Government of India Ministry of Water Resources (BM Division under PP Wing) Brief Note on Important Issues Likely to be Raised by in the Forthcoming Budget Secession of Parliament S. Content Page No. River basin Management Plan Scheme (RBMS) 1. 2 Inter State River Water Dispute (ISRWD) Act, 1956 2. 3-5 Proposal for the enactment of Dam Safety Bill 3. 6-7 8-9 4. River Basin Management Bill Status Note on Water Dispute Tribunal set up under Inter-State 5. River Water Dispute (ISRWD) Act, 1956. 10-16 Ganga Management Board 6. 17-18 Status cum progress of various proposals relating to inter-linking of 7. 19-30 rivers Special Committee for Inter Linking of River 8. 31-33 1. River basin Management Plan Scheme (RBMS) (i) Taking into account the recommendations of the Planning Commission Working Group for Water Major & Medium Irrigation and Command Area Development for the XII Five Year Plan (2012-2017), Ministry of Water Resources prepared a Central Sector Plan Scheme called “River Basin Management”. The Planning Commission had indicated an outlay of Rs. 1280 crore for the scheme for XII Five Year Plan. (ii) The original EFC proposal of River Basin Management Plan Scheme had four components namely, (1) Brahmaputra Board (2) Investigation of Water Resources Development Scheme (IWRDS) (3) Restructuring of CWC and (4) River Basin Organisation. (iii) In the EFC meeting on River Basin Management Scheme held on 9th April, 2013, out of four components of the original EFC proposal, the two components viz Restructuring of CWC and River Basin Organisation were advised to be excluded from the proposal and to be dealt with separately. Accordingly, a revised EFC proposal in respect of River Basin Management, containing only two components namely, (1) Brahmaputra Board and (2) Investigation of Water Resources Development Scheme was considered by EFC on 3rd October, 2013 and an outlay of Rs. 975 crore recommended. (iv) CCEA in its meeting dated 28.02.2014 has approved the RBMS with the total outlay of Rs 975 crore. (v) Accordingly, the approval of the scheme has been issued by the Ministry on dated 28.04.2014 with the concurrence of IFD and approval of Hon’ble Minister (WR). (vi) Expenditure of Rs 284 crore has been incurred till March, 2014. BE for the current financial year 2014-15 was 250 crore which have been reduced to Rs 160 Crore in the RE 2014-15. The expenditure made in the RBM in the current financial year till 31.1.2015 is Rs 103.29 crore. 2 2. Inter State River Water Dispute (ISRWD) Act, 1956 (i) The proposal of amendment to existing Inter- State River Water Disputes Act,1956 is under consideration of the Ministry. Draft Cabinet Note was circulated for inter-Ministry consultations on 16.11.2011 and comments of all the Ministries concerned were incorporated in the Draft Cabinet Note and same was sent to Ministry of Law Justice for vetting. After receiving the vetted Draft Cabinet Note (alongwith draft Bill) from M/o Law &Justice, the approval of Minister (WR) was sought and the Cabinet Note then referred to PMO and Cabinet Secretary for their comments on 31.8.2012. (ii) PMO vide its letter dated 09.11.2012 has directed this Ministry that matter required further scrutiny and consultations before it is taken up by Cabinet. Hence, the matter is being considered again by the Ministry. (iii) Persuent to the PMO advice, the Secretary (WR) has taken a meeting on 21.1.2013 of Irrigation Secretaries of States/ UTs in this regard. Modified draft was prepared on proposed amendments of ISRWD ACT (1956 ) on the basis of outcome of the said meeting of Irrigation Secretaries. The draft thus prepared was circulated in February, 2013 to the States / UTs for their comments. The comments received from States / U.Ts. were compiled in the draft amendment Bill and same along with the cabinet Note was sent to MoLJ in July, 2013. MoLJ has responded in 24.02.2014 and sent the modified draft Bill for confirmation of the MoWR. Same after the approval of the Hon’ble Minister (WR) was again sent to MoLJ for finalizing the vetting of Cabinet Note and the amendment Bill. (iv) MoLJ with the approval of their Hon’ble Minister has sent the vetted Draft Cabinet Note and the Amendment Bill to MoWR,RD &GR. (v) The Draft Note for the Cabinet was circulated to the concerned Ministries and the PMO on 14.1.2015 for seeking their comments. Comments from some of the Ministries have been received. (vi) In the mean time, on the clarifications/ quarries raised by the MoWR on the draft Bill, the Legislative Department, MoLJ has asked to have a policy decision on the issue in the Ministry of WR,RD&GR. Accordingly the matter was discussed on 5.3.2015 in the Chamber of Secretary (WR,RD &GR) and it has been decided to accommodate all the Members of the existing Tribunal below 70 years of age even if they are more than 08 in numbers in the new Tribunal and subsequently the as and when they retire, the number will be restricted to 08 finally . Further the seniority among the Members of the new Tribunal will be decided by the Chief Justice of India. The file is being processed in the Ministry for the approval of Hon’ble Minister and thereafter the file will be sent to MoLJ for modification in the draft amendment Bill. 3 STATEMENT OF EXISTING AND PROPOSED PROVISIONS FOR AMENDMENT OF INTER- STATE WATER DISPUTES ACT, 1956 S. Existing Provision Final Amendments Proposed No. 1. Separate Tribunal for each dispute Single Tribunal in place of multiple water disputes Tribunals. The dispute presently assigned to the existing Water Disputes Tribunals shall automatically stand transferred to the new Tribunal. 2. No age limit for Hon’ble Chairman Age limit of 70 year for Chairperson, Vice- and Members of the Tribunal Chairperson or other member. 3. At present there are five Tribunals The proposed Tribunal will consist of a for different water deputes and each Chairperson, Vice- Chairperson and not Tribunal consists of a Chairman and more than six members to be nominated two other members nominated by in this behalf, by the Chief Justice of India Chief Justice of India from among from amongst persons who at the time of persons who at the time of such such appointment are Judges of the nomination are Judges of the Supreme Court or of a High Court Supreme Court or of a High Court. (a) the jurisdiction of the Tribunal may be exercised by the Benches thereof; b) A Bench may be constituted by three members of Tribunal out of which the senior most shall preside over the Bench. (c) The Chairperson shall assign the dispute, when it is referred by the Central Government, to a Bench of the Tribunal for its adjudication. (d) Chairperson may assign more than one water dispute to a Bench. 4. Member of a Tribunal can not be In case of occurrence of a vacancy, the transferred to another Tribunal. work of that member shall be assigned by the Chairperson to any other member of In case of vacancy of Member, the the Tribunal till such vacancy is filled. hearing come to standstill till the vacancy is filled up. 5. Maximum time available to Tribunal Maximum time available to Tribunal to to forward to the Central forward to the Central Government a Government a report and decision report and decision under Section 5(2) is under Section 5(2) is five year. three year. 4 S. Existing Provision Final Amendments Proposed No. No time limit for forwarding further The maximum time line of one and a half report under section 5(3) of the Act. year has been proposed for forwarding further Report under section 5(3) of the Act. 6. Section(6) Section 6 The decision of the Tribunal, after The decision of the Bench of the Tribunal its publication in the Official shall be final and binding on the parties to Gazette by the Central Government the dispute and shall be given effect to by under sub-section (1) become final them and shall have the same force as an and binding on the parties to the order or decree of the Supreme Court dispute and have the same force as an order or decree of the Supreme Court. 7. The Central Government shall If the Bench of a Tribunal is left with no dissolve the Tribunal after it has cases involving water dispute to be forwarded its report and as soon as adjudicated, the Chairman and members the Central Government is satisfied of such Bench shall be deemed to have that no further reference to the vacated their office: Tribunal in the matter would be necessary. Chairperson of the Tribunal will continue in office even after all the Benches of the Tribunal are left with no case being available for adjudication. 5 3. Proposal for the enactment of Dam Safety Bill A comprehensive Draft Dam Safety Bill to provide for proper surveillance, inspection, operation and maintenance of all dams in India to ensure their safe functioning and to ensure uniform dam safety procedure which shall ensure national investment and benefits by safeguarding human life, livestock and property was prepared and earlier circulated to the State Governments for comments. The States have responded well to the Draft Bill and the erstwhile State of Andhra Pradesh Legislative Assembly adopted a Resolution on the 24th March, 2007 that the Dam Safety legislation should be regulated in the State of erstwhile State of Andhra Pradesh by an Act of Parliament.