LexThe jharkhand Water Resources Regulatory Authority Act, 2014
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Annexure-I
Jharkhand Water Resources Regulatory Authority Act, 2014
(Jharkhand Act No.- 10, 2014)
(As passed by the Legislature of the State of Jharkhand)
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE JHARKHAND
WATER RESOURCES REGULATORY AUTHORITY FOR REGULATION OF WATER
RESOURCES WITHIN THE STATE OF JHARKHAND, FACILITATE EFFECTIVE
UTILIZATION OF WATER RESOURCES WITHIN THE STATE TO ENSURE ITS
SUSTAINABLE AND SCIENTIFIC MANAGEMENT FOR DRINKING, AGRICULTURE,
INDUSTRIAL AND OTHER PURPOSES AND MATTERS CONNECTED THEREWITH
OR INCIDENTAL THERETO.
Chapter I
Preliminary
Short title,
Extent, and
Commencement
1 (1) This may be called the Jharkhand Water Resources Regulatory
Authority Act, 2014
(2) It extends to the whole of the State of Jharkhand.
(3) It shall come into forc e on such date as the State Government may, by
notification in Official Gazette, appoint.
(4) The provisions of this Act shall apply notwithstanding anything to the
contrary contained in the Bengal Irrigation Act, 1875 and Bihar
Irrigation Act, 1997.
Definitions 2 (1) In this Act, unless the context otherwise requires :
(a) “Area of Operation” means the entire geographical area of
Jharkhand in which water is managed and supplied to different use
sectors by public or private agency or the area which is benefited by
flood protection and drainage works;
(b) “Basin” means the area of land around a river from which streams
run down into it;
(c) “Bulk Water Entitlement” means the volumetric authorization given
by the Authority to a share of water resources made available by a
project, river system or storage facility, for a specific period of time as
specifically provided in the order granting the entitlement;
(d) “Cess” means an amount to be charged on lands benefited by flood
protection and drainage works from owner/lease holders of such lands;
(e) “Entitlement” means any authorization by the Authority to use the
water for the specified purpose under this Act;
(f) “Category of Use” means use of water for different purposes such as
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for domestic, agricultural, irrigation, agro-based industries, industrial or
commercial, environmental, power generation etc., and includes such
other purposes as may be prescribed;
(g) “Chairperson” means the Chairperson of the Authority;
(h) “ Authority” means the Jharkhand Water Resources Regulatory
Authority established under section-3 of the Act.
(i) “Government” or “State Government” means the Government of
Jharkhand.
(j) “Irrigation Project” means a project constructed to provide Irrigatio n
facilities to the land situated in the command area in accordance with
the project reports and orders issued in this regard, as revised from time
to time;
(k) “Member” means a Member of the Authority and includes the
Chairperson;
(l) “Notificatio n” means a notification published in the Jharkhand
Gazette and the word notified shall be construed accordingly;
(m) “Prescribed” means prescribed by rules made under this Act;
(n) “ Search Committee” means a Selection Committee constituted
under Section 6 of the Act.
(o) “State” means the State of Jharkhand.
(p) “Water User Association” or “Water Committee” means the
Committees constituted under the Bihar Irrigation Act 1997.
Bihar Irrigation
Act No. 11 of
1997
(2) Words and expressions us ed and not defined in this Act but defined in
various irrigation or water resources related Acts in the State shall have
the meanings respectively assigned to then in those Acts.
Chapter II
Establishment of Authority
Establishment
of Authority
3 (1) The State Government shall within three months from the date of
commencement of this Act, by notification, establish a Authority to be
known as the “Jharkhand Water Resources Regulatory Authority” to
perform the functions and duties assigned to, and to exercise the powers
conferred on it, under this Act.
(2) The Authority shall be a body corporate.
(3) The head office of the Authority shall be at Ranchi.
(4) The Authority shall consist of a Chairperson and two other members
notified by the State Government.
(5) The Chairperson and the Members of the Authority shall be appointed
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by the State Government on the recommendation of a search committee
referred to in section 6.
Qualification
for appointment
of Chairperson
and other
Members of the
Authority
4 (1) Only such person shall be appointed as the Chairperson or a Member
who possesses the qualification mentioned hereunder :-
(a) Chairperson- The Chairperson shall be a person having minimum
bachelor’s degree of any recognized university/institut e with
administrative/technical experience of not less than 25 years, and must
have held the post equivalent to Secretary/Engineer in Chief in the State
Government.
(b) Members :-
(i) One Member shall be expert in the field of water resources having
a B-Tech degree in civil/mechanical/Hydrology and allied trades of
engineering of any recognized university/ institute and having
experience of at least 25 years of service in the field of
irrigation/water resources and having served as Chief Engineer or
any post equivalent thereto.
(ii) One Member shall be an expert and must have minimum 25 years
of experience in the field of administration having master’s degree
in economics/ Agricultural Science /Statistics/Management or PG
Diploma in Management.
(2) The Chair person or any Member of the Authority shall not hold any
other office during his/her tenure as such.
(3) The Chairperson shall be the Chief Executive Officer of the Authority.
(4) Where the Chairperson is unable to discharge his functions owing to
absence, illness, death, resignation or any other cause or where any
vacancy occurs in the office of the Chairperson, any Member
nominated by the Chairperson on his behalf, shall exercise the powers
and discharge the duties of the Chairperson.
Disqualification
for being the
Chairperson or
a member
5 A person shall be disqualified for appointment as the Chairperson or a
Member, if he :-
(a) has been adjudged as insolvent; or
(b) has become physically or mentally incapable of acting; or
(c) has been convicted and sentenced to imprisonment for any offence
involving moral turpitude; or
(d) has acquired such financial or other interest as is likely to affect his
functions as the Chairperson or a Member; or
(e) has so abused his position as to rende r his continuance in office
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prejudicial to the public interest; or
(f) is a Member of Parliament, or of any State Legislature or any local
authority or is a candidate for election thereto; or
(g) is an active member of a political party or holds a post therein.
Constitution
and function of
the Search
Committee
6 (1) The State Government shall, by notification, constitute a search
committee, for the purposes of making appointments of the Chairperson
and Members under sub -section 5 of section 3. The Co mmittee shall
consist of :-
(i) the Chief Secretary, Government of Jharkhand : ex officio President;
(ii) the Chairman, Central Water Commission or his nominee who shall be
the member of the Central Water Commission: ex officio Member;
(iii) the P rincipal Secretary, Water Resources Department, Govt. of
Jharkhand. – ex-officio Member Secretary.
(iv) Director Indian institute of management Ranchi :
ex-officio Member;
(v) The Principal secretary, Agriculture Department Government of
Jharkhand: ex-officio Member.
(2) The State Government shall within one month from the date of
occurrence of any vacancy by reason of death, resignation or removal
and six months before the superannuation or end of tenure of the
Chairperson or the Member, make a reference to the Search Committee
for filling up of the vacancy.
(3) The search committee while making recommendation of the
Chairperson and the Members, shall have due regard to performance
record, ability, integrity, character, qualification and expe rience of the
person proposed to be selected as Chairperson or other Member as the
case may be.
(4) The search committee shall try to finalize the selection of the Members
within two months from the date on which reference is made to it.
(5) The search committee shall recommend a panel of two names for every
vacancy referred to it.
(6) A person who is considered for selection as the Chairperson or a
Member shall notify to the Search Committee :-
(a) of any office, employment or consultancy agree ment or arrangement
which the person or his relative has in his own name or in any firm,
association of persons or body corporate, owned or otherwise
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controlled by any of them carrying on any of the following business:
(i) diversion of surface water, distr ibution of water, extraction of
ground water or supply of water;
(ii) manufacture, sale, lease, hire or otherwise supply of or dealing in
machinery, plant equipment, apparatus or fittings related to water
industry;
(iii) any entity providing any professional service s to any of the
business referred to in clause (i) and (ii) above.
(b) such other details and information as may be prescribed by the Search
Committee.
(7) The details received from the persons referred to in sub-section (6) of
the preceding section shall be placed for consideration of the Search
Committee at the time of selection and recommendation of the person
for appointment as the Chairperson or a Member.
(8) The Chairperson and each Member shall, before taking charge of the
office, divest himself of the interest in the businesses mentioned in sub -
section (6) as a condition of his or her appointment.
(9) If a person to be appointed as the Chairperson or a Member holds any
office under the State or Central Government or any public sector
corporation or any government body or is gainfully employed or
engaged in service by any other person, government authorities, public
or private sector or otherwise, he shall submit his resignation or take
voluntary retirement from that service before joining the Authority.
(10) So long as a person holds the office of the Chairperson or a Member
and for a period of two years there after he ceases to be the Chairperson
or a Member for any reason whatsoever, he shall not acquire, hold or
maintain, directly or indirectly any office, employment or consultancy
arrangement or any financial interest in any of the businesses
mentioned in sub -section (6) and if he acquires any such interest by
way of succession or testamentary disposition he will divest himself of
the interest within a period of three months of such interest being
acquired.
(11) Before recommending any person, the Search Committee shall satisfy
itself that such person does not have any financial or other interest as
referred to in sub -section (6) wh ich is likely to affect prejudicially his
functions as the Chairperson or a Member.
(12) All decisions of the Search Committee shall be by a majority.
(13) The procedure for selection and appointment of the Chairperson and the
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Members shall be such as may be prescribed.
(14) No appointment of the Chairperson or a Member shall be invalid
merely by reason of any vacancy in the Search Committee.
Terms of office
and conditions
of service of the
Chairperson
and the
Members
7 (1) The Chairperson or a Member shall hold office for a term of three years
from the date he enters upon his office:
Provided that, the Chairperson or a Member may be re -appointed but
not for more than two consecutive terms:
Provided further that the Chairperson or a Member shall no t hold office
after he has attained the age of seventy years.
(2) The Chairperson or any Member may relinquish his office at any time,
by giving in writing to the Governor a notice of three months in
advance or may be removed from his office in accordan ce with the
provisions of section 8.
(3) The Chairperson and every Member shall before entering upon his
office make and subscribe to an oath of office and secrecy in such form
and in such manner and before Hon’ble Governor or by him such
authority as may be prescribed.
(4) The salary and allowances payable to and other terms and conditions of
service of the Chairperson or the Members shall be such as may be
prescribed.
(5) The salary, allowances and other conditions of services of the
Chairperson or the Members shall not be varied to their disadvantage
after appointment.
(6) The Chairperson or a Member ceasing to hold office as such shall not,
(a) be eligible for further employment under the State Government for a
period of two years from the date he ceases to hold such office except
with the permission of Government;
(b) accept any commercial employment for a period of two years from the
date he ceases to hold such offices; and
(c) represent any person before the Authority in any manner.
Explanation :- for the purposes of this sub-section :-
(i) “Employment under the State Government” includes employment
under a local body or any other authority within the territory of
India under the control of any State Government or under any
corporation or society owned or controlled by State Government.
(ii) “Commercial Employment” means e mployment in any capacity
under or agency of, a person engaged in commercial, industrial or
financial business in the water resources related industry and
includes also a director of a company or partner of a firm and it also
includes setting up practice either independently or as partner of a
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firm or as an advisor or a consultant.
Removal of the
Chairperson or
a Member
8 (1) Subject to the provisions of sub -section (2), Chairperson or any
Member shall only be removed from his office by the State
Government on the ground of proved misbehavior after the panel of
three enquiry officers , appointed from the officers equivalent to
Secretary to the Government for this purpo se on reference being made
to them by the State Government, has on inquiry, held by the panel.
(2) Notwithstanding anything contained in sub -section (1), the Sta te
Government may, by order, remove a member from his office if he has
incurred any of the disqualification mentioned in section 5.
(3) Notwithstanding anything contained in sub-section (2), the Chairperson
or a member shall not be removed from his office on the ground
specified in clause (b), clause (d) or clause (e) of section 5 unless the
enquiring officers on a reference being made to them in this behalf by
the State Government, ha ve on an inquiry, held by them reported that
the member ought on such grounds to be removed.
(4) The State Government shall pass suitable order in accordance w ith the
report referred to in sub -section (1) or sub -section (3), as the case may
be, and the final decision of the State Government shall be
communicated to the Chairperson or other Member concerned within a
period of 30 days of receipt of such report.
(5) The Governor may, during the period of inquiry, as specified in sub
section (1), against any Member, suspend such Member of the
Authority.
Power of State
Government to
depute officers
and employees
to the Authority
and their
service
conditions
9 (1) The Authority may appoint a Secretary to exercise and perform such
duties, under the control of the Chairperson, as may be specified by
regulations.
(2) The Authority shall obtain necessary inputs from State Water
Resources Department.
(3) The Authority may appoint consultants required to assist the Authority
in the discharge of its functions on such terms and conditions as may be
determined by regulations.
(4) The salaries and allowances payable to and other conditions of service
of the Secretary, officers and other employees of the Authority shall be
such as may be determined by regulations.
(5) Save as otherwise provided in this section, the terms and conditions of
service of employees on deputation to the Authority shall not be less
advantageous than those applicable to them immediately before
deputation and shall not be varied to their disadvantage.
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(6) The State Government may appoint any Government officer or
employee on deputation to the Authority on the proposal made by the
Authority in this regard.
(7) The period of deputation of any such officer or employee to the
Authority may be three years except when any such person is required
to be repatriated on the grounds, such as promotion, reversion,
termination or superannuation or any other reason of deputation, he
shall stand repatriated to service under the State Government.
Provided that, during the period of such deputation all matters relating
to the pay, leave, allowances, retirement, pension, provident, fund and
other condition o f service of the employees on deputation shall be
regulated by the applicable Services Rules or such other rules as may,
from time to time, be made by the Government.
Proceedings of
the Authority
10 (1) The Authority shall meet at such time and place with in the State as the
Chairperson may think fit and shall observe such rules of procedure in
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 atte nd a meeting of the Authority,
a member nominated by the Chairperson in this behalf, shall preside at
the meeting.
(3) All matters which come up before the Authority shall be decided by a
majority of votes of the Members present and voting and in the event of
a tie of votes, the Chairperson or person presiding shall have the right
to exercise a second or casting vote.
(4) All decisions, directions and orders of the Authority shall be in writing
supported by reasons and shall be available for inspectio n by any
person and copies of the same shall also be made available in such
manner as the Authority may determine.
(5) The Authority shall regulate its own procedure.
(6) All orders and decisions of the Authority shall be authenticated by the
Secretary or any other officer of the Authority duly authorized by the
Secretary in this behalf.
Vacancies etc.,
not to invalidate
act or
proceedings
11 No act or proceedings of the Authority shall be questioned or shall be
invalidated merely on the ground of e xistence of any vacancy or defect
in the constitution of the Authority.
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Chapter III
Powers, Functions and Duties of the Authority
Powers,
functions and
duties of
Authority
12 The powers, functions and duties of the Authority shall be as under :
(1) a) To determine and regulate the distribution of entitlemen t of
waterfor various categories of uses as well as within each category
of use (such as irrigation, municipal/rural drinking water/industry
etc) on a yearly/seasonal basis.
b) To determi ne the requirement of irrigation water for the various
levels of Farmers Organization (namely, Project Committee,
Distributary Committee and Water User Association) based on the
cropping pattern approved by the project authorities on a
yearly/season basis and implement the same,
(2) a) To fix and regulate the water tariff system and charges for surface
and sub-surface water used for domestic, agriculture, industrial and
other purposes
b) To determine the adequate operation and maintenance (O&M) co st
of irrigation/ multipurpose water projects
c) To periodically review and monitor the water sector costs and
revenues.
\
d) The State will try to ensure provisions for full operation and
maintenance requirements of such irrigation projects as determined
by the Authority, through an appropriate budgetary support, to
ensure that the quality of the service delivery is not allowed to
suffer for want of systems Operation and Maintenance needs.
(3) To promote efficient management of irrigation water :
a) Providing Guidelines / Procedures / modalities for ploughback of
operation & maintenance amount to the farmers organizations for
the operation and maintenance of the irrigation systems as well as
standards of services,
b) Monitoring the technical standa rds for operation and maintenance,
cyclical repairs and minimum rehabilitation of irrigation system,
c) Ensure that the principle of “tail to head” irrigation is implemented
by the project authorities.
(4) To promote efficient use of water resources and mi nimizing wastage of
water by :
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a) Fixing and monitoring implementation of stipulated quality
standards for management of water resources by various
users/departments and recommend actions against violations.
b) Fixing and monitoring implementation of stipula ted quality
standards for the services to be provided by various water resources
service providers and recommend actions against violations.
(5) To ensure publication of an annual report containing following
information by project authorities :
a) Irrigation status containing all statistical data relating to irrigation
including details of the project wise and basin wise irrigation
potential and its actual utilization, water user efficiency and
productivity relating to the projects.
b) Benchmarking of irrigation/multipurpose water projects to identify
projects with best management practices for emulation by other
projects.
c) Water Audit of Irrigation/multipurpose water projects giving a
systematic and scientific water account of the projects.
(6) a) The Authority shall devise a suitable mechanism for financial
incentives/ disincentives to the farmer’s organizations and other
water users for ensuring delivery of services to their members as
per the determination.
b) The Authority shall in case of non -compliance of the specific
directions in discharge of the powers under this Act, recommend to
the Government suitable disciplinary action against such
Government officials.
(7) To perform any other powers, functions and duties as assigned to the
Authority by the State Government by notification.
General policies
of the Authority
13 The Authority shall work according to the framework of the State
Water Policy and other existing laws of the state.
CHAPTER IV
ACCOUNTS, AUDIT AND REPORTS
Budget of
Authority
14 The Authority shall prepare in such form and at such time in each
financial year as may be prescribed, its budget for the next financial
year and forward it to the Government.
Grants and
advances to
Authority
15 The State Government may, after appro priation duly made by the State
legislature, by law in this behalf, make such grants and advances to the
Authority as it may deem necessary for the performance of its functions
and discharge of its duties under this Act; and all grants and advances
made sh all be on such terms and conditions as the State Government
may determine.
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Accounts of
Authority
16 (1) The Authority shall maintain proper accounts and other relevant
records and prepare an annual statement of accounts in such form as
may be prescribed b y the Government in consultation with the
Accountant General.
(2) The Accounts of the Authority shall be audited by the Accountant
General at such intervals as may be specified by him.
(3) The Accountant General and any person appointed by him in
connection with the audit of the accounts of the Authority under this
Act shall have the same rights and privileges and authority in
connection with such audit as the Accountant General generally has in
connection with the audit of Government accounts and, i n particular,
shall have the right to demand the production of books, accounts,
connected vouchers and other documents and papers and to inspect any
of the offices of the Authority.
(4) The accounts of the Authority, as certified by the Accountant Gener al
or any other person appointed by him in this behalf, together with the
audit report thereon shall be forwarded annually to the Government by
the Authority.
Annual Report
of Authority
17 (1) The Authority shall prepare once in 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
sent to the Government.
(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.
CHAPTER V
MISCELLANEOUS
General Powers
of the State
Government
18 The Government shall have the power to issue policy directions to the
Authority on matters concerning water in the State including the overall
planning and co-ordination.
Members,
Officers and
other staff of
Authority to be
public servants
Central Act 45
of 1860
19 The Chairperson, members, officers and other employees of the
Authority shall be deemed, when acting or pu rporting to act in
pursuance of any of the provisions of this Act or rules or regulations
made there under , to be the public servants within the meaning of
section 21 of the Indian Penal Code.
Protection of
action taken in
good faith
20 No suit, prosecut ion or other legal proceedings shall lie against the
Government or the Authority and officer of Government or any
Members, officer or other employees of the Authority for anything
done or purported to have been done in good faith in pursuance of the
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provisions of this Act of rules or regulations made there under.
Power to make
Rules.
21 (1) The State Government may, by notification in the Official Gazette, and
subject to the condition of previous publication, make rules to carry out
the purposes of this Act.
(2) Every rule made under this Act shall be laid, as soon as it is made,
before House of the State Legislature, while in session for a total period
of fourteen days, which may be comprised in one session or in two or
more successive sessions, and if, before the expiry of the session in
which it is so laid or the session immediately following, House agree in
making any modification in rule or House agree that the rule should not
be made, and notify their decision to that effect in the Official Gazette,
the rule shall, from the date of publication of such decision in the
Official Gazette, have effect only in such modified form or be of no
effect, as the case may be; so however, that any such modification or
annulment shall be without prejudice to the val idity of anything
previously done or omitted to be done under that rule.
Dispute
Resolution
Mechanism
22 (1) The Government by an order issued in its behalf authorize any
competent officer or officers for each project as Primary Dispute
Resolution Officer to resolve the disputes with regard to the issuance or
delivery of determined water under the Act.
(2) The Primary Dispute Resolution Officer shall follow such procedure as
may be prescribed while hearing the disputes.
Powers of
Authority to
make
regulations
23 The Authority with the prior approval of the State Government may
make regulations for discharging its duties consistent with this Act and
the rules made thereunder.
Directions by
Government
24 (1) The Government may issue to the Authority suc h general or special
directions in writing in the matters of policy involving public interest
and the Authority shall be bound to follow and act upon such
directions.
(2) If any question arises as to whether any such direction relates to a
matter of pol icy involving public interest, the decision of the
Government thereon shall be final.
Power to
remove
difficulties
25 (1) If any difficulties arises in giving effect to the provisions of this Act, by
reasons of anything contained in this Act, or any other enactment for
the time being in force, the State Government may, as the occasion
requires, by order direct that this Act shall, during a period not
exceeding twelve months after the date of such order have effect
subject to such adaptations, whether by wa y of modifications, addition
or omission, as it may deem to be necessary and expedient.
(2) No order under sub -section (1) shall be made after the expiration of a
period.