Section 1 Short title and extent.
(1) This Act may be called the 1[Inter-State River] Water Disputes Act,1956.
(2) It extends to the whole of India.
Section 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 withrespect 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 controlof 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.
Section 3 Complaints by State Governments as to water disputes.
If it appears to the Government ofany State that a water dispute with the Government of another State has arisen or is likely to arise byreason of the fact that the interests of the State, or of any of the inhabitants thereof, in the waters of aninter-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 theother State; or
(b) the failure of the other State or any authority therein to exercise any of their powers withrespect 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 CentralGovernment to refer the water dispute to a Tribunal for adjudication.
Section 4 Constitution of Tribunal.
1[(1) When any request under section 3 is received from any StateGovernment in respect of any water dispute and the Central Government is of opinion that the waterdispute cannot be settled by negotiations, the Central Government shall, within a period not exceedingone year from the date of receipt of such request, by notification in the Official Gazette, constitute aWater Disputes Tribunal for the adjudication of the water dispute:
Provided that any dispute settled by a Tribunal before the commencement of the Inter-State WaterDisputes (Amendment) Act, 2002 (14 of 2000) shall not be re-opened.]
2[(2) The Tribunal shall consist of a Chairman and two other members nominated in this behalf by theChief Justice of India from among persons who at the time of such nomination are Judges of the SupremeCourt or of a High Court.]
3[(3) The Central Government may, in consultation with the Tribunal, appoint two or more persons asassessors to advise the Tribual in the proceedings before it.]
Section 5 Adjudication of water disputes.
(1) When a Tribunal has been constituted under section 4, theCentral Government shall, subject to the prohibition contained in section 8, refer the water disputes andany matter appearing to be connected with, or relevant to, the water dispute to the Tribunal foradjudication.
1[(2) The Tribunal shall investigate the matters referred to it and forward to the Central Government areport setting out the facts as found by it and giving its decision on the mattes referred to it within aperiod 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 StateGovernment is of opinion that anything therein contained requires explanation or that guidance is neededupon 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 theTribunal for further consideration, and on such reference, the Tribunal may forward to the CentralGovernment a further report within one year from the date of such reference giving such explanation orguidance as it deems fit and in such a case, the decision of the Tribunal shall be deemed to be modifiedaccordingly:
Provided that the period of one year within which the Tribunal may forward its report to the CentralGovernment may be extended by the Central Government, for such further period as it considersnecessary.]
2[(4) If the members of the Tribunal differ in opinion on any point, the point shall be decidedaccording to the opinion of the majority.]
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