that a fair estimate of the expenditure can be arrived at. However, all the expen- diture (except the expenditure by way of travelling allowances and daily allowances which may be paid to the Chairman of the Board, Chairman of the Executive Committee or any officer of the Central Government in connection with the meetings, of the Board or the Executive Committee, as: the case may be) will have to be met by the Board from out of the amounts madu available by the Governments of Madhya Pradesh and Uttar Pradesh.

3. The expenditure regarding travelling and daily allowances which may be paid to the Chairman of the Board, Chairman of the Executive Committee or any othe"r Central Government officer in connection with the meetings of the Board will have td be borne by the Central Govern- ment from out of the approved budget of the concerned Departments or Ministries. This expenditure which will be of a recurring nature will depend upon the number and duration of the meetings of the Board and the Executive Committee. It is not likely to exceed Rs. 10,000 per annum The Bill does not involve any other expenditure of a recurring or non- recurring nature.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 22 of the Bill seeks to empower the Central Government to make rules for carrying out the purposes of the legislation. The matters in respect of which rules may be made relate, inter alia, to the composi- tion of, and the procedure to be followed by, the Executive¹ Committee and all other matters relating to the Executive Committee, the terms and conditions of service of the* Chief Engineer of the Board and the powers and duties which may be exercised or discharged by him, the terms and conditions of service of the Financial Adviser and the Secretary to the Betwa Rivetr Board, the appointment of ofHcers and employees of the Board, the form in which and the time at which the budget and annual report of the Board shall be prepared, the manner in which the accounts of the Board shall be maintained and audited, and the form in which dis- putes may be) referred under clause 18 to the Central Government and the procedure to be followed by the Central Government for the settlement of such disputes.

BILL NO. 1 OF 1976

A Bill further to amend the Delhi Development Act, 1957.

BE it enacted, by Parliament in the Twenty-sixth Year of the Republic

of India as follows : —

1, This Act may be called the Delhi Development (Amendment) Act,

1976.

Short title.

2. In the Delhi Development Act, 1957 (hereinafter referred to as the gi of 1957.

principal Act), in section 56, in sub-section (2), after clause (c), the

following clause shall be inserted, namely ; —

Amend- ment of section 68.

"(cc) travelling and other allowances of the members of the

Advisory Council except those of the ex-officio member and such

other members as are Government servants;".

Amend- ment ot section 57.

3. In sub-section (4), of section 57 of the principal Act, for the words "The Authority may, with the previous approval of the Central Govern- ment, make regulations", the words "The Authority, with the previous approval of the Central Government, may, by notification in the Official Gazette, make regulations" shall be substituted.

4. For section 58 of the principal Act, the following section shall be

substituted, namely : —

Substi- tution of section 08.

Laying of rules and regula- tlons before Parlia- ment.

"58. Every rule and every regulation made under this Act shall be laid, as soon as may be after such rule or regulation 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 sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification/ in the rule or regulation, or both Houses agree that the rule or regulation should not be made, the rule or regulation shall, thereafter, have effect only in such modified form or be of no effect, asi the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.".

STATEMENT OF OBJECTS AND REASONS

The Committee on Subordinate Legislation, while scrutinising the Delhi Development (Grant of Allowances! to Non-official Members of the Advisory Council) Rules, lSijy, noticed that the Act does not expressly empower the framing of such rules. The Committee, therefor*, recom- mended in their Sighth Report that an express provision should be made in the Delhi Development Act, 1957 (61 of 1957), authorising the rule- making authority to provide for regulation and payment of daily and mileage allowances to non-official members of the Advisory Council. The Bill seeks to achieve this object.

NEW DELHI; K. RAGHURAMAIAH.