The ARUNACHAL PRADESH WATER RESOURCES REGULATORY AUTHORITY ACT, 2006

Short title,
extent
and
Commence-
ment.
Definitions
198
THE ARUNACHAL PRADESH WATER
RESOUBCES
REGULATOBY AUTHORITY ACT, 2006
(ACT NO. 15 OF 2006)
(Beceived the assent of the Governor on 6th
December. 2006)
AN
ACT
to provide for the establishment of the Arunachal
Pradesh Water Resources Regulatory Authority to
regulate water resources within the state of Arunachal
Pradesh, Iacilitale and ensure judicious, equitable and
sustainable management, allocation and utilisation of
water resources, fix the rates for use ol water lor
agriculture, industrial, drinking and other purposes and
matters connected therewith or incidental thereto.
BE it enacted by the Legislative Assembly ol
Arunachal Pradesh in the Fifty-seventh Year of the
Republic of lndia as follows :
Chapter I
Preliminary
1. (1) This Act may be called the Arunachal Pradesh
Water Resources Regulatory Authority Act, 2006.
(2) lt extends to the whole of the State of Arunachal
Pradesh.
(3) it shall come into force on such date as the
State Government may, by notification in Official
Gazette, appoint and different dates may be appointed
for different areas and lor different sections ot this Act.
2. (1) ln this Act, unless the context otherwise
requires-
(4 "Aggregate Bulk Water Entitlement" means an
aggregate of Entitlements issued to a group
or association of Water User Entities for the
purpose ol joint management ol the Bulk Water
Entillements ;
199
(b) "Allocation" means the portion or percentage of
an Entitlement declared annually or seasonally
by the Prescribed Authority to be made
available to the holder of an Entitlement based
upon the availability of water lor the period
within the sub-basin, river basin , proiect or
storage facility for that season or year ; and
during water crisis or scarcity on the principle
of proportionate entitlement.
(c) "Authority" means theArunachal Pradesh Water
Resources Regulatory Authority established
under section 3 ;
(d) "Board" means the State Water Board
constituted under section 15 ;
(e) "Bulk Water Entitlement" shall mean the
volumetric entitlement to a share of the surface
water resources produced by a project, river
system or storage facility, lor a specilic category
or Categories of Use, and deliverable within a
specif ic period of time as specif ically provided
in the order granting the Entitlement ;
(I) "Category ot Use" shall mean use oI water lor
di{ferent purposes, such as for domestic,
agricultural irrigation ; agro-based industries,
industrial or commercial, environmental , etc.,
and includes such other purposes as may be
prescribed ;
(g) "Chairperson" means lhe Chairperson of the
Authority ;
(h) "Council" means the State Water Council
constituted under section l6 ;
(i) "Entitlement" means any authorisation by any
river basin agency to use the water for the
purposes ot this Act ;
(j) "Governmenf' or "State Government" means the
Government of Arunachal Pradesh.
(k) "Governor" means the Governor of Arunachal
Pradesh.
200
(l) "lndividual Water Entitlement" means any
authorization by theAuthority to use the water
other than Bulk Water Entitlemenl or an
Aggregate Bulk Water Entitlement ;
(m) "lntegrated State Water Plan " means a water
plan approved by the State Water Council ;
(n) "lrrigation Project" means a project constructed
to provide irrigation lacilities to the land situated
in the command area in accordance with the
project reports and orders in this regard, as
revised lrom time to time ;
(o) "Member" means a Member ol theAuthority and
includes the Chairperson;
(p) "Prescribed" means prescribed by the rules
made under this Act;
(q) "Prescribed Authority " means any authority at
various levels within the water resource
managemenl system that has been duly
authorised by the Authority to determine and
declare, on an annual or seasonal basis, the
quota or amount ol water available within a
system lor use as an allocated percentage of
the entitlements duly issued by the Authority;
(r) "Project Level Entily' means a group of all Water
User Entities, Irom a common supply source
within a water resources project;
(s) "Ouota" means a volumetric quantity of water
made available to an Entitlement holder, which
is derived by multiplying an Entitlement by the
annual or seasonal allocation percentage;
(t) "Regulations" means regulations made by the
Authority under this Act:
(u) "River basin Agency" means any River basin
Development Corporations operating in the Biver
basin or otherwise includes the Government
Authorities as specified by the Government,
f rom time to time,.
(v) "Selection Committee" means a Selection
Committee constituted under section 5;
201
(w) "State" means the State ofArunachal Pradesh;
(x) "State Water PoLicy" means the Water Policy
of the State:
(y) "Sub-Basin'means a hydrologic unit or
hydrologic sub-unit of a river basin within the
State;
(z) "Sub-surface entitlement" means an individual
or Bulk Water Entitlemenl lo a volumetric
quantityol water to be extracted in the command
area ol the irrigation project from a tube well,
bore well or other well or by any other means of
extraction of sub-surface water, or a group or
lield or wells duly and legally permitted,
registered and constructed in accordance with
standards prescribed by the Authority;
(za) "Utility" means any Water User Entity
responsible forthe management, treatment and
distribution of domestic or municipal water
supplies (including water use lor Industries);
(zb) "Volumetric" means a measurement of water
on the basis o{ volume as per the norms of the
Bureau of lndaan Standard ;
(zc) "Water User Entity" means any Water User's
Association, Utility, lndustrial User's
Association, other User's Association, or any
other group (or individual ) which is authorised
by the Authority to receive and utilize a water
Entitlement;
(zd) 'Water User's Association" means a Water
User's Association Iormed at the minor level or
above , which represents the users ol irrigation
water from that segment ol any project, canal
or natural flow storage system;
(2) Words and expressions used and not delined
in this Act but delined in various irrigation or
water resources related Acts in the State shall
have the meanings respectively assigned to
them ln those Acts.
Establishment
and
incorporation
ot Authority.
Qualification
,or
appoinlment
of Chairperson
and other
Members and
special
invitees ot
Authority.
202
, Chapter ll
Arunachal Pradesh Water Resources Regulatory
Authority.
3. (1) The State Government shall, within three
months trom the dale of the commencement ol thisAct,
by notalication in the Off icial Gazette, establish an
Authorityto be known as lheArunachal Pradesh Water
Resources'Regulatory Authority lo exercise the powers
conlerred on, and to perform the functions and duties
assigned to it ' under this Act.
(2) The Authority established under sub-section
(1) shall be a body corporate by the name aforesaid,
having perpetual succession and a common seal , with
power to contract , acquire, hold and dispose ol prop-
erty, both movable and immovable , and to do all things
necessarylorthe purposes ol thisAct, and may sue or
be sued by its corporate name.
(3) The Head office ol the Authority shall be at
Itanagar.
(5) The Chairperson and the other members of the
Authority shall be appointed bythe Governor ofArunachal
Pradesh on the recommendation of the Selection Com-
mrttee conslituted under section 5.
4. (1) The Chairperson, the Members and special
invitees of the Authority shall be appointed as follows :-
(a) the Chairperson shall be a person who is or who
was o, the rank ot Chief Secretary or equivalent
thereto,
(b) one Member shall be expert lrom the field of
water resources englneering.
(c) one Member shall be expert from the field of
water resources eCOnOmy.
(4) The Authority shall consist of a Chairperson
and two other Members.
203
(d) five special invitees as prescribed one from
each river basin Agency area, who are having
adequate knowledge, experience or proved
capacity in dealing with the problems relating
to Engineering, agricultural, drinking water,
industry, law, economics, commerce , linance
or management for assisting the authority in
taking policy decisions.
(2) The Chairperson or any other member of the
Authority shall not hold any other otfice.
5. (1) The State Government shall, by notilication
in the Ollicial Gazette, for the purposes of sub-
section(5) of section 3, constitute a selection Committee
consisting of, -
(a) the Chiel Secretary Ex-officio President
of the state
(b) the Secretary, Plann- Ex- oflicio Member ;
ing Department.
(c) lhe Secretary Hydro- Ex -oflicio Member ;
Power Department.
(d) the Secretary Public Ex -officio Member ;
Health Engineering
Department.
(e) the Secretary Urban Ex- officio Member ;
Development
(D the Secretary Ex-olficio Member ;
Environment.
(g) the Secretary AgricuF Ex-ollicio Member ;
tural Department.
(h) the Secretary, Water Ex-officio
Resources Department. Member Secretary
(2) The Government shall, within one month from
the date ol occurrence of any vacancy by reason of
death, resignation or removal ol the Chairperson or any
Member, and six months before the superannuation or
end ot tenure of Chairperson or any Member, make a
relerence to the Selection Committee for lilling up the
vacancy.
Constitution
and functions
of Selection
Committee.
Term of office,
salary and
allowances
and other
conditions of
service of
Chairperson
and Members
ofAuthority.
204
(3) The Selection Commlttee shall finalise the
selection cl the Chairperson and Members within one
month from the date on which the relerence is made to
il under sub-section(2).
(4) The Selection Committee shall recommend a
panel ol two names for every vacancy relerred to it.
(5) Before recommending any person for
appointment as the Chairperson or other Member of the
Authority, the Selection Commiltee shall satisly itself
that such person does not have any financial or other
interest, which is likely to afiect prejudicially his functions
as a Member.
(6) No appointment of the Chairperson or other
Membershall be invalid merely by reason ol any vacancy
in the Selection Committee.
5. (1) The Chairperson or other Member shall hold
olfice for a term ol three years lrom the date on which
he enters upon his office:
Provided that, the Chairperson or the other member
may be re-appointed but lor not more than two
consecutive terms.
Provided further lhat, no Chairperson or other
Member shall hold off ice after he has attained the age
of seventy years.
(2) The salary and allowances payable to and the
otherterms and condilions of service of, the Chairperson
and other Members shall be such as may be prescribed.
(3) The Salary and allowances and other conditions
ol service of the Chairperson and other Members shall
not be varied to their disadvantage after appointment.
(4) The Chairperson and every Membershall before
entering upon his office make and subscribe to an oath
of ofrice and of secrecy in such lorm and in such manner
and before such authority as may be prescribed.
205
(5) Notwithstanding anything contained in sub-
section (1 ), the Chairperson or any Member may, -
(a) relinquish his otfice by giving in writing to the
Governor notice of not less than three months;
or
(b) be removed from his otfice in accordance with
the provisions under section 7.
(6) The Chairperson or any Member ceasing to hold
office as such shall, -
(a) not be eligible for f urther employment under the
Govemment ofArunachal Pradesh for a period of
two years lrom the date he ceases to hold such
otf ice ;
(b) not accept any commercial employment for a
period of two years from the date he ceases to
hold such office.
Explanatlon - For the purposes ol this sub-section, -
(i) "employment under the Government"
includes, employment under any local or
other authority within the territory of
Arunachal Pradesh or under the control of
the Govemment or under any corporation or
society owned or controlled by the
Govemment.
(ii)"commercial employment" means
employment in any capacity under, or
agency of, a person engaged in trading,
commercial, industrial or financial business
in the Water Resources Sector and also
includes a director of a company or partner
of afirm and also includes settlng up practice
eilher independently or as partner ol a lirm
or as an adviser or a consultant.
7. (1) Subject to the provisions of sub-section (3),
any Member of the Authority shall be removed lrom his
office by order of the Governor on the ground ol proved
misbehavior after the State Govemment has, on an inquiry
held in accordance with the procedure prescribed in this
behalf, reported that the Member, ought on any such
ground to be removed.
Bemovalol
Member.
206
(2) The Governor may, during the period of inquiry
as specified in sub-section (1), against any l/ember
suspend such Member ol the Authority.
(3) Notwithstanding anything contained in sub-
section (1 ) the Governor may, by order, remove from
otfice, the Chairperson or any other Member, if the
Chairperson or such other Member, as the case may
be-
(c)
has been adjudged an insolvent;or
has been convicted o{ an offence which, in the
opinion ol the Government involves moral
turpitude; or
has become physically or mentally incapable
of acling as Chairperson or Member: or
has acquired such financial or other interest as
is likely to affect prejudicially his lunction as
the Chairperson or Member; or
(d)
(4) Notwithstanding anything contained in sub-
section (3), no Member shall be removed f rom his otlice
on the ground specified in clause (d) or clause (e), unless
the Government has, on an inquiry , held by it in
accordance with such procedure as prescribed in this
behalf bythe Govemment reported that the Memberought
on such ground or grounds to be removed.
8. ('1) The Authority may, appoint a Secretary to
exerclse such powers and perform such duties under
the control of the Chairperson and as may be specilled
by regulations.
(2) Authority may, with the prior approval ot the
Governmenl appoint such number of oflicers and
employees as it considers necessary for the
performance of its duties and Iunctions.
(a)
(b)
Power of
Government to
depute officers
and
employees to
Authority and
their service
conditions.
(e) has so abused his position as to render his
continuance in office prejudicial to the public
interest.
207
(3) The salaries and allowances payable to, and
other conditions ol service of the Secretary, otficers and
employees shall be such as may be determined by
regulations.
(4) The Government may, in consultation with the
Authority, appoint any Government off icer or employee
on deputation to the Authority.
(5) The period of deputation oF any such otficer or
employee to the Authority shall be five years except
when any such person is required to be repatriated on
the grounds, such as promolion, reversion, termination
or superannualion or any olher reason ol depulalion, he
shall stand repatriated to service under the State
Govemment.
Provided thal, during lhe period of such deputation,
all matters relating to the pay, leave, allowances,
retirement, pension, provident Iund and other conditions
ol service o, the employees on deputation shall be
regulated bylheArunachal Pradesh Civil Services Flules
or such other rules as may , f rom time to time, be made
by the State Government.
(6) No oflicer or employee on deputation to the
Authority shall be entitled to any deputation allowance.
(7) The salaraes and allowances of officers or
employees on deputation to theAuthority shall be paid
by the Authority.
(8) Save as otherwise provided in this section, the
terms and conditions of services of employees on
deputation to lhe Authority shall not be less
advantageous than those applicable to them
immediately belore deputation and shall not be varied to
their disadvantage except with the previous sanction of
the State Government.
(9) The Authorily may appoint consultants required
to assist the Authority in the discharge ol its functions
on such terms and conditions as may be determined by
regulations.
Proceedings
ofAuthority.
Vacancies
etc. not to
invalidate act
or proceeding.
208
9. (1) The Authority shall meet at the head office
or any of its oflices at such time as the Chairperson
may direct and shall observe such rules ot procedure in
regard to the transaction of business at its meetings
(including the quorum at its meetings) as may be
determined by regulations.
(2) The Chairperson or if he is unable to attend a
meeting of the Authority, any other Member nominated
by the Chairperson in this behall and, in the absence of
such nomination or where there is no Chairperson, any
Member chosen by the Members present from among
themselves, shall preside at the meeting.
(3) All questions come up before any meeting of
the Authority shall be decided by a maJority o{ votes ol
the Members presenl and voting , and in the event of an
equality of votes, the Chairperson orthe person presiding
shall have the right to exercise a second or casting vote.
(4) Save as otherwise provided in sub-section (3),
every Member shall have one vote.
(5) All orders and decisions of theAuthority shall
be authenticated by the Secretary or any other ollicer of
the Authority duly authorised by the Chairperson in this
behall.
10. No act or proceedings of theAuthority shallbe
questioned or shall be invalidated merely on the ground
of existence ot any vacancy or defect in the constitution
ol theAuthority.
Powers,
Functions and
duties of
Authority.
Chapter - Ill
Powers, Functions and Duties ot the Authority.
11 . The Authority shall exercise the lollowing
powers and perform the following f unctions, namely :-
(a) to determine the distribution of Entitlements
for various Categories of Use and the equitable
distribution of Entitlements of water within each
Category of Use on such terms and conditions
as may be prescribed;
209
(b) to enrorce the decision or orders issued under
this Act;
(c) to determine the priority of equitable distribution
of water available at the water resource project,
sub-basin and river basin Ievels during periods
o{ scarcity;
(d) to establish a water tarill system, and to f ix the
criteria for water charges at sub-basin, river basin
and State level arter ascertaining the views of
the beneficiary public, based on the principle
that the water charges shall rerlecl the full
recovery of the cost of the irrigation
management, administration, operation and
maintenance of water resources project;
(e) to administer and manage interstate water
resources apportionment on river systems of
the slate ;
(f) to review and clear water resources projects
proposed atthe sub- basin and river basin level
to ensure that a proposal is in conformity with
integrated State Water Plan and also with regard
to the economic, hydrologic and environmental
viability and where relevant, on the State's
obligatiols under Tribunals, Agreemenls, or
Decrees involving interstate entitlements :
Provided that, while clearing the new
water resources projects by the concerned {or
construction proposed by River Basin Agencies,
the Authority shall ensure that Governor's
Directives issued Irom time to time, relating to
investment priority for removal of regional
imbalance are strictly observed;
(g) to lay down the criteria and monitorthe issuance
of Entitlements. These criteria among others
shall also include the following,
(i) The Entitlements shall be issued by river
Basin Agency based on the Category of
Use and subject to the Priority assigned to
such use under State Water Policy;
210
(ii) Bulk Water Entitlements shall be issued
by the Biver basin Agency for irrigation
water supply, rural water supply, municipal
water supply or industrial water supply to
the relevant Water User Entities including
lvlun icipalities, Water User's Associations,
lndustnal Users and State agencies
resDonsible Ior delivery to the respective
sector or to a Sub- surface Water User's
Association or entity that operates a well
field ol multiple sub-surface water tube
wells, bore wells or other wells on behalt of
multiple users;
(iii) Bulk Water Entitlements for irrigation, shall
be issued by River Basin Agency , to the
Water Useas Associalions at the primary
unit level, Distributory level and Canal or
Project levelAssociations and Biver Basin
Agencies shall not receive Entitlements but
shall act as conveyance entities for the
Entitlements issued to the Water User's
Associations;
(iv) Water User Entities including Water User's
Associations, managing the aggregate of
Entitlements (,n behal, of a group of
Entitlement holders may be issued an
Aggregate Bulk Entitlement;
(v) lndividualWater Entitlements may be issued
by River basin Agency only for the
construction and operalion ol individual lifl
irrigalion schemes from surface water
sources, bore-wells, tube wells or other
facilities for extraction ol sub-surface water.
Such Entitlements shall be administered ,
reglstered measured and monitored by the
respective River Basin Agency in close co-
ordination with relevant Government
agencies. Where such lacalities extract
water from alluvial aquifers that are
conjunctive wilh the surface water of a
basin, the issuance and operation of such
211
Entitlements shall be conjunclively
coordinated wilh the use and yield of surface
water resources of the basin and shall be
compatible with the overall water resource
plan of the local area and the respective
river basin and the sustainable use of the
sub-surface water resources.
(vi) Bulk Water Entitlements shall be lor a
specilic proportion ol flow, storage or other
determination of the annual yield ot a water
resources or tacility and the Entitlement
shall be measured volumetrically and with
respect to time ol delivery and llow rate of
delivery ;
(vii) The allocation ol a percentage of the waler
available under the Entitlements of each
facility, in the drainage basin or river basin
shall be determined jointly by the River
Basin Agencies and Water User Entities
based upon the hydrology and other
relevant parameters with regard to the
specilic basin. This allocation shall be
utilized for the determination of lhe amount
ol water to be made available under each
Entitlement lor that specif ic year gr runoff
season;
(h) to lay down the criteria for modification in
Entitlements Ior the diversion, storage and use
of the surface and sub-surface waters of the
State. These criteria shall among others, include
the tollowing :-
(i) Aggregate Bulk Water Entitlements will be
considered as Bulk Water Entitlements
under the provisions of this Act except that
they shall not be a usuJructuary right and
willonly be adjusted bytheAuthority itthere
is a compensating change , under the
provisions ot this Act, to any component
Bulk Water Entitlement that comprise part
of the Aggregate Bulk water Entitlement ;
212
(ii) ln the event that any Water User Entity
wishes to use its category priority to
mandate a change in the use or volume of
any entitlement, that entity must
demonstrate in a public hearing be.fore the
Authorlty, that it has exhausted all attempts
to conserve, increase efficiency and
manage its demand of water within its,
entillement and has exhausted all
opportunities to increase its entitlement
through a transler within the voluntary,
market -based economy. lf, after such a
public hearing, the Authority deems such
a mandated transfer, on either an annual or
permanent basis, to be legal and necessary
in the interest of the people ol the State,
theAuthority shallthen determine a fair and
just compensation as determined by the
market value of the water resource, to be
paid to the Entitlement holder by the entity
exercising the mandated user category
preference;
(i) to fix the criteria for trading of water entitlements
or quotas on the annual or seasonal basis by a
water entitlement holder. These criteria shall
among others. include the following. -
(i) Entitlements, exceptAggregate Bulk Water
Entitlements, are deemed to be
usufructuary rights which may be
trans{erred, bartered, brought or sold on
annual or seasonal basis within a market
system and as regulated and controlled by
the Aulhority as established in the rules ol
the Authorily;
(ii) Ouotas of water determined by the
seasonal or annual allocation assigned to
an entitlement shall be volumetric
usufructuary right which may betransferred,
bartered, bought or sold on an annual or
seasonal basis within a market system as
established and controlled by the rules ol
the Authority;
213
(iii) Bulk Water Entitlements or Ouotas shall
be translerable within the respective
category ol use as long as such transfers
are compatible with lhe operation of the
specific water resource facilities involved.
Such annual transfers shall be managed
and registered with the respective River
Basin Agency which shall have the power
to approve or deny such proposed translers
if they are incompatible with operation of
the lacility or would damage the
entitlements or rights of other users within
the system. The River Basin Agency may
charge a nominal fee for the processing and
registering such transfer but shall not
participate in any compensation between
Entitlement holders as a part ol such
transfer.
(j) Entitlements may be subject to review at
intervals ol nol less than three years and then,
only if warranted by concerns about, the
sustainability of the level of allocation ;
(k) Bulk Water Entitlements shall be registered by
the River Basin Agency and shall be monitored
by theAuthority or its duly delegated competent
rep resentative;
(l) permanent transfer of Entitlements shall only be
made with the approval ol the respective River
Basin Agency and the Authority and in
compliance with the rules of the Authority
promulgated for this purpose. All approved
transfers shall be entered into the registry of
Entitlements ol the Authority;
(m) in the event of water scarcity, the Authority, in
compliance with its policy and rules lor
allocating such scarcity, shall adjust the
quantities ol water to be made available to all
Entitlements and shall permit the temporary
transfer of water Entitlements between users
and categories of users in accordance with the
approval ol the Biver Basrn Agencies:
(n) to establish regulatory system for the water
resources of the state, including surface and
sub-surface waters, to regulate the use of these
waters, apportion the Entitlement lo the use of
the water ol the State between water using
categories ;
(o) to establish a system of enforcement, monitoring
and measurement of the Entitlements for the
use of water thal will ensure that the actual use
of water , both in quantity and type of use are in
compliance with the Entitlements as issued by
the Authority.
(p) to adminisler the use and Entitlement of water
resources within the State in a manner
consistent with the State Water Policyto ensure
the compliance of the obligation of State with
regard to the apportionment of interstate waters
between the State and others States;
(q) to promote efficient use of water and to minimize
the wastage of water and lo lix reasonable use
criteria for each Category of Use ;
(r) to determine and ensure that cross -subsidies
between Categories of used if any, being given
by the Government are totally offset by stable
funding Irom such cross-subsldies or
Government payments to assure that the
sustainable operation and maintenance of the
water management and delivery systems within
the State are not jeopardrsed in any way ;
(s) to develop the State Water Entitlement data base
that shall clearly record all Entitlements issued
forthe use of waterwilhin the State, anytranslers
ol Entitlements and a record ol deliveries and
uses made as a result of those Entitlements ;
(t) 1o facilitate and ensure development,
maintenance and dissemination of a
comprehensive hydro-meteorological informa-
tion data base in co-operation with the River
Basin Agencies ;
215
(u) the Authority shall review and revise,thewater
charges after every lhree years;
(v) the Authority may ensure that the lrrigation
Status Report is published by the Government
every year, such report shall contain all
slatistical data relating to irrigalion including
details in respect of district wise irrigation
potential created and its actual utilisation;
(w) such other powers, function and dulies as may
be prescribed.
12. (1)The Authority shall work according to the
f ramework ol the State Water Policy.
(2) The Authority shall recognise the policy of
empowering Biver Basin Agencies in accordance with
the state water Policy.
(3) The Authority shall, in accordance with the
State Water Policy, co-ordinate with all relevant State
agencies to implement a comprehensive hydro-
meteorological data system for the State.
(4) The Authority shall, in accordance with State
Water Policy, promote and implement sound water
conservation and management practices throughout the
Slate.
(5) The Authority shall support and aid the
enhancement and preservation ol water quality within
the State in close co- ordination with the relevant State
Agencies and in doing so the principle that "the person
who pollutes shall pay'shall be followed.
(6) The Authority shall fix the Ouota at Basin level,
sub-basin level or project level on the basis of the
following principles -
(a) forequitable distribution of water in the command
area oI the project, every land holder in the
command area shall be given Quota;
(b) the Quota shall be {ixed on the basis ol the
Iand in the command area:
General
Policies of the
Authority.
zto
Provided that, during the water scarcily
period each landholder shall, as far as possible,
be given Ouota adequate to irrigate at Ieast one
acre of land;
(c) in order to share the distress in the river basin
of sub-basin equitably, the water stored in the
reservoirs in lhe basin or sub-basin, as the case
may be, shall be controlled by the end of
October every year in such way that, the
percentage of utilizable water, including Kharit
use, shall, for all reservoirs approximately be
the same;
(d) subject to the condition of efticient use of water,
the existing private sector lilt irrigation
management schemes Shall be allowed to
continue {or a period ol five years lrom the date
of commencement of this Act and thereatter on
the date that may be specilied by the
Govemment the provisions ol sub-section (4) ol
section 14 shall apply :
Provided that, having regard to
geographical conditions', ditf erent dates may
be notified lor differenl areas.
(e) the command area ol private lift lrrigation
schemes, on the date ol commencement of this
Act, shall be treated at par with the command
area of the irrigation projects;
(7) The Authority shall ensure that the principle ol
'lail to head" irrigation is implemented by the
Biver Basin Agency.
(8) The Authority shall while framing policy, give
preference to the projects so that , the physical
backlog forming the basis ol the financial
backlog be eradicated in accordance with the
Govemoas directive.
(9) (a) TheAuthority shall striveto make the water
available to the drought prone areas ol the State;
217
(b) The Authority shall ensure that, the lunds made
available to a drought prone district are spent preferably
in lhe areas, where irrigation facilities are less than the
other areas o{ that district.
(c) Notwithstanding anything conlained in this act,
a person having more than tlvo children shall be required
to pay one and half times of the normal rates ol water
charges fixed under clause (d) of section 11 of thisAct
to get entitlement of waterlor the purpose of agriculture
under this Act:
Provided that, a person having morethan two children
on the date of commencement of this Act, shall not be
required to pay such one and half times water charges
so long as the number of children he had on such date
ol commencement does not increase:
Provided turther that, a child or more than one child
born in a single delivery within the period of one year
from such date of commencement shall notbetaken
into consideration lor the purpose ol this sub-section.
Explanation - For the purpose of this sub-
section-
(a) Where a couple has only one child on or after
the date ol such commencemenl, any number
ol children born out of a single subsequent
delivery shall be deemed to be one entity;
(b) "Child" does not include an adopted child or
children;
13. TheAuthority and the Dispute Besolution Oflicer
shall lor the purposes ol making any inquiry or initiating
any proceedings under this Act, have the powers as are
vested in a civilcourt, underthe Code of Civil Procedure,
1908 (5 of '1908) in respect of the lollowing matters,
namely:-
(a) the summoning and enforcing the attendance
of any wilness and examining him on oath :
Powers of
Authority and
Dispute
Besolution
Officer.
Permission of
River Basin
Agency.
218
(b) the discovery and production ol any document
or other material object producible as evidence;
(c) the reception of evidence on affidavits;
(d) lhe requisition of any public record;
(e) the issue ol commission for examination of
wilnesses;
(f) review its decisions, directions and orders ;
(g) any other matter which may be prescribed.
Chapter lV
State Water Planning
14. (1) From the date of commencement of this
Act, no person shall use any water source without
obtaining the Entitlement from the respective River Basin
Agency:
Provided that, no Entitlement shall be
required in case of, -
(a) any bore well, tube well or other wells which are
being used Ior domestic purposes; and
(b) tanks, small reservoirs or catchments of
rainwater harvesting with an annual yield
capacity as may be decided by the Authority.
Explanation j Fot the purposes of this section,
the expression "person" shall includes individual,
group of indivjduals, all local authorities,
association, societies, companies, etc.
(2) Use ol the Water lor the purposes of
agriculture, rhrough any existing well, bore well, tube
well in the command area of a project on the date o{
commencement of thisAct, shall be allowed to continue
till date as may be notif ied by the Authority.
(3) There shall not be any restriction on digging
of any well , bore well or tube well in the command area
of a project, till Such date as may be notified by the
Authority.
219
(4) Water shall not be made available from the canal
for perennial crops in such area and from such date as
may be notified by the Authority, unless the cultivator
adopts drip irrigation or sprinkled irrigatlon or such other
water saving lechnology approved by the Authority. The
quantity of water so saved , after satisfying the further
increased demand of drinking water , shall be disvibuted
equitably in the command area and the adjoining area.
15. (1 ) The State Government shall by notification
in the O.flicial Gazette, constitute a Board to be known
as the State Waler Board for the purposes of this Act.
(2) The Board shall consist of the following
Members, namely :-
(a) the Chiel Secretary of the State
-ex officio President;
@) the Secretary, Planning Deptt.
-ex officio Member ;
(c) the Secretary Finance Deptt
-ex off icio Member;
(O the Secretary, Public Health Engineering-
-ex off icao Member;
(e) the Secretary, Urban Development
-ex officio Member;
(f) the Secretary, Power & Hydro Department
-ox oflicio Member;
(g) the Secretary, Agriculture Department.
-ex off icio Member;
(h) the Secretary, Water Resources Department.
-ex oflicio Member
(i) the Chief Engineer, Water Resources
Departmenl. -Member Secretary
(3) The Board shall prepare a dratt lntegrated State
Water Plan on the basis ol basin and sub-basin wise
water plans prepared and submitted by the River Basin
Agencies.
(4) The Board shall submit its f irst draft Integrated
State Water Plan to the Council for its approval within
six months from the date on which this Act is made
applicable in the State.
State water
Board.
State Water
Board.
220
(5) The Board shall, while preparing the draft
integrated State Water Plan mentioned in sub-section
(3), consider the directives of the State Waler Policy.
(6) The Board shall meet at such time and place
as the President of the Board may decide and shall
lollow such procedure as may be prescribed.
16. (1) The State Govemment shall, by notification
in the Official Gazette, constitute a Council to be known
as the State Water Council for the purposes of this Act.
(2) The Council shall consist of the following
Members, namely
(a) the Chief Minister -ex otficio President;
(b) the Minister, Water -ex ofticio Vice
Resources President
(c) the Minister, Agriculture -ex officio Member;
(d) the Minister, Water -ex officio Member;
Supply
(e) the Minister, Finance -ex ollicio Member;
and Planning
(0 the Minister, Urban -ex olficio Member;
Development
(g) the tUinister, lndustries -ex officio Member;
(h) the Minister, -ex oflicio Member;
Environment
(i) the Secretary, Water -ex officio ; Member
Resources Department -Secretary;
(3) The Council shall approve , with such
modilications as deemed necessary, the draft of the
lntegrated State Water Plan submitted by the Board
within a period ol six months from the date of submission
ot draft lntegrated State Water Plan keeping in view the
directives given by the Governor for removal of regional
imbalance. The water plan so approved bythe Committee
shall become " lntegrated State Water PIan".
(a) The lntegrated State Waler Plan may be
reviewed after every five years from the date ol its approval
by the council.
221
(5) The Council shall meet at such time and place
as the President of the Council may decide and shall
lollow such procedure as may be prescribed.
Chapter V
Accounts, Auditand Reports
17. The State Government may, after appropriation
duly made by the S:tate Legislature, by law in this behall
, make such grants and advances to the Authority as it
may deem necessarylorthe performance of its functions
and discharge ol its duties under this Act; and all grants
and advances made shall be on such term and conditions
as the State Govemment may determine.
18. The Authority shall prepare in suchlormandat
such time in each linancial year as may be prescribed,
its budget for the next tinancial year, showing the estimated
receipts and expenditure of theAuthority and forward the
same to lhe Government.
19. (1) The Authority shall maintain properaccounts
and other relevant records and prepare an annual statemenl
of accounts in such form as may be prescribed by the
Govemment in consultation with theAccountant General.
(2) The accounts of the Authority shall be audited
by lhe Accountant General at such intervals as may be
specified by him and any expenditure incurred in
connection with such audit shall be payable by the
Authority to the Accountant General.
(3) The Accountant General and any person
appointed by him in connection with the audit of the
accounts ol the Authority under this Act shall have the
same rights and privileges and authority in connection
with such audit as theAccountant General generally has
in connection with the audit of Government accounts and
, in particular, shall have the right to demand the
production ol books, accounts, connected vouchers and
other documents and papers and to inspect any of the
offices of the Authority.
Grants and
advances lo
Authority.
Budget ot
Authority.
Accounts of
Authority.
Annual Report
of Authoriy.
222
(4) The accounts of the Authority, as certified by
the Accountant General or any olher person appointed
by him in this behalf, together with the audit report
thereon shall be lorwarded annually to the State
Government by theAuthority and lhe State Government
shall cause the audit report to be laid , within a period of
six months from the date of its receipt, before the State
Legislature.
20. (1) (a) The Authority shall prepare once every
year in such form , and at such time as may be
prescribed, an annual report, giving a summary of its
activities during the previous year and copies of the report
shall be forwarded to the State Governments.
(b) Such annual report shall inciude an Annexure
containing irrigation backlog of each distract based on
the State average Rabbi equlvalent irrigation potential
Distractwlse sown area, standard Rabbi equivalent
irrigation potential from State sector and local sector
schemes , percentage ol irrigation potential to the sown
area, percentage less than the State average, backlog
in Hectare for the latest year ror which the data is
available, and every year thereafter, physical backlog
worked out on the basis of State average and tinancial
backlog based on the latest schedule of rates.
(c) Such report shall also include Annexure showing
Districtwise and Regionwise yeady expenditure incurred
on the lrrigation Sector and cumulative f igures upto latest
yearfor which data is available and every year thereafter.
(d) The details ol Annexures at clauses (b) and (c)
may be modilied in accordance with the Governofs
directives, lrom time to time.
(2) A copy of the report received under sub-section
(1) shall be laid within six months, after it is received,
.before the State Legislature.
223
Chapter Vl
SPECIAL POWERS OF AUTHORITY FOR
REMOVAL
OF BACKLOG AS PER GOVERNMENT'S
DIRECTIVES
21 . (1) The Authority shall carry out a special
responsibility rn regard to the District and regions,
atlected by backlog, in rrrigation sector as per Governois
directives.
(2) For implementing the Governor's directives the
Authority shall ensure that the manpower available with
Water Besources Department o, the Government is
used lor survey, planning and detailed design ol the
projects in backlog arlected areas and new projects
are made available tor construcllon in time, for removal
of backlog.
Chapter Vll
MISCELLANEOUS
22. (1) The Government shall by general or special
order issued in this behalf authorise any competenl
otficers for each River Basin Agency as Primary Dispute
Resolution Office( to resolve the disputes with regard to
the issuance or delivery oJ water Entitlement underthe
Act.
(2) The Primary Dispute Besolution Officer shall
lollow such procedure as may be prescribed while hearing
the disputes.
(3) Any person aggrieved by an order of the Pnmary
Dispute Resolulion Otficer may, within sixty days f rom
the receipt of such order, preler an appealto theAuthorily:
Provided that, theAuthority may entertain an appeal
after the expiry of the said period of sixty days ii it is
satisfied that lhe aggrieved person had sufficient cause
for not preferring the appeal within the said period of
sixty days.
(4) TheAuthority shallfollow such procedure while
hearing the appeals as may be prescribed.
Special
Responsibility
otAuthority.
Disputes and
Appeals.
Direct!ons by
Government.
Members,
otficers and
other statf of
Authority to
be public
servants.
Protection of
action taken
in good failh
Punishment
for non-
compliance of
orders under
this Act.
O{fences by
companies.
23. (1) The Government may issue to theAuthority
such general or special directions in writing in the
matters of policy involving public interest and the
Authonry shall be bound to lollow and act upon such
direction.
(2) ll any question arises as to whether any such
direction. relates to a matter of policy involving public
interest, the decision o{ the Government thereon shall
be linal.
24. The Chairperson, members, officers and other
employees of the Authority shall be deemed, when
acting or purposing to act in pursuance of any of the
provisions of this Acl or rules or regulations made
thereunder, to be public servants within the meaning of
section 21 ol the lndian Penal Code (45 of 1860).
25. No Suit, Prosecution or other legal proceedings
shall lie against the Government or the Authority or any
off icer or other employees ol the Authority for anything
done or purported to have been done in good laith in
pursuance of the provisions of this Act or rules or
regulations made thereunder.
26. Whoever fails to comply with any order or
direclion given under this Act, within such lime as may
be specified in the said order or direction or contravenes
or attempts lo contravene or abets the contravention of
any of the provisions of thisAct or any rules or regulations
made thereunder shall be punishable with imprisonment
for terms which may extend to six months orwith fine,
which may extend to ten times ol the annual water
charges or, with both in respect of each offence.
27. ('1 ) Where an offence under this Act has been
comrnitted by a company , every person who at the
time, when the off ence tJas committed, was in charge
of, and was responsible to the company for the conduct
of the business of the company as well as the company,
shall be deemed to be guilty of the offence and shall be
!iable to be proceeded against and punished accordingly:
ccE
Provided that, nothing contained in this sub-
section shall render any such person liable to any
punishment under this Act il he proves that the otfence
was committed without his knowledge or that he
exercised all due diligence to prevent the commission
of such offence.
(2) Notwithstanding anything contain

Excerpt shown. Open the full act in Lexace.

‹ Prev All Arunachal Pradesh acts Next ›