Bare Acts

CHAPTER V MISCELLANEOUS


17. Directions by Central Government.—In the discharge of its functions, the Board shall be
guided by such directions and instructions on questions of policy as may be given to it by the Central
Government.
18. Disputes between the Board and the State Governments.—If any dispute arises between the
Board and the Government of Madhya Pradesh or Uttar Pradesh or both regarding any matter covered by
this Act or touching or arising out of it, it shall be referred to the Central Government and the decision of
the Central Government shall be final and binding on the Board and the said Governments.
19. Power to enter.—Subject to any rules made in this behalf, any officer of the Board generally or
specially authorised by the Board in this behalf may, at all reasonable times, enter upon any land or
premises and there do such things as may be reasonably necessary for the purpose of lawfully carrying
out any works or of making any surveys, examination or investigation, preliminary or incidental to the
exercise of any power or the performance of any function by the Board under this Act:
Provided that no person shall enter into any building or upon any enclosed court or garden attached to
a dwelling house, unless with the consent of the occupier thereof, without previously giving such occupier
at least seven days' notice in writing of his intention to do so.
20. Members, officers and employees of the Board to be public servants.—All members of the
Board and the Executive Committee and all officers and employees of the Board shall be deemed, when
acting or purporting to act in pursuance of any of the provisions of this Act to be public servants within
the meaning of section 21 of the Indian Penal Code (45 of 1860).
21. Protection of action taken in good faith.—(1) No suit, prosecution or other legal proceedings
shall lie against the Central Government or the Government of Madhya Pradesh or Uttar Pradesh or any
member of the Board or the Executive Committee or any officer or employee of the Board for anything
which is in good faith done or intended to be done under this Act or the rules or regulations.
(2) No suit or other legal proceedings shall lie against the Board for any damage caused or likely to
be caused by anything in good faith done or purported to be done under this Act or the rules or
regulations and, in particular, it shall not be the responsibility of the Board to provide for relief measures
necessitated by floods or by breaches and failure of works.

1. Subs. by Act 47 of 1977, s. 7, for “Rajghat Dam and appurtenant works” (w.e.f. 26-12-1977).
7
22. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) the composition of, and the procedure to be followed, by the Executive Committee and all
other matters relating to the Executive Committee, under sub-sections (2) and (5) of section 5;
(b) the powers and duties which may be exercised or discharged by the Chief Engineer of the
Board, under clause (a) of sub-section (2) of section 7;
(c) the terms and conditions of service of the Chief Engineer of, and the Financial Adviser and
the Secretary to, the Board, under sub-section (4) of section 7;
(d) appointment of officers and employees of the Board, under sub-section (1) of section 8;
(e) the form in which and the time at which the budget and annual report of the Board shall be
prepared, under section 14, and sub-section (1) of section 15;
(f) the manner in which the accounts of the Board shall be maintained and audited, under section
16;
(g) the form and manner in which disputes may be referred under section 18 to the Central
Government and the procedure to be followed by the Central Government for the settlement of such
disputes.
23. Power to make regulations.—(1) The Board may, with the previous approval of the Central
Government, by notification in the Official Gazette, make regulations not inconsistent with this Act and
the rules, for enabling it to discharge its functions under this Act.
(2) Without prejudice to the generality of the foregoing power, such regulations may provide for all
or any of the following matters, namely:—
(a) the manner in which and the purposes for which the Board may associate with itself any
persons, under sub-section (5) of section 4;
(b) the powers which may be exercised and the duties which may be discharged by the Chief
Engineer of the Board, under sub-section (2) (b) of section 7;
(c) the terms and conditions of service of the officers (other than the Chief Engineer of the Board,
Financial Adviser and Secretary to the Board) and other employees of the Board, under sub-section
(2) of section 8.
24. Rules and regulations to be laid before Parliament.—Every rule and every regulation made
under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it
is in session for a total period of thirty days which may be comprised in one session or in two or more
successive sessions and if, before the expiry of the session immediately following the session or
successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, as
the case may be, or both Houses agree that the rule or regulation, as the case may be, should not be made,
the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case
may be; so, however, that any such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule or regulation.

Back