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1.1

The Narmada Water Disputes Tribunal (NWDT) was constituted in October 1969 by the Government of India, Ministry of Irrigation and Power, to adjudicate upon the water dispute regarding the interstate river Narmada and the river valley thereof.  The final order and decision of the said Tribunal was published in the Official Gazette of India in December, 1979, in which the tribunal has ordered setting up of the “Sardar Sarovar Construction Advisory Committee” to perform the supervisory function over the construction of the Sardar Sarovar Project.  The Tribunal considered that the said Construction Advisory Committee is desirable and necessary for ensuring efficient, economical and timely execution of Unit-I (Dam & Appurtenant works) and Unit-III (Power Complex) of the project.  Accordingly the Sardar Sarovar Construction Advisory Committee (SSCAC) was constituted by the Government of India in September 1980 and the first meeting of SSCAC was held on 5th December 1980 at Vadodara.

1.2

The constitution of the SSCAC originally ordered by the Ministry of Irrigation (Govt. of India) vide its Resolution No. 22/7/80-P-I dated 4th September 1980, was as per the NWDT Award, with the Secretary to Government of India, in charge of Ministry of Irrigation as its Chairman.  Subsequently three amendments have been made in the constitution, two in April 1986 and one in August 1987.  Copy of the original order of Government of India constituting the SSCAC is given as Annex-1A and the copies of subsequent amendments are presented as Annex-IB, IC and ID respectively. The present composition of the SSCAC is as under  :

1.3

As decided by the NWDT in its Award of December 1979, and as resolved by the Government of India in its order of 4th September 1980, the SSCAC shall:

i) Scrutinise the project estimates prepared for Unit-I and Unit-III works, advise necessary modifications and recommend the estimates for the administrative approval of the concerned Government.

ii) Examine and make recommendations on all proposals pertaining to technical features and designs as may be referred to it by any of the party States and where necessary consult experts for the purpose.

iii) Examine and make recommendations on the programme of construction of different parts of the project in a coordinated manner, keeping in view the funds available, the economics of the project and the desirability of obtaining quick results.

iv) Examine the requirement of funds for the construction of works and other purposes according to the approved programme and make the necessary recommendation.

v) Examine and recommend, from time to time, the delegation of such powers, both technical and financial, as it may deem necessary for the efficient execution of the works on the project, to the officers engaged in the execution of the project.

vi) Examine and, where necessary, recommend specifications for various classes of work.

vii) Examine and make recommendations on all sub-estimates and contracts, the cost of which exceeds the powers of sanction of the General Manager/Chief Engineers.

viii) Review progress reports, both for works and expenditure from the General Manager/Chief Engineers and recommend, where necessary, steps to be taken to expedite the work.

1.4

In the Govt. of India resolution constituting the SSCAC, its headquarter was indicated as Gandhinagar.  However, the SSCAC during its first meeting held in December 1980 had fixed Vadodara as its headquarter on the suggestion of Govt. of Maharashtra and in view of the fact that the dam site was near Vadodara and that the Govt. of Gujarat was in a position to provide office and residential accommodation to SSCAC Secretariat at Vadodara.

The SSCAC has a full time Secretary of the rank of Chief Engineer appointed by the Government of India.  The post of Secretary has been encadered in the Central Water Engineering (Group-A) Service of the Ministry of Water Resources since August 1986.   The Secretary is assisted by a Deputy Secretary and three Assistant Secretaries who are also from the Central Water Engineering (Group-A) Service.  The supporting staff is taken on deputation from the party states and other central/state government offices.

1.5

As per the NWDT, the SSCAC itself was to frame the rules for carrying out its business.  Accordingly, the Committee, in its 3rd meeting has approved the rules for the conduct of its business and procedure, which were subsequently amended during its 11th, 14th and 67th meetings. The amended rules are enclosed as Annex – II.

1.6

Constitution of PSC

In order to streamline arrangements for scrutiny and sanctions to be accorded by SSCAC for various matters, concerning Unit–I and Unit–III of the Sardar Sarovar Project, SSCAC during its 9th meeting held on 9th June 1983 decided to create a Permanent Standing Committee (PSC).

The proposal of Terms and Reference for constituting the PSC, headed by the Chairman, Narmada Control Authority and with Member (P&P) of CWC, Financial Advisor to SSP and the Secretary of SSCAC as members, was finalized in the first meeting of PSC held on 9th August 1983 and the proposal was accepted by the SSCAC in its 10th meeting held on 25th August 1983.  In the 26th meeting of SSCAC held on 22nd September 1986, the PSC was reconstituted by including representatives from each of the four party states and the Financial Advisor of Ministry of Water Resources. The constitution of PSC was further amended in the 28th meeting of SSCAC held on 29th June 1987 to provide for the Executive Member, NCA as the Chairman of PSC instead of Chairman NCA as provided earlier.  In the 64th meeting of SSCAC held on 24th August 1998, the Chief Engineer (CMO) of CWC was nominated as member of PSC in place of Member (P&P) of CWC.

The present composition of the PSC is as under:

1.      The Executive Member, Narmada Control Authority (Chairman)

2.      The Member (HE), Central Electricity Authority, Government of India

3.      The Chief Engineer (CMO), Central Water Commission, Government of India

4.      The Financial Advisor, Ministry of Water Resources, Government of India

5.      The Secretary (Narmada), Narmada & Water Resources and Water Supply Department,
         Government of Gujarat

6.      The Director (Finance & Administration), SSNNL, Government of Gujarat

7.      The Member (Engg.), Narmada Valley Development Authority, Government of Madhya Pradesh

8.      The Chief Engineer and Joint Secretary, Irrigation Department, Government of Maharashtra

9.      The Additional Chief Engineer, Irrigation Zone, Government of Rajasthan

10.     The Secretary, SSCAC, Government of India (Member Secretary)

Functions of PSC

As per the proposal approved by SSCAC in its 10th meeting, the functions of Permanent Standing Committee are as under:

i) Scrutiny of all project estimates and getting them modified as considered necessary.

ii) Examination and acceptance on behalf of the SSCAC of estimates beyond the Powers of the General Manager/Chief Engineer upto Rs. 20 crores in each case for recommendation to the concerned Governments for administrative approval, and examination and recommendation of estimates costing more than Rs. 20 crores each to the main committee for acceptance.

iii) Scrutiny of technical features and designs of the project works referred to the SSCAC and sending its recommendations to the referring authority.  In case where the recommendations made by the Standing Committee would cause more than 10% deviation in cost beyond what was earlier approved by the SSCAC, the Standing Committee shall refer the matter to SSCAC for its approval.

iv) Identification of problems to be referred to the Panel of Consultants and / or expert institutions and recommending them to the SSCAC for further necessary action; processing of the Consultants’ suggestions and reporting to the SSCAC the Standing Committee’s recommendations.

v) Review of Construction Programme of Unit I & III and review of the monthly progress on all works of the project and making recommendations to the Construction Authority for such modifications / adjustments in the construction programme as may be required.

vi) Recommendations of appropriation of funds to and between Unit I & III and between one work and another within a unit depending on the review of progress of works, within the overall Annual Outlay approved by the SSCAC.

vii) Examination and recommendations to the concerned Governments on the tenders for the project works beyond the powers of project officers for works upto Rs. 20 crores each.

viii) Examination and recommendations on specifications for project works. ix)                          Examination and recommendations to the SSCAC on tenders for project works costing more than Rs. 20 crores each.

x) Recommendations on creation of posts required under the administrative control of the Secretary of the Sardar Sarovar Construction Advisory Committee and sanction to the relevant recruitment rules.

xi) Such other functions as may be delegated to it by the SSCAC from time to time.

1.5

The Review Committee of NCA constituted as per the NWDT Award also functions as the Review Committee for the SSCAC in case of disagreement on any decision taken by the SSCAC.  The Review Committee may suo-moto or on the application of any party state, reviews any decision of the SSCAC.  The decision of the Review Committee on such matters shall be final and binding on the concerned States.  The Review Committee is chaired by the union Minister for Water Resources; and the Chief Ministers of Gujarat, Madhya Pradesh, Maharashtra and Rajasthan, along with union Ministers of State for Environment and forest, are its members. The Secretary of the Union Ministry of Water Resources is the convener of the Review Committee without any voting rights.