REGD. NO. D. L.-33004/99 The Gazette of India EXTRAORDINARY
PART II—Section 3—Sub-section (ii) PUBLISHED BY AUTHORITY No. 149 ] NEW DELHI, WEDNESDAY, MARCH 8, 2000/PHALGUNA18, 1921 708 GI/2000 (1) 2 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3 (ii)] 3 MINISTRY OF WATER RESOURCES NOTIFICATION New Delhi, the 7th March, 2000 S.0.203 (E).—-In exercise of the power conferred by section 13 of the Inter-State Water Disputes Act, 1956 ( 33 of 1956) the Central Government, after consultation with the State Governments, hereby, makes the following amendments to Inter State water Disputes Rules, 1959, namely :-
(1) - These rules may be called the Inter - State Water Disputes ( Amendment ) Rules, 2000.
(2) - They shall be deemed to have come into force on the 1st day of January, 1996.
4. In rule 6 of the Inter - State Water Disputes Rules, 1959 -
(a) for sub-rule (1), the following sub-rule shall be Substituted, namely :- "(1) The time spent by the Chairman or a Member of a Tribunal who is a Judge of the Supreme Court or a High Court, shall count as actual service within the meaning of paragraph 11 (b)(i) of the part D of the Second Schedule to the Constitution read With sub-clause (i) of clause (b) of section 2 of the Supreme Court Judges (Salaries and Conditions of Services) Act, 1958 (41 Of 1958) or sub-clause (i) of clause (c) of section 2 of the High Court Judges (Salaries and conditions of Service) Act, 1954 (28 Of 1954), as amended from time to time, and accordingly he will continue to draw the remuneration as admissible to him as a Judge of the Supreme Court or of a High Court, as the case may be-";
(b) in para 1 of sub-rule (2), for the words " the last pay drawn by him before retirement ", the words " the pay which Shall be fixed in accordance with the Ministry of Finance (Deptt.
of Expenditure) office memo no. 19047/4/99--E-IV dated August, 12, it 999 as amended from time to time ", shall be substituted;
(c) in para 2 of sub-rule (2) for the words " an allowance of two thousand and five hundred rupees", the words "such allowance las is admissible to the serving Judges of the Supreme Court or of a High Court as the case may be ", shall be substituted ;
(d) for sub-rule (4), the following sub-rule shall be Substituted namely ;- " A person, being a retired Government servant appointed as a whole-time Assessor by a Tribunal, on or before 1.1.1996 shall be paid such salary as admissible in terms of Ministry of Personnel, P.G. and Pension (Deptt. of Personnel & Training 4 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3 (ii)] O.M. No.3/12/97-Estt. (Pay-II) dated 19.11.1997, as amended from time to time provided that such salary shall not exceed Rs.
26,000 per mensem. He shall be entitled to draw such allowances and other benefits as are admissible to a serving Government servant.
A person being a retired Government servant appointed as a whole-time Assessor by a Tribunal after 1.1.1996 shall be paid such salary which, together with his pension and pension equivalent or any other form of retirement benefit, shall not exceed the last pay drawn by him before retirement or Rs. 26000/- whichever is less. He shall be entitled to draw such allowances and other benefits as are admissible to a serving Government servant."
(e) in sub-rule (5), for the word and figures " Rs. 8000/-" , the word and figures " Rs. 26000/-", shall be substituted.
[F. No. 1/6/98-BM] Z. HASAN, Secy.
Explanatory Memorandum.— Since the rules are being amended on the basis of the recommendations of the Fifth Pay Commission report which came into force w.e.f. 1.1.1996, therefore, it is certified that no other person is likely to be adversely effected by this notification being given retrospective effect.
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