1954

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II— SEC. 3®]

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

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 ^

" S ^e review of the progress

towards preparation of

• X ^ ^ S ^{1 1} t?*?^

*?*^{p r o J e c t o r} scheme under execution

SSiSofftSVSS.

f o r m an ltem b *•8RCDda of every

«f⁶ti.rⁱiij.^dl'^l!f Tn ?^eotto^.⁽!?^{t h e Board}^Everv meeting

of the Board shall be presided over by the Chairman

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,

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

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.

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

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

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

1955

of service will, in case they are Government servants,

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

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.

(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

(he Centfat

Government may direct, namely :—•

Heads

(a) Administration;

(b) Surveys afld inveirtteatkms

and

preparation

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;

(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

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

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.

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