LexThe Telangana Water Resources Regulatory Commission Act, 2009.
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Open in Lexace · Ask the AI about this actTHE TELANGANA WATER RESOURCES REGULATORY
COMMISSION ACT, 2009.
(ACT NO. 15 OF 2009)
ARRANGEMENT OF SECTIONS
Sections
CHAPTER - I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER - II
TELANGANA WATER RESOURCES REGULATORY
COMMISSION.
3. Establishment and incorporation of Commission.
4. Qualifications for appointment and the manner of
selection of members.
5. Constitution and functions of Selection Committee.
6. Term of office of members.
7. Salaries and allowances of members.
8. Conditions of service.
9. Disqualifications for being a member of the
Commission.
10. Conflict of interest to disqualify members.
11. Power of Government to depute officers and
employees to Commission and their service conditions.
12. Proceedings of Commission.
13. Vacancies, etc., not to invalidate act or proceeding.
2 [Act No. 15 of 2009]
CHAPTER - III
POWERS, FUNCTIONS AND DUTIES OF THE
COMMISSION.
14. Powers, functions and duties of the Commission.
15. General policies of the Commission.
CHAPTER - IV
ACCOUNTS, AUDIT AND REPORTS
16. Grants and advances to Commission.
17. Budget of Commission.
18. Accounts of Commission.
19. Annual Reports of Commission.
CHAPTER - V
MISCELLANEOUS
20. General Powers of the State Government.
21. Members, officers and other staff of Commission to be
public servants.
22. Protection of action taken in good faith.
23. Power to make rules.
24. Dispute Resolution Mechanism.
25. Powers of Commission to make regulations.
THE TELANGANA WATER RESOURCES REGULATORY
COMMISSION ACT, 2009.1
ACT No.15 of 2009.
CHAPTER - I
PRELIMINARY
1. (1) This Act may be called the 2Telangana Water
Resources Regulatory Commission Act, 2009.
(2) It extends to the whole of the State of 2Telangana.
(3) It shall come into force on such date as the State
Government may, by notification in Official Gazette, appoint.
2. (1) In this Act, unless the context otherwise requires:-
(a) “Category of Use” means use of water for different
purposes such as for domesti c, agricultural irrigation, agro -
based industries, industrial or commercial, environmental,
etc., and includes such other purposes as may be
prescribed;
(b) “Chairperson” means the Chairperson of the
Commission;
1. The Andhra Pradesh Water Resources Regulatory Commission Act,
2009 received the assent of the Governor on 08.09 .2009. The said Act in
force in the combined State, as on 02.06.2014, has been adapted to the
State of Telangana, under section 101 of the Andhra Pradesh
Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Telangana
Adaptation of Laws Order, 2016, issued in G.O.Ms.No.45, Law (F)
Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Short title, extent
and
commencement.
Definitions.
2 [Act No.15 of 2009]
(c) “Commission” means the 3Telangana Wa ter
Resources Regulatory Commission estab lished under
section 3;
(d) “Government” or “State Government” means the
Government of 3Telangana;
(e) “Irrigation Project” means a project constructed to
provide irrigation 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;
(f) “Member” means a Member of the Commission
and includes the Chairperson;
(g) “Notification” means a notificat ion published in
the 3Telangana Gazette and the word notified shall be
construed accordingly;
(h) “Prescribed” means prescribed by rules made
under this Act;
(i) “Selection Committee” means a Selection
Committee constituted under section 5;
(j) “State” means the State of 3Telangana;
(k) “Water Users' Association ” means a Water Users’
Association formed at the minor level or above, under the
4Telangana Farmers Management of Irrigation Systems Act,
1997;
(l) “Water Users Association ” or “Distributory
Committee” or “Project Committee” means the Committees
3. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
4. Adapted in G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
[Act No.15 of 2009] 3
constituted under the 5Telangana Farmers Manageme nt of
Irrigation Systems, Act, 1997.
(2) Words and expressions used 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 them in those Acts.
CHAPTER - II
6TELANGANA WATER RESOURCES REGULATORY
COMMISSION.
3. (1) The Government shall within three months from the
date of the Commen cement of this Act, by notificat ion,
establish a Commission to be known as the 6Telangana
Water Resources Regulatory Commission to perform the
functions and duties assigned to it.
(2) The Commission 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 of property, both
movable and immovable, and to do all things necessary for
the purposes of this Act, and may sue or be sued by its
corporate name.
(3) The Commission shall consist of a Chairperson and
two other members.
(4) The Head Office of the Commission shall be at
Hyderabad.
(5) The Chairperson and the other Members of the
Commission shall be appointed by the Governor of
5. Adapted in G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
6. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Establishment
and incorporation
of Commission.
Act No.11 of 1997.
4 [Act No.15 of 2009]
7Telangana on the recommendat ion of the Selection
Committee constituted under section 5.
4. (1) The Chairperson and the Members of the
Commission shall be appointed as follows:-
(a) The Chairperson shall be a person who is or who
was of the rank of Chief Secretary of the State or equivalent
thereto or a person of eminence in the field of water
resources management with proven track record;
(b) One Member shall be expert from the field of
water resources engineering;
(c) One Member shall be expert from the field of
water resources economy.
(2) The Commission may as and when needed and
decided by them invite special invitees from,-
(a) experts who are having adequate knowledge,
experience or proved capacity in dealing with the problems
relating to engineering, agriculture, drinking water, industry,
law, economics, commerce, finance or management for
assisting the Commission in taking policy decisions;
(b) members from farmers o rganizations with in the
State.
(3) The Chairperson and other Members of the
Commission shall not hold any other office of profit.
5. (1) The Governm ent shall, by notification, for the
purposes of selection of the Chairperson, and other
7. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Qualifications for
appointment and
the manner of
selection of
members.
Constitution and
functions of
Selection
Committee.
Special invitees as
and when
required by the
Commission.
[Act No.15 of 2009] 5
Members of the Commission, constitute a Selection
Committee consisting of:-
(a) T he Chief Secretary of the State Ex-officio
Chairperson.
(b) Special Chief Secretary/Principal Secretary/
Secretary to Government of the following departments shall
be the Ex-Officio Members,-
i) Finance
ii) Planning
iii) Irrigation & Command Area Development -
Convener
(2) The Government shall, within one month from the
date of occurrence of any vacancy by reason of death,
resignation or removal of the Chairperson or Member of the
Commission, and six months before the superannuation or
end of tenure of Chairperson or any Member, make a
reference to the Selection Committee for selection.
(3) The Selection Committee shall finalize the selection
of the Chairperson and Members within one month from the
date on which the reference is made to it.
(4) The Selection Committee shall recommend a panel
of two names for every vacancy referred to it.
(5) Before recommending any person for appointment
as the Chairperson or Member of the Commission the
Selection Committee shall satisfy itself that such person
does not have any financial or other interest, which is likely
to affect prejudicially his functions as a Member.
6 [Act No.15 of 2009]
(6) No appointment of the Chairperson and members
of the Commission shall be invalid merely by reason of any
vacancy in the Selection Committee.
6. (1) The Chairperson and Members of the Commission
shall hold office for a period of five years or till attaining the
age of 65 years, whichever is earlier.
(2) The Chairperson and the Members of the
Commission shall not be eligible for second term
appointment.
7. (1) The Chairperson and Members of the Commission
shall be paid such fees or salaries and such allowances as
may be prescribed by the Government.
(2) The salary and allowances and other conditions of
service of the Chairperson and Members of the Commission
shall not be varied to their disadvantage after appointment.
8. (1) Not withstanding anything contained in section 6,
the Chairperson and Members of the Commission may,-
a) relinquish the office by giving in writing to the
Government, notice of not less than three months; or
b) be disqualified from his office in accordance with
the provisions of sections 9 and 10.
(2) The Chairperson and Members of the Commission
ceasing to hold office as such shall,-
a) not be eligible for further employment under the
Government for a period of two years from the date the
person ceases to hold such office;
Term of office of
members.
Salaries and
allowances of
members.
Conditions of
service.
[Act No.15 of 2009] 7
b) not accept any commercial employment for a
period of two years from the date the person ceases to hold
such office.
Explanation:- For the purposes of this sub-section:-
i) “Employment under the Government” includes
employment under any local or other authority within the
territory of 8Telangana or under the control of the
Government or under any corporation or society owned or
controlled by the Government.
ii) “Commercial Employment” means employment,
in any capacity under, or agency of, a person, engaged in
trading, commercial, industrial or financial business in t he
Water Resources Sector and also includes a director of a
company or partner of a firm and also includes setting up
practice either independently or as partner of a firm or as an
adviser or a consultant.
9. (1) A person shall be disqualified for being appointed
as, or for being, a Chairperso n and Members of the
Commission,-
a) if the person is of unsound mind or has become
physically incapable of performing his duties,
b) if the person is an undischarged insolvent,
c) if the person has been convicted of an of fence
involving moral turpitude,
d) if the person has such financial or other interest as
is likely to affect prejudicially his function s as a Member of
the Commission,
8. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Disqualifications
for being a
member of the
Commission.
8 [Act No.15 of 2009]
e) if it is proved beyond reasonable doubt that the
person has so abused his position as to render his
continuance in office prejudicial to the public interest,
f) if he acts prejudicial to the public interest and
Government directions.
(2) Subject to the p rovisions of sub -section (1), the
Chairperson and Members of the Commission shall be
removed from office by order of the Government on the
ground of proved misbehavio ur in an enquiry held in
accordance with the procedure as may be prescribed.
(3) The Government may, during the period of inquiry
as specified in sub -section (2), suspend the Chairperson
and Members of the Commission.
10. Before appointing a person to be the Chairperson and
Member of the Comm ission, the Government shall satisfy
itself that the person will have no such financial or other
interest as is likely to affect prejudicially his functions as a
Chairperson and Member of the Commission.
11. (1) The Commission may, with the prior approval of the
Government, appoint a Secretary and such number of
officers and employees as it considers necessary either on
contract or on deputation for the perf ormance of its duties
and functions.
(2) The Commission may engage consultants as and
when required to assist the Commission in the discharge of
its functions.
12. (1) The Commission shall meet at the head office or at
any place and at such time as the Chairperson may direct.
Conflict of interest
to disqualify
members.
Power of
Government to
depute officers
and employees to
Commission and
their service
conditions.
Proceedings of
Commission.
[Act No.15 of 2009] 9
(2) Two out of three Members including the
Chairperson shall constitute the Quorum for the meetings of
the Commission.
(3) If the Chairperson is unable to attend a meeting of
the Commission, any oth er Member nominated by the
Chairperson in this behalf and, in the absence of such
nomination or where there is no Chairperson, any Member
chosen by the Members present among themselves shall
preside at the meeting.
(4) A ll decisions of the Commission shall be on the
basis of majority of the Members present and voting.
(5) In case of dif ferences in opinion of any two
Members on any issue or resolution, the full Commission
shall decide the matter on a majority basis:
Provided that for a meeting of the Commission to
review any previous decision taken by the Commission , the
quorum shall be that all Members shall be present.
(6) Commission for any specific purpose may invite
special invitee depending, upon the need to g ive expert
opinions to the Commission. However, the special invitees
shall not have any voting right.
(7) All orders and decisions of the Commission shall be
authenticated by the Secretary or any other officer of the
Commission duly authorized by the Cha irperson in this
behalf.
13. (1) No act or proceedings of the Commission shall be
questioned or shall be invalidated merely on the ground of
existence of any vacancy in the Commission.
Vacancies, etc.,
not to invalidate
act or proceeding.
10 [Act No.15 of 2009]
(2) In case of difference of opinion between the
Chairperson and the Member, the view of the Chairperson
shall prevail.
CHAPTER - III
POWERS, FUNCTIONS AND DUTIES OF THE
COMMISSION.
14. The powers, functions and duties of the Commission
shall be as under:-
(1) a) to determine the water requirement for various
categories of users (such as irrigation, municipal/ rural
drinking water / industry etc) on a yearly / season basis,
b) to determine the requirement of irrigation water for
the various levels of Farmers Organizations (namely, Project
Committee, Distributor 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) t o determine the adequate operation and
maintenance (O&M) cost of irrigation/multipurpose water
projects,
(b) the State shall ensure provisions for full operation
and maintenance requirements of such projects as
determined by the Commission , 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:-
Powers, functions
and duties of the
Commission.
[Act No.15 of 2009] 11
a) Providing Guidelines / Procedures / modalities for
plough back of operation and 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 standards 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
minimizing wastage of water by:-
a) Fixing and monitoring implementation of stipulated
quality standards for management of water resources by
various water users/departments and recommend actions
against violations.
b) Fixing and monitoring implementation of stipulated
quality standards for the services to be provided by various
water resources service providers and recommendations
against violations,
c) Fixing and monitoring implementation of stipulated
quality standards for disposal of waste water by various
water users and recommend actions against violations,
d) Fixing and monitoring implementation of stipulated
standards for protection of all water resources in the State
including pollution,
e) Supporting and aiding enhancement and
preservation of water quality within the State in close
coordination with the relevant State Agencies and in doing
12 [Act No.15 of 2009]
so following the principle that “the person who pollutes shall
pay”.
(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
irrigation potential and its actual utilization, water user
efficiency and productivity relating to the projects;
b) Bench marking 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 Commission 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 m embers as per the
determination;
b) The Com mission 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, function s and duties
as assigned to the Commission by the State Government by
notification.
15. The Commission shall work according to the
framework of the State Water Policy and other existing laws
of the state.
General policies
of the
Commission.
[Act No.15 of 2009] 13
CHAPTER - IV
ACCOUNTS, AUDIT AND REPORTS
16. The Government may, after appropriation duly made
by the State Legislature, by law in this behalf, make such
grants and advances to the Commission 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 shall be on such terms and conditions as
the State Government may determine.
17. The Commission 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.
18. (1) The Commission shall maintain proper accounts
and other relevant records and prepare an annual statem ent
of accounts in such form as may be prescribed by the
Government in consultation with the Accountant General.
(2) The Accounts of the Commission shall be audited
by the Accountant General at such intervals as may be
specified by him and any expenditur e incurred in
connection with such audit shall be payable by the
Commission to the Accountant General.
(3) The Accountant General and any person appointed
by him in connection with the audit of the accounts of the
Commission 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, in particular, shall have
the right to demand the production of book s, accounts,
connected vouchers and other documents and papers and
to inspect any of the offices of the Commission.
Grants and
advances to
Commission.
Budget of
Commission.
Accounts of
Commission.
14 [Act No.15 of 2009]
(4) The accounts of the Commission, as certified by the
Accountant General or any other person appointed by him
in this behalf, together with the audit repor t thereon shall be
forwarded annually to the Government by the Commission
and the 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.
19. (1) The Commission 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
20. The Government shall have the power to issue policy
directions to the Commission on matters concerning water
in the State including the overall planning and co-ordination.
21. The Chairperson, members, officers and other
employees of the Commission shall be deemed, when
acting or purporting 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.
22. No suit, prosecution or other legal proceedings shall lie
against the Government or the Commission and officer of
Government or any Members, officer or other employees of
the Commission for anything done or purported to have
Annual Reports of
Commission.
General Powers of
the State
Government.
Members, officers
and other staff of
Commission to be
public servants.
Central Act 45 of 1860.
Protection of
action taken in
good faith.
[Act No.15 of 2009] 15
been done in good faith in pursuance of the provisions of
this Act or rules or regulations made thereunder.
23. (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 may be, after it is made, before each 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, both Houses agree in ma king any modification in
rule or both Houses 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 i n 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 validity of anything previously done or
omitted to be done under that rule.
24. (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.
25. The Commission with the prior approval of the State
Government may make regulations for discharging its duties
consistent with this Act and the rules made thereunder.
* * *
Power to make
rules.
Dispute
Resolution
Mechanism.
Powers of
Commission to
make regulations.