Inter-State River Water Disputes Act, 1956
No: 33 Dated: Aug, 28 1956
THE INTER-STATE RIVER WATER DISPUTES ACT, 1956
ACT NO. 33 OF 1956
An Act to provide for the adjudication of disputes relating to waters of inter-State rivers and river valleys.
BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:—
1. Short title and extent.—(1) This Act may be called the Inter-State River Water Disputes Act, 1956.
(2) It extends to the whole of India.
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 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
3. Complaints by State Governments as to water disputes.—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.
4. Constitution of Tribunal.—(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.
(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.
(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.