ACT 33 OF 2009 THE PAMPA RIVER BASIN AUTHORITY ACT, 2009 *

2009 · State unknown · central · act_text

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3 · Constitution of the Authority . — (1) The Government may, by notification in the Gazette, constitute with effect from such date as may be specified therein, an Authority to be called the Pampa River Basin Authority.

4 · Composition of the Authority.—The Authority shall consist of the following members, namely:—

5 · Term of office and conditions of service of nominated members.—(1) Notwithstanding anything contained in section 7, the nominated members shall hold office during the pleasure of the Government and their conditions of service shall be such as may be prescribed.

6 · Disqualification for membership of the Authority.—A person shall be disqualified for being nominated as, and for being, a member,—

7 · Removal of a member . —(1) The Government may remove a nominated member, if he, —

8 · Powers and Functions of the Authority.—The Authority shall have the following powers and functions, namely:—

9 · Office, Officers and Employees of the Authority.— (1) The Government shall appoint a Project Director who shall exercise such powers and discharge such duties under the Authority, as may be prescribed.

10 · Meetings.—(1) The Authority shall meet at such times and at such places and observe such procedure in regard to the transaction of business at its meeting, as may be provided by Regulations. (2) The Member-Secretary shall convene the meetings of the Authority on the advice of the Vice-Chairman. (3) The Chairman of the Authority shall preside over the meetings of the Authority and in the absence of the Chairman, the Vice-Chairman shall preside over the meetings. (4) The quorum for the meeting of the Authority shall be one-third of the existing members and the decisions may be taken by simple majority of those present and vote in the meeting. (5) The Authority shall meet at least once in three months. 11. Constitution of the Executive Committee and its functions.—(1) The Authority may constitute a Committee called the Executive Committee consisting of the following members, namely:— (i) Secretary, Water Resources Department, who shall be the Chairman of the Committee; (ii) Chief Engineer, Project II, Irrigation Department, who shall be the Secretary of the Committee; (iii) Secretary, Kerala State Pollution Control Board;

12 · Fund of the Authority.—(1) The Authority shall have its own Fund and all receipts of the Authority shall be credited thereto and all payments by the Authority shall be made therefrom. The administrative expenses of the Authority including the salaries, allowances, etc. of the officers and employees of the Authority shall be met from this Fund.

13 · Application of Fund.—The Fund of the Authority and all property held or vested in the Authority shall be applied for the administration of the Act.

14 · Budget.—The Authority shall prepare in such form and at such time every year as may be prescribed, its Budget for the next financial year showing the estimated receipt and expenditure.

15 · Annual Report . — (1) The Authority shall prepare its annual report giving full details of its activities during the previous financial year and submit a copy to the Government, in such form as may be prescribed.

16 · Accounts and Audit.—(1) The Accounts of the Authority shall be maintained and audited in such manner as may be prescribed.

17 · Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall lie against the Authority or any member of the Authority for anything which is done or intended to be done in good faith in pursuance of the provisions of this Act or any rule made thereunder.

18 · Bar of Jurisdiction of civil court . —N —No civil court shall have jurisdiction to settle, decide or deal with any question or to determine any matter which is by or under this Act required to be settled, decided or dealt with or to be determined by the Government or Authority or any officer authorised by the Government or Authority.

19 · Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, do anything not inconsistent with this Act or the rules made thereunder, which appears to them necessary for the purpose of removing the difficulty:

20 · Members and employees of the Authority to be public servants.—All members and employees of the Authority shall, while acting or purporting to act in pursuance of any of the provisions of this Act or the rules or regulations made thereunder, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860).

21 · Power to make regulations.—The Authority may, with the previous approval of the Government, make regulations in respect of the matters provided in sub-section (1) of section 10, and particularly of the procedure to be followed by the Authority and the Executive Committee, as the case may be, for the meetings and disposal of the matters coming up before the Authority or the Executive Committee.

22 · Power to make Rules.—(1) The Government may, by notification in the Gazette, make rules to carry out all or any of the purposes of this Act. 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:—

24 · Repeal and Saving.—(1) The Pampa River Basin Authority Ordinance, 2009 (19 of 2009), is hereby repealed.

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