THE KRISHNA, GODAVARI AND PENNAR DELTA DRAINAGE BOARD AND CESS FUND RULES, 1985

[1]THE KRISHNA, GODAVARI AND PENNAR DELTA DRAINAGE BOARD AND CESS FUND RULES, 1985

PREAMBLE

In exercise of the powers conferred by Section 15 of the Andhra Pradesh (Krishna, Godavari and Pennar Delta Area) Drainage Cess Act, 1985. (Act No. 26 of 1985), the Governor of the Andhra Pradesh hereby makes the following rules, namely.

PART I  PRELIMINARY

Rule - 1. Short Title.

These rules may be called the Krishna, Godavari and Pennar Delta Drainage Board and Cess Fund Rules, 1985.

Rule - 2. Definitions.

In these rules, unless the context otherwise requires:

(a)      "Act" means the Andhra Pradesh (Krishna, Godavari and Pennar Delta Area) Drainage Cess Act, 1985;

(b)      "Chairman" means the Chairman of the Krishna, Godavari and Pennar Delta Drainage Board;

(c)      "Committee" means a Committee appointed by the Board under sub-section (2) of Section 7;

(d)      "Government servant" means a person in the employment, or appointed to any office, under the Government;

(e)      "Member" means a member of the Board or the Committee, as the case maybe;

(f)       "Secretary" means the Secretary to the Board.

PART II

Rule - 3. Composition and Powers of District Committee.

[2][(1) The Committee for each district in the delta area shall consist of the following namely.

(i)       The District Collector........................Chairman

(ii)      The Chairman. Zilla Praja Parishad

(iii)     The Members of Legislative Assembly representing the delta areas of the district.

(iv)    The Members of the Parliament of the District.

(v)      Non-M.L.A. Members of the State Drainage Board from the District.

(vi)    The Presidents of the Mandal Praja Parishads representing the delta areas of the district; and

(vii)   The Superintending Engineers in-charge of the works in the District.

Rule - 4. Term of Office of Chairman and Members

(1)     The term of office of the Chairman and Members not being Government servants shall be two years from the date of appointment. An outgoing Chairman or Member may be eligible for re-appointment on the expiry of his term of office.

(2)     The Chairman or Member who is a Government servant shall hold office during the pleasure of the Government.

Rule - 5. Head-Office of the Board.

The Head Office of the Board shall be in the office of Chief Engineer in-charge of Drainage Schemes.

Rule - 6. Pilling of casual vacancies among members

In the event of the occurrence of any vacancy in the office of a member by reason of his death, resignation, removal or otherwise, the Government may fill the vacancy by appointing another person in his place and a person so appointed shall hold office only for the residue of the term of office of his predecessor.

Provided that no casual vacancy occurring within three months of the date of expiry of the normal term of office of a member shall be filled under this rule.

Rule - 7. Removal and resignation of Chairman and members.

(1)     The Government may, at any time, by an order and for reasons specified therein, remove the Chairman or a Member, not being a Government servant from office after giving him an opportunity of showing cause against the proposed removal.

(2)     The Chairman or a member not being a Government servant may resign his office by giving two months notice a writing to the Govt. unless the Government waive such notice. On such resignation being accepted by the Government and the acceptance communicated to the person concerned he shall be deemed to have vacated his office with effect from the date of such communication.

Rule - 8. Traveling Allowance and Daily Allowance of Members being Government Servants.

The Chairman or member, who is a Government servant shall be entitled to such travelling and daily allowances as are admissible, under the rules applicable to him/or journeys performed on official duty. When such journeys are performed exclusively for the purposes of the Board or its Committee, the Board shall reimburse to the Government the amount so paid towards the travelling and daily allowances of the Government Servants.

Rule - 9. Traveling allowance and Daily Allowance payable to Chairman and Members of the Board and Committee not being Government Servants.

(1)     The Chairman and Members, not being Government servants, shall be entitled to traveling allowance and daily allowance and such other allowances as may be admissible, for the journeys performed by them for the purpose of the Board or its committees, as the case may be, according to the Andhra Pradesh Traveling Allowance Rules as applicable to the class of officers to which the Government may declare them to correspond in status.

(2)     No journey shall be performed by the Chairman or member for the purpose of the Board or its Committees outside the State of Andhra Pradesh without the prior approval of the Government.

(3)     The Joint Secretary/Deputy Secretary, Irrigation Department, who is appointed as the Secretary to the Board shall be the Controlling Officer in respect of all Traveling Allowance bills claimed under this rule.

(4)     The Chairman or a member, not being a Government Servant, shall not be entitled to any remuneration other than the allowances provided in these rules.

Rule - 10. Conveyance Allowance.

The Chairman or member, not being a Government Servant residing at a place where the meeting of the Board or its Committee is held, shall not be entitled to any traveling allowance, but shall be entitled to the actual cost of conveyance, to and from his residence to the place of the meeting, subject to a maximum of rupees twenty.

Rule - 11. Secretary of the Board.

The Board shall, with the previous approval of the Government appoint a person, not being a member of the Board, to be the Secretary of the Board, who shall be the Chief Executive Officer of the Board.

Rule - 12. Time and place of the meeting of the Board.

The Board shall meet at such time and place as the Chairman may, from time to time determine.

Provided that the Board shall meet at least once in two months.

Rule - 13. Power to convene meeting of the Board.

The Chairman may, at any time call for a meeting of the Board and shall do so if a requisition for the purpose is received from not less than five non-official members of the Board specifying the purpose for which the meeting is proposed to be called or if a direction from the Government to do so is issued.

Rule - 14. Notice of Meetings.

(1)     Ordinarily, not less than ten clear days notice of every meeting (not being an adjourned meeting) of the Board shall be given to each member. But a meeting may be convened at a shorter notice by the Chairman, if in his opinion the Board has to consider any matter of urgency.

(2)     A notice may be sent to a member by post or served on him in person.

(3)     Any irregularity in giving notices to any of the members shall not invalidate any resolution passed at the meeting.

Rule - 15. Presidency over meetings.

(1)     The Chairman shall preside over any/ every meeting of the Board.

(2)     If the Chairman is not present at any such meeting the members present shall choose one from among themselves to be the presiding member of that meeting.

Rule - 16. Quorum and other matters:

(1)     The quorum for a meeting of the Board shall be six. If there is no quorum within fifteen minutes of the time appointed for the meeting, no meeting shall be held and the Chairman or the presiding member of the meeting shall adjourn the meeting to a specified time and date.

(2)     If at any time during the progress of the meeting after its commencement, there is no quorum, it shall not be dissolved but shall continue to be held.

(3)     No quorum shall be necessary at any adjourned meeting.

(4)     No matter shall be considered at an adjourned meeting other than matters left over at the meeting from which the adjournment took place.

Provided that the Chairman or the presiding member may bring/direct to be brought any new matter, which in his opinion, is urgent, before an adjourned meeting of the Board, with or without notice.

(5)     Any point of order raised at a meeting shall be decided by the Chairman or the presiding member and his decision thereon shall be final.

(6)     The Chairman or the presiding member of the meeting may direct any member whose conduct at the meeting, is in his opinion, disorderly to withdraw and any such member so ordered shall withdraw.

(7)     No proceedings of the Board shall be invalid by reason merely of a vacancy existing in the Board or by reason of any irregularity in the conduct of the business of the meeting.

(8)     Every member shall have one vote.

All questions which come up before any meeting of the Board shall be decided by a majority of the votes of the members present and voting and in the event of equality of votes, the Chairman or the presiding member of the meeting shall have and exercise a second or casting vote.

(9)     In cases not expressly provided for in this rules for the conduct of a meeting, the decision of the Chairman or the presiding member of the meeting on all matters relating to the conduct of business at a meeting shall be final.

Rule - 17. Record of Business.

(1)     the proceedings of every meeting of the Board shall be recorded in a minutes book to be kept for this purpose by the Secretary and shall be signed by the Chairman or the presiding member at that or the next succeeding meeting. The proceedings shall be circulated to all the members and a copy thereof shall be sent to the Government.

(2)     An entry of such proceedings in the minutes book shall be conclusive evidence of the fact of such proceedings having taken place in the meeting of the Board.

Rule - 18. Transaction of business by the circulation of papers.

(1)     Any business which may be necessary for the Board to transact may, if the Chairman or the presiding member so directs, be dealt with by circulation of papers under registered cover among the members for the time being available at their usual address and any resolution so circulated and approved by the majority of the members signing, shall be deemed to be a resolution passed at a meeting of the Board. When any business is so referred to the members by circulation, a period of not less than seven clear days shall be allotted for the receipt of replies from the members such period reckoned from the date on which the notice is issued.

(2)     The result of such circulation shall be communicated to all the members.

Rule - 19. Committees.

Rules 4, 6 to 10 & 12 to 18 shall, as far as may be apply to the transaction of business of the Committees of the Board, subject to such further instructions as may be issued in this regard by the Board.

Rule - 20. Delegation.

Subject to such conditions and limitations, as may be specified in the order, the Board may with the approval of the Government by general or special order, authorise the Chairman, any other member, the Secretary or other officer of the Board, to exercise such of its powers and perform such of its functions under the Act as it may deem necessary.

PART III KRISHNA, GODAVARI AND PENNAR DELTA DRAINAGE CESS FUND

Rule - 21. Administration of Fund.

[3][(1) The amounts collected towards Drainage Cess shall be credited to the following Head of Account as the case may be.

M.H. 0702 Minor Irrigation-S. M.H. 04-Flood Control H.M. 103 Drainage Projects-A Godavari Delta Area-S.H. (01) Drainage Cess Collections.

M.H. 0702 Minor Irrigation-S. M.H. 04 Flood Control-M. H. 103 Drainage Projects-B. Krishna Delta Area-S.H. (01) Drainage Cess Collections M.H. 0702 Minor Irrigation-S. M.H. 04-Flood Control M.H. 103 Drainage Cess Collections.

Provided that an amount equal to the Cess collected shall be transferred to the Fund by debt to the following head of account, namely M.H. 2711 Flood Control-S. M.H. 03 Drainage-M. H. 797 Transfer to Reserve Funds-S.H. (01) Transfer to Krishna, Godavari and Pennar Delta Drainage Cess Fund-230 Inter Account Transfers.]

(2)   The expenditure on the drainage schemes shall be debited to the appropriate head of account within the Consolidated Fund of the State, either in the revenue or capital head according to the expenditure falling under the revenue or capital head and at the end of each financial year, an equivalent amount shall be transferred to the Krishna, Godavari and Pennar Delta Drainage Cess Fund account to the concerned head by means of a deduct entry Deduct expenditure met from the Krishna, Godavari and Pennar Delta Drainage Cess Fund Account.

(3)   The expenditure incurred by the Board for purposes common to all or any of the divisions, like the establishment, tools and plants, shall be apportioned among the divisions concerned as far as possible in the proportion in which the expenditure is incurred on the drainage schemes in these respective divisions.

(4)   The Board shall submit, for approval of Government in each financial year not later than 1st October, a statement of programme of the activities proposed to be carried out by it in the ensuing financial year as well as the financial estimate in respect thereof. The Government may specify the form in which the programme of activities and annual financial estimates (original or supplemental) shall be submitted by the Board to the Government.

(5)   The Board shall be treated as a head of department in matters relating to the preparation and submission for the annual budgets.

(6)   A supplementary programme of activities and financial statement if necessary, shall also be submitted to the Government during the financial year to which the supplementary statement pertains.

(7)   The Board shall, as soon as possible, after the close of each financial year, submit to the Government an annual report of the Board's operations during that financial year and the activities that are likely to be under taken in the next financial year.

(8)   The annual report referred to in sub-rule (7) shall, in addition to matters of general interest, deal with the following matters namely.

(a)      a map showing the jurisdiction of the Board with important works marked thereon;

(b)      the names of the members and chief officers of the Board; organisation of the Board and a chart showing the organisation;

(c)      review of the work done by the various committees;

(d)      the progress made in the planning and construction programme in the financial year; and

(e)      the annual budget and the expenditure incurred.

Rule - 22.

It shall not be necessary for the Board to obtain the concurrence of the Government in respect of any drainage scheme costing less than rupees ten lakhs.