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 in 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 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.
(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.
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(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 appointed day by
the Government of the existing State of Uttar Pradesh with any person or authority other than
Government.
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 administration, construction, maintenance and operation of projects referred to in sub-section (1) of
section 79 for any or for a combination of the following purposes, namely:—
(i) irrigation;
(ii) rural and urban water supply;
(iii) 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 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;
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(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.—(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
appointed on deputation from the successor State failing which through any other method:
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 continue 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 or 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 apportioned 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 directions.
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 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 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.—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.—(1) The utilisable water resources of
the Yamuna River up to Okhla, as allocated, before the appointed day, to the existing State of Uttar
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Pradesh under the Memorandum of Undertakings, dated the 12th 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
within 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).