Supplemental Agreements of 1970

Agreement Amending the Periyar Lease Deed of 1886

dated 29^th May 1970

This Agreement is executed on this the twenty ninth day of May One thousand nine hundred and seventy BETWEEN the Governor of Kerala (hereinafter referred to as 'the Government of Kerala' which expression shall, where the context so admits, include his successors in office and assigns) of the one part and the Governor of Tamil Nadu (hereinafter referred to as 'the Government of Tamil Nadu' which expression shall, where the context so admits, include his successors in Office and assigns) of the other part.

WHEREAS by a lease deed executed on the twenty ninth day of October One thousand eight hundred and eighty six (hereinafter referred to as 'the Principal Deed') certain properties in the erstwhile State of Travancore were leased out to the Government of the erstwhile province of Madras in connection with the Periyar Irrigation Project subject to the terms, conditions and covenants therein contained;

WHEREAS the rights, liabilities and obligations of the parties under the Principal Deed have devolved on the Government of Kerala and the Government of Tamil Nadu they being successors in interest;

WHEREAS the Government of Tamil Nadu have agreed to surrender to the Government of Kerala their rights of fishing in, over and upon the waters, tanks and ponds in the land comprised in the said lease hold and also to revise the conditions in the Principal Deed regarding the rate of acreage rent in the manner herein mentioned;

WHEREAS the parties hereto are desirous to amend the Principal Deed in order to give effect to this agreement;

AND WHEREAS These presents are supplemental to the Principal Deed;

NOW THESE PRESENTS WITNESS and the parties hereto mutually agree as follows:-

1.       The principal deed shall be read and construed as if:-

(a)     Clause 6 therein, namely;

“Sixthly the Right of Fishing in, over and upon such waters, tanks and ponds as now are or shall during the term hereby granted be upon or within any of the demised lands” is deleted;

(b)     in Clause 7, for the word “Seventhly” occurring at the beginning of the clause the word “Sixthly” is substituted.

(c)     In Clause 7, the words “yielding and paying therefor by the same being deducted from the tribute from time to time payable by the lessor to the Government of India or Madras the yearly rent of forty thousand rupees of British India commencing from the day on which the waters of the said Periyar river now flowing into the said territory of Travancore shall by means of the said works be diverted and shall flow into British territory, the first of such payments to be made at the expiration of twelve calendar months from such last mentioned date and yielding and paying from the date from which the said yearly rent of forty thousand rupees of British India shall become payable and over and above the same the further yearly rent (herein after called acreage rent) after the rate of five rupees for of British India currency for every acre and so in proportion for a less quantity of the lands hereby demised and granted which on the completion of the said works shall be found on measurement to be included within the said contour line in excess of the said area of eight thousand acres the first of such payments of acreage rent to be made at the time and place when and where the said yearly rent shall become payable as hereinbefore provided and the lessee doth hereby covenant with the lessor that the lessee will pay to the lessor the several rents herein before reserved at the times hereinbefore appointed by allowing the same to be deducted from the tribute from time to time payable by the lessor as aforesaid” shall be deleted and in their place the following words shall be substituted, namely – “and the lessee doth hereby covenant with the lessor that the lessee will pay to the lessor yearly rent at the rate of Rs.30 (Rupees thirty only) for every acre of the said lands demised and granted within the said contour line including the 8,000 acres referred to in clause one and the first of such payment of yearly rent be made at the expiration of twelve calendar months from the due date of payment in the year one thousand nine hundred and sixty nine as per the Principal Deed and the lessee doth hereby covenant with the lessor that the rent alone herein mentioned shall be subject to revision once in every thirty years from the twenty ninth day of May one thousand nine hundred and seventy at such rate as may be mutually agreed upon and the lessee doth hereby covenant with the lessor that the lessee will pay to the lessor the yearly rent hereinbefore reserved or at such revised rent as the case may be.”

(d)     the words “at the same yearly and acreage rent”, occurring after the words “will upon the request and at the expenses of the lessee forthwith execute and deliver to the lessee a renewed lease of the said premises for the further term of 999 years”; and before the words “and under and subject to the same covenant provisions” shall be deleted.

2.      The Government of Kerala agree to exercise the right of fishing in the lands demised under the Principal Deed without affecting in any way the irrigation and power rights of the Government of Tamil Nadu.

3.      Save as varied as aforesaid the Principal Deed and all the conditions and covenants thereof shall remain in full force and effect.

In witness whereof Shri K.P. VISWANATHAN NAIR, Secretary to Government of Kerala, Water and Power Department for and on behalf of the Governor of Kerala and Thiru K.S. SIVASUBRAHMANYAN, Secretary to Government of Tamil Nadu, Public Works Department for and on behalf of the Government of Tamil Nadu have hereunto set their hands the day and year first above written.

Signed by Shri K.P. VISWANATHAN NAIR, Secretary to Government of Kerala, Water and Power Department.

In the presence of witnesses:-

1.                 R.GOPALASWAMY,
Secretary to Government of Kerala,

Public Works Department.

2.                 P. SANKUNNI MENON,

Secretary to Government of Kerala,

Law Department.

Signed by Thiru K. S. SIVASUBRAHMANYAN, Secretary to Government of Tamil Nadu, Public Works Department.

In the presence of witnesses:-

1.            THIRU R. RAMASUBRAMANIAN,

Secretary to the Government of Tamil Nadu,

Law Department.

2.            THIRU G. JAS,

Joint Secretary to the Government of Tamil Nadu, 

Public Works Department.

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Tamil Nadu- Kerala Agreement on

Periyar Hydro-Electric Scheme

-        Dated 29^th may 1970

-          

AGREEMENT made this the twenty-ninth day of May, one thousand nine hundred and seventy between the Governor of Kerala (hereinafter referred to as 'the Government of Kerala' which expression shall, where the context so admits, include his successors in office and assigns) of the one part and the Governor of Tamil Nadu (hereinafter referred to as 'the Government of Tamil Nadu' which expression shall, where the context so admits, include his successors in Office and assigns) of the other part.

WHEREAS an indenture was made on the twenty-ninth day of October, one thousand eight hundred and eighty six (hereinafter referred to as the “the principal deed”) between the Maharaja of Travancore and the then Secretary of State for India in Council demising certain territory and waters of the erstwhile Travancore State to the then Government of Madras in connection with the Periyar Irrigation Project;

AND WHEREAS a dispute that arose between the erstwhile Government of Travancore and the then Government of Madras on the issue whether the principal deed entitled the then Government of Madras to use the Periyar waters demised to them therein for generation of hydro-electric power was referred to an arbitration tribunal consisting of Sir David  Devadoss an Ex-Judge of Madras High Court, and M. R. R. Y. Dewan Bahadur V.S. Subramoniya Aiyer Avergal, an Ex-Dewan of the Travancore State and the arbitrators who could not agree, each gave a separate award and the case was, in consequence, referred to an umpire, Sir Nalini Ranjan Chatterjee, and the umpirein his award dated the twelfth May, one thousand nine hundred and forty one declared as follows:-

         i.            That, upon a construction of the principal deed, the lessee had the right to use the water for irrigation purposes only;

      ii.            That the lessee had no right to use the water for any purpose other than irrigation; and

   iii.            that supposing it was possible to use hydro-electric energy for carrying or distributing water or doing any other act in connection with irrigation, the lessee had the right to generate and use hydro electric energy for such irrigation purposes only;

AND WHEREAS with a view to arriving at a settlement on the question of utilizing the said Periyar waters for the generation of hydro-electric power also, the representatives of the erstwhile Government of Travancore-Cochin and the then Government of Madras had discussed the subject and had come to an agreement;

AND WHEREAS this deed is supplemental to the principal deed;

NOW these presents witness that the parties hereto have agreed in the manner following, that is to say:-

1)                The Government of Kerala hereby convey to the Government of Tamil Nadu the power rights in the said Periyar waters which, in the arbitration award of Sir Nalini Ranjan Chatterje dated the twelfth May, one thousand nine hundred and forty one were declared to vest in the erstwhile Government of Travancore and the Government of Tamil Nadu shall be at liberty to develop, at their own cost and for their exclusive benefit hydro-electric power for any purpose at the Periyar Power House from the waters of the Periyar river demised and granted to the then Government of Madras under the principal deed;

2)                The Government of Kerala hereby convey to the Government of Tamil Nadu full right, power and liberty to construct any headworks, tunnels, pumping installations, waterways, transmission, distribution and telephone lines, and such other appurtenances or works and camps for staff  and labor which the Government of Tamil Nadu decide upon as necessary to be constructed in the territory of the Government of Kerala in connection with the generation of hydro-electric power at the Periyar Power House in the manner aforesaid.

3)                a) The Government of Kerala hereby convey and demise the land measuring 42.17 acres in the territory of the said Government more fully described in the Schedule hereunder, to the Government of Tamil Nadu on the terms and conditions specified in the said schedule in connection with the construction of the works referred in clause 2.

b)    The Government of Kerala hereby agree to convey to the Government of Tamil Nadu for purposes of alteration, maintenance, operation and repair of the works relating to the aforesaid scheme, such land or lands as may be required by them in future for such period and subject to such terms and conditions as may be agreed upon between the two Governments.

4)                The Government of Kerala hereby convey and demise unto the Government of Tamil Nadu free way, leave and right and liberty of way and passage through and over the lands of the Kerala State for all officers, agents, servants and workmen and all vehicles as well as plant and machinery of the Government of Tamil Nadu or of the contractors engaged by them for the survey, construction, alteration, maintenance, operation or repair of the works mentioned in clause 2 or for all or any other purpose or purposes connected with the use and exercise of the rights, powers and liberties under this agreement by the Government of Tamil Nadu.

5)                The Government of Kerala agrees to afford all other reasonable facilities to the Government of Tamil Nadu for the construction, alteration, maintenance, operation and repair of the works referred to in clause 2.

6)                The Government of Kerala agree not to levy any tax on the Government of Tamil Nadu for all or any of the purposes connected with the powers, rights and liberties conveyed under this agreement or the use thereof by the Government of Tamil Nadu.

7)                In consideration of the conveyance of the power rights under clause 1, the Government of Tamil Nadu shall pay annually to the Government of Kerala an amount calculated at the following rate:

(i)               When the electrical energy generated by the Government of Tamil Nadu at the Periyar Power House does not exceed 350 million units in a year at Rs.12 (Rupees twelve) per K.W. year of electrical energy: and

(ii)            When the electrical energy generated at the said Power exceeds 350 million units in a year, at Rs.12(Rupees twelve) per K.W year upto 350 million units of electrical energy so generated, and at Rs.18 (Rupees eighteen) per K.W. year for the electrical energy generated in excess of 350 million units.

Note:- For the purpose of this clause K. W. year shall mean 8,760 units of electrical energy.

The first of such annual payments shall become due from the Government of Tamil Nadu to the Government of Kerala on the expiry of twelve months from the date on which the Government of Tamil Nadu begin to generate electrical energy from the Periyar waters at the Periyar Power House.  Each subsequent payment shall become due on the completion of every twelve months from the date on which the first annual payment becomes due as aforesaid. The Government of Tamil Nadu shall make the said annual payments referred to above to the Government of Kerala within thirty days from the date on which each such payment shall become due.

8)                The Government of Tamil Nadu agree to pay to the Government of Kerala reasonable compensation for any damage caused to any property adjoining the demised land by reason of the exercise by the Government of Tamil Nadu of the powers and rights conferred on them by this agreement.

9)                The procedure and other details connected with the implementation of the provisions of this agreement shall be agreed upon between the Tamil Nadu State Electricity Board and the Kerala State Electricity Board.

10)           Any dispute or difference arising between the Government of Kerala and the Government of Tamil Nadu touching these presents or anything herein contained or the interpretation thereof or the rights, duties or liabilities of either party in relation to the premises shall be referred to a single arbitrator to be mutually agreed upon by both the parties and the arbitrator’s decision thereon shall be final and binding on both the parties.

11)           Save as varied as herein before provided, the principal deed as amended on date by another agreement executed today and all terms and conditions thereof shall continue to be binding and in full force and effect.

12)           This supplemental deed shall be deemed to have taken effect on the thirteenth November, one thousand nine hundred and fifty four.

THE SCHEDULE

1)                Description of land conveyed – All that piece and parcel of land situated east of Kumil Village within the Kumily Panchayat area in Peermedu taluk measuring 42.17 acres, the land comprising of three plots bounded by the lands given below : 

	North S.No.	East S.No.	South S.No.	West S.No.	Area in acres
1. Plot No. 1 by the side of old shaft near Travellers Bangalow 2. Plot No. 2 by the side of new shaft. 3. Plot No.3 of 100 ft. width along the road connecting the pilot No.2 and the Madras Kerala State Boundary Total	42/1 28/3 & 29/1 overland	42/1 28/1	42/1 27/2 29/1	46/32 46/25 25/1 & 26/3	21.72 18.37 2.08 42.17

II. CONDITIONS

1)    The Government of Tamil Nadu shall, at their own cost demarcate the land conveyed to them by Government of Kerala.

2)    The Government of Tamil Nadu shall vacate and hand over possession of lands if any, not vacated as on twenty-nineth day of May, one thousand nine hundred and seventy to the Government of Kerala on or before the first July, one thousand nine hundred and seventy.

3)    After the thirtieth June, one thousand nine hundred and seventy the Govenrment of Tamil Nadu shall have no claim whatsoever either by way of ownership or otherwise on the buildings and other construction already existing, or raised and left by them in the said land, that Government being free to clear the said land of all structures constructed for works, and excavated stones, dumped before the aforesaid date.

4)    All rubbish dumped in the said lands shall become the property of the Government of Kerala after the first July one thousand nine hundred and seventy.

5)    The Government of Tamil Nadu shall have no right to the trees felled by them in the said lands and such trees shall, immediately after they are felled, be handed over to the Game Range Officer, Thekkady.

6)    The Government of Tamil Nadu shall have no right for the free use of any produce from the said lands or any of the surrounding forests.

7)    The officers of the Game Department of the Government of Kerala shall have full right and liberty to enter the said lands for purposes of inspection only.

8)    All residuary rights not specifically conferred on the Government of Tamil Nadu shall vest in the Government of Kerala.

In witness whereof K.P. Viswanathan Nair, Secretary to the Government of Kerala, Water and Power Department acting for and on behalf of and by the order and direction of the Governor of Kerala and Thiru. K.S. Sivasubramanyan,  Secretary to the Government of Tamil Nadu, Public Works Department acting for, and on behalf of and by the order and direction of the Governor of Tamil Nadu have hereunto set their hands.

Signed by the above named Shri K.P. Viswanathan Nair in the Presence of:	Signed by the above named Thiru K.S. Sivasubramanyan in the Presence of:
Witnesses	Witnesses
1.  P. SANKUNNI MENON, Secretary to Government of Kerala, Law Department, Trivandrum.	1.     I. ABDUL RAZACK Joint Secretary to the Government of Tamil Nadu, Public Works Department, Madras – 9.
a.   R.GOPALASWAMY, Secretary to Government of Kerala, Public Works Department, Trivandrum.	2.     S. VADIVELU Joint Secretary to the Government of Tamil Nadu, Law Department, Madras – 9.