23. Disputes between the Board and the State Governments.—(1) If any dispute arises between
the Board and any State Government regarding any matter covered by this Act or touching or arising out
of it, it shall be referred to the Central Government.
(2) The Central Government shall endeavour to resolve the dispute by negotiations or conciliation in
such manner as may be prescribed.
(3) Notwithstanding anything contained in sub-section (2), if the Central Government considers,
whether before initiating action for resolving a dispute by negotiations or conciliation or at any stage after
initiating such action, that the dispute is of such a nature that it is necessary or expedient to refer it to
arbitration, the Central Government shall , in such form and in such manner as may be prescribed, refer
the matter in dispute to an arbitrator who shall be appointed by the Chief Justice of India.
(4) The arbitrator may appoint two or more persons as assessors to assist him in the proceedings
before him.
(5) The decision of the arbitrator shall be final and binding on the parties to the dispute and shall be
given effect to by them.
(6) Nothing in the Arbitration Act, 1940 (10 of 1940) shall apply to any arbitration under this section.
24. Removal, etc., of members.—(1) The Central Government may remove from the Board any
member who, in its opinion,—
(a) refuses to act,
(b) has become incapable to act,
(c) has so abused his office as a member so as to render his continuance on the Board detrimental
to the interests of the public, or
(d) is otherwise unsuitable to continue as a member.
(2) The Central Government may suspend any member pending an inquiry against him.
(3) No order or removal under this section shall be made unless the member concerned has been
given an opportunity to submit his explanation to the Central Government and when such order is passed,
the seat of the member removed shall be declared vacant.
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(4) A member who has been removed under this section shall not be eligible for reappointment as a
member or in any capacity under the Board.
(5) If the Board fails to carry out its functions or directions issued by the Central Government under
this Act, the Central Government shall have power to reconstitute the Board.
25. 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 of its works or of making any survey, examination or investigation, preliminary or incidental to
the exercise of powers or the performance of the functions by the Board under this Act:
Provided that no such officer shall enter any building or 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.
26. Members, officers and employees of the Board to be public servants.—All members, 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).
27. Protection of action taken in good faith.—(1) No suit prosecution or other legal proceedings
shall lie against the Government or any officer of the Government or any member, 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 failures of works.
28. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any
of the following matters, namely:—
(a) the matters with respect to the standing committee of the Board referred to in sub-section (8)
and (9) of section 4;
(b) the term of office of members (other than the ex officio members), and other conditions of
service of the members, of the Board under section 5;
(c) the powers and duties of the Chairman and Vice-Chairman under section 6;
(d) the terms and conditions of service and the powers and duties of the General Manager under
section 7;
(e) the terms and conditions of service of the Financial Adviser under section 8;
(f) the conditions and restrictions with respect to carrying out surveys and investigations and
preparation of a Master Plan under sub-section (1) of section 12 and other matters relating thereto;
(g) the additional functions of the Board under clause (e) of sub-section (1) of section 13;
(h) the conditions and restrictions with respect to the general power of the Board under
sub-section (1) of section 15 and other matters relating thereto;
(i) the form in which, and the time when, the Board shall prepare its budget under section 20 and
its annual report under section 21, and the manner in which the accounts of the Board shall be
maintained and audited under section 22;
(j) the manner in which the Central Government shall endeavour to resolve, under sub-section (2)
of section 23, the disputes referred to therein and the form and manner in which such disputes may be
referred, under sub-section (3) of that section, to arbitration;
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(k) the conditions and restrictions with respect to the exercise of the power to enter under
section 25 and other matters relating thereto;
(l) any other matter which is to be, or may be, prescribed or in respect of which provision is to be,
or may be, made by rules.
29. Power to make regulations.—(1) The Board may, with the previous approval of the Central
Government, by notification in the Official Gazette, make regulations consistent with this Act and the
rules generally to carry out the purposes of this Act.
(2) In particular and 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
person under sub-section (6) of section 4;
(b) the powers and duties of the General Manager of the Board which may be determined under
sub-section (4) of section 7;
(c) the terms and conditions of service of the Chief Engineers, the Secretary and other officers
and employees of the Board under sub-section (3) of section 9;
(d) any other matter in respect of which provision is to be or may be made by regulations.
30. 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 the
successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or
both Houses agree that the rule or regulation 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.