The Punjab Termination of Agreement Act, 2004
Punjab Act No. 17 of 2004
Object & Reasons6
|Statement of Objects and Reasons. - No reliable and scientific study of the hydrological, ecological and sociological impact of large scale diversion of waters of rivers Ravi and Beas to a different basin contemplated by the Agreement dated 31st December, 1981 signed by Chief Ministers of Punjab, Haryana and Rajasthan had been undertaken. The total availability of waters in Ravi and Beas has been reduced to 14.37 MAF from 17.17 MAF (assumed under Agreement dated 31st December, 1981) as per the recent flow series of 1981-2002, which has drastically affected the basin areas within the Punjab. In the meantime, under the Yamuna Agreement dated 12th May, 1994 Haryana has been allocated 4.65 MAF of Yamuna water, which would be further augmented by the proposed Sarda Yamuna Link. Since the trans basin diversion contemplated under the Agreement dated 31st December, 1981 would adversely affect the interests of inhabitants of the basin areas within the State of Punjab and would also render 9 lakh acres of these areas dry and barren, it has become necessary, in public interest, to enact a law terminating this agreement and all other agreements relating to Ravi Beas waters and to discharge the Government of Punjab from all obligations under such agreements. Published by Punjab Government Gazette (Extraordinary), dated July 12, 2004, Page 1038.|
(a) "Ravi Beas Waters" means the waters of the rivers Ravi and Beas flowing or stored and available for distribution in any of the headworks 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.3. Termination. - Notwithstanding anything contained in any other law for the time being in force and any judgement, 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. 4. Discharge of obligations. - Notwithstanding anything contained in any other law for the time being in force and any judgement, decree, holder and decision of any Court, Tribunal or Authority, any obligation of the Government of Punjab arising from 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. 5. Protection of Existing usage. - Notwithstanding anything contained in Sections 3 and 4 of this Act, all existing and actual utilisations through the existing systems, shall remain protected and unaffected. 6. Protection for actions taken in good faith. - No suit, prosecution or 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. 7. Bar of jurisdiction. - No Civil Court shall have jurisdiction to entertain any suit or proceedings in respect of any matter arising under or connected with this Act. 8. Faithful execution of the provisions. - The Government and its officials shall faithfully and diligently give effect to the provisions and mandate of this Act. 9. Power to make rules. - (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 be 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. 10. Power to remove difficulties. - (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.