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Cauvery Water Dispute PDF

June 16, 2021 by admin

Last Updated on January 29, 2022 11:54 am by admin

Cauvery Water Dispute PDF

MINISTRY OF WATER RESOURCES, RIVER DEVELOPMENT AND GANGA REJUVENATION

NOTIFICATION

New Delhi, the 1st June, 2018

S.O. 2236(E).—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 the Cauvery Water Disputes Tribunal (hereinafter referred to as ‘the Tribunal’) vide notification number S.O. 437(E), dated the 2nd June, 1990 to adjudicate upon the water dispute regarding the Inter-State river Cauvery and the river valley thereof among the States of Karnataka, Kerala, Tamil Nadu and Union territory of Puducherry;

And whereas the Tribunal investigated the matters referred to it and forwarded to the Central Government a report under sub-section (2) of section 5 of the Act on the 5th February, 2007 and the party States filed special leave petitions in the Hon’ble Supreme Court against the said report; And whereas the Hon’ble Supreme Court converted the said special leave petitions into Civil Appeals and on the directions of the Hon’ble Supreme Court, the Government of India notified the said report vide S.O. 404(E), dated the 19th February, 2013;

And whereas the Hon’ble Supreme Court pronounced its judgment and final order in Civil Appeals 2453 of 2007, 2454 of 2007 and 2456 of 2007 on the 16th February, 2018 and directed the Central Government to frame a scheme under section 6A of the Act to implement the Tribunal Award as modified by the Hon’ble Supreme Court vide Order dated the 16th February, 2018;

Now, therefore, in exercise of the powers conferred by section 6A of the said Act, the Central Government hereby frames the scheme, inter alia, constituting the Cauvery Water Management Authority (hereinafter referred to as the “Authority”) and the Cauvery Water Regulation Committee (hereinafter referred to as ‘the Committee’) to give effect to the decision of the Cauvery Water Disputes Tribunal as modified by the Hon’ble Supreme Court vide its Order, dated the 16th February, 2018, namely:-

1. Short title and commencement.—(1) This Scheme may be called the Cauvery Water Management Scheme, 2018.

(2) It shall come into force on the date of its publication in the Official Gazette.

I. Establishment of Cauvery Water Management Authority

2. Constitution of the Authority.—There shall be an Authority called as Cauvery Water Management
Authority.

3. (1) The Authority shall be a body corporate having perpetual succession and a common seal and shall sue and be sued.

(2) The Authority shall consist of the following members, namely: –
(a) Chairman – To be appointed by the Central Government, who shall have tenure of five years or till sixty-five years of age, whichever is earlier, amongst the serving officers, namely: –
(i) who is a senior and eminent engineer with wide experience in water resource management; handling of inter-State water sharing issues; construction, operation and maintenance of irrigation projects; or
(ii) an All India Service Officer, in the rank of Secretary or Additional Secretary to the Government of India with experience in water resources and inter-State water sharing issues;

(b) Two whole-time Members – To be appointed by the Central Government for a term of three years which may be extendable upto five years, as mentioned below:
(i) One Member (Water Resources) – an engineer not below the rank of Chief Engineer from the Central Water Engineering Services (CWES) cadre;
(ii) One Member (Agriculture) – not below the rank of a Commissioner from the Ministry of Agriculture and Farmers’ Welfare;

(c) Two Part-Time Members – Representatives of the Central Government of the rank of Joint Secretary to be nominated by the Ministry of Water Resources, River Development and Ganga Rejuvenation and Ministry of Agriculture and Farmers’ Welfare respectively;

(d) Four Part-Time Members from party States – Administrative Secretaries in charge of Water Resource Departments of each State Government of Kerala, Karnataka, Tamil Nadu and Union territory of Puducherry who shall be nominated by the State Governments and Union territory administration respectively.

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