An Act no. 46 of the year 1980 was enacted as Central Governments as with the name and short title as ‘the Brahmaputra Board Act, 1980’. The same was provided with the aim and object to make provisions as to establishment of a Board in order to plane implementation of measures for controlling the flood and bank erosion in the Brahmaputra Valley. The Act was enacted by the Parliament of India on 31st year of republic of India and the same has received the assent of honourable President of India on 1st day of September, 1980.
The main declaration which is sought to provide under this Act is relating to the taking over by the Central Government under its control the regulation and development of the Inter- State Brahmaputra River valley to the certain extent as given under this Act, for the interest of public at large.
Further, so far as the establishment of the Board as aforesaid is concerned, the provisions of chapter II provides that the Central Government should provide for the date on which such Board being a corporate body with the name ‘Brahmaputra Board’ to be established. Such Board should have all the features of the registered company as required under this Act and there should be Chairman, Vice- Chairman duly appointed by the Central Government and other Members including General Manager and Financial Adviser to the Board, ex-officio should also compose the said Board. Moreover, such Board is empowered to constitute a Standing Committee for performing its delegated functions, where General Manager and Financial Adviser and other three Members of the Board should compose it. Further, the provisions as to conditions of such Members service will so as provided. And the Chairman and Vice- Chairman should perform the functions specified or delegated to them by the Board in addition to the functions related to the meetings. Further, the Central Government is empowered to appoint aforesaid General Manager and Financial Adviser to the Board. Such General Manager should be the Chief Executive Authority of the Board and for assisting the General Manager, there should be appointed two Chief Engineers by the Central Government. And in addition the Government should also appoint the Secretary to the Board. Moreover, the Board is also empowered to appoint other necessary officers and employees for the efficient discharge of its functions. Besides this, the Board can also constitute Advisory committee from time to time.
Further, chapter III provides for powers and functions of the Board, where at the first instants the Act required the Central Government to demarcate the limits of the said Valley and the Board should perform and exercise its functions and powers for Central Government specifies areas. Further, the Board is required to make surveys and investigations in relation to the Brahmaputra Valley and the Master Plan to be prepared by it for controlling the floods and bank erosion and also for improving the drainage therein. And said prepared master plan to be submitted by it to the Central Government and the said Government can approve the same in consultation with the concerned State Governments. Besides there are also certain functions provided for the Board to perform under this Act.
Further, the Act under its fourth Chapter makes provisions as to controlling by the Central Government, where that Government is required to issue the necessary directions and instructions to the Board from time to time so as to efficient administration of this Act. The next chapter is dealing with finance, accounting and auditing of the Board. At the first instant the chapter empowers the Central Government to pay the Board certain necessary amounts. And taking such amounts, a fund to be constituted with the name ‘Brahmaputra Board Fund’ for its application to the meet the salary, allowances, etc. to the Members, Officers, etc. of the Board and for all other given expenses such fund to have applicability. Further provisions regarding budgets, annual reports, accounting and its auditing, etc also provided under subsequent provisions of this Act.
Lastly, miscellaneous provisions of the Act are provided under last chapter thereof, where firstly it is provided that any disputes between the Board and any concerned State Government should be referred to the Central Government and that Government will resolve the same either by way of negotiations or conciliation in the prescribed manner. Moreover, there can also be referred such disputes to the Arbitration. Act also provides for removal of the Members of the Board. Also it is provided that all such members, officer, employees of the Act should be treated as public servants within the meaning of the IPC. Act, further makes provisions as to protection to the Government, any officer thereof and any Member, Officer, etc. of the Board that there should not be any legal actions for any acts done by them in the good faith. Lastly, the Central Government is provided with the power to make rules on the given matters. And the Board is empowered to made Regulations on the given matters.
Adv. Faim Khalilkhan Pathan