Constitution of Tungabhadra Board

Tungabhadra Board was constituted by the President of India on the 1st October, 1953 under sub-section 12:17 AM 10/21/99(4) Section 66 of Andhra State Act vide Notification No. DWII-22 (129) dated 29-9-1953 of the then Ministry of Irrigation and Power. The Tungabhadra Board consisted of Chairman appointed by Government of India and six Members. The Members were Chief Engineers of both Irrigation and Power Departments of Governments of  Andhra, Mysore and Hyderabad States. Chairman of Central Water and Power Commission was appointed the Chairman of the Board, in addition to his normal duties.

The Board was reconstituted with effect from 15th march 1955  vide Notification No. DW VI(4)(9) dated 10-3-1955 of the then Ministry of Irrigation and Power – notification as below The reconstituted Board consisted of Chairman nominated by Government of India and four Members representing Government of India, Andhra, Mysore and Hyderabad. Later, with the reorganisation of the States in 1956, the Hyderabad representative dropped out. The Board now consists of Chairman nominated by Government of India and three Members representing Government of India, Government of Andhra Pradesh and Government of Karnataka.

ANNEX 1.1

CONSTITUTION OF TUNGABHADRA BOARD
NOTIFICATION NO.DW VI 4(9) DATED 10-3-1955

 

In pursuance of Sub-Section (4) of Section 66 of the Andhra State Act (30 of 1953) and in supersession of the Notification of the Government of India in the Ministry of Irrigation and Power dated 29th September 1953, the President hereby gives the following directions in regard to the Tungabhadra Board namely:

1.  There shall be established with effect from the 15th March 1955, a Board by the name of theTungabhadra  Board consisting of:

 

Chairman:  Nominated by the Government of India.
xx                 xx            xx
Members:   Representative of Government of Andhra Pradesh 
  1.          xx                 xx             xx
Representative of Government of Karnataka
2.          xx                xx              xx
Representative of Government of India
3.          xx                 xx             xx

 

2.  The Chairman, if present, shall preside over a meeting of the Board, but if the Chairman is absent from any meeting of the Board, the Members shall choose one of their Members to preside.

 

3.  All matters relating to the project works of common interest to the States of Andhra Pradesh and Karnataka, brought before any meeting of the Board shall be decided by a majority of the Members of the Board present and voting at the meeting before which such matters are brought and the decision of the Board shall be final.

Provided that where with reference to any matter brought before the Board, the Chairman is satisfied that there is a difference of opinion among the Members on any question of policy or the rights of the States concerned involved in the consideration of such matter, the Chairman shall refer the matter to the Central Government whose decision thereon shall be final.

 

Explanation I.  If any Member raises at any meeting of the Board any points as to whether a question is question of policy or whether any rights of the States concerned are involved in the consideration of a matter before the Board a decision on the points so raised shall be given by the Chairman.

 

Explanation II.   i. Where any Member dissents from any decision so given by the Chairman it shall be lawful for the State Government whose representative that Member is to represent to the Government of India through the Chairman and where this is so done, the Chairman shall refer the matter to the Central Government whose decision thereon shall be final.
   ii. Subject to the provisions of sub-paragraph (i) the Board may make rules for the conduct of its own business.
  iii.  

No act or proceedings of the Board shall be invalid merely on the ground of the existence of any vacancy in, or absence of any member of, the Board.

 

4.      i. The Board shall take charge of, and deal with, all matters relating to works on or connected with, the Tungabhadra Project which are common to both the States of Andhra Pradesh and Karnataka but nothing in this sub paragraph shall be deemed to authorise the Board to deal with any matter in respect of works which relate to only one of the States or in which only one State is interested.
    ii.  

In particular and without prejudice to the generality of the foregoing powers, the functions of Board shall include:

 

the completion of the construction of the sanctioned Tungabhadra Project;
b the regulation of supplies of water and power in accordance with such rules as may be made in this behalf by the Board;
the maintenance of the main canal and of other works common to both the States of Andhra Pradesh and Karnataka.
d the maintenance of the dam and reservoir of the project;
e the granting of leases of fisheries in the Reservoir and in the main canal;
f the proper utilisation of land acquired for the purposes of the project and
g any other function incidental to or connected with the functions specified in  clauses (a) to (f).

 

5.   i. For the efficient performance of its functions, the Board may appoint a whole time Secretary and such other officers and servants as it considers necessary.
   ii. During any absence on leave of the Secretary, the Board shall appoint a person to act Secretary and every person so appointed shall exercise the powers conferred and perform the duties imposed on the Secretary by or under this Notification.
   iii. All orders and decisions of the Board shall be authenticated by the signature of the Secretary of the Board.

 

6. i. The Governments of Andhra Pradesh and Karnataka shall provide at all times the necessary funds for the construction and maintenance of the Tungabhadra Project;

Provided that the liability for the expenditure on the Tungabhadra Project shall be apportioned between the States of Andhra Pradesh and Karnataka in such proportion as may be agreed upon between the two State Governments and in the absence of any such agreement, in such proportion as may be fixed in this behalf by the Central Government.

ii. The Governments of Andhra Pradesh and Karnataka shall continue to give the same facilities to the Audit Officer of the Project and other officers engaged in connection with the Project for the payment of moneys into, and withdrawal of the money (s) from the Treasuries and Sub-treasuries located in their respective territories as were enjoyed by such officers immediately before the commencement of the Notification.
7. The Board shall in relation to the technical sanction, administrative approval, and other sanctions required for the construction and maintenance of Tungabhadra Project, and in relation to any other administrative matters concerning the Project exercise the powers of a State Government under the various codes, manuals, Rules and Regulations specified in the Schedule annexed hereto, as in force in the State of Madras immediately before the 1st day of October, 1953, and may adopt such of the amendments made thereto, or executive instructions, orders and directions issued thereunder, by the Government of Andhra Pradesh from time to time, which the Board considers necessary.

Provided that in relation to administrative matters concerning the Government servants of States other than Andhra Pradesh employed by the Board in connection with the project, the corresponding codes, manuals, Rules and Regulations as in force in the State concerned and any amendments made thereto or any executive instructions orders and directions issued thereunder by the Government of the said State from time to time shall apply.

8.  All contracts to be made in connection with the Tungabhadra Project shall be expressed to be made jointly by and in the names of the Governments of Andhra Pradesh and Karnataka and such contract shall be executed on behalf of the said Governments by the Secretary of the Board or such other officer as may be authorised by the Board in this behalf but neither the Secretary, nor the authorised officer shall be personally liable in respect of anything under such contracts.
9. i. The staff which immediately before the commencement of this notification was engaged in the construction and maintenance of the Tungabhadra Project shall, after such commencement continue to be so employed by the Board in connection with the said Project but the Government of Andhra Pradesh and Karnataka may, if they so think fit, replace any members of the existing staff by other persons in such manner and in such proportion as may be agreed upon between the said State Governments and in the absence of any such agreement as may be determined in this behalf by the Board.

Provided that all correspondence between the State Governments with respect to such agreements shall be carried on through the Chairman.

ii. The staff for the time being employed in connection with the Project shall be deemed to be employed under the administrative control of the Board.
10. Plant, machinery, equipment and stores purchased for and in connection with the Tungabhadra Project shall be under the control of the Board and shall be used on the entire Project under the directions of the Board.
11.  The Government of Andhra Pradesh and Karnataka may depute such persons as they may nominate or designate either generally or especially to inspect the works on or connected with the Tungabhadra Project which are common to both the States of Andhra Pradesh and Karnataka.

SCHEDULE
SEE PARAGRAPH 7

1.  Madras Public Works Account Code with Appendics
2. Madras Public Works Department Code
3. Madras Detailed Standard Specifications
4. Madras Account Code
5. Madras Electricity Manual
6. Madras Financial Code
7. Madras Treasury Code
8. Madras Budget Manual
9. Fundamental Rules and Subsidiary Rules of the Madras Government
10. Madras Manual of special Pay and Allowances
11. Madras Pension Code
12. General Provident Fund (Madras)Rules
13. Contributary Provident Fund (Madras) Rules
14. Madras Contributary Provident Fund Pension Insurance Rules, 1950
15. Madras Security Rules, 1937
16. Madras Services Manual
17. Madras Commercial Taxes Manual, Volume I to III
18. Madras Printing Manual
19. Madras Stationery Manual