LexThe Pampa River Basin Authority Act ,33 of 2009
Kerala · state statute
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Government of Kerala
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2009
KERALA GAZETTE
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ACT NO.33OF 2009
THE PAMPA RIVER BASIN AUTHORITY ACT, 2009
An Act to provide for the constitution of an Authority in the State for 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 consider ed 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 and effective mechanism for
the management of the projects undertaken by the various Government Departments and
Agencies as part of the Pampa Action Plan and for their monitoring and for the conservation and
development of the water resources and the Pampa River Basins;
AND WHEREAS, it is expedient to provide for the constitution of an Authority in the State for
the conservation of water resources in Pampa River and its basins as an integral unit and for the
management of allied activities and matters connected therewith or incidental thereto;
BE it enacted in the Sixtieth Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. Short title and commencement. –
(1) This Act may be called the Pampa River Basin Authority Act, 2009.
(2) It shall be deemed to have come into force on the 2nd day of August 2008.
2. Definitions.- In this Act, 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;
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(c) “Executive Committee” means the committee constituted under section 11;
(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 of the Government of Kerala for the
conservation of Pampa River and its reservoi rs by averting pollution, through the projects
undertaking integrated planning, monitoring, management and development of water sources;
(j) "Pampa River Basin" means the reservoir areas of the Pampa River, its two banks
and its tributaries;
(k) "Project Director" means the Project Director of the Authority;
(l) "prescribed" means prescribed by rules made under this Act;
(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 th e 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 corporat e by the name aforesaid, having perpetual
succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold
and dispose of property both movable and immovabl e 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;
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(b) Minister for Water Resources, who shall be the Vice Chairman of the Authority;
(c) Secretary, Water Resources, who shall be the Member-Secretary 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 having dexterity in the water-environment sector nominated by the
Government;
(o) two members of the House of the People, nominated by Government representing the
constituencies of the area through which the Pampa River passes;
(p) two members of the Legislative Assembly, nominated by Government, representing
the legislative constituencies of the area through which the Pampa River passes;
(q) Presidents of the District Panchayats of Alappuzha, Pathanamthitta Districts; and
(r) two Presidents each nominated by Governme nt from two Block Panchayats and two
Village Panchayats of the area through which the Pampa River passes;
(2) The Member Secretary shall exercise such powers and perform such functions as may
be prescribed.
(3) The Authority may delegate any of its func tions to the Member Secretary or to the
Executive Committee as it may deem fit.
5.Term of office and conditions of service of nominated members.
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(1) Notwithstanding anything contained in s ection 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.
(2) Subject to the provisions of sub-secti on (1), every nominated member shall, unless
their seats become vacant earlier by resignation, d eath or otherwise, hold office for a period of
two years and shall be eligible for re-nomination.
(3) If a casual vacancy arises in the office of anyone who comes under clauses (o), (p),
(q) and (r ) of sub-section (1) of section 4, unde r which clause the vacancy of nominated place
occurs, a person who comes under that clause may be nominated to that place by the
Government and such nominated person shall continue to hold office only for the remaining term
of office of that nominated person in whose place he was nominated and he would have continue
to hold office as member unless that vacancy had not occurred.
(3) Any nominated member may, at any tim e, resign his office by a resignation 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 or offence in
respect of environment 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 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 himsel f 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 fr om the Authority, absents from three
consecutive meetings of the Authority; or
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(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 me mber 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 enabli ng the sustainable development of water sources,
reservoirs and water resources of the Pamp a River and the scientific management for
protecting the ecosystem containing various sp ecies and the environment 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
which may have impact on water resources and reservoirs of the Pampa River;
(v) to receive grants, contributions and funds for the Authority;
(vi) to undertake the project works by the Author ity itself in case of failure by the Departments
and other agencies;
(vii) to appoint Committee from among its memb ers 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 control the disposal of wastes or discharge of any industrial effluent or domestic effluent
to the Pampa River in accordance with the provisi ons of the Water (Preve ntion 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 Authority concerned and to
monitor the follow up action;
(x) to control and take steps including the prohibition in accordance with the existing laws on
any activity which may cause pollution to the Pampa River and the 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 pr otection of water sources and river Basins of
the Pampa River; and
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(xii) to implement appropriate campaigns and awareness programmes for conserving and making
the Holy River Pampa pollution free.
9. Office, Officers and Employees of the Authority.-
(1) The Government shall appoint a Project Di rector who shall exercise such powers and
discharge such duties under the Authority, as may be prescribed.
(2) The Authority may, with the prior approva l of the Government and subject to such
rules as may be prescribed, appoint such number of officers and employees as it deems necessary
for the efficient discharge of its duties under this Act.
(3) The administrative expenses of the Author ity, including the salaries, allowances etc.
payable to the officers and employees of the Authority shall be met as provided under sub -
section (1) of section 12.
(4) The Office of the Authority shall be es tablished at such place on the Pampa River
Basin where most of the project works are centered.
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 and
in the absence of the Chairman, the Vice-Chairman shall preside over the meetings.
(4) The quorum for the meeting of the Aut hority shall be one-third of the existing
members and the decisions may be taken by simple majority of those present and vote in the
meeting.
(5) The Authority shall meet at least once in three months.
11. Constitution of the Executive Committee and its functions.-
(1) The Authority may constitute a Committee called the Executive Committee consisting
of the following members, namely:-
(i)Secretary, Water Resources Department, who shall be the Chairman of the Committee;
(ii) Chief Engineer, Project- II, Irrigation Depa rtment who shall be the Secretary of the
Committee;
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(iii)Secretary, Kerala State Pollution Control Board;
(iv)Managing Director, Kerala Water Authority;
(v)Chief Conservator of Forests;
(vi)Chief Wildlife Warden;
(vii)Director, Science, Technology and Environment Department;
(viii)Chairman, Kerala State Electricity Board;
(ix)Chief Engineer (Irrigation and Administration), Irrigation Department;
(x)Director, Centre for Water Resources Development and Management; and
(x) One expert having dexterity in the water-environment sector nominated by the
Government.
(2) Subject to the general supervision and c ontrol of the Authority, the management of
the affairs of the Authority shall vest in the Executive Committee, which shall assist the
Authority, as the Authority may require.
(3) The Authority, shall have the power to invite such number of non - Governmental
organisations, technical experts and representatives of Local Self Government and environmental
activists to the Executive Committee if it deems n ecessary for carrying out the functions of the
Authority. The number of such representatives shall not exceed five at a time.
(4) The Executive Committee shall co-ord inate the working of the implementing
agencies such as Water Resources Department, Kerala Water Authority, Travancore Devaswom
Board, Local-self Government and other Local Ins titutions and other Agencies and initiate the
construction 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 a nd all receipts of the Authority shall be
credited thereto and all payments by the Authority shall be made therefrom. The administrative
expenses of the Authority including the salaries, allowances etc. of the officers and employees of
the Authority shall be met from this Fund.
(2) The fund of the Authority shall consist of,-
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(a)any amount or grants given by the State Government for the purpose of the Act;
(b)an amount not less than fifty per cent of the amount collected per year, by the
Revenue Authorities through sand mining in Pamp a River under the provisions of the Kerala
Protection of the River Banks and Regulation of Removal of Sand Act, 2001(18 of 2001), which
is got transferred to the Authority;
(c) financial assistance to the Authority receive d from the Centre - State Government or
other State Governments or Institutions or well wishers; and
(d)loans and financial assistance to the Aut hority for the purposes of this Act on such
terms and conditions, as the Government may determine.
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 Act.
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 re port 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) shall lay the same 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 auditor's 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 Act or any rule made
thereunder.
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18. Bar of Jurisdiction of civil court . -No civil court shall have jurisdiction to settle, decide or
deal with any question or to determine any matte r which is by or under this Act required to be
settled, decided or dealt with or to be dete rmined 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 Act, the Government
may, by order, do anything not inconsistent with th is Act 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 two years from the date of
commencement of this Act.
(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 Act or the rules or regula tions 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 Executive Committee,
as the case may be, for the meetings and disposal of the matters coming up before the Authority
or the Executive Committee.
22. Power to make Rules.-
(1) The Government may, by notification in th e Gazette, make rules to carry out all or
any of the purposes of this Act. 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 employees of the Authority and their conditions of service;
(v) the form of annual report;
(vi) the manner in which accounts of the Authority is to be audited; and
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(vii) any other matter which is required to be or may be prescribed.
(2) Every rule made under this Act 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 successi ve 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 th at 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 Act shall be in addition to and
not in derogation of the provisions of any other laws for the time being in force.
24. Repeal and Saving.-
(1) The Pampa River Basin Authority Ordinance 2009 (19 of 2009) is hereby repealed.
(2) Notwithstanding such repeal, anything done or deemed to have been done or any
action taken or deemed to have been taken under the said Ordinance shall be deemed to have
been done or taken under this Act.