INTER-STATE WATER DISPUTES ACT, 1956

S.1 Short title and extent

       (1) This Act may be called the1[Inter State River] Water Disputes.Act, 1956.
       (2) It extends2to the whole of India.
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       1. Substituted for "Inter-State" by the Inter-State Water Disputes (Amdt) Act 2002 w.e.f. 28.03.2002
       2. It has now been extended to the Union Territories of Dadra and Nagar Haveli and of Pondicherry by Regns. 6 of 1963 and 7 of 1963, respectively.

S.2 Definitions

       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 water 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.

S.3 Complaints by State Governments as to water disputes

       If it appears to the Government of any State that a water disputes 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

S.4 Constitution of Tribunal

       1 "(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 shall not be re-opened";)
       2 [(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.]
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Legal Commentary on Section 4 of the Inter-State Water Disputes Act, 1956

Introduction

The Inter-State Water Disputes Act, 1956 was enacted to provide a mechanism for the adjudication of disputes relating to the waters of inter-State rivers and river valleys. Section 4 specifically addresses the constitution of a tribunal to resolve such disputes, ensuring a structured approach to water resource management among states.

What Does Section 4 Say

Section 4 outlines the procedure for the constitution of a tribunal by the Central Government when a dispute arises between states regarding water resources. It mandates the establishment of a tribunal consisting of a chairman and two other members, all appointed by the Chief Justice of India.

Essential Ingredients

Tribunal Composition: The tribunal must consist of a chairman and two other members, all of whom are to be judges of the Supreme Court or High Courts.
Appointment Authority: The Chief Justice of India is responsible for the nomination of tribunal members.
Majority Opinion: If there is a difference of opinion among the tribunal members, the decision shall be made based on the majority opinion.

Scope of Section

Section 4 applies to any inter-state water dispute that cannot be resolved through negotiation. It provides a legal framework for the establishment of a tribunal to adjudicate such disputes, ensuring that the process is judicial rather than political.

Punishment for Section

Section 4 does not prescribe specific punishments; rather, it establishes a procedural framework for dispute resolution. Non-compliance with tribunal orders may lead to further legal actions under other relevant laws.

Legal Comments

Tribunal Mandate - The Central Government is mandated to constitute a tribunal under Section 4, reflecting the obligatory nature of the provision [Gandhi Sahitya Sangh Trust VS Union Of India].
Judicial Composition - The tribunal must consist of judges, ensuring that the adjudication process is handled by individuals with legal expertise [Fenn Walter VS Union of India].
Majority Rule - The decision-making process within the tribunal is based on majority opinion, which is crucial for resolving disputes efficiently .
Historical Context - The amendment in 1968 expanded the tribunal's composition from a single judge to a three-member panel, enhancing its capacity to handle complex disputes [Fenn Walter VS Union of India].
Central Government's Role - The Central Government plays a pivotal role in initiating the tribunal process, which underscores its responsibility in managing inter-state water disputes [00100026727].
Locus Standi - Only states involved in the dispute have the standing to approach the tribunal, as seen in various cases where third parties were denied participation [Gandhi Sahitya Sangh Trust VS Union Of India].
Judicial Review - The decisions of the tribunal are subject to judicial review, ensuring accountability and adherence to legal standards [STATE OF ORISSA VS GOVERNMENT OF INDIA].
Precedent Setting - The establishment of the Cauvery Water Disputes Tribunal under Section 4 has set a precedent for future inter-state water disputes [Rameshwara Jute Mills Limited VS Sushil Kumar Daga].
Dispute Resolution Framework - Section 4 provides a clear framework for dispute resolution, which is essential for maintaining inter-state relations and resource management .
Non-Reopening Clause - The provision that disputes settled before the 2002 amendment cannot be reopened adds a layer of finality to tribunal decisions .
Public Interest - The tribunal's decisions often reflect public interest considerations, balancing state needs with environmental and social impacts [KACHCHH JAL SANKAT NIVARAN SAMITI VS STATE OF GUJARAT].
Inter-State Cooperation - The tribunal mechanism encourages cooperation among states, fostering dialogue and negotiation [00100026727].
Implementation Challenges - Despite the framework, challenges remain in the implementation of tribunal awards, often leading to further disputes [STATE OF ORISSA VS GOVERNMENT OF INDIA].
Environmental Considerations - The tribunal's decisions must also consider environmental impacts, aligning with broader national policies on sustainable water management [00100026727].
Legislative Intent - The legislative intent behind Section 4 is to provide a fair and impartial mechanism for resolving disputes, reflecting the importance of water resources in India .
Role of Assessors - The provision allows for the appointment of assessors to aid the tribunal, enhancing its capacity to make informed decisions .
Judicial Independence - The requirement for judicial members ensures that the tribunal operates independently of political influences, which is crucial for fair adjudication [Fenn Walter VS Union of India].
Future Amendments - The evolving nature of water disputes may necessitate further amendments to the Act to address emerging challenges .
Public Participation - While the Act primarily focuses on state disputes, there is a growing call for greater public participation in water management decisions [KACHCHH JAL SANKAT NIVARAN SAMITI VS STATE OF GUJARAT].
International Standards - The tribunal's functioning aligns with international standards for dispute resolution, promoting best practices in water governance .

S.5 Adjudication of water disputes

       (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.
       1["(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 you consideration of the decision of the Tribunal, the Central Government or any State Gov

S.5(a) Filling of vacancies

       1[5A. Filling of vacancies.--
       If for any reason, a vacancy (other than a temporary absence ) occurs in the office of the Chairman or any other member of a Tribunal, such vacancy shall be filled by a person to be nominated in this behalf by the Chief Justice of India in accordance with the provisions of sub-section (2) of Section 4, and the investigation of the matter referred to the Tribunal may be continued by the Tribunal after the vacancy is filed and from the stage at which the vacancy occurred.]
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       1. Inserted by Inter-State Water Dispute (Amendment) Act, 1968 (35 of 1968), Section 4 (22-8-1968).

S.6 Publication of decision of Tribunal

       1 (1) The Central Government shall publish the decision of the Tribunal in the Official Gazette and the decision shall be given effect to by them.
       1 ["(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."]
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       1. Section 6 renumbered as Sub-section (1) and after sub-section (1) as so renumbered Sub-section (2) infected by the Inter-State Water Disputes (Amdt) Act 2002 w.e.f. 28-03-2002.

S.6(A) Power to make schemes to implement decision of Tribunal

       1[6A. Power to make schemes to implement decision of Tribunal.--
       (1) Without prejudice to the provisions of Section 6, the Central Government may, be notification in t he Official Gazette, frame a scheme or scheme whereby provision may be made for all matters necessary to give effect to the decision of a Tribunal.
       (2) A scheme framed under sub-section (1) may provide for--
       (a) the establishment of any authority (whether described as such or as a committee or other body) for the implementation of the decision or directions of the Tribunal;
       (b) the composition, jurisdiction, powers and functions of the authority, the term of office and other conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, the membe

S.7 Prohibition of levy of seigniorage, etc

(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 authorize 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.

S.8 Bar of reference of certain disputes to Tribunal

       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].
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       1. Substituted for " 1995" by the Repealing and Amending Act, 1957(XXXVI of 1957), Section 3 and Schedule II (17-9-1957).

S.9 Powers of Tribunal

       (1) The Tribunal shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 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 materials objects;
       (c) issuing commissions for the examination of witness 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.
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S.9(a) maintenance of date bank and information

       1 ["9A.. maintenance of date bank and information.--
       (1) 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 relation thereto, as the Central Government may prescribed form time to time. The State Government shall supply the date to the Central Government or to an agency appointed by the Central Government for the purpose and when required.
       (2) The Central Government shall have powers to verify the data supplied by the State Government and appoint any person or person 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

S.10 Allowances or fees for presiding officer of Tribunal and assessors

       1[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.
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       1. Substituted for certain words by Act 35 of 1968, Section 6 (22-8-1968).

S.11 Bar of jurisdiction of Supreme Court and other courts

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.

S.12 Dissolution of Tribunal

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.

S.13 Power to make rules

       (1) The Central Government, after consultation with the State Government, 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;
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S.14 Constitution of Ravi and Beas Waters Tribunal

       1[14. Constitution of Ravi and Beas Waters Tribunal.--
       (1) Notwithstanding anything contained 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 Section 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-se tion (3) hereof, apply to the constitution, jurisdiction powers, authority an