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7. WW:(1)mmmmm$mmmqfimmmWwfiw wwmmmafimmfiwwmvfimmmfiaawfimmfiw,mm mWW—W$Wfimmmmmmfimmfifimmm,mfi mfimmh [Will—tins 3(ii)] WWW :murm 3 (amatsmiww—msmmmwmfiafiwfiWWmefififi Wemmmwmsmem,mqmwmi Newswtmmmwm [moi 18/4/2013-03. flirt] er. “1%. mm, W MINISTRY OF WATER RESOURCES NOTIFICATION New Delhi, the 22nd May, 2013
8.0.1324E) .— Whereas the Central Government, in exercise of the powers conferred by section 4 of the Inter-State River Water Disputes Act, 1956 (33 of 1956) (hereinafter referred to as “the Act") had constituted by notification number 8,0. 437(E), dated the 2nd June. 1990, the Cauvery Water Disputes Tribunal (CWDT) (hereinafter referred to as “the Tribunal") to adjudicate upon the water dispute regarding the inter-State river Cauvery;
And whereas, the Tribunal has given final order on the 5th February. 2007 in Civil Miscellaneous Petition Nos. 4, 5 and 9 of 1990 (hereinafter referred as “the Order”) and fowvarded the same to the Central Government for further necessary action;
And whereas, the Supreme Court in the matter of State of Tamil Nadu versus State of Kamataka and others vide its order dated the 4th February, 2013 has given its direction which reads as under:
“Section 6 of the Inter State River Water Disputes Act. 1956 mandates the Central Government to publish the decision of the Tribunal in the official gazette. Although no time frame is provided for publication of such decision by the Tribunal, but in absence thereof, publication has to be done within reasonable time. Since more than five years have already elapsed, we direct the Comm Government to publish in official gazette the final decision given by CWDT dated February 5, 2007 as early as may be possible and in no case later than February 20, 2013.
Needless to say that publication of the final decision of CWDT in official gazette shall be without prejudice to the pending proceedings,” And whereas, the final order of the Tribunal was published in the Gazette of India by the Central Government as required by section 6 of the said Act vide notification of the Government of India in the Ministry of Water Resources. No. 8.0. 404(E), dated the 19th February. 2013;
And whereas, the Supreme Court has given its interim direction on the 10th May, 2013 which reads as under:
“A Supervisory Committee is constituted for implementation of the final order dated February 5. 2007 as notified vide Notification dated February 19, 2013. The Supervisory Committee shall consist of the Secretary. Union Ministry of Water Resources as Chairman and the Chief Secretaries of the respective States of Karnataka. Tamil Nadu, Kerala and Union Territory of Puducherry as Members."
Now, therefore. in exercise of powers conferred by sub-section (1) of section 6A of the said Act. the Central Government hereby frames the following Scheme to_give effect to the implementation gt”ald Order of the Tribunal, namely:—
1. (1) This Scheme may be called the Cauvery Water (Implementation of the Order of 2007) Scheme. 2013,.
(2) It shall come into force on the date of its publication in the Official Gazette. .
(3) It is purely a temporary measure until a permanent Scheme namely the Cauvery Management Board as recommended by the Order dated the February 5, 2007 by the Tribunal is considered and constituted.
2. CONSTITUTION OF THE SUPERVISORY COMMITTEE:—— (1) There shall be a Committee under this scheme to be known as the Supervisory Committee (hereinafter referred to as the Committee).
1 'THE GAZETTE OF INDIA : EXTRAORDINARY [PART lI—SEC. 3(ii)]
(2) The Committee referred to in sub-rule (1) shall consist of the following, namely:—
(a) Secretary, the Ministry of Water Resources.
Government of India Chairman, ex officio
(b) Chief Secretaries to the State Governments of Karnataka, Tamil Nadu, Kerala and the Union Territory of Puducherry or his duly nominated representative Members, ex officio
(c) Chairman, Central Water Commission Member, ex officio
(d) Chief Engineer, Central Water Commission Member-Secretary ROLE OF THE COMMITTEE—The role of the Committee shall be to give effect to the implementation of the Order dated the 5th February, 2007 of the Tribunal:
Provided that in case of any doubt or difficulty, the Chairman, Supervisory Committee and, if necessary, any of the parties may apply to Hon’ble Supreme Court for appropriate directions with notice to the other States and the Union Territory.
MEETINGS OF THE COMMITTEE—The Committee may convene meetings as and when necessary and follow its own procedure while conducting of the meeting.
CONDUCT 0F BUSINESS:—The Committee shall follow its own procedure for conducting of its business.
HEADQUARTERS OF THE COMMITTEEc—The Headquarters of the Committee shall be at New Delhi.
FINANCIAL PROVISIONS:-—— (1) All the capital and revenue expenditure required to be incurred by the Committee shall be borne by the Central Government initially till the issue of sharing of cost among the party States or the Union Territory is either decided by them through mutual discussions or till the Tribunal takes a decision on the above matter.
(2) The accounts of the Committee shall be maintained and audited in such manner as may be notified by the Central Government, in consultation with the Comptroller and Auditor General of India, in this behalf.
By Order and in the name of the President of India.
[F. No. 18/4/2013-Pen. River] Dr. S.K. SARKAR. Secy.
Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Delhi-I 10064 and Published by the Controller of Publications, Delhi-l 10054.