Subject NOT available

click here for IIIF manifest

REGISTERED NO. D. (D.)-72 The Gazette of India

EXTRAORDINARY

PART II—Section 3— Sub-Section (II)

PUBLISHED BY AUTHORITY

No. 524] NEW DELHI, WEDNESDAY, DECEMBER 12, 1979/AGRAHAYANA 21, 1901 Separate paging is given to this Part in order that it may be filed as a separate compilation

(1415)

957 GI/79

957GI/79—2

MINISTRY OF AGRICULTURE ANT) IRRIGATION

(Department of Irrigation)

NOTIFICATION

New Delhi, the 12th December, 1979

S.O. 792(E).—Whereas the Central Government had con- stituted by notification No. S.O. 4054, dated the 6th October, 1969, issued under section 4 of the Inter-State Water Disputes Act, 1956 (33 of 1956), the Narmada Water Disputes Tribunal to adjudicate upon the water dispute regarding the inter- state river, Narmada and the river valley thereof ;

And whereas the said Tribunal investigated the matters referred to it and forwarded to the Central Government, under sub-section (2) of section 5 of the said Act, a report setting out the facts as found by it and giving its decision on tho matters referred to it ;

And whereas upon consideration of the said decision, the Central Government and the Governments of Gujarat, Madhya Pradesh, Maharashtra and Rajasthan made references to the said Tribunal under sub-section (3) of section 5 of the said Act and the Tribunal has, on such references, for- warded to the Central Government under that sub-section a further report giving such explanations and guidance as it deemed fit ;

Now, therefore, in exercise of the powers conferred by section 6 of the said Act, the Central Government hereby publishes the decision of the said Tribunal as modified by the Tribunal with reference to the explanations and guidance given in its further report.

DECISION OF THE NARMADA WATER DISPUTES TRIBUNAL AS MODIFIED BY THE EXPLANATIONS AND GUIDANCE GIVEN IN ITS FURTHER REPORT

"Final Order And Decision of (be Tribunal

Clawe 1 : Date of Coming Into Operation Of the Order

This Order shall come into operation on the date of publi- cation of the Decision of this Tribunal in the Official Gazette under Section 6 of the Inter-State Water Disputes Act, 1956.

Clause I I: Determination Of The Utillsable Quantum Of

Narmada Waters At Sardar Sarovar Dam Site

The Tribunal hereby determines that the utilisable quantum of waters of the Narmada at Sardar Sarovar Dam Site on the bash of 75 per cent dependability should be assessed at 28 Million Acre Feet (34,537.44 M. cu. m).

Clause III i Apportionment of The Utillsablc Quantum Of

Narmada Water*

(1) The Tribunal hereby orders that out of the utilisable quantum of Narmada waters, (a) Madhya Pradesh is entitled to a share of 18.25 Million Acre Feet (22,511.01 M cu m) (b) Gujarat is entitled to a share of 9 Million Acre Feet (11,101.32 M. cu. m.), (c) Rajasthan is entitled to a share of 0.5 Million Acre Feet (616.74vM, cu. m.) and (d) Maharashtra is entitled to a share of 0.25 Million Acre Feet (308 37 M cu. m.);

(2) Further, it is clarified that the apportionment relates to

actual withdrawals and not consumptive use ;

(3) Within its share of water, each party State is free to mate such changes in the pattern of water use and in the areas to be benefited within or outside the Narrnada basin In its territory as it may consider necessary.

Clause IV : Order With Regard To Eicess Watera And Shartne

Of Dfctresa

(1) The utilisable flow of Narmada in excess of the 28 Mil- lion Acre Feet (34,537.44 M. cu. m.) of utilisable flow in any water year, i.e., from 1st of July to 30th of June of next calendar year is apportioned in the following ratios of allo- cation i.e., 73 for Madhya Pradesh, 36 for Gujarat, 1 for Maharashtra and 2 for Rajasthan;

(2) In the event of the available utilisable waters for allo- cation in any water year from 1st of July to 30th June of the next calendar year falling short of 28 Millipn Acre Feet (34,537.44 M.cu.m.) the shortage should be shared between the various States in the ratio of 73 for Madhya Pradesh, 36 for Gujarat, 1 for Maharashtra and 2 for Rujasthan;

(3) The available utilisable waters hi a water year will in- clude the waters carried over from the previous water year as assessed on the 1st of July on the basis of stored water* available on that date ;

(4) The available utilisable waters on any date will be in- clusive of return flows and exclusive of losses due to evapo- ration of the various reservoirs;

(5) It may be mentioned that in many years there will bo Burplus water in the filling period after meeting the storage requirements and withdrawals during the period. This will flow down to sea. Only a portion of ft wfll be utilisable for gen

Gujarat is, therefore, directed that whenever water starts going waste to sea without generating power, or based on the information received from upstream gauging stations, it anti- cipates that water would so go waste, it shall inform the Narmada Control Authority (hereinafter referred to as the Authority) and designated representatives of all the concerned States. Gujarat shall also inform them when such flows cease. During the period of such flows, the party States, whose re- servoirs are spilling and the spill water cannot be stored else- where, may utilise such flows from the said reservoirs as they like and such utilisation by the party States will not count towards allotment of supplies to them, but use of such watei will not establish any prescriptive rights.

Clause V: Period of Operation of The Order of Apportion-

ment

Our OTders with regard to the equitable allocation to Clauses III and IV are made subject to review at any time after a period of 45 years from the date of publication of the Decision of the Tribunal in the Official Gazette.

Clause VI t Full Supply Level of The Navagam Canal

The Tribunal hereby determines that the Full Supply Level of Navagam Canal offtaking from Sardar Sarovar should be fixed at 91.44 m., ( + 3 00 at its head regulator with a bed gradient of 1 in 12,000 from head to 290 km. (mile 180), that is, upto the offtake of Saurashtra branch. From that point to Rajaslhan border the bed gradient should be 1 in 10,000. These bed gradients may be changed by Gujarat and Rajasthan by mutual agreement. Gujarat and Rajasthan shall be at liberty to decide the canal capacity required by each in the light of water which would be expected to be available within their stare.

Clause VII i Full Reservoir Level And Maximum Watei

Level Of The Sardar Sarovaf Dam

The Tribunal hereby determines that the height of the Sardar Sarovar Dam should be fixed for Full Reservoir Level + 138.68 m., ( + 455') and Maximum Water Level at +140.21 m., ( + 460'). Gujarat shall take up and complete the cons- truction of the dam accordingly.

Clause, vm : Sharing Of Costs and Benefits.

(1) (i) The Tribunal hereby determines that out of the net power produced at Navagam at canal head and river

bed power houses on any day the share of Madhya Pradesh will be 57 per cent; Maharashtra's share will be 27 per cent Bud Gujarat's share will be 16 per cent.

(ii) The party States shall make available in annual instal- ments their share of funds required according to approved construction programme and take all the necessary steps to complete the Sardar Sarovar Dam within ten years of the date of publication of the Final Order and Decision of the Tribunal in the Official Gazette.

(2) The Tribunal makes the following further Orders:—

(i) The power generated in the River Bed and Canal Power Houses at Navagam will be integrated in a common switchyard.

(ii) Madhya Pradesh and Maharashtra will be entitled to get 57 per cent and 27 per cent respectively of the power available at bus bar in the switchyard after allowing for station auxiliaries.

dii) The above entitlement applies both to availability ot machine capacity for peak loads and to the total energy produced in any day.

(iv) The entitlement of power and energy for any day can be utilised fully or partly by the concerned States or sold to another participating State under mutual agreement. It cannot, however, be carried forward except under a separate agreement or work- ing arrangement entered into among the affected parties.

(v) Gujarat will construct and maintain the transmission lines needed to supply the allotted quantum of power to Madhya Pradesh and Maharashtra upto Gujarat State border, along an alignment as agreed to between the parties and if there ia no agreement, along such alignment as may be decided by the Narmada Control Authority. The transmission lilies beyond Gujarat State border shall be constructed and maintained by Madhyfl. Pradesh and Maharashtra In their respective States.

fvi) The power houses and appurtenant works including the machinery and all installations as well as the transmission lines in Gujarat State will be construc- ted, maintained and opera'ed by Gujarat State or an authority nominated by the State.

(vii) The authority in control of the Power Houses shall follow the directions of the Narmada Control Autho- rity in so far as use of water is concerned,

(vlii) The scheme of operation of the Power Houses includ- ing the power required and the load to be catered for the different party Sta'es during different parts of the day shall be settled between the States at least one week before the commencement of every mon'h and shall not be altered during the month except under agreement among tho Stutes or under emer- gencies.

If and when Sardar Sarovar Power Complex gets linked with the Regional or Na'tonal Power Grid, the opo- ration of the Sardar Sarovar Power Complex will be governed by such altered system conditions. But in that event the Narmada Control Authority should arrange to take such steps as are necessary to enable the three Stnfes of Gujarat, Madhya Pra- desh and Maharashtra to get their entitlement of power and energy from the Sardar Sarovar Power Complex according to these orders.

(ix) The capital cost of the power portion of Navagam

Complex shall comprise the following :—

(a) Full cost of Unit III electrical works and control works pertaining thereto, upto and includins the switchyard.

(b) Full cost of transmission lines In Gujarat State constructed for supplying power to Madhya Pra- desh a-nd Maharashtra.

cc) 56.1 per cent of the net cost of common facilities such as Dam and Appurtenant Works i.e. Unit I of Sardar Sarovar Project, after ullowing for credits, if any ;

(d) 56.1 per cent of the credit given to Madhya Pradesh for the downstream benefits derived from Nsrmadasagar Dam.

(x) Madhya Pradesh and Maharashtra shall respectively pay lo Gujarat 57 per cent and 27 per cent of the capital cost of the power portion of the Sardtsr Sarovar headwovks worked out vide (ix) above. This amount shall be paid in annual instalments until the capital works are completed. Each ins- talmen* will be worked out on the basis of the budgeted figures of the concerned works at the commencement of each financial year and shall be set off and adjusted against actual figures at the end of the financial year.

(xi) In addition

(xii) Notwithstanding the directions confained herelnabove, the party States may, by mutual agreement, alter, amend, or modify any of the directions in respect of sharing of power and payment for it.

Clause IX i Regulated Releases to be made by Madhya Pradesh for tho requirement of Sardar Sarovar Project

With regard to the quantum and pat'ern of regulated

releases, the Tribunal makes the following Order :—

It has been agreed by the party States tend decided by the Tribunal in its Older daed 8th October, 1974, that the utilisable quantity of water of 75 per cent dependability in the Narmada at Sardar Sarovar dam site should be assessed at 28 MAF (34, 537.44 M.cu.m.). The actual inflow of 75 per cent dependability, however, is only 33, 316.29 M. cu,m. (27.01 MAF) and this is brought up to utilisable quantity of 28 MAF (34, 537.44 M.cu.m.) by means of carryover in various reservoirs allowing for evaporation losses and regeneration. Out of 28 MAF (34, 537.44 M. cu.m.), 11, 101.32 M.cu.m. (9 MAF) has to be provided for Gujarat and 0.5 MAF (616.74 M.cu.m.) for Rajasthan at Snrdar Sarovar. The requirements at Sardar Sarovar have to be met by releases by Madhya Pradesh and by inflows from the intermediate catchment, surplus to the requirements of Madhya Pradesh below Narmadasagar and Maharashtra. The release.; from Maheshwar work out to 10,015.86 M.cu. m. (8.12 MAF). Making uniform monthly releases the nmount of water to be released by Madhva Pralesh per month would be 834.65 M.cu.m. (0.677 MAP). The actual inflow in the river system, however, would vary from year to vCar nnd, therefore, the releases by Madhya Pradesh would also vary.

The inflow during the filling period, July to October, cannot be predicted at the beginning of the season. It is only in October that it would be fully known whether 'he particular year is a normal year or the extent to which it is a surplus or deficit year. Normally the releases bv Madhya Pradesh during the filling period, therefore, would have to be more or less on the basis of the year yielding 28 MAF (34.537.44 M.cu.m.) utilisable quantity. The month of July and early part of Au quirt arr crucial for Kharif sowing. It is Impor- tant that during this period regulatory arrangements should ensure that due share of water is made available to all parties.

Harvin.c regard to the facts men'ioned in the preceding two paragraphs, we order that detailed rules of regulation and water accounting shall be framed bv Narmada Control Autho- rity in accordance wi*h the guidelines given below. These Guidelines mav, however, be altered, amended or modified by agreement between the States concerned.

"' © T he 28 MAF (34,537.44 M.aun.) utiHsablei supp- lies of 75 per cent dependability in a water year (1st July to 30th June next year) shall be shared by the party States as under :—

Midhy Pradesh — 18.25 MAF (22,511.01 MvCu.m.)

Gujarat — 9.00 MAF (11,101.32 M.ctu.m.)

Rajasthan — 0.50 MAF ( 616.74 M.cu.m.)

Maharashtra — 0.25 MAF ( 30S.37 M.cu.m.)

28.00 MAF (34,537.44 M.cu.m.)

(ii) Surplus or deficit utilisable supplies in a water year shall be shared to the extent feasible by the party States in the same proportion as their allotted shares in (i) above. The surplus water shall first be uti- lised for filling up. the reservoirs to capacity and surplus water shall be utilised for irrigation and other purposes only after that has been ensured.

. (iii) The water available in the live storages of the various reservoirs on 30th June shall be reckoned as an inflow to be shared in the next water year.

(iv) The releases necessary to ensure Gujarat smd Rajas- than's share of water in a water year shall be let down by Madhya Pradesh at a reasonably uniform rate, permitting only such variation as the Authority mav direct or approve and keeping in view the directions for regulated releases.

(v) The Authority shall ensure by so directing the releases by Madhya Pradesh that there is at all times suffi-, cient utilisable water in Sardar Safov&v to meet the requirements of *he next ten days, subject to water" being available in the storages in Madhya Pradesh after taking into account the proportisnate require- ments of Madhya Pradesh. For this purpose, Gujarat and Rajas 'ban would intimate their require- ments of the 10 daily period well in advance.

(vi) Utilisation in a water year by each party State Shall be figured out on the basis of ac'ual dally discharge at canal head on every major and medium project. For minor works, it shall be on the basis of area irrigated under different "rops, the 'delta for each * crop being approved by the Authority. For pump- ing schemes, drawing direcfly from the river, its tributaries or reservoirs, whether for irrigation, domestic or industrial use, water drawn shall be reckoned on the basis of the rated capacity of pumps and the number of hours they run. For a cross • check, *he seasonwise and cropwise area irrigated by each pumping scheme .shall also be recorded, and if the figures of water drawn as worked out by the two aforesaid methods differ, the decision, of the Authority as regards water, drawn shall be final.

specific indent of Gujarat shall not reckon against the share of Gujarat.

The water drawn from Sardar Sarovar for use in Madhya Pradesh and Maharashtra, as the case may. be, shall reckon against the share of water, of that State.,

(viii) For major and rr.idi::rn projects, wslct account shall ge kept by 10 daily period, rhe las! 10 daily period of a monfh m.iy r..ivc 11 days. 10 davs or less, depending upon tl-.c iwrnbc¹ of clays in 'he month. For minor scheme* water account? shall be kept by crop season, kharif (July to October) rabi (November to March) and hot weather (April to June). For pumping schemes and domestic and industrial" uses it shall be monthly.

(ix) The water use by rninor a.nd pumping schemes in any ten daily period may provisionally be taken to be the same ss in the corresponding period in the previous year on the basis of average use during the crop period. For final water account, however, it will be determined as in (vi) above.

(x) Each State shall furnish to the Authority and make available to any party State desiring the same, such data and information as the Authority may require and ask for.

(xi) The Authority shall arrange the review of the ten day releases made by Madhya Pradesh at least once a month and oftener as considered necessary for directing any change in the releases. It may desig- nate a person for doing so.

(xii) The Authority shall direct final • adjustment to be made in the following water year of. the use in excess of the authorised use, if any, by any State or States during the preceding water year by cur- tailing the shsre(s) of the State or States ooncerned which have used water in excess and make over the same to the State or States which have received short supplies. Water supplied to Rajasthan on any day in excess of 10 per'cent over and above its indent shall reckon against use by Gujarat.

(xiti) The Authority shall furnish the annual water account for the water year to the Government of the party States by the end of August of the next' water year. Each State may make any observation on the account and/or point oat corrections In it, if any,'within one month of its receipt. After making the neces- sary modifica'ions, the Authority shall furnish to each party State the- final annual "water account "for the water year by 31st October. The Authority shall cause the annual wa'er account to be publi- shed each year.

Clause X : Payment to be made by- Gujarat, to Madhya Pradesh for such regulated releases. - •

the notification under Section 4 of ihe Act, has been ordi- narily residing or cultivating Innd or carrying on any trade, occupation, or calling or working for gain in tbft area, likely to be submerged permanently or temporarily,

1(3) : "Family".—(i) A family shall include husband, wife and minor children and other persons dependent on the head of the family, e.g., widowed mother.

(ii) Every major son will be treated as a separate family.

Sub-clause II.—Lands which are to be compulsorily acquired.

11(1) : Madhya Pradesh and Maharashtra shall acquire for Sardar Sarovar Project under the provisions of the Lund Acquisition Act, 1894, all lands of priva'e ownership situa- ted below the FRL+138.68 m (455') of Sardrar Sarovar and all interests therein not belonging to the respective States. If on the basis aforesaid, 75 per cent or more land of a contiguous holding of eny person is required to be compul- sorily acquired, such person shall have the option to compel compulsory acquisition of the entire contiguous holding.

11(2) : Madhya Pradesh and Maharashtra shall also acquire for Sardar Sarovar Project under the provisions of ihe Land Acquisition Act, 1894, all buildings with their appur- tenant land situated between FRL+138,68 m (455') and M W L+ 141.21 m (46CT) as also those affected by the back- water effect resulting from MWL+141.21 m (460')

II (3) : The backwater level at the highest flood level in Sardar Sarovar shall be worked out by the Central Water Commission in consultation with Madhya Pradesh and Gujarat. Sub-clauso III.—liability of Gujarat to pay compensa'Ion for Land Acquisition and Rehabilitation etc.

111(1) : Gujarat shall pay to Madhya Pradesh and Maha- rashtra all cost* including compensation charges and expen- ses incurred by !hem for or in respect of the compulsory acquisition of lands required to be acquired as aforesaid.

111(2) : Gujarat shall pay to Madhya Pradesh and Maha- rashtra and the Union of India compensation for the respec- tive! Government lands and structures on principles similar to those underlying the Land Acquisition Act, 1894. Where any dispute or difference arises between Gujarat, Madhya Pradesh, Maharashtra and the Union of India with respect to the compensation payable as aforesaid, any of the three S'ates of Gujarat, Madhya Pradesh and Maharashtra or the Union of India may refer the mutter in dispute to arbitration. The State of Gujarat on the one hand and the Spates of Madhya Pradeib, Maharashtra or the Union of India (as the case may be) on the other hand shall respectively nomi- nate one Arbi'rator each. In the event of disagreement bet- ween the Arbitrators, such dispute or difference shall be referred to an Umpire who shall be a person appointed in that behalf by the Chief Justice of India from among per- sons who are, or have been Judges of the Supreme Court. Tho decision of the Arbitrators, or, as the case may be, of ihe Umpire shall be final and binding on the parties and shall be given effect to by them.

1TT(3) : Gujarat shall pay to Madhya Prade3h and Maha- rashtra land revenue in accordance with the respective Land Revenue Codes of Madhya Pradesh and Maharashtra in respect of all lands in their respective territories acquired for Gujarat or conveyed to it.

111(4) : Gujarat shall pay to Madhya Pradesh and Maha- rashtra all costs, charges and expenses incurred by Madhya Pradesh and Maharashtra for the purpose of removal and reinstall ation of any ancient or historical monuments, archaeo- logical remains, religious place of worship or idols likely to be affected by submergence under Sardar Sarovar and that ir the event of such payment being made, no separate com- pensation as hereinbefore provided^ shall be required to be paid in respect of the same having been affected by the submergence.

IIT (5) : Gujartrt shall pay to Madhya Pradesh and Maha- rashtra all costs, charges and expenses required to be incur- red by them for rehabilitation of oustees and ousfee families in tbeir respective territories in accordance with the direc- tions hereinafter contained.

TTT(6) : Gujarat shall pay to Madhya Pradesh and Maha- rashtra costi on account of establishment charges for land acquisition and rehabilitation and other departmental staff which Madhya Pradesh and Maharashtra may consider neces- sary for the purpote of such acquisition and rehabilitation.

Sub-clause IV.—Provision for Rehabilitation.

IV(1) : According to the present estimates the number of

oustee families would be 6147 spread over 158 villages fn Madhya Pradesh, 456 families spread over 27 villages in Maharashtra. Gujarat shall establish rehabilitation villages in Gujarat in the irrigation command of the Sardar Sarovar Project on the norms hereinafter mentioned for rehabilitation of the families who are willing to migrate to Gujarat. For oustee families who are unwilling to migrate to Gujarat, Gujarat shall pay to Madhya Pradesh and Maharashtra the cost, charges and expenses for establishment of such villages in their respective territories on the norms M hereinafter provided.

IV(2)(i) : According to the present estimates the number of oustee families below RL 106.68 metres (RL 3500 would be 30 spread over 20 villages in Madhya Pradesh and 250 families spread over 20 villages in Maharashtra. Within sdx months of th.e publication of the decision of the Tribunal in the Official Gazette, Gujarat, Madhya Pradesh and Mahara- shtra shall determine by mutual consultation the location of one or two rehabilitation villages in Gujarat to rehabilitate oustees from areas below RL 106.68 metres (RL+350'). Gujarat shall acquire necessary lands for the rehabilitation villages and make avilable the same within two years of the decision of the Tribunal Within six months of the decision of the location of the rehabilitation villages in Gujarat, Madhya Pradesh and Maharashtra shall intimate to Gujarat the number of oustee families from areas below RL 106.68 metres (RL 350') willing to migrate to Gujarat, For the remaining outrtee families, Madhya Pradesh and Maharashtra shall arrange to acquire lands for rehabilitation within the • respective States.

rv(2)(ii) : Madhya Pradesh and Maharashtra shall set up adequate establishments for land acquisition and rehabilita- tion of oustee families. Gujarat shall deposit within three months of the decision of the Tribunal Rupees ten lakhs each with Madhya Pradesh and Maharashtra in advance towards cost of establishment and rehabilitation in these States to be adjusted after actual costs are determined. Madhya Pradesh and Maharashtra shall start land acquisition proceedings for areai below RL 106.68 metres (RL + 350'), within six months of the decision of the Tribunal and convey the lands to Gujarat for project purposes within three years of the deci- sion of the Tribunal. Within 18 months of the decision of the Tribunal, Gujarat shall make an advance payment of Rs. 70 lakhs to Madhya Pradesh and Rs. 100 Jakhs to Maharashtra towards the compensation of land, to be ad- justed after actual costs are determined.

IV(2)(iii) : Regarding the oustee families from areas above RL 106.68 metres (RL + 350'), Gujarat shall intimate to Madhya Pradeah and Maharashtra within six months of publication of the decision of the Tribunal in the Official Gazette the number and general location of rehabilitation villages proposed to be established by Gujarat in accordance with the decision of the Tribunal. Within one year of the receipt of proposal of Gujarat, both Madhya Pradesh and Maharashtra shall intimate to Gujarat the number of ousteo families willing to migrate to Gujarat. The three States by mutual consultation shall determine within two years of the decision of the Tribunal, the number and general location of rehabilitation villages required to be established by Gujarat In Its own territory. Madhya Pradesh and Maharashtra shall intimate to Gujarat the number of such villages to be esta- blished in Madhya Pradesh and Maharashtra and for which Gujarat would be required to make payments to Madhya Pradesh and Maharashtra respectively.

IV(2)(iv) : Gujarat shall acquire and make available a year in advance of the submergence before each successive stage, irrigable lands and house sites for rehabilitation of the oustee families from Madhya Pradesh and Maharashtra who are willing to migrate to Gujarat. Gujarat shall in the first instance offer to rehabilitate the onstees in. Its own territory.

IV(3) : Gujarat shall also provide the following grants and

amenities to the oustees :—

(a) Resettlement Grants (Rehabilitation Grant)—Guja- rat shall pay per family a sum of Rs. 750 inclu- sive of transportation charges as resettlement grant.

(b) Grant-iu-aid.

In addition, Gujarat shall pay per family grant-in-aid in

the following icale :—

Grant-ln-aid Where total compensation is received

Nil.

Above Rs. 2000/-.

Between Rs. 2000/- and

Rs. 500/-.

Rs. 500/- less an amount equal to one-third of the compen- sation in excess of Rj. 500/-,

Rs. 500/-.

Less than Rs. 500/-.

(c) Civic amenities :

1. One primary school (3 rooms) for 100 families.

2. One Panchayat Ghar for every 500 families.

3. One Dispensary for every 500 familic*.

4. One seed store for every 500 families.

5. One children¹! park for every 500 families.

6. One village pond for every 500 famille*.

7. Drinking water well with trough for every 50 families

8. Each colony should be linked to main road by roads of

appropriate standard.

9. One platform for every 50 families.

10. Every oustee family shall be entitled to and allotted a house site i.e., a plot of land measuring 18.29 X 27.43m- (6O'X9C) free of cost. In addition, a provision of 30 per cent additional area for roads, Government building*, open space etc. shall be made by Gujarat under civic ameni- tie*.

11. The State of Gujarat shall make the following provi- sion for rehabilitation in Madhya Pradesh and Maharashtra :

Rs.

(a) Resettlement 750 per family.

(b) Grant-in- aid 500 per family.

(c) Acquisition of land for resettlement of families affected (3) 0.40 hectares (one acre) for 6 families . . . 1500 per acre.

(d) Civic amenities:

1. One primary school @ 100

families . . .. 30000 each.

2. One Community Hall-cum- Panchayat Bhavan @ 500 fami- lies 20000 each.

3. One Dispensary @500 families 25000 each.

4. One seed store @ 500 familios . 10000 each.

5. One Children's Park ® 500

families . . .. 6000 each.

6. One Well with trough @ 50

families . . .. 10000 each.

7. One pond @ 500 families . 20000 each.

8. One tree platform @ 50 families. 1500 each. 9. One religious place of worship

@ 100 families . . , loOOeach.

10. Construction of approach roads and linkroads for Abadies 3 km per every new Abadi . 30000 per km.

11. Electrical distribution lines and street lights 2 km per 100 fami- lies 11000 per km.

12. Social amenities for each muni- cipal town going under submer- gence, viz., water supply and sanitary arrangements layout, levelling of site etc. . . 5,00,000 each town

IV ( 4 ) (0 : Gujarat to directed to provide for rehabili- tation and civic amenities aa per directions contained bere- inabove in Sub-clause IV(3) in its estimate for B-Land comr pewation and rehabilitation.

IV(4)(ii) : Notwithstanding the provisions hereinbefore contained, Gujarat "htll not be liable to pay any compen- sation for the loss of public properties, facilities or ameni- tie* *uch as drinking water wells, primary school buildings, internal roads, village sites, approach roads, dispensaries, Panchayat buildings, rural electrification, highway bridges, telegraph lines, power lines, etc., if corresponding alternative properties facilities or amenities arc to be provided at the cost of the Sardar Sarovar Project, The party owning th" facility shall have the option to accept compensation for utilitiea aa existing or ask for their replacement or re- location at the cost of Gujarat.

IV(5) : It is made clear that the monetary values in Clause IV(3)(c) are liable to be changed at the time of actual rehabilitation. Where any dispute or difference arises cm regards the changed valuation, the matter shall be deter- mined) by Arbitration in the manner provided in Clause 111(2) above and Gujarat's liability "hall stand altered ac- cordingly.

IV(6)(i): In the event of Gujarat being unable to resettle the ousteeg or the oustees being unwilling to occupy the area offered by Gujarat, Madhya Pradesh and Maharashtra shall make sucb provisions for rehabilitation, civic amenities etc. on the lines mentioned in Clause* IV(1) to (4) above. Gujarat shall, in that event, be liable to pay all such ex- penses, cost* etc., arising out of or In connection with re- habilitation and provision of civic amenities for {he outstees including the cost of all acquisition proceeding* and payment of compensation etc., as per the Land Acquisition Act, for the landl allotted to oustees for cultivation and habitation.

IV(6)(ii) : In no event shall my areas In Madhya Pra- desh and Maharashtra be submerged undor the Sardsj Saro- var unless all payment of compensation, expense* and costs as aforesaid is made for acquisition of land and properties and arrangements are made for the rehabilitation of the oustees the reform in accordance Mrith these directions and intimated to the oustees.

IV(7): Allotment of Agricultural Lands—Every displaced family from whom more than 25 per cent of its land hold- ing ig acquired shall be entitled to and be allotted irrigable land to the extent of land acquired from it subject to the prescribed ceiling ia the State concerned and a minimum of 2 hectares (5 acres') per family, the irrigation facilities being provided by the State in whoso territory the allotted land Is situated. This land shall be transferred to th© oustee family if it agree* to take" it. TJw price charged far it

would bo as mutually agreed between Gujarat and the con- cerned State. Of the price to bo paid for tho land a sum equal to 50 per c^nt of the compensation payable to the oustee fatiuly for tho land acquired from it will bo set off as an initial instalment of payment. The balance cost of the allotted land shall be recovered from thp ullottee in 20 yearly instalments free of interest. Where land is allotted in Madhya Pradesh or Maharashtra, Gujarat having paid for it vide Clause IV(6)(i) supra, all recoveries for the allotted land shall be credited to Gujarat.

IV(8): Any dispute between the State in respect of Clauses IV(1) to (7) of these directions shall be referred to and determined by arbitration in the manner provided in Clause n i ( 2) of these directions,.

Sub-clause V. Programme for Payment to be made by

Gujarat to Madhya Pradesh and Maharashtra

V(l) : As soon as practicable after tho publication of the decision of the Tribunal in the Official Gazette, Gujarat shall prepare and furnish to. the other party States, a. fresh esti- mate of sub-head B-Land for the Sardar Sarovar Project as permittedi by the Tribunal including in particular, co&ts of acquisition of lands in Madhya Pradesh and Maharashtra and of rehabilitation of oustee families in Madhya Pradesh and Maharashtra.

V(x)(i); As goon as practicable after the publication of the decision of the Tribunal in the Official Gazette and in any case before expiry of three months thereafter, both Madhya Pradeih and Maharashtra dull furnish to Gujarat three tots of Majmuli/Taluka maps of all talukas in their rcspectivo territories likely to be submerged wholly or party under Sardar Sarovar. These maps shall indicate village boundaries. With- in three month* after the receipt of the Majmuli/Taluka maps Gujarat shall mark thereon the boundary of the nrsa situated below the FRL as also that between FRL and MWL including the area affected by back water resulting from MWL and -shall .return one respective set so marked to Madhya Pradesh and Maharashtra.

V(2)(ii): As soqn. as, practicable after the receipt of one act of the Majmuli/Taluka maps marked as aforesaid! and in any case within six months thereof, the Governments of Madhya Pradesh and Maharashtra shall publish notifications under Sub-section (1) of Section 4 of the Act notifying that the land* in their respective territories situated below the FRL and buildings with their appurtenant lands betwee-n FRL aad MWL, as also those affected by the back water effect tesultipg from 1VJWL (to be specified in the notification) are likely to be needed for the Sardar Sarovar Project.

Y(2)(iii): As soon as practicable after publication of the decision of the Tribunal in the Official Gazette as herein-, before referred to and in any case within one year thereof, Gujarat shall intimate to Madhya Pradesh and Maharashtra yearwlse programme of construction of the dam.

V(2)(iv): Objections, if any, received against the proposed acquisition of lands a" notified under Section 4 of the Act shall be heard andi disposed of and any reports to the State Governments as contemplated by Sub-section (2) of Section 5A of trie Act shall be made with utmost expedition. The Gov- ernments of Madhya Pradesh and Maharashtra shall issue requisite notifications under Section 6 of the Act with utmost expedition and in any case before the expiry of three years) from the dates of publication of tho respective notifications under Sub-section (1) of Section 4 of the Act.

V(2)(v) : As soon as practicable, after receipt of the yearwlse programme of construction of the Sardar Sarovar Dam from Gujarat both Madhya Pradesh and Maharshtra in consultation with Gujarat shall finalise their respective year- wise programme of completing the proceedings for compul- spry acquisition of lands in their respective territories upto the stages of making award* under Section 11 of the Act and of taking possession of the lands under Section 16 of the Act

" V(3)fi) : Gujarat is required to pay to Madhya Pradesh and Maharashtra compensation for compulsory acquisition of lands, market value- of Government lands to be conveyed to Gujarat and expenditure • to bo incurred In connection witli [he rehabilitation of ousteo families to bo rehabilitated In Madhya Pradesh and Maharashtra as hereinbefore provided, Madhyu Pradesh and Maharashtra shall on or before 30th September of each year intimate to Gujarat the amounts re- quired! to bo paid by Gujarat to MaUliya Pradesh und Maha- rashtra respectively having regard to (a) the extent of lands in Madhya Pradesh and Maharashtra in respect oi which awards are likely to be made under Section 11 of the Act (b) the extent of Government lands likely to be conveyed by Madhya Pradesh and Maharashtra to Gujarat during the next financial year undi (cj the expenditure likely io bo incurred by Madhya Pradesh and Maharashtra in connection with rehabilitation of ousteo families in Madhyu Pradesh and Maharashtra doling the next financial year. In arriving at these estimates lor th6 next financial yew, Madhya Pradesh and Maharashtra shall alao take into account the differences, if any, between the payments made by Gujarat in pursuance of this clause for the current financial year and the amount actually payable during the said financial year.

V(3)(ii): On the basis of these estimates, Gujarat shall on or before the 31st May of the following financial year make payments to Madhya Pradesh and Maharashtra of the amounts estimated as provided in Clause V(3j(i) above.

VOXiii) : Gujarat shall at each successive stage of submergence "intimate to Madhya Pradesh and Maharashtra the area coming under submergence at least 18 months in advance. The inhabitants of the area coming under thoi respective stages of submergence will be entitled to occupy or use their properties without being required to pay any- thing for such occupation and use till a date to be notified by the State concerned which date shall not be less than six months before submerfien.ee. They must vacate tho area by the notified date.

V(4) (i) : On payment of the amounts to be paid each year by Gujarat as compensation for compulsory acquisition of lands as aforesaid, Madhya Pradesh and Maharashtra shall, as expeditiously as possible, complete the acquisition' and transfer such lands to Gujarat so as to vest the lands in Gujarat to be used only for the purpose of submergence and subject to Clauses V(5) to (8) of these directions.

V(4)(ii) : On payment of the market value of Govern- ment lands by Gujarat as hereinbefore provided Madhya Pradesh and Maharashtra and the Union of India shall con- vey such lands to Gujarat so as to vest in Gujarat to bo used only for the purpose of submergence and iubject to Clauses V(5) to (8) of these directions.

V(5) : Gujarat shall pay to Madhya Pradesh and Maha- rashtra in accordance with the respective Land Revenue Codes, the amount of land revenue payable everyi year for the lands in their respective territories acquired for Gujarat or conveyed to it, at the rates prevailing in Madhya Pra- desh and Maharashtra respectively from time to time.

V(6) : Madhya Pradesh and Maharashtra, as the case may be, shall remit each year to Gujarat any revenue which theyi may derive from the cultivation of lands which get periodically exposed in Sardar Sarovar, after deducting collec- tion charges for tho same.

V(7) : Notwithstanding vesting in Gujarat of the lands coming under submergence, Madhya Pradesh and Maha- rashtra shall continue to enjoy all rights of sovereignty in- tact over the submerged area in the respective States.

V(8) : Madhya Pradesh and Maharashtra respectively shall be exclusively entitled to all rights of fishing, boating and water transportation over the part of lake over the sub- merged land within Madhya Pradesh and Maharaahtra res- pectively, provided, however, that such right is not exercised to the prejudice of any utilities of the Sardar Sarovar Pro- ject or cause hindrance In the legitimate performance of their duties by the project personnel.

V(9) : All residual rights not specifically transferred to Gujarat in respect of the lands coming under submergence shall continue to vest in the Government in whose territory they aret situated.

.1435

V(10) : In the event of the said lands not bting used for the purpose of submergence for which it is acquired, the State of Gujarat shall retransfcr such land to Madhya Pra- desh or Maharashtra as the case may be, subject to the condition that Madhya Pradesh &ntl Maharashtra refund to Gujarat the Eimount of compensation received from Gujarat in respect of such land.

V ( l l) : In the event of any land acquired for rehabili- tation of ouitee families is not used for the purpeso, it shall be returned to the origlnd owner on payment, where feasible or otherwise disposed of ;ind due credit tfiven to Gujarat.

V(12) : All cotts incurred by Gujarat on acquisition of land" and rehabilitation of oustees in respect of Sardar Saro- var shall be charged to Sardar Sarovar Project estimate. Unit I—Dam and Appurtenant Works.

Sub-clause VI :

Nothing contained in Clause XI shall prevent the alteration, amendment and modification of all or &nj' of the foregoing clauses by agreement between all the party States.

Clause XII: Allocation of Cost of Sardar Sarovar Project between Irrigation and Fower.

We determine that the cost of Unit I—Darn and Appurte- nant Works—should be apportioned between Irrigation and Power as follows :—

Irrigation — 43.9 per cent Power -- 56.1 per cent

Clause XIII : Allocation of Irrigation Component of Cost Sardar Sarovar Project and between Gujartt tnd RaJMthtn.

(a) (i) The irrigation component of the cpst of Unit I of Sardar Sarovar Project (Dam and Appuraenant Works) should be shared by Gujarat and Rajastian in the ratio of of 18 : 1.

(a)(ii) Madhya. Pradesh and Maharashtra shull contribute a pro rata share to the irrigation component of the coat of Sardar Sarovar Dam as also towards its operation and annual maintenance, for water drawn from Sardar Sarovar for use in their tetritory. The pro rata share shall be in proportion of the quantity of water so drawn to 9.5 MAF. The amount so contributed shall be credited to Gujarat and Rajasthan in tho ratio of 19 : 1.

(b) The cost of Navagam Canal with its design approved by Narmada Control Authority shall be shared by the two States as under :—

(i) The cost differential in respect of land, earth work and lining for the gradients proposed by Gujarat and that now prescribed, to be borne by Rajasthan in full.

(ii) The actual cost of the canal less (1) above to be

shared on cusec mile basis.

The actual cost should be shared by Gujarat and Rajasthan on cusec-mile basis in the first instance and on completion of tho work the share cost shall be adjusted as indicated above. Rajasthan shall credit its share cost each year initially on the basis of budget allotment. This should then be adjusted at the end of the year to actual expenditure. The post-construc- tion expenditure on maintenance is not to be considered as cost of construction.

Should any difference arise between Rajasthan and Gujarat on figures of cost in respect of Navagam Main Canal for purposes of sharing the cost, the matter shall b© referred to the Narmada Control Authority and on such a reference its decision shall be final and binding.

Clause XIV : Setting up of Machinery for Implementing

The Decision of the Tribunal

We make the following orders 'with regard to getting up of machinery for implementing the decision of the Tribunal :

Sub-Clause 1 : Constitution of the Authority.

1(1) : An inter-State administrative authority to be called Narmada Control Authority (hereinafter referred to as the 'Authority' ahall be established for the purpose of securing compliance with and implementation ot the decision and directions of the Narrnada Water Disputes Tribunal (herein referred as the Orders').

1(2) : The Authority shall consist of seven high-ranking Engineer Members, of whom one each shall be of the rank of Engineer-in-Chief, Chief Engineer, or Additional Chief Hnsiaeftr of the Irrigation Department, Power Department or the State Electricity Board appointed by the Government of each of the States of Madhya Prudeah, Gujarat, Maharashtra and Rajasthan and three other eminent Engineers of a rank not less than that of a Chief Engineer to be appointed by the Central Government in consultation with the party States. One of the three Independent Members shall be nominated by the Central Government, as the Chairman of the Autho- rity with a deliberative vote at meetings where decisions arc taken on any matter affecting the interest of more than one State and he will be in charge of the administrative work of the Authority. The Central or State Government, as the case may be, shall have the power to remove or suspend from the Authority any Member who, in its opinion, is not suitable to continue as Member.

1(3) : Each Independent Member shall be a full-time Members and be appointed for a term not exceeding five years. The Members appointed by the State Governments shall be part-time Members. The appointing authority for Indepen- dent Member or that for part-time Member, as the case may be, shall determine the terms and conditions of appointment in each case. As far as practicable, the first appointment of the seven members of the- Authority shall be made within three months from the date of publication of the decision of the Tribunal in the Official Gazette.

1 (4) : Vacancies of Members,

On any vacancy occurring in the offices of the three inde- pendent Members, the Central Government shall appoint a person to such vacant office, and on any vacancy occurring in the office of the four Members other than the independent Members, the State Government by whom the Member whose office falls vacant was appointed shall appoint a person to the vacant office.

In case of illness or absence for any cause whatever of a Member, the Central Government or State Government by whom he was appointed (as ths case may be) may appoint a person as an acting Member during such illness or absence iind such acting Member shall, while so acting, have all the powers and perform all the duties and be entitled to the indemnities of the Member (vide Sub-clause 5) in whose stead he so acts, save and except that the next senior independent Member appointed by the Central Government and not the acting Member shall act as Chairman at business meeting of the Authority or as. the Chairman of the Authority in the event of illness or absence of the Chairman of the Authority.

Sub-clause 2 : Secretary of the Authority :

The Authority shall employ a Secretary, who shall be an

Engineer. He shall not be a Member of the Authority.

Sub-clause 3 : Quorum and Voting :

Five Members shall be a quorum and the concurrence of the majority shall be necessary for the transaction of the busi- ness of the Authority except such business as the Authority may from time to time prescribe as routine. The Authority shall not prescribe as routine any business in which the interests of any two of the States are likely to be in conflict. For the transaction of routine business three Members shall be a quorum and in the absence of the Chairman of the Authority, the Chairman elected at the meeting shall have a deliberative vote and in the event of an equality of votes a casting vote also.

Subject as aforesaid the Members shall have equal powers.

Sub-clause 4 ; Disposal of Business by the Authority.

4(1) : Subject to the provisions of Sub-clause 4(2), below, the Authority may dispose of any matter before it cither by

circulation or by holding a meeting. However, it will be open to any Member of the Authority to require that a matter shall not be disposed of by circulation but at a meeting.

4(2) : On the following matters the Authority ihall record ita deciiion by a. Resolution at u meeting in which the Chair- man and all the Members from the party States are present :

(I) Framing of Rule* of Business;

(ii) Delegation of functions to a Member or Secretary

or any official of the Authority;

(iii) Categorising any part of the business of the Autho-

rity as of a formal or routine nature ;

(iv) Any other matter which anjr of the four party States require that it shall be decided at a meeting where all the members from the party States are present.

However, if any particular item under this Sub-clause can- not be disposed of at two successive meetings owing to the absence of one or more Members from the party States, it shall be disposed of under Sub-clause 3 of Clause XIV.

4(3) : Subject to the foregoing provisions, the Authority ahall frame its own Rules for the conduct of its business

4(4) : The Authority shall cause proper minutes or records

of all iti proceedings to be kept (w a permanent record.

Sub-clause 5 ' Indemnity of Members :

No Member, officer or employee of the Authority shall bo liable for loss, injury or damages resulting from (a) action taken by such Member, officer or employee in good faith and without malice under the apparent authority of the Orders, even though such action is later determined to be unautho- rised, or (b) the negligent or wrongful act of omission of any other person, employed by the Authority and serving under "uch Member, officer or employee unless such Mem- ber, officer or employee failed to exercise due caro in the appointment of such other person or the supervision of hl" work.

Sub-clause 6 : Officers and Servants of the Authority.

The Authority may from time to time appoint or employ •uch and so many officers and servants as it thinks fit and remove or dismiss them, under the rules and regulations appli- cable to the appointment, removal and dismissal of the Cen- tral Government officers and servants. AH such officers and servants shall as such be subject to the sole control of the Authority. The scales of pay and other service conditions •hall be at applicable to Central Government employees.

Persons employed in the services of the four States may be appointed or employed by the Authority in such propor- tions as the Authority may deem fit. The Authority shall arrange with the State Governments to spare the services of the persons employed in the State Governments for whole- time employment with the Authority, or for the performance of any work or services for the Authority. The Authority may also make direct recruitment of any personnel or obtain the same from the Centre or other source as considered appropriate.

Sub-clause 7 : Administrative & Field Organisation Costs.

(1) : All expenses of the Authority (including the salary and expense* of the independent Members) shall be borne by the Stat" Governments of Madhya Pradesh, Gujarat, Maharashtra and Rajasthan In equal shares. The expenses pertaining to a Member representing a State shall be borne by the State concerned. The cost of maintaining, operating and controlling the gauging and other hydrological stations in each State and the telecommunication systems for commu- nicating the data shall be borne by (he State concerned.

(2) The cost* of construction of the storage power im- tallatlons, diversion works, headwords and canal networks shall be borne wholly by the State Government in whose territory the work is located except for works whose cost has been ordered by the Tribunal to be shared between two or more party States. Where the capital cost is thus shared, the operation and maintenance cost shall also be shared in the same proportion.

Sub-ckuse 8 : Powers, Function* & Duties of the Authority.

8(1) : The role of the Authority will mainly comprise co- ordination and direction. Normally all bilateral matters ihould be dealt with mutually by the States concerned and referred to the Authority only if there ia a dispute.

8(2) : The Authority shall be charged with the power and shall be under a duty to do any or all things necessary, suffi- cient and expedient for the implementation of the Order* with respect to :

(i) the storage, apportionment, regulation and control

of the Narmada waters ;

(ii) sharing of power benefit* from Sardar Sarovar pro-

ject;

(iii) regulated releases by Madhya Pradesh;

(iv) acquisition by the concerned State for Sardar Saro- var project of lands and properties likely to be sub- merged under Sardar Sarovar ;

(v) compensation and rehabilitation and settlement of

oustees ; an j

(vi) sharing of tosta.

8(3) : In particular and without prejudice to the generality of the foregoing functions, the Authority shall perform inter alia the following functions :—

(i) Madhya Pradesh or Gujarat, as the case may be, ihall submit to the Authority the Sardar Sarovar Project Report, the Narmadasagar Project Report, the Omkareshwar Project Report and the Maheshwar Project Report. The Authority shall point out to the States concerned, the Central Water Commission, the Central Electricity Authority and Planning Com- mission any features of these projects which may conflict with the implementation of the Orders of the Tribunal. Any subsequent changes in the salient features or substantial increase in cost in respect of dams, power houses and canal he adwork* shall bo reported to the Authority for taking appropriate- action in the matter.

(ii) The Authority shall decide the phasing and shall co-ordinate construction programmes of the Narma- dasagar project and Sardar Sarovar Unit II—Canals with a view to obtaining expeditiously optimum be- nefits during and after the completion of the cons- truction of the projects, having due regard to the availability of funds.

(ill) The Authority shall obtain from the concerned States periodical progress reports both as to works and expenditure, and shall on receipt of such reports review the progress of construction of different units of the projects and whenever necessary advise the State concerned on the steps to be taken to expe- dite the work, except in respect of Unit I—Dam and Appurtenant Works and Unit III—Power Complex of Sardar Sarovar Project. The States shall submit, in respect of projects in Sub-clause 8(3)(i), comple- tion reports to th© Authority.

(iv) The Authority shall issua appropriate directions whenever necessary for timely and full compliance by the concerned States with the Orders of the Tri- bunal in the matter of acquisition for and making available to Gujarat lands and properties likely to be submerged under the Sardar Sarovar Project and in the matter of compensation and rehabilitation of ousteci thereunder.

(v) The Authority shall otusa to bo established, main- tained, and operated by the State Government* con-

ccmed or any one or more of them, such stream and other gauging stations, equipped with automatic recorders where necessary, discharge, silt and eva- poration observation stations and measuring devices as may be necessary from time to time for lecuring the records required for carrying out the provisions of the Orders. If deemed necessary, the Authority may require the installation, mainten- ance and operation by the State concerned of mea- suring devices of aproved type at the head of main canals as also at the offtake of the canal for Rajas- than for measuring amount of water diverted from Narmada river system.

(vi) Concurrent records shall be kept of the flow of the Narmada at all stations considered necessary by the Authority and the records correlated.

(vii) The Authority shall frame rule* of regulation and water accounting as per guidelines given in Clause IX. It shall determine the share of water of each State for every ten-c'.ay period for purposes of regulation and water accounting.

(viii) The Authority shall ensure implementation of the Orders of the Tribunal in respect of (a) quantum and pattern of regulated releases by Madhya Pia- desh; (b) payment for such regulated releases/shar- ing of costs.

(Ix) The Authority shall collect from the State concerned data of the areas irrigated by Narmada waters in each season, of power generated at each hydro- electric power station at and downstream of Narma- dasagar, of withdrawals for domestic, municipal and industrial or any other purposes and of waters going down the river from Sardar Sarovar Project.

(x) The Authority shall determine the volume of water flowing in the river Narmada and iti tributaries in a water year (1st July to 30th June next year).

(xi) The Authority shall determine from time to time the volume of water stored by each State in reservoirs and other Btorages and may for that purpose adont any device or method.

(xii) The Authority shall determine at appropriate periodic intervals the use of Narmada waters made by tho States, or such of them as necessary, at any place or in any area at any time and for that purpose it may take note of all diversions or obstructions, whether natural or artificial or partly natural and partly artificial, from the river Narmada and its Tributaries and measure such use by any method as it deems fit.

(xiii) The Authority or any of its duly authorised represen- tative shall have power to enter upon any land and property upon which any project or development of any project, or any work of gauging evaporation or other hydrological station or measuring device has been or is being constructed, operated or main- tained by any State for the use of Narmada wafer. Each State through its appropriate departments shall render all co-operation and assistance to the Autho- rity and its authorised representatives in this behalf.

fxiv) The Authority shall meet as often as necessarv and decide on a proper management of waters including in particular the manner and detail* of withdrawals of waters from the storages on the Narmada river system in accordance with the Orders. In particular, the Authority shall meet at the end of filling season, and review the availability of waters in the storages on tho Narmada river system and decide upon the pattern of their regulation for the next irrigation season, taking into account tho carryover storages.

(xvi) The Authority shall issue appropriate directions for the establishment, maintenance and operation of an effective system of flood forecasting and flood con- trol, including reporting of heavy precipitation, and telecommunication systems. The safety of a struc- ture shall primarily be the responsibility ol the Chief Engineer incharge of the structure and no decision or order shall be binding on him if in his opinion the safety of the structure will be endangered thereby. The Authority shall publish annually and make avail- able to party States die data regarding operation of reservoirs during floods,

8(4) : In the light of its experience, the Authority may modify or add to the functions enumera'ed hereinabove in Sub-clau3es 8(3)(i) to (xvi) by a resolution.

8 (5) : All the concerned States shall submit to the Autho- rity all the relevant information called for by the Authority in connection with the Narmada Valley Development cx- pedltiously.

Sub-clause 9 : Annual Report of the Authority.

The Authority shall prepare and transmit to each of the four States as early as possible and in any case before the end of the current Water Year (1st July to 30th June) an Annual Report covering the activities of the Authority for the preceding year and to make available to each State on its request any information within its possession any time and always provide access to its record to the States and their representatives.

Sub-clause 10 : Records of the Authority and their Location.

The Authority shall keep a record of all meetings and pro- ceedings, maintain regular accounts, and have a initabl* office where documents, records, accounts and gauging data ihall be kept open for Inspection by the four State* or their repre- sentatives at such times and under such regulations as the Authority may determine.

The location of the Central, Regional and Sub-regional offices of the Narmada Control Authority ihall be determined by tho Authority.

"The headquarters of the Authority shall be at New Delhi

till such time as it decides on its permanent location.

Sub-clause 11 : Contracts and Agreements.

The Authority shall enter into such contracts and agree- ments as may be necessary and essential for the full and proper performance of tho functions and duties conferred or imposed on it.

Sub-clause 12 : Financial Provisions,

(1) All the capital and revenue expenditure required to be incurred by the Authority shall be borne by the four States of Madhya Pradesh, Gujarat, Maharashtra and Rajasthan equally. The Governments of the four States shall provide the necessary funds to the Authority to meet all capital and revenue expenditure required to be incurred by the Authority for the discharge of its functions.

(2) On the constitution of the Authority each of the Gov- ernments of the four States shall contribute Rs. 5,00,000 (Rupees five lakhs) to the fund of the Authority in the first instance.

(3) The Authority shall in the month of September of each year prepare detailed estimate of the amounts of money re- quired during the twelve months from the first day of April of the ensuing year, showing the manner {n which it is pro- posed to expend such money. The Authority shall on or before the fifteenth of October forward a copy of such detailed esti- mate to th© concerned Chief Engineers of the four States and indicate the amount required to be contributed by each-State for the ensuing financial year. Each of the State Governments

shall pay to the Authority its contribution as indicated by the Authority on nr before Uw .TOth day of Apnl of iho

(4) The Authority shall maintain detailed and accurate ac- counts of uJ receipts and disbursements arid shall affcr trie close of each financhl year prepare an Annual Statement of Accounts anl send copies thereof to the Accountants General as well as the concerned Chief Encincem of the four State*. The form of lift Annual Statement of Accounts shall be such ns may be prescribed by niles. The Account'; maintained by the Authority shall be open for inspection r.t nil reasonable times by the four States through their duly authorised repre- sentative or representatives.

(5) Disbursement shall be made from the fund of the Authority oniy in such manner as may be prescribed by the Authority. The Authority may incure such expenditure n<; it may (hint fit to meet any emergency in the discharge of its functions.

(6) The accounts maintained by the Authority shall be audited by the Comptroller &. Auditor General of Ind'njor his nominee, who shall certify subject to such obser- vations as he rrmy wish to make, on the annual accounts of the Authority. The Authority shfii forward to the Accountant* General and the concerned Chief Enjrnccir, of the four States copies of the Report of the Comptroller & Auditor General of India and shall include the same in its Annual Report.

Sub-clause B : Decision of the Authority.

Tile decision*; of the Authority on all matters covered under Sub-clause R shall be final and binding on the four nnrty States, However, there shall be a Review Committee which may suo morn or on the application of any party State review any decision of the Authority. In urgent cases the Chairman of the Review Committee may. on the application of the party State. want stay of any order of the Authority pending final decision on review.

Sub-clause 14 : Review Committee.

14(1): The Review Committee shall consist of five

members including a Chairman as under :—

(i) Union Minister for Irrigation

as the ; Chairman

(ii) Chief Minister of Madhya

Pradesh : Member

(iii) Chief Minister of Gujarat : Member

(iv) Chief Minister of

Maharashtra : Member (v) Chief Minister of Rajasthan: Member

The Secretary of the Union Ministry of Agriculture and Irrigation, Department of Irrigation, shall be the Convenor of the Review Committee but shall not have any voting right.

In case there is President's rule in any of the States, the Governor of that State or his authorised representative will act as Member of the Review Committee.

14(2) : The Chief Ministers of the four States may nomi- nate the respective Irrigation Ministers cither generally or specially as the alternate Member with full powers of voting, taking decisions etc.

14(3) : The Review Committee may review ths decision of the Authority at a meeting at which the Cha'rman and all the Members of the Review Commitiee are present. It is ex- pected that the decisions of the Review Committee will be by consensus. Failing consensus it shall be by majority of votes of Members including the Chairman.

14(4) : Advance notice of the proposed meeting of the Re- view Committee, its agenda and agenda notes will be for- warded by the Convenor to the party States.

14(5) : The decision of the Review Committee shall be recorded in writing and shall'be final and binding on all the State*,

Sub-clawse 15 : Construction Outsidn Tuviidiction Of 1 h-

Auihority.

The planning and construction of the projects will be carried out by each State through its own agencies, save and except to the extent prescribed in Sub-clause 16 of Clause XIV.

Suh-claiise 16 : Supervisory Function Of The Authority Over

Construction of Sardar Sorovar Project.

(1) The four party States have finnnciiil commitment in respect of Unit I—Dan; and Appurtenant Works of the Sar- dar Sarovnr Project r.rA three of them, namely, Guijr&t, Maharashtra and Madhyn Fnviesh have such commitment in respect of Unit III—Power CoLir-Vx of the Project. With a visw to ensuring efficient, economical and early execution of these Units of t.ie Project, and taking into account ihc finan- cial commitments of the party States, it is desirable and neces- sary that a Construction Advisory Committee should be con- stituted for the purpose. We, therefore, order that such an Advisory Committee to bi: called Sardnr Saroyar Construction Advisory Committee should be set up within three nionths from the date of publication of the Decision of the Tribunal in the Official Gazette.

(2) The Construction Advisory Committee shall have a whole-time Secretary of the rank of Chief Engineer to be appointed by Union of India and such other staff as may be necessary.

(3) The Committee shall comprise.

(i) The Secretary to the Government of Ind:a, in ch.irge

of Irrigation—Chairman.

(ii) Chairman, Central Water Commission (CWC), or a Member of the CWC representing him in case the Chairman is unable to attend a meeting.

(iii) Chairman, Central Electricity Authority (CEA), or a Member of the CEA representing him in caie the Chairman is unable to attend a meeting.

(iv) Chairman, Narmada Control Authority (NCA) or an Independent Member of NCA representing him In case the Chairman is unable to attend a meeting.

(v) Joint Secretary (Financial Adviser) in the Union Mi- nistry of Agriculture & Irrigation (Department of Irrigation).

(vi) Secretaries in charge of Finance Department of Gov- ernments of Madhya Pradesh, Gujarat, Maharashtra and Rajasthan,

(vii) Secretaries in charge of Irrigation Department of Go-

vernments of Gujarat and Rajasthan.

(viii) Secretaries in charge of Power Department of Mfldhya

Pradesh, Maharashtra and Gujarat.

(ix) Secretaries in charge of Revenue Department or any other Department concerned with land acquisition of Madhya Pradesh, Maharashtra and Gujarat,

fx) General Manager or Chief Engineers of Gujarat in- charge of the project and Chief Engineers of Madhya Pradesh, Maharashtra and Rajasthan concerned with the Project.

(xl) Chairman. State Electricity Boards of Madhya Pradesh,

Maharashtra and Gujarat.

(xii) Financial Adviser, Sardar Sarovnr Project.

The Chairman may co-opt ony other Member for nnv parti-

cular meeting.

(4) The Sardar Sarovar Construction Advisory Committee

shall :—

(I) scrutinise the project estimates prepared for these works, advise necessary modifications and recom- mend the estimate* for the administrative approval of the concerned Governments ;

(if) examine and make recommendation on all proposals •'pertaining to technical feature* and design* as may be referred to it by BUY of the party 'States and where necessary consult experts for the purpose.

(iii) examine and make recommendation on the program- me of construction of different parts of the project in a co-ordinated manner, keeping in view the funds available, the economics of the project and the desir- ability of obtaining quick results ;

(iv) examine the requirement of funds for the construction of works and other purposes according to the ap- proved programme and make necessary recommen- dations ;

(v) examine and recommend, from time to time, the de- legation of such powers', both technical and financial, as it may deem necessary for the efficient execution of the project, to the General Manager/Chief Engi- neers, Superintending Engineers, Executive Engineers and Sub-Divisional Ofllcen; engaKed in the execution of the project ;

(vi) examine and, where necessary, recommend specifica-

tions for various classes of work;

(vii) examine ant' make recommendation on all sub-esti- mates and contracts, the cost of which exceeds the powers of sanction of the General Manager/Chief Engineers ;

(viii) review progress reports, both for works and expendi- ture from the General Manager/Chief Engineers and recommend, where necessary, steps to be taken to expedite the work.

(5) The headquarters of the Construction Advisory Com-

mittee will be fixed by the Committee,

(6) The Construction Advisory Committee will frame rules regarding procedure and delegation of power for the purpose of carrying out its business.

(7) The recommendations of the Construction Advisory Committee shall be conveyed to the Governments concerned by the Committee and copies sent to (he Review Committee and Narmada Control Authority for infromation.

(8) The recommendations of the Construction Advisory Committee shall normally be accepted by the State Govern- ments concerned, In the event of any disagreement, the matter shall bo referred to the Review Committee and the decision of the Review Committee shall bo final and binding on all the concerned States

In all mailers relating to the construction of the Sardar Sarovar Dam and appurtenant workg (Unit f), Power House and generating machinery (Unit TTI) anc. Transmission lines to feed power to Madhya Pradesh, Maharashtra and Gujarat upto the next sub-station in each case, Ihc Narmada Control Authority will carry out only such functions as do not speci- ficiiily devolve upon the Construction Advisory Committee set up under Sub-Clause 16, Clause XIV.

(9) The Construction Advisory Committee will be dissolved after three years of the completion of construction of Units T ind III of the Sardar Sarovar Project. The post-construction management of Units I and III will be by Gujarat under the supervision of the Narmada Control Authority.

(10) The expenditure of the Construction Advisory Com- mittee will be borne by the four States of Madhya Pradesh, Gujarat, Maharashtra and Rajasthan equally.

957 GI/79—4

Sub-clause 17

Nothing contained in this Order shall prevent the alteration, amendment or modification of all or any of the foregoing clauses by agreement between all the States concerned.

Sub-clause 18 :

The Union of India has consented to participate in the Machinery to be established by the Order of the Tribunal, if so directed and to do its best to implement the decision of the Tribunal.

Accordingly, we direct the Union of India to participate In the Machinery set up by the Order of the Tribunal to imple- ment the directions of the Tribunal specifically under Clauses 1(2), 4, 12(6), 13, 14 and generally to implement all the other directions so far as the Union of India is concerned.

Clause XV : Order As To Costs Of Proceedings.

(i) The States of Gujarat, Madhya Pradesh, Maharashtra and Rajasthan shall bear their own costs of appear- ing before the Tribunal. The expenses of the Tri- bunal shall be borne and paid by the aforesaid four State in equal shares. These directions relate to the references under Section 5(1) of the Inter-State Water Disputes Act, 1956.

(11) The States of Gujarat, Madhya Pradesh, Maharashtra and Rajasthan shall bear their own costs of appearing before the Tribunal in the references under Sec- lion 5(3) of the said Act. The expenses of the Tri- bunal in respect of the aforesaid reference shall be borne and paid by the States of Gujarat, Mndhya Pradesh, Maharashtra and Rajasthan in equal shares.

Clause XVI : Period Of Operation Of Certain Clauses Of

The Final Order.

In addition to Clause* III and IV (mentioned in Clauae V), our Orders in Clause VTT with regard to Full Reservoir Level and Maximum Water Level of the Sardar Sarovar Dnm, Clause VIII with regard to Sharing of Costs and Benefits, Clause IX with regard to Regulated Releases to be made by Madhya Pradesh for the Requirement of Sardar Sarovar Pro- ject, Clause X with regard to Payment to be made by Gujarat to Madhya Pradesh for such Regulated Releases, Clause XII with regard to Allocation of Costs of Sardar Sarovar Project between Irrigation and Power, Clause Xlll with regard to Allocation of Irrigation Component of Cost of Sardar Sarovar Project between Gujarat and Rajasthan and Clause XIV as regards Machinery arc all made subject to review at any time after a period of 45 years from the date of publication of the Decision of the Tribunal in the Official Gazette.

December 7, 1979.

Sd/-

V. RAMASWAMI, Chairman

Sd/-

A. K. SINHA, Member

SdA

M. R. A ANSARI, Member"

[F. 3/3/79-WD] C. C. PATEL, Secy.

PRINTED BY THE MANAGER, OOVT. OF INDIA PRESS, RING ROAD, NEW DELHI-110064

AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-110054, 1979