Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com BRAHMAPUTRA BOARD RULES, 1981 CONTENTS 1. Short title and commencement 2. Definitions 3. Office of the Board. 4. Meeting of the Board 5. Agenda 6. Presiding over meetings of the Board 7. Quorum 8. Minutes of the proceedings of meetings 9. Decisions of the Board 10. Delegation of powers 11. Terms of office of members 12. Powers and duties of Chairman 13. Powers and duties of Vice-Chairman 14. Functions and duties of General Manager 15. Functions and duties of Financial Adviser 16. Budget 17. Accounts 18. Annual Report 19. Powers to enter BRAHMAPUTRA BOARD RULES, 1981 G.S.R. 676 (E), dated the 28th December, 1981.1-In exercise of the powers conferred by Sec. 28 of the Brahmaputra Board Act, 1980 (46 of 1980), the Central Government hereby makes the following rules, namely: 1. Short title and commencement :- (1) These regulations may be called the Brahmaputra Board Rules, 1981. (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 Brahmaputra Board Act, 1980 (46 of 1980). (b) "North-Eastern Council" means the Council constituted under Section 3 of North-Eastern Council Act, 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 Board. :- (1) The office of the Board shall be located at Gauhati, Assam. 4. Meeting of the Board :- (1) The Board shall hold meetings ordinarily twice a year: Provided that in case of any urgency, a special meeting or 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. (3) The notice of the dale, time and venue of the meeting shall be served upon every member of the Board at least 21 days before the date fixed for the meeting in the case of normal meetings and 10 clear days in the case of special meetings . 5. 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 and seven clear days before a special 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 the progress towards preparation of Master Plan and on any project or scheme under execution with the Board shall form an item in the agenda of every meeting of the Board . 6. Presiding over meetings 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 reason, the meeting shall be presided over by the Vice- Chairman. 7. Quorum :- (1) Any eleven members shall form a quorum 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 date, time and venue of the adjourned meeting of the Board shall be served upon every member of the Board not less than fifteen clear days in case of ordinary meetings and seven clear days in special meetings before the 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. 8. Minutes of the proceedings of meetings :- (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 communicate the decisions of the Board to the members, the Governments of Assam, Meghalaya, Nagaland, Manipur and Tripura, Arunachal Pradesh and Mizoram and the North-Eastern Council, the Central Government, and the Chairman of the Standing Committee set up by the Board under sub-section (8) of Section 4 of the Act. 9. Decisions of the Board :- A ll 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 Chairman 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 the rights of any of the Governments of Assam, Meghalaya, Nagaland, Manipur and Tripura, Arunachal Pradesh and Mizoram, the Chairman shall refer the matter to the Central Government whose decision thereon shall be final : Provided further that with reference to any financial matter brought before the Board, if the Member of the Board representing the Ministry of Finance has any reservations about the proposal, 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 or any one or more of the Governments of Assam, Meghalaya, Nagaland, Manipur, Tripura, Arunachal Pradesh and Mizoram 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.-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 members :- (1) Subject to the provisions of Section 24 , a member other than an ex-officio member shall hold office for a period not exceeding three years from the date of his appointment: Provided that, notwithstanding the expiration of the respective periods of their appointment such members shall continue to hold office until their successors are appointed. (2) The Chairman, Vice-Chairman, General Manager or the Financial Adviser may resign his office by writing under his hand, addressed to the Central Government after giving notice of at least three months and subject to such resignation being accepted by the Central Government and effective from the date as may be determined by the Central Government. (3) The Chairman, Vice-Chairman, General Manager and the Financial Adviser shall draw such salary as may be determined by the Central Government in each case. They will be entitled to travelling allowance and house-rent allowance as may be determined by the Board with the approval of the Central Govrnment. Their other terms and conditions of service will, in case they arc Government servants, be such as are applicable to the Central Government servants of corresponding status. 1 [(4) The Chairman, Vice-Chairman, General Manager and the Financial Adviser shall be entitled to leave, leave salary and leave travel concession as per Central Government Rules as may be applicable to the Central Government servants of corresponding status. They may also be given medical benefits as may be determined by the Board with the approval of the Central Government.] (5) The pension and leave salary contributions of the Chairman, Vice-Chairman, General Manager and the Financial Adviser, if on deputation to the Board shall be paid by the Board to the respective State Governments, Central Government or other lending authorities. (6.) The Chairman, Vice-Chairman, General Manager and the Financial Adviser who are 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 re- employed and are in respect of any retirement benefit from the Government in the form of pension or Contributory Provident Fund. They may, however, be permitted to join the Contributory Provident Fund and contribute to it but shall not be eligible for the Board's contribution . 1. Subs. by G.S.R. 813, dated 2nd September, 1982. 12. Powers and duties of Chairman :- The Chairman shall be in overall charge of the Board and shall be wholly responsible for its efficient working. He will, in addition, discharge such powers and duties as may be delegated to him by the Board. 13. Powers and duties of Vice-Chairman :- In the absence of the Chairman, the Vice-Chairman shall preside over the meetings of the Board. He shall exercise such of those powers and duties of the Charman as may be delegated to him by the Chairman and also perform such other functions as may be decided by 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 administrations of the affairs of the Board. He shall prescribe and assign the duties of all officers and staff of the Board who are subordinate to him and shall exercise such supervision and disciplinary control as may be necessary and shall coordinate the activities of various units under the Board. (2) The General Manager shall also exercise and discharge such powers and dutes as may be delegated to him may be delegated to him by the Chairman and as may be determined by regulations. (3) The General Manager shall also exercise the powers and duties as hereinafter prescribed under rule 16 in matters pertaining to budget and allocation or reappropriation of grants . 15. Functions and duties of Financial Adviser :- (1) 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 Board 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 as are hereinafter prescribed in rule 16 in matters pertaining to the budget. 16. Budget :- (1) The Board shall in each year prepare budget estimates for the ensuing financial year and the revised 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 sanctioned shall supersede the original budget and shall be deemed to be the sanctioned budget for the year. (2) No expenditure shall be incurred until the budget is sanctioned by the Central Government and the expenditure has received the sanction of the competent authorities. (3) The budget shall be prepared in accordance with such instructions as may be issued from time to time and be in such form as the Central Government may direct. The budget statement shall contain following items : (i) the estimated opening balance; (ii) the estimated receipts referred to in sub-section (1) of Section 19 of the Act ; and (iii) the estimated expenditure classified under the following heads and sub-heads as the Central Government may direct, namely: Heads (a) Administration; (b) Surveys and investigations and preparation of Master Plan ; (c) Collection of hydrological and other data and statistics; (d) Multi-purpose river projects-construction; (e) Multi-purpose river projects-operation and maintenance; (f) Any other work to be taken up by the Board under sub-section (2) of Section 13 of the Act; (g) Other activities. (a) Salaries; (b) Wages; (c) Travel expenses; (d) Office expenses; (e) Payments for professional and social services; (f) Rent, rates and taxes; (g) Publications; (h) Major works; (i Minor works; (J) Machinery and equipment; (k) Maintenance; (l) Suspense: and (m) Other charges. (4) Supplementary estimates of expenditure, if any, shall be submitted to the Central Government in such form and on such dates as may be directed by it in this behalf. (5) The General Manager shall prepare the budget proposals for all the units of the Board in consultation with the Financial Adviser. The budget proposals so prepared by the General Manager along with the comments of the Financial Adviser, if any, and the replies of the General Manager, thereto shall be placed by the Secretary before the Board for its approval. 17. Accounts :- (1) Contributions of the Central Government 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. (2) The forms or compilation of accounts by the Board and its various units shall be prepared by the Financial Adviser 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 records in such a manner as to prepare annually the receipts and payment accounts and income and expenditure account and the balance- sheet. These accounts shall be approved by the Board and audited by the Comptroller and Auditor-General of India. (4) The annual accounts of the Board along with the Auditor's report thereon as provided in Section 22 of the Act shall be submitted annually to the Central Government within six months of the closure of the financial year for being laid on the tables of both Houses of Parliament. 18. Annual Report :- (1) The Board shall prepare its Annual Report within six months of the end of 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 the year and the Report of the Comptroller and Auditor- General of India thereon and the Board shall forward copies thereof to the Central Government. 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 available to the Central Government and the Governments of Assam, Meghalaya, Nagaland, Manipur and Tripura, Arunachal Pradesh, Mizoram and North-Eastern Council immediately after the Annual Report is laid down before each House of Parliament. 1 [(4) The Annual Report shall be prepared in the format given in Annexure 'A' annexed to these Rules.] 1. Ins. by G.S.R. 561(E), dated the 4th July, 1983. 19. Powers to enter :- Any officer not below the rank of Overseer/Junior Engineer 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 of its works or of making any survey, examination or investigation, preliminary or incidental 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 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.