;'1 j   ' ' ,  bill no 75 of 1980 the inter-state water disputes (amendment) bill, 1980 a billfurther to amend the inter-state water disputes act, 1956 be it enacted by parliament in the thirty-first year of the republic of india as follows:-1 this act may be called the inter-state water disputes (amend-short ment) act, 1980 title 33 of 1956 to as the principal act), after section 6, the fonowing section shall be inserted, namely:-5 2 in the inter-state water disputes act, 1956 (hereinafter referred inlertion of new lection 6a 10 "6a (1) without prejudice to the provisions of section 6, the central gttvernment may, by notifkatioft in the ofiidalgazette, frame a scheme or schemes whereby provision may be made for all  ten neceuary to give ~ffect 'to the d~ision of - tribunal (2) a scheme framed under subo;section (1) l'ml'y prome for-power to make schemes toimplemeat declaion oftrlbunal (a) the establ!shment of, any authority (whether described as such or as a committee or other body) for the implementation of tbe decision or directions of the tribunal; 15 (b) the coin;>osition, jurisdiction, powers and functions of the authority, the tt!l'1il of office and other conditions of service of, the procedure to· be followed by, and the manner of ftlllng vacancies among, the mcmi e'rs of the a\lthority~ (c) the holding of a minimum number of meetings of the authority every year, the quorum for such meetings and the pro cedure thereat; (d) the appointment of any standing, ad hoc or other com mittees by the authority; 5 (e) the employment of a secretary and other staff by the authority, the pay and allowances and other conditions of service of such staff; (1) the constitution of a fund by the authority, the amounts that may be credited to such fund and the elcpenses to which the i g fund may be applied; (g) the form and the manner in which accounts shall be kept by the authority; (h) the submission of an annual report by the authority of its activities; 15 (i) the decisions of the authority which shall be subject to review; (j) the constitution of a committee for makinr such review and the procedure to be followed by such committee; and (k) any other matter which may be necessary or ~roper for 20 the effective implementation of the decision or directions 01 the tribunal (3) in making provision in any scheme framed under sub-section (1) for the establishment of an authority for giving effect to the decision of a tril7unal, the central government may, having regard 25 to the nature of the jurisdiction, powers and functions required to be vested in such authority in accordance with such decision and all other relevant circumstances, declare in the· s;id ,scheme that· such authority shall, under the name specified in the said scheme, have capaeity to aequire, hold 8jld cuspbse of property, entel' into contracts, 30 sue and be sued and do all such acts as may be neoes~ary for the· pro  per exercise and discharge of its jurisdiction, powers and functions i (4) a soheme may empower the authority to make! with the i?revious approval of the central government, reaulations for giving effect to the purposes of the scheme 35 (5)' the central go\iernmed't may, by n8tiflcatioif· in the official gasettlj add-te, a!mencl; or vary any soheme·fl'ameq~urxlir"slib-section (i}~ (li) elv'ery scheme framed u11d~r tbls seret!mr sh1m i me effect notwithstanding anythidg contained in an~ law for the time being 40 in force (other than this act) or any instrument having effect by virtue of' any law other tha1l this aet (7) every scheme and every regulation made un_r a scheme shall be laid, as soon as may be after it is made befqre each house of parliament; while it is in cje88ion ft:1r" a ttlt!1' peribd of thirty days 45 which may be comprised in one _on or in two or ritbte succesl!live sessions, and' if, before the' e-"piry of i the se!!ion' irtttn'edtltely 'following the session 01' the u«"e~i\ff: ~s$iql\s to~ta; l:jbth houses agree in making any modification in the scheme or the regulation or both houses agree that the scheme or the regulation should not be made, the scheme 'or the regulation ·shall thereafter ·have -effect only in such modified form or be of no effect, as the case maybe; ito, hqwever, 5 that any such modification or annulment shall be with9ut pr~j~d:ife to the validity of anything previously done under that ~~e or regulation:" 3 in section 13 of the principal act, in sub-section (3), for the words which may be comprised in one session or in ~wo ~w;:c6!slive  ~jons amend· mentor aection 13 10 and if before the expiry of the sessipnin which it issoj,id ortl:1e~n illlll1ediately following", the words "which may be c:o~prhi~ in !~ile ,be6ision or in two or more sllccessive sessions, and ;if, beforetb,e expipy of the session immediately following the session or the suc~li!siv81!8ssi~  aforesaid" shall be substituted  statement of objects and reasonsthe inter-state water disputes act, 1956, provides for the constitution of tribunals for the adjudication of disputes relating to waters of inter-state rivers and river vnlleys section 6 of the act provides that the decision of a tribunal shall be final and binding on the parties to the dispute and shall be given effect to by them 2 the decision of the narmada water disputes tribunal constituted by the central government under the said act for the adjudication of the water dispute relating to the river narmada and the river valley thereof has revealed that the implementation of the decision of a tribunal under the act may involve the setting up ofa machinery for the purpose the decision of the narmada water di9:>utes tribunal envisages inter aha the setting up of an inter-state administrative authority, to be called the "narmada control authority", for the purpose of secur-ing compliance with the decision and for the constitution of a review committee with powers to review decisions of the said authority with respect to certain matters for the effective functioning of the said narmada control authority, it would be necessary to ensure that it can function as a distinct legal entity 3 it is, therefore, proposed to amend the act to include therein suitable provisions to enable the central government to frame a scheme or schemes to make provisions for all matters necessary to give effect to the decision of a tribunal constituted 'under the act 4 it is also proposed to amend section 13 of the act to change the provision therein as to laying of rules so as to bring it into conformity with the standard provision as recommend(!d by the committees on subordinate legislation 5 the bill seeks to achieve the above objects new delhi; the 20th march, 1980 a b ghani khan chaudhury ,' l:iub-section (1) of new section 6a which clause 2 of the bill seeks to ~nsert in the inter-state water disputes act, 1956, is for empowering the central government to frame a scheme or schemes whereby provision may be made for all matters necessary to give effe'ct to the deci&ion 01 a tribunal under the act such provisions would include the setting up of an authority or a committee, the employment of a secretary and other staff by such authority, etc the intention is that all the expenses involved in the implementation of the decision of a tribunal under the act should be borne by the state cklvernments who have to give efiect to such decision under section 6 of the act however, as in the case of the review committee recommended by the narmada water disput~ tribunal, some of the union ministers and some of the officers of the central government would be associated with the implementation of the decision of the tribunal under the act and such persons may be members of the authorities or other committees constituted under sub-section (1) of the said new section 6a the expenditure 011 the travelling and daily allowances of such union ministers and officers of the central government wi1l de borne by the central government 40m out of the consolidated fund of india it is not possi~le to precisely estimate the expenditure that will be incurred on this account as that will depend on the number of such ministers and officers who will be associated and the number of occasions and the periods of time for which they may be so assooiated however, it is anticipated that the expenditure on this account which will be of a recurring nature, is not likely to exceed rupees ten thousand per annum the bill will not involve any other expenditure of a recurring or non-recurring nature clause 20f the biil seeks to insert a 'new section 6a'in the 1nter~'state water disputes act, 1956, 'so as to enable the central government to frame a scheme or s(:hemes whereby qfovision may be made for all matters necessary to give effect to the decision of a tribunal constituted tm'dertbe act 2 -sub~tion (2) of this new section 6a enumerates the matters in respect of 'which a scheme may be framed by the central government such matters, inter alia, relate to the establishment o~ an authority for the implementation of the decision or diredions of the -tribunal, the composition, jurisdiction, powers and functions of such authority, the holding of a minimum number of meetings of the authority every year, the quoft1m  for such m~etings, the employment of a secretary and other natl by the authority, the pay and allowances and other conditions of· service of su'chstatf and other necessary and incidental matters sub-section (3) of the 'new section 6a seeks to empower the central government to make provisions in a scheme framed under sub-section (1) of that section for empowering an authority established under the scheme to 'have, under the name of that authority as spcified in the scheme, capacity to acquire, hold and dispose of :?roperty, enter into contracts, sue and be sued and do all such acts as may be necessary for the proper exercise and discharge of its jurisdiction, powers bnd functions sub-section' (4) of' the new section 6a empowers an authority established under a scheme' framf!d under sub:section (1) of that section to make, with the previous approval of the central government, flegulations for giving effect to' the purposes of that scheme 3 the matters referred to in sub-section (2) of the new section 6a and the matters in respect of which regulations may be made under subsection (4) of the said new section 6a are matters of procedure or detail the delegation of legislative power under these provisions is thus of a normal character the conferment, under sub-section (3) of the new section 6a, of the capacity to acquire, hold and dispose of property, enter into contracts, etc, on an authority established under a scheme framed under sub-section (1) is necessary for the effective functioning of such 8uthority the guidelines which have to be borne in mind by the central government before conferring such authority have been ~elt out in the said sub-section (3) and the central government will have to, in conferring any such capacity on an authority, take into account the jurisdiction, powers and 1unctions required to be vested in such authority in accordance with the decision of the tribunal concerned in the circumstances, the delegation of legislative power under sub-section (3) is also of, a nor· mal character 4 it may also be mentioned that sub-section (7) of the new section 6a provides for the laying of the schemes and regulations framed under the said section before parliament for 8crutiny  annexure extract from the inter-state water disputes act, 1956oj! (33 of 1956) - 13 (1) - - • - • - • - power to make rules (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, which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such 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 a bill further to amend the inter-state water disputes act, 1956 (shri a b a ghani khan chauclhury, minister c1j energy and irrigation                                  and coal)                                                                                                                          j 