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The Haryana Pond and Waste Water Management Authority Act, 2018 (33 of 2018)

Haryana · state statute
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(
xcv
i
i
)
 
 
 
 
 
Haryana Government Gazette
 
EXTRAORDINARY
 
Published  by  Authority
 
© Govt. of  Haryana
 
 
No. 
1
80
-
201
8
/Ext.
]
 
CHANDIGARH,  
TUES
DAY
,  
OCTOBER
 
 
2
3
,  2018
 
 
(
KARTIK
A
  
1
,  1940  SAKA )
 
LEGISLATIVE SUPPLEME
NT
 
 
CONTENTS
 
PAGES
 
PART
 
-
 
I
 
ACT
S
 
 
 
THE 
HARYANA POND AND WAS
TE WATER MANAGEMENT 
AUTHORITY 
ACT, 
 
2018
 
(HARYANA ACT NO. 
33
 
OF 2018).
 
295
–
304
 
PART
 
-
 
II
 
ORDINANCE
S
 
 
 
NIL
 
 
PART
 
-
 
III
 
DELEGATED
 
LEGISLATION
 
 
 
NIL
 
 
PART 
-
 
IV
 
CORRECTION  SLIPS,  
REPUBLICATIONS  AND 
 
REPLACEMENTS
 
 
 
NIL
 
 
 
 

 
HARYANA   GOVT.   GAZ.   (EXTRA.),   
OCT
.
  
2
3
,   201
8 
(
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.
  
1
,  1940
   
SAKA)
 
295
 
 
PART
-
I
 
HARYANA GOVERNMENT
 
LAW AND LEGISLATIVE DEPARTMENT
 
Notification
 
The 23rd
 
October
,
 
201
8
 
No.
Leg.38/2018
.
—
 
The 
following Act of the Legislature of the State of Haryana received 
the assent of the Governor of Haryana o
n
 
the 15th October, 2018 and is hereby published for 
general information:
-
 
HARYANA ACT NO.
 
33 OF 2018.       
 
THE HARYANA POND AND
 
WASTE WATER MANAGEME
NT
 
AUTHORITY 
 
ACT
, 2018
 
A
N
 
ACT
 
to establish an authority in the State for development, protection, 
rejuvenation, conservation, 
construction and management of pond, utilization of pond water and treatment thereof
 
and for 
management and utilization of treated effluent of sewage effluent treatment
 
plants for the purpose 
of irrigation, thereby reducing stre
ss of over exploitation of ground water and for matters 
connected therewith or incidental thereto.
 
 
   
Be it enacted by the Legislature of the State of Haryana in the Sixty
-
ninth Year of the 
Republic of India as follows:
-
 
1.
 
(1)
 
This Act may be called the 
Haryana Pond and Waste Water Management Authority 
Act, 2018.
 
 
(2)
 
It shall come into force on such date, as the Government may, by notification, 
appoint and different dates may be appointed for different provisions of the Act.
 
 
(3)
 
It applies to all ponds 
in the State but shall not apply to a pond
-
 
(i)
 
having an area of less than 0.5 acres;
 
(ii)
 
located in an area notified as forest; and
 
(iii) 
 
located on private land.
 
Short title, 
commencement 
and application.
 
2.
 
In this Act, unless the context otherwise 
requires,
-
 
(a)
 
“Authority” means the Haryana Pond and Waste Water Management Authority 
constituted under section 3;
 
(b)
 
“Chairperson” means the Chairperson of the Authority;
 
(c)
 
“district level committee” means District Consultation and Monitoring Committe
e 
constituted under section 12;
 
(d)
 
“District Pond Management Officer” means an officer of Group A service at the 
district level, to be nominated by the Government;
 
(e)
 
“Executive Vice
-
Chairperson” means the Executive Vice
-
 
Chairperson of the 
Authority;
 
(f
)
 
“Government” means the Government of the State of Haryana in the administrative 
department;
 
(g)
 
“Gram Panchayat” means a Panchayat constituted at village level under the Haryana 
Panchayati Raj Act, 1994 (11 of 1994);
 
(
h
)
 
“
member
”
 
means a member o
f the 
A
uthority
 
and includes the Chai
rperson, Senior 
Vice
-
Chairperson and Executive Vice
-
Chairperson;
 
 
D
efinitions.
 
296
 
HARYANA   GOVT.   GAZ.   (EXTRA.),   
OCT.  23
,   201
8 
(
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,  1940
   
SAKA)
 
 
 
 
(i)
 
“Member 
Secretary” means the Member Secretary of the Authority;
 
(j)
 
“municipality” means an institution of self
-
G
overnment which may be Municipal 
Committee or a Municipal Council or a Municipal Corporation;
 
(k)
 
“pond” means a tank or lake or any other inland water
 
body having an area of 0.5 acre 
or more, whether it contains water or not, and mentioned in revenue records as talab, 
johar, tank or by any other name and includes green belt and the peripheral 
catchments areas, main feeder inlet and other inlets, bunds, 
weirs, sluices etc but does 
not include wet lands as notified by the Government from time to time;
 
(l)
 
“prescribed” means prescribed by the rules made under this Act;
 
(m)
 
“protected area” means the area declared as such under section 16;
 
(n)
 
“State” means 
the State of Haryana;
 
(o)
 
“village level committee” means the Village Pond and Waste Water Management 
Committee constituted under section 19.
 
Constitution 
of Authority.
 
3.
 
(1)
 
The Government shall, by notification in the Official Gazette and with effect 
from 
such date, as may be specified in the notification, constitute, for the purposes of this Act, an 
Authority to be called the Haryana Pond and Waste Water Management Authority with headquarter 
at such place, as the Government may, specify.
 
 
(2)
 
The Auth
ority shall be a body corporate by the name aforesaid, having perpetual 
succession and a common seal, with power to acquire, hold and dispose of property both moveable 
and immovable and to contract and shall by the said name, sue or be sued.
 
 
(3)
 
The Autho
rity shall consist of the following members, namely:
-
 
 
(i)
 
Chief Minister, Haryana
 
Chairperson
 
 
(ii)
 
Minister In
-
charge, Irrigation and
 
SeniorVice
-
Chairperson
 
 
 
Water Resources Department
 
 
(iii)
 
Minister In
-
charge, Development
 
Senior Vice
-
Chairperson
 
 
 
and
 
Panchayats Department
 
 
(iv)
 
A person of eminence in the field
 
ExecutiveVice
-
Chairperson
 
 
 
of water resources management with
 
 
 
 
proven track record having minimum
 
 
 
qualification of graduation, to be appointed
 
 
 
by the Government
 
 
(v)
 
Additional Chief Secretary/Principal 
 
Member
 
 
 
Secretary to Government, Haryana, 
 
 
 
Finance Department
 
 
 
(vi)
 
Additional Chief Secretary /Principal
 
Member
 
 
 
Secretary to Government, Haryana,
 
 
 
Irrigation and Water Resources Department
 
(vii)
 
Additional 
Chief Secretary/Principal 
Secretary to Government, Haryana, 
Development and Panchayats Department
 
Member
 
(viii)
 
Additional Chief Secretary/Principal 
Secretary to Government, Haryana, Rural 
Development Department
 
Member
 
(ix)
 
Additional Chief 
Secretary/Principal 
Secretary to Government, Haryana, Urban 
Local Bodies Department
 
Member
 
(x)
 
 
 
 
Additional Chief Secretary/Principal 
Secretary to Government, Haryana, 
Agriculture and Farmers’ Welfare 
Department
 
Member
 
(xi)
 
Additional Chief Secretary/Pr
incipal 
Secretary to Government, Haryana, Public 
Health Engineering Department
 
Member
 
 
 
HARYANA   GOVT.   GAZ.   (EXTRA.),   
OCT
.
  
2
3
,   201
8 
(
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,  1940
   
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297
 
 
(xii)
 
Additional Chief Secretary/Principal Secretary to 
Government, Haryana, Environment and Climate 
Change Department
 
Member
 
(xiii)
 
Vice Chancellor, Deenbandhu 
Chhotu Ram 
University of Science and Technology, Murthal 
(Sonipat)
 
Member
 
(xiv)
 
Director, National Institute of Technology, 
Kurukshetra
 
Member
 
(xv)
 
An officer, who is or has been working on the 
post not below the rank of Engineer
-
in
-
Chief or 
equivalent i
n the Irrigation and Water Resources 
Department or Public Health Engineering 
Department of the State or Central Government, 
to be appointed by the Government as Technical 
Advisor
 
Member
 
(xvi)
 
Two persons from amongst experts/social 
workers in the field of
 
environment, ecology or 
pond development and conservation, to be 
appointed by the Government
 
Non
-
Official Members
 
(xvii)
 
 
An officer who is or has been working on the 
post not below the rank of Chief Engineer or 
equivalent in the Irrigation and Water 
Resources 
Department, Public Health Engineering 
Department or Development and Panchayats 
Department of the State or Central Government
.
 
Member Secretary
 
 
 
4.
 
(1)
 
The salaries, allowances and other conditions of service of the Executive Vice
-
Chairperson, 
Technical Advisor and Member Secretary shall be such, as may be prescribed and 
shall hold the office for a period of three years or till attaining the age of sixty
-
five years, 
whichever is earlier.
 
 
(2)
 
The tenure of the non
-
official members shall be for a
 
period of two years and shall 
not be eligible for re
-
appointment beyond two terms.
 
 
(3)
 
A member, other than ex
-
officio member may, at any time, by writing under his 
hand, addressed to the Chairperson, resign from his office.
 
 
(4)
 
The non
-
official members
 
shall receive such allowances for attending the meeting of 
the Authority, as may be prescribed.
 
Salary, 
allowances and 
conditions of 
service.
 
5.
 
(1)
 
The Authority shall meet at such time, at such place and observe such rules of 
procedure for conduct of m
eetings and transaction of business, as may be prescribed.
 
 
(2)
 
The Chairperson and in his absence, the Senior Vice
-
Chairperson shall preside over 
the meetings of the Authority.
 
 
(3)
 
The quorum for a meeting shall be one
-
third of the total number of 
members.
 
Meetings of 
Authority.
 
6.
 
The Authority shall perform the following functions, namely:
-
 
(i)
 
to survey a
nd study pond, its boundaries and protected area;
 
(ii)
 
to analyze water of pond for ascertaining its suitability for irrigation and other uses;
 
(iii)
 
to take steps for regulation, control, protection, cleaning, beautification, 
conservation, reclamation, regeneration, restoration and construction of pond;
 
(iv)
 
to make environmental impact assessment of pond;
 
(v)
 
to prepare integrated plan for deve
lopment of pond and removal of encroachment; 
 
(vi)
 
to promote community participation and awareness in cleaning, conservation, 
tourism and beautification of pond by organizing awareness programmes, workshops 
and seminars;
 
(vii)
 
to develop infrastructure 
such as pumping machinery, channels and pipe systems for 
utilization of pond water and effluent of sewage effluent treatment plants for the 
purpose of irrigation;
 
(viii)
 
any other function, as may be directed by the Government. 
 
Functions of 
Authority.
 
298
 
HARYANA   GOVT.   GAZ.   (EXTRA.),   
OCT.  23
,   201
8 
(
KRTK
.
  
1
,  1940
   
SAKA)
 
 
 
Po
wers of 
Authority.
 
7.
 
The 
Authority while performing its functions under this Act shall have the following powers, 
namely:
-
 
(i)
 
to enter into pond land, green belt and catchment area to perform its functions;
 
(ii)
 
to receive grants, donations, 
contributions and rents;
 
(iii)
 
to levy fee or charges;
 
(iv)
 
to receive Corporate Social Responsibility funds from private organizations; 
 
(v)
 
to grant administrative approval for execution of projects;
 
(vi)
 
to release funds to village level committee on th
e recommendation of the district level 
committee; 
 
(vii)
 
any other power, as may be assigned by the Government.
 
Powers and 
du
ties of 
Executive 
Vice
-
Chairperson
.
 
8.
 
(1)
 
The Executive Vice
-
Chairperson shall give administrative approval to all project 
estima
tes and accept tenders subject to concurrence of the Authority:
 
 
 
Provided that no such concurrence shall be necessary upto such amount, as may be 
prescribed.
 
 
(2)
 
The Executive Vice
-
Chairperson shall exercise such other powers and perform such 
other dutie
s, as may be prescribed.
 
Powers and 
duties of 
Technical 
Adivsor.
 
9.
 
The 
Technical Advisor shall exercise the following powers and perform the following 
functions, namely:
-
 
(i)
 
 
to prepare proposals and project estimates for development of pond;
 
(ii)
 
to 
prepare irrigation schemes from pond and sewage/effluent treatment plant and other 
works connected thereto;
 
(iii)
 
to accord technical sanction to estimates after administrative approval of the project;
 
(iv)
 
to give technical advice to the Authority;
 
(v)
 
to
 
monitor execution of schemes and works of the Authority;
 
(vi)
 
to authenticate such technical permissions, orders, notices and other documents of the 
Authority, as may be prescribed;
 
(vii)
 
to exercise control over such officers and officials of the Authori
ty, as may be 
prescribed.
 
Powers and 
duties of 
Member 
Secretary.
 
10.
 
The 
Member Secretary shall exercise the following powers and perform the following duties, 
namely:
-
 
 
(i)
 
to carry into effect the resolutions of the Authority;
 
(ii)
 
to conduct affairs of
 
the Authority;
 
(iii)
 
to draw and disburse monies out of the fund of the Authority as delegated to him;
 
(iv)
 
to authenticate such permissions, orders, decisions, notices and other documents, as 
may be prescribed;
 
(v)
 
to exercise such other powers, discharg
e such other functions and perform such other 
duties, as may be prescribed.
 
Organizational 
Structure of 
Authority.
 
11.
 
(1)
 
The o
rganization of the Authority shall have establishment, engineering, accounts and 
legal sections.
 
 
(2)
 
The Authority with the 
prior approval of the Government may appoint such 
officers and staff, in such manner and with such qualifications and conditions of service, as may be 
prescribed.
 
 
 
HARYANA   GOVT.   GAZ.   (EXTRA.),   
OCT
.
  
2
3
,   201
8 
(
KRTK
.
  
1
,  1940
   
SAKA)
 
299
 
 
 
(3)
 
The Authority may recruit or engage officers and officials on deputation or through 
co
ntractual engagements, as it may deem necessary for discharge of its functions.
 
 
(4)
 
The Authority may get its works executed as deposit work from any other 
department or organization of the State.
 
 
12.
 
(1)
 
The Government shall, by notification in the Official Gazette, constitute a committee 
at each district level to be called the 
___________ (name of district) District Consultation and 
Monitoring Committee consisting of the following members, namely:
-
 
(i)
 
M
inister In
-
charge, District Grievances 
Committee
 
Chairperson
 
(ii)
 
Chairperson, Zila Parishad
 
Member
 
(iii)
 
Mayors/Presidents of the concerned 
M
unicipalities
 
Member
 
(iv)
 
Deputy Commissioner
 
Member
 
(v)
 
Additional Deputy Commissioner
-
cum
-
CEO 
(District 
Rural Development Authority)
 
Member
 
(vi)
 
Superintending Engineer, Irrigation and Water 
Resources Department 
 
Member
 
(vii)
 
Superintending Engineer, Public Health 
Engineering Department
 
Member
 
(viii)
 
District Development and Panchayat Officer
 
Member
 
(ix)
 
Deputy Director, Agriculture and Farmers’ 
Welfare Department 
 
Member
 
(x)
 
District Horticulture Officer
 
Member
 
(xi)
 
District Forest Officer
 
Member
 
(xii)
 
District Fisheries Officer
 
Member
 
(xiii)
 
Two persons from amongst experts/social 
workers in the 
field of environment, ecology or 
pond development and conservation, to be 
appointed by the Government
 
Non
-
Official 
Members
 
(xiv)
 
District Pond Management Officer 
 
Member Secretary
 
 
(2)
 
The non
-
official members shall receive such allowances for attending 
the meetings 
of the district level committee, as may be prescribed. 
 
 
(3)
 
The tenure of the non
-
official members shall be for a period of two years and shall 
not be eligible for re
-
appointment beyond two terms.
 
District 
Consulation 
and 
Monit
o
ring 
Committee.
 
13.
 
The 
District Pond Management Officer shall exercise the following powers and perform the 
following duties, namely:
-
 
 
 
(i)
 
to give effect to the resolutions of the district level committee;
 
(ii)
 
to conduct affairs of the district level 
committee;
 
(iii)
 
to monitor execution of schemes and works of the district level committee;
 
(iv)
 
to exercise control over the officers and officials of the district level committee;
 
(v)
 
to exercise such other powers and discharge such other functions and p
erform such 
other duties, as may be prescribed.
 
Functions and 
duties of District 
Pond 
Management 
Officer.
 
14.
 
N
o person shall,
-
 
(i)
 
construct any structure on pond land, green belt and catchment area, occupy any 
pond land or part thereof or cause any 
obstruction in the natural or normal course of 
inflow or outflow of water into or from the pond on the upstream or down
-
stream 
without permission of the Authority;
 
Acts 
prohibited in 
pond.
 
300
 
HARYANA   GOVT.   GAZ.   (EXTRA.),   
OCT.  23
,   201
8 
(
KRTK
.
  
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,  1940
   
SAKA)
 
 
 
 
(ii)
 
dump debris, municipal or industrial waste, mud or earth soi
l into and around pond, 
green belt or catchment areas;
 
(iii)
 
discharge untreated municipal waste or industrial effluent into pond directly or 
indirectly;
 
(iv)
 
construct roads, bridges or other structures within the pond area including the pond 
bund without
 
permission of the Authority;
 
(v)
 
breach bund, waste weir including lowering or  raising the height of the waste weir 
from its original height or remove fence, boundary stones or any hoarding or any sign 
board erected by the Authority;
 
(vi)
 
do any other 
act which is detrimental, directly or indirectly to pond:
 
Provided that nothing in this Act shall prohibit the Authority to redefine water 
uses of pond or treated effluent of sewage treatment plant or effluent treatment plant, 
from time to time:
 
Provided f
urther that the Authority may grant permission for any of the above 
prohibited uses, in public interest with the prior concurrence of the Government.
 
Construction 
and 
development 
of pond to vest 
in Authority.
 
15.
 
(1)
 
Notwithstanding anything contained in any State law, instrument or order, the 
construction and development of pond with effect from the commencement of this Act shall, vest in 
the Authority. No person shall undertake any activity, whatsoever, within the bo
undary of a pond 
otherwise than in accordance with the permission granted by the Authority: 
 
 
Provided that the Authority shall not grant any permission unless it is satisfied that such 
permission
 
shall not have adverse impact on construction and development of pond:
 
 
Provided further that the Government may, by order in writing, allow withdrawal and use of 
the 
water
 
of pond for the purposes for which it was withdrawn and used immediately before th
e 
commencement of this Act to the extent such withdrawal does not affect adversely the conservation 
and development of pond. 
 
 
(2)
 
Notwithstanding
 
anything contained in any other State law, the Authority may direct 
the Gram Panchayat or municipality to rem
ove any building, structure or any other object of 
obstruction within the protected area and pond land:
 
 
 
Provided
 
that no building, structure or any other object of obstruction shall be 
removed, without following such procedure, as may be prescribed.
 
Dec
laration of 
protected area.
 
16.
 
(1)
 
The Government may, by notification in the Official Gazette, either suo
-
moto
 
or on 
the recommendation of the Authority, declare a geographical area, green belt or catchment area 
around the pond to be a protected area.
 
 
(
2)
 
Any person aggrieved by the notification under sub
-
section (1) may, within two 
months from the date of publication of such notification in the Official Gazette, file his objections or 
suggestions before the Government in such manner, as may be prescribe
d.
 
 
(3)
 
On the expiry of the period specified in sub
-
section (2), the Government may, after 
considering the objections and suggestions received by it under sub
-
section (2), either withdraw or 
modify the notification issued under sub
-
section (1) or reject t
he objections or suggestions, as the 
case may be. The decision of the Government shall be final.
 
Reularation of 
activities in 
protected area.
 
17.
 
(1)
 
The Authority shall be consulted at the time of preparation of spatial or development plan 
of any area comprising a pond or protected area and no spatial or development plan in respect of 
such area shall be approved or enforced without prior approval of t
he Authority.
 
 
(2)
 
No construction shall be undertaken in the protected area without obtaining prior 
permission of the Authority. The Authority may grant permission in such manner, as may be 
prescribed.
 
 
(3)
 
The Government may, by notification in the Offic
ial Gazette, either suo
-
moto
 
on the 
basis of information available with it or on the recommendation of the Authority, specify, such other 
activities in the protected area, as it considers expedient for the construction and development of 
pond, which shall 
be prohibited or be undertaken after obtaining prior permission of the Authority.
 
 
(4)
 
The Authority shall not grant any permission under sub
-
sections (2) or (3) if it is 
satisfied that such permission is likely to have adverse impact on construction and d
evelopment of 
pond.
 
 
HARYANA   GOVT.   GAZ.   (EXTRA.),   
OCT
.
  
2
3
,   201
8 
(
KRTK
.
  
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,  1940
   
SAKA)
 
301
 
 
18.
 
(1)
 
When an offence under sections 14, 15 or 17 has been committed, any instrument, 
implement, machinery, device, tool, boat, vehicle or any other material or object used in 
committing any such offence, shall be seized by the Gram 
Panchayat or 
M
unicipality. 
 
 
(2)
 
The Gram Panchayat or 
M
unicipality seizing any property, vehicle, material or 
object under sub
-
section (1) shall place on them a mark indicating that the same has been so seized 
and shall, as soon as may be, make a report o
f such seizure to the police station having jurisdiction 
to try the offence on account of which the seizure is made.
 
Power to seize.
 
19.
 
(1)
 
The Government may, if deemed necessary, constitute a
 
village level committee to 
be called _________ (name of village) Pond and Waste Water Management Committee to carry 
out the objects of this Act.  The committee shall be headed by the Sarpanch and shall consist of 
village level workers i.e. members from Vi
llage Water and Sanitation Committee (VWSC), Asha 
worker, member of self
-
help group, Swachhta Doot, representative of farmers to be benefitted and 
other volunteer social worker from village, as deemed fit.
 
(2)
 
The district level committee shall review the 
achievements of village level committee. 
 
Viilage pond 
and Waste 
Water 
Management 
Committee.
 
20.
 
W
hoever contravenes the provisions of sections 14, 15 or 17 shall be liable for fine not 
exceeding twenty
-
five thousand rupees or to imprisonment not exceedin
g three months or both
 
Panelty for 
contravention.
 
21.
 
Whoever,
-
 
(i)
 
obstructs the Gram Panchayat, 
M
unicipality, District Pond Management Officer  or 
any person acting under the orders or directions of the Authority, from exercising 
powers, discharging function or performing duties under this Act or the rules made 
thereunder; or 
 
(ii)
 
damages any work or
 
property of the Authority; or 
 
(iii)
 
destroys, pulls down, removes, injures or defaces any pillar, post or stake fixed in the 
ground or any notice or other matter put up, inscribed or placed, by or under the 
directions of the Authority,  shall be liable o
n conviction to a fine not exceeding ten 
thousand rupees or to imprisonment not exceeding one month or both.
 
Penalty for 
causeing 
obstruction.
 
22
.
 
If any person, who has been convicted of any offence under section 20 is again found guilty 
of an offence in
volving a contravention of the same provision, shall on the second and on every 
subsequent conviction be liable to a fine not exceeding fifty thousand rupees or to imprisonment 
not exceeding six months or to both.
 
Enhanced 
panelty for 
subsequent 
offence.
 
23.
 
Where an offence under this Act has been committed by a company or residents association, 
every person who, at the time, the offence was committed was in charge of, and was responsible to 
the conduct of the business of the company or residents associat
ion shall be deemed to be guilty of 
the offence and shall be liable to be proceeded against and punished accordingly: 
 
 
Provided that nothing contained in this section shall, render any such person liable to any 
punishment provided in this Act if he proves
 
that the offence was committed without his 
knowledge.
 
Explanation.
-
 
For the purposes of this section 
“company” means any body corporate and includes 
a firm or other association of individuals.
 
Offences by 
company.
 
24.
 
(1)
 
The fund of the Authority shall consist of the amount  to be paid to it by the 
Government and all other receipts by way of gift, grant, penalties, fee,  user charges or otherwise  
and shall be utilized for making payments and for  performing its duties and
 
discharging its 
functions under this Act. 
 
 
(2)
 
The Authority may receive Corporate Social Responsibility funds from private 
organizations. The Authority may release funds to or receive funds from any other Department or 
any organization of State for implementation of the scheme or programme as a deposi
t work in 
such manner, as may be prescribed.
 
 
(3)
 
The Authority may keep in saving or deposit account with any scheduled bank or 
 
co
-
operative or other bank approved by the Government in this behalf, such sum of money out of 
its fund, as it may determine a
nd any money in excess of the said sum shall be invested in such 
manner, as may be prescribed.
 
 
(4)
 
The accounts shall be operated in such manner and by such officer, as may be 
prescribed.
 
Fund of 
Authority.
 
302
 
HARYANA   GOVT.   GAZ.   (EXTRA.),   
OCT.  23
,   201
8 
(
KRTK
.
  
1
,  1940
   
SAKA)
 
 
 
Accounts and 
audit.
 
25
.
 
(1)
 
The Authority shall
 
maintain proper accounts and other relevant records and prepare 
an annual statement of accounts including the balance sheet in such form and manner, as may be 
prescribed.
 
 
(2) 
 
The accounts of the Authority shall be subject to audit annually by the Accoun
tant 
General, Haryana and any expenditure incurred in connection with such audit shall be payable by the 
Authority.
 
 
(3) 
 
The Accountant General, Haryana and any person appointed by him in connection 
with the audit of accounts of the Authority shall have t
he same rights, privileges and authority in 
connection with such audit as the Accountant General, Haryana has in connection with the audit of 
the Government accounts and in particular, shall have right to demand the production of books, 
accounts, connected
 
vouchers and other documents and papers and to inspect the office of the 
Authority.
 
 
(4) 
 
The accounts of the Authority as certified by the Accountant General, Haryana or any 
person appointed by him in this behalf together with the audit report thereon an
d an explanatory 
memorandum on the action so taken or proposed to be taken shall be forwarded annually to the 
Government and the Government shall cause a copy of the same to be laid before the State 
Legislature.
 
 
(5) 
 
The Member Secretary shall cause the 
accounts of the Authority together with the 
audit report and the explanatory memorandum to be placed on the website of the Authority after the 
report has been laid before the State Legislature under sub
-
section(4).
 
Annual Report.
 
26.
 
(1)
 
The Member 
Secretary shall prepare for every year a report of its activities during that 
year and submit the annual report to the Government in such form and on or before such date, as 
may be prescribed and the Government shall cause the report to be laid before the 
State Legislature.
 
 
(2) 
 
The report referred to in sub
-
section (1) shall include an explanatory memorandum on 
the 
status
 
of implementation of the annual plan of action on relief measures, schemes implemented 
alongwith gaps and shortfalls, if any, in implem
entation and reasons for such shortfall.
 
 
(3) 
 
The Member Secretary shall cause the report together with the explanatory 
memorandum to be placed on the website of the Authority after the report has been laid before the 
State Legislature under sub
-
section (
1).
 
Budget.
 
27.
 
(1)
 
The Member Secretary shall submit, in such form and manner and at such time every 
year, as may be prescribed, a budget in respect of the financial year next ensuing , showing the 
estimated receipts and disbursement of the Authority.
 
 
(
2) 
 
The Authority shall, subject to such modifications and revisions, as it may decide, 
approve the budget submitted under sub
-
section (1).
 
 
(3) 
 
The budget as modified or revised by the Authority shall be forwarded to the 
Government alongwith such number 
of authenticated copies, as may be required by the Government 
and the Government shall cause the report to be laid before the State Legislature.
 
 
(4) 
 
The Member Secretary shall cause the budget as modified or revised by the Authority, 
to be placed on the 
website of the Authority after the report has been laid before the State Legislature 
under sub
-
section (3).
 
Officers to be 
public ser
vants.
 
28.
 
The Chairperson, the Senior Vice
-
Chairperson, the Executive Vice
-
Chairperson, Technical 
Advisor, Member Secretary, 
M
embers, officers and other employees of the Authority and every 
other officer exercising any of the powers conferred by this Act or the rules made thereunder shall 
be deemed to be a public servant within t
he meaning of section 21 of the Indian Penal Code, 1860 
(Central Act 45 of 1860).
 
Protection of 
action taken in 
good faith.
 
29.
 
No suit, prosecution or other legal proceeding shall lie against any person for anything 
which
 
is in good faith done or intended to be done under this Act or any rule made thereunder.
 
 
HARYANA   GOVT.   GAZ.   (EXTRA.),   
OCT
.
  
2
3
,   201
8 
(
KRTK
.
  
1
,  1940
   
SAKA)
 
303
 
 
30.
 
(1)
 
T
he provisions of this Act shall have effect notwithstanding anything inconsistent 
therewith contained in any other State law for the time being in force.
 
 
(
2)
 
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.
 
Effect of other 
laws.
 
31.
 
(1)
 
If any difficulties arise in giving effect to the provisions of this Act, the 
Government 
may, by order published in the Official Gazette, make such provision, not inconsistent with the 
provisions of this Act, as appear to it to be necessary or expedient for removing the difficulties:
 
 
 
Provided that no order shall be made under this
 
section after the expiry of two years 
from the date of commencement of this Act.
 
 
(2)
 
Every order made under this section shall, as soon as may be after it is made, be laid 
before the State Legislature.
 
Power to 
remove 
difficulties.
 
32.
 
Nothing in this A
ct shall restrict or be construed as restricting any religious rights of any 
section of the society in respect of a pond having religious importance.
 
Saving of 
religious rights.
 
33.
 
The Government may issue administrative orders and guidelines not 
inconsi
stent
 
with the 
provisions of this Act to carry out the objects of this Act until the rules are made.
 
Transitory 
provisions.
 
34.
 
(1)
 
The Government may, by notification after previous publication, make rules to carry 
out any or all the purposes of this 
Act.
 
 
(2)
 
In particular and without prejudice to the generality of the foregoing power, such 
rules may provide for all or any of the following, matters, namely:
-
 
(i)
 
salary, allowances and other conditions of service for the Executive 
 
Vice
-
Chairperson of 
the Authority;
 
(ii)
 
salary, allowances and other conditions of service for the Technical Advisor;
 
(iii)
 
salary, allowances and other conditions of service for the Member Secretary;
 
(iv)
 
allowance to be paid to non
-
official members for attending meeting;
 
(v
)
 
procedure for conduct of business at the meeting of the Authority;
 
(vi)
 
the amount upto which the Executive Vice
-
Chairperson shall have the power 
to administratively approve the project estimates and accept tenders without 
concurrence of the Authority;
 
(
vii)
 
such other powers as may be exercised by the Executive Vice
-
Chairperson;
 
(viii)
 
powers of the Technical Advisor to exercise control over the officers and 
officials of the Authority;
 
(ix)
 
powers of the Technical Advisor to authenticate by his signature
s all technical 
permissions, orders, notices and other documents of the Authority;
 
(x)
 
powers of the Member Secretary to authenticate by his signatures all 
permissions, orders, decisions, notices and other documents of the Authority;
 
(xi)
 
powers of the Mem
ber Secretary to exercise other powers and discharge other 
functions and perform other duties of the Authority;
 
(xii)
 
manner, qualifications and conditions of service of officers and staff of the 
Authority;
 
(xiii)
 
the allowances of non
-
official members of 
the district level committee for 
attending the meeting;
 
(xiv)
 
other powers, functions and duties of the District Pond Management Officer;
 
(xv)
 
the procedure to be followed for removing buildings, structure or any other 
object of obstruction;
 
(xvi)
 
the mann
er for filing objections or suggestions declaring pond boundaries and 
protected area;
 
(xvii)
 
the manner for obtaining prior permission for undertaking construction in the 
protected area;
 
 
Power to make 
rules.
 
304
 
HARYANA   GOVT.   GAZ.   (EXTRA.),   
OCT.  23
,   201
8 
(
KRTK
.
  
1
,  1940
   
SAKA)
 
 
 
 
(xviii)
 
the manner to release or receive funds from any other department or any other 
organization of Government for implementation of scheme or programme as a 
deposit work;
 
(xix)
 
the manner for investment of excess funds with the Authority;
 
(xx)
 
manner for operat
ion of accounts;
 
(xxi)
 
the form and manner for maintaining proper accounts and other records and for 
preparation of annual statement of accounts of the Authority;
 
(xxii)
 
the form and manner for preparation of annual report of full accounts of 
activities of
 
the Authority;
 
(xxiii)
 
the form and the date for submission of annual report;
 
(xxiv)
 
the form, manner and time for preparation of budget;
 
(xxv)
 
any other matter which has to be or may be prescribed.
 
 
(3)
 
Every rule made under this Act shall be laid down, 
as soon as may be possible, before 
the State Legislature.
 
Repeal and 
saving.
 
35.
 
(1)
 
The Haryana Pond and Waste Water Management Authority Ordinance, 2018 
(Haryana Ordinance No.4 of 2018), is hereby repealed.
 
 
(2)
 
Notwithstanding such repeal, anything don
e or any action taken under the said 
Ordinance shall be deemed to have been done or taken under this Act.
 
 
 
 
MEENAK
S
HI I. MEHTA
,
 
 
Additional Legal Reme
m
brancer & Special Secretary
 
 
to Government Haryana,
 
 
Law and Legislative Department.
 
 
 
 
 
 
 
 
 
 
 
84
1
1
—
L.R.
—
H.G.P., 
Pkl
.
 

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