River Ganga (Rejuvenation, Protection and
Management) Authorities Order, 2016
[7th
October, 2016]
[1][THE MINISTRY OF JAL
SHAKTI]
Whereas it is necessary to
constitute authorities at Central, State and District levels to take measures
for prevention, control and abatement of environmental pollution in River Ganga
and to ensure continuous adequate flow of water so as to rejuvenate the River
Ganga to its natural and pristine condition and for matters connected therewith
or incidental thereto;
And whereas the River Ganga
is of unique importance ascribed to reasons that are geographical, historical,
socio-cultural and economic giving it the status of a National River;
And whereas the River Ganga
has been facing serious threat due to discharge of increasing quantities of
sewage, trade effluents and other pollutants on account of rapid urbanisation
and industrialisation;
And whereas, the demand for
water of River Ganga is growing for irrigation, drinking water supplies,
industrial use and hydro-power due to increase in population, urbanisation,
industrialisation, infrastructural development and taking into account the need
to meet competing demands;
And whereas there is an
urgent need—
(a) to ensure effective
abatement of pollution and rejuvenation of the River Ganga by adopting a river
basin approach to promote inter-State and inter-sectoral co-ordination for
comprehensive planning and management;
(b) to maintain ecological
flows in the River Ganga with the aim of ensuring continuous flows throughout
its length so as to restore its ecological integrity that enables it to self
rejuvenate;
(c) for imposing restrictions
in areas abutting the River Ganga in which industries, operations or processes,
or class of industries, operations or processes shall not be carried out or
shall be carried out subject to certain safeguards;
(d) to make provision for
inspection of any premises, plants, equipment, machineries, manufacturing or
other processes, materials or substances and giving direction to the
authorities, officers and persons as may be necessary to take steps, for
prevention, control and abatement of environmental pollution in the River
Ganga;
(e) for carrying out and
sponsoring investigations and research relating to problems of environmental
pollution in the River Ganga and examination of such manufacturing processes,
material and substance as are likely to cause environmental pollution;
(f) for collection and
dissemination of information in respect of matters relating to environmental
pollution in the River Ganga and preparation of manual, codes or guide relating
to the prevention, control and abatement of environmental pollution;
And whereas the State Governments
concerned, being equally responsible for Ganga rejuvenation, are required to
coordinate and implement the river conservation activities at the State level,
and to take steps for comprehensive management of the River Ganga in their
States;
And whereas it is required
to have planning, financing, monitoring and coordinating authorities for
strengthening the collective efforts of the Central Government and the State
Governments and authorities under this Order for effective abatement of
pollution and rejuvenation, protection and management of the River Ganga;
Now, therefore, in exercise
of the powers conferred by sub-section (1), read with clauses (i), (ii), (v),
(vi), (vii), (viii), (ix), (x), (xii) and (xiii) of sub-section (2) and (3) of
section 3 and sections 4, 5, 9, 10, 11, 19, 20 and 23 of the Environment
(Protection) Act, 1986 (29 of 1986) (hereinafter referred to as the Act) and in
supersession of the notifications of the Government of India in the erstwhile
Ministry of Environment and Forests numbers S.O. 1111(E), dated the 30th September,
2009, S.O. 2493(E), dated the 30th September, 2009, S.O.
2494(E), dated the 30th September 2009, S.O. 2495(E), dated the
30th September 2009, S.O. 287(E) dated the 8th February,
2010 and in the [2][erstwhile
Ministry of Water Resource], River Development and Ganga Rejuvenation No. S.O.
2539(E), dated the 29th September 2014, except as respects
things done or omitted to be done before such supersession, the Central
Government hereby
(i) constitutes the authorities
by the names mentioned in this Order for the purpose of exercising and
performing such of the powers and functions (including the power to issue
directions under section 5 of the Act and for taking measures with respect to
the matters as mentioned in this Order;
(ii) directs, subject to the
supervision and control of the Central Government and the provisions of this
Order, such authority or authorities as specified in this Order that shall
exercise the powers or perform the functions or take the measures so mentioned
in this Order as if such authorities had been empowered by the Act to exercise
those powers, perform those functions, or take such measures;
(iii) directs that all its powers
and functions (except the power to constitute any authority under sub-section (3)
of section 3 and to make rules under the sections 6 and 25 of the Act) under
any provision of the Act shall, in relation to River Ganga and matters
connected therewith, be exercisable and discharged also by the authorities
constituted by this Order and by the officers specified in this Order, subject
to such conditions and limitations and to the extent as specified in this
Order.
Order - 1. Short title and commencement.
(1) This Order may be called
the River Ganga (Rejuvenation, Protection and Management) Authorities
Order, 2016.
(2) It shall come into force on
the date of its publication in the Official Gazette.
Order - 2. Applicability.
This Order shall apply to
the States comprising River Ganga Basin, namely, Himanchal Pradesh,
Uttarakhand, Uttar Pradesh, Madhya Pradesh, Chhattisgarh, Bihar, Jharkhand,
Haryana, Rajasthan, West Bengal and the National Capital Territory of Delhi and
such other States, having major tributaries of the River Ganga as the National
Council for Rejuvenation, Protection and Management of River Ganga may decide
for the purpose of effective abatement of pollution and rejuvenation,
protection and management of the River Ganga.
Order - 3. Definitions.
(1) In this Order, unless the
context otherwise requires,—
(a) “Act” means the Environment
(Protection) Act, 1986 (29 of 1986);
(b) “Basin” means the entire
catchment of a water body or water course including the soil, water, vegetation
and other natural resources in the area and includes land, water, vegetation
and other natural resources on a catchment basis;
(c) “Buffer Area” means an area
which extends beyond the flood plain of a stream;
(d) “catchment” or ““catchment
area “includes the entire land area whose runoff from rain, snow or ice drains
into a water body or a water course, before the water course joins River Ganga
or its tributaries or discharges water into River Ganga or its tributaries;
(e) “commercial fishing” means
large scale fishing for commercial purposes by nets, poisoning, or other modern
fishing gear or methods in River Ganga or its tributaries;
(f) Competent authority means
“Central Government”
(g) “deforestation” means
removal or reduction of forest cover, especially when caused by anthropogenic
activities or removal of trees and other vegetation of a forest excluding a
planned clearance for scientific management of forest in particular in the catchment
area of River Ganga;
(h) “degraded forest” means a
forest having loss or reduction of native forest cover or vegetation density in
the catchment area abutting River Ganga or its tributaries;
(i) “direction” shall mean
direction issued under section 5 of the Act and the expression “direct” shall
be construed accordingly;
(j) “District Ganga Committee”
means the District Ganga Protection Committee mentioned in paragraph 53;
(k) “engineered diversion”
means a structure or device constructed or installed to transfer the water of
River Ganga or its tributaries into canals or other engineering structures;
(l) “flood plain” means such
area of River Ganga or its tributaries which comes under water on either side
of it due to floods corresponding to its greatest flow or with a flood of
frequency once in hundred years;
(m) “Ghat” means sloping part
at Bank of River Ganga or its tributaries with artificially constructed steps
or sloping piece of land used for providing easy human access to water of River
Ganga or its tributaries and includes usage of such parts for religious or
other related purposes;
(n) “local authority” includes
Panchayati raj institutions, municipalities, a district board, cantonment
board, town planning authority or Zila Parishad or any other body or authority,
by whatever name called, for the time being invested by law, for rendering
essential services or with the control and management of civic services, within
a specified local area;
(o) “National Mission for Clean
Ganga” means the authority mentioned in paragraph 31.
(p) “notification” means a
notification published in the Official Gazette and the expression ‘notifying’
shall be construed accordingly;
(q) “offensive matter” consists
of solid waste which includes animal carcasses, kitchen or stable refuse, dung,
dirt, putrid or putrefying substances and filth of any kind which is not
included in the sewage;
(r) “person” include—
(i) an individual or group or
association of individuals whether incorporated or not;
(ii) a company established under
the Companies Act, 2013 (18 of 2013);
(iii) any corporation established
by or under any Central or State Act;
(iv) a local authority;
(v) every juridical person not
falling within any of the preceding sub-clauses;
(s) “River Bed” means the dried
portion of the area of River Ganga or its tributaries and includes the place
where the River Ganga or its tributaries run its course when it fills with
water and includes the land by the side of River Ganga or its tributaries which
retains the water in its natural channel, when there is the greatest flow of
water;
(t) “River Bed Farming”
includes seasonal agriculture or farming on the River Bed of River Ganga or its
tributaries during low flows of water;
(u) “River Ganga” means the
entire length of six head-streams in the State of Uttarakhand namely, Rivers
Alakananda, Dhauli Ganga, Nandakini, Pinder, Mandakini and Bhagirathi starting
from their originating glaciers up to their respective confluences at Vishnu
Prayag, Nand Prayag, Karn Prayag, Rudra Prayag, and Dev Prayag as also the main
stem of the river thereafter up to Ganga Sagar including Prayag Raj and
includes all its tributaries;
(v) “rubbish” means ashes,
broken brick, mortar, broken glass, dust or refuse of any kind and includes
filth;
(w) “sand mining” means large
scale removal of river sand from the dried channel belt, flood plain or a part
of River Ganga or its tributaries;
(x) “sewage effluent” means
effluent from any sewerage system or sewage disposal works and includes sewage
from open drains;
(y) “sewerage scheme” means any
scheme which a local authority may introduce for removal of sewage by flushing
with water through underground closed sewers;
(z) “Schedule” means Schedule
appended to this Order;
(za)
“specified District” means an area of
every District abutting the River Ganga, being within a radius of fifteen
kilometers of the Ganga River Bank or its tributaries in the States of Himachal
Pradesh, Uttarakhand, Uttar Pradesh, Madhya Pradesh, Chhattisgarh, Bihar,
Jharkhand, Haryana, Rajasthan, West Bengal and the National Capital Territory
of Delhi and such other States, having major tributaries of the River Ganga as
referred to in this Order;
(zb)
“State Ganga Committee” means the State
Ganga Rejuvenation, Protection and Management Committee constituted under this
Order for each of the States mentioned in paragraph 2.
(zc)
State Ganga River Conservation Authority
means an authority earlier constituted in each State under the Act as follows,
namely:—
(i) the Bihar State Ganga River
Conservation Authority constituted by the notification of the Government of
India in the Ministry of Environment and Forests number S.O. 287(E), dated 8th February
2010;
(ii) the Jharkhand State Ganga
River Conservation Authority constituted by the notification of the Government
of India in the Ministry of Environment and Forests number S.O. 2495(E), dated
30th September 2009;
(iii) the Uttarakhand State Ganga
River Conservation Authority constituted by the notification of the Government
of India in the Ministry of Environment and Forests number S.O. 1111(E), dated
30th September 2009;
(iv) the Uttar Pradesh State
Ganga River Conservation Authority constituted by the notification of the
Government of India in the Ministry of Environment and Forests number S.O.
2493(E), dated 30th September 2009; and
(v) the West Bengal State Ganga
River Conservation Authority constituted by the notification of the Government
of India in the Ministry of Environment and Forests number S.O. 2494(E), dated
30th September 2009.
(zd)
“stream” includes river, water course
(whether flowing or for the time being dry), inland water (whether natural or
artificial) and sub-terrain waters;
(ze)
“tributaries of River Ganga” means those
rivers or streams which flow into River Ganga and includes Yamuna River, Son
River, Mahananda River, Kosi River, Gandak River, Ghaghara River and Mahakali
River and their tributaries or such other rivers which National Council for
Rejuvenation Protection and Management of River Ganga may, by notification,
specify for the purposes of this Order.
(2) The words and expressions
used herein and not defined but defined in the Environment (Protection) Act,
1986 (29 of 1986) shall have the meanings respectively assigned to them in the
Act.
Order - 4. Principles to be followed for rejuvenation, protection and management of River Ganga.
(1) The following principles
shall be followed in taking measures for the rejuvenation, protection and
management of River Ganga, namely:—
(i) the River Ganga shall be
managed as a single system;
(ii) the restoration and
maintenance of the chemical, physical, and biological quality of the waters of
River Ganga shall be achieved in a time bound manner;
(iii) the River Ganga shall be
managed in an ecologically sustainable manner;
(iv) the continuity of flow in
the River Ganga shall be maintained without altering the natural seasonal
variations;
(v) the longitudinal, lateral
and vertical dimensions (connectivities) of River Ganga shall be incorporated
into river management processes and practices;
(vi) the integral relationship between
the surface flow and sub-surface water (ground water) shall be restored and
maintained;
(vii) the lost natural vegetation
in catchment area shall be regenerated and maintained;
(viii) the aquatic and riparian
biodiversity in River Ganga Basin shall be regenerated and conserved;
(ix) the bank of River Ganga and
its flood plain shall be construction free Zone to reduce pollution sources,
pressures and to maintain its natural ground water recharge functions;
(x) the public participation in
rejuvenation, protection and management, revision and enforcement of any
regulation, standard, effluent limitation plan, or programme for rejuvenation,
protection and management shallbe encouraged and made an integral part of
processes and practices of River Ganga rejuvenation, protection and management.
(2) National Mission for Clean
Ganga may, having regard to the needs of the people of the country, advances in
technology and socio economic conditions of the people and to preserve the rich
heritage of national composite culture, specify additional principles in
addition to the principles specified under sub-paragraph (1).
Order - 5. Ecological flow of water in River Ganga to be maintained.
(1) Every State Government,
shall endeavor to ensure that uninterrupted flows of water are maintained at
all times in River Ganga as required under clause (iv) of paragraph (4).
(2) Every State Government
shall also endeavor to maintain adequate flow of water in River Ganga in
different seasons to enable River Ganga to sustain its ecological integrity and
to achieve the goal, all concerned authorities shall take suitable actions in a
time bound manner.
(3) For the purposes of this
paragraph, the average flow of water shall be determined by such Hydrology
Observation Stations at such points of the River Ganga, as may be specified by
the National Mission for Clean Ganga:
Provided that the average
flow of water in River Ganga may, having regard to ecology, be determined by
the National Mission for Clean Ganga for different points of River Ganga.
Order - 6. Prevention, control and abatement of environmental pollution in River Ganga and its tributaries.
(1) No person shall discharge,
directly or indirectly, any untreated or treated sewage or sewage sludge into
the River Ganga or its tributaries or its banks:
Provided that where a local
authority does not have, on the date of commencement of this Order, sewerage
scheme or infrastructure for collection, storage, transportation and disposal
of sewage or sewage sludge or such infrastructure is not functional on the said
date in an area abutting the River Ganga or its tributaries, every such local
authority shall, within a period, specified by National Mission for Clean Ganga
from the date of commencement of this Order, develop such infrastructure or
make such infrastructure functional, as the case may be, for collection,
storage, transportation and disposal of sewage in the territorial area of the
local authority.
(2) No person shall discharge,
directly or indirectly, any untreated or treated trade effluent and industrial
waste, bio-medical waste, or other hazardous substance into the River Ganga or
its tributaries or on their banks:
Provided further that where
an industry or industrial area management does not have, on the date of
commencement of this Order, industrial effluent treatment scheme or
infrastructure for collection, storage, transportation and disposal of trade
effluents industrial waste, bio-medical waste, or other hazardous substance,
etc. or such infrastructure is not functional on the said date in an area
abutting the River Ganga or its tributaries, every such industry or industrial
area management shall, within a period so specified by the National Mission for
Clean Ganga from the date of commencement of this Order, develop such
infrastructure or make such infrastructure functional, as the case may be, for
collection, storage, transportation and disposal of trade effluent and
industrial waste, bio-medical waste, or other hazardous substance in the
jurisdiction of the industry or industrial area management.
(3) No person shall construct
any structure, whether permanent or temporary for residential or commercial or
industrial or any other purposes in the River Ganga, Bank of River Ganga or its
tributaries or active flood plain area of River Ganga or its tributaries:
Provided that in
exceptional circumstances like natural calamities or religious events at
traditional locations, temporary structures can be raised after prior
permission of the National Mission for Clean Ganga acting through the State
Ganga Committee and the District Ganga Committee:
Provided further that in
case any such construction has been completed, before the commencement of this
Order, in the River Bank of River Ganga or its tributaries or active flood
plain area of River Ganga or its tributaries, the National Mission for Clean
Ganga shall review such constructions so as to examine as to whether such
constructions are causing interruption in the continuous flow of water or
pollution in River Ganga or its tributaries, and if that be so, it shall cause
for removing them.
(4) No person shall do any act
or carry on any project or process or activity which, notwithstanding whether
such act has been mentioned in this Order or not, has the effect of causing
pollution in the River Ganga.
(5) It shall be the duty of the
National Mission for Clean Ganga, every Specified State Ganga Committee or
specified District Ganga Protection Committee, local authority and all other
authorities and persons to disseminate widely and bring to public notice, using
various means, information captured in reports and the aforesaid measures in
the local language in every village, town, city and other areas abutting River
Ganga and its tributaries.
Order - 7. Emergency measures in case of pollution of River Ganga or its tributaries
If any poisonous, noxious
or polluting matter is present or has entered into the River Ganga due to any
accident or other unforeseen act or event, and it is necessary or expedient to
take immediate action, the National Mission for Clean Ganga shall take
immediate action for carrying out such operations or direct for carrying out
such operations by the specified State Ganga Committee or specified District
Ganga Committee or local authority or any other authority or Board or
Corporation, as it may consider necessary for all or any of the following
purposes, namely; —
(a) the manner of removing the
matter from River Ganga and disposing it off in such a manner as it may
specify, as also, for carrying out such operations as is considered appropriate
for mitigation or removal of any pollution caused by such matter;
(b) issuing directions
restraining or prohibiting any person concerned from discharging any poisonous,
noxious or polluting matter in the River Ganga;
(c) undertaking any additional
work or functions as may be necessary to address such emergency.
Order - 8. Power to issue directions.
The National Mission for
Clean Ganga shall, in the exercise of its powers and performance or its
functions under this Order, issue such directions in writing as it may consider
necessary for abatement of pollution and rejuvenation, protection and
management of the River Ganga to the concerned authority or local authority or
other authorities or Board or Corporation or person and they shall be bound to
comply with such directions.
Order - 9. Ganga safety audit.
Every District Ganga
Committee shall cause the Ganga safety audit to be carried out by such Ganga
Safety Auditors within such time frame and in accordance with such protocols as
may be specified by the National Mission for Clean Ganga for the area of the
River Ganga abutting such district and forward the copy of the report of such
safety audit along with remedial action taken thereon to the concerned State
Ganga Committee and the National Mission for Clean Ganga, which shall take
appropriate action thereon, if required.
Order - 10. Pollution in River Ganga and its tributaries to be monitored.
(1) The pollution in River
Ganga and its tributaries shall be monitored by the National Mission for Clean
Ganga on its own or by directions through various State and Central Government
agencies by use of satellite imagery and other remote sensing technologies as
well as physical stations, online monitoring and independent agencies at a
periodicity to be specified by it.
(2) Notwithstanding the
provisions of sub-paragraph (1), the Central Government may assign the function
of monitoring of pollution in River Ganga and its tributaries to any other
agency or body or direct, having regard to advances in technology, to monitor
the aforesaid pollution in River Ganga and its tributaries by adopting any
other technique or method, as may be specified in the direction.
Order - 11. Constitution of National Council for Rejuvenation, Protection and Management of River Ganga.
With effect from the date
of commencement of this Order, there shall be constituted an authority by the
name to be called the National Council for Rejuvenation, Protection and
Management of River Ganga, (hereinafter in this Order called as the National
Ganga Council) for the purposes of the Act and to exercise powers and discharge
functions as specified in this Order and the Act.
Order - 12. Composition of National Ganga Council.
[3][(1) The National
Ganga Council shall consist of the following members, namely:—
(a) |
Prime Minister |
Chairperson, ex-officio; |
(b) |
Union Minister for Jal Shakti |
-Vice-Chairperson, ex-officio; |
(c) |
Union Minister for Environment,
Forests and Climate Change |
-Member, ex-officio; |
(d) |
Union Minister for Finance |
-Member, ex-officio; |
(e) |
Union Minister for Housing and Urban
Affairs |
-Member, ex-officio; |
(f) |
Union Minister for Power |
-Member, ex-officio; |
(g) |
Union Minister for Science and
Technology |
-Member, ex-officio; |
(h) |
Union Minister for Rural Development |
-Member, ex-officio; |
(i) |
Union Minister for Shipping |
-Member, ex-officio; |
(j) |
Union Minister of State for Tourism |
-Member, ex-officio; |
(k) |
Vice Chairman, NITI Aayog |
-Member, ex-officio; |
(l) |
Chief Minister, Bihar |
-Member, ex-officio; |
(m) |
Chief Minister, Jharkhand |
-Member, ex-officio; |
(n) |
Chief Minister, Uttarakhand |
-Member, ex-officio; |
(o) |
Chief Minister, Uttar Pradesh |
-Member, ex-officio; |
(p) |
Chief Minister, West Bengal |
-Member, ex-officio; |
(q) |
Secretary, Department of Water
Resources, River Development and Ganga Rejuvenation |
-Member, ex-officio; |
(r) |
Secretary, Department of Drinking
Water & Sanitation |
-Member, ex-officio; |
(s) |
Secretary, Ministry of Housing and
Urban Affairs |
-Member, ex-officio; |
(t) |
Secretary, Department of Agriculture
and Farmers' Welfare |
-Member, ex-officio; |
(u) |
Director General, National Mission
for Clean Ganga |
-Member Secretary, ex-officio. |
(2)
The National Ganga Council may co-opt
one or more Chief Ministers from the States not represented in the National
Ganga Council having major tributaries of River Ganga, which are likely to
affect the water quality in the River Ganga, as Member.
(3)
The National Ganga Council may also
co-opt one or more Union Ministers, if it considers necessary, as Member.
(4)
The National Ganga Council may consult
experts and expert organisations or institutions in the field of river
rejuvenation, river ecology and river management, hydrology, environmental
engineering, social mobilisation and other relevant fields.
(5)
The Headquarter of the National Ganga
Council shall be at New Delhi or at such other place as it may decide.
(6)
The National Ganga Council shall have
its Secretariat in the National Mission for Clean Ganga.
(7)
The Central Government in [4][the
Ministry of Jal Shakti] shall serve as the nodal Ministry.
Order - 13. Dissolution of National Ganga River Basin Authority
(1) On and from the date of
constitution of the National Ganga Council in paragraph 11, the National Ganga
River Basin Authority constituted by Notification of the Ministry of Water
Resources, River Development and Ganga Rejuvenation, number S.O. 2539(E), dated
the 29th September 2014 shall stand dissolved.
(2) All things done or omitted
to be done or actions taken or any money spent or authorised to be spent by the
National Ganga River Basin Authority before such dissolution shall be deemed to
have been done or taken under the corresponding provisions of this Order.
Order - 14. Superintendence, direction and control of management of River Ganga to vest in National Ganga Council.
The National Ganga Council
shall, notwithstanding anything contained in this Order, be overall responsible
for the superintendence, direction, development and control of River Ganga and
the entire River Basin (including financial and administrative matters) for the
protection, prevention, control and abatement of environmental pollution in
River Ganga and its rejuvenation to its natural and pristine condition and to
ensure continuous adequate flow of water in the River Ganga and for matters
connected therewith.
Order - 15. Jurisdiction of National Ganga Council.
The jurisdiction of the
National Ganga Council shall extend to the areas mentioned in paragraph 2.
Order - 16. Meetings of National Ganga Council.
(1) National Ganga Council may
regulate its own procedure for transacting its business including its meetings.
(2) The Chairperson of the
National Ganga Council shall preside over its meetings and in his absence, its
Vice-Chairperson shall, preside over the meetings of the National Ganga Council
and conduct its business.
(3) The Vice-Chairperson shall
have the power to take decisions necessary for the National Ganga Council to
achieve its objectives, in between the conduct of the two meetings of the
Council subject to ratification in the next meeting.
(4) The National Ganga Council
shall meet at least once every year or more as it may deem necessary.
Order - 17. Constitution of Empowered Task Force on River Ganga as authority.
(1) With effect from the date
of commencement of this Order, there shall be constituted an authority by the
name to be called the Empowered Task Force on River Ganga for the purposes of
the Act and to exercise powers and discharge functions as specified in this
Order and the Act.
(2) The Empowered Task
Force on River Ganga shall consist of the following members, namely:—
[5][(a) Union Minister
for Jal Shakti |
- Chairperson, ex-officio; |
(b) Union Minister of State for Jal
Shakti |
- Vice-Chairperson, ex-officio; |
(c) Secretary, Department of Water
Resources, River Development and Ganga Rejuvenation |
- Member, ex-officio] |
(d) Secretary in the Ministry of
Finance (Department of Expenditure) |
- Member, ex-officio; |
(e) Chief Executive Officer, Niti
Ayog |
- Member, ex-officio; |
(f) Chief Secretary, State of
Uttrakhand |
- Member, ex-officio; |
(g) Chief Secretary, State of Uttar
Pradesh |
- Member, ex-officio; |
(h) Chief Secretary, State of Bihar |
- Member, ex-officio; |
(i) Chief Secretary, State of
Jharkhand |
- Member, ex-officio; |
(j) Chief Secretary, State of West
Bengal |
- Member, ex-officio; |
(k) Director General, National
Mission for Clean Ganga |
- Member-Secretary |
(3) The Empowered Task Force on
River Ganga may also co-opt one or more Secretary in the Union Ministries or
the Chief Secretary of any other State concerned, if it considers necessary, as
member
(4) The Empowered Task Force on
River Ganga shall meet at least once every three months or more as it may deem
necessary.
(5) The administrative and
technical support to the Empowered Task Force on River Ganga shall be provided
by the Central Government in [6][the
Ministry of Jal Shakti (Department of Water Resources, River Development and
Ganga Rejuvenation)] which shall be the nodal Ministry for the purposes of such
administrative and technical support.
Order - 18. Functions and powers of Empowered Task Force on River Ganga.
(1) The Empowered Task Force on
River Ganga shall co-ordinate and advise on matters relating to rejuvenation,
protection and management of River Ganga and its tributaries.
(2) In particular and without
prejudice to the generality of the provisions of sub-paragraph (1), the
functions and powers of the Empowered Task Force on River Ganga may include
measures with respect to all or any of the following matters in rejuvenation,
protection and management of River Ganga, namely:—
(a) ensuring that the
Ministries, Departments and State Governments concerned have —
(i) an action plan with
specific activities, milestones, and timelines for achievement of the objective
of rejuvenation and protection of River Ganga;
(ii) a mechanism for monitoring
implementation of its action plans;
(b) co-ordination amongst the
Ministries and Departments and State Governments concerned for implementation
of its action plans in a time bound manner;
(c) to monitor the
implementation process, address bottlenecks, suggest and take such decisions as
may be necessary to ensure speedy implementation;
(d) all projects under the
ambit of Namami Gange including ongoing projects funded domestically and
through external assistance;
(e) discharge of such other
functions or exercise of such powers as may be considered necessary for
achievement of the objective of rejuvenation, protection and management of
River Ganga or as may be assigned to it by the Central Government or specified
by the National Ganga Council;
Order - 19. Approval for projects exceeding value of rupees one thousand crore.
(1) The Empowered Task Force on
River Ganga shall be responsible for the approval of every project exceeding a
value of rupees one thousand crore, as amended from time to time.
(2) The Empowered Task Force on
River Ganga may constitute a sub-committee of officials amongst its members for
the purpose of sub-paragraph (1)
Order - 20. Constitution and Composition of Specified State Ganga Rejuvenation, Protection and Management Committees as authorities.
With effect from the date
of commencement of this Order, these shall be constituted, in each State as
specified in paragraph 2, an authority to be called the State Ganga
Rejuvenation, Protection and Management Committee, which shall consist of a
Chairperson and other members as specified in the Schedule to exercise powers
and discharge functions as specified in this Order and the Act.
Order - 21. Meetings of State Ganga Committee.
(1) Every State Ganga Committee
may regulate its own procedure for transacting its business including its
meetings.
(2) Every State Ganga Committee
shall convene its meetings at least once in every three months' time.
(3) The Chairperson of the
State Ganga Committee shall preside over its meetings and in his absence, the
said Committee shall elect its Vice-Chairperson who shall, preside over the
meetings of the State Ganga Committee and conduct its business.
Order - 22. Superintendence, direction and control over Committee.
The superintendence,
direction and control of the District Ganga Committees shall, notwithstanding
anything contained in this Order, vest in the State Ganga Committee, for the
purposes of rejuvenation, protection, prevention, control and abatement of
environmental pollution in River Ganga and its tributaries so as to rejuvenate
the River Ganga to its natural and pristine condition and ensure continuous and
adequate flow of water in River Ganga and for protection and management of
River Ganga in the States concerned.
Order - 23. Decisions of State Ganga Committee to be binding.
The decision taken at the
meetings of the State Ganga Committee shall, notwithstanding anything contained
in this Order, be binding upon every District Ganga Committee and every local
authority or other authority or Board or person referred to in such decision
and they shall comply with the decisions of the State Ganga Committee.
Order - 24. Powers, duties and functions of State Ganga Committees.
(1) Every State Ganga Committee
shall, subject to the provisions of the Act and rules made or directions issued
thereunder, have the power to take all such measures, including those in
paragraphs 6, 7 and 8, as it deems necessary or expedient for effective
abatement of pollution and conservation of the River Ganga and for implementing
the decisions or directions of the National Ganga Council and National Mission
for Clean Ganga.
(2) The State Ganga Committee
shall implement various programmes and projects of the National Ganga Council
and National Mission for Clean Ganga.
(3) In particular and without
prejudice to the generality of the provisions of sub-paragraphs (1) and (2),
such measures may include all or any of the following matters, namely:—
(a) coordination and
implementation of the conservation activities relating to River Ganga including
augmentation of sewerage infrastructure, catchment area treatment, protection
of flood plains, creating public awareness and such other measures at the State
level and regulation of activities aimed at the prevention, control and
abatement of pollution in the River Ganga to maintain its water quality, and to
take such other measures relevant to river ecology and management in the State
concerned;
(b) implementation of the river
basin management plan in the concerned State;
(c) maintenance of minimum
ecological flows in the River Ganga in the concerned State and actions thereon;
(d) entry and inspection under
section 10 and power to take sample under section 11 of the Act for the purpose
of exercising and performing its functions under this Order.
(4) The State Ganga Committee
shall undertake all the emergency measures mentioned in paragraph 7.
(5) The State Ganga Committee
shall have the powers to issue directions under section 5 of the Act.
(6) The powers and functions of
the State Ganga Committee shall be without prejudice to any of the powers
conferred upon the State Government under any Central or State Act, being not
inconsistent with the provisions of the Act.
Order - 25. Monitoring execution of plans and programmes of District Ganga Committees.
Every State Ganga Committee
shall monitor the execution of plans, programmes, and projects of all their
District Ganga Protection Committees and those of other authorities and submit
progress in respect thereof to the National Mission for Clean Ganga.
Order - 26. Preparation of consolidated reports of all District Ganga Committees and taking remedial measures in respect thereof.
(1) Every State Ganga Committee
shall prepare a consolidated report of all District Ganga Protection
Committees, local authorities or other authorities or Board or Corporation or
person for every quarter indicating therein in respect of each specified
District abutting River Ganga and its tributaries,—
(a) the status of the plans
being executed and measures taken by them and any other activity relating to
the health of River Ganga and its tributaries;
(b) the quality of water in
River Ganga and its tributaries in each specified District and remedial action
in respect thereof;
(c) any interruption of flow in
the River Ganga in each specified District and reasons therefor;
(d) remedial measures taken on
the complaints made to the District Ganga Committee or local authorities or
other authorities;
(e) adverse report as reported
by Ganga safety auditors in each specified District;
(f) any other information
relevant to the health of River Ganga and its tributaries.
(2) The report referred to in
sub-paragraph (1) shall be submitted within one month at the end of each year
to the State Ganga Committee and National Mission for Clean Ganga along with
remedial action thereof.
Order - 27. Conducting of Ganga safety audit and submission of such audit reports by State Ganga Committees.
(1) It shall be the duty of the
State Ganga Committees to conduct or causes to be conducted, through the
District Ganga Committees, the Ganga safety audit and submit report of the
Ganga safety audit to the National Mission for Clean Ganga along with the
remedial action taken thereon and also make available the same in public domain
and exhibit the same at its website.
(2) The Ganga safety audit
shall include such particulars and be done at such intervals (save as otherwise
provided in this Order) and in such manner as may be specified, by
notification, by the National Mission for Clean Ganga.
Order - 28. State Ganga Committee to be nodal agency.
The State Ganga Committee
shall be the State-wide nodal agency in the State for the implementation of the
provisions of this Order and for effective abatement of pollution and
rejuvenation, protection and management of the River Ganga and its tributaries.
Order - 29. State Ganga Committees to be bound by direction of National Ganga Council and National Mission for Clean Ganga.
Every State Ganga Committee,
without prejudice to the foregoing provisions of this Order, shall, in exercise
of its powers or the performance of its functions under this Order, be bound by
the decisions or such directions (including those relating to technical and
administrative matters) as the National Ganga Council and the National Mission
for Clean Ganga may give in writing to it from time to time for abatement of
pollution and rejuvenation, protection and management of the River Ganga.
Order - 30. Dissolution of State Ganga River Conservation Authorities and State Executive Committees.
(1) With effect from the date
of constitution of the State Ganga Committees, the respective State Ganga River
Conservation Authorities and the respective State Executive Committees
constituted before the commencement of this Order shall stand dissolved.
(2) All things done or omitted
to be done or actions taken or any money spent or authorised to be spent by the
authorities and committees under sub-paragraph (1) before such dissolution
shall be deemed to have been done or taken under the corresponding provisions
of this Order.
Order - 31. Constitution of National Mission for Clean Ganga as an authority.
(1) With effect from the date
of commencement of this Order, the National Mission for Clean Ganga, a society
registered under the Societies Registration Act, 1860 (21 of 1860), shall be an
authority constituted under the Act, by the same name for the purposes of the
Act and to exercise powers and discharge functions as specified under this
Order and the Act and the rules made or directions issued thereunder.
(2) The composition of the
National Mission for Clean Ganga shall be as specified in paragraph 35.
Order - 32. Area of operation of National Mission for Clean Ganga.
The area of operation of
the National Mission for Clean Ganga shall be the areas mentioned in paragraph
2.
Order - 33. National Mission for Clean Ganga to be nodal agency.
The National Mission for
Clean Ganga shall be the nodal agency for the nationwide implementation of the
provisions of this Order and for effective abatement of pollution and
rejuvenation, protection and management of the River Ganga and its tributaries.
Order - 34. National Mission for Clean Ganga to be an empowered organization.
The National Mission for
Clean Ganga shall be an empowered organisation with two tier management having
administrative, appraisal and approval powers and duties, functions and powers
as specified in this Order.
Order - 35. Composition of National Mission for Clean Ganga.
The National Mission for
Clean Ganga shall have a two-tier management structure and it shall comprise of
the Governing Council and the Executive Committee.
(1) The Governing Council shall
consist of the following members, namely:—
(a) |
Director General of National Mission
for Clean Ganga |
Chairman, ex-officio |
[7][(b) |
Joint Secretary, Department of Water
Resources, River Development and Ganga Rejuvenation |
Member, ex-officio |
(c) |
Joint Secretary, Ministry of Housing
and Urban Affairs |
Member, ex-officio] |
(d) |
Joint Secretary, Ministry of Environment,
Forests and Climate Change |
Member, ex-officio |
(e) |
Joint Secretary, Department of
Expenditure |
Member, ex-officio |
(f) |
Representative of NITI Aayog (not
below Joint Secretary) |
Member, ex-officio |
(g) |
Chairman, Central Pollution Control
Board |
Member, ex-officio |
(h) |
Principal Secretary, Urban
Development, Government of Bihar |
Member, ex-officio |
(i) |
Principal Secretary, Urban
Development, Government of Jharkhand |
Member, ex-officio |
(j) |
Principal Secretary, Urban
Development, Government of Uttar Pradesh |
Member, ex-officio |
(k) |
Principal Secretary, Peyjal,
Government of Uttarakhand |
Member, ex-officio |
(1) |
Principal Secretary, Urban
Development, Government of West Bengal |
Member, ex-officio |
(m) |
Executive Director (Deputy Director
General), National Mission for Clean Ganga |
Member, ex-officio |
(n) |
Executive Director (Technical),
National Mission for Clean Ganga |
Member, ex-officio |
(o) |
Executive Director (Finance),
National Mission for Clean Ganga |
Member, ex-officio |
(p) |
Executive Director (Projects), National
Mission for Clean Ganga |
Member, ex-officio |
(q) |
Executive Director (Administration),
National Mission for Clean Ganga |
Member- Secretary. |
(2) The Executive Committee
constituted out of the Governing Council, shall consist of the following
members, namely:—
(a) |
Director General, National Mission
for Clean Ganga |
- Chairperson, ex-officio; |
(b) |
Joint Secretary, Department of
Expenditure |
- Member, ex-officio; |
(c) |
Representative of NITI Aayog (not
below Joint Secretary) |
- Member, ex-officio; |
(d) |
Principal Secretary of the State
concerned |
- Member, ex-officio; |
(e) |
Executive Director (Deputy Director
General) National Mission for Clean Ganga |
- Member, ex-officio; |
(f) |
Executive Director (Finance) National
Mission for Clean Ganga |
- Member, ex-officio; |
(g) |
Executive Director (Technical)
National Mission for Clean Ganga |
- Member, ex-officio; |
(h) |
Executive Director (Projects)
National Mission for Clean Ganga |
- Member, ex-officio; |
(i) |
Executive Director (Administration)
National Mission for Clean Ganga |
- Member, ex-officio; |
(3) The Director General,
National Mission for Clean Ganga may, if he considers necessary, may associate
with the Executive Committee, any other member from the Governing Council.
(4) The Governing Council may
constitute a sub-committee from out of its members and also by associating some
technical experts for appraisal of the projects.
(5) The representative of the
State concerned shall also be one of the members of sub-committee.
(6) Half of the members of the
Governing Council shall form the quorum.
Order - 36.
(1) All approvals up to one
thousand crores rupees shall be granted by the Executive Committee and it shall
report to the Governing Council at least once in three months.
(2) The Sub-Committee of the
Governing Council shall appraise the project only after completion of Third
Party Appraisal of the project by technical experts or consortium of recognized
institutes or Indian Institutes of Technology, as the case may be.
(3) The Third Party Appraisal
shall be for all projects irrespective of their value.
Order - 37. Appointment of Director General and Executive Directors of National Mission for Clean Ganga.
(1) Director General, National
Mission for Clean Ganga shall be appointed by the Central Government who shall
be equivalent to the rank of Additional Secretary or Secretary to the
Government of India and his terms and conditions of services shall be determined
by Central Government.
(2) The Executive Director
(Finance) shall be appointed on deputation from any of the organised accounts
services in the Central Government in the rank equivalent to Joint Secretary to
Government of India in accordance with the recruitment rules of the said
services.
(3) National Mission for Clean
Ganga shall have at least one position for each of the Executive Directors in
the rank of Joint Secretary to Government of India.
(4) One of the Executive
Directors shall be designated as Deputy Director General of the National
Mission for Clean Ganga and he shall be appointed by the Central Government.
(5) None of the nominated
members of the Executive Committee shall be below the rank of Joint Secretary
in Government of India.
Order - 38. Duty of National Mission for Clean Ganga.
It shall be the duty of the
National Mission for Clean Ganga to—
(i) follow the principles laid
down in paragraph 4
(ii) comply with the decisions
and directions of the National Ganga Council and implement the Ganga Basin
Management Plan approved by it;
(iii) co-ordinate all activities
for rejuvenation and protection of River Ganga in a time bound manner as
directed by the National Ganga Council;
(iv) do all other acts or
abstain from doing certain act which may be necessary for rejuvenation and
protection of River Ganga and its tributaries.
Order - 39. Functions of National Mission for Clean Ganga.
(1) Without prejudice to the
provisions of this Order, the National Mission for Clean Ganga shall identify
or cause to be identified —
(a) the specific threats to the
River Ganga in areas in each village and town of such specified District
abutting River Ganga and its tributaries, including sewerage and industrial
waste, cremation and burial of corpses and disposal of animal carcasses, and threats
from commercial, recreational and religious activities;
(b) the type of measures
required to address such threat in each village and town of all districts
abutting River Ganga and its tributaries;
(c) the specific areas where
such remedial actions are required to be taken for rejuvenation and protection
of River Ganga and its tributaries.
(d) the measures which may be
necessary for reuse of treated water and enter in to Memorandum of
Understanding in this regard with the Ministries of the Central Government like
Railways, Power, Petroleum and Natural Gas etc., State Governments, autonomous
bodies at the Central and State level, recognized Institutes and organizations
which the National Mission for Clean Ganga may deem fit.
(2) The National Mission for
Clean Ganga shall make or cause to make the River Ganga Basin Management Plan
along with cost, timelines and allocation of responsibilities, among other
things, for rejuvenation and protection of River Ganga and its tributaries in
each village and town of specified District abutting River Ganga and its
tributaries and execute projects there for.
(3) The National Mission for
Clean Ganga shall—
(a) cause to be determined the
magnitude of ecological flows in the River Ganga and its tributaries required
to be maintained at different points in different areas at all times with the
aim of ensuring water quality and environmentally sustainable rejuvenation,
protection and management of River Ganga and its tributaries and notifying the
same and take or direct all such measures necessary to maintain adequate
ecological flows;
(b) cause to be identified
places where the environmental flow of water of River Ganga has been modified
and take measures for correction thereof to maintain the continuous flow of
water for rejuvenation, protection and management of River Ganga and its
tributaries;
(c) identify places of
discontinuity of water in River Ganga and its tributaries due to engineered
diversion of water or storage of water or by any other means and execute plans
in respect thereof or take remedial action therefor;
(d) devise a system to be put
in place for continuous monitoring of flow of water and pollution levels in
River Ganga and its tributaries;
(e) take all such measures
which may be necessary to give effect to the decisions of the National Ganga
Council so as to maintain adequate ecological flows in the River Ganga and
tributaries;
(f) render assistance or cause
them to be rendered by any agency for preparation of detailed project reports
or execution of projects for abatement of pollution and rejuvenation,
protection and management of the River Ganga and its tributaries to the State
Governments, the State Ganga Committees, District Ganga Committees or local
authorities or any person or body, any authority, Board or Corporation;
(g) set up or facilitate
setting up or designate and direct one or more existing centers to research,
develop and disseminate knowledge base and analytical tools on abatement of
pollution and rejuvenation, protection and management of River Ganga and its
tributaries;
(h) take any other measures
which may be necessary for continuous flow of water and abatement of pollution
in River Ganga and its tributaries
(4) The National Mission for
Clean Ganga shall take all such other emergency measures as outlined in
paragraph 7.
Order - 40. Establishment of River Ganga Monitoring Centres at suitable locations along River Ganga and its tributaries.
The National Mission for
Clean Ganga may identify the places in the River Ganga Basin and establish at
such places or designate any existing laboratory or station or institute as
Centres to be called the “River Ganga Monitoring Centre” for monitoring amongst
other things, continuous flow of water and pollution levels as required under
this Order and such Centre shall report immediately to the National Mission for
Clean Ganga for taking remedial action therefor.
Order - 41. Powers of National Mission for Clean Ganga.
(1) The National Mission for
Clean Ganga being the national agency charged with the role, responsibility and
powers to facilitate the task of rejuvenation, protection and management of
River Ganga and its tributaries, under the supervision and direction of the
National Ganga Council, shall recommend to the National Ganga Council or
Central Government for issuing directions or issue directions itself, to the
State Ganga Committees or District Ganga Committees or local authority or any
other authority or any person, institution, consortium or agency, as it may
decide, for the rejuvenation, protection and management of River Ganga and have
the power to take all such measures and discharge such functions as it may deem
necessary or expedient for prevention, control and abatement of environmental
pollution in River Ganga and its tributaries so as to rejuvenate the River
Ganga to its natural and pristine condition and ensure continuous and adequate
flow of water in River Ganga and for protection and management of River Ganga
and for matters connected therewith.
(2) In particular and without
prejudice to the generality of the provisions of sub-paragraph (1), and save as
otherwise provided in this Order, such directions may include all or any of the
following matters in the management of River Ganga, namely:—
(a) fulfillment of the
functions mentioned in paragraph 55 in accordance with the principles in
paragraph 4;
(b) formulate, with the
approval of the Central Government, the National policy for effective abatement
of pollution and rejuvenation, protection and management of River Ganga;
(c) enter into memorandum of
understanding, with the approval of the Central Government, with any country or
foreign agency for effective implementation of the River Ganga Basin Management
Plan for rejuvenation, protection, prevention, control and abatement of
pollution in the River Ganga and its tributaries;
(d) approve, with or without
modifications, the River Ganga Basin Management Plan and direct amendments, if
any, to be made therein;
(e) supervise and review the
progress reports, and issue directions to the State Ganga Committees, District
Ganga Committees or local authorities and other authorities in the
implementation of the River Ganga Basin Management Plan and any other matter
connected with affairs of the River Ganga and its tributaries;
(f) approve the planning,
financing and execution of programmes for abatement of pollution in the River
Ganga including augmentation of sewerage and effluent treatment infrastructure,
catchment area treatment, protection of flood plains, creating public
awareness, conservation of aquatic and riparian life and biodiversity and such
other measures for promoting environmentally sustainable river rejuvenation;
(g) coordination, monitoring
and review of the implementation of various programmes or activities taken up
for prevention, control and abatement of pollution and protection and
management in the River Ganga and its tributaries;
(h) direct any person or
authority to take measures for restoration of river ecology and management in
the River Ganga Basin States;
(i) recommend to the Central
Government, for creation of special purpose vehicles (whether as a company
under the companies Act, 2013(18 of 2013) or Societies Registration Act, 1860
(21 of 1860) or a Trust under the Indian Trust Act, 1882 (2 of 1882)), as may
be considered appropriate, for implementation of this Order and for the
purposes of the Act;
(j) take such measures as may
be necessary for the better co-ordination of policy and action to ensure
effective prevention, control and abatement of pollution, rejuvenation and
protection and management in the River Ganga and its tributaries;
(k) issue such directions to
any person or authority, as it may consider necessary, for proper or prompt
execution of the projects or cancel such projects or stop release of funds or
direct refund of amount already released and assign the same to any other
person or authority or Board or Corporation for prompt execution thereof;
(l) direct any person or
authority to maintain such books of account or other documents, without
prejudice to any law for the time being in force, as may be specified by the
National Mission for Clean Ganga;
(m) take such other measures
which may be necessary for achievement of prevention, control and abatement of pollution,
rejuvenation and protection and management in the River Ganga and its
tributaries;
(3) The National Mission for
Clean Ganga shall have the power to issue directions mentioned under section 5
of the Act.
(4) The National Mission for
Clean Ganga may evolve an appropriate mechanism for implementation of its
decisions and the decisions of the National Ganga Council.
Order - 42. Giving of prior approval in certain matters.
Every person, the State
Ganga Committees, District Ganga Protection Committees, local authorities and
other authorities shall obtain prior approval of the National Mission for Clean
Ganga, on the following matters, relating to River Ganga and any area abutting
River Ganga or its tributaries, if required to implement the decisions of the
National Ganga Council, namely:—
(a) engineered diversion and
storage of water in River Ganga without affecting the flow of water downstream
of the River Ganga;
(b) construction of bridges and
associated roads and embankments over the River Ganga or at its River Bank or
its flood plain area;
(c) construction of Ghats or
extension of any existing Ghat;
(d) construction of jetties;
(e) construction of permanent
hydraulic structures for storage or diversion or control of waters or
channelisation of River Ganga or its tributaries;
(f) deforestation of hill
slopes and notified forest and other eco-sensitive areas;
(g) any other activity which
contravenes the principles laid out in paragraph 4 which the National Mission
for Clean Ganga may specify.
Order - 43. Financial framework.
(1) The budgetary allocation
shall be utilised by the National Mission for Clean Ganga for meeting expenses
in connection with the discharge of its functions, objects and purposes and
establishment expenditure: Provided that the money received by way of grants,
loans and borrowings shall be expended for the specific purpose for which such
grants, loans and borrowings have been received.
(2) The National Mission for
Clean Ganga shall maintain proper accounts and other relevant records and
prepare an annual expenditure statement.
(3) The audit of National
Mission for Clean Ganga accounts shall be done by the Comptroller and
Auditor-General of India and after completion of annual audit, the audit agency
shall furnish annual audit certificate.
(4) The affairs of National
Mission for Clean Ganga shall be subject to the control of Central Vigilance
Commission and there shall be a Vigilance Officer to look after vigilance
related matters.
(5) The annual expenditure
statement with the audit report shall be forwarded annually to the Empowered
Task Force, and the Central Government for being laid before each House of
Parliament.
Order - 44. Engagement of legal experts.
The National Mission for
Clean Ganga shall have proper legal set up for which it may engage legal
experts, consultants and legal firms as may be necessary for advising it on
legal matters and providing support for discharging its duties.
Order - 45. Scrutiny of reports.
All the reports relating to
its activities and reports received from the State Ganga Committees, District
Ganga Committees, local authority, Board, Corporation or any person shall be
scrutinised by the National Mission for Clean Ganga and placed by it along with
its views on the matters mentioned in such report before the National Ganga
Council for soliciting its guidance thereon, if required.
Order - 46. Consolidated report of Ganga Safety audit.
The National Mission for
Clean Ganga shall prepare and submit a consolidated report of the Ganga safety
audits of River Ganga to the National Ganga Council along with the remedial
action taken thereon and also make available the same in public domain and exhibit
the same at its website.
Order - 47. Powers of National Mission for Clean Ganga to call for information, conduct inspection, publish reports, etc.
(1) Where the National Mission
for Clean Ganga considers it expedient so to do under section 5 of the Act, it
may, by order in writing.—
(a) call upon any State Ganga
Committees, District Ganga Protection Committees, local authority, other
authority, Board, Corporation or person, who has been allotted any project for
execution or connected with such project or utilisation of funds, at any time,
to furnish in writing or make public for dissemination such information or
explanation relating to such project allotted for execution or executed or
utilisation of fund allotted as the National Mission for Clean Ganga may require;
or
(b) appoint one or more persons
or any authority to make an inquiry in relation to project allotted for
execution or executed or utilisation of fund allotted; or
(c) direct any of its officers
or employees or the officers or employees of the Central Government or State
Government or any other authority to inspect the books of account or other
documents of the State Ganga Committees, District Ganga Committees, local
authority, other authority, Board, Corporation or person related to any project
allotted for execution or executed or utilisation of funds; or
(d) require any person,
officer, State Government or authority to furnish to it any reports, returns,
statistics, accounts and other information and such person, officer, State
Government or other authority shall be bound to do so.
Order - 48. Financing and implementation model.
The National Mission for
Clean Ganga shall develop and constantly refine financial models that would
improve the performance and sustainability of projects, and which can be
adopted by the State Ganga Committees, District Ganga Committees, local
authority, other authority or person for abatement of pollution and
rejuvenation, protection and management of the River Ganga.
Order - 49. Preparation of consolidated reports.
(1) The National Mission for
Clean Ganga shall, on the basis of the reports and other information forwarded
by the State Ganga Committees, District Ganga Committees, local authorities,
other authorities, Board, Corporation or person, prepare a consolidated report
every year indicating therein in respect of each specified District abutting
River Ganga and its tributaries.—
(a) the status of the plans
being executed and measures taken by them and any other activity relating to
the health of River Ganga and its tributaries;
(b) the quality of water in
River Ganga and its tributaries and remedial action in respect thereof;
(c) any interruption of water
in the River Ganga and reasons therefor;
(d) condition of River Bed and
flood plains and habitat in the specified District;
(e) remedial measures taken on
the complaints received from public by the District Ganga Committee or local
authorities;
(f) threats remaining to be
addressed by then with remedial action proposed therefor;
(g) report if any as reported
by Ganga safety auditors;
(h) all other information
relevant about the health of River Ganga and its tributaries.
(2) The National Mission for
Clean Ganga shall submit a consolidated report referred to in sub-paragraph (1)
after review thereof to the Empowered Task Force along with remedial action
thereof.
Order - 50. Annual report.
(1) The National Mission for
Clean Ganga shall, within three months of the end of every year, prepare an
annual report of all work undertaken by it and by the Empowered Task Force on
River Ganga, the State Ganga Committees, District Ganga Committees, concerned
local authorities, other authorities, Board, Corporation or persons during the
immediately preceding year.
(2) The National Mission for
Clean Ganga shall include under separate parts in its annual report referred to
in sub-paragraph (1), all works undertaken by it and the Empowered Task Force
on River Ganga, the State Governments, the State Ganga Committees, District
Ganga Committees, concerned local authorities, other authorities, Board,
Corporation or person, and forward the said annual report to the National Ganga
Council and the Central Government and also make available in public domain and
exhibit at its website.
Order - 51. Constitution of Committees.
The National Mission for
Clean Ganga may, constitute one or more River Ganga Management Committees from
amongst its members and such experts in the field of rivers or water as it may
consider appropriate for the efficient discharge of its functions under this
Order.
Order - 52. Soliciting guidance.
In case any difficulty
arises in implementing decisions of the National Ganga Council or the
provisions of this Order, it shall be duty of the National Mission for Clean
Ganga to solicit the guidance of the National Ganga Council and take
appropriate action accordingly.
Order - 53. Constitution of District Ganga Protection Committees.
(1) The Central Government
shall immediately after the commencement of this Order, in consultation with
concerned State Ganga Committee, by notification constitute, in every specified
District abutting River Ganga and its tributaries in the States mentioned in
paragraph 2, the “District Ganga Committees” for the prevention, control and
abatement of environmental pollution in the River Ganga.
(2) Every District Ganga Committee in
each specified District shall consist of the following members, namely:— |
|
(a) the District Collector in the
specified District; |
- Chairperson, ex-officio; |
(b) not more than two nominated
representatives from Municipalities and Gram Panchayats of the specified
District nominated by the State Government. |
- Members; |
(c) one representative each of the
Public Works, Irrigation, Public Health Engineering, and Rural Drinking Water
Departments, and State Pollution Control Board working in the specified
District abutting River Ganga to be nominated by the District Collector |
- Member, ex-officio; |
(d) two environmentalists associated
with River Ganga protection activities and one representative of local
industry association in the specified District to be nominated by the
District Collector |
- Members,; |
(e) one Divisional Forest Officer of
the specified District |
- Member, ex-officio |
(f) one District official to be
nominated by the District Collector. |
- Member; |
(2) The District Collector
shall be the Chairperson of the District Ganga Committee and the Divisional
Forest Officer shall be the Convener of the District Ganga Committee.
(3) The District Ganga
Committees shall meet at such times and at such places as the Chairperson of
that Committee may decide and exercise such powers and functions as may be
conferred under this Order:
Provided that at least one
meeting of the District Ganga Committee shall be held every three months.
(4) A non ex-officio member may
resign his office by giving notice in writing thereof to the Central Government
or to the District Collector concerned, as the case may be, and shall cease to
be a member on his resignation being accepted by the Government or the District
Collector concerned, as the case may be.
Order - 54. Superintendence, direction and control of District Ganga Committee.
The superintendence, direction
and control of the management of the District Ganga Committee (including
financial and administrative matters) shall, notwithstanding anything contained
in this Order, vest in the National Mission for Clean Ganga which may be
exercised by it either directly or through the State Ganga Committee or any of
its officer or any other authority specified by it.
Order - 55. Functions and powers of District Ganga Committees.
(1) Every District Ganga
Committee shall discharge functions and exercise powers for rejuvenation,
protection, restoration and rehabilitation of River Ganga and its tributaries
in each specified District as laid out in paragraph 6 and 7 as per the
principles specified in paragraph 4.
(2) In particular, and without
prejudice to the generality of the provisions of sub-paragraph (1) for
rejuvenation and protection and restoration or rehabilitation of degraded areas
abutting River Ganga and its tributaries and subject to other provisions of
this Order and rules made thereunder, every District Ganga Committee shall have
the following powers and functions in relation to River Ganga and its
tributaries abutting in the area in specified District, namely:—
(a) identifying activities
which may be threats in the area of specified District abutting the River Ganga
for protection of River Ganga and its tributaries or its River bed and making a
plan for remedial action and take remedial action in respect thereof;
(b) taking remedial action at
its own end for protection of River Ganga and its tributaries or its River bed
abutting in the specified District (excluding enforcement of the provisions of
this Order)
(c) in the event of its
inability to take remedial action, reporting (electronically as well as by
sending written communication in hard copy) to the National Mission for Clean
Ganga and concerned State Government, the State Ganga Committee, as the case
may be, for issue of direction for protection of River Ganga and to formulate
appropriate management or remedial actions.
(d) taking suitable
administrative and other measures, to give effect to the provisions of this
Order so as to prevent the environmental pollution in the River Ganga and its
tributaries, not being inconsistent with the provisions of this Order, or any
law for the time being in force.
(3) In case, the District Ganga
Committee is of the opinion that any contravention has been made of any other
law for the time being in force or in respect of provisions of this Order, it
shall take appropriate action in accordance with the law for the time being in
force.
(4) The District Ganga
Committee shall take all such emergency measures as specified in paragraph 7.
Order - 56. Designation of Nodal Officer.
(1) Every District Ganga
Committee shall nominate as Nodal Officer for the purposes of this Order —
(a) the Sarpanch of Gram Sabha
of every village in the areas abutting the River Ganga and its tributaries;
(b) in case of an area, not
being village abutting the River Ganga, the Chairperson of Municipality
Planning Committee or Metropolitan Planning Committee or Chairperson of [8][any
local authority].
(2) Every Nodal Officer
nominated under sub-paragraph (1) shall take measures to prevent the pollution
of River Ganga and its tributaries and take remedial action for protection of
River Ganga and its tributaries or their River bed abutting in such village or
other area, as the case may be, of which he is the Nodal Officer and in case of
his failure to do so, he shall report the violation of this Order to the
Chairperson of the District Ganga Committee for remedial action.
(3) After receipt of the report
under sub-paragraph (2), the Chairperson of the District Ganga Committee shall
take remedial action for protection of River Ganga or its River bed abutting
the specified District.
Order - 57. Preparation of plans.
(1) Every District Ganga Committee
shall prepare its plan for protection of River Ganga and its tributaries and
their River bed abutting the specified District and submit the same to the
National Mission for Clean Ganga for its approval.
(2) The plan under
sub-paragraph (1) shall include the activities to be undertaken by the District
Ganga Committee for protection, control and abatement of environmental
pollution in River Ganga and its tributaries and their River Bed area abutting
the specified District which may be recommended by the State Government, State
Ganga Committees, the National Mission for Clean Ganga, any other authority or
Board and the expenditure involved for such plan and time within which such
activities shall be completed.
Order - 58. Preparation of budget and maintenance of accounts.
Every District Ganga
Committee shall prepare its budget for every financial year indicating therein
the funds required and purposes for which such funds shall be spent and the
time limit within which the activity mentioned in the budget shall be completed
and submit to concerned State Ganga Committee under intimation to National
Mission for Clean Ganga and such Committee shall ensure proper maintenance of
accounts as directed by National Mission for Clean Ganga, for audit by the
Comptroller and Auditor-General of India or any other agency appointed by the
Comptroller and Auditor-General of India and such accounts shall be subject to
inspection by National Ganga Council, National Mission for Clean Ganga, State
Ganga Committee or any of their appointed entities.
Order - 59. Monthly and annual reports.
(1) Every District Ganga
Committee shall, submit monthly and annual reports to the National Ganga
Council, National Mission for Clean Ganga and State Ganga Committee as directed
by National Mission for Clean Ganga within specified timelines.
(2) In addition to the annual
report referred to in sub-paragraph (1), the District Ganga Committee shall
furnish to the National Mission for Clean Ganga at such time and in such form
and manner it may direct to furnish such other returns, statements and other
particulars in regard to any proposed or existing programme for the River Ganga
Basin Plan for the abutting area in the specified District.
Order - 60. Budget allocation.
The National Mission for
Clean Ganga shall consolidate and prepare the budget requirement and submit the
same to [9][the
Department of Water Resources, River Development and Ganga Rejuvenation].
Order - 61. Direction by Central Government.
Notwithstanding anything
contained in this Order, it shall be lawful for the Central Government to issue
directions in writing to the Ministries or Departments of the Government of
India, or the State Government or the State Ganga Committees, the National
Mission for Clean Ganga or District Ganga Committees, or local authority or
other authority or statutory bodies or any of its officers or employees, as the
case may be, to facilitate or assist in the rejuvenation, protection and
management of River Ganga and its tributaries in such manner as it may direct,
and such Ministry or Department or Authority or Mission or Board, Committee or
Government or statutory body, officer or employee shall be bound to comply with
such directions.
Order - 62. Making of complaint under section 19 of the Act.
All the authorities constituted
under this Order or their officers authorised by such authorities may make
complaint before the court under section 19 of the Act for taking cognizance of
any offence under the said section.
Order - 63. Order to be in addition to other laws.
The provisions of this
Order are without prejudice to the discharge of functions by any local
authority or other authority or Board or corporation or any person for taking
measures for the purposes of effective abatement of pollution and rejuvenation
of the River Ganga and its protection and management and any other law for the
time being in force.
SCHEDULE
[See
paragraph 20]
COMPOSITION OF STATE GANGA COMMITTEES
Serial No. |
Name of the State Ganga Committee |
Composition of the State Ganga
Committees |
(1) |
(2) |
(3) |
1. |
(Name) State Ganga Protection and
Management Committee |
(a) Chief Secretary, Government of
State of (Name) - Chairperson, ex-officio; |
|
|
(b) Principal Secretary, Department
of Finance, Government of State of (Name) - Member, ex-officio; |
|
|
(c) Principal Secretary, Department
of Urban Development and Housing, Government of (Name) - Member, ex-officio; |
|
|
(d Principal Secretary, Department of
Environment and Forests, Government of State of (Name) - Member, ex-officio |
|
|
(e) Principal Secretary, Department
of Water Resources, Government of State of (Name) - Member, ex-officio; |
|
|
(f) Principal Secretary, Department
of Public Health Engineering, Government of State of (Name) - Member,
ex-officio |
|
|
(g) Chairman, (Name) State Pollution
Control Board - Member, ex-officio; |
|
|
(h) Chief Executive Officer of
executing agency in the State of (Name) - Member, ex-officio; |
|
|
(i) Principal Chief Conservator of
Forests, Government of State of (Name) - Member, ex-officio; |
|
|
(j) not more than five experts from
relevant fields to be nominated by the Government of (Name) - Members |
[1] Subs. for “MINISTRY OF
WATER RESOURCES, RIVER DEVELOPMENT, AND GANGA REJUVENATION” by S.O. 3163(E),
dated 2-9-2019 (w.e.f. 2-9-2019).
[2] Subs. for “Ministry of
Water Resources” by S.O. 3163(E), dated 2-9-2019 (w.e.f. 2-9-2019).
[3] Subs. by S.O. 3163(E),
dated 2-9-2019 (w.e.f. 2-9-2019).
[4] Subs. for “the Ministry of
Water Resources, River Development and Ganga Rejuvenation” by S.O. 3163(E),
dated 2-9-2019 (w.e.f. 2-9-2019).
[5]
Subs. by S.O. 3163(E),
dated 2-9-2019 (w.e.f. 2-9-2019). Prior to substitution it read as:
“(a) Union Minister for Water
Resources, River Development and Ganga Rejuvenation |
- Chairperson, ex-officio; |
(b) Union Minister of State for Water
Resources, River Development and Ganga Rejuvenation |
- Vice-Chairperson, ex-officio; |
(c) Secretary in the Ministry of
Water Resources, River Development and Ganga Rejuvenation |
- Member, ex-officio” |
[6] Subs. for “the Ministry of
Water Resources, River Development and Ganga Rejuvenation” by S.O. 3163(E),
dated 2-9-2019 (w.e.f. 2-9-2019).
[7]
Subs. by S.O. 3163(E),
dated 2-9-2019 (w.e.f. 2-9-2019). Prior to substitution it read as:
“(b) |
Joint Secretary, Ministry of Water
Resources, River Development and Ganga Rejuvenation |
Member, ex-officio |
(c) |
Joint Secretary, Ministry of Urban
Development |
Member, ex-officio” |
[8] Subs. for “any local
authority, as the Chairperson of the District Ganga Committee” by S.O. 1793(E),
dated 21-5-2019 (w.e.f. 22-5-2019).
[9] Subs. for “the Ministry of
Water Resources, River Development and Ganga Rejuvenation” by S.O. 3163(E),
dated 2-9-2019 (w.e.f. 2-9-2019).