Bare Acts

CHAPTER IV MISCELLANEOUS


22. Arbitration.—(1) Where any dispute or difference arises between two or more Government
interested with respect to—
(a) any advice tendered by the Board under this Act;
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(b) any measurers undertaken by any Government interested in pursuance of any advice tendered
by the Board;
(c) the refusal or neglect of any Government interested to undertake any measurers in pursuance
of any advice tendered by the Board;
(d) the sharing of benefits or financial liabilities arising out of any advice tendered by the Board;
(e) any other matter covered by this Act or touching or arising out of it,
any of the Governments interested may, in such form and in such manner as may be prescribed, refer the
matter in dispute to arbitration.
(2) The arbitrator shall be person to be appointed in this behalf by the Chief Justice of India from
among persons who are, or have been, Judges of the Supreme Court or are Judges of a High Court.
(3) The arbitrator may appoint two or more persons as assessors to assist him in the proceeding before
him.
(4) The decision of the arbitrator shall be final and binding on the parties to the dispute and shall be
given effect to by them.
(5) Nothing in the Arbitration Act, 1940 (10 of 1940), shall apply to arbitrations under this section.
23. Returns and reports.—The Board shall furnish to the Central Government such returns,
statistics, accounts and other information with respect to its fund or activities as the Central Government
may from time to time require.
24. Delegation of powers.—The Board may, by general or special order in writing, delegate to the
chairman or any other member of any officer of the Board, subject to such conditions and limitations, if
any, as may be specified in the order, such of its powers and functions under this Act as it may deem
necessary for the efficient running of the day-to day administration of the Board.
25. Members and officers of Board to be public servants.—All members and officers of a Board
shall, when acting or purporting to act in pursuance of any of the provisions of this Act, be deemed to be
public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
26. Protection of action taken in good faith.—No suit or other legal proceeding shall lie against any
member or officer of a Board in respect of anything which is in good faith done or intended to be done in
pursuance of this Act.
27. Dissolution of Board and transfer of assets and liabilities.—(1) When the Central Government
is of opinion that a Board has performed its functions under this Act, the Central Government, after
consultation with the Governments interested, may, by notification in the Official Gazette, declare that the
Board shall be dissolved from such date as may be specified in this behalf in such notification; and the
Board shall be deemed to have been dissolved accordingly.
(2) On the dissolution of the Board by a notification under sub-section (1),—
(a) all properties, funds and dues which are vested in, or realisable by, the Board shall vest in, and
be reliable by, such Government or authority as may be specified in the said notification; and
(b) all liabilities which are enforceable against the Board shall be enforceable only against the
Government or authority specified in the said notification.
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) 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 salaries, allowances and conditions of service of members of the Board;
(b) the matters in respect of which a Board may tender advice to the Governments interested
under sub-clause (viii) of clause (a) of section 13;
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(c) the matters in respect of which the Board may require a Government interested to furnish
information;
(d) the manner in which the Central Government may assist the Governments interested to
execute any scheme prepared by the Board;
(e) the form in which, and the time within which, the budget and annual report of the Board may
be prepared and forwarded to the Central Government and the Governments interested;
(f) the form and manner in which the accounts of the Board may be maintained, and the time at
which, and the manner in which, such accounts may be audited;
(g) the returns and information which the Board may be required to furnish to the Central
Government;
(h) the form and manner in which a dispute may be referred to arbitration under this Act;
(i) the procedure to be followed in arbitration proceedings under this Act;
(j) the manner of recruitment of the officers of a Board and the terms and conditions of service of
such officers;
(k) any other matter which has to be, or may be prescribed;
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[(3) Every rule made under this section 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 both Houses agree that the rule should not be made, the rule 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.]
29. Power to make regulations.—2
[(1)] The Board may, with the previous approval of the Central
Government, by notification in the Gazette of India, make regulations, not inconsistent with this Act or
the rules made thereunder—
(a) regulating the meetings of the Board and the procedure for conducting business thereat;
(b) regulating the manner in which, and the purposes for which, advisory committees may be
appointed;
(c) regulating the manner in which and the purposes for which persons may be associated with
the Board under section 11;
(d) determining the terms and conditions of service of the members of advisory committees, of
persons associated with the Board under section 11 and of all officers appointed by the Board.
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[(2) Every regulation made under this section 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 regulation or both Houses agree that the regulation should not be made, the 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 regulation.]

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