The Official Website of Law Department, Government Secretariat, Kerala

ORDINANCE No. 31 OF 2008

THE PAMPA RIVER BASIN AUTHORITY ORDINANCE, 2008

Promulgated by the Governor of Kerala in the fifty-ninth Year of the Republic of India.

AN
ORDINANCE

to provide for the constitution of an Authority in the State for the management of the activities connected with the conservation of water resources in the Pampa
River and its basins as an integral unit and matters connected therewith or incidental thereto.

                 Preamble.- WHEREAS, the Pampa River is considered as a Holy river in connection with Sabarimala Temple and the pilgrimage to that temple;
                AND WHEREAS, the Government is bound to ensure the quality of water in the river and to take measures to prevent pollution and to undertake integrated planning, monitoring, management and development of water resources in the river with the river basins as an integral unit;
                AND WHEREAS, the State Government have prepared Pampa Action Plan to carry out the different projects to achieve the above objects;
                AND WHEREAS, a statutory body is required as a co-ordinated mechanism for the management and monitoring of the projects undertaken by the different Government Departments and Agencies as part of the Pampa Action Plan and for the continued management and development of the water resources and Pampa River Basins;
                AND WHEREAS, it is expedient to provide for the constitution of an Authority for the management of the activities connected with the conservation of water resources in Pampa River and its basins as an integral unit and for matters connected therewith or incidental thereto;
                AND WHEREAS, the Legislative Assembly of the State of Kerala is not in session and the Governor of Kerala is satisfied that circumstances exist which render it necessary for him to take immediate action;
                NOW, THEREOFRE, in exercise of the powers conferred by clause (1) of Article 213 of the Constitution of India, the Governor of Kerala is pleased to promulgate the following Ordinance:-

CHAPTER I
PRELIMINARY

                1. Short title and commencement. - (1) This Ordinance may be called the Pampa River Basin Authority Ordinance, 2008.
                                   (2) It shall come into force at once.
                2. Definitions.- In this Ordinance, unless the context otherwise requires,-

(a) "Authority" means the Pampa River Basin Authority constituted under section 3;

(b) "Chairperson" means the Chairperson of the Authority;

(d) “fund” means the Pampa River Basin Authority Fund constituted under section 12;

(e) "Government" means the Government of Kerala;

(f) "member" means a member of the Authority;

(g) ‘Member-Secretary” means the Member-Secretary of the Authority;

(h) "notification" means a notification published in the Official Gazette;

(i) “Pampa Action Plan” means the plan prepared by Government of Kerala and approved by Government of India, for the conservation of Pampa River and its basins by abating pollution, through the projects undertaking integrated planning, monitoring, management and development of water resources;

(j) "Pampa River Basin" means the basin area of the Pampa River and its tributaries lying within the territories of the State;

(k) "Project Director" means the Project Director of the Authority;

(l) "prescribed" means prescribed by rules made under this Ordinance;

(m) “regulations” means the regulations made under section 21;
(n) "State" means the State of Kerala.

CHAPTER II
CONSTITUTION, FUNCTIONS AND POWERS OF THE AUTHORITY

3. Constitution of the Authority.-(1)The Government may, by notification in the Gazette, constitute with effect from such date as may be specified therein, an Authority to be called the Pampa River Basin Authority.
(2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Ordinance, to acquire, hold and dispose of property both movable and immovable and to contract and shall by the said name sue and be sued.

4.Composition of the Authority.- (1) The Authority shall consist of the following members, namely:-

(a) Chief Minister, who shall be the Chairman of the Authority;

(b) Minister for Water Resources, who shall be the Vice Chairman of the Authority;

(d) Secretary, Revenue Department;

(e) Secretary, Forest Department;

(f) Secretary, Local Self Government Department;

(g) Secretary, Health Department;

(h) Secretary, Science, Technology and Environment Department;

(i) Secretary, Finance Department;

(j) Secretary, Power Department;

(k) Secretary, Devaswom;

(l)Chairman, Kerala State Pollution Control Board;

(m)President, Travancore Devaswom Board; and

(n) two experts in the field of water sector nominated by the Government.

                                          (2) The Member Secretary shall exercise such powers and perform such functions as may be prescribed.
                                          (3) The Authority may delegate any of its functions to the Member Secretary or the Co-ordination Committee as it may deem fit.
                   5.Term of office and conditions of service of nominated members.—(1) Notwithstanding any thing contained in section 7, the nominated members shall hold office during the pleasure of the Government and their conditions of service shall be such as may be prescribed by rules.
                                          (2) Subject to the provisions of sub-section (1), every nominated member shall, unless their seats become vacant earlier by resignation, death or otherwise, hold office for a period of two years and shall be eligible for re-nomination.
                                          (3) Any nominated member may, at any time, resign his office by a letter addressed to the Chairman of the Authority.
                   6. Disqualification for membership of the Authority.— A person shall be disqualified for being nominated as, and for being, a member—

(a) if he has been convicted and sentenced to imprisonment for an offence which, in the opinion of the Government, involves moral turpitude; or

(b)if he is of unsound mind and is so declared by a competent court; or

(c )if he is an undischarged insolvent; or

(d) if he has been removed or dismissed from the service of the Central Government or the Government of Kerala or a Corporation owned or controlled by the Central Government or the Government of Kerala or from the membership of the Authority; or

(e) if he has directly or indirectly, by himself or by his partner, any share or interest in any work done by the order of the Authority or in any contract or employment with or under or by or on behalf of the Authority.

7. Removal of member.—(1) The Government may remove a nominated member, if he,--

(a)becomes subject to any of the disqualifications specified in section 6; or

(b)refuses to act or becomes incapable of acting; or

(c)without obtaining leave of absence from the Authority, absents from three consecutive meetings of the Authority; or

(d)in the opinion of the Government, has so abused his position as to render his continuance as member detrimental to the interest of the Authority.

(2) No order of removal of a nominated member under sub-section (1) shall be made unless such member has been given an opportunity of making representation against his removal.

8. Powers and Functions of the Authority.- The Authority shall have the following powers and functions, namely:-

(i)to formulate policies and projects for the sustainable development of water resources and river basins of Pampa River and for scientific management to protect ecosystems with its genetic diversity;

(ii) to co-ordinate the activities of different departments and agencies of the projects under the plan for implementation

(iii)to take decisions relating to the matters in the Pampa Action Plan and implement the projects coming under the plan;

(iv)to impose control or restriction over exploitation of natural resources or encroachments having an impact on water resources and River Basins of Pampa;

(v) to receive grants, contributions and funds for the Authority;

(vi) to undertake the project works by the Authority itself in case of failure by the Departments and other agencies;>

(vii) to appoint Committee from among its member for the disposal of any business of the Authority or for tendering advice in any matter pertaining to the functions of the Authority;

(viii) to restrict the disposal of wastes or discharge of any industrial effluent or domestic effluent to the Pampa River in accordance with the provisions of the Water (Prevention and Control of Pollution) Act, 1974 (Central Act 6 of 1974) without proper treatment;

(ix) to bring the contravention of the laws to the notice of the concerned Authority and to monitor the follow up action;

(x) to regulate and restrict any activity which would render pollution in the Pampa River and River Basins; and

(xi) to do such other things which may be directly or indirectly connected with or incidental or conducive to the efficient administration for the protection of water resources and river Basins of Pampa River.

                  9. Office, Officers and Employees of the Authority.- (1) The Government shall appoint a Project Director who shall exercise such powers and perform such duties under the Authority, as may be prescribed.
                   (2) The Authority may, with the previous approval of the Government and subject to such rules as may be prescribed, appoint such number of officers and staff as it deems necessary for the efficient discharge of its functions under this Ordinance.
                   (3) The administrative expenses of the Authority, including the salaries, allowances etc. payable to the officers and employees of the Authority shall be defrayed out of the Consolidated Fund of the State.
                   (4) The Office of the Authority shall be established at such place situated on the Pampa River Basin where most of the project works are concentrated.

10. Meetings.- (1) The Authority shall meet at such times and at such places and observe such procedure in regard to the transaction of business at its meeting, as may be provided by Regulations.

(2) The Member Secretary shall convene the meetings of the
Authority on the advice of the Vice Chairman.

(3) The Chairperson of the Authority shall preside over the meetings of the Authority.

(4) The quorum for the meeting of the Authority shall be one-third of the filled up membership and decisions may be taken in the meetings by simple majority of those present and voting.
11. Constitution of the Co-ordination Committee and its functions.- (1) The Authority may constitute a Committee called the Co-ordination Committee consisting of the following members, namely:-

(i)Secretary, Water Resources, who shall be the Chairman of the Committee;

(ii)Chief Engineer, Project- II, Irrigation Department who shall be the Secretary of the Committee;

(iii)Secretary, Kerala State Pollution Control Board;

(iv)Managing Director, Kerala Water Authority;

(v)Chief Conservator of Forests;

(vi)Director, Science, Technology and Environment Department;

(vii)Chairman, Kerala State Electricity Board;

(viii)Chief Engineer (Irrigation and Administration), Irrigation Department;

(ix)Director, Centre for Water Resources Development and Management ; and

(x)one expert in the field of water sector nominated by the Government.

(2) Subject to the general supervision and control of the Authority, the management of the affairs of the Authority shall vest in the Co-ordination Committee, which shall assist the Authority, as the Authority may require.
(3) The Authority, shall have the power to nominate such number of non governmental organisations, technical experts and representatives of Local Self Governments to the Co-ordination Committee as it deems necessary for carrying out the functions of the Authority. The number of such representatives shall not exceed five at a time.

(4) The Co-ordination Committee shall co-ordinate the activities of the implementing agencies such as Water Resource Department, Kerala Water Authority, Devaswom Boards, Local-self Government and other local bodies and other agencies and initiate the works to be undertaken and facilitate timely release of fund.

CHAPTER III

FINANCE, ACCOUNTS AND AUDIT OF THE AUTHORITY

12. Fund of the Authority.-(1) The Authority shall have its own fund and all receipts of the Authority shall be carried thereto and all payments by Authority shall be made therefrom.
(2) The fund of the Authority shall consist of,-

(a)any sums of money paid of any grants made by the State Government for the purpose of the Ordinance, by due appropriation;

(b) such portion of the fund, collected by the Revenue Authorities through, sand mining in Pampa River under the provisions of the Kerala Protection of the River Banks and Regulation of Removal of Sand Act, 2001(Act No.18 of 2001) that may be transferred to the Authority by due appropriation;

(c)any grant or donation that may be made to the Authority by any other person or institution including Central Government;

(d)loans and financial assistance to the Authority for the purposes of this Ordinance on such terms and condition, as the Government may determine; and

                   13. Application of Fund. —The Fund of the Authority and all property held or vested in the Authority shall be applied for the administration of the Ordinance.

                   14. Budget. - The Authority shall prepare in such form and at such time every year as may be prescribed its Budget for the next financial year showing the estimated receipt and expenditure.

                   15. Annual Report.- (1) The Authority shall prepare its annual report giving full details of its activities during the previous financial year and submit a copy to the Government, in such form as may be prescribed.

                                                     (2) The Government shall, as soon as may be, after the receipt of a report under sub-section (1) cause the same to be laid before the Legislative Assembly.
                   16. Accounts and Audit.- (1) The Accounts of the Authority shall be
maintained and audited in such manner as may be prescribed.
                                                     (2) The Authority shall furnish to the Government before such date as may be prescribed, the audited copy of accounts together with the auditors report thereon.

CHAPTER IV

MISCELLANEOUS

17. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall lie against the Authority or any member of the Authority for any thing which is done or intended to be done in good faith in pursuance of the provisions of this Ordinance or any rule made thereunder.

                   18. Bar of Jurisdiction of civil court.-No civilcourt shall have jurisdiction to settle, decide or deal with any question or to determine any matter which is by or under this Ordinance required to be settled, decided or dealt with or to be determined by the Government or Authority or any officer authorised by the Government or Authority.

                   19. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this Ordinance, the Government may, by order, do anything not inconsistent with this Ordinance or the rules made thereunder, which appears to them necessary for the purpose of removing the difficulty:

                   Provided that no order shall be made under this section after the lapse of two years from the date of commencement of this Ordinance.

                   (2) Every order made under sub-section(1) shall be laid before the Legislative Assembly.

                   20. Members and   employees   of   the Authority to be public servants.—All members and employees of the Authority shall, while acting or purporting to act in pursuance of any of the provisions of this Ordinance or the rules or regulations made thereunder, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860).

                   21.Power to make regulations.- The Authority may, with the previous approval of the Government, make regulations in respect of the matters provided in sub-section (1) of section 10, and particularly of the procedure to be followed by the Authority and the co-ordination committee for the meetings and disposal of the matters coming up before the Authority or the co-ordination committee, as the case may be.

                   22. Power to make Rules.-(1) The Government may, by notification in the Gazette, make rules to carry out all or any of the purposes of this Ordinance. In particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely:-

(i) the powers and functions of the Member Secretary;

(ii) the condition of service of nominated members of the Authority;

(iii) the powers and duties of Project Director;

(iv) the appointment of the staff of the authority and their conditions of service;

(v) the form of annual report;

(vi) the manner of audit of the accounts of the Authority; and

(vii) any other matter which is required to be, or may be prescribed.

(2) Every rule made under this Ordinance shall be laid, as soon as may be, after it is made, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions and if before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification, in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

23. Application of other laws not barred. -- The provisions of this Ordinance shall be in addition to and not in derogation of the provisions of any other laws for the time being in force.

GOVERNOR.