Complaints as to interference with water supplies

“130.  If it appears to the Government of any Governor’s Province or to the Ruler of any Federated State that the interests of that Province or State, or any of the inhabitants thereof, in the water from any natural source of supply in any Governor’s or Chief Commissioner’s Province or Federated State, have been, or are likely to be affected prejudicially by –

(a)  any executive action or legislation taken or passed, or proposed to be taken or passed; or

(b)  the failure of any authority to exercise any of their powers.

With respect to the use, distribution or control of water from that source, the Government or Ruler may complain to the Governor General.

Decision of complaints

131. (1) If the Governor-General receives such a complaint as aforesaid, he shall, unless he is of opinion that the issues involved are not of sufficient importance to warrant such action, appoint a Commission consisting of such persons having special knowledge and experience in irrigation, engineering, administration, finance or law, as he thinks fit, and request that Commission to investigate in accordance with such instructions as he may give to them, and to report to him on, the matters to which the complaint relates, or such of those matters as he may refer to them.

(2) A commission so appointed shall investigate the matters referred to them and present to the Governor-General a report setting out the facts as found by them and making such recommendations as they think proper.

(3) If it appears to the Governor-General upon consideration of the Commission’s report that anything therein contained requires explanation, or that he needs guidance upon any point not originally referred by him to the Commission, he may again refer the matter to the Commission for further investigation and a further report.

(4) For the purpose of assisting a Commission appointed under this section in investigating any matters referred to them, the Federal Court, if requested by the Commission so to do; shall make such orders and issue such letters of request for the purposes of the proceedings of the Commission as they may make or issue in the exercise of the jurisdiction of the court.

(5) After considering any report made to him by the Commission, the Governor-General shall give such decision and make such order, if any, in the matter of the complaint as he may deem proper:

Provided that if, before the Governor-General has given any decision, the Government of any province or the Ruler of any State affected request him so to do, he shall refer the mater to His Majesty in Council and His Majesty in Council may give such decision and make such order, if any, in the matter as he deems proper.

(6) Effect shall be given in any Province or State affected to any order made under this section by His Majesty in Council or the Governor-General and any Act of a Provincial Legislature, or of a State which is repugnant to the order shall, to the extent of the repugnancy, be void.

(7) Subject as hereinafter provided the Governor-General on application made to him by the government of any Province, or the Ruler of any state affected, may at any time, if after a reference to, and report from, a Commission appointed as aforesaid he considers it proper so to do, vary any decision or order given or made under this section:

Provided that, where the application relates to a decision or order of His Majesty in Council and in any other case if the Government of any Province or the Ruler of any state affected request him so to do, the Governor-General shall refer the matter to His Majesty in Council and His Majesty in Council may, if he considers proper to do, vary the decision or order.

(8) An order made by His Majesty in Council or the Governor-General under this section may contain directions as to the Government or persons by whom the expenses of the Commission and any cost incurred by any Province, State or persons in appearing before the Commission are to be paid, and may fix the amount of any expenses or costs to be so paid, and so far as it relates to expenses or costs, may be enforced as if it were an order made by the Federal Court.

(9) The functions of the Governor-General under this section shall be exercised by him in his discretion.

Interference with water supplies of Chief Commissioner’s Province.

132. If it appears to the Governor General that the interests of any Chief Commissioner’s Province or of any of the inhabitants of such a province, in the water from any natural source of supply in any Governor’s Province or Federated State have been or are likely to be affected prejudicially by -

(a) any executive action or legislation taken or passed or proposed to be taken or passed; or

(b) the failure of any authority to exercise any of the powers,

with respect to the use, distribution or control of water from that source, he may, if he in his discretion thinks fit, refer the matter to a Commission appointed in accordance with the provisions of the last preceding section and thereupon those provisions shall apply as if the Chief Commissioner’s Province were a Governor’s Province and as if a complaint with respect to the matter had been made by the Government of that Province to the Governor General.

Jurisdiction of Courts extended.

133. Notwithstanding anything in this Act, neither the Federal Court nor any other court shall have jurisdiction to entertain any action or suit in respect of any matter if action in respect of that matter might have been taken under any of the three last preceding sections by the Government of a Province, the Ruler of a State, or the Governor-General.

Ruler of State may exclude application of provisions as to water supply.

134. The provisions contained in this Part of this Act with respect to interference with water supplies shall not apply in relation to any Federated State the Ruler whereof has declared in his Instrument of Accession that those provisions are not to apply in relation to his State.”