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.
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.
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.
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).
(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 members 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) 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 fore going 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.
(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.
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 session and if, before the expiry of the session immediately following the session or successive sessions aforesaid, 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.
THE SCHEDULE [See section 3(f)]
DESCRIPTION OF RAJGHAT DAM
The Dam is to be built across the Betwa river about one furlong upstream of Lalitpur Chanderi Causeway at Rajghat on the river Betwa, District, Lalitpur, of Uttar Pradesh. The Dam will comprise a masonry section in the river bed and earthen flanks on both sides. It will also include the earth dam to be constructed in the saddles on either side for creating a reservoir.
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