REGISTERED No. D. (D)-72
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (i)
PUBLISHED BY AUTHORITY
No. 416] NEW DELHI, TUESDAY, DECEMBER 29, 1981/PAUSA 8, 1903
Separate paging is given to this Part to order that it may be filed as a separate
compilation
1131 OI/81
(1951)
1952 THE GAZETTE OF INDIA t EXTRAORDINARY [PART II—Sec. 3(0]1953
1954 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II— SEC. 3®]tlrne and venue of the adjourned meeting of the Board shall be served upon every member of the Board not Jew than fifteen clear days ift case of ordinary meetings and seven dear days In special meetings before tho day fixed for the meeting. There shall be no quorum required for such an . adjourned meeting.
(3) A notice will be deemed to be duly served upon any member of the Board, if it is served on him* personally or it is sent to him by registered post at his official address.
MINISTRY OF IRRIGATION
NOTIFICATION
New Delhi tho 28th December. 1981
G.S.R. 676(£).—In exsrclso of the powers conferred by section 28 of the Brahmaputra Board Act, 1980 (46 of 1980). the Central Government hereby makes tho following rules, namely:—
1. Short title and commencement.—-(1) These rules may
bo called the Brahmaputra Board Rules. 1981.
(2) They shall come into force on tho date of their
publication in the Official Gazette.
2. Definitions.—H(1) In these rules, unless the context
otherwise requires,
(a) "Act" means the Brahmaputra Board Act, 1980
(46 of 1980);
(b) "North-Eastern Council" means the Council con- stitttfed under section 3 of the North-Eastern Coun- cil Act, 1971 (84 of 1971):
(2) All words and expressions used in these rules but not defined shall have the meanings respectively assigned to them in the Act.
3. Office of the Hoard.—(1) The otfico of the Board shall
be located at Gauhati, Assam.
(2) The Board may set up a liaison office at New Delhi.
4. Meeting of the Board.—(1) The Board shall hold meet-
Ings ordinarily twice a year;
Provided that in ens© of any urgency, a special meeting or the Board rrav be summoned at any time by the Chair- man.
(2) The meetings of the Board shall be fixed by the
Secretary under the orders of the Chairman.
(3) The notice of the dato, time and venue of the meet- In" shall be served upon every member of the Board at least 21 day8 before the date fixed for tho meeting in the cane, of normal meetings and 10 clear days hi the case of special meetings.
5. Agenda.—(1) Under the orders of tho Chairman, the Secretary shall prepare and circulate to every member at least fifteen days Before an ordinary meeting and seven clear days before a special meeting, a list of business to be transacted at that meeting with explanatory notes one each item.
(2) No business, not included In the agenda shall be trans-
acted without the permission of the Chairman.
w^ " Se review of the progress towards preparation of • X ^ ^ S11 t?*?^ *?* p r o J e ct or scheme under execution
SSiSofftSVSS.f o rm an ltem b *•8RCDda of every
"f6ti.riiij.dl'l!f Tn ?e o t t o^.(!? t he B o a r d^Everv meeting of the Board shall be presided over by the Chairman of tbo 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 meeiinn shall be presided over by the Vice-Chalrman.
7. Quorum.—(i) Any eleven members shall form a quo-
rum at a meeting of the Board.
(2) If a quorum is not available, the Chairman may cancel the meeting or adjourn it and the notice of the dale, 8. Minutes of the proceedings of meeting*.—(1) The minutes of proceedings of every meeting shall be prepared by the Secretary.
(2) After approval of the minutes by the Chairman, the Secretary shall corrmunicatc the decisions of th© Board to the members, the Governments of Assam, Meghalaya, Naga- land, Mauipur and Tripura, Arunachial Pradesh and Mizo- ram and tho North-Eastern Council, the Central Govern- ment, and the Chairman of the Standing Committee set up byi the Board under sub-section (8) of section 4 of the Act.
9. Decisions of the Board.—All matters brought before any meeting of the Board shall be decided by a majority of votes of the members present and voting at the meeting of the Board, and in case of any equality of votes, the Chair- man shall have a second or casting vote.
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 of any question of policy or tho rights of any of the Governments of Assam. Meghalaya, Nagaland. Manipur and Tripura, Arunachal Pradesh and Mzoram, the Chahman shall refer the matter to the Central Government whose decision thereon shall be final.
Provided further that with reference to any finnacial matter brought before the Board, if the Member of tho Board representing' the Ministry of Finance has any reserva- tions aBout the proposal, the Chairman shall refer tho matter to the Central Government whose decision thereon shall be final.
Explanation. L—If any member raises in any meeting of the Board a point as to whether a question is a Question of polity or whether any rights of any one or more of the Governments of Assam. Meghalayn, Nagaland, Manipur, Tripurav Aruffiachal Pradesh and Mizoram are involved in tho consideration of a matter before the Board, a decision on the points so raised shall be given by the Chairman.
Explanaiioni.llj—When any member dissents from any decision so given by the Chairman, the State Government which Is represented by that member, may represent to the Central Government through the Chairman and the decision of the Central Government thereon shall be final.
10. Delegation of powers.—The Board may delegate to the General Manager such powers as it may consider necessary.
11. Terms of office of numbers.—(1) Subject to tho provisions of section 24, a member other than an ex-offlclo member shall hold office for a period not exceeding three years from the date of his appointment.
Provided that, notwithitandinaj ths expiratltfn df the respective periods of their appointment -such members shall continue to hold office until their succefsors are appointed.
(2) Tho Chairman. Vlce-Chalrmaa General Manager or the Financial Adviser may resign his office by writing under his hand, addressed to tho Central Government after Riving notice of at least three months and subject to such resignation being accepted by the Central Government and effective from the date n" may be determined by the Central Government.
(3( Tho Chairman, Vlco-Chairman, General Manajtor and the Financial Adviser shall draw such salary as may be de- termined by the Central Government In each case. They will be entitled to travelling allowance and house rent allowance as may b" determined by tho Board with the approval of the Central Government. Their other tenr" and conditions
of service will, in case they are Government servants, be such ps arc applicable to the Central Government servants of corresponding status.
(4) The Chairman, ViceChairman, General Manager and *the Financial Adviser shall be entitled to allowances, leavtt an_d salaiy and travelling allowances for official journeys, leave travel concessions, medical benefits etc. a<, mtiy be uppli- cuble from Unut to time to the Central Governmtnt tervtints 'of correspond) ng. status.
(5) Tile pension and leave salary contributions oi the Chairman, Vice-Chairman, General Manaser and the Finan- cial Adviser, if on deputation to the Board shall be paid by the Board to the respective State Governments, Central Government, or other lending authoritieo.
(6) The Chairir,an. Vico-Chairimtn, General Manager and the finacfal Adviser who ftre not Government servants will be entitled to the benefit of Contributory Provident Fund of the Board :
Provided that the benefits of Contributory Provident Fund of the Board shall not be admissible to such persons who have been reemployid and are in respect of any re- tirement benefit from the Government in the form of t>en- sion or Contributory Provident Fund. They raav, however, be permitted to ioin the Contributory Provident Fund and contribute to it but shall not be eligible for the Board's contribution.
12. Powers and duties of Chairman.—The Chairman shall be In Overall charge of the Board and shall be wholly res- ponsible for its efficient working He will, in addition, dis- charge such .powers and duties as may lie delegated to him by the Board.
13. Powers and duties of Vice-Chairman.—In the absence of the Chairman, the Vice-Chairrran shall preside over the meetings of the Board. He shall exercise such of those powers and duties of the Chairman as may be delegated to him by the Chairman and also perform such other functions as may be decided bv the Chairman.
14. Functions and duties of General Manager.—(1) The General Manager, as the Chief Executive Authority of the Board shall be responsible for the proper administration of the affairs of the Board. He shall prescribe and assign the duties of all officers and staff of the Board who are sub- ordinates to him and shall exercise such supervision and disciplinary control as may be necessary and shall co- ordinate the activties of various units under the Board.
(2) The General Manager shall also exercise and dis- charge such powers and dutieg as m ly be delegated to him may be delegated to him bv the Chairrran and as may" be determined by regulations.
(3) The General Manaser shall also exercise the powers and duties as hereinafter prescribed under rule 16 in matters perlainihg to budget and allocation or reappropriation of grants,
15. Functions and duties of Financial Adviser.—( I) The Financial Adviser shall be under the administrative, control of the Board.
(2) The Financial Adviser shall advise the Board on all matters relating to revenue and expenditure. He shall have the right to refer to the Hoard any matter which in his opinion ought to be brought to its notice.
(3) The Financial Adviser shall be responsible for the maintenance of the accounts of the Board and conduct internal audit of these accounts.
(4) The Financial Adviser shall also exercise such powers and duties a.s are hereinafter prescribed in rule 16 in matters pertaining to the budget.
16. Budget.—41) The Board shall in each year, prepare budget estimates for the ensuing financial year and the re- vised estimates for the current year showing the estimated expenditure and shall submit it to the Central Government by 15th October, each year. The revised budget when 'mo- tioned shall supersede the original budget and shall be- deemed to be the sanctioned budget for the V"HT.
1955
(2) No expenditure shall be incurred until the budget it sanctioned, by the Central Governrrent and the expenditure has received the sanction of the competent authorities.
(3) The budget shall be prepared in accordance witli such instructions as may be issued from time to time and be in such form as the Central Government mav direct. The budget statement shall Contain followinc items :—
(i) the estimated openinu balance;
Hi) the estimated receipts referred to in sub-section (1)
of section 19 of the Act; and
(Hi) the estimated expenditure classified binder the following heads and sub-heads as (he Centfat Government may direct, namely :—•
Heads
(a) Administration;
(b) Surveys afld inveirtteatkms and preparation of
Master Plan;
(c) Collection of hydrological anJ other data and
statistics;
(d) Multi-purpose rivei* projects—construction;
(el Multipurpose river proiects—-operation and main-
tenance;
(f) Any other work to be taken up by the Board under
sub-section (2) of section 13 of the Act;
(a) Other activities.
Sub-Heads
(a) Salaries ;
(b) Wages;
(c) Travel expenses;
(d) Office expenses;
(e) Payments for professional and special services,
(f) Rent, rates and taxes;
(g) Eublications;
(h) Major works:
(0 Minor works;
(j) Machinery and equipment,
(k) Maintenance;
(1) Suspense; and
(m) Other charges.
(4) Supplementary estimates of expenditure, if anv, snail be submitted to the Central Government in such form and on such dates as mav be directed by it in this behalt.
(5) The General Manager shall piepnre the budget pro- posals for all the units of the Board in cousultation with the Financial Adviser, The budget proposals so prepared by the General Manaaer along with the comments of the Financial Adviser, if any, and the replies of "the General Manager, thereto shall bn placeil by the Secrctaiv before the Board for its approval.
17. Accounts.—(1) Contributions of the Central Gov- ernment and the State Governments to the Board shall be credited to the Brahmaputra Board Fund created under sub- section (1) of section 19 of the Act and expenditure of the" Board shall be met from the said Fund.
(21 The forms or compilation oi accounts by the Board and its vnrious units shall be prepared by the Financial Ad- viser and approved by the Board in consultation with the Comptroller and Auditor General of India.
(3) The accounts of the Board shall be maintained in accordance with the general principles of classifications, as applicable to Government transactions. The Board shall maintain accounts of all receipts and expenditure relating to each year and maintain rccorJs in such a manner as to prepare annually the receipts and payment accounts and In- come and expenditure account and the balance-sheet. These accounts shall be approved bv the Board and audited by the Comptroller and Auditor G"ner.it of India.
1956—1958 THE GAZETTE OF INDIA : EXTRAORDINARY [PART IL-SEC. 3(i)](4) The annual accounts of the Board along with the Auditor's report thereon as provided in section 22 of the Act shall b0 submitted annually to tho Central Government with- * In six months of the closure of tho financial year for being laid on the tables of both Houses of Parliament.
18. Annual Report :—(I) The Board shall prepare its Annual Report within aft months of the end pf the financial year and forward it to the Central Government for being laid before each House of Parliament.
(2) The Annual Report shall give a full account of the activities of the Board during the previous year and shall include the audited accounts of tho' year and tho Report of the Comptroller and Auditor General of India thereon and the Board shall forward copies thereof to the Central Gov- ernment The Central Government shall cause the same to be laid before each House of Parliament.
(3) Printed copies of the Annual Report shall be made avallablo to the Central Government and the Governments of Assarr,, Mefihalaya, Nagaland, Manlpur and Tripura.
Arunachal Pradesh, Mizoram and North-Eastern Council imme'diately after ttie Annual Report is laid down before each House of Parliament.
19. Powers to enter.—Anv officer not below the rank of Overseer/Junior. Engineer of the Board, generally or fcpe- cially 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 pur- pose of lawfully carrying out any of its works or of making any survey, examination or investigation, preliminary or in- cidental to the exercise of powers or the performance of the functions by the Board, under this Act :
Provided that no such officer shall enter in any building or any enclosed court or warden attached to a dwelling house unless with the consent of the occupier thereof with- out previously, giving such occupier at least seven days notice in writing of his intention to do so.
[File No. 12/81-BC]
C C. PATEL, Secy.