No: 63 Dated: Apr, 10 1976

THE BETWA RIVER BOARD ACT, 1976

ACT NO. 63 OF 1976

    An Act to provide for the establishment of a Board for the creation of a reservoir at Rajghat by construction, on behalf of the Governments of Madhya Pradesh and Uttar Pradesh, of a dam on the Betwa river at Rajghat and for the regulation of such reservoir.

BE it enacted by Parliament in the Twenty-seventh Year of the Republic of India as follows:—

CHAPTER I

PRELIMINARY

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 date as the Central Government may, after consultation with the Governments of Madhya Pradesh and Uttar Pradesh, by notification in the Official Gazette, appoint.

2. Declaration as to expediency of control by the Union.—It is hereby declared that it is expedient in the public interest that the Central Government should take under its control the regulation and development of the inter-State Betwa River and River Valley to the extent hereinafter provided.

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) “Rani Laxmibai Sagar” means the reservoir created by the construction of the Rajghat Dam;

(h) “regulations” means regulations made by the Board under section 23;

(i) “rules” means rules made by the Central Government under section 22.

CHAPTER II

ESTABLISHMENT OF THE BOARD

4. Establishment and incorporation of the Betwa River Board.—(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established 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 a common 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 other members of the Board shall be the following, namely:—

(a) where the same Union Minister is not in charge of both Irrigation and Power, the Union Minister in charge of Power or such Minister or Deputy Minister in the Union Ministry or Department in charge of Power as may be specified in this behalf by the Union Minister in charge of Power;

(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 and Power: Provided that when a proclamation made under article 356 of the Constitution is in force in relation to the State of Madhya Pradesh or Uttar Pradesh, the Central Government may appoint three persons to represent such State on the Board and the persons so appointed shall vacate their offices upon the revocation or cesser of operation of such proclamation.

(4) The Board may permit any officer of the Central Government or the Government of Madhya Pradesh or Uttar Pradesh to attend any of its meetings and take part in the proceedings but such officer shall not be entitled to vote.

(5) The Board may associate with itself, in such manner and for such purposes as may be determined by regulations, any person whose assistance or advice it may desire in complying with any of the provisions of this Act and a person so associated shall have the right to take part in the discussions of the Board relevant to the purpose for which he has been associated, but shall not be entitled to vote.

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