Rule, 1958

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

THE RIVER BOARD RULES, 1958

New Delhi, the 27Lh August 1958 G.'5.R. 813 - In cxur c i se ot the powers conferred by section 28 of che River Boards Act., l95f1 {49 of 1956), the cenura t Government hereby makes the 1.ollowin9 r.ules, namely; - THc: RIVER BOARDS RULES, 1958 PART I - Preliminary

1. s1.01n TITI.J:: .- These rules may be called t.he Rive1,· Boards Rules, 19S8.

(1) "the Act" mean s the River Boards Act., 195b (49 01 1CJ5G},

(2) "Government. servant" means a person serving in connec t Lon "''ith che nfiu.1s oi the Union or o( a State;

{3) "seo::t.1.r>n" mcan s a section of the A.ct.;.

PART 'II S.ilnr.1es, Allowancesand condition? of service of mc?bers of the Board.

3. 51\lJ\RtES -The Sc La r i.o s of members sh,111 be such cs may be determined in each ca so by the Centt:cl l Government.

4. Tl:RMTNATION Or' srnVICES. The Central Government may, if it thinks fit, by order in wt·1tin9, t ernn nat;e the appo i nt.mont; ot c1ny rnerrhcr bcfon? he expiry of Prov1de<l that ncf'or c issui11g .1ny such order, the Central Government shall, , give such notice not exceeding chr ee months, to the person conc erned as it considers reasonable.

5. LEAVE ANO LEAVE SALARIES -( l) Every whole-time 11'1crrbe1· who is not a Government: servant shnl 1 be ont1tled to tcave and 1 Ci;JV6. sa La ry , on such t.crms and conditions a s a re <1dmissiblc to tl!mporary central Government serv. nts under the aov tscd Leave Rules 1?33.

(2) The nuthor1ty to grant Leave to a member sha lI be the Central Government.

6. 'fRAVJ::LLUlG ALLOWANCES - ( 1) tlembcrs sha Ll be enl.:itled co travelling a 15] Iowances for Journeys pei·formed 1or t:he purposes or t:he B0a1·d, on the see Le rrov1ded for under the F\Jndnmental and SuJplementary f!ules arplicrthle to the q rado of off1cei:s to winch the Central Gov1;:rnmc11l may dac l.a re them co

(2) No Jou1 nev sh.111 be per formect by a member for t.hc purposes of the Boc.1rd, outside the JtP.U oi it.s operation, without: its pt t or approval.

(3) The Chall.m<An shall be th? con t ro l Li nu otficer in respect of his 011,n tr.welling llowance bills as well s hose of other members.

7. CONTRIBtrrORY PROV!.DENT FOND - Whole-tl.me members who are noc-

(i) Government servants; or

(ii) Re-employed persons who are in receipt of any retirerr,entbenefit from Government in the form of pension or contributory providentfund, shall be entitled to the benefits of the contributory providentfund which may be established by the Board tor 1ts own officers: Provided that the Board's contribution to such fund shall r.ot,at any time, exceed the rate at which the Central Governrnent makes contribution to the contributory provident fund of its Jwn employees. MEDICAL FACILITIES - (1) Whole-time members shall be enl1tled tosuch medical facilities as are applicable to the graoe of officers to which the Central Government may declare them to correspond in status,

(2) The Chairman shall be the controlling officer in respect ofhis own medical bills as well as those of other members.

CONDITIONS OF SERVICE OF MEMBERS WHO ARE OOVERNMENT SERVANTS -

The salaries, allowances and conditions of service of mcmPers who arc Goverrunent servants sh?ll, notwithstanding anything contained in rules 3 to 8, be such as n,ay be deteirnined in each case by the Cent.r.:.ll Government. SALA.RIES, ALLOWANCES, ETC. TO BE MET FROM THE SOARD' S FUND.- The salaries, cJllowances and leave and other contributions of the members shall be met from the fund of the Beard.

PART-III- Matters in respect of which the Board may tender adv?ce to the Governments 1.nterested.

MATl'ERS ON ?IIICH BOARD MAY ADVISE GOVERNMENTS INTERESTED - The Boatd may tende? advice to the Goverr.ments interesled in relation to LJ1e co-c rd Ina t Lon of their .ictivities wl uh a vie"' to ach Lev Lnq rnax amum r e su I cs in respect of the measures undcrL.tken by Lhem in the inter-St...Jte r i.ve r or river valley fo.r the purpose of- ( .... ) promotion and operation of scheml-ls for reclam.:1tion of land;

(b) ope re t Lon and control of devices for riistributiou of river PART IV- Mutters in respect of which the Boclrd may require t.l Govetnnient interested to furnish ant'orma t i on.

12. POWER TO CALL FOR .INNRMA'rION - 1?01. the pu rposa of el ficienl:ly performing its funct1.ons under the Act, within its drea 01 operation, matior> as the Board thinks fit in respect of the f o l.Low i nq ma t t e rs , namely: - river valley within .1,ts uea of ope1<1tiou;

( <l) (bl Urn results of any research and investi('Tations undertaken bv the Governments interested or the Electricity Boards within the States concerned, with respect to the conservation, regulµtiQn or ut i l i sa t Ion of water resources, such as water power generation, navigation, flood control. soil conse.rvat.aon land use and connected structural and desiqn t:eatures.

PART V The M<1nner in which the cenuro l r.overnmenl may <1ssist the Governments intetested to execute any scheme pre1?rad by ihe Board.

13. (;ENTRAL GOVERNMENT'S ASSISTANCE TO GOVEru-lMENTS lNTt::RESTED. The Ce n t ra l Government. may. on a request. received an this behalf from anv Government interested or otherwise, assist any Govern,?nt interested in t< king such st.cps as mny be nece sao ry for exe cut.i nq 11ny scheme prepared by the Board, i nc Iud i nq the foI Iow i n q steps, name Ly r> (;i) uhc c ru nr of such f1n,10c1al assistance as the Central Government thinks fit;

(h) the provision 01 experiencad 1crsonncl;

(c) the aronc of facilities for carrying out research ilnd 1nvesti­ c1, trons i.n r eo a rd to the various a spcc t s of the conservation, 1e<rul.ition or utilization of water resources, such as wate.r conservation, laud use ,nd connected structural and design fcacurcs;

endeavours tf) bring the pc,.rties toyel:her for jo i.n t; consul tat ion .whe re theta is a difference of opinion betw?en the Governroonts interested r eqa rd.Lnq the manne r of execution of any scheme or P1\R1' \'l The form in wh i ch and the time •,.•ithin which the budqe t, and ouuua I report of the Do,nd may be prep,1red and forwarded to the Cer,tl'<1l ccve cnmen and the Governments 1ntorested.

},l. f"QR;,1 OF BUDGET. 'I'hn Aoard sh.111 prepar e and submit: to the Centi-al covernraeu a nd tlic Gove1·nments interested, not Lat.er: uhan the Jst dll)' ct re spccc or he : i.nrmc i a l yt:.'ir next cnsu i no liudq · l •

(2) In particular, the annuu I rupor shall. contain 1nformatlon In respect ot each namely:- refctred to in auh+ru l e (1) of the fol low .i nq ma t.tcrs, la) the names of miambers and chief officers of the Board and a chart showr nq its organis?tional set-up.

(b) the functions which the Bo,,rd has been empowered by th,? Cen t r a I Government lo perform under section 14, and t.hc functions of each branch;

(c) /3 map indicating the ar ea of ouer at ro» of t.ho Board, and the p l aco s therein where the reservoirs dams or o t he r works relating to works relating Lo schemes pr epar ed Ly i t .:ire to be located.

(d ) a gist: of the advice tendered by the Boa.:.d, 'lnd the places interested in respect of the rneasures , l I •I'\ , undertaken by them, for the development of the a n t.er+s tu t c river or river valley;

by the Board;

(fl the extent to· .,..h Leh the schemes prep,-ircd bv the Bon rel have been accepted by the Ccrntral Government .,nd t:hc Gove rnmon t.s interested;

(g) the financial assist;ince received by the Board from the Central Government and the Governments interested;

(h) the ,1ctivit:ies of cve r y adv Lso r y committee appo rnt.ed by the Boar-d under; sect.Jon 10;

(i) t:he matters in dispute r o r er r ed to arbjtrntion under section 22, and the decision, if rmy , of the ;irbitrat:or in respP.ct of euch such matte1;

(j) an annual statome11t of the ?1ccounts of the aoard the Centrc1l Government Hid the Governmcn s interestr?cl, rn the form specified in Annexure 'li'.

PART VII The e'orm and manner in which the Accoun t.s of the Bo;irc'l may tw. ru,1 i nca u1cd, and the manner in which such accounts may bt! c1uc'lJtccl.

17. ANNUAL STATEMENT OF ACCOUNTS. - ( 1) 'l'he Boa1:d shall cause proper accouncs and other records in relation thereto, to be ma intn i.ned in suc;h forms us m..iy be specified by the Ceritral Government ir1 consultation with t:he ComJ tt·ollcr and Auditor-Genera1 of Jndiw.

(2) The Board shall also prepare cm annuill statement. of lic.:counts in the form spoci r ied in Annesure 'B' ond shal 1 suhmj t j t to tile Centn1l Govorn­ "lent and the Governments interested.

(3) such staterr.eut; shall be published i11 the Offici111 Ga,:ctt:e ns soon c1s possible after submission under sub- rule (2).

18. AlJDTT OF ACCOUNTS (ll The acccunt.s of the Bol'lr:d shall be audited bv the Comptroller and Aud i t.or+Gcne r a I of Incli.i or by such person as he mav auuhor i.se Ln this behalf; and any 'l"Xf'P.ndilurc Incur red bv him in connection with such aud i sh.:i 11 be payabl e hy hr. Boa rd from its fund to the Comptroller

(2) Thi'.! Comp rc l.Ler and Aurlit.:01·-General of India or anv person dU horis?a by him under Lhis rule sh<lll audit the accounts of the Board in the same manner 11s the Cornptrollcr and AuditoL·-General 01 India does 111 co11nect1e>n with the audit of the Government accounts; and any books, vouchers n nd papers whtch th? person conduc t i.nq the audit may r'equr re I or. th 1 s purpc se shil 11 l>e fun, isherl to hi n; by the Bourd.

(3) The acccunus or the Bo,11·0 llB certified by the Compt..rollet· and Aurl1t:or-c;,_mcral of India or any pe r son authorised by him in this behalf, Arbi r, · 1on 1md<!r the Act.

19. APPLICATION. ( 1) Wher.1? , nv Government interested cesires to refer unde r sub-se1..;tto..>:1 (I) of section 22 any ma t t er in dispute between it a.a'*. any other Governm1>r1t: int1?n.?stad, to c111 arb i tl a tor, .1.t shall address a le ·ter .in wr1t1ng, in t:1·ipl.ic,1tc, signed by its Secrr•tc1ry, to the Sec1·atc1rv to the Government of India, llinistry of Lrri qa t i on did PO;..i>r, Ne? Delhi; and such lctt--.:i: shal.L, unless de l ive r ed personally, be sent by r-enistered post.

(2) Such ktt,11 shill I contain information on tha following points, ( h) (C) tho parties to the d1.sputu or rlif1crcnce;

if any, made by the p;1rt.ies themselves to appoJnt.:ed under tiw Act, such ilf1po1ntrnent sh,,11 be nQtitied by the Ccntnil .-.ovei nrnent in the Off1c1al Ga:r.ctl1,L sh.ill, for the puq>0se of the l-Jl'Oc.:?edlngs before him, rc?u1re the p,,rt:ies to th dispute, in the form set out 111 l\nnl?sure 'C', to nominnte, within

22. PROCEDURE IF REPRESENTATIVES ARE NOT NOMINATED. Whete any party tothe proceedings before an arb1trdtor fd1ls to nominate any representot1.vcto present its case before the arbitrator or where the raptesem.ativc sonominated does not appear before the ar'b i t re t.o r he mc1y proceed as if suc.h party had been represented.

23. PRODUCTION OF DOCUMENTS - An arb1.tratoz may require ,iny pa1·ty tothe dispute, in the [orm set out in Annesure 'O', to produce before him any books, papers or other documents or ,things in the possess ion o,f or­under the control of the party 1n any way relating to the miltter u11de1 arbitration, which the arbitrator think necessary for the purposes ofgiving his decision.

24. SERVING OF NO'rICI:: OR ORDER. Any notice or order issued by the arbitrator may be served either personally or by registered post.

25. PROCEDURE AT COMMENCE:-tENT OF PROCEEDINGS. At the commencement of the proceedings before the arbitrator, each of the par t ies shall state ils case in such nrdet as the arbitrator thinks fit.

26. EXAMINATION BY REPRESENTATIVES. Any reprc!.ent.itive of a party appearing before the arbitrator may examine, cross exemi.na and re-ex?mine any person, other than a representative of n party, nppc?rin?before an arb1trator, and may address the 1-Jrbitrator in rcq,ird to the matter 1.n dispute in such order as the arbitrator thinks £1.t, after each party to the dispute has presented ils case before him.

27. ASSESSORS. Whcl'e t.he a rbi tra tor or assessor 1 s not a se rv inc;Judge of the proceedings before him, he shall obtain th1a? adv1c:e 01 such assessors: but such advice shctll not be binding on him.

28. FEES. Where the arbitrato1 appoints assessors t-.o assist; him in the Supreme Court or 1 Hlqh Court,,or ,, s,1laried office1 or he Government, he may be granl:ed such fees a s miy be s,1nct1orn•o bv the Central Government, in consultatiorl with the Chief Justice CJf India in the case of an arbitrator, and in cons ul tn LLon wit.:h the ll1·b1.trator in che ca su of an assessor.

29. DECISIOUS TO B£ HADE AS EARLY AS POSSHH,F.. Thn ot r bitra t.:or sha I 1 give h i.s decision on tho matters referred to him witltrn , s sho1 t a tirn.-• as may be practicable in the ciu·umstanc:es of the case.

PART x- The manner of Recrui l:ment 01 lhe Off ico1 s of the Roaz·d ,ind he Terms and Conditions of service of such Officers.

under the Board shalJ be made hy it:, whether by direct roc ru i.trao nu , promotion or otherw1.se:

Provided th.it no nppo i nt.mcnt; to ,,n'.:!' post, the max rmum s il,11 Y of sanction of the Centrul Gove1nrnent.

ai. CREATION AND ABOLITION OF POSTS The Boaz d may cr cc t.c and abolish-

(u) posts cc1rryin9 a maximum salary not excecdinq Rs.500/- ;:i month; and

(b) all othet posts wi.th the previous snnc c ron of' the Central Government.

32. DIRECTIONS BY CENTRAL GOVERNMENT TO BOARD The Ccnt.ra l C:oven1mer1t may from time to time issue directions to the Board ,1s to the percent,1r_;es of posts uo be filled by direct recruilment and by promotion, and the Board shall comply with such di.rections whJ.le making uppointments.

33. FILLING OF POSTS BY DIRECT RECRUITMENT ( 1) Vacancies co be filled by direct recruitment shall, unless fllletl bv officers deput.ed by Sti,te Governments or the Central Government, be advertised or notified to the Regional Employment Exchange concerned.

(2) A statement showing all the nominations received from che Central and St.ate Governments, the appk Lca.t Ions r'ece i.ved [rnm candidates and t.he recommend?tions made by the Reg 1.on.:il Employment Fxch 1nge, shall be placed before the Board for its consideration before ?ny v cancy 1s filled.

34. FILLING Of POSTS BY PROMCYI'ION In respect, of vacanc Les to be filled by promotion, the Board shall consider the cases of. a Ll elioiblc officers.

35. POSTINGS AND TRANSFERS rosLinqs zmd t rans r e r s of or rice rs of the Board shall be made by the Ch ... ii.man thereof, or by such officer? of tne Board as the Board may author i se in chis buhe l f , subJecc to such conditions, if any, as it th1nks fit.

(1) The pay, Leave and ,d Iovances of officers o f the Boord, including officers on cont.r-ic t sh,ll l, so fa1· as possible.

be requl?ted by such rules nnd orders ns are applicnble, from t-:i1T.e to time, to the qra<:e o t temporary Central Government of ficcrs to wluch the cent ra 1 G•.Jvc1·nmcnc may declare them to correspond 1n status.

in respect, of the 1 u l e s .,nc'I 01·thns app 11 cable, shall 1 n

(3) Officers of tht: Board shall be entitled to the benefits of the com.:ribut.01 y provident I'und which ma}' he established by the exceed I.ha rat? ;it which the, Central Gaveinment makes contribution to the contributory prcv.idont, fund ;- its own employees:

Provided furthe:· that the provisions of this i:.ub-rule shall not app Ly to of'f i ce rs of uhe Board who are Government servants or .tr? In receipt o I' any r?tir?mcnt. berre f i t; from Government in the form of pension or contr.ibutory provident fund.

(•1) Notwithstanding anything corit.e Lncd in th1s rule the plly, leave and allowances ai any Government servant who has been deputed to serve uncler the Board, shull he regulated hy such crdcrs llS the C,mt:r:al GrJvcrnmont may issue in that behlllf. (S) The se.l.ary , allowances and leave ano other contributions of the off1.ce1·s shall be met from the tund o f the Board.

37. PENALTH;S.-The prov i s ion s' of so much of the Ccntr«l Civil Services (Class1f1.C'.ltion Control and Appoa L) Rules, 1957, as c"lpply to the 1mpositlor1 of .rcnnlties on Centre.?! Government ae rvanus to the off.icers of the Bon r d :

Provi,ied that the prcv1ous sanction of the Centr;il Government. st1all he obtained by the B0a1.·d Lor taking any nc t.i.on against an officer holding a post, the mnximum Sulary of which exceeds Rs.500/- i\ month. RIVER OC\\RD Supplementary Annual Budget for 19 ·. · · · ( ?e rules 14 and 15) STA'IE}.£NT No. I j-·? 4 5 6 •.a:.

\..w Actual Budgeted previous currunt canpleted year fiscal year l 2 A. REX:E!PrS

1. Opening balance

2. Contributions made by the

3. Contributions made by the State GovertJDents of:

(a) • • • •

(b) •

B. EXPENDIWRE

l. Establisbnent-

(a) Salaries of the merl:>ers of the Board

(b) Salaries of Officers

(c) Salaries of establishnent

(d) T.A. of menbers. officers and establisrinent

(f) Medical reimbursement charges Actual For the For the Total last 6 first 6 Oct. - April- March Sept.

in the of the previous current year year Revised for the current year Budgeted Explana- next tions year for the ences in the current year

2. Services-

(a) Telepiones, telegrams & postage

(b) Bank and other charges

(c) Heating and lighting

(d) Other services- legal expenses, audit charges etc.

(a) Office furnitures & fixtures­ repairs and maintenance

(b) Maintenance of office equiµnent (Type-writers, calculating machines, (c} Stationery and forms (repairs and maintenance) (e} Laboratory and testing equiµnent (f} General tools and v;urk equiµnent

(g) Other miscellaneous equipment

4. Other E>cpenditure-

(a) Printing, stencilling and litho

(b) Maps ( c) Books and periodicals

(d) Subscriptions to associations

(e) Rents

(f) Field survey expenses (g} Arn::>unts paid to other organisations for work done by them on behalf of the Board Rs.

Rs.

Rs.

Rs.

Rs.

Date of Sanctioned pay of Amount Allowances Total Amount Increncnt fall1ng Total appoint - the post of of due during the rear amount Remarks ment to Mini- Maxi- Actual provi- Dearness Can- provi- Date Rate .Aox,unt of Name and the rrum mum rate of sion pensa- s i.on of of of pro- Designation post pay on required tory incre-incre-incre- vi- first during ment ment ment sion April the for next financial the year year at year the rate in Col. 5 l 2 3 4 ? 6 7 8 9 10 11 12 13 14 15 A \J\ Annual Statement of Accounts of Receipts & Payment for the year ending 31st March, 19 ((See rules 16 and 17) Receipts ].Opening balance as on 1st April the Central Goverm,ent.

the State GoverTnlents of (a) ( b) 4.0ther receipts .......••.

Rs. Payments l Est abl istmen t (a)Salaries of the menbcrs of the Board.

(b)Salaries of Officers.

(c)Salaries of establishnent.

(d)T.A. of merbers, Officers and establishnenl.

(e)Miscellaneous allowances.

{g)Other charges.

(a)Teleµiones, telegrams and postage.

(b)Bank and other charges.

(c)Heating and lighting.

audit charges. etc.

repairs and maintenance.

(b)?hintenance of office equ1µnent (Typewriters, calculating machines, drawing instrllllents).

(c)Stat1onery and fonns.

( repairs and ma intenancc).

(e)Laboratory and testing equipnent.

(a)Print1ng, stencilling and Litho.

(c)Books and periodicals.

(d)Subscription to associations.

(g)Arrounts paid to other orga- nisations for \I.Ork done by them on behalf of the Board.

·s.Closing Balance as on 31st March, Rs.

(Soc rule 21) To TI1e Secretary to the Govcrrment of WHEREAS there is a matter in dispute between the · and v i z , , (here enter the matter in dispute);

Gov .. errments of AND WHEREAS 1 have been appointed as arbitrator under sub-sect ion

(2) of section 22 of the River Bo?rds Act, 1956 (49 of 1956), 10 respect of the said matter:

Now, 11-iEREFORE, you are hereby required to intimate to me not later than the ....•..•......•• the name{s) and address(es) of the pcrson(s) whan the Gover1TI1ent of •...•.•.....•......... have naninated as its representative(s). I 1 no such intimation is received by me bv the aforesaid date, the case wi 11 be decided in the absence of any representative of the said Coverrment Dated Arbitrator app,1nted under sub-section (2) of section 22 of the River Boards Act, 1956.

ANNEXURE 'o• (See rule 23) To WHERE.AS there is a matter in dl.soote ••••••..••...•.•••••.•••••..••••...••••.•••••....••viz., (here enter the matter in dispute) and that matter has been referred tothe undersigned for arbitration under section 22 of the River Boards Act,1956 (49 of 1956); Now, THEREFORE, you are hereby required to appear before me in personOD the ••..•••• , •••• ,,.day of ..••.••••..••• at ..•... , •...••......•• 01 clock inthe to answer all material quest ions relating to the saidmatter. You are also required to produce on that day all the books, papersand other docunents and things in your possession or under your control inany way relating to the said matter. Arbitrator appointed under sub-section (2),of section 22 of the River Boards Act, 1956. Dated The River Board Rules, 1958

Provisions this rule answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The River Boards Act, 1956