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The Betwa River Board Act, 1976

Year of Passage: 1976 | Type: Bare Act

Section 1 Short title and commencement.

(1) This Act may be called the Betwa River Board Act, 1976. (2) It shall come into force on such date1as the Central Government may, after consultation with theGovernments of Madhya Pradesh and Uttar Pradesh, by notification in the Official 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 Betwa River and River Valley to the extent hereinafter provided.

Section 3 Definitions.

In this Act, unless the context otherwise requires,-- (a) "Board" means the Betwa River Board established under section 4; (b) "Chairman" means the Chairman of the Board; (c) "Executive Committee" means the Executive Committee constituted under section 5; (d) "member" means a member of the Board and includes the Chairman; (e) "prescribed" means prescribed by rules made by the Central Government under section 22; (f) "Rajghat Dam" means the Dam described in the Schedule; (g) 1["Rani Laxmibai Sagar"] means the reservoir created by the construction of the RajghatDam; (h) "regulations" means regulations made by the Board under section 23; (i) "rules" means rules made by the Central Government under section 22.

Section 4 Establishment and incorporation of the Betwa River Board.

(1) With effect from such date asthe Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall beestablished for the purposes of this Act, a Board to be called the Betwa River 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 Union Minister in charge of Irrigation shall be the Chairman of the Board and the othermembers of the Board shall be the following, namely:-- 1[(a) where the same Union Minister is not in charge of both Irrigation and Power, the UnionMinister in charge of Power or such Minister or Deputy Minister in the Union Ministry orDepartment in charge of Power as may be specified in this behalf by the Union Minister in charge ofPower; (b) the Chief Ministers of Madhya Pradesh and Uttar Pradesh; and (c) the Ministers of Madhya Pradesh and Uttar Pradesh in charge of Finance, Irrigation andPower:] Provided that when a proclamation made under article 356 of the Constitution is in force in relation tothe State of Madhya Pradesh or Uttar Pradesh, the Central Government may appoint three persons torepresent such State on the Board and the persons so appointed shall vacate their offices upon therevocation or cesser of operation of such proclamation. (4) The Board may permit any officer of the Central Government or the Government of MadhyaPradesh or Uttar Pradesh to attend any of its meetings and take part in the proceedings but such officershall not be entitled to vote. (5) 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.

Section 5 Executive Committee.

(1) The Central Government may, by notification in the Official Gazette,constitute an Executive Committee consisting of officers of that Government and officers of theGovernments of Madhya Pradesh and Uttar Pradesh. (2) The composition of the Executive Committee shall be such as may be prescribed:Provided that-- (a) an officer of the Central Government shall be the Chairman of the Committee; (b) the Governments of Madhya Pradesh and Uttar Pradesh shall have equal representation. (3) Subject to the general superintendence and control of the Board, the management of the affairs ofthe Board shall vest in the Executive Committee and the Chairman and other members of the Committeeshall assist the Board in such manner as the Board may require. (4) Subject to the rules, and to the directions of the Board, the Executive Committee may exercise anypower and do any act or thing which may be exercised or done by the Board. (5) The procedure to be followed by the Executive Committee and all other matters relating to theExecutive Committee shall be such as may be prescribed.
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