78. Water Resources Development and its Management
(1) Notwithstanding anything contained in this Act but subject to the provisions
of section 79, all rights and liabilities of the existing State of Bihar in relation to
water resource projects in relation to,-
(i) Ganga and its tributaries; and
(ii) Sone and its tributaries,
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
Government, 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.
28 The Bihar Reorganisation Act, 2000
(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 subsection 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) shall
include,-
(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 apF°inted day by the Government of the existing State of Bihar with any
person or authority other than Government.
79. Constitution and functions of Management Board
(1) The Central Government shall constitute a Board to be called the Ganga
and Sone Management Board (hereinafter referred to as the Board) for
administration, construction, maintenance and operation of projects referred to in
sub-section (1) of section 78 for any or for a combination of following purposes,
namely:-
(i) Irrigation; ;':~; ;(~,r",
(ii) Rural and Urban Water Supply; ,!'-(,'g9.J';'
(ill) Hydro Power generation;
(iv) Navigation;
(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 and two whole time members to be appointed
by the Central Government;
(b) a representative each of the Government of the States of Uttar Pradesh,
Bihar, Jharkhand and Madhya Pradesh to be nominated by the respective Governments; .
(c) 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 subsection (1) of section 78 to States of Uttar Pradesh, Bihar, Jharkhand
and Madhya Pradesh having regard to-
The Bihar Reorganisation Act, 2000 29
(i) any agreement entered into or arrangement made covering the
Governments of existing State of Bihar and the States of Uttar
Pradesh, Bihar, Jharkhand and Madhya Pradesh, and
(ii) the agreement or the order referred to in sub-section (2) of
section 78;
(b) the regulation of supply of power generated at the projects referred to
in sub-section (1) of section 78, to any Electricity Board or other
authority incharge of the distribution of power having regard to-
(i) any agreement entered into or arrangement made covering the
Governments of existing State of Bihar and the States of Uttar
Pradesh, Bihar, Jharkhand and Madhya Pradesh, and
(ii) the agreement or the order referred to in sub-section (2) of
section 78;
(c) the examination of the requirement of funds for various projects in
terms of the programme laid down for such projects and to advise the
apportionment of the expenditure to the participating States keeping
in view the agreement on the sharing of costs;
(d) to decide the withdrawal of water from the reservoirs during the
construction period for irrigation and power purposes with a view to
securing better use of available water;
(e) the responsibility of devising programme of resettlement for persons
displaced as a result of Irrigation Projects;
(f) construction of such of the remaining or new works connected with
the development of the water resource project relating to the rivers or
their tributaries as the Central Government may specify by notification
in the Official Gazette; and
(g) such other functions as the Central Government may after consultation
with the Governments of the States of Uttar Pradesh, Bihar, Jharkhand
and Madhya Pradesh entrust to it.
80. 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: .
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 sub-section (1) of section 78 shall
continue to be so employed under the Board in connection with the said works on
the same terms and conditions of the service as were applicable to him before such
constitution until the Central Government by order, directs otherwise:
Provided further that the said Board may at any time in consultation with the
State Governments or the Electricity Board concerned and with prior approval of
30 The Bihar Reorganisation Act, 2000
the Central Government retain any such person for service under that State
Government or Board.
(2) The Government of the States of Uttar Pradesh, Bihar, Jharkhand and
Madhya Pradesh 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 apportioned among 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, with the approval of the Central Government 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 directions.
81. Jurisdiction of the Board
(1) The Board shall, ordinarily exercise jurisdiction in regard to any of the
projects referred to in sub-section (1) of section 78 over headwork (barrages, dams,
reservoir, regulating construction), part of canal 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 subsection (1) over any project referred thereto; the same shall be referred to the
Central Government for decision thereon.
82. Power to make regulations
The Board may, with the prior approval of the Central Government by
notification in the Official Gazette, make regulations consistent with this Act and
orders 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 to 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; and
(d) any other matter for which regulations are considered necessary by
the Board.