REGISTERED NO. DL-33004/2001

The Gazette of India

EXTRAORDINARY

PART II — Section 2

PUBLISHED BY AUTHORITY

No. 7]

NEW DELHI, THURSDAY, MARCH 1,2001 / PHALGUNA 10,1922

Separate paging is given to this Part in order that it may be filed as a separate compilation.

LOK SABHA

The following Bill was introduced in Lok Sabha on 7th March, 2001:—

Box No. 18 OF 2001

A Bill further to amend the Inter-State Water Disputes Act, 1956.

BE it enacted by Parliament in the Fifty-second Year of the Republic of India as

follows:—

1. (7) This Act may be called the Inter-State Water Disputes (Amendment) Act, 2001.

(2) It shall come into force on such date as the Central Government may, by notification

in the Official Gazette, appoint

Short title and

commence-

ment

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Amendment of

section 1.

2. In section 1 of the Inter-State Water Disputes Act, 1956 (hereinafter referred to as

the principal Act), in sub-section (7), for the words "Inter-State", the words "Inter-State

River" shall be substituted

33 of 1956.

Amendment of

section 4.

3. In section 4 of the principal Act,—

(a) for sub-section (7), the following sub-section shall be substituted, namely:—

"(7) 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, 2001 shall not be re-

opened.";

(b) for sub-section (3), the following sub-section shall be substituted, namely:—

"(3) The Central Government may, in consultation with the Tribunal, appoint

two or more persons as assessors to advise the Tribunal in the proceedings

before it.".

Amendment of

section 5.

4. In section 5 of the principal Act, for sub-sections (2) and (5), the following sub-

sections shall be substituted, namely:—

"(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 matters 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.

(i) 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.".

Amendment of

section 6.

5. Section 6 of the principal Act shall be renumbered as sub-section (7) thereof

and after sub-section (7) as so renumbered, the following sub-section shall be inserted,

namely:—

"(2) The decision of the Tribunal, after its publication in the Official Gazette by

the Central Government under sub-section (7), shall have the same force as an order or

decree of the Supreme Court.".

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

6. In section 9 of the principal Act, in sub-section (/), after clause (b), the following

clause shall be inserted, namely:—

"(ba) requisitioning of any data, as may be required by it;".

Amendment of

section 9.

7. After section 9 of the principal Act, the following section shall be inserted, namely:—

Insertion of

new section

9A.

"9A. (/) The Central Government shall maintain a data bank and information

system at the national level for each river basin which shall include data regarding

water resources, land, agriculture, and matters relating thereto, as the Centra)

Government may prescribe from tune to time. The State Government shall supply me

data to the Central Government or to an agency appointed by the Central Government

for the purpose, as and when required.

Maintenance of

data bank and

information,

(2) The Central Government shall have powers to verify the data supplied by the

State Government, and appoint any person or persons for the purpose and take such

measures as it may consider necessary. The person or persons so appointed shall

have the powers to summon such records and information from the concerned State

Government as are considered necessary to discharge their functions under this

section.".

8. In section 13 of the principal Act, in sub-section (2), for clause (e), the following

clause shall be substituted, namely:—

"(e) the terms and conditions of service of officers and assessors of the

Tribunal;".

Amendment of

section 13.

THE GAZETTE OF INDIA EXTRAORDINARY

(PART B—

STATEMENT OF OBJECTS AND REASONS

The Inter-State Water Disputes Act, 1956 was enacted to provide for the adjudication

of disputes relating to waters of inter-State rivers and river valleys under article 2*62 of the

Constitution. However, a number of issues such as the time taken in setting up the tribunals

under the Act, the long time which is generally taken by the tribunals to adjudicate and give

awards and difficulties faced in their implementation, etc., have given rise to concern and

require remedial steps.

2. The Commission on Central-State Relations (Sarkaria Commission), in its report,

recommended amendments in the Inter-State Water Disputes Act, 1956. These

recommendations, inter alia, pertain to the adjudication of the disputes by the tribunals in a

time bound manner, to provide for effective implementation of their decisions and setting up

of a data bank and information system at the national level for each river basin. These

recommendations have been considered at length initially by the Sub-committee of the Inter-

State Council and then by its Standing Committee before being approved with certain

modifications by the Inter-State Council. Accordingly, it is now proposed to amend the

aforesaid Act on the above lines.

3. The Bill seeks to achieve the above objects.

NEW DELHI;

ARJUN CHARAN SETHI.

The 26th February, 2001.

PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117

OF THE CONSTITUTION OF INDIA

[Copy of letter No. 5/2/98-BM/Vol. Ill dated the 14th February, 2001 from Shri Arjun

Charan Sethi, Minister of Water Resources to the Secretary-General, Lok Sabha.]

The President, having been informed of the subject matter of the proposed Bill to

amend the Inter-State Water Disputes Act, 1956 and matters connected therewith recommends

the introduction of the Bill in Lok Sabha under article 117(1) of the Constitution and

consideration of the Bill under article 117(3) of the Constitution.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

FINANCIAL MEMORANDUM

The Bill contemplates that the Central Government shall maintain a data bank and

information system at the national level for each river basin. As the mechanism for setting up

of a data bank and information system has not been worked out, it is not feasible at this stage

to estimate the amount of expenditure involved to implement the provisions of the proposed

legislation.

2. In view of the aforesaid, the provisions of the Bill, if enacted and brought into

operation would involve expenditure of a recurring nature on the collection of data but

would not involve any other expenditure of a recurring or non-recurring nature.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 7 of the Bill inserts new section 9A in the Inter-State Water Disputes Act, 1956

which empowers the Central Government to make rules for the maintenance of a data bank

and information system for each river basin.

2. Clause 8 of the Bill seeks to empower the Central Government to make rules regard-

ing the terms and conditions of assessors of the Tribunal.

3. The matters in respect of which rules may be made are matters of procedure pr

administrative detail. The delegation of legislative power is, therefore, of a normal character.

G.CMALHOTRA,

Secretary-General

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MGIP(PLU)MRND—7O0OGI—19.04.2001.