Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com BETWA RIVER BOARD RULES, 1977 CONTENTS PART 1 :- Preliminary 1. Short title and commencement 2. Definitions PART 2 :- The Board 3. Office of the Board 4. Meetings of the Board 5. Presiding over meeting of the Board 6. Quorum 7. Agenda 8. Minutes 9. Decisions by the Board 9A. Delegation of Powers PART 3 :- The Executive Committee 10. Composition 11. Meeting of the Executive Committee 12. Presiding over meetings of the Executive Committee 13. Quorum 14. Agenda 15. Minutes 16. Decisions by the Executive Committee PART 4 :- Officers and Employees of the Board 17. Appointments 18. Terms and conditions of service PART 5 :- Budget and Annual Report 19. Budget 19A. Accounts 20. Annual report PART 6 :- T h e Form and manner in which a dispute may be referred to the Central Government and the procedure to be followed for settlement of such dispute 21. Application 22. Appointment of Investigator 23. Co-opting Members to Assist Investigator 24. Notice to parties to nominate representative 25. Procedure if representatives are not nominated 26. Production of documents 27. Serving notice or order 28. Procedure at commencement of proceedings 29. Examination by representatives 30. Recommendations of the Investigator 31. Prime Ministers decision to be final BETWA RIVER BOARD RULES, 1977 G.S.R. 22, 23rd December, 19771 -In exercise of the powers conferred by Sec. 22 of the Betwa River Board Act, 1976 (63 of 1976), the Central Government hereby makes the following rules, namely : PART 1 Preliminary 1. Short title and commencement :- (1) These rules may be called the Betwa River Board Rules, 1977. (2) They shall come into force on the date of their publication in the Official Gazette . 2. Definitions :- (1) In these rules, unless the context otherwise requires,- (a) "Act" means the Betwa River Board Act, 1976 (63 of 1976); (b) "Board" means the Betwa River Board; (c) "Chairman" means the Chairman of the Betwa River Board; (d) "Chief Engineer" means the Chief Engineer of the Board to be known as the Chief Engineer, Rajghat Dam Project; (e) "Executive Committee" means the Committee constituted under Section 5 of the Act; (f) "Financial Adviser" means the Financial Adviser to the Board: (g) "Project" means the Rajghat Dam Project; (h) "Secretary" means the Secretary to the Board. (2) All other words and expressions used in these rules but not defined and defined in the Act shall have the meanings respectively assigned to them in that Act. PART 2 The Board 3. Office of the Board :- (1) The office of the Board shall be located at Jhansi. (2) The Board may set up a liaison office at New Delhi. 4. Meetings of the Board :- (1) The Board shall hold a meeting ordinarily once in a year: Provided that in case of any urgency, a special meeting of the Board may be summoned at any time by the Chairman. (2) The meetings of the Board shall be fixed by the Secretary under the orders of the Chairman . 5. Presiding over meeting of the Board :- Every meeting of the Board ________________________ shall be presided over by the Chairman of the Board. In case a meeting of the Board duly convened under the orders of the Chairman cannot be presided over by him for some reasons, the meeting may be presided over by the Union Minister in-charge of Power who is also a member of the Board.] 6. Quorum :- Any five members shall form a quorum at a meeting of the Board. 7. Agenda :- (1) Under the orders of the Chairman, the Secretary shall prepare and circulate to every member at least fifteen days before an ordinary meeting a list of business to be transacted at that meeting with explanatory notes on each item. (2) No business, not included in the agenda, shall be transacted without the permission of the Chairman. (3) The review of progress of the project shall form an item in the agenda of every meeting of the Board . 8. Minutes :- (1) The minutes of every meeting shall be recorded by the Secretary. (2) After approval of the minutes by the Chairman, the Secretary shall communicate the decisions of the Board to the members, the Governments of Madhya Pradesh and Uttar Pradesh, the Central Government, the Chairman and the Chairman of the Executive Committee . 9. Decisions by the Board :- (1) All matters brought before any meeting of the Board shall be decided by a majority of the voles of the members present and voting at the meeting. (2) The decisions of the Board shall be final : 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 on any. question of policy or the rights of any of the Governments of Madhya Pradesh and Uttar Pradesh, the Chairman shall refer the matter to the Central Government whose decision thereon shall be final. Explanation 1.-If any member raises in any meeting of the Board a point as to whether a question is a question of policy or whether any rights of the Governments of Madhya Pradesh or Uttar Pradesh are involved in the consideration of a matter before the Board, a decision on the points so raised shall be given by the Chairman. Explanation II.-Whereas 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. 9A. Delegation of Powers :- 1[ * * *] 1The Board may delegate to the Chairman of the Executive Committee emergency powers to take decisions and issue sanctions on specific urgent proposals referred to him. The decisions taken and sanctions issued by the Chairman will be brought to the notice of the Executive Committee in its next meeting. 2 [(2) * * *]] . 1. The brackets and figure "(1)" omitted by G.S.R. 719, dated 17th June, 1979. 2. Sub-rule (2) omitted by ibid PART 3 The Executive Committee 10. Composition :- The Committee shall consist of the following namely: Chairman: (1) Chairman, Central Water Commission and Ex-officio Secretary to the Government of India. Member: (2) Member (Planning and Progress), Central Works Commission and Ex- officio Additional Secretary to the Government of India. (3) Chairman, Central Electricity Authority or the nominee of the rank of Chief Engineer and above. (4) Joint Secretary, Department of Power, Ministry of Energy, Government of India. (5) Financial Adviser, Ministry of Water Resources. (6) Commissioner (River Basins), Ministry of Water Resources. (7) Secretary, Finance Department, Government of Madhya Pradesh, or his nominee of the rank of Joint Secretary and above. (8) Secretary, Finance Department, Government of Uttar Pradesh or his nominee of the rank of Joint Secretary and above. (9) Secretary, Irrigation Department, Government of Madhya Pradesh. (10) Secretary, Irrigation Department, or Special Secretary Irrigation Department, Government of Uttar Pradesh . (11) Engineer-in-Chief, Irrigation Department, Madhya Pradesh or his nominee of the rank of Chief Engineer. (12) Engineer-in-chief Irrigation Department, Uttar Pradesh or his nominee of the rank of Chief Engineer. (13) Chairman, Uttar Pradesh State Electricity Board or his nominee of the rank of Chief Engineer. (14) Chairman, Madhya Pradesh State Electricity Board or his nominee of the rank of Chief Engineer. (15) Chief Engineer, Rajghat Dam Project. (16) Financial Advisor to the Board. Secretary: (17) Secretary to the Boar 11. Meeting of the Executive Committee :- (1) The meetings of the Executive Committee shall be held either at Jhansi or at Project site or at New Delhi, as may be decided by the Chairman of the Executive Committee . (2) There shall be not less than one meeting of thc Executive Commitiee in every three months. (3) The meetings of the Executive Committee shall be fixed by the Secretary under the orders of the Chairman of the Executive Committee. 12. Presiding over meetings of the Executive Committee :- At every meeting of the Executive Committee, the Chairman of the Executive Committee shall preside and, in his absence, the Chairman of the Central Water Commission shall preside. 13. Quorum :- (1) Any six members or their duly authorised nominees not below the rank of Additional Chief Engineer/Joint Secretary shall form a quorum at a meeting of the Executive Committee provided that the Chief Engineer, the Financial Adviser and the Secretary of the Board shall not be included in the number of members required to form a quorum. (2) If within fifteen minutes from the time appointed for the meeting, a quorum is not present, the Chairman may dissolve the meeting or adjourn it to a suitable dale in the same or the following month and the notice of the date, lime and place of the adjourned meeting of the Committee shall be served upon every member of the committee not less than seven clear days before the day appointed for the meeting. (3) A notice will be deemed to be duly served upon any member of the Committee if it is served on him personally or is sent to him by registered post at his official address. (4) It shall be lawful for the members or their duly authorised nominees not below the rank of Additional Chief Engineer or Joint Secretary, present at such adjourned meeting to dispose of the business intended to be transacted at the original meeting irrespective of the number of members present.] 14. Agenda :- (1) Under the orders of the Chairman of the Executive Committee, the Secretary shall prepare and circulate to every member at least fifteen days before a meeting a list of business to be transacted at that meeting. (2) No business, not included in the agenda, shall be transacted without the permission of the Chairman of the Executive Committee. 15. Minutes :- (1) The minutes of every meeting shall be recorded by the Secretary, (2) After approval of the minutes by the Chairman of the Executive Committee or the member presiding at such meeting, the Secretary shall communicate the decisions of the Executive Committee to the members, the Governments of Madhya Pradesh and Uttar Pradesh, the Central Government and the Chairman of the Executive Committee. 16. Decisions by the Executive Committee :- Every question brought before any meeting of the Executive Committee shall be decided by a majority of members present and voting at the meeting before which the matter is brought. PART 4 Officers and Employees of the Board 17. Appointments :- Where the Executive Committee makes any appointment of officers or employees on behalf of the Board, all details concerning such appointment shall be placed before the Board at its next meeting. 18. Terms and conditions of service :- (1) The Chief Engineer, the Financial Adviser and the Secretary shall hold office for a period of three years: Provided that the Board may, after consultation with the Governments of Madhya Pradesh and Uttar Pradesh, reduce or extend the term of office of the Chief Engineer, the __________________________ (2) The post of Chief Engineer shall be filled by rotation from amongst the officers of the Governments of Madhya Pradesh and Uttar Pradesh. (3) The pension and leave salary contributions of the Chief Engineer; the Financial Adviser and the Secretary for the period of their deputation with the Board shall be paid to the respective State Governments by the Board . (4) The other terms and conditions of service of the Chief Engineer, the Financial Adviser and the Secretary shall be the same as applicable to the Central Government officers of corresponding status. PART 5 Budget and Annual Report 19. Budget :- (1) The Budget of the Board for the next financial year together with the revised budget estimate for the current Financial year shall be prepared by the 1st November each year. (2) The accounts of the Board shall be maintained in accordance with the genera! principles of classification, as applicable to Government transactions. The expenditure on the project, however, shall be classified on the pattern of model classifications prescribed for Major Projects, with modifications, if any, as approved by the Central Water Commission. (3) The Budget shall be compiled keeping in view the procedures laid down in Chapter V of Central Public Works Accounts Code and Proforma laid down in Appendix V of Central Public Works Accounts Code. The forms for compilation of accounts by the Divisions and by the office of the Financial Adviser shall be prepared by the Financial Adviser and approved by the Executive Committee in consultation with Comptroller and Auditor General of India. (4) The demand for grant of works on project shall be abstracted according to Sub- Minor Heads of Accounts viz, A-Preliminary, B- Land, C-Works, Suspense, Other charges, etc. which shall be treated as primary units of appropriation. The detailed heads of account shall be the secondary units of appropriation. (5) The Chief Engineer will prepare a consolidated budget which will indicate the anticipated expenditure on various Sub-Minor Heads of Account including the anticipated expenditure on Units of Secretary and Financial Adviser. The budget so prepared by the Chief Engineer alongwith comments of Financial Adviser and replies of Chief Engineer thereto will be placed by the Secretary before the Executive Committee for its approval. (6) The Chief Engineer shall have full powers to re-appropriate savings from one Sub-Minor head of Account to another. Any re- appropriation from one Minor Head to another like I-Works, II- Establishment, III-Tools and Plants, etc. will be done only after seeking the approval of the Executive Committee. (7) The Chief Engineer shall allocate grants under each minor head of accounts to the Superintending Engineers who, on their part, will further allocate the funds estimate- wise to the Divisions under their control. (8) No expenditure shall be incurred on any work for which allocations/provisions do not exist in the approved demand for grants except as provided for under sub-rules (3) and (4) . 19A. Accounts :- (1) Contributions of the State Governments to the Board shall be credited to the Betwa River Board Fund created under See. 13(1) of the Act and (2) Accounts of the Board shall be audited by the Comptroller and Auditor General of India. (3) The audited accounts with the report of the Comptroller and Auditor General of India thereon shall be presented to the Board and copies thereof sent to the Governments of Madhya Pradesh and Uttar Pradesh and the Central Government. The Central Government will cause the annual accounts to be laid before the Houses of Parliament as required under See. 15(1) of the Act alongwith the report of the auditor]. 20. Annual report :- (1) The Board shall prepare its annual report in such a time-frame, so that it can be laid before each House of Parliament within nine months of the close of [he financial year. (2) The annual report shall give a full account of the income and expenditure during the previous year, the net amounts attributable to irrigation, power and the distribution of the capital cost between the State Governments of Madhya Pradesh and Uttar Pradesh, and show the progressive total under each of the aforementioned items from the inception of the Board and the up-to-date financial position of the project. (3) The Board shall forward printed copies of its annual report to.the Governments of Madhya Pradesh and Uttar Pradesh after the same is laid before the House of Parliament) . PART 6 The Form and manner in which a dispute may be referred to the Central Government and the procedure to be followed for settlement of such dispute 21. Application :- (1) Where any of the State Governments of Madhya Pradesh or Uttar Pradesh or both or the Board desire to refer any matter in dispute between them to thc Central Government under Section 18 of the Act, the State Government concerned/the Board shall address a letter in writing in triplicate, signed by its Secretary to the Secretary to the Government of India Department of Irrigation, Ministry of Agriculture and Irrigation and such letter shall, unless delivered personally, be sent by registered post. (2) Such a letter shall contain specific information on the following points, namely: (a) the partics to the dispute or difference; (b) specific matters of dispute/difference between them; (c) efforts, if any, made by the parties themselves to settle the matter in dispute; and (d) .specific views (alongwith supporting data/documents) of the aggrieved party on thc mailer in dispute. 22. Appointment of Investigator :- On receipt of such application the Central Government shall appoint the Secretary to the Government of India, Department of Irrigation Ministry of Agriculture and Irrigation, as Investigator. 23. Co-opting Members to Assist Investigator :- The Investigator may co-opt two or more members of the Central Water Commission or Central Electricity Authority to assist him in the investigation of the dispute. The advice of the members shall not be binding on the Investigator. 24. Notice to parties to nominate representative :- The Investigator .shall, for thc purpose of thc proceedings before him, require the' parties to the dispute. in _____________________________ the form set out in Annexure 'A' to nominate, within a specified time, their representatives to present their case before him 25. Procedure if representatives are not nominated :- Where any party to the proceedings before an Investigator fails to nominate any representative to present its case before the Investigator within the stipulated period, or where the representative so nominated does not appear before the Investigator, he may proceed as if such parly had been represented. 26. Production of documents :- The Investigator may require any party to the dispute, in the form set out in Annexure 'B' to produce before him any books, papers or other documents or things in the possession of or under the control of the party, in any way relating to the dispute under investigation, which the Investigator thinks necessary for the purpose of giving his recommendations. 27. Serving notice or order :- Any notice or order issued by the Investigator may be served either personally or by registered post 28. Procedure at commencement of proceedings :- At the commencement of the proceedings before the Investigator, each of the parties shall state its case in such order as the Investigator may think fit. 29. Examination by representatives :- Any representative of the party appearing before the Investigator may examine, cross-examine and re-examine any person, other than a representative of a party appearing before the Investigator, and may address the Investigator in regard to the matter in dispute in such order as the Investigator thinks fit, after each party to the dispute has presented its case before him. 30. Recommendations of the Investigator :- The Investigator shall submit his recommendations to the Board, on the matters referred to him, within as short a time as may be practicable in the circumstances of the case. 31. Prime Ministers decision to be final :- The recommendations of the Investigator shall be discussed in the meeting of the Board and if the dispute is not settled by the Board, the dispute shall be referred by the Board to the Prime Minister, whose decision on the dispute shall be final and binding on the parties to the dispute and shall be given effect to by them]