In 1980, the Brahmaputra Board Act was enacted to address the issues and challenges posed by the Brahmaputra River and its tributaries in India. With its origins in the country’s North-Eastern region, the Brahmaputra River is vital in the socio-economic, ecological, and cultural fabric, and affects thousands of people.
Because the river is prone to catastrophic flooding during the snow melting of the Himalayas, the Indian Government brought an Act to establish the Brahmaputra Board for controlling the floods and erosion management.
The Brahmaputra Board is a specialised authority for planning, managing, and harnessing the water resources of the Brahmaputra valley.
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Brahmaputra Board Act, 1980
The President consented to the Brahmaputra Board Act on 1 September 1980, which came into force on 31 December 1980.
The primary objective of the Act is to establish the Brahmaputra Board to manage and plan the measures to control bank erosion and floods in the Brahmaputra valley. The Board seeks effective implementation through various sections of the Act.
Section 2 of the Act declares that the Union Government can control the development and management of the Brahmaputra inter-state river valley for public interest.
Brahmaputra Board
The Department of Water Resources, Ministry of Jal Shakti (then called the Ministry of Irrigation) constituted a statutory body called the Brahmaputra Board for managing the Brahmaputra Valley. Chapter 2 of the Brahmaputra Board Act provides for establishing and incorporating the Brahmaputra Board.
Members of the Brahmaputra Board
Section 26 of the Act provides that all Board members and employees are Public Servants as defined under the Indian Penal Code.
The Central government makes rules and regulations for the terms and conditions of service for the members of the Board other than ex-officio members.
Section 3 of the Brahmaputra Board Act provides the following to be the members of the Board as appointed by the Central Government:
- Chairman
- Vice-Chairman
- General Manager
- Financial Advisor, ex-officio
- Representatives from the Governments of Assam, Manipur, Meghalaya, Tripura and Nagaland, the Administrations of Arunachal Pradesh and Mizoram, and the North-Eastern Council
- Representatives from the Union Government Ministries of Agriculture, Power, Transport, Finance, and Irrigation
Representatives from the India Meteorological Department, the Central Electricity Authority, the Geological Survey of India, and the Central Water Commission.
Section 9 provides for the appointment of the following members by the Central Government:
- Secretary of the Board
- Two Chief Engineers
- Other officers as per the need.
Standing Committee
The Board can also constitute a standing committee for exercising and discharging the functions of the Board. The Standing Committee shall consist of the following members:
- General Manager of the Board
- Financial Advisor to the Board
- Three other members of the Board
Advisory Committee
The Board may also constitute an Advisory Committee for effective implementation and functioning subject to rules made by the Central Government.
Removal of Board Members
According to Section 24 of the Brahmaputra Board Act, the Central Government can expel the members of the Board on the following grounds:
- If the member refuses to act
- If the member is incapable of performing
- If the member abuses his office
- If the member fails to continue due to any other reason
- In case of any pending inquiry against the member
In the case of failure to fulfil the functions or directions of the Board, the Union government can reconstitute the Board. However, the expelled members are not eligible for reappointment as Board members.
Powers and Functions of the Brahmaputra Board Per Brahmaputra Board Act
Chapter 3 of the Brahmaputra Act states that the powers and functions of the Brahmaputra Board include the following:
- Survey and investigate the Brahmaputra Valley and prepare the master plan for controlling floods and bank erosion, improving drainage, and developing and utilising the valley’s water resources.
- Revise the master plan according to the modifications suggested by the government and perform such other functions as supplemental or incidental to it.
- Prescribe the specifications and standards for the dams and other projects’ construction, functioning and maintenance.
- Construct, operate, and maintain multi-purpose dams and other related works after the Central Government’s approval.
- Conduct any direction or instructions issued by the Central Government.
- Prepare the reports and estimates related to the dams and other projects as proposed in the master plan.
- Prepare a phased programme for the construction of all the dams and other projects by the State Government after consultation.
- Build, operate, and maintain such necessary dams and other projects after approval of the Central Government.
- Direct the State government to submit the information, data, and reports for proper functioning.
- Publish reports and statistics related to flood control, bank erosion, and drainage of the Brahmaputra valley.
- Prepare a budget at a prescribed time depicting estimated expenditures.
- Prepare an annual report detailing the entire account of activities of the previous year.
- Forward copies of the master plan, estimates, budget, and reports to the Union Government and concerned State Government.
- Perform all the functions as prescribed to implement the Act effectively.
Role of the Central Government in Brahmaputra Board
As provided by the Brahmaputra Board Act, the Central government has the following powers and responsibilities:
- It can issue directions and instructions to the Board for efficient implementation of the Act.
- It can direct the Board to exercise all such powers as required to ensure that the dams and other projects comply with the standards and specifications set by the Board.
- It can provide financial assistance to the Board for dams and other projects after the approval of the State Government.
- It shall consult with the Board about the master plan and all other programmes and plans proposed by the Board.
- In case of disputes between the Board and the State Government, the Central Government shall seek to resolve the dispute through negotiation, arbitration and conciliation.
- It provides grants and loans to the Board as it may deem fit according to Section 18.
- It can appoint and remove the members of the Board.
- It can make rules and regulations for the matters provided in Sections 28 and 29, respectively, and all such laws and regulations shall be laid before each House of Parliament.
Brahmaputra Board Fund
Section 19 of the Brahmaputra Act provides for establishing the Brahmaputra Board Fund. The Central and State Governments are responsible for paying the required sums to the Board. The Board has to utilise the funds for the following purposes:
- Salary, allowances, and other expenses of the members and employees of the Board
- Administrative costs of the Board
- Surveys and investigations the Board conducts
- Paying the funds provided by the Central government to the concerned State governments for the execution of any dam or other projects.
- Other expenditures of the Board.
Conclusion
The Brahmaputra Board Act of 1980 established the Brahmaputra Board to control the flooding and bank erosion of the Interstate Brahmaputra Valley. The Act empowers the Board to implement development and other measures for utilising the valley’s water resources.
The Board has several permanent and temporary members appointed by the Central government. The Act also provides numerous powers to the Union Government to bring the Brahmaputra Board under its control for uplifting public interests.
The Brahmaputra River is a lifeline for millions, the Brahmaputra Board Act maintains the conditions of the Brahmaputra valley by developing dams and other related projects. This maintains the socio-economic and environmental status of the region.
Frequently Asked Questions on the Brahmaputra Board Act
What are the limits of Brahmaputra Valley?
The Central government periodically determines the limits of Brahmaputra Valley. As of 2005, the Valley covers the entire North Eastern region, Sikkim, and the northern part of West Bengal, falling under the Brahmaputra and Barak Valleys.
What is a Master Plan?
Section 2(d) of the Brahmaputra Board Act defines the Master Plan as a plan made by the Brahmaputra Board for controlling floods and bank erosion and improving the drainage system in the Brahmaputra Valley.
What is a Multi-purpose Dam?
Multi-purpose Dam is a dam built for controlling floods and other purposes. Brahmaputra Board has the power to build, operate, and maintain such dams with the prior approval of the Central Government.
Who is the chief executive of the Brahmaputra Board?
The General Manager of the Board is the Chief Executive Board, who is subject to the control of the Board and its Chairman. The Central government appoints the General Manager.
In a dispute between the State government and the Brahmaputra Board, who appoints the Arbitrator?
If the Central government finds it necessary to refer the disputed matter to an Arbitrator, the Chief Justice of India can appoint him/her. However, the Arbitration Act of 1940 does not apply to these matters.
How are the accounts of the Brahmaputra Board maintained?
The accounts of the Board are audited and maintained in a manner prescribed by rules made under the Brahmaputra Board Act after consultation with the Comptroller and Auditor General of India.
