The Government of Jharkhand on October 04, 2024, issued the Resolution for Standard Operating Procedure -cum-Guidelines for Nala Diversion for River/Sarita/Nala passing through the coal blocks allotted to different Govt. Institution/ Semi Govt. Institution/Private Institution/Other by Govt. of India.
In the light of the recommendation received by the committee, the Government of India issues Standard Operating Procedure-cum-Guidelines, imposing an undeclared procedure and requirement for diverting the water flow of river, stream, drain or natural water body within the State of Jharkhand passing through the coal blocks allotted to various government institutions/semi-government institutions/private institutions/others.
• In view of the mining operation being affected due to river, stream, drain or natural water body in the State of Jharkhand passing through the coal blocks allotted to various Government Institutions/Semi-Government Institutions / Private Institutions/ Others (Agency) by the Government of India, an application (along with Vesting Order issued by Ministry of Coal, Government of India, Approved Missisg Phan, and other documents related thereto) shall be submitted by the concerned Regency to the Water Resources Department for obtaining consent for diversion of water flow of the said river, stream, drain or natural water body.
• After obtaining preliminary consent on the proposed transfer proposal from the Regional Chief Engineer and Chief Engineer, Design, Comprehensive Planning & Hydrology, Ranchi and after approval of the departmental Secretary, the agency will get the Model Test done from Central Water and Power Research Laboratory, Pune or any Indian Institute of Technology, a reputed institute under the Ministry of Water Power, Government of India. On the basis of the said Model Test, the agency will prepare a detailed design report of the transfer proposal.
• In the meantime, the agency shall submit its report on the Model Sale and Detailed Project Report to the concerned regional. The proposal will be submitted to the department after obtaining consent from the Chief Engineer and Chief Engineer, Design, Integrated Planning and Hydrology, Ranchi. In the process of granting consent, the Chief Engineer, Design, Integrated Planning and Hydrology, Ranchi will especially ensure that after the diversion, there will be no adverse effect on the Hydraulic Permeability & Status of Regine of the fruit body passed down.
• For the referenced diversion, the No Objection Certificate will be issued to the agency after the approval of the departmental minister. The condition imposed in clause-74 will be an integral part of the No Objection Certificate and will be applicable to the agency. For this, it will be mandatory for the agency to submit an undertaking on the conditions mentioned above before issuing the No Objection Certificate.
• The implementation and execution of works related to the conversion will be done by the agency under the supervision of Regional Chief Engineer, Water Resources Department, Government of Jharkhand.
• For this, after issuance of No Objection Certificate, a detailed estimate of the scheme will be prepared on the basis of the scheduled rate applicable under Jharkhand State in the light of the provisions contained in the detailed project report by the agency and submitted to the Regional Chief Engineer, Water Resources Department, Government of Jharkhand and approval will be obtained.
• In view of the requirement of departmental manpower for supervision during the proposed scheme implementation period, recovery of amount as ceiling for the referenced work will be done by the Regional Chief Engineer in the light of the Scheme cum Finance Department (Finance Division), Jharkhand Government's Resolution No. Finance-7/Financial Control/1003/2011/3201/V., dated 04.11.2016.
• Thereafter, the agency can start the work after obtaining the permission of the Regional Chief Engineer, Water Resources Department, Government of Jharkhand. Before starting the work of the referred transfer plan, it will be mandatory to obtain the vetting of the executive draft from the Chief Engineer, Design, Comprehensive Planning and Hydrology, Ranchi. It will be mandatory to obtain the opinion regarding achieving the stability of the water stream after construction from the Regional Chief Engineer and Chief Engineer Design, Comprehensive Planning and Hydrology, Ranchi.
• The conversion proposal shall be clearly covered by the orders of the Ministry of Coal, Government of India, Jharkhand Irrigation Act, 1907 and any orders/instructions/guidelines/rules/bye-laws etc. issued by the competent authority of the Central/State Government in this regard in due course.
• Before the implementation of the construction plans for the said diversion, it will be mandatory for the agency to obtain the required statutory license, permit, permission, approval or consent and the necessary land acquisition, forestland clearance, environmental clearance etc. for the diversion from the competent authority. The water resource management agency concerned with the construction of the plans for the said diversion will have to do it at its own cost.
For further details, kindly refer to the notification provided below.
[File No.:- 3/PMC/Miscellaneous/642/2023.446]