___________________________________ 1_____________________________________ ORIGINAL CONSTITUTION OF SSCAC (PUBLISHED IN THE GAZETTE OF INDIA, PART-I, SECTION-I, NO.39.DATED 27TH SEPT, 1980) No.22/7/80-P-I, Government of India, Ministry of Irrigation New Delhi, the 4th September, 1980.
R E S O L U T I O N The Water dispute regarding the inter-State river Narmada and the river valley thereof, between the State of Gujarat, Madhya Pradesh, Maharashtra and Rajasthan was referred for adjudication to the Narmada Water Disputes Tribunal constituted by the Government of India in October, 1969 under the Inter-State Water Dispute Act,
1956. The Tribunal submitted its further and final report to the Government of India in December 1979. As required under Section 6 of the Act, the Government of India published the decision of the Tribunal in the official Gazette on 12th December 1979, whereupon the decision became final and binding on the parties to the dispute. In its final order, the Tribunal has, inter-alia, directed setting up of an Inter-State Administrative Authority to be called Narmada Control Authority for the purpose of securing compliance with and implementation of decisions and directions of the Tribunal. The Tribunal has further directed the setting up of a Review Committee, which on the application of any Party State may review any decision of the Authority.
While observing that the four party States have financial Commitments in respect of Unit-I Dam and Appurtenant works of the Sardar Sarovar Project and three of them, namely, Gujarat, Maharashtra and Madhya Pradesh have such commitment in respect of Unit-III (Power Complex of the Sardar Sarovar Project), the Tribunal has in addition considered it desirable and necessary that a Construction Advisory Committee should be constituted for ensuring efficient, economical and early execution of Unit I and III of the Project.
In pursuance of the above decision of the Narmada Water Disputes Tribunal, the Sardar Sarovar Construction Advisory Committee is hereby constituted, as under:
The Sardar Sarovar Construction Advisory Committee will consist of the following:- 2 i) The Secretary to the Government of India, in charge 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.
-Member iii) Chairman, Central Electricity Authority (CEA) or a Member of the CEA representing him in case the Chairman is unable to attend a meeting.
-Member iv) Chairman, Narmada Control Authority (NCA) or its Independent Member representing Chairman in case the Chairman is unable to attend a meeting.
-Member v) Joint Secretary (Financial Adviser) in the Ministry of Irrigation. -Member vi) Secretaries in charge of Finance Department of Government of Madhya Pradesh, Gujarat, Maharashtra and Rajasthan.
-Members vii) Secretaries in charge of Irrigation Department of Government of Gujarat and Rajasthan.
-Members viii) Secretaries in charge of Power Department of Madhya Pradesh, Maharashtra and Gujarat.
-Members ix) Secretaries in charge of Revenue Department or any other Department, concerned with land acquisition of Madhya Pradesh, Maharashtra & Gujarat.
-Members x) 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.
-Members xi) Chairman, State Electricity Board of Madhya Pradesh, Maharashtra and Gujarat.
-Members xii) Financial Adviser, Sardar Sarovar Project. -Member xiii) Secretary (to be appointed by the Government of India) - Member Secretary The Chairman may invite any other person to attend any meeting of the Advisory Committee, should it be considered necessary for the proper discharge by the Committee of its functions.
3. The Sardar Sarovar Construction Advisory Committee shall :
3 i) scrutinise the project estimates prepared for works mentioned in paragraph 1 above, advice necessary modifications and recommend the estimates for the administrative approval of the concerned Governments.
ii) examine and make recommendation on all proposals pertaining to technical features and designs as may be referred to it by any of the party States and where necessary consult experts for the purpose ;
iii) examine and make recommendation on the programme 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 desirability of obtaining quick results;
iv) examine the requirement of funds for the construction of works and other purposes according to the approved programme and make necessary recommendations;
v) examine and recommend, from time to time, the delegation of such powers, both technical and financial, as it may deem necessary for the efficient execution of the project, to the officers engaged in the execution of the works on the project;
vi) examine and, where necessary, recommend specifications for various classes of work;
vii) examine and make recommendation on all sub-estimates 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 expenditure from the General Manager/Chief Engineers and recommend, where necessary, steps to be taken to expedite the work.
4. The recommendations of the Construction Advisory Committee shall be conveyed to the Governments concerned by the Committee and copies sent to the Review Committee and Narmada Control Authority for information.
5. The recommendations of the Construction Advisory Committee shall normally be accepted by the State Governments concerned. In the event of any disagreement, the matter shall be referred to the Review Committee and the decision of the Review Committee shall be final and binding on all the concerned States.
In all matters relating to the construction of the Sardar Sarovar and appurtenant works (Unit-I), Power House and generating machinery (Unit-III) and 4 Transmission lines to feed power to Madhya Pradesh, Maharashtra and Gujarat upto the next sub-station in each case, the Narmada Control Authority will carry out only such functions as do not specifically devolve upon the Construction Advisory Committee.
6. The Construction Advisory Committee will be subject to dissolution after three years of the completion of construction of Unit-I and Unit-III of the Sardar Sarovar Project. The post construction management of Unit-I and Unit-III will be by Gujarat under the supervision of the Narmada Control Authority.
7. The headquarters of the Construction Advisory Committee shall be at Gandhinagar in Gujarat.
8. The Construction Advisory Committee will frame rules regarding procedure and delegation of power for the purpose of carrying out its business.
9. The expenditure of the Construction Advisory Committee will be borne by the four Party States of Madhya Pradesh, Gujarat, Maharashtra and Rajasthan equally.
Sd/- (C.C. PATEL) Secretary to the Government of India.
O R D E R Ordered that this Resolution be communicated to all the State Governments, Ministries/ Departments of the Government of India, the Comptroller and Auditor General of India, Prime Minister’s Office, President’s Secretariat and Planning Commission.
Ordered also that the Resolution be published in the Gazette of India and that the State Governments be requested to publish it in the State Gazette for general information.
Sd/- (C.C. PATEL) Secretary to the Government of India.