Chapter II CONSTITUTION, FUNCTIONS AND POWERS OF THE AUTHORITY

1. (1) The Government may, by notification in the Gazette, constitute with effect from such date as may be specified therein, an Authority to be called the Pampa River Basin Authority.
2. (2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property both movable and immovable and to contract and shall by the said name sue and be sued.

The Authority shall consist of the following members, namely:—

1. (a) Chief Minister, who shall be the Chairman of the Authority;
2. (b) Minister for Water Resources, who shall be the Vice-Chairman of the Authority;
3. (c) Secretary, Water Resources, who shall be the Member-Secretary of the Authority;
4. (d) Secretary, Revenue Department;
5. (e) Secretary, Forest Department;
6. (f) Secretary, Local Self Government Department;
7. (g) Secretary, Health Department;
8. (h) Secretary, Science and Technology and Environment Department;
   • (i) Secretary, Finance Department; (j)Secretary, Power Department;
9. (k) Secretary, Devaswom;
10. (l) Chairman, Kerala State Pollution Control Board;
11. (m) President, Travancore Devaswom Board;
12. (n) two experts having dexterity in the water-environment sector nominated by the Government;
13. (o) two members of the House of the People, nominated by Government representing the constituencies of the area through which the Pampa River passes;
14. (p) two members of the Legislative Assembly, nominated by Government, representing the legislative constituencies of the area through which the Pampa River passes;
15. (q) Presidents of the District Panchayats of Alappuzha, Pathanamthitta Districts; and
16. (r) two Presidents each nominated by Government from two Block Panchayats and two Village Panchayats of the area through which the Pampa River passes;

1. (2) The Member-Secretary shall exercise such powers and perform such functions as may be prescribed.
2. (3) The Authority may delegate any of its functions to the Member- Secretary or to the Executive Committee as it may deem fit.

(1) Notwithstanding anything contained in section 7, the nominated members shall hold office during the pleasure of the Government and their conditions of service shall be such as may be prescribed.

1. (2) Subject to the provisions of sub-section (1), every nominated member shall, unless their seats become vacant earlier by resignation, death or otherwise, hold office for a period of two years and shall be eligible for re- nomination.
2. (3) If a casual vacancy arises in the office of anyone who comes under clauses (o), (p), (q) and (r) of sub-section (1) of section 4, under which clause the vacancy of nominated place occurs, a person who comes under that clause may be nominated to that place by the Government and such nominated person shall continue to hold office only for the remaining term of office of that nominated person in whose place he was nominated and he would have continue to hold office as member unless that vacancy had not been occurred.
3. (4) Any nominated member may, at any time, resign his office by a resignation letter addressed to the Chairman of the Authority.

A person shall be disqualified for being nominated as, and for being, a member,—

1. (a) if he has been convicted and sentenced to imprisonment for an offence or offence in respect of environment which, in the opinion of the Government, involves moral turpitude; or
2. (b) if he is of unsound mind and is so declared by a competent court; or
3. (c) if he is an undischarged insolvent; or
4. (d) if he has been removed or dismissed from the service of the Central Government or the Government of Kerala or Corporation owned or controlled by the Central Government or the Government of Kerala or from the membership of the Authority; or (e)if he has directly or indirectly, by himself or by his partner, any share or interest in any work done by the order of the Authority or in any contract or employment with or under or by or on behalf of the Authority.

1. (1) The Government may remove a nominated member, if he,— (a)becomes subject to any of the disqualifications specified in section 6; or (b)refuses to act or becomes incapable of acting; or

(c)without obtaining leave of absence from the Authority,

absents from three consecutive meetings of the Authority; or

(d)in the opinion of the Government, has so abused his position as to render his continuance as member detrimental to the interest of the Authority.

1. (2) No order of removal of a nominated member under sub-section (1) shall be made unless such member has been given an opportunity of making representation against his removal.

The Authority shall have the following powers and functions, namely:—

(i)to formulate policies and projects for enabling the sustainable

development of water sources, reservoirs and water resources of the Pampa River and the scientific management for protecting the ecosystem containing various species and the environment with its genetic diversity; (ii)to co-ordinate the activities of various departments and agencies, of the projects under the plan for implementation; (iii)to take decisions relating to matters in the Pampa Action Plan and to implement the projects coming under the plan; (iv)to impose control or restriction on exploitation of natural resources

or encroachments which may have impact on water resources and the

reservoirs of the Pampa River;

1. (v) to receive grants, contributions and funds for the Authority; (vi)to undertake the project works by the Authority itself in case of failure by the Departments and other agencies; (vii)to appoint Committee from among its members for the disposal of any business of the Authority or for tendering advice on any matter pertaining to the functions of the Authority; (viii)to control the disposal of wastes or discharge of any industrial effluent or domestic effluent to the Pampa River in accordance with the provisions of the Water (Prevention and Control of Pollution) Act, 1974 (Central Act 6 of 1974) without proper treatment; (ix)to bring the contravention of the laws to the notice of the Authority concerned and to monitor the follow-up action;
2. (x) to control and to take steps including the prohibition in accordance with the existing laws on any activity which may cause pollution to the Pampa River and the river basins;
3. (xi) to do such other things which may be directly or indirectly connected with or incidental or conducive to the efficient administration for the protection of water sources and river basins of the Pampa River; and (xii)to implement appropriate campaigns and awareness programmes for conserving and making the Holy River Pampa pollution free.

1. (1) The Government shall appoint a Project Director who shall exercise such powers and discharge such duties under the Authority, as may be prescribed.
2. (2) The Authority may, with the prior approval of the Government and subject to such rules as may be prescribed, appoint such number of officers and employees as it deems necessary for the efficient discharge of its duties under this Act.
3. (3) The administrative expenses of the Authority, including the salaries, allowances etc. payable to the officers and employees of the Authority shall be met as provided under sub-section (1) of section 12. (4)The Office of the Authority shall be established at such place on the Pampa River Basin where most of the project works are centered.

1. (1) The Authority shall meet at such times and at such places and observe such procedure in regard to the transaction of business at its meeting, as may be provided by Regulations.
2. (2) The Member-Secretary shall convene the meetings of the Authority on the advice of the Vice-Chairman.
3. (3) The Chairman of the Authority shall preside over the meetings of the Authority and in the absence of the Chairman, the Vice-Chairman shall preside over the meetings.
4. (4) The quorum for the meeting of the Authority shall be one-third of the existing members and the decisions may be taken by simple majority of those present and vote in the meeting.
5. (5) The Authority shall meet at least once in three months.

1. (1) The Authority may constitute a Committee called the Executive Committee consisting of the following members, namely:—

(i)Secretary, Water Resources Department, who shall be the

Chairman of the Committee;

1. (ii) Chief Engineer, Project II, Irrigation Department, who shall be the Secretary of the Committee;
2. (iii) Secretary, Kerala State Pollution Control Board;
3. (iv) Managing Director, Kerala Water Authority; (v)Chief Conservator of Forests;
4. (vi) Chief Wildlife Warden;

(vii)Director, Science and Technology and Environment

Department;

1. (viii) Chairman, Kerala State Electricity Board; (ix)Chief Engineer (Irrigation and Administration), Irrigation Department; (x)Director, Centre for Water Resources Development and Management; and
2. (xi) One expert having dexterity in the water-environment sector nominated by the Government.

1. (2) Subject to the general supervision and control of the Authority, the management of the affairs of the Authority shall vest in the Executive Committee, which shall assist the Authority, as the Authority may require.
2. (3) The Authority, shall have the power to invite such number of non - Governmental organisations, technical experts and representatives of Local Self Government and environmental activists to the Executive Committee if it deems necessary for carrying out the functions of the Authority. The number of such representatives shall not exceed five at a time.
3. (4) The Executive Committee shall co-ordinate the working of the implementing agencies such as Water Resources Department, Kerala Water Authority, Travancore Devaswom Board, Local-self Government and other Local Institutions and other Agencies and initiate the construction works to be undertaken and facilitate the timely release of fund.