Inter-State River Water Disputes Act, 1956

(1) This Act may be called the2[Inter-State River] Water Disputes Act, 1956. (2) It extends to the whole of India.

In this Act, unless the context otherwise requires,- (a) "prescribed" means prescribed by rules made under this Act; (b) "Tribunal" means a Water Disputes Tribunal constituted under section 4; (c) "water dispute" means any dispute or difference between two or more State Governments with respect to- (i) the use, distribution or control of the waters of, or in, any inter-State river or river valley; or (ii) the interpretation of the terms of any agreement relating to the use, distribution or control of such waters or the implementation of such agreement; or (iii) the levy of any water rate in contravention of the prohibition contained in section 7.

If it appears to the Government of any State that a water dispute with the Government of another State has arisen or is likely to arise by reason of the fact that the interests of the State, or of any of the inhabitants thereof, in the waters of an inter-State river or river valley have been, or are likely to be, affected prejudicially by- (a) any executive action or legislation taken or passed, or proposed to be taken or passed, by the other State; or (b) the failure of the other State or any authority therein to exercise any of their powers with respect to the use, distribution or control of such waters; or (c) the failure of the other State to implement the terms of any agreement relating to the use, distribution or control of such waters, the State Government may, in such form and manner as may be prescribed, request the Central Government to refer the water dispute to a Tribunal for adjudication.

3[(1) When any request under section 3 is received from any State Government in respect of any water dispute and the Central Government is of opinion that the water dispute cannot be settled by negotiations, the Central Government shall, within a period not exceeding one year from the date of receipt of such request, by notification in the Official Gazette, constitute a Water Disputes Tribunal for the adjudication of the water dispute: Provided that any dispute settled by a Tribunal before the commencement of the Inter-State Water Disputes (Amendment) Act, 2002 (14 of 2000) shall not be re-opened.] 1[(2) The Tribunal shall consist of a Chairman and two other members nominated in this behalf by the Chief Justice of India from among persons who at the time of such nomination are Judges of the Supreme Court or of a High Court.] 2[(3) The Central Government may, in consultation with the Tribunal, appoint two or more persons as assessors to advise the Tribual in the proceedings before it.] 1. The Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and First Schedule and to Pondicherry by Reg. 7 of 1973, s. 3 and First Schedule. The Act comes into force in Pondicherry on 1-10-1963 vide Reg. 7 of 1963, s. 3 and First Schedule. 2. Subs. by Act 14 of 2002, s. 2, for "Inter-State" (w.e.f. 28-3-2002). 3. Subs. by s. 3, ibid., for sub-section (1) (w.e.f. 28-3-2002).

(1) When a Tribunal has been constituted under section 4, the Central Government shall, subject to the prohibition contained in section 8, refer the water disputes and any matter appearing to be connected with, or relevant to, the water dispute to the Tribunal for adjudication. 3[(2) The Tribunal shall investigate the matters referred to it and forward to the Central Government a report setting out the facts as found by it and giving its decision on the mattes referred to it within a period of three years: Provided that if the decision cannot be given for unavoidable reasons, within a period of three years, the Central Government may extend the period for a further period not exceeding two years. (3) If,upon consideration of the decision of the Tribunal, the Central Government or any State Government is of opinion that anything therein contained requires explanation or that guidance is needed upon any point not originally referred to the Tribunal, the Central Government or the State Government, as the case may be, within three months from the date of the decision, again refer the matter to the Tribunal for further consideration, and on such reference, the Tribunal may forward to the Central Government a further report within one year from the date of such reference giving such explanation or guidance as it deems fit and in such a case, the decision of the Tribunal shall be deemed to be modified accordingly: Provided that the period of one year within which the Tribunal may forward its report to the Central Government may be extended by the Central Government, for such further period as it considers necessary.] 4[(4) If the members of the Tribunal differ in opinion on any point, the point shall be decided according to the opinion of the majority.]

6[(1)] The Central Government shall publish the decision of the Tribunal in the Official Gazette and the decision shall be final and binding on the parties to the dispute and shall be given effect to by them. 7[(2) The decision of the Tribunal, after its publication in the Official Gazette by the Central Government under sub-section (1), shall have the same force as an order or decree of the Supreme Court.]

(1) No State Government shall, by reason only of the fact that any works for the conservation, regulation or utilisation of water resources of an inter-State river have been constructed within the limits of the State, impose, or authorise the imposition of, any seigniorage or additional rate or fee (by whatever name called) in respect of the use of such water by any other State or the inhabitants thereof. (2) Any dispute or difference between two or more State Governments with respect to the levy of any water rate in contravention of the prohibition contained in sub-section (1) shall be deemed to be a water dispute.

Notwithstanding anything contained in section 3 or section 5, no reference shall be made to a Tribunal of any dispute that may arise regarding any matter which may be referred to arbitration under the River Boards Act,1[1956].

(1) The Tribunal shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents and material objects; 2[(ba) requisitioning of any data, as may be required by it;] (c) issuing commissions for the examination of witnesses or for local investigation; (d) any other matter which may be prescribed. (2) The Tribunal may require any State Government to carry out, or permit to be carried out, such surveys and investigation as may be considered necessary for the adjudication of any water dispute pending before it. (3) A decision of the Tribunal may contain directions as to the Government by which the expenses of the Tribunal and any costs incurred by any State Government in appearing before the Tribunal are to be paid, and may fix the amount of any expenses or costs to be so paid, and so far as it relates to expense or costs, may be enforced as if it were an order made by the Supreme Court. (4) 3[Subject to the provisions of this act and any rules that may be made there under], the Tribunal may, by order, regulate its practice and procedure. 1. Subs. by Act 36 of 1957, s. 2 and the Second Schedule, for "1955" (w.e.f. 17-9-1957). 2. Ins.by Act 14 of 2002, s. 6 (w.e.f. 28-3-2002). 3. Subs. by Act 35 of 1968, s. 5, for "Subject to any rules that may be made under this Act" (w.e.f. 22-8-1968). 4. Ins. by Act 14 of 2002, s. 7 (w.e.f. 28-3-2002). 5. Subs. by Act 35 of 1968, s. 6, for "The presiding officer of a Tribunal" (w.e.f. 22-8-1968).

5[The Chairman and other members of a Tribunal] and the assessors shall be entitled to receive such remuneration, allowances or fees as may be prescribed.

Notwithstanding anything contained in any other law, neither the Supreme Court nor any other Court shall have or exercise jurisdiction in respect of any water dispute which may be referred to a Tribunal under this Act.

The Central Government shall dissolve the Tribunal after it has forwarded its report and as soon as the Central Government is satisfied that no further reference to the Tribunal in the matter would be necessary.

(1) The Central Government, after consultation with the State Governments, may, by notification in the Official Gazette, make rules to carry out the purposes of this Act. (2) In particular, and without prejudice to the generally of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) the form and manner in which complaint as to any water dispute may be made by any State Government; (b) the matters in respect of which a Tribunal may be vested with the powers of a Civil Court; (c) the procedure to be followed by a Tribunal under this Act; (d) the remuneration, allowances or fees payable to1[the Chairman and other members] of a Tribunal and assessors; 2[(e) the terms and conditions of service of officers and assessors of the Tribunal;] (f) any other matter which has to be, or may be, prescribed. 3[(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days,4[which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid] both Houses agree in making any modification in the rule of both Houses agree that the rule should not be made, the rule shall thereafter have effect only in the modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

5[14. Constitution of Ravi and Beas Waters Tribunal.- (1) Notwithstanding anything contained in in the foregoing provisions of this Act, the Central Government may, by notification in the Official Gazette, a constitute a Tribunal under this Act, to be known as the Ravi and Beas Waters Tribunal for the verification and adjudication of the matters referred to in paragraphs 9.1 and 9.2, respectively, of the Punjab Settlement. (2) When a Tribunal has been constituted under sub-section (1), the provisions of sub-sections (2) and (3) of section 4, sub-sections (2), (3) and (4) of section 5 and sections 5A to 13 (both inclusive) of this Act relating to the constitution, jurisdiction, powers, authority and bar or jurisdiction shall, so far as may be, but subject to sub-section (3) hereof, apply to the constitution, jurisdiction, powers, authority and bar of jurisdiction in relation to the Tribunal constituted under sub-section (1). (3) When a Tribunal has been constituted under sub-section (1), the Central Government alone may suo motu or at the request of the concerned State Government refer the mattes specified in paragraphs 9.1 and 9.2 of the Punjab Settlement to such Tribunal. Explanation.-For the purposes of this section, "Punjab Settlement" means the Memorandum of Settlement signed at New Delhi on the 24th day of July, 1985.] 1. Subs. by Act 35 of 1968, s. 7, for "the presiding officer" (w.e.f. 22-8-1968). 2. Subs. by Act 14 of 2002, s. 8, for clause (e) (w.e.f. 28-3-2002). 3. Subs. by Act 35 of 1968, s. 7, for sub-section (3) (w.e.f. 22-8-1968). 4. Subs. by Act 45 of 1980, s. 3, for certain words (w.e.f. 27-9-1980). 5. Ins. by Act 20 of 1986, s. 2 (w.e.f. 2-4-1986).