The Arunachal Pradesh Protection of Drinking Water Catchment Areas Act, 2023

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The Arunachal Pradesh Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 112, Vol. XXX, Naharlagun, Friday, April, 28 2023, Vaisakha 8, 1945 (Saka)
GOVERNMENT OF ARUNACHAL PRADESH
LAW LEGISLATIVE AND JUSTICE DEPARTMENT
CIVIL SECRETARIAT
ITANAGAR
NOTIFICATION
The 27th April, 2023
No. LaWLegn-4/2023.- The following Act of the Arunachal Pradesh LegislativeAssembly
which was passed in the Eleventh Session of the Seventh Legislative Assembly and received
the assent ofthe Governor ofArunachal Pradesh is hereby published for general jnformation.
(Received the assent ofthe Governor on 15th April, 2023)
THE ARUNACHAL PRADESH PROTECTION OF DRINKING WATER
CATCHMENTAREAS ACT, 2023
(ACT NO. 5 OF 2023)
An
Act
to provide for the protection of Drin4ing Water Catchment areas with a view to preseve
drinking water sources and to make provisions for the same and mafter connected therewith
and incidental to there.
WHEREAS, water is one of the most vital elements tO human life and community;
AND WHEREAS, drinking water sources in the hill areas are dwjndling due to denudation
and unwanted human activities in the catchment areas.
AND WHEREAS, it has become necessary to take regulatory measures to protect and
improve the environment and the catchment areas and thereby preserve the drinking water
sources therein and augment the yield of drinking water from such sources, springs, streams
and rivulets;
88, it enacted by the Legislature ofthe state ofArunachar pradesh in seventy - fourth year
of the Republic of lndia as follows :-
1. (1) This Act may be called the Arunachal pradesh protection of
Drinking Water Catchment Areas Act, 2023.
(2) lt shall extend to the whote of the State ofArunachal pradesh.
(3) lt shall come into force on the date of its publication in the Official
Gazette.
2. ln this Act, unless there is anything repugnant in the sub,ect or context_
(a) 'Act' means the Arunachal pradesh protection of Drinking water
Catchment Areas Act, 2023 ;
(b) 'Advisory Board' means the ,Arunachat pradosh Drinking Water
Catchment AreaE Advisory Board (APDWCAABI constituted
under section 3:
Short title,
extent and
commence-
menls.
Definitions
,,
2 The Arunachal Pradesh Extraordinary Gazette, Apil 2q ZOZ3
(c)
(d)
(e)
(0
Note
(s)
(h)
(D
0)
(k)
(t)
(m)
(n)
(o)
'Competent Authority' means the CompetentAuthority appointed under
section 18 of the Act;
'Dependency of a livolihood' means no other alternative source of
income for sustenance of a family or a community;
'District Board' means the 'Dbtrict Ddnking Water Catchment Area
Protoction Board (DDWCAPB)'constttuted under section 5 of the Act;
'DrinkilB Wator c.tchment Area' means an area where springs,
streama, rivulets, lakes, glaciersbnd water sources originate and seNe
as a potentialsource of perenniel flow of water;
: Drinking Water Catchment Area can be categorized into 'Critical
Catchmont Area', 'Sub-Critical Catchment Area' and ,Non-Critical
CatchmentAFe'in terms of threat pertaining to the water availability in
the source as dEfined under section 11 (2) (a), (b) and (c)i
'Executive Committee' means.the'District Executive Committee
for Drinklng Water Catchment Areas Protection (DECDWCAp)'
constjtuted under section 7 of the Act;
'Govemment'means the Government of the Slate ofArunachalPradeshi
'Land Owne/ means an individualor a community holding the ownership
rights conferred through ancestral inheritance or through a Land
Possession Certificate (LPC);
Explanation : 'Land'for the purpose ofthisAct includes trees and standing
crops in the catchment area.
'Measures' means the measures specified in section-12 of thisAct;
'Notiflcation' means notjflcation by Government ofArunachal Pradesh
published in the Gazefte ofArunachal Pradesh;
'Ptescribed' means prescribed by rules made under this Act,
'Section' means a section of the Act;
'VWSC' means the'Village Water & Sanitation Committee'
constituted under section-g of theAct;
'ln atershed' means an area surrounding any spring, stream or pond
(whetherformed naturallyor otherwise) which conserves and sustains a
source of water, the quality and quantity whereof are likely to be varied
by erosion of soil, felling of trees or disturbances by cattle grazing or
human settlemenUactivity.
The State Government shall by notification constitute a Board at the
State level to be known as the 'Arunachal CatchmentAreas
Pradesh Drinklng Water Board (APDWCAAB)' to advise the
Government on matter connected with the drinking water catchment
areas and their protection.
The Board, if itconsiders necessary may co-opt any person in any of its
sitting to resolve any particular issue or issues.
The Advisory Board may take appropriate decisions on matters that
may contribute to better implementation of theAct as deemed fit.
The functions oftheAdvisory Board shall be to advise Government on :-
(a) The preservation and protection ofdrinking water sources-ground
water, springs, streams, rivulets, lakes, glaciers as water sources
and on measures to be adopted thereof:
(b) The appropriate method of management of catchment areas vis-a-
vis the activities customarily practiced in relevant areas;
(c) Such matter connected with the improvement and augmentation of
yield of drinking water from sources therein;
(d) Subjects brought forth by the District Drinking Water Catchment
Area Protection Board for Government decision.
(e) ln matters involving issues pertaining to villagewaterand sanitation
Committee (VWSC) between tl,o or more districts, it shall examine
the views of District Drinking Water Catchment Area Protection
Board and issue order at its level order at its level.
(0 or for criticalmatters re@mmend to the Govemment for appropriate
declsion.
Constitution of 3 (1)
a State Level
Drinking Water
Catchment
AreasAdvisory
Board- (2)
(3)
Functions of
the State Level
Advisory Board
4 (1)
sources{round
water, springs,
streams,
rivulets. lakes.
The Arunachal Pradesh Extraordinary Gazette, April 28,2023 3
(2) TheAdvisory Board shall also oversee the execution of the Master
Plan and Action Plan regarding catchment area protection by the
implementing agency and ensure effective and timely implementation.
(3) TheAdvisory Board may delegate such powers to the District Board or
the District Executjve Committee as it may deem fit for effectjng proper
and timely implementation of the works, orders or directions.
(4) TheAdvisory Board shallconstitute a Cellfor Result Based Monitoring
and Evaluation of the Act to be headed by a Nodat Officer not below
the rank of Superintending Engineer. The powers of the Cetl shall be
as given below:
(a) To act as link between Advisory Board and District Board.
(b) To receive reports and returns and adaptability assessments.
(c) To evaluate baseline data and leading indicators of sustainability.
(d) To recommend improvement and proper use of funding if any.
(e) To recommend critical inputs and intervenlion of stakeholders
including third party involvement wherever needed.
(5) TheAdvisory Board shall meet as often as may be necessary but not
less than once in a year.
5. The State Government shall by notification constitute a Board atthedistrict
level to be known as the 'District Drinking Wator Catchment Areas
Protection Board (DDWCAPB)'to execute the provisions of theAct and
to recommend to the state level Advisory Board on matters connected
with the drinking water catchment areas and their protection, through
notification by Government;
6. (1) The functions ofthe District Board shall be to :
(a) Notify the catchment area on the recommendation of the
Executive Committee and the Village Water and Sanitation
Comminee ryWSC);
(b) Prepare the Master plan for Drinking Water Catchment A.ea
Protection based on the input of VWSC and recommendation of
the Executive Committee. The Master plan shall include:-
(i) Delineation of the catchment area or the watershed for
protection;
(ii) Assessment ofthe area forthe catchment protection orthe
watershed and the discharge ofthe water source:
(iii) Outline the schemes for protection of the watershed area
and the source; and
(iv) The Master plan may provide for such matters as may be
considered necessary for the protection of the watershed
area and sustainable development ofthe catchmentarea.
(c) Approve theAction plan of the Drinking WaterCatchmentAreas
Protection prepared by the Executive Committee based on the
input from the VWSC;
(d) The land, other than Forest Reserves, protected Forest, Anchal
Forest Reserve, Village Forest Reserve, Wild Life Sanctuaries,
Natjonal Parks, Community Reserved Forest, Eco-sensitive Zone
(ESZs) of Protected Areas and Unclassed Forest shall be donated
voluntarily for conservation and development of drinking water
catchment area protection but the land so donated shall not be
used for any other purpose and no compensation shall be paid
for such donated land.
Provided that, in extreme circumstances, wherein the
livelihood of an individual or community, as the case may be, is
affected dueto such earmarking and donation of land, thebistrict
Board may determine the compensation to be paid, which
however, shall not be claimed as a matter of right.
(e) For effective development of drinking water catchmenl area
protection and donating of land for such purpose, the Diskict
drinking water catchment area protection Board shall carry out
the following measures:
Constitution
of District
Drinkjng
Water Calch-
mentAreas
Protection
Board
(DDWCAPB),
Functions of
the District
Drinking
Water
catchment
Areas
Protection
Board.
4 The Arunachal Pradesh Extraordinary Gaz€tte. Ap 28, ?023
Constitution ot 7
District Executive
Committee for
DrinkingWater
Catchment
Areas Protection
(DECDWCAP).
Functionsofthe I
Distact Executive
Committee for
Drinking Water
Catchment Area
Protection.
(i) Organiging of awareness programme in different level;
(ii) Promotion of voluntary donation of land for protection of
catchment area in the village;
(iii) lntroduction of award system, initially five best villages
mannually in a district. The best villages shall be selected
based on the score card to be delermined by the Board on
thefollowing:-
(a) weighEge on iaster hnd donaticn including weightage
on areas (measures in square meter) ofland.
(b) rnitiatives taken by the village(s) for upkeepment of
forest in the catchment areas;
(c) initiatives taken by village(s) on rain harvesting
measures;
(d) rnitiatives taken by the village(s) on any rnnovative
application like combrning eco-tourism and bro-
diversity conseNation with the water conservation to
make the protection ofcatchment area sustainable.
(e) The $ate Govemment shall br the aforesakl purpose
make appropriate annual incentives and award per
district and deposit it towards the District Drinking
Water CatchmentArea Protection Board.
(0 Decide on such other matter connected with the
improvement and augmentiation of yield of drinking
water from sources therein;
(g) ln matter involving issues pertaining to two or more
VWSCS within the district, it shall give its decision.
(2) The District Board shall meet as often as may be necessary but not
less than thnce in a calendar year
The State Govemmentshall by notification constitute a Committee at the
district level to be known as the 'District Executive Committee for
Drlnking Water Catchment Areas Protection (DECDWCAP)' to carry
out the various aclivities envisaged under theAct under its domain and to
recommend, advise the District Board on matter connected with the
dnnking water catchment areas and their protection;
(1) The functions of the District Executive Committee shall be to :
(a) Recommend to the District Board for notification of catchment
area on the resolution of the Village Water and Sanitation
Committee (\/vVSC).
(b) Prepare the Action Plan for Drinking Water Catchment Area
Protection. The Action Plan shall include proposals of funding
from State. CSR. MPLAD, MLALAD, and other related non-tied
tund, etc. to be implemented through PHED on the approvalof
the District Board. For depositing such fund, the executive
committee shall open a joint account to be operated by the
Deputy Commissioner and Executive Engrneer (PHE&WS
DePartment).
(c) Tho action plan shall also include the works if any to be taken
up in the catchment areas for water conservation directly by the
line departments through their own programmes and funds.
(2) The District Executjve Committee (DEC) shall perform the duty of
interface between VWSC and the District Board.
(3) The Member secretary DEC shall constitute a monitoring and
evaluation unit in his/her office from the existing strength which shall
support in compilation. evaluation and study of any report, returns
pertaining to the Act that comes up before the DEC.
The District Executive Committee shall furnish a monthly report to
DistrictAdvisory Board & StateAdvisory Board on the implementation
and progress related to the CatchmentAreas Protection Act.
The District Executive Committee shall meet as often as may be
necessary but not less than twice in a calendar year.
(4)
(5)
The Arunachal Pradesh Extraordinary Gazette, April 28, 2023
9. (1) The Village Water and Sanitation Committee (WVSC) constituted
under Jal Jeevan Mission programme shall contrnue to function as
such. lt shall carry out the various functions envisaged under the Act
under its domain and shallwherever needed recommend to the Districl
level Board through the Executive Committee on matters connected
with the drinking water catchment areas and their protection.
(2) The Committee constitution shall be as follows:-
(a) lt shall consist of 10-15 members, comprising of elected
members of Panchayat up to 25% of the composition out of
which, 50% shall be women; and remaining 25olo shall consist
of Gaon Eurahs or Senior members or Literate members or
Government retirees, to be decided by the Gram Sabha. For
proper and effective functioning and management of \A /SC,
the Gram Sabha may co-opt the headmaster or a teacher of
the nearest school and the Junior Engineer of PHE&WSD
as members of VWSC. Ordinarily, the tenure of sub-committee
shall be for 3 years and Gram Sabha will have option to
reconstitute or renew the suFcommittee with approval of 80%
of the households in the village.
(b) Land owner/Donor shall be ex-officio memberof the VWSC.
(c) TheChairmanof he Committee muld betheChairman of Gram
Panchayat or any elder in the village chosen by the Gram
Sabha.
(d) The Member Secretary of the Committee shall beselected by
the Members of the VWSC.
'10. (1) The functions of the vwsc sha[ be to :
(a) ldentify and recommend the catchment area to the District
Drinking Water CatchmentArea Protection Board through the
Executive Committee.
(b) Preserve, conserve and protect the drinking water catchment
areas, springs, streams, rivulets, lakes, glaciers and water
sources through various water harvesting inteNentaon and
prohibiting felling of trees.
(c) Recommend appropriate melhod of management of catchment
areas vis-a-vis the activities customarily practiced in such areas
to the District Board through the Executive Committee;
(d) Be the custodien of the water sources.
(e) Traditional practrces for e.g captivating mithuns for a particular
period in a limlted area that may be detrimental for water
resource shall be identified by the Village Waterand Sanitation
Committee (VWSC). The VWSC shall bring behavioEt changes
by influencing the community practices and shall promote
sustainable way of water resource management. The
department under whose jurisdiction the catchment area talls
may take necessary measures to initiate action and report it
in public domain.
(0 Maintain status of water sources with yearly records of d jscharge
of res@ive sources wih support from conce,ned PHE DMsion.
(g) lnitiate proposals for catchment area protection works where
the source deplelion is alarming or considerable and
recommend the same to the District Executive Committee.
(h) To assess whether any polluton is being caused in the upper
reaches of its water sources by villages located if any in the
upstream side of the sources, ln such cases, the matter shall
be taken up with the other VWSC's invofued for amicable
solution or shall be reported to the local administration for
appropriate dtsposition of the matter
(i) To provide input to the Executive Committee in preparation of
the Master Plan.
(2) The VWSC shall meet as often as may be necessary but not
less than 4 times in a year.
Constrtution of
Village Water
and Sanitation
Commitee
(\ A'SC).
Functions of
the Village
Waterand
Sanitatlon
Committee
(\ /vsc).
6 The Arunachal Pradesh Extraordinary Gazette, Aprt 28,2023
Declaration
of an area as
drinkhg
water
catchment
are€.
11 (1) (a) The protected spring catchment area should ideally have a
minimum size of 100 meters wide by 300 meteG long area but this
can vary according to local conditions.
(b) For rural areas : For stream or river water intake, an area of 50
mtrs. wide on both banks of the stream or river should be fully
protected upstream from the intake point. An additional strip of
50 to100 meters wide can only be used for farming thatdoes not
involve bigger tree felling or soil tilling or the use of chemicals.
The hngth of protected banks up6tream of he water intake should
generally be not less than 500 meter, depending on local
conditions. However, greater the area better it would be for
conservation of water soiirces.
(c) Forsbmiulban aroas : ln mountainous tenains, the earmarked
area of wator Ehed for protection should generally be minimum of
100 mtrs. wide on each sides of the stream or river bank. The
length should depend upon size of user and source or not less
than 1000 mtrs. in lengh to get meaningful conservalion. However,
greater the area better it would be for conservation of water
sources.
(d) For urban areas : ln mountainous terrains, the earmarked area
ofwatershed for protection should cover from the ridge line or a
minimum of 300 mtrs. wide on each side of the stream or river
bank. The length should depend upon size of user and source or
not less than 2000 mtrs. in length to get meaningful conservation.
However, greater the area better it would be for conservation of
water sources.
Provided that, the.State Government by subsequent
notification shall declare to be a catchment area for a specific
streams or rivers as may be deemed expedient.
(2) A drinking water catchment area to be either critical, sub-critical or
non-critical catchment area is to be decided by the district board. The
criteria for declaring as critical, sub- critacal or non-criti€l shall be
governed by following yardsticks: -
(a) From the lean period (dry months of say January - February)
discharge of the sources of minimum 3 years, if the trend of
reduction/ drying of sources indicates a situation wherein the
availability of water is either already less than the drinking water
requirement or is likely to become lesser in another 5 years, the
source could be declared as ctitical.
(b) From the lean period dischargeof the sources of minimum 3 years,
if it indicates a trend of reduction or drying of sources wherein the
availability of water is likely to become lesser than the water
requirement in another 5-30 years, the source could be declared
as sub-critical.
(c) From the lean period dischargeof the sources of minimum 3 years,
if it indicates a trend of reductton or drying of sources wherein the
availability of water is likely to become lesser than the water
requirement after 30 years, the source could be declared as non-
critical.
(3) However, the declaration of an area as drinking water catchment area
has to be made by the administative heads of the iurisdiction of the
catchment area. lt could be either the DC/ADC/SDO/EAC/CO.
('1) On the declaration of an area as drinking water catchment area under
section 11, the Government shall have the power to take such
measures as it deems necessary or expedient for the purpose of
protecting the catchment area.
(2) ln particular and without Prejudice to the generality ot the provisions of
sub-section (1) such measures may include all or any of the following
matters, namely-
(a) Planting or advising the planting of trees and taking up of other
steps to regenerate the forests;
(b) Testing ofthe soil samples;
(c) ln the case ofa notifed catchment area, prohibiting therein within
periphery shall apply thereof-
(i) The felling of trees, destruction or clearance of grooves,
bushes or any vegetative cover;
Measuresfor 12
protection of
Drinking water
catchment
areas.
The Arunachal Pradesh Extraordinary Gazette, April 28, 2023
(ii) Jhummlng or cultivation or use of any insecticide or pesticide or
any harmfulchemicals.
(iii) Quarrying of sand or stone.
(iv) Excavation of earth.
(v) Open Defecation along the water bodies.
(vi) Sewer outlets, disposal of solid waste.
(vii) The carrying out of any activity which in the opinion is likely to
damage the springs, streams, rivulets, lakes, glaciers or water
sources in the area.
(3) ln case of any unavoidable project of Slate or National interest covenng
a portlon or fu ll part of notifed catchment area, the exemptlorvlimitation
of this Act shall be sanctioned by the State Government.
13. Any activity proposed to be undertaken in the notified catchment area
which is eco-friendly and non- detrimental to catchment areas shall be
placed for approval from the district board.
14 (1) Where Government proposes to take any measure contemplated, it
shall publish a previous notice of its intention to do so in a manner as
may be prescribed inviting objections from persons likely to be affected
by the measures proposed.
(2) lf after consideratron of objections received, Government may decide
to take any of the measures contemplated and the same shall be
notified in a manner as may be prescribed.
15. On the measures being so notified no person shall undertake or carry on,
in the catchment area, any activity which is so prohibited except as given
in section 13.
16. Any member of the statutory bodies as envisaged In this Act or person
empowered by the Government in this behatfshall have the nght to enter at
any reasonable time, with such assistance as he considers necessary upon
any land declared as drinking water catchment area including the extent
thereof, to inspect and verifr the activities, if any, or in connection with any
function underthisActor rules made thereunderand every person claiming
to be he owner, occupier or otheMise of the land shall be bound to render all
assisEnce and f he fails to do or if he willfully delays or obstruct such
memberor person he shall be guilty ofan ofience under thisAct.
17. Whoever contfavenes the provisions of the Act,shallfor the first offence
be punishable with fine which may amount to the extent of double of the
market price as assessed by the Vwsc/designated experts on the
damage so caused and not belowt 5,000.00 (Rupees five thousand) only
in any case. For any subsequent offence, it shall be punishable with fine
u pto th ree times the market price as assessed by the VWSC/ designated
expert which shall be enforced through the concerned WVSC in case of
ruralareas and by appropriate aulhority in case ofurban areas. ln order to
encourage participation and effective imposition of theAct, the fine amount
shall be treated as a revenue to be distributed between VWSC and state
exchequer at a proportron of 80:20 respectively.
'18. The State Government shall decide the competent authorities, as may be
deemed expedient.
19. Any person aggrieved by the order of Government to declare an area as a
drinking water catchment area or to take any measure as contemplated
in the Act or by any orders of the competent authority may within forty-
five day6 from the date of notification make an appeal to the district
board and its order on the appeal shall be final.
20. (1) The provisions of this Act shall be in addition to and not in derogation
of the provisions of any other law for the time being in force;
(2) ln case the watershed or catchment areas encompasses theAnchai
Reserved Forests, Protected Forest, Village Reserved Forest,
Community Reserued Foresl, Wildlife Sanctuaries, National Park,
Eco-Sensitive Zones (ESZS) and unclassed forests, the relevantAct(s)
or Law(s) under which they were declared as such in regard to the
protection and conservation oJ watershed or catchment areas shall
prevail provided they are serving the interest of the catchment area
protection.
Guidelines for
the competent
authority in dealing
with applications.
Previous
publication of
notice and
consideration
ofobjections.
Prohibition of
activities in
drinking water
catchment area
Power of entry
to inspect and
venry.
Offences
Competent
Authority.
Appeal
Effect on
other
Laws.
7
8 The Arunachal Pradesh Extraordinary Gazette. Aptl 28,2023
Power to
make rules
Power to
rarove
difficulties.
(3) ln cases related to pollution of water sources, it shall be governed by
the 'l,t ater (Prevontion and Control of Pollution) Act, 1974'.
21 . (1) The Government may by notification make rules to carry out purposes
of this Act.
(2) Without preJudice to the generality of the foregoing power such rules
may provide for all or any of the following matters, namely: -
(a) The manner and method of functioning of the Advisory Board/
District Board/Executive Committee/ VWSC:
(b) Fees. if any, to be pard to non-official members and other persons
connected with the functions of the Board:
(c) The form and manner of application for permission to c€lrry on
any activity non- detrimental to the catchment area;
(d) The guidelines br the crmpetent authority to de3l with applications
for permission;
(e) The form and manner of notification to be issued regarding
measures to be taken:
(f) Theform and mannerof issuing notice licr entry upon anyland for
inspection and verification:
(g) The authorities and nodal agency to tmplement and monitor the
implementation of the Act:
(h) Supply or collection of information and data; and
(i) Any other matter that ts required to be prescribed for the purpose
of this Act.
22. lf any difficulties anse in giving effect to the Provisions of this Act. the State
Government may by order not inconsistent with the provisions of thls Act,
remove the difficulties.
Onit Panyang, IAS
Commissionerto the
Government of Arunachal Pradesh.
' Itanagar.
Published and Printed by Direclorate oI Pnnting, Naharlagun-'195,/202+OoP-250+Secy. (LA)-50+Commr (Law)-
50+Secy(PHE&WS)-5&4-2023

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