Title : THE UTTAR PRADESH REORGANISATION ACT, 2000 Year : 1962
MANAGEMENT AND DEVELOPMENT OF WATER RESOURCES
79.Water Resources Development and its Management.
79. Water Resources Development and its Management.-(1)
Notwithstanding anything contained in this Act but subject to the provisions of section 80, all rights and liabilities of the existing
State of Uttar Pradesh in respect of water resource projects n relation to-
(i) Ganga and its tributaries traversing the successor States excluding the Upper Yamuna River up to Okhla; and
(ii) Upper Yumuna River and its tributaries up to Okhla, shall, on the appointed day, be the rights and liabilities of the successor States in such proportion as may be fixed, and subject to such adjustments as may be made, by agreement entered into by the said States after consultation with the Central Govern ent, or, if no such agreement is entered into within two years of the appointed day, then, the Central
Government may, by order, determine within one year having regard to the purposes of the project:
Provided that the order so made by the Central Government may be varied by any subsequent agreement entered into by the successor
States after consultation with the Central Government.
(2) An agreement or order referred to in sub-section (1) shall, where an extension or further development of any of the projects referred to in that sub-section after the appointed day is undertaken, be the rights and liabilities of the successor States in relation to such extension or further development.
(3) The rights and liabilities referred to in sub-sections (1) and (2)
(a) the right to receive and utilise the water available for distribution as a result of the projects; and
(b) the right to receive and utilise the power generated as a result of the projects, but shall not include the rights and liabilities under any contract entered into before the appointed day by the
Government of the existing State of Uttar Pradesh with any person or authority other than Government.
Constitution and functions of the Ganga Management Board.
80. Constitution and functions of the Ganga Management Board.-(1) The
Central Government shall constitute a Board to be called the Ganga
Management Board (hereinafter referred to as the Board) for referred to in sub-section (1) of section 79 for any or for a combination of the following purposes, namely:- administration, construction, maintenance and operation of projects
(ii) rural and urban water supply;
(iii) hydro power generation;
(v) industries; and
(vi) for any other purpose which the Central Government may, by notification in the Official Gazette, specify.
(2) The Board shall consist of-
(a) a whole-time Chairman to be appointed by the Central Government in consultation with the successor States;
(b) two full time members, one from each of the successor States, to be nominated by the respective State Government;
(c) four part-time members, two from each of the successor States, to be nominated by the respective State Government;
(d) two representatives of the Central Government to be nominated by that Government.
(3) The functions of the Board shall include-
(a) the regulation of supply of water from the projects referred to in clause (i) of sub-section (1) of section 79 to the successor States having regard to-
(i) any agreement entered into or arrangement made covering the
Government of existing State of Uttar Pradesh and any other State or
Union territory, and
(ii) the agreement or the order referred to in sub-section (2) of section 79;
(b) the regulation of supply of power generated at the projects referred to in clause (i) of sub-section (1) of section 79, to any
Electricity Board or other authority in-charge of the distribution of power having regard to-
(i) any agreement entered into, or arrangement made covering the
Government of the existing State of Uttar Pradesh and any other State or Union territory, and
(ii) the agreement or the order referred to in sub-section (2) of section 79;
(c) the construction of such of the remaining on-going or new works connected with the development of the water resources projects relating to the rivers or their tributaries as the Central Government may specify by notification in the Official Gazette
(d) such other functions as the Central Government may, after consultation with the successor States entrust to it.
81.Staff of the Management Board.
81. Staff of the Management Board.-(1) The Board may employ such staff, as it may consider necessary for the efficient discharge of its functions under this Act. Such staff shall at the first instance, be any other method: appointed on deputation from the successor State ailing which through
Provided that every person who, immediately before the constitution of the said Board, was engaged in the construction, maintenance or operation of the works relating to the projects referred to in clause
(i) of sub-section (1) of section 79 shall contin e to be so employed under the Board in connection with the said works on the same terms and conditions of service as were applicable to him before such constitution until the Central Government, by order, directs otherwise:
Provided further that the said Board may, in consultation with the
Government of the successor State or the Electricity Board concerned and with the prior approval of the Central Government, retain any such person for service under that State Government r Board.
(2) The Government of the successor States shall at all times provide the necessary funds to the Board to meet all expenses (including the salaries and allowances of the staff) required for the discharge of its functions and such amounts shall be apporti ned between the States concerned in such proportion as the Central Government may, having regard to the benefits to each of the said States specify.
(3) The Board shall be under the control of the Central Government and shall comply with such directions, as may, from time to time, be given to it by that Government.
(4) The Board may delegate such of its powers, functions and duties as it may deem fit to the Chairman of the said Board or to any officer subordinate to the Board.
(5) The Central Government may, for the purpose of enabling the Board to function efficiently, issue such directions to the State
Governments concerned, or any other authority, and the State
Governments, or the other authority shall comply with such dire tions.
82.Jurisdiction of the Board.
82. Jurisdiction of the Board.-(1) The Board shall, ordinarily exercise jurisdiction in regard to any of the projects referred to in clause (i) of sub-section (1) of section 79 over headworks (barrages, dams, reservoirs, regulating structures), part of c nal network and transmission lines necessary to deliver water or power to the States concerned.
(2) If any question arises as to whether the Board has jurisdiction under sub-section (1) over any project referred thereto, the same shall be referred to the Central Government for decision thereon.
83.Power of Board to make regulations.
83. Power of Board to make regulations.-The Board may make regulations consistent with the Act and the rules made thereunder, to provide for-
(a) regulating the time and place of meetings of the Board and the procedure to be followed for the transaction of business at such meetings;
(b) delegation of powers and duties of the Chairman or any officer of the Board;
(c) the appointment and regulation of the conditions of service of the officers and other staff of the Board;
(d) any other matter for which regulations are considered necessary by the Board.
84.Allocation of the water resources of the River Yamuna.
84. Allocation of the water resources of the River Yamuna.-(1) The utilisable water resources of the Yamuna River up to Okhla, as allocated, before the appointed day, to the existing State of Uttar
Pradesh under the Memorandum of Undertakings, dated the 2th May, 1994.shall be further allocated between the successor States by mutual agreement within a period of two years, failing which, the Central
Government shall, by order, determine the allocation of such water resource between the successor States wi hin a further period of one year.
(2) The State of Uttaranchal shall, on the appointed day, be inducted as a member of the Upper Yamuna Board constituted for the implementation of the Memorandum of Undertaking referred to in sub-section (1).
LEGAL AND MISCELLANEOUS PROVISIONS
Last updated on May, 2015