No: 49 Dated: Sep, 12 1956

THE RIVER BOARDS ACT, 1956

ACT NO. 49 OF 1956

     An Act to provide for the establishment of River Boards for the regulation and development of inter-State rivers and river valleys.

BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:—

CHAPTER I

PRELIMINARY

1. Short title and commencement.—(1) This Act may be called the River Boards Act, 1956.

(2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.

2. Declaration as to expediency of control by Central Government.—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 inter-State rivers and river valleys, to the extent hereinafter provided.

3. Definitions.—In this Act, unless the context otherwise requires,—

(a) “Board” means a River Board establishment under section 4;

(b) “Governments interested”, in relation to a Board, means the Governments of those States which, in the opinion of the Central Government, are likely to be interested in, or affected by, the functions of the Board under this Act;

(c) “member” means a member of a Board and includes its Chairman;

(d) “prescribed” means prescribed by rules made under this Act.

CHAPTER II

ESTABLISHMENT OF RIVER BOARDS

4. Establishment of Boards.—(1) The Central Government may, on a request received in this behalf from a State Government or otherwise, by notification in the Official Gazette, establish a River Board for advising the Governments interested in relation to such matters concerning the regulation or development of an inter-State river or river valley or any specified part thereof and for performing such other functions as may be specified in the notification, and different Boards may be established for different inter-State rivers or river valleys: Provided that no such notification shall be except after consultation with the Governments interested with respect to the proposal to establish the Board, the persons to be appointed as members thereof and the functions which the Board may be empowered to perform.

(2) A Board may be established under such name as may be specified in the notification under sub-section (1).

(3) Every Board so established shall be a body corporate having perpetual succession and a common seal, and shall by the said name sue and be sued.

(4) Every Board shall exercise its jurisdiction within such limits of the river (including its tributaries, if any) or river valley as may be specified in the notification under sub-section (1) and the area so specified shall be called the area of operation of the Board.

5. Composition of Board.—(1) The Board shall consist of a Chairman and such other members as the Central Government thinks fit to appoint.

(2) A person shall not be qualified for appointment as a member unless, in the opinion of the Central Government, he has special knowledge and experience in irrigation, electrical engineering flood control, navigation, water conservation, soil conservation administration or finance.

6. Terms and conditions of service of members.—(1) A member shall, unless his appointment is terminated earlier by the Central Government, hold office for such period as may be notified in this behalf by the Central Government in the Official Gazette, and shall, on the expiry of the term of his office be eligible for re-appointment.

(2) A member may resign his office by writing under his hand addressed to the Central Government, but he shall continue in office until the appointment of his successor is notified in the Official Gazette.

(3) A casual vacancy created by the resignation of a member under sub-section (2) or for any other reason shall be filled by fresh appointment.

(4) A member may be appointed either as a whole-time or part-time member as the Central Government thinks fit.

(5) The terms and conditions of service of the Chairman and other members shall be such as may be prescribed.

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