PUNJAB
TERMINATION OF AGREEMENTS ACT, 2004 THE PUNJAB TERMINATION OF AGREEMENTS ACT, 2004 [ Act No. 17 of 2004] [12th July, 2004] An Act to provide for terminating
and discharging the Government of Punjab from its obligations under the
Agreement dated 31st December, 1981 and all other agreements relating to the
waters of the rivers Ravi and Beas in public interest. Whereas, the State of
Punjab is proud of its position in the Indian Union and has equal concern for
its neighbours and as a sovereign authority, the State of Punjab considers it
its bounden duty to uphold the Constitution and the laws and to protect the
interests of its inhabitants; Whereas, what was known as
'Indus system' before the partition of the country, became irrelevant after
partition, since only three east flowing rivers namely, Ravi, Beas and Sutlej,
out of the six rivers constituting the said system remained within Indian
territory for its exclusive use; Whereas, while all the
three rivers, Ravi, Beas and Sutlej flow through the territory of the present
State of Punjab, none of them flow through either the State of Haryana or the
State of Rajasthan; Whereas, no part of
territories of the States of Haryana and Rajasthan falls within the basin areas
of the rivers Ravi and Beas; Whereas, even according to
the Irrigation Commission only 9,939 sq. km. of areas within Haryana fall
within the 'Indus Basin' (not within the Ravi and Beas basin), as against 50304
sq. km. areas within Punjab; Whereas, present
utilisation by Haryana is about 5.95 MAF of water (about 4.33 MAF from Sutlej
and about 1.62 MAF from Ravi and Beas); Whereas, Punjab's claim of
its share in Yamuna water has been turned down even though parts of Punjab fall
within Yamuna basin; Whereas, even though the
States of Haryana and Rajasthan are neither riparian nor basin States, they
have continued to utilise the waters of rivers Ravi and Beas; Whereas, the State of
Punjab as a good neighbour accepted such utilisations by the States of Haryana
and Rajasthan as usages 'by sufferance', but not as a matter of any recognition
of their rights; Whereas, the States of
Punjab, Haryana and Rajasthan entered into an agreement on 31st December, 1981
allocating 3.5 MAF of water to Haryana and 8.60 MAF of water to Rajasthan out
of the surplus flow of the rivers Ravi and Beas then estimated at 17.17 MAF
based on 1921--1960 flow series; Whereas, no reliable and
scientific study of hydrological, ecological and sociological impact of such
large scale trans-basin diversion from Punjab to Haryana and Rajasthan had been
undertaken; Whereas, diversion of water
on such a large scale from the donor deficit basin of Ravi and Beas to the
surplus basin of the Yamuna river is contrary to national water policy
guidelines; Whereas, such a huge
trans-basin diversion of water is likely to have permanent adverse impact on
the irrigation and other requirements within the basin areas of Punjab
rendering about 9 lakh acres of the basin areas dry and barren; Whereas, in the wake of
large scale militancy in Punjab, the Punjab Settlement was reached, which
however, remained unimplemented in letter and spirit; Whereas, the total
availability of waters in the rivers Ravi and Beas has reduced from 17.17 MAF
(assumed under the Agreement dated 31st December 1981) to 14.37 MAF as per the
flow series of 1981-2002; Whereas, under the Yamuna
Agreement dated 12th May, 1994, Haryana has been allocated 4.65 MAF of water
which will be further augmented by the Sarda Yamuna Link. Whereas, there is material
and substantial change in ground realities adverse to the interests of Punjab; Whereas, in the
circumstances, the terms of the said Agreement dated 31st December, 1981 have
become onerous, unfair, unreasonable and contrary to the interests of the
inhabitants of the Ravi Beas basin, who have lawful rights to utilise the water
of the rivers Ravi and Beas; Whereas, being conscious of
the legal position that the obligations' arising from an Agreement or a
contract do not fetter the powers of the Legislature to enact a law in public
interest; AND Whereas, in these
circumstances, it is expedient to enact a law in public interest and in the
interests of the inhabitants of the basin areas of the State of Punjab,
terminating the Agreement dated 31st December, 1981 and all other agreements
relating to Ravi Beas waters and to discharge the Government of Punjab from the
obligations thereunder; Be it enacted by the
Legislature of the State of Punjab in the Fifty-fifth Year of the Republic of
India as follows :-- (1)
This Act may be called the Punjab Termination of Agreements Act,
2004. (2)
It shall come into force at once. In this, Act, unless the
context otherwise requires,-- (a)
"Ravi Beas Waters" means the waters of the rivers Ravi
and Beas flowing or stored and available for distribution in any of the head
works in the territory of Punjab; (b)
"Agreements" means all Agreements relating to the Ravi
Beas waters including the Agreement dated 31st December, 1981 signed by the
Chief Ministers of the State of Punjab, Haryana and Rajasthan and (c)
"Government" means the Government of Punjab. Notwithstanding anything
contained in any other law for the time being in force and any judgment,
decree, order and decision of any Court, Tribunal or Authority, the Agreements shall
be deemed to have been terminated with effect from the respective date, they
were executed or made, as the case may be. Notwithstanding anything
contained in any other law for the time being in force and any judgment,
decree, order and decision of any Court, Tribunal or Authority, any obligation
of the Government of Punjab arising front the Agreement, shall be deemed to
have been fully discharged with effect from the respective date, they were
executed or made, as the case may be. Notwithstanding anything
contained in sections 3 and 4 of this Act, all existing and actual utilisations
through the existing system shall remain protected and unaffected. No suit, prosecution oxr
other legal proceedings shall lie against the Government or any person for
anything which is done in good faith or intended to be done in pursuance of
this Act or of any rule or order made thereunder. No Civil Court shall have
jurisdiction to entertain any suit or proceedings in respect of any matter
arising under or connected with this Act. The Government and its
officials shall faithfully and diligently give effect to the provisions and
mandate of this Act. (1)
The Government may, by notification in the Official Gazette, make
rules to give effect to the provisions of this Act. (2)
Every rule made under this section, shall he laid, as soon as may
be, after it is made, before the House of the State Legislature while it is in
session for a total period of ten days, which may be comprised in one session
or in two or more successive sessions and if, before the expiry of the session
in which it is so laid or the successive sessions as aforesaid, the House
agrees in making any modification in the rule or the House agrees 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 or omitted to be done under that rule. (1) If any
difficulty arises in giving effect to the provisions of this Act, the
Government may, by an order, in writing published in the Official Gazette, make
such provision not inconsistent with the provisions of this Act, as may appear to
be necessary for removing the difficulty : Provided that no such order
shall be made under this section after the expiry of a period of two years from
the date of commencement of this Act. (2)
Every order made under this section, shall be laid, as soon as may
be, after it is made, before the State Legislature, while it is in session for
a total period of ten days.
Preamble - PUNJAB TERMINATION OF AGREEMENTS ACT, 2004PREAMBLE