LexThe UTTARAKHAND WATER MANAGEMENT AND REGULATORY ACT, 2013
Uttarakhand · state statute
Open in Lexace · Ask the AI about this actTHE UTTARAKHAND WATER MANAGEMENT AND REGULATORY
ACT, 2013
[UTTARAKHAND ACT NO. 24 OF 2013]
INDEX
Sections Detail Page No.
1 2 3
CHAPTER - I
Preliminary
1. Short title, extent commencement and applicable
2. Definitions
CHAPTER – II
Establishment of Commission
3. Establishment of Commission
4. Qualification for appointment of Chairperson and other member of
Commission
5. Disqualification for being the Chairperson or a Member
6. Constitution and function of the selection committee
7. Terms of Office and conditions of service of the Chairperson
8. Removal of the Chairperson or a member
9. Power of State Government to depute officers and employees to the
Commission and their service conditions
10. Proceedings of the Commission
11. Vacancies etc not to invalidate act or proceeding
CHAPTER – III
Powers, Functions and Duties of the Commission
12. Powers and function of the Commission
13. General Policies of the Commission
14. Power of the Commission
15. Powers to issue direction
16. Water supply and overall performance standards
17. Information with respect to levels of performance
18. Restriction on disclosure of information
19. Arbitration
20. Offences and penalties
21. Offence by user
22. Compounding of Offences
23. Cognizance of offences
24. Penalties and proceedings not to prejudice other actions
CHAPTER – V
Accounts, Audit and Report
25. State Government to the Commission
26. Accounts and audit
27. Annual report of the Commission
CHAPTER – VI
Miscellaneous
28. Amount recoverable as arrears of land revenue
29. Application of fines and Charges
30. Protection of Action of good faith
31. Bar of Jurisdiction
32. Proceeding before the Commission to be judicial proceedings
33. Chairperson, Member and Staff of the Commission to be public
servants
34. Power to make rules
35. Power to make regulation
36. Power to remove difficulties
THE UTTARAKHAND WATER MANAGEMENT AND REGULATORY ACT, 2013
[UTTARAKHAND ACT NO. 24 OF 2013]
AN
ACT
To provide for the establishment of the Uttarakhand water Management and Regulatory
Commission Bill to Regulate water resources within the State, facilitate and ensure judicious,
equitable and sustainable management, allocation a nd optimal utilization of water resources of
environmentally, economically sustainable development of the State, fix the rates for water use for
agriculture, industrial, drinking, power and other purposes and cess on land benefited by flood
protection and drainage works from the owners of lands benefited through appropriate regulatory
instruments according to State Water Policy and matters connected therewith or incidental thereto.
IT IS HEREBY enacted in the Sixty–fourth Year of the Republic of India as follows :-
CHAPTER-I
Preliminary
Short title,
extent
commencement
and applicable
1. (1) This Act may be called the Uttarakhand Water Management and
Regulatory Act, 2013.
(2) It extends to the whole of the State of Uttarakhand.
(3) It shall come into force on such dat e as the State Government may by
notification in the Gazette appoint in this behalf.
(4) The provisions of this Act shall apply notwithstanding anything to the
contrary contained in Northern India Canal and Drainage Act, 1873 or
the Uttar Pradesh Water Supply and Sewerage Act, 1975 (as
implemented in the State of Uttarakhand) or in any other law for the
time being in force.
Definitions 2. In this Act, unless the Context otherwise requires,-
(a) “Area of Operation” means the entire geographical area of
Uttarakhand 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 [Commission]1 to a share of water resource by a project, river
system or storage facility, for specific period of time as specifically
provided in the order granting the entitlement;
(d) “Category of uses” means classification of use of water for different
purposes such as drinking and domestic, industrial or commercial,
irrigation, power, agriculture and environmental, etc, and includes such
other purposes as may be prescribed;
----------------------------------------------------
1- subs. words “commission” by section 2 of Act no. 03 of 2016 of the Uttarakhand.
(e) “Cess” means an amount to be charged on lands benefited by flood
protection and drainage work from owners/ lease holders of such lands;
(f) “Chairperson” means the chairperson of Commission;
(g) [“Commission” means the Uttarakhand Water Resources Management
and Regulatory Commission ;]2
(h) “Entitlement” Means any authorization by the [Commission]1 to use
the water for the specified purpose under this Act;
(i) “Groundwater” means the water, which exists in an aquifer below the
surface of the ground at any particular location, regardless of the
geological structure in which it is stationary or moving and includes all
groundwater reservoirs;
(j) “Ground water entitlement” means and individual or bulk water
entitlement to a volumetric quantity of water to be extracted from a tube
well, bore well or other well or by any other means of extraction of
ground water, or a group or field or wells duly and legally perm itted,
registered and constructed in accordance with standards prescribed by
the [Commission]1;
(k) “Individual Water Entitlement” means any authorization by the
Commission to use the water for specified purpose under this Act other
than bulk water entitlement;
(l) “Integrated State Water Plan” means a water plan for use of both
surface and ground water duly approved by the [Commission]1;
(m) “License” means license granted by the Commission in such manner as
may be prescribed;
(n) “Licensee” means an individual / organi zation which maintains the
water supply system, supplies water and collects the water tariff or
which owns tube well/ diesel pumping set or uses ground water for any
purpose including domestic use by exploiting groundwater;
(o) “Member” Means a member of the Commission;
(p) “Notified area” means a unit / Nyay P anchayat falling under over
exploited or critical category;
(q) “Prescribed Commission” means any Commission at various levels
within the water resources management system that has been duly
authorized by the Commission to determine and declare, on an annual
or seasonal basis, the quota or amount of water available within a
system for use as un allocated percentage of the entitlements duly
issued by the Commission;
(r) “Project level entity” means a group of all water user entities from a
common supply source within a water resources project;
------------------------------------------------------------------------------------------------------
1- subs. words “commission” by section 2 of Act no. 03 of 2016 of the Uttarakhand.
2- subs. by section 3 of Uttrakhand Act no. 3 of 2016.
(s) “Quota” means a volumetric quantity of water made available to an
entitlement holder, which is derived by multiplying an entitlement by
annual or seasonal allocation percentage;
(t) “Regulation” means regulation made by the Commission under this
Act;
(u) “Selection Committee” means a selection committee constituted under
section 6 of Chapter-II;
(v) “Sewerage” means a system of collection of waste water from a
community from its houses, institution s, industry and public places; the
pumping treatment and disposal of such waste water, its effluent
sludge, gas and other end products;
(w) “State Water Policy” means the State Water Policy Execute to this
Act;
(x) “Tariff” Means a specific charge or set of charge s applicable for
providing water supply;
(y) “Utility” means any water user entity such as agency, company,
person, director etc. responsible for the management, treatment and
distribution of water agriculture, horticulture, domestic, industries
municipal / ru ral water supplies and for any other purpose and may be
notified by the Commission.
(aa) “User of ground water” means any person/persons and the person or
persons an institution including a company or an establishment,
whether government or private who or which own or use groundwater
for any purpose including domestic use made either on a personal or
community basis.
(ab) “water” Means all surface and sub surface water accruing in river or
any part of a river, stream, lake, natural collection of water in aquifers
or natural drainage channel, water recycled after treatment of sewage
and industrial waste etc., that is to say water supplies and sewerage,
irrigation and canals, drainage and embankment, water storage and
water power and ground wate r or, water in all states (Solid, liquid or
vapour) in storage or in flux within hydrologic cycle, that is necessary
for a sustainable quality of life, as well as for sustaining the natural
environment;
(ac) “Water User Entity” means any water user entity including water
users Association, utility, Industrial, users, Association or any other
group or entitlement;
(ad) “Water availability” means availability of surface or ground water for
use for a period or season for year which in rechargeable;
(ae) “Water Quality” means accessed water which is safe for consumption
for the purpose for which it is supplied as per norms set by Bureau of
Indian Standards.
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CHAPTER – II
Establishment of Commission
Establishment
of Commission
3. [(1) The State Government shall by notification, establish a Commission
within three months from the date of commencement of this Act, to be
known as the Uttarakhand Water Resources Management and
Regulatory Commission who shall exercise the powers conferred on,
and to perform the functions assigned to him under this Act.]1
(2) The Commission shall be a body corporate.
(3) The head office of the Commission shall be at Dehradun.
[(4) The Commission shall consist of a Chairperso n and such number of
Members not exceeding two as may be notified by the State
Government.]1
(5) The Chairperson and the Member of the Commission shall be
appointed by the State Government on the recommendation of the
Selection Committee referred to in Section 6.
Qualification
for
appointment
of Chairperson
and other
member of
Commission
4. (1) Only such person shall be appointed as the Chairperson or Member who
possesses the qualifications mentioned hereunder:-
(a) Chairperson – The Chairperson shall be a person having bachelor’s
degree of any recognized University/ institute with administrative
experience of not less than 25 years, and must have held the post of
Chief Secretary of the Sate Government or the Secretary of the
Government of India or any po st equivalent thereto and has
experience of department related to water resources.
[(b) The Member of the Commission shall be persons of ability,
integrity and standing who have adequate knowledge of or
experience in, or have shown capacity in dealing wit h, problems
relation to engineering, finance, commerce, economics, law or
management;
Provided that at least one Member shall be form amongst
the member who are either holding or have held a post not below
the rank of Chief Engineer or equivalent and having qualification
and at least 25 years of experience in the field of Hydropower
Engineering.]2
(2) The Chairperson or any Member of the Commission shall not hold any
other office during his / her tenure as such.
(3) The Chairperso n shall be the Chief Executive Officer of the
Commission.
----------------------------------------------------
1- subs. by section 4 of Uttarakhand Act no. 03 of 2016.
2- subs. by section 5 of Uttarakhand Act no. 03 of 2016
(4) Where the ch airperson 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 and, in the absence of such nomination
or where there is no Chairperson any member chosen by the member
present among themselves, shall exercise the power and discharge the
duties of Chairperson.
Disqualification
for being the
Chairperson or
a Member
5. A person shall be disqualifie d 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 render his continuance in office
prejudicial to the public interest ; or
(f) is a Member of Parliament, or of a ny State Legislature or any local
Commission 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 selection
committee
6. [(1) The State Government shall, by notific ation, constitute a Selection
Committee, for the purposes of making appointments of the
Chairperson and Members under sub -section (5) of section 3. The
Committee shall consist of :-
(a) the Chief Secretary, Government of
Uttarakhand;
ex-officio Chairman
(b) the Chairman, Central Water Commission or
his nominee who shall be the member of the
Central Water Commission;
ex-officio Member
(c) the Principal Secretary /secretary as may be
Finance , Government of Uttrakhand;
ex-officio Member
(d) the Director, Indian Institu te of
Management, Kashipur;
ex-officio Member
(e) the Principal Secretary/Secretary as may be
Irrigation, Government of Uttrakhand;
ex-officio
Member-
Secretary.]1
(2) The State Government shall with in 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 of the Member, make a reference to the selection
committee for filing up to vacancy.
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1- subs. by section 6 of Uttrakhand Act no. 03 of 2016.
(3) The Selection committee while making selection of the Chairperson and
the Members, shall have due regard to performance record, ability,
integrity, character qualific ations and experience of the person
proposed to be selected as Chairperson or other Member as the case
may be.
(4) The Selection committee shall finalize the selection of the Member
within two months from the date on which the reference is made to it.
(5) The Selection committee shall recommend a panel of three names for
every vacancy referred to it.
(6) A person who is considered for selection as the Chairperson or a
Member shall inform to the selection committee:-
(a) of any office, employment or con sultancy agreement 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 controlled by any of them carrying on any of the
following business:--
(i) diversion of surface water, distribution 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 fitting
related to water industry;
(iii) any entity prov iding any professional services to any of the
businesses referred to in clause (i) and (ii) above.
(b) Such other details and information as may be prescribed by the
selection committee.
(7) The details received from the persons referred to in sub-section (6) shall
be placed for consideration of the selection 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 him self from 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 s ector
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 form that service before joining the Commission.
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(10) So long as a person holds the office of the Chairperson or a Member
for a period of two years 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
involuntarily or 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 selection committee shall satisfy
itself that su ch person does not have any financial or other interest as
referred to in sub -section (6) which is likely to affect prejudicially his
function as the Chairperson or a Member.
(12) All decisions of the Selection committee shall be by a majority.
(13) The pr ocedure for selection and appointment of the Chairperson and
the Member shall be laid down by the State Government.
(14) No appointment of the Chairperson or a Member shall be invalid
merely by reason of any vacancy in the selection committee.
Terms of
Office and
conditions of
service of the
Chairperson
7. (1) The Chairperson of a Member shall hold office from a term of five 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 not 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 one month or may be
removed from his office.
(3) The Chairperson shall, before entering upon his office, make and
subscribe and oath of office and secrecy before the Government or any
other person nominated by him and every member before the
Chairperson in such form as may be prescribed.
(4) The salary and allowance payable to, and other terms and conditions 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 and the Member shall not be varied to their disadvantage
after appointment.
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(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 State Government;
(b) Accept any commercial employment for a period of two years from
the date he ceases hold such offices; and
(c) Represent any person before the Commission in any manner.
Explanation :- for the purposes of the sub- section --
(i) “Employment under the State Government” includes employment
under a local body or any other Commission 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 employment in any Capacity under
or agency of, a person engaged in commercial, industrial or financi al
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 firm or as an advisor or
a consultant.
Removal of the
Chairperson
or a member
8. (1) Subject to the provision of sub-section (2), Chairperson or any Member
shall only be removed from his office by the State Government on the
ground of proved misconduct after the panel or three enquiry officers
appointed from the offi cers equivalent to Secretary of Government for
this purpose on reference being made to them by the State Government,
has on inquiry, held by the panel and in consultation with the leader of
opposition reported that the Chairperson or the Member ought on a ny
such ground to be removed.
(2) Notwithstanding anything contained in sub -section (1), the State
Government may, by order, remove a member from his office if he
becomes subject to any disqualification specified in section 5.
(3) Notwithstanding anything contained in sub-section (2), the Chairperson
or a Member shall be removed from his office on the ground specified
in clause (b), clause (d) or clause (e) of section 5 unless the enquiry
officer on a reference being made to him this behalf by the State
Government, his on an inquiry, held by him in accordance with the
procedure specified in this behalf by the Chief Justice or such judge,
reported that the member ought on such grounds to be removed.
(4) The State Government shall pass suitable order in accordance wit h 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 a receipt of such report.
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Power of State
Government to
depute officers
and employees
to the
Commission
and their
Service
conditions
9. (1) The Commission may appoint a Secretary to exercise and perform such
duties, under the control of the Chairperson, as may be specified by
regulation.
(2) [The Commission shall obtain necessary information from the
concerned Departments of the State Government. The Commission may
appoint such number of officers and employees as in cons iders
necessary for the performance of its duties and functions.
Determination of numbers of officers and employees in Commission
after the approval state Government.]1
(3) The Salaries and allowance payable to and other conditions of service
of the Secretary, officers and other employees of the Commission shall
be such as may be determined by State Government from time to time.
(4) Save as otherwise provided in the section, the terms and conditions of
services of employees on deputation to the Commission shall no t be
less advantageous than those applicable to them immediately before
deputation and shall not be varied to their disadvantage.
(5) The State Government shall appoint any Government officer or
employee on deputation to the Commission on the proposal made by
the Commission in this regard.
(6) The period of deputation of any such officer or employee to the
Commission shall be three years except when any such person is
required to be repatriated on the grounds, such as promotion, reversion,
termination or superannua tion 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 matter
relating to the pay, leave, allowances, retirement, pension, provident
fund and other c onditions of service of the employee on deputation
shall be regulated by the Uttarakhand Civil Services Rules or such other
rules as may, from time to time, be made by the State Government.
Proceedings of
the Commission
10. (1) The Commission shall meet at such time and place within 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 the determined by regulations.
(2) The Chairperson or if h e is unable to attend a meeting of the
Commission, a 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 from among
themselves, shall preside at the Meeting.
-------------------------------------------------------
1- subs. by section 7 of Uttrakhand Act no 03 of 2016.
(3) All matters which come up before the Commission shall be decided by
a majority of votes of the Members present and voti ng and in the event
of an equality 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 Commission shall be in
writing supported by reason and shall be available for inspection by any
person and copies of the same shall also be made available in such
manner as the Commission may determine.
(5) The Commission shall regulate its own procedure.
(6) All orders and decisions of the Commission shall be authenticated by
the Secretary or any other officer of the Commission duly authorized by
the Secretary in this behalf.
Vacancies etc
not to
invalidate act
or proceeding
11. No act or proceedings of the Commission shall be questioned or shall
be invalidate merely on the groun d of existence of any vacancy or
defect in the constitution of the Commission.
CHAPTER-III
Powers, Functions and Duties of the Commission
Powers and
function of the
Commission
12. The Commission shall exercise the following powers and perform the
following functions; namely :-
(a) [to approve the Integrated State Water Plan/ Basin Plans developed by
Department of the State Government to ensure sustainable management
of water resources within the parameters laid down by State Water
Policy as amended from time to time;]1
(b) to determine the allocation and distribution of entitlements for various
category of use of water at utility, project level and also between
various water user entity within the parameters laid down by the State
Water Policy on such terms and conditions as may be prescribed for
such a distribution;
(c) to lay down the criteria for modification in the entitlements for the
diversion, storage and use of surface and ground water of the State;
(d) to review and accord clearance to new water resources proje cts
proposed at the river basin/ sub -basin level by the concerned entity
ensuring that the proposal is in conformity with Integrated State Water
Plan specially with respect to the water allocation of each entity, that is
economically, hydro–geologically and environmentally viable;
(e) to establish a system of enforcement, monitoring and measurement of
the entitlements for the use of water to ensure that the actual use of
water, both in quantity and type of use are in compliance with the
entitlements as issued by the Commission;
------------------------------------------------------------
1- subs by. section 8 of Uttrakhand Act no 03 of 2016.
(f) to monitor conservation of environment and facilitate the development
of a framework for the preservation and prot ection of the quality of
surface and ground water resources as per establishment norms and
standards;
(g) to withdraw the entitlement or take any action as deemed necessary in
case any water user entity pollutes or causes to pollute any surface or
ground water source of water and thereby infringes the maintenance of
established norms and standards for water quality;
(h) to impose penalty on any organization or agency, whether Government
or private, any individual or a group of individuals who change, alters
or caus e to change or later the status of any surface or ground water
resources without the specific sanction or approval of the Commission;
(i) to periodically review the entitlement as and when considered
necessary;
(j) to register and monitor bulk water entitlement by the Commission or its
duly authorized representatives;
(k) to promote competition, efficiency and economy in the activities of the
water and waste water sector to minimize wastage of water;
(l) to promote better water management techniques;
(m) to enforce rain water harvesting to augment ground water recharge.
(n) to fix and regulate a water tariff system and charges for the use of water
after due consideration to all costs including administration, operation
maintenance, depreciation and subsidies;
(o) to review and revise the tariff/ water charges periodically;
(p) to determine and fix the rate of cess to be charged from owner of lands
benefited by flood protection and drainage works implemented under
new projects;
(q) to enforce the decision or orders issued under this Act by a sui table
agency authorized by the Commission or empower to any existing
agency for this purpose;
(r) to aid and advise the Sate Government on any matter referred to the
Commission by the State Government.
General
Policies of the
Commission
13. (1) The Commission shall work within the framework of the State Water
Policy.
(2) The Commission shall promote and monitor sound water conservation
and management practices throughout the State in accordance with
State Water Policy through the implementing agencies in the State.
(3) The Commission shall support and aid the enhancement and
preservation of water quality within the State in close coordination with
the relevant State agencies.
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Power of the
Commission
14. (1) The Commission shall, while performing its adjudicatory functions
under this Act, have all the powers of a civil court trying a suit in
respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any perso n and
examining him on oath;
(b) requiring this discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court;
(e) issuing Commission for the examination of witnesses and
documents; and
(f) such other matters any may be prescribed.
(2) Any person or class of persons or agency or utility shall :-
(a) Produce before an officer of the Commission such books accounts
or other document relating to any matter concerning water
transference, distribution and consumption of water, which may be
required by the Commission for the purpose of this Act; and
(b) Furnish to any officer so specified such information in his
possession, power or control as may be required by the Commission
for the purposes of discharge of its functions under this Act.
(3) Where, during any inquiry or proceeding under this Act, the
Commission has any ground to believe that any books or documents of,
or relating to, any unit or person to which such inquiry is being make or
proceeding relates, or which the owner of such unit may be required to
produce in such inquiry or proceeding, are being, or may be, destroyed,
by a written order, authorize any officer of the Commission to exercise
powers of entry, search and seizure as may be exercised by an Inspector
under section 240 and 240-A of the Companies Act, 1956.
(4) The Commission may, in the discharge of its functions, consult persons
or group of person affected or likely to be affected by the decisions of
the Commission.
(5) Every person to whom a notice may be issued this Act by the
Commission shall furnish such information, details, books accounts and
other documents, as may be specified in such notice.
Powers to issue
direction
15. The State Government may from time t o time issue direction not
inconsistent with this Act.
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Water supply
and overall
performance
standards
16. The Commission may from time to time-
(a) Determine such standards of overall performance in respect of water
supply services and promotion of the efficient use of water by
consumers, as in its opinion, are economical and ought to be
achieved by such licensees and different standards may be
determined for different licensees; and
(b) Publish the standards so determined in such form and in such
manner as the Commission may consider proper.
Information
with respect to
levels of
performance
17. (1) On or before such date in each year as may be specified by the
Commission, every license e shall furnish to the Commission the level
of performance achieved by the licensee for each standard determined
under section 16.
(2) The Commission may publish for general information the information
received by it under sub-section (1), which it feels necessary.
Restriction on
disclosure of
information
18. (1) Save as otherwise provided in this Act, information in respect of any
person or business which, has been furnished to, or obtained by, the
Commission under without the consent of the concerned pers on or the
person in –charge of the business :
Provided that such information my be disclosed to the Central
Government, the State Government, Accountant General of the State or
a person who requires it in connection with the discharge of s tatutory
duties.
(2) The restriction contained in sub -section (1) shall not apply to the
information related to tariff.
(3) Information in possession of the Commission shall be kept confidential
and may be furnished to nay person or agency only with the permission
of the Commission.
CHAPTER-IV
Arbitration, offences and penalties
Arbitration 19. Any dispute or difference arising between licensees or user in respect of
matters specified in sub-section (2) of section 35 may be referred to the
Commission for arbitration. The Commission may proceed to act as
Arbitrator or nominate an Arbitrator to adjudicate and settle the dispute.
The Arbitrator shall follow the Procedure as Laid down in Arbitration
and Conciliation Act, 1996.
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Offences and
penalties
20. (1) Whoever :-
(a) In contravention of the provision of this Act, the rules or the
regulations made under this Act, engaged in the business of
distribution or supply of water; or
(b) Refuses or fails without reasonable causes to comply with, or give
effect to any direction, order or requirement made under this Act;
shall be guilty of an offence under this Act.
(2) Any person guilty of an offence under clause (a) of sub-section (1) shall
punished with imprisonment which may extend to one year or with fine
which may extend to rupees one Lakh or both and a further penalty of
rupees twenty thousand for each day after the first offence during which
the offence continues.
(3) Any person guilty of an offence under clause (b) of sub-section (1) shall
punished with imprisonment which may extend to Six Months or with
fine which may extend to rupees one Lakh or both and a further penalty
which may extend to rupees f ive thousand for each day after first
offence during which the offence continues.
Offence by
user
21. (1) A person make offence under this Act, if user, than in the time of
offence together the user for the dealing of his business, the incharge of
user and responsible for that, the every person shall also be culprit for
offence and shall be responsible for the proceeding against him and
shall be punishable accordingly :
Provided that any perons shall not be punishable if he proved
that such offence shall be made without his knowledge or he take
reasonable quick action for the prevent of such offence.
(2) Notwithstanding anything contained in sub -sectoin (1), where any
offence made by user under this Act and it is proved that the offence
made with the con sent or the silence acceptance by any Director,
Manager, Secretary or other Officer or such offence made with the
reason of their negligence, than such Director, Manager, Secretary or
Officer shall also be deemed culprit of offence and shall be responsible
for the proceeding against him and shall be punishable accordingly.
Compounding
of Offences
22. (1) The Commission may, for reasons to be recorded in writing, accept
from any person who has committed or is reasonably suspected of
having committed an offence punishable under this Act, a sum of
money not exceeding rupees One Lakh by way of composition fee and
compound the offence.
(2) On the composition of any offence under sub-section (1), no proceeding
shall be taken or continued against the person concerned in respect of
such offence, and if any proceedings in respect of the offence have
already been instituted against him in any court, the composition shall
have the effect of the acquittal.
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Cognizance of
offences
23. (1) No court shall take cognizance of any offence under this Act except on
a complaint in writing of an officer authorized in this behalf by the
Commission.
(2) An offence under this Act shall be trial by a court not lower in rank
other than that of the Additional Chief Judicial Magistrate who has
jurisdiction.
Penalties and
proceedings
not to
prejudice
other actions
24. All proceeding and actins against a person under this Act shall be in
addition to and not in derogation of any proc eeding or action under any
other law for the time being in fore.
CHAPTER –V
Accounts, Audit and Report
State
Government to
the Commission
25. (1) The state Government shall after due appropriation made by the State
Legislature by law in this behalf, pay to the Commission by way of
grant such sums of money as the State Government my think fit for
being utilized for the purposes of this Act :
Provided that expenditure in respect of Salaries and allowance of
the Chairperson and other Members shall be charges on the Consolidate
Fund of the State.
(2) The Commission may spend such sums as it think fit for performing the
function under this Act, and such sums shall be treated as expenditure
of the Commission.
(3) The fees or fine or moneys thus received in Commission are kept in the
public account of the state.
Accounts and
audit
26. (1) The Commission shall maintain proper account and other relevant
records and shall cause to be prepared an annual statement of accounts
in such from as may be pr escribed by the Government in consultation
with Accountant General.
(2) The Accounts of the Commission shall be audited by the Accountant
General, Uttarakhand, or any officer authorized by him in this behalf at
such intervals as may be specified by Government and any expenditure
incurred in connection with such audit shall be payable by the
Commission to the Accountant General.
(3) The Copies of annual Statement of accounts of the Commission
together with the audit report thereon shall be forwarded to the State
Government.
(4) A Copy of the annual Statement of accounts of the Commission
together with the audit report thereon received by the State Government
under sub -section (3) shall be laid before each house of the State
Legislature.
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Annual report
of the
Commission
27. (1) The Commission shall prepare, in such form and at such time, for each
financial year, as may be prescribed, its annual report, giving a full
account of its activities during the previous financi al year and copies
thereof shall be forwarded to the State Government.
(2) The State Government shall cause the annual report to be laid, as soon
as may be, after it is received, before the State Legislature.
CHAPTER VI
Miscellaneous
Amount
recoverable as
arrears of land
revenue
28. Any amount payable under this Act, except an amount payable under
this Chapter may, on a Certificate of the Secretary of the Commission,
be recovered as arrears of land revenue.
Application of
fines and
Charges
29. The Commission while imposing any fine or charges under this Act
may direct that the whole or any part thereof shall be applied in or
towards payment of the cost of the proceedings to a party.
Protection of
Action of good
faith
30. No suit, prosecution of other Leg al proceedings shall lie against any
person for anything which is done in good faith or intended to be done
in pursuance of the provision of this Act or the rules or the regulations
or the orders made thereunder.
Bar of
Jurisdiction
31. No order of procee ding made under this Act shall be appeal0able
except as provided in this Act and no civil court shall have jurisdiction
in respect of any matter which the Commission or any other
Commission is empowered by or under this Act to decide.
Proceeding
before the
Commission to
be judicial
proceedings
32. All proceeding before the Commission shall be deemed to be judicial
proceedings within the meaning of sections 193, 219 and 228 of the
Indian Penal Code and the Commission shall be deemed to be a civil
court for the purposes of section 195 and Chapter XXVI of the code of
Criminal Procedures, 1973.
Chairperson,
Member and
Staff of the
Commission to
be public
servants
33. The Chairperson, Members and other employee of the Commission
shall be deemed to be public s ervants within the meaning of section 21
of the Indian Penal Code.
Power to make
rules
34. (1) The State Government may, by notification, make rules for carrying out
the purposes of this Act.
(2) In Particular, and without prejudice to he generality of the power
contained in sub -section (1), such rules may provide for all or any of
the following matters, namely:-
(a) the procedure to be adopted by the selection committee for selection
and appointment of the Chairperson and the Members;
(b) the form and manner in which the accounts of the Commission shall
be maintained; and
(c) any other matter which is required to be or may be prescribed.
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Power to make
regulation
35. (1) The Commission may make regulation not inconsistent with this Act or
the rules make there under for the efficient performance of its functions
under this Act.
(2) In particular, and without prejudice to he generality of the provision of
sub section (1), such regulations may provide f or all or any of the
following matters, namely:-
(a) the Administration of the affairs of the in the exercise of its
functions;
(b) determination of the function to be assigned to licensees and other
persons involved in the purchase, distribution or supply of wa ter,
the manner in which such function shall be discharged and the
procedures to be adopted and enforced in regard to the operation
and maintenance of water supply system;
(c) the procedure and the conditions for the grant of licenses, the
particulars and docu ments to be made available by the persons
applying for licenses, the standards and general conditions subject
to which the license shall be granted, the grant of exemption form
the requirement of a license, the revocation and amendment of
licenses and the effect thereof and all matters related thereto;
(d) the duties, power, rights and obligation of licensees;
(e) the particulars to be furnished, and the form and manner for
furnishing information, particulars, documents, accounts and books
by the persons involved i n the water distribution and supply of use
of water.
(f) the terms and conditions and the procedure for determination of
revenues and tariffs;
(g) the determination of the standard of performance of the persons
involved in the distribution of supply of water in the State;
(h) the fees and charges payable by the licensee and the consumer of
water.
(i) the amount of fine and penalties to be imposed for violation of the
provisions of this Act including the method and manner of
imposition of fines and penalties and collection of the same;
(j) any other which is required to be, or may be, provided by
regulations.
Power to
remove
difficulties
36. (1) If any difficulty arises in giving effect to the provisions of the Act,
the Government may, by order published in the Government Gaz ette,
make such provisions not inconsistent with the provisions of this
Act, as may appear to Excerpt shown. Open the full act in Lexace.