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The Brahmaputra Board Act, 1980

Year of Passage: 1980 | Type: Bare Act

Section 1 Short title and commencement.

(1) This Act may be called the Brahmaputra Board Act, 1980. (2) It shall come into force on such date 1as the Central Government may, by notification in theOfficial Gazette, appoint.

Section 2 Declaration as to expediency of control by the Union.

It is hereby declared that it is expedientin the public interest that the Central Government should take under its control the regulation anddevelopment of the inter-State Brahmaputra river valley to the extent hereinafter provided.

Section 3 Definitions.

In this Act, unless the context otherwise requires,-- (a) "Board" means the Brahmaputra Board established under section 4; (b) "Brahmaputra Valley" means the inter-State Brahmaputra river valley as demarcated undersection 11; (c) "Fund" means the Brahmaputra Board Fund constituted under section 19; (d) "Master Plan" means the Master Plan for the control of floods, bank erosion and improvementof drainage in the Brahmaputra Valley prepared under section 12 and includes, where it is prepared inparts, each such part; (e) "member" means a member of the Board; (f) "prescribed" means prescribed by rules made under this Act; (g) "regulations" means regulations made by the Board under this Act; (h) "rules" means rules made by the Central Government under this Act; (i) "State Government", in relation to a Union territory, means the administrator thereofappointed under article 239 of the Constitution.

Section 4 Establishment and incorporation of the Brahmaputra Board.

(1) With effect from such dateas the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shallbe established for the purposes of this Act a Board, to be called the Brahmaputra Board. (2) The Board shall be a body corporate by the name aforesaid, having perpetual succession and acommon 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 Board shall consist of the following members, namely:-- (a) a Chairman and a Vice-Chairman to be appointed by the Central Government; (b) the General Manager of the Board and the Financial Adviser to the Board, ex officio; (c) a member each to represent respectively the Governments of Assam, Meghalaya, Nagaland,Manipur and Tripura and the Administrations of Arunachal Pradesh and Mizoram, and the NorthEastern Council constituted under section 3 of the North-Eastern Council Act, 1971 (84 of 1971), tobe appointed by the Central Government; (d) a member each to represent respectively the Ministries of the Central Government dealingwith agriculture, irrigation, finance, power and transport to be appointed by the Central Government; (e) a member each to represent respectively the Central Water Commission, the CentralElectricity Authority, the Geological Survey of India, the India Meteorological Department, to beappointed by the Central Government. (4) If any member, for infirmity or otherwise, is incapable of carrying out his duties or is absent onleave otherwise than in circumstances not involving the vacation of his appointment, the CentralGovernment may appoint another person to act in his place. (5) Any officer of the Central Government, not being a member of the Board, if deputed by thatGovernment in this behalf, shall have the right to attend the meetings of the Board and take part in theproceedings thereof, but shall not be entitled to vote. (6) The Board may associate with itself, in such manner and for such purposes as may be determinedby regulations, any person whose assistance or advice it may desire in complying with any of theprovisions of this Act and a person so associated shall have the right to take part in the discussions of theBoard relevant to the purpose for which he has been associated, but shall not be entitled to vote. (7) No act or proceeding of the Board shall be invalidated merely by reason of-- (a) any vacancy in, or any defect in the constitution of, the Board; or (b) any defect in the appointment of a person acting as a member of the Board; or (c) any irregularity in the procedure of the Board not affecting the merits of the case. (8) Subject to any rules made under this Act, the Board may constitute a Standing Committeeconsisting of the General Manager of the Board, Financial Adviser to the Board and three other membersof the Board. (9) The Standing Committee constituted under sub-section (8) shall perform, exercise and dischargesuch of the functions, powers and duties of the Board as may be prescribed or as may be delegated to it bythe Board.

Section 5 Conditions of service of members.

The term of office of the members (other than the ex officiomembers) and other conditions of service of the members shall be such as may be prescribed.
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