The Narmada Control Authority (NCA) has been
setup under the final orders and decision of the Narmada Water Disputes Tribunal (NWDT) as
a machinery for implementation of its directions and decision. The authority started
functioning from 20th December, 1980.
The authority is a body corporate with
representatives of the four States of Madhya Pradesh, Gujarat, Maharashtra, Rajasthan and
representatives of Govt. Of India. The authority is funded in equal proportions by all the
four states. Secretary (Water Resources), Govt. of India is the ex-officio Chairman of the
Authority, whereas the routine administration is the responsibility of Executive Member of
the Authority. NCA presently has six subgroups. The Narmada Control Authority has its
headquarters at Indore.
Narmada Control Authority - Compositions and Functions
(1) The Narmada
Control Authority shall be a body corporate having perpetual succession
@ and a common seal and shall sue and be sued.
(2)(a) The Authority
shall consist of the following Members, namely :-
to the Govt. of India, Ministry of Water Resources
to the Govt. of India, Ministry of Energy, Department of Power
to the Govt. of India, Ministry of Environment & Forests
to the Govt. of India, Ministry of Welfare
Secretary to the Government of Gujarat
Secretary to the Government of Madhya Pradesh
Secretary to the Govt. of Maharashtra
Secretary to the Govt. of Rajasthan
persons not below the rank of Chief Engineer to be appointed by the
Central Govt. as independent Members one of whom ** shall be designated
as the Executive Member of the Authority.**
One person not below the rank of a Joint Secretary to the Government
of India or an Additional Secretary in a State Government having experience
in the fields of Environment & Rehabilitation of displaced persons,
to be appointed by the Central Government as independent Member. $
Four Persons of the rank of Engineer-in-Chief, Chief Engineer in charge
of the Irrigation Department or the Power Department or the State
Electricity Board, one each to be appointed by the State Governments
of Gujarat, Madhya Pradesh, Maharashtra and Rajasthan.
LIST OF NCA
MEMBERS & INVITIES
(b) The Executive
Member will be in-charge of the administrative work of the Authority
under the general supervision and control of the Chairman. The Central
Government or as the case may be, the State Government shall have the
power to remove or suspend any of the Member appointed under clauses
(ix) to (xv) if in its opinion he is not suitable to continue as Member
(d) The Secretaries to the Government of India or the Chief Secretaries
to the State Governments when unable to attend the meetings of the Authority
may send their representatives not below the rank of Joint Secretary
in the Government of India or as the case may be a Secretary in the
(3) Each independent
Member shall be a full time Member and be appointed for a term not exceeding
five years. The Members appointed by the State Governments shall be part-time
Members. The appointing authority for independent Member or that for part-time
Member, as the case may be, shall determine the terms and conditions of
appointment in each case.
(4) On any vacancy
occurring in the offices of the three independent Members, the Central
Government shall appoint a person to such vacant office, and on any vacancy
occurring in the office of the four Members other than the independent
Members, the State Government by whom the Member whose office falls vacant
was appointed shall appoint a person to the vacant office :- Provided
that in case of illness or absence for any cause whatever of a Member,
the Central Government or State Government by whom he was appointed, as
the case may be, may appoint a person as an acting Member during such
illness or absence and such acting Member shall, while so acting, have
all the powers and perform all the duties & be entitled to the indemnities
of the Member, in whose stead he so acts. !
of the Authority - The Authority shall employ a Secretary, who shall be
an Engineer. He shall not be a Member of the Authority.
4. ^^ Quorum
& Voting - The quorum to constitute a meeting of the Authority (other
than routine business) shall be 8 Members. Of these at least one Member
each from any 3 of the 4 participating States shall be present. No decision
affecting a State's interest shall, however, be taken without the presence
of at least one Member of that State Government being present in the meeting.
The Quorum for transaction of routine business shall be five Members.
Every question, except a routine business, brought before any meeting
of the Authority shall be decided by a majority of Members present and
voting at the meeting before which the matter is brought. The Authority
shall not prescribe as routine any business in which decisions are to
be taken on any matter affecting the interest of more than one State.
In the absence of the Chairman, the Member elected at the meeting shall
preside over the meeting. In the case of equality of votes the Chairman
or Member presiding over the meeting shall have a second or casting votes.
Save as aforesaid the Members shall have equal powers.^^
of Business by the Authority-
(i) Subject to the
provisions of Sub-paragraph (2), the Authority may dispose of any matter
before it either by circulation or by holding a meeting. However, it
will be open to any Member of the Authority to require that a matter
shall not be disposed of by circulation but at a meeting.
(2) On the following
matters, the Authority shall record its decision by a Resolution at a
meeting in which the Chairman and all the Members from the party States
i) Framing of Rules
ii) Delegation of
functions to a Member or Secretary or any official of the Authority.
iii) Categorizing any part of the business of the Authority as of a formal or routine
iv) Any other matter
which any of the four party States require that it shall be decided
at a meeting where all the Members from the Party States are present;
Provided that if
any particular item cannot be disposed of at two successive meetings
owing to the absence of one or more Members from the party States, it
shall be disposed of as provided in # paragraph - 4
(3) Subject to the
foregoing provisions the Authority shall frame its own rules for the
conduct of its business.
(4) The Authority
shall cause proper minutes or records of all its proceedings to be kept
as permanent record.
(5) ## Where the
Secretary to the Government of India, Ministry of Environment & Forests,
is of the opinion that any decisions of the Authority is inconsistent
with the needs of environmental protection, the matter shall be reserved
for the decision of the Review Committee.##
of Members - No Member, Officer or employee of the Authority shall be
liable for loss, injury or damages resulting from (a) action taken by
such Member, Officer or employee in good faith and without malice under
the apparent authority of the orders, even though such action is later
determined to be unauthorized or (b) the negligent or wrongful act of
omission of any other person, employed by the Authority and serving under
such Member, Officer or employee unless such Member, officer or employee
failed to exercise due care in the appointment of such other person or
the supervision of his work.
and servants of the Authority - The Authority may from time to time appoint
or employ such and so many officers and employees as it thinks fit and
remove or dismiss them, under the rules & regulations applicable to the
appointment, removal and dismissal of the Central Government Officers
and employees. All such officers and employees shall be subject to the
sole control of the Authority. ###The Authority may, with the previous
approval of the Central Government, make regulations to regulate conditions
of service of all such officers and employees in respect of residential
accommodation, house rent allowance, traveling allowance, daily allowance,
conveyance allowance and medical reimbursement. ### The scales of pay
and other service conditions shall be as applicable to Central Government
Persons employed in
the services of the four States may be appointed or employed by the Authority
in such proportions as the Authority may deem fit. The Authority shall
arrange with the State Governments to spare the services of the persons
employed in State Governments for whole-time employment with the Authority,
or for the performance of any work or services for the Authority. The
Authority may also make direct recruitment of any personnel or obtain
the same from the Centre or other source as considered appropriate.
and Field organization costs-
(1) ~ All expenses
of the Authority (including the salary and expenses of the independent
Members) shall be borne by the State Governments of Madhya Pradesh,
Gujarat, Maharashtra and Rajasthan in equal shares. The expenses pertaining
to a Member representing a State shall be borne by the State concerned.
The expenses pertaining to the Members representing the Central Government
shall be borne by the Government. The cost of maintaining, operating
and controlling the gauging and other hydrological stations in each
State and the telecommunication system for communicating the data shall
be borne by the State concerned. ~
(2) The costs of
construction of the storages, power installations, diversion works,
headworks and canal networks shall be borne wholly by the State Government
in whose territory the work is located except for works whose cost has
been ordered by the Tribunal to be shared between two or more party
States. Where the capital cost is thus shared, the operation and maintenance
cost shall also be shared in the same proportion.
functions, and duties of the Authority-
(1) ~~The role of
the Authority will mainly comprise of overall coordination and direction
of the implementation of all the projects including the engineering
works, the environmental protection measures and the rehabilitation
program and to ensure the faithful compliance of the terms and conditions
stipulated by the Central Government at the time of clearance of the
(2) The Authority
shall be charged with the power and shall be under a duty to do any
or all things necessary, sufficient and expedient for the implementation
of the Order of the Tribunal with respect to :-
i) the storage,
apportionment regulation and control of the Narmada waters.
ii) Sharing of
power benefits from Sardar Sarovar Project.
releases by Madhya Pradesh.
by the concerned States for Sardar Sarovar Project of lands and properties
likely to be submerged under Sardar Sarovar.
and rehabilitation and settlement of outs tees; and
vi) sharing of
(2)(a) ~~The Authority
may constitute one or more sub-committees and assign to them such of
its function and delegate such of its powers as it thinks fit.~~ ~
(3) In particular
and without prejudice to the generality of the foregoing functions,
the Authority shall perform inter-alias, the following functions :-
i) Madhya Pradesh
or Gujarat as the case may be shall submit to the Authority the Sardar
Sarovar Project Report, the Narmada Sagar Project Report, the Omkareshwar
Project Report and the Maheshwar Project Report. The Authority shall
point out to the States concerned, the Central Water Commission, the
Central Electricity Authority and Planning Commission any features
of these projects which may conflict with the implementation of the
Orders of the Tribunal. Any subsequent changes in the salient features
or substantial increase in cost in respect of dams, power houses and
canal headworks shall be reported to the Authority for taking appropriate
action in the matter.
ii) The Authority
shall decide the phasing and shall coordinate construction programmes
of the Narmada Sagar Project and Sardar Sarovar Unit-II Canals with
a view to obtaining expeditiously optimum benefits during and after
the completion of the construction of the projects having due regard
to the availability of funds.
iii) The Authority
shall obtain from the concerned States periodical progress reports
both as to works and expenditure, and shall on receipt of such reports
review the progress of construction of different units of the projects
and @ whenever necessary advise the State concerned on the steps to
be taken to expedite the work, except in respect of Unit-I Dam and
Appurtenant Works and Unit-III Power Complex of Sardar Sarovar Project.
The States shall submit completion reports to the Authority in respect
of projects referred to in sub-paragraph (3) (i).
iv) The Authority
shall issue appropriate directions whenever necessary for timely and
full compliance by the concerned States within the Orders of the Tribunal
in the matter of acquisition for and making available to Gujarat lands
and properties likely to be submerged under the Sardar Sarovar Project
and in the matter of compensation and rehabilitation of oustees there
v) The Authority
shall cause to be established maintained and operated by the State
Governments concerned or any one or more of them, such stream and
other gauging stations, equipped with automatic recorders, where necessary,
discharge, silt and evaporation observation stations and measuring
devices @ as may be necessary from time to time for securing the records
required for carrying out the provisions of the orders of the Tribunal.
If deemed necessary, the Authority may require the installation, maintenance
and operation by the State concerned of measuring devices of approved
type at the head of main Canals as also at the off take of the canal
for Rajasthan for measuring amount of water diverted from Narmada
records shall be kept of the flow of the Narmada at all Stations considered
necessary by the Authority and the records correlated.
vii) The Authority
shall frame rules of regulation and water accounting as per guidelines
given in Clause IX of the order of the Tribunal. It shall determine
the share of water of each State for every ten-day period for purposes
of regulation and water accounting.
viii) The Authority
shall ensure implementation of the orders of the Tribunal in respect
of (a) quantum and pattern of regulated releases by Madhya Pradesh;
(b) Payment for such regulated releases and sharing of costs.
ix) The Authority
shall collect from the State concerned data for the areas irrigated
by Narmada Waters in each season, of power generated at each hydro-electric
power station at and downstream of Narmada Sagar, of withdrawals for
domestic, municipal and industrial or any other purposes and of waters
going down the river from Sardar Sarovar Project.
x) The Authority
shall determine the volume of water flowing in the river Narmada and
its tributaries in a water year (1st July of a year to the 30th June
of the next year).
xi) The Authority
shall determine from time to time the volume of water stored by each
State in reservoirs and other storages and may for that purpose adopt
any device or method.
xii) The Authority
shall determine at appropriate periodic intervals the use of Narmada
Water made by the states, or such of them as necessary, at any place
or in any areas at any time and for that purpose it may take note
of all diversions or obstructions, whether natural or artificial or
partly natural and partly artificial, from the river Narmada and its
Tributaries and measure such use by any method as it deems fit.
xiii) The Authority
or any of its duly authorized representative shall have power to enter
upon any land and property upon which any project or development of
any project, or any work of gauging, evaporation or other hydrological
station or measuring device has been or is being constructed, operated
or maintained by any State for the use of Narmada water. Each State
through its appropriate departments shall render all cooperation and
assistance to the Authority and its authorized representatives in
xiv) The Authority
shall meet as often as necessary and decide on a proper management
of waters including in particular the manner and details of withdrawals
of waters from the storages on the Narmada river system in accordance
with the orders of the Tribunal. In particular, the Authority shall
meet at the end of the filling season, and review the availability
of waters in the storages on the Narmada river system and decide upon
the pattern of their regulation for the next irrigation season, taking
into account the carry over storage.
xv) The Authority
shall give directions for a phased program of constriction for generation
and transmission of power in fulfillment of the shares of power allocated
to the three States of Madhya Pradesh, Maharashtra and Gujarat from
Sardar Sarovar and for payments therefore in accordance with the Orders
of the Tribunal. The Authority shall also ensure that generation and
transmission of power from Sardar Sarovar Complex are in accordance
with the Orders.
xvi) The Authority
shall issue appropriate directions for establishment, maintenance
and operation of an effective system of flood forecasting and flood
control including reporting of heavy precipitation and telecommunication
systems. The safety of a structure shall primarily be the responsibility
of the Chief Engineer incharge of the structure and no decision or
order shall be binding on him if in his opinion the safety of the
structure will be endangered thereby. The Authority shall publish
annually and make available to party States the data regarding operation
of reservoirs during floods.
(4) In the light
of its experience, the Authority may modify or add to the functions
enumerated in Sub-paragraph (3) (i) to sub-paragraph 3(xvi) by a resolution.
(5) All the concerned
States shall submit to the Authority all the relevant information called
for by the Authority in connection with the Narmada Valley Development
Report of the Authority - The Authority shall prepare and transmit to
each of the four party States as early as possible and in any case before
the end of the current Water Year (1st July of the year to the 30th June
of the next year) an Annual Report covering the activities of the Authority
for preceding year and to make available to the Central Government and
to Government of each of the Party States, on its request any information
within its possession any time and always provide access to its records
to the Central Government and to the Government of each of the Party States
and their representatives. The Central Governments shall cause the Annual
Report to be laid before each house of the Parliament.
of the Authority and their location - The Authority shall keep a record
of all meetings and proceedings, maintain regular accounts, and have a
suitable office where documents, records, accounts and gauging data shall
be kept open for inspection by the Central Government and Government of
each of the party States or their representatives at such times and under
such regulations as the Authority may determine. The location of the Central
Regional and Sub-Regional offices of the Narmada Control Authority shall
be determined by the Authority. The headquarters of the Authority shall
be at New Delhi till such time at it decides on its permanent location.
& Agreements - The Authority shall enter into such contracts and agreements
as may be necessary and essential for the full and proper performance
of the functions and duties conferred or imposed on it.
Provisions - (1) All the Capital and revenue expenditure required to be
incurred by the Authority shall be borne by the State Government of Madhya
Pradesh, Gujarat, Maharashtra and Rajasthan equally. The Governments of
the said States shall provide the necessary funds to the Authority to
meet all capital and revenue expenditure required to be incurred by the
Authority for the discharge of its functions. For this a fund to be called
"The Narmada Control Authority Fund" shall be constituted to which the
sums paid by the States and other sums received by the Authority shall
(2) On the constitution
of the Authority, the Governments of the States of Madhya Pradesh, Gujarat,
Maharashtra and Rajasthan shall contribute each a sum of Rs. 5,00,000
(Rupees Five Lacs) to the fund of the Authority in the first instance.
(3) The Authority
shall in the month of September of each year prepare detailed estimate
of the @@ amounts of money required during the twelve months from the
first day of April of the ensuring year, showing the manner in which
it is proposed to spend such money. The Authority shall on or before
the fifteenth of October forward a copy of such detailed estimate to
the concerned // Chief Secretaries // of the four States and indicate
the amount required to be contributed by each State for the ensuing
financial year. Each of the State Governments shall pay to the Authority
its contribution as indicated by the Authority on or before the 30th
day of April of the ensuing year.
(4) The Authority
shall maintain detailed and accurate accounts of all receipts and disbursements
and shall after the close of each financial year, prepare an annual
Statement of Accounts and send copies thereof to the Accountant General
as well as the concerned // Chief Secretaries // of the four States.
The form of the Annual Statements of Accounts shall be such as may be
prescribed by rules framed by the Authority. The accounts maintained
by the Authority shall be open for inspection at all reasonable times
by the Central Government and the government of the Party States through
their duly authorized representative or representatives.
shall be made from the funds of the Authority only in such manner as
may be prescribed by the Authority. The Authority may incur such expenditure
as it may think fit to meet any emergency in the discharge of its functions.
(6) The accounts
maintained by the Authority shall be audited by the Comptroller and
Auditor General of India or his nominee who shall certify subject to
such observation as he may wish to make on the annual accounts of the
Authority. The Authority shall forward to the Accountants General and
the concerned //Chief Secretaries// of the four States copies of the
Report of the Comptroller and Auditor General of India and shall include
the same in its Annual Report.
of Authority - The decisions of the Authority on all matters covered @
under paragraph 9 shall be final and binding on all the party States.
out side jurisdiction of the Authority - Save and except to the extent
otherwise prescribed in the order of the Tribunal, the Planning and construction
of the projects will be carried out by each State Government through its