5Adjudication 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,upon consideration of the decision of the Tribunal, the Central Government or any State Government is of opinion that anything therein contained requires explanation or that guidance is needed upon 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 the Tribunal for further consideration, and on such reference, the Tribunal may forward to the Central Government a further report within one year from the date of such reference giving such explanation or guidance as it deems fit and in such a case, the decision of the Tribunal shall be deemed to be modified accordingly:
Provided that the period of one year within which the Tribunal may forward its report to the Central Government may be extended by the Central Government, for such further period as it considers necessary.]
2[(4) If the members of the Tribunal differ in opinion on any point, the point shall be decided according to the opinion of the majority.]
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1. Subs. by s. 4, ibid., for sub-section (2) (w.e.f. 28-3-2002).
2. Ins. by Act 35 of 1968, s. 3 (w.e.f. 22-8-1968).
- 1 Short title and extent
- 2 Definitions
- 3 Complaints by State Governments as to water disputes
- 4 Constitution of Tribunal
- 5 Adjudication of water disputes
- 5A Filling of vacancies
- 6 Publication of decision of Tribunal
- 6A Power to make schemes to implement decision of Tribunal
- 7 Prohibition of levy of seigniorage, etc
- 8 Bar of reference of certain disputes to Tribunal
- 9 Powers of Tribunal
- 9A maintenance of date bank and information
- 10 Allowances or fees for presiding officer of Tribunal and assessors
- 11 Bar of jurisdiction of Supreme Court and other courts
- 12 Dissolution of Tribunal
- 13 Power to make rules
- 14 Constitution of Ravi and Beas Waters Tribunal