JAMMU AND KASHMIR WATER RESOURCES (REGULATION AND MANAGEMENT) ACT, 2010
(1) This Act may be called the Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010.
(2) It shall come into force form such date [as the Government may by notification in the Government Gazette appoint]:
Provided that different dates may be appointed for different provisions or chapters of this Act.
In this Act, unless the context otherwise requires, -
(a) "Act" means the Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010;
(b) "Authority" means the J&K State Water Resources Regulatory Authority established under section 139 of the Act;
(c) "Assistant Executive Engineer" means an Assistant Executive Engineer in-Charge of the concerned wing of PHE, Irrigation and Flood Control Department exercising control over a sub-division of an irrigation, flood control, hydraulic work or ground water;
(d) "bed material" mean all kinds of material which is extracted from the bed of any water source in any form;
(e) "beneficiary" means a person who derives benefits from the usage of water for dr
(1) Every water source in the State is, and shall remain, the property of the Government and any proprietary ownership, or any reparian or usage right, on such water resources vested in any individual, group of individuals or any other body, corporation, company, society or community shall, from the date of commencement of the Act, be deemed to have been terminated and vested with the Government.
(2) No person shall use any water from any source (surface or ground), or collect or extract any material from such water sources except in accordance with the provisions of the Act.
(1) The Government shall, from time to time, prepare the State Water Policy and Plan for the development, management, planning, utilization and monitoring of water resources in the State keeping in view the following objectives:—
(a) the availability of water;
(b) the demand of water for diverse purposes such as domestic, agriculture, power, industry etc.;
(c) the obligations of the State under any agreement, treaty, judgment or order of any court or tribunal or statutory obligations under any law for the time being in force in the State;
(d) the ecological system and environmental concerns;
(e) the conservation and management of available water resources in most economical and sustainable manner;
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(1) The Government may provide any area in the State with drinking water supply of wholesome water for public, domestic and commercial purposes.
(2) For purposes of such supply, the Government shall cause to be constructed and maintained such water works as may be necessary and may erect stand pipes, wells or pumps for the use of inhabitants of any such area.
The Executive Engineer concerned may, on application made by the owner or occupier of any premises under section 8, arrange for supply of water from the main distribution pipe to such owner or occupier for domestic purposes in such quantity as it may deem reasonable and may at any time, limit the amount of water to be so supplied whenever it considers necessary.
Explanation:— Supply of water for domestic purposes shall not be deemed to include a supply for—
(a) animals kept for commercial purposes, or for washing of vehicles where such vehicles are kept for sale or hire or where such vehicles are repaired, serviced or overhauled such as workshops, etc.;
(b) any trade, manufacture, business or industry;
(c) fountain, swimming baths or for any ornamen
(1) The prescribed authority may, subject to such conditions as may be pre-scribed, supply water for any purpose other than domestic purpose, on receiving an application under section 8 specifying the purpose for which such supply is required and the quantity likely to be consumed in connection therewith and on execution of a deed by the applicant in the prescribed manner:
Provided that the prescribed authority may withdraw such supply at any time, if it considers necessary to do so, in order to maintain a sufficient supply of water for domestic purposes.
(2) No person shall, without a permit issued by the prescribed authority, use water supplied under the Act for any purpose other than that for which its use has been authorised or permitted.
(1) The owner or occupier of any premises may apply to the Executive Engineer concerned in case of supply of water for domestic purposes, or to the prescribed authority for supply of water for purposes other than domestic use, by submitting an application in the prescribed form and accompanied by the prescribed fee.
(2) On receipt of the application, the Executive Engineer or the prescribed authority, as the case may be, shall satisfy itself that the use of water applied for is not—
(a) inconsistent with State Water Policy and Plan;
(b) likely to create a water shortage in the area;
(c) likely to create a health nuisance;
(d) likely to adversely affect other lawful users of the water resource;
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If the request of the applicant for grant of water supply connection is accepted by the Executive Engineer or the prescribed authority, as the case may be, under sub-section (3) of section 8, the applicant shall, at his own cost, provide all communication pipes and fittings and cause to be carried out works relating to the laying and applying such communication pipes and fittings in the premises for which the water supply is sanctioned.
If the person to whom such permission is granted fails to get his premises fitted with pipes and necessary connection within a period of six months from the date of grant of permission, such permission shall be deemed to be inoperative.
If at any time supply of water is proposed to be stopped for more than twenty-four hours in any local area or to any premises, the Executive Engineer shall, by giving twenty-four hours notice, inform the local authorities and the inhabitants of such local area or the owner or occupier of such premises, as the case may be, about the proposed stoppage of water supply:
Provided that if the disruption in the supply of water is caused due to a natural calamity, no such prior notice shall be required to be given.
(1) The Government may lay or carry any pipe for the purposes of arranging or maintaining the supply of water through, across, under or over any road, street or a place laid out as, or intended for, a road or street or any field, orchard, park, garden or other private or public premises under the control of a local authority, Government Department, board or a private owner or occupier and may at all times do every such act which may be necessary or expedient for repairing or maintaining such pipes in an effective state:
Provided that such execution of work shall be carried with least annoyance to the public and within a reasonable time.
(2) For any damage suffered by an owner or occupier or a local authority as a result of carrying out of operations under sub-section (1), compensation shall be paid to such owner, occupier or the local au
Every consumer or user shall pay water usage charges at such rate as may be fixed by the authority under section 128 of the Act on metered basis and in case metering has not been undertaken in any area, on the basis of number of points installed or the dimension of water pipe connected till such time meters are installed, payable by the consumers for supply of water under the Act:
Provided that no costs shall be charged for water used for extinguishing fire.
In case a service line supplies water to two or more premises or consumers from the main line or distribution pipe, the Executive Engineer may, by written notice, require the owners of such premises or such consumers to lay down separate service pipes for such premises or such consumers and the expenses of doing so shall be borne by all such owners or consumers in such proportion as may be determined by the prescribed authority.
No person shall, without the authorisation or permission of the Executive Engineer or the prescribed authority, as the case may be, make or cause to be made, at any time, any connection with a main line in contravention of the provisions of the Act.
Notwithstanding anything contained in any law for the time being in force, the Government shall not be liable to any damage or penalty for discontinuing the supply of water or failure to supply water to any person or any premises or to any local area if the cause of such failure is beyond the control of the Government.
No building, wall, fence or any other structure shall be erected, re-erected or constructed on or over any water works without the written permission of the prescribed authority.
No person shall—
(a) remove, alter, injure, damage or in any way interfere with the demarcated water works;
(b) carry on within the area aforesaid any operation of manufacture, trade or agriculture or do any act whereby injury may arise to any such water works or whereby the supply of any such water works may be fouled, polluted or rendered less wholesome;
(c) cause or suffer to percolate or drain into or upon any water works anything whereby the water therein may in any way be fouled, polluted or its quality or flow altered;
(d) cause or allow to enter any animal into such water works;
(e) throw or put anything into or upon the water in such works;
(f) bathe o
No person shall unlawfully obstruct the flow of, or flush, or draw off, or divert, or take water from any main or distribution pipe or any service line, tap work or fitting connected with the supply of water to the premises by using, fitting, installing or connecting therewith any machine or by using any other means.
The owner or occupier of a premise in which water supplied under the Act is misused within his knowledge shall be bound to prevent such misuse or inform the prescribed authority about such misuse.
(1) The Assistant Executive Engineer or any Gazetted Officer, authorised in this behalf by the Executive Engineer concerned, may between 9 A. M. to 5 P. M. enter into any premises for the purpose of inspecting any water installation in any building, site or premises.
(2) If such officer is, at any such time, refused admittance into such building, site or premises for the purpose aforesaid or is prevented from making such inspection, the Executive Engineer may, after giving the owner or occupier of such building, site or premises an opportunity of being heard, cut off the supply of water to such building, site or premises:
Provided that if any such place is an apartment in the actual occupancy of a woman who, according to custom, does not appear in public, such officer shall, before entering such apartment, give notice to such woman that
(1) Notwithstanding anything contained in the Act, the Executive Engineer may cut off the supply of water to any premises or may turn off such supply on any one of the following grounds, namely:—
(a) if, after the receipt of a written notice from the Assistant Executive Engineer concerned requiring him to refrain from so doing, the owner or occupier of the premises continues to use the water or to permit the same to be used in contravention of the Act or the rules and regulations framed thereunder;
(b) if any pipe, tap, work or fitting connected with the supply of water to the premises is found, on inspection in this behalf, to be damaged or out of repair to such an extent so as to cause waste or contamination of water and immediate prevention is necessary;
(c) if there is any water-pipe situa
(1) Subject to the provision of sub-section (2), an appeal shall lie from every order of the Executive Engineer or the prescribed authority made under sub-section (3) of section 8, or from every order of the Executive Engineer made under sections 21 and 22,
(i) to the Authority, if such order is made by the prescribed authority; and
(ii) to the Superintending Engineer concerned, if such order is made by the Executive Engineer.
(2) Every such appeal shall be preferred within ninety days from the date of order:
Provided that the Authority or the Superintending Engineer, as the case may be, may entertain an appeal after the expiry of the said period of ninety days if it or he is satisfied that the appellant was prevented by sufficient cause from filing
(1) Whenever it appears expedient to the Government that water received from any water source including any natural collection of still or ground water whether by percolation, regeneration, release, or.otherwise should be applied or used for the purpose of any existing or projected irrigation work or for the regulation, supply or storage of water, the Government may, by notification, declare that the said water shall be so applied or used after a day to be specified in the said notification, not being earlier than three months from the date thereof.
(2) After issuance of a notification under sub-section (1), the Assistant Executive Engineer shall cause a public notice to be given at convenient places, indicating the intention of the Government to apply or use water for the purposes indicated in the notification.
(3) The application or us
At any time after the day specified in the notification under sub-section (1) of section 24, an Assistant Executive Engineer may enter on premises or any land or remove any obstruction or close any channel or do any other thing necessary for such application or use of the said water and for the said purpose, he may seek the help of police or any other authority as he thinks fit.
Whenever it shall be necessary to make an inspection, enquiry or examination in connection with a projected irrigation work or its construction or with the maintenance of an existing irrigation work or with the application or use of the water of any irrigation work for the purpose of regulation, supply or storage of water, the Assistant Executive Engineer concerned may—
(a) enter upon such land, premises or structure or anything attached to the said land, premises or structure as he may think necessary for the purpose;
(b) undertake inspection, surveys or take levels thereon;
(c) dig and bore into the sub-soil;
(d) cause any standing crop, fence or jungle to be cleared or removed for conducting such inspection, survey or investigation;
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The Assistant Executive Engineer concerned, may for the purpose of inspecting or regulating use of the water supplied, or for measuring the land irrigated thereby, enter upon any land, water course or field channel on account of which any water rate is chargeable and for doing all things necessary for the proper regulation and management of the irrigation work from which such water is supplied.
(1) In case of occurrence, or apprehension, of an accident to an irrigation work or flood control work, the Assistant Executive Engineer concerned or any other person authorised by him in this behalf, may enter upon or into any immovable property in the neighbourhood of such irrigation or flood control work as may be necessary for repairing any damage done or for preventing such accident and remove, carry or utilise trees and other material and take such other steps, and execute any work as may be necessary for such purpose.
(2) If any person suffers any loss or damage as a result of removal or clearance of standing crops or felling and carrying of trees, he shall be paid compensation for such loss or damage in accordance with the provisions of Chapter V of the Act.
(1) Where the Assistant Executive Engineer intends to enter any building, premises or any land appurtenant thereto under the provisions of sections 25 to 28, he shall give to the occupier of such building or premises a reasonable prior notice as the urgency of the case may allow.
(2) The power conferred by sections 25 to 28 includes the power to break open the door of any premises for purposes of removing any obstruction or for undertaking inspection, survey, digging, clearing any crop, fence or jungle or doing repairs or preventing accidents or doing any other thing necessary for construction, maintenance or regulating the supply of an irrigation work:
Provided that the power to break open the door shall be exercised only after the owner or any other person in occupation of the premises, if he is present therein, refuses to open the doo
(1) The Government shall provide and maintain suitable means of canal crossings at such places as the Government thinks necessary for the reasonable convenience of the inhabitants of the adjacent land.
(2) No suit or any proceeding shall lie against the Government for enforcing the construction of a canal crossing, or for enforcing the alternation of a crossing or for compensation for damage arising from the absence or inadequacy of any crossing, or for modifying or setting aside any scheme framed or order passed under this section.
Explanation: — Suitable means of canal crossing include means the passage of traffic and of water.
If the Government is satisfied that any land is required for the construction of an irrigation work excluding water courses, field channels and field drains, or for the maintenance, improvement or extension of an existing irrigation work, the Government may acquire the land in accordance with the provisions of the State Land Acquisition Act, Samvat 1990.
(1) The Executive Engineer concerned may, on his own motion or on an application made by owners or occupiers of any land or field, prepare or cause to be prepared a draft scheme to provide for all or any of the matters, namely:—
(a) construction, alteration, extension and re-alignment of any water channel, or any existing water channel constructed or maintained by any owner or occupier;
(b) re-allotment of areas served by one water course to another;
(c) lining of any water channel;
(d) occupation of land for the deposit of soil gathered from clearance of any water channel;
(e) any other matter which is necessary for proper maintenance and distribution of supply of water from a water course.
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(1) Every scheme shall, as soon as may be after its preparation, be published in such form and manner as may be specified for inviting objections and suggestions with respect thereof within thirty days from the date of its publication.
(2) After considering of such objections and suggestions, if any, the Executive Engineer shall approve the scheme either as it was originally published or in such modified form as he may consider fit and publish the same.
(3) The Superintendent Engineer may, on his own motion at any time or on an application made, within a period of thirty days from the date of publication of a scheme, by any person aggrieved by such scheme, revise the scheme approved under sub-section (2):
Provided that such revision shall not be made without affording the person affected an op
After a scheme has been approved by the Executive Engineer under sub-section (2), or revised by the Superintending Engineer under sub-section (3), or where an appeal has been preferred before the prescribed authority under sub-section (4), after it has been disposed of, the Executive Engineer shall, acquire the land by agreement with the owner thereof, or initiate the process of acquiring the land by the Government in accordance with the provisions of the State Land Acquisition Act, Samvat 1990.
(1) The Executive Engineer shall, after taking possession of the land acquired under section 34, take steps for implementation of the scheme.
(2) Any scheme constructed under sub-section (1) shall be the property of the Government.
(3) Unless ordered by the Government to the contrary, any extension, alteration or re-alignment of water channels at the instance of any owner or occupier shall be done at the cost of such owner or occupier.
On execution of the scheme, the Executive Engineer shall, by order in writing, direct the owners, occupiers or beneficiaries to take over and maintain the water channel and on failure of any owner or occupier or beneficiary to comply with this direction, he shall make arrangements for maintenance of the water channel at the cost of such owners or occupiers or beneficiaries in proportion to the culturable commanded area under the scheme held by them.
(1) The Assistant Executive Engineer may issue an order to the persons using any field channel to construct suitable bridges, culverts or other works as approved by the Assistant Executive Engineer for the passage of the water of such field channel across any public road, canal or drainage channel in use before the said field channel was made or to repair any such works.
(2) The order issued under sub-section (1) shall specify a reasonable period within which such construction or repairs shall be completed.
(3) If, after the receipt of such order, the person to whom it is addressed does not, within the said period, construct or repair such work to the satisfaction of the Assistant Executive Engineer, he may with the approval of Executive Engineer, himself construct or repair the same, and demand the cost of such construction or repairs f
(1) if a person demolishes, alters, enlarges, obstructs or encroaches upon a water channel or field channel or causes any damage thereto, any person affected thereby may apply to the Assistant Executive Engineer for directing the restoration of the water channel or field channel to its original condition.
(2) The Assistant Executive Engineer may, on his own motion or on the information given by Village Patwari, Lambardar or any other person or on receiving an application under sub-section (1), after making such enquiry as he may deem fit, require, by a notice in writing served on the persons found to be responsible for so demolishing, altering, enlarging, obstructing, encroaching or causing damage, to restore at his own cost the water course or field channel to its original condition within such period as may be specified in the notice.
(1) If any person, jointly responsible with others for the maintenance of a water channel or field channel, or jointly making use of a water channel with others, neglects or refuses to pay his share of the maintenance or to execute his share of any work necessary for such maintenance, the Assistant Executive Engineer shall, on receiving an application in writing from any person affected by such neglect or refusal, investigate the case and make such order thereon as he deems fit.
(2) The order passed under sub-section (1) shall be appealable to the Executive Engineer, whose decision thereon shall be final.
(1) Whenever application is made to a Assistant Executive Engineer for supply of water from an irrigation work, and it appears to him expedient that such supply should be given and that it should be conveyed through a field channel, he shall give notice to the persons responsible for the maintenance of such field channel to show cause on a day not less than seven days from the date of such notice as to why the said supply should not be so conveyed, and after making enquiry on such day, the Assistant Executive Engineer shall determine whether and on what conditions the said supply shall be conveyed through such field channel:
Provided that such application is made for lands already included in the irrigation works.
(2) Any person, aggrieved by the determination of the Assistant Executive Engineer, may prefer an appeal to the Executive Eng
(1) Any person desiring that a field channel should be transferred from its existing owner to him may apply in writing to the Assistant Executive Engineer, if he—
(a) has failed to procure such transfer from the owner of such field channel; and
(b) undertakes to bear the cost and to do all things necessary for procuring such transfer; and
(c) has sufficient means to defray the cost of such transfer.
(2) If the Assistant Executive Engineer is satisfied that the said transfer is necessary for the better management of the irrigation from such field channel and that the statements in the application are true, he shall call upon the applicant to make such deposit as he considers necessary to defray the cost of the preliminary works and the amount of any
(1) Within fourteen days of the affixation of notice under section 41, any person interested in the field channel to which the notice refers and having any objection to the transfer of such field channel, may apply to the Assistant Executive Engineer by petition stating his objections to such transfer.
(2) The Assistant Executive Engineer may either reject the petition or may proceed to enquire into the validity of the objections giving previous notice to persons concerned stating the place and time at which such enquiry shall be held:
Provided that such notice shall also be given to the Tehsildar of the area through which field channel passes.
(3) The Assistant Executive Engineer shall record in writing all orders passed by him under this section and the grounds thereof.
(1) If no such objection is made, or where any objection is made and the Assistant Executive Engineer rejects such objections, the Assistant Executive Engineer shall intimate the Tehsildar to that effect, and shall, with the agreement of the Tehsildar, transfer the field channel from the existing owner to the applicant.
(1) If the Assistant Executive Engineer considers any objection made as afore-said to be valid, he shall inform the Tehsildar accordingly.
(1) If the Tehsildar disagrees with the Assistant Executive Engineer, the matter shall be referred for decision to the Executive Engineer and the decision of the Executive Engineer thereon shall be final.
(2) The Assistant Executive Engineer, if he is so directed by the Executive Engineer under sub-section (1), shall, subject to the provisions of section 46, transfer the field channel from the existing owner to the applicant.
(1) No transfer of field channel shall be made until the applicant has paid to the person named by the Assistant Executive Engineer such amount as the Executive Engineer determines under sub-section (2) to be paid as compensation for transfer of field channel together with all expenses incidental to such transfer.
(2) The Assistant Executive Engineer shall recommend the amount to be paid as compensation by the applicant for transfer of field channel to him together with expenses incidental to such transfer to Executive Engineer who, in determining the compensation, shall follow the provisions of the State Land Acquisition Act, Samvat 1990.
(3) Any person aggrieved by the order of Executive Engineer under sub-section (2) may prefer an appeal to the Superintending Engineer within a period of thirty days from the date of order. The order of
(1) On transfer of a field channel to the applicant, the applicant or his representative in interest shall be bound to construct and maintain, to the satisfaction of the Assistant Executive Engineer and for the convenience of the neighbouring land, all the works necessary for—
(a) the passage across such field channel existing prior to its transfer;
(b) the drainage intercepted by it; and
(c) for providing proper communications across it.
(2) If any field channel transferred here in above is not used for three years continuously, the right of the applicant or of his representative in interest to occupy such field channel shall cease absolutely and same shall vest in the State.
(1) Whenever it appears expedient to the Assistant Executive Engineer either on his own motion or on the application of an owner or occupier or beneficiary that for better utilization of irrigation potential created by an irrigation work, field channels should be constructed in any area, he may cause to be served on the owner or occupier or beneficiary concerned a notice in the prescribed form containing the exact location of sluices or outlets on the irrigation works and specifying the area of irrigable land to be served by the same and direct them to construct such field channels at their own cost within a specified time which shall not be more than three months from the date of issue of the notice.
(2) If the owner or occupier or beneficiary fails to construct the field channels in his land as directed by the Assistant Executive Engineer under sub-section (1) within the time spe
(1) It shall be the duty of every owner, occupier and beneficiary to maintain the field channels in a proper state of repairs at their own cast.
(2) If the Assistant Executive Engineer is of the opinion that any field channel is not being properly maintained, he shall, after providing an opportunity to the owner or occupier or beneficiary concerned to take such action as may be directed by him, proceed to have such repairs made as he may consider necessary at the cost of the owner or occupier or beneficiary plus 15% of the actual cost.
(1) When there is any dispute between the owners or occupiers or beneficiaries for the construction of a field channel, the Assistant Executive Engineer shall, recommend to the Executive Engineer concerned for acquisition of land in accordance with the provisions of section 34:
Provided that the compensation payable for acquisition of land under this section shall be paid by the owners or occupiers or beneficiaries of such field channel.
(1) The Executive Engineer concerned may, on his own motion or on the application of not less than fifty per cent of the owners or occupiers of land in the culturable commanded area, prepare a draft scheme to provide for on-farm development on a group or block of fields.
(2) Every scheme prepared under sub-section (1) shall, among other matters, set out the cost of the on-farm development works, a sketch plan of the area proposed to be covered by the said scheme and the particulars of the owners or occupiers to be benefited by the such scheme.
(3) Every scheme shall, as soon as may be after its preparation, be published in such form and manner as may be specified inviting objections and suggestions with respect thereof within thirty days of the publication.
(4) After consideration of such obje
Whenever it appears to the Government that injury or damage to any law; has arisen or may arise from the encroachment upon any irrigation or flood control work, the Government may, by notification, prohibit, within limits to be defined in such notification, or may order the removal of, such encroachment.
(1) The Executive Engineer may, after the notification under section 52, issue an order to the person causing or having control over any such encroachment to remove such encroachment within a time to be specified in the order.
(2) If within the time so specified, such person does not comply with the order, the Executive Engineer may remove the encroachment with the assistance of police force and recover the expenses involved in such removal from the person concerned:
Provided that the Executive Engineer may, in cases of emergency, remove the encroachment before the publication of notification and the expenses incurred on such removal shall be recovered from the person concerned.
(1) Whenever it appears to the Government that any drainage work, excluding field drain, is necessary in the interest of public health or for improvement of any land, or for the proper cultivation or irrigation thereof, or for protection from floods and other accumulation of water or injurious salts or for prevention of erosion by a water source, the Government may, by notification, declare that the drainage work shall be constructed after a day to be specified in the said notification not being earlier than three months from the date thereof.
(2) As soon as practicable after the issuance of notification under sub-section (1), the Executive Engineer or any officer duly empowered by him in this behalf shall cause public notice to be given at convenient places, indicating the intention of the Government to construct the drainage work excluding field drain referred to in sub-section (
(1) Notwithstanding anything contained to the contrary in sub-section (1) of section 54, the Executive Engineer may cause a scheme for field drains to be drawn up.
(2) Every scheme drawn tip under sub-section (1), amongst other matters, shall set out the estimated cost thereof, the alignment of the proposed field drain or realignment of the existing field drain, as the case may be, the particulars of the owners or occupiers to be benefited, the particulars of persons who may be affected thereby and sketch plan of the area proposed to be covered by the scheme.
(3) The provisions contained in sections 33,34 and 36 to 38 shall apply mutatis mutandis to the scheme drawn up for field drains.
(4) The Executive Engineer may construct the field drains on behalf of the owners or occupiers and recover t
Notwithstanding anything contrary contained in the Act, the water from an irrigation work may be supplied—
(a) as provided in section 57; and
(b) on an application for irrigation or non-irrigation purposes as provided in section 58.
(1) An Assistant Executive Engineer may, after such inquiry as he deems fit, regulate in respect of any irrigation work for each year or part thereof or for a specified term of years at a time, as circumstances may require, the—
(a) time for letting out water for irrigation;
(b) period of supply;
(c) quantity of supply; and
(d) areas to be supplied at different times.
Explanation:— A land shall be deemed to have been supplied with water notwithstanding that the water is not utilised for irrigation provided that such non utilisation is solely due to the action or inaction on the part of the owners or occupiers interested in such land.
(1) Any person, desiring to have supply of water from an irrigation work for irrigating land not included in any area to which supply of water is regulated under section 57, shall make a written application to that effect to the Assistant Executive Engineer concerned, subject to any general or special order made by the authority determining the extent of land for which water can be made available from such irrigation works, and the Assistant Executive Engineer may, if in his opinion such supply can be made without detriment to the supply of water to lands to which supply of water is regulated under section 57, order the supply of water for a period not exceeding six years subject to such conditions as may be specified in such order.
(2) If after six successive years of supply of water made to any land referred to in sub-section (1), the occupier, owner or beneficiary of such land a
The supply of water to any water course or field channel or to any person who is entitled to such supply shall not be stopped except—
(a) whenever, and so long as, it is necessary to stop supply for the purpose of maintenance of an irrigation work or for execution of any work ordered by the competent authority;
(b) whenever, and so long as, any field channel by which such supply is received is not maintained in such repair as to prevent the wasteful escape of water thereof;
(c) whenever, and so long as, it is necessary to do so in order to supply water in rotation to the legitimate demands of other persons entitled to water;
(d) whenever, and so long, as it may be necessary to do so in order to prevent the wastage or misuse of water;
(1) No person entitled to use the water from any irrigation work shall sell or sublet or otherwise transfer his right of such use or use it for purposes other than irrigation.
(2) Every right to the supply of water for agricultural purposes to any land shall be deemed to have been transferred whenever a transfer of such land takes place.
When water from an irrigation work is supplied for the irrigation of one or more crops only, the right to use such water shall be deemed to continue only until such crop or crops shall come into maturity.
(1) Where the Executive Engineer is satisfied that for the better cultivation of lands, or for better production of crops, or for preservation and proper utilisation of water resources or any irrigation work it is expedient to identify the kind of crops that should be sown, planted or grown on lands under the irrigable command of an irrigation work or any part thereof, and the period during which such crops should be sown, planted or grown on such lands, he may, with the agreement of the Chief Agriculture Officer concerned having regard to the soil characteristics, climate, rainfall and availability of water, by order in writing, make a declaration to that effect. Such a declaration shall be given wide publicity in such manner as the Executive Engineer may think fit.
(2) On a declaration being made under sub-section (1), the Assistant Executive Engineer concerned may specify, by no
(1) Where in the opinion of the Government it is in public interest to prepare small schemes for irrigating lands not exceeding 100 hectares or such area as may be prescribed, the Government may, direct the concerned Executive Engineer to prepare such small schemes for supply of water from an irrigation work to such lands and thereafter handover the management of the scheme and distribution of water therefrom to the Water Committee appointed under section 64.
(2) Every scheme under sub-section (1) shall contain the following particulars, namely:—
(a) the area to be covered by the scheme;
(b) the survey number of lands included in such area and the name of owners and occupiers thereof;
(c) the period or periods during which water shall be supplied to
(1) After a scheme has come into force under sub-section (5) of section 63, the Government shall constitute a Water Committee for execution and maintenance of the scheme subject to overall superintendence, direction and control of the Assistant Executive Engineer concerned.
(2) The Water Committee shall consist of five persons elected by the owners, occupiers and beneficiaries of land included in the scheme from amongst themselves in the manner as may be prescribed.
(3) The members of the Committee shall ordinarily hold office for a period of three years from the date of their election.
(4) The Committee shall meet from time to time, and shall follow such procedure as it deems fit for the transaction of its business.
(5) The Water Committee shall—
(1) If at any time the Government is of the opinion that the—
(a) Water Committee has persistently made default in the performance of the function conferred on it by or under the Act; or
(b) circumstances exist which render it necessary in the public interest so to do,
it may, by order, suspend the Water Committee for a period not exceeding two years as may be specified in the order:
Provided that before suspending a Water Committee for the reasons mentioned in clause (a), the Government shall give a reasonable opportunity to the Committee to show cause why it should not be suspended and shall consider the explanation and objections, if any, of such Committee.
(2) Upon suspension of a Water Committee unde
(1) Except as may be prescribed, no person other than an Assistant Executive Engineer shall—
(a) interfere with any irrigation or hydraulic work;
(b) construct any earthen or masonry bund or weir on any channel or stream, flowing upstream or downstream of any irrigation work; or
(c) perform or undertake any excavation activity within the vicinity of any irrigation or hydraulic work.
(2) No person shall raise any residential, commercial or industrial building or unit in the vicinity of any irrigation or hydraulic work without prior permission from the prescribed authority.
(1) Assistant Executive Engineer may, by order, require any person interfering with or encroaching upon any irrigation or hydraulic work to remove such interference or encroachment within the time specified in such order and if such person does not comply with such order, the Assistant Executive Engineer may remove the interference or encroachment at the expense of such defaulter and take such other action as may be necessary including the recovery of expenses incurred on removal of such interference or encroachment.
(2) Assistant Executive Engineer may, if he deems necessary, seek the assistance of police force for removal of such interference or encroachment.
(1) Every person whose water storage tank or reservoir or any other device of storing water is situated in the vicinity of any irrigation work shall maintain such tank, reservoir or device in a safe and efficient condition.
(2) If, in the opinion of the Assistant Executive Engineer, such tank, reservoir or device is not in a safe or fit condition or is likely to endanger any irrigation work in its vicinity, the owner or occupier thereof shall be served with a notice to bring such tank, reservoir or device to a safe and fit condition within such time as may be specified in the notice.
(3) If such owner or occupier fails to maintain such tank, reservoir or device to a safe and fit condition within the time specified or does such repairs which in the opinion of the Assistant Executive Engineer are unsatisfactory, the Assistant Executive Eng
No person shall, without the prior permission of the Assistant Executive Engineer, conduct any operation requiring the use of any explosives within such distance from the boundaries of an irrigation work, as may be specified.
No person shall have the right to fish or ply any vessel or boat in a reservoir, pond, tank or, across and along a river, stream, nallah, canal, water course or channel maintained or controlled by the Government without the permission in writing of the Government or of such officer as may be empowered in this behalf by the Government, or of such person/officer who is empowered under any law for the time being in force to grant said permission and except under such terms and conditions and subject to payment of such fees as may be prescribed.
No person other than the Assistant Executive Engineer, or any officer duly empowered in this behalf by him, shall let out water from a river, stream, nallah, canal or channel by cutting the bund, constructing a sluice or outlet or any other similar contrivance.
(1) No person shall abstract water for any purpose by the installation of a pump set or other electrical or mechanical device for pumping out water from any irrigation work except with the prior permission of the Executive Engineer within whose jurisdiction such pump set or other device for abstraction of water is installed and subject to such terms and conditions and subject to the payment of such fees, as may be prescribed:
Provided that no such permission, shall be issued unless the Executive Engineer is satisfied that the water to be pumped out of such irrigation work is surplus and will not affect the functioning of such irrigation work.
(2) If any person abstracts water from any irrigation work in violation of sub-section (1), Executive Engineer or any officer authorised by him in that behalf shall have the power to enter any prope
No person shall deposit any material or waste in or near any channel or field drain or any other work feeding any irrigation work.
No person shall pollute, or discharge any sewage or industrial effluent, in the water of any irrigation work which may deteriorate the quality of water of, or give rise to the growth of any weeds in, or cause an injury to, any irrigation work.
(1) Where the authority considers it necessary or expedient so to do, it may recommend to the Government for declaration of any area through which a water source flows and the area comprising of the bed, both sides and nearby low land susceptible to floods by inundation of such water source, as flood basin.
(1) For determination of the limits of a flood basin, the prescribed authority shall cause a survey to be made of a water source and for the said purpose proper charts and registers shall be prepared specifying all the boundaries and landmarks and any other necessary matter for the purposes of ascertaining such limits.
(2) The prescribed authority may outsource the work of survey and investigation to, or seek the technical expertise from, the Central Water Commission for the purposes of making a survey of the area as required under sub-section (1).
(3) On the basis of such survey and investigation, the prescribed authority shall delineate the areas which are subject to flooding including classification of land and shall prepare charts and registers indicating the areas delineated.
(1) It shall be lawful for the prescribed authority or any officer specially authorised by it in this behalf to—
(a) enter upon and survey and take levels of any land within his jurisdiction;
(b) mark such levels, boundaries and lines by placing marks or boundary stones;
(c) measure the land;
(d) cut down and clear away any part of standing crop, fence or jungle where the survey cannot be completed and the levels taken without such cutting down or clearance; and
(e) do all other acts necessary for the purposes of ascertaining the limits referred to in sub- section (1) of section 76.
(2) Notwithstanding anything contained in sub-section (1), no officer shall ent
(1) After receipt of delineation report from the prescribed authority prepared under sub-section (3) of section 76, the authority shall publish the report together with the prohibitions and restrictions proposed to be imposed on the use of land covered under the flood basin for information of general public and call for objections within a specified period as regards the area included in the flood basin and the proposed prohibitions and restrictions on the use of land.
(2) The authority shall, after considering the objections, if any filed, and after giving the aggrieved party a reasonable opportunity of being heard, pass orders thereon including any modifications or alteration in the limits of the proposed delineation and also to the proposed prohibitions and restrictions, as the authority may deem fit and proper.
(3) After passing of o
(1) After receipt of recommendations from the authority under sub-section (3) of section 78, the Government shall, by notification, declare the specified area as flood basin and specify the prohibitions and restrictions on the use of land covered under such flood basin.
(2) The prescribed authority shall, on the issue of notification under sub-section (1), cause public notice of the substance of such notification to be exhibited at conspicuous places for information of the general public and shall also give notices individually to the owners or occupiers of the land.
(3) The prescribed authority shall make available the records, charts, maps, registers and such other documents showing the river channel, flood channel and the flood basin area specifying the nature and extent to which the use of that area is prohibited or restricted in the
The prescribed authority may—
(a) cause any embankment which adjoins or connects public embankments, or forms by junction with them part of a line of embankments, or is necessary for the protection of the neighbouring land, to be taken charge of and kept up by the Government;
(b) cause any private embankment or other structure which endangers the stability of a public embankment or obstructs the beneficial drainage of the concerned area to be removed;
(c) change, when necessary, the line of any public embankment or make a new embankment;
(d) enlarge any public embankment after acquiring land, if necessary, under the State Land Acquisition Act, Samvat 1990 and do all acts necessary and proper for the maintenance thereof;
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(1) The control of the bed and banks of all water sources, navigation channels, intake channels, city channels and flood spill channels together with all works that affect the hydraulic conditions in the State shall be under the Irrigation and Flood Control Department.
(2) No reclamation or plantation in the bed or on the banks of a water course, navigation channel, intake channel, city channel or flood spill channel shall be permissible except under an authorisation by the prescribed authority.
(3) No extraction of any kind of material shall be made by any person in the bed or on the banks of any water source, navigation channel, intake channel, or flood spill channel without the identification of the site of extraction by an officer specifically empowered in this behalf by the prescribed authority, who shall before identifying such sit
No vehicular traffic shall be allowed on embankments except with the permission of the prescribed authority.
(1) No person shall encroach upon, or cause any obstruction to, an embankment or slope thereof or the water way of any water source.
(2) The prescribed authority, or any other person authorised by him in this behalf, may issue an order to the person making encroachment or causing obstruction or having control over any such encroachment or obstruction to remove such encroachment or obstruction within the time to be specified in the order.
(3) If within the time so specified, such person does not comply with the order, the prescribed authority or the officer authorised by him in that behalf, may remove such encroachment or obstruction and if the person to whom the order was issued does not, when called upon, pay the expenses involved in such removal, such expenses shall be recovered from him as arrears of land revenue.
It shall be lawful for the Irrigation and Flood Control Department to make excavations in land owned, occupied or held by any person, department, Corporation, Company or any other authority up to a depth of two feet and remove the earth so excavated therefrom for the purpose of construction and maintenance of an embankment.
(1) Whenever it appears to the Government that it is necessary to take measures for the purpose of protecting life and property from the danger caused, or threatened to be caused, by floods in any area or locality, the Government may by order require all owners and occupiers of land in such area or locality to carry out such measures and for such period as may be specified in the said order.
(2) During the period specified in the order referred to in sub-section (1), any officer authorised by the Government in this behalf may, by a general or special order, require a Tehsildar of the Tehsil, or a Lambardar of the village specified in such order to furnish as many labourers as to the said officer as may be necessary and such labourers shall be paid wages at a rate which shall not be less than minimum wages fixed by the Government from time to time.
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For the safety of embankments and for protecting the life and property of the people, the prescribed authority shall—
(a) cause to be constructed flood gauges a t different places in a water source particularly at locations, where there are habitations, indicating thereon danger marks, in bold and legible letters to make the public aware of the danger marks; and
(b) to establish flood control rooms with warning system in all such areas which are prone to erosion or submergence in case of high floods in order to combat any emergent situation arising during the high floods in any water source.
(1) Notwithstanding anything contained in any law for the time being force in the State, no licensee shall extract the bed material of any kind from any water source without the identification of the site of extraction by an officer specifically empowered in this behalf by the prescribed authority.
(2) The officer empowered under sub-section (1) shall, before identifying the site of extraction, satisfy himself that such extraction of material does not in any way change the course of the water source and that by such extraction no water supply or irrigation scheme shall be adversely affected.
(3) The officer empowered under sub-section (1) shall ensure that the bed material so extracted is removed on daily basis by the licensee so as to maintain regular or normal flow of water in the water source.
Compensation shall be awarded for the damages caused to any standing crop, tree, building or any other property by the entry, or in the execution of any work or operation under section 12, clause (d) of section 26, sub-section (2) of section 28 and clause (d) of sub-section (1) and sub-section (3) of section 77.
(1) The Assistant Executive Engineer, or any person on his behalf, entering any land, building or other property shall ascertain and record the extent of the damage, if any, caused by such entry, or in the execution of any work or operation to any crop, tree, building or any property and the value of material taken or utilised and, within one month from the date of such entry, compensation shall be tendered by him to the owner or occupier of the property.
(2) If such owner or occupier is not satisfied with compensation provided under sub-section (1), he may inform the Assistant Executive Engineer concerned accordingly and the Assistant Executive Engineer shall forthwith refer the matter for the purpose of determining the amount of compensation to the Executive Engineer.
(3) The prescribed authority may, at any time, or on the application
Save as otherwise provided under Chapters III, IV and VII, no person, group of persons, government department, local authority, corporation, company, society or any other body, by whatever name called (hereinafter in this Chapter called 'the user'), shall install a unit requiring usage of water of any water source except under a licence issued by the licensing authority in accordance with the provisions provided hereinafter in this Chapter.
(1) Any user intending to install a unit requiring usage of water for the purpose of —
(a) generation of electricity;
(b) irrigation of land;
(c) drinking purposes (domestic, commercial, industrial or institutional);
(d) running of water mills; and
(e) exploration and exploitation of ground water, shall prepare scheme and submit to the authority accompanied by such fee and service charges as may be fixed by the authority for approval.
(2) The said scheme shall specifically indicate the following _
(a) the location of the unit;
(b) the source of water to be used;
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(1) After receipt of the scheme from a user, the authority shall consider the viability of the scheme by taking into the account the following factors, namely:—
(a) whether the purpose of the proposed scheme is consistent with the State Water Policy;
(b) whether the works required to be executed for the proposed scheme are detrimental to any existing, ongoing or proposed water supply, irrigation, flood control or any other scheme in the area;
(c) whether the proposed scheme is consistent with the requirements of drinking water, irrigation, navigation, flood control or any other public purpose, and make such inquiries and undertake such other studies, as it may deem necessary.
(2) If the authority is satisfied that the proposed scheme is viable and m
After the scheme is approved by the authority under sub-section (2) of section 92 or by the Government under sub-section (4) of section 92, the authority shall inform the user accordingly and require him to -
(a) obtain a licence for use of water under section 96;
(b) execute an agreement in such form and manner with the prescribed authority as may be prescribed; and
(c) pay such fee and water usage charges as fixed under Chapter XI of the Act.
No user shall install a unit requiring usage of water without adhering to the requirements of section 97.
The authority shall fix the minimum and maximum ceiling of water to be allocated to a user for
(a) generation of electricity (hydro-electric project);
(b) irrigation of land;
(c) drinking purposes; (domestic, commercial, industrial or institutional);
(d) exploration of ground water; and
(e) utilization of water for other purposes.
No person shall install a unit, requiring usage of water or in any other way use the water, for—
(a) distribution of water;
(b) undertaking trading in water directly or indirectly;
(c) construction of dams on any water source; and
(d) exploration or exploitation of ground water, unless he is authorized to do so by a licence, issued under section 97.
A user intending to use the water for any purpose specified in sub-section (1) of section 91 and section 96, may make an application accompanied with such fee as may be prescribed to the licensing authority for grant of licence under the Act:
Provided that in case the user is a government department, a local authority or a corporation owned and financed by the Government, it shall be deemed to be a licensee under the Act and shall not be required to obtain a licence under the Act
(1) After receipt of an application for grant of licence under section 97, the licensing authority shall, as soon as possible, publish a notice in at least two daily newspapers describing the name and address of the person to whom it proposes to issue the licence with all particulars of the scheme and invite objections from the persons who are likely to be affected by the execution of such scheme.
(2) After considering the objections, if any, and the suggestions received in response to the notice as provided in sub-section (1) and after ascertaining that---
(a) the scheme of the applicant has been approved by the authority or the Government, as the case may be;
(b) the applicant complies with the requirements of capital adequacy and credit worthiness; and
(1) No licensee shall, without prior approval of licensing au thority,-
(a) undertake any transaction to acquire by purchase or takeover or otherwise, the utility of any other licensee; or
(b) merge his utility with the utility of any other licensee.
(2) No licensee shall at any time assign his licence or transfer his utility, or any part thereof, by sale, lease, exchange or otherwise without the prior approval of the licensing authority.
(3) Before permitting any licensee to undertake any transaction or merge his utility under sub-section (1), or assigning his licence or transferring his utility under sub-section (2), the licensing authority, in case it is not the Government, shall seek the approval of the authority.
(1) Where in its opinion the public interest so demands, the licensing authority may, on an application made by the licensee or otherwise, make such alternations and amendments in the terms and conditions of the licence as it thinks fit:
Provided that no such alternations or amendments shall be made to the detriment of the interests of the licensee except after giving the licensee an opportunity of being heard:
Provided further that where such alteration or amendment is made on the request of the licensee, the licensing authority shall, before making such alternation or amendment in the licence, publish a notice in at least two daily newspapers specifying the modification or alteration sought to be made by the licensee, invite objections from the persons likely to be affected by such modification or alteration and consider such objection
(1) If the licensing authority, after making an enquiry, is satisfied that public interest so requires, it may revoke a licence in any of the following cases, namely:—
(a) where the licensee, in the opinion of the licensing authority, makes wilful or prolonged default in doing anything required of him by or under the Act or the rules or regulations made thereunder;
(b) where the licensee violates any of the terms and conditions of his licence, the violation of which is expressly declared by such licence to render it liable to revocation;
(c) where the licensee fails, within the period fixed in this behalf by the licence, or any longer period which the licensing authority may have granted therefor, to
(i) show to the satisfaction of the licensing aut
(1) It shall be the duty of the licensee to develop and maintain an efficient coordinated system for the economical and optimum utilization of water and distribution of the same in accordance with the provisions of the Act.
(2) The licensee shall be liable to pay water usage charges (tariff) for the water utilized as per the provisions of the Act.
(3) Where any user has constructed an irrigation scheme, drinking water supply scheme, dam (for purpose of generation of electricity), or any other hydraulic structure or installed any unit for usage of water prior to the commencement of the Act, such user shall, within a period of six months from the date of commencement of the Act, apply for a licence under the Act and the licensing authority shall pass an order with regard to grant of license within a period of six months from the date of re
(1) Every licensee shall establish a mechanism for redressal of the grievances of the people or consumers in accordance with such guidelines as may be specified by the authority.
(2) Any person who is aggrieved by non-redressal of his grievances under sub-section (1), may make a representation for redressal of his grievances to the authority.
(3) The authority shall settle the grievances of such person within such time and in such manner as it may think fit.
The Government may, in extraordinary circumstances, require a licensee to operate and maintain his unit in accordance with such directions as may be issued by the it from time to time.
Explanation:— For purposes of this section, the extraordinary circumstances mean the circumstances arising out of the threat to the security of the state, public order or a natural calamity.
(1) The Authority may, in consultation with the Government, specify suitable measures to be adopted by a licensee which are necessary for
(a) protecting the public, including the persons engaged in the usage of water for the purposes of generation of power, running of water in irrigation and water supply units, hydraulic works, exploration of ground water and construction activities on such units for purposes of the usage of water;
(b) eliminating or reducing the risk of personal injury to any person or damage to property of any person during the currency of licence;
(c) ensuring the safety of the life and property of the inhabitants of the area under the operation of the scheme, water source, hydraulic work and protection thereof against any damage or danger caused or likely to be caused by t
While issuing a licence for establishment of a unit for generation of electricity, the licensing authority shall ensure that
(a) the site of the dam of such unit is reasonably away from the thickly populated area;
(b) the licensee executes all anti-erosion works, bunds or other mechanisms in case the outgoing water from the turbine after generating electricity flowing down the dam site is likely to cause erosion of land of, or inundation or submergence of, any area;
(c) the licensee installs and operates automatic warning system with hooters or sirens so as to warn the people regarding operation of ejection of silt from the dam; and
(d) the licensee undertakes to deploy regular guards for giving advance warning to the people living in the adjoining
For the purpose of this chapter, the licensing authority shall have the following powers in relation to a unit or the licensee
(a) to measure and record the water resources of both surface and underground used by a licensee;
(b) to permit use water from any watercourse, or any other source for establishment of a unit by a licensee;
(c) to allow diversion, interception and storage of water coming from any water source;
(d) to allow usage of surface water or ground water;
(e) to enter upon any land or premises for the purposes of -
(i) making or carrying out inspection, tests, investigations, surveys, experiments, boring or drilling operations, explorations, etc.
(1) The licensee shall be responsible for any injury, loss or damage caused by or resulting from the total or partial failure or collapse of, or the escape of hazardous waste from the unit and shall be liable to make good such loss, injury or damage and bear all expenses to be incurred on re-construction or restoration of the injured, lost or damaged infrastructure apart from any compensation that may be payable to the sufferers under any law for the time being in force.
(2) The approval of the design, construction, operation and maintenance of the unit by the authority or the Government, as the case may be, shall not absolve the licensee from the liability under sub-section (1).
(1) For the establishment of a unit for usage of water, the licensing authority may, if it considers it necessary or on the request of a licensee, permit the licensee to undertake certain special works which may include the following,—
(a) diversion of a water course;
(b) reclamation of watercourse, lake or swamp land or part thereof;
(c) works associated with a mining development or mining operations; or
(d) any other work connected with or necessary for installation of the unit by a licensee.
(2) A licensee may apply to the licensing authority accompanied by such fee as may be prescribed, for obtaining permission for undertaking any such special work justifying the necessity and relation of such work wi
(1) For carrying into effect the provisions of this Chapter, the licensing authority or any officer authorised by it, shall have the following powers and functions, namely:—
(a) to enter any land, premises, unit or area, without notice during day time for making any investigation, inquiry, inspection or examination to ensure that the provisions of the Act are not contravened;
(b) to require the licensee to execute, fix, remove, replace, renew, substitute, alter, repair, clean or examine any plant, equipment, machinery or work;
(c) to take account of the quantity of water allocated and used for ensuring that the water used is in accordance with the quantity allocated or permitted in the terms of a licence, permit or any other authorisation under the Act;
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(1) If the authority is of the opinion that it is necessary or expedient in the public interest to control, and/or regulate, the extraction or the use of ground water in any form in any area, it may advise the Government to notify the area for the purposes of the Act with effect from such date as may be specified therein. On receipt of such advice, the Government may issue a notification to this effect:
Provided that the date so specified in the notification shall not be earlier than three months from the date of publication of the said notification.
(2) Every notification shall, in addition to its publication in the Government Gazette, be published in at least one daily regional language newspaper having wide circulation in the State and also be served in such manner as the Government may think fit and all or any of the following modes
(1) Any user of ground water desiring to sink a well in the notified area for any purpose, either on personal or community basis, shall apply to the prescribed authority for grant of a permit for this purpose, and shall not proceed with any activity connected with such sinking unless a permit has been granted by such authority:
Provided that such user shall not have to obtain a permit if the well is proposed to be fitted with a hand operated manual pump or water is proposed to be withdrawn by manual devices.
(2) Every application under sub-section (1) shall be made in such form and shall contain such particulars as may be specified.
(3) On receipt of an application under sub-section (1) if the prescribed authority is satisfied that it shall not be against public interest to do so, it may, subj
(1) Every person or agency desiring to sink a well shall—
(a) inform the prescribed authority by at least 15 days prior notice in writing about his intension to do so;
(b) erect a signboard on commencement of work near the well site indicating complete address of the user agency or the owner of the well and the drilling agency employed to sink the well;
(c) erect barbed wire fencing or any other suitable barrier around the well during execution of work;
(d) construct a concrete platform measuring 0.5 x 0.5 x 0.6 metre (0.3 metre below ground level and 0.3 metre above ground level) around the well casing;
(e) cap the well assembly by welding steel plates or with nuts and bolts.
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(1) Every existing user of ground water in the areas notified under sub-section (1) of section 111, shall within a period of one hundred twenty days from the date of notification, apply to the prescribed authority for grant of a Certificate of Registration recognizing its existing use in such form and in such manner as may be prescribed:
Provided that the prescribed authority may entertain any such application after the expiry of the said period of one hundred twenty days, if it is satisfied that the user was prevented by sufficient cause from submitting application in time:
Provided further that the existing user shall not be required to apply for registration if the existing well is fitted with a hand operated manual pump or water is withdrawn by manual device.
(2) The details to be furnishe
From the commencement of the Act, all wells sunk in the State shall be registered including the wells in the areas not notified under sub-section (1) of section 111, except those excluded under clause (zzj) of section 2 or brought to the notice of prescribed authority.
(1) Every drilling agency, whether owned by the Government or any local body or a private individual, shall register itself with the prescribed authority in such manner as may be prescribed.
(2) Every owner or operator of a drilling agency shall follow the instructions issued by the prescribed authority from time to time.
At any time after a permit or Certificate of Registration, as the case may be, is granted, the prescribed authority may, for technical reasons, alter, amend or van the terms of the permit or Certificate of Registration, as the case may be:
Provided the user of ground water shall be given an opportunity of being I ward before issuance of any such order:
Provided further that before taking such action, the prescribed authority shall ensure that the standing crops are not damaged.
If the prescribed authority is satisfied either on a reference made to it in this behalf or otherwise, that—
(a) the holder of a permit or Certificate of Registration granted, under sub-section (3) of section 112, or sub-section (3) of section 114, has, without reasonable cause, failed to comply with the conditions subject to which the permit or Certificate of Registration has been granted or has contravened any of the provisions of the Act or the rules made thereunder; or
(b) a situation has arisen which warrants limiting the use or extraction of ground water,
it may, without prejudice to any other penalty to which the holder of the permit or of the Certificate of Registration may be liable under the Act, after giving such holder an opportunity to show cause, cancel, alter or modify the permi
(1) The prescribed authority or any person authorized by it in writing in this behalf, shall have the power to —
(a) enter on any property (private or government owned) with the right to investigate and make any measurements concerning the land or the water located on surface or underground;
(b) inspect the well which has been or is being sunk and the soils and other materials excavated therefrom;
(c) take specimen of such soils or other materials or of water extracted from such wells;
(d) require by order in writing the persons sinking a well to keep and preserve in the prescribed manner specimens of soils or any material excavated therefrom for such period not exceeding three months from the date of completion or abandonment of the work, as maybe
(1) Every order issued under sub-section (1) of section 119 shall be served —
(a) by giving or tendering the order or by sending it by post to the user for whom it is intended; or
(b) if such user cannot be found,—
(i) by affixing the order on some conspicuous part of his last known place of residence or place of business; or
(ii) by giving or tendering the order to some adult male member of his family; or
(iii) by causing it to be affixed on some conspicuous part of the land or building in which the well is being sunk.
(2) Where the person on whom an order or a notice is to be served is a minor, service upon his guardian in the manner provided in sub-section (
No person shall be entitled to claim any damages or compensation from the Government for any loss sustained by him by virtue of any action taken by any authority under the Act.
(1) The authority may advise the Government about measures for replenishment of ground water which may include, but shall not be restricted to, the following:—
(a) identification of areas worthy of ground water recharge;
(b) strategy for promoting rain water harvesting for ground water recharge in urban as well as rural areas;
(c) design of structures considered suitable for rain water harvesting;
(d) identification of areas where the authority feels necessary to make provision of roof top rain water harvesting structures mandatory;
(e) strategy for promotion of mass awareness and training programmes on rain water harvesting and recharge to ground water.
(2) Th
(1) Any person aggrieved by a decision or action of the prescribed authority under sub-section (3) of section 112 or sub-section (3) of section 114 or sections 117 to 119 may, within a period of thirty days from the date on which the action is taken or the decision is communicated to him and on payment of such fees as may be prescribed, prefer an appeal before the authority:
Provided that the authority may entertain an appeal after the expiry of the said period of thirty days, if it is satisfied that the applicant was prevented by sufficient cause from filing the appeal in time.
(2) On receipt of any appeal under sub-section (1), the authority shall after giving the appellant an opportunity of being heard, dispose of the appeal as expeditiously as possible.
(1) The prescribed authority shall install or cause to be installed flow meters within the premises of user of water supply or at the location of every user or licensee or at such other place where the prescribed authority deems fit for purposes of measuring the supply of water and taking account of the water supplied to such user or licensee.
(2) The prescribed authority may either install or, require a user or a licensee to install a flow meter as per the specifications approved by the prescribed authority at his premises or at his location or at such other place as the prescribed authority may direct and thereafter adjust the expenditure incurred by such user or licensee on such installation towards the water user charges payable by such user or the licensee.
No person shall wilfully injure or cause to be injured, any meter or any of the fittings of any meter.
(1) No person shall fraudulently or dishonestly—
(a) alter the index of any meter, or prevent any meter from recording the actual quantity of water supplied; or
(b) extract or use water before it has been recorded by a meter set up for the purpose of recording the same; or
(c) tamper a meter, install or use a tampered meter; or
(d) use any other device or method which interferes with accurate or proper registration, calibration or metering of water supplied; or
(e) do anything which results in any manner whereby water is stolen or wasted.
(2) Where there has been any such alteration, prevention, extraction or use, the existence of artificial means under the con
The prescribed authority may authorize any person to take reading of a meter installed in any premises where water is supplied or utilized under the Act.
(1) The Authority shall determine and fix the charges for—
(a) supply of water to a consumer from any water supply scheme for domestic purposes;
(b) supply of water to, or use of water by, a consumer from any irrigation scheme or any water source for irrigation purposes;
(c) supply of water to a consumer for commercial and industrial purposes;
(d) supply of water to, or use of water by, a licensee under Chapter VI; and
(e) exploration and exploitation of ground water by a consumer or a licensee.
(2) The water usage charges fixed under sub-section (1) shall be reviewed by the authority after every three years.
(3) The
(1) No licensee who directly or indirectly trades in water or supplies water to users on commercial basis shall charge from any user, water usage charges on rates higher than the rates fixed by the authority under section 128.
(2) If a licensee charges a price for supply of water exceeding the water usage charges fixed by the authority under section 128, the excess amount so charged by him along with 50% thereof as penalty shall be recovered by the prescribed authority from such licensee.
The prescribed authority shall recover water user charges as per the rates fixed by the authority from every user or licensee whenever
(a) water is supplied or made available or used for purposes of irrigation, drinking or for any other purpose from any irrigation work or water supply scheme being run or maintained by the Government; or
(b) water is used by a consumer from any water source for irrigation purposes; or
(c) water is supplied or made available or used by a licensee for generation of electricity, irrigation of land, drinking purposes (domestic, commercial, industrial, institutional), running of water mills, exploration of ground water or for trading in any way directly or indirectly in water.
(1) The Assistant Executive Engineer concerned shall prepare the assessment of water usage charges in respect of water supplied to, or used by, a user or a licensee and serve such assessment on such user or the licensee for payment of the assessed charges.
(2) If a user or licensee is not satisfied with the assessment of water usage charges made under sub-section (1), he may apply to the concerned Executive Engineer for re-assessment within a period of 15 days from the date of service of assessment order under sub-section (1).
(3) The concerned Executive Engineer may either accept the request for re-assessment and have the charges re-assessed or reject the request for re-assessment.
(4) The order passed by the concerned Executive Engineer under sub-section (3) shall be final.
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If any user or licensee fails to pay water usage charges due from him, the Assistant Executive Engineer may, after giving not less than 15 days clear notice in writing to such user or licensee to clear the outstanding charges and without prejudice to recover such charges, cut off the supply to such user or licensee until such charges, together with any expenses incurred on cutting off and re-connecting the supply, are paid:
Provided that where the licensee is engaged in trade of water for commercial purposes or for generation of electricity and makes a default in the payment of water charges, the Assistant Executive Engineer may, with the approval of Executive Engineer, recommend to the District Magistrate concerned for disconnecting or stopping the supply of water to such licensee until such charges, together with any expenses incurred on cutting off and re-connecting the supply,
The Assistant Executive Engineer, may cut off the supply of any premises, area, unit or a licensee on any one of the following grounds, namely:—
(a) if, after the receipt of a written notice from the Assistant Executive Engineer requiring him to refrain from so doing, the owner or occupier of the premises or unit, or the user or the licensee continues to use the water or permit the same to be used in contravention of the provisions of the Act or the rules; or
(b) if any pipe, tap, fitting connected with the supply of water to the premises, area or unit be found, on inspection by an officer authorised in this behalf, to be out of repair to such an extent as to cause so serious a waste or contamination of water that in the opinion of the Assistant Executive Engineer immediate stoppage of water supply is necessary; or
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When the supply has been cut off or turned off under section 132 or section 133, the Assistant Executive Engineer may recommend to the Executive Engineer concerned or the District Magistrate, as the case may be, that the supply of water to the premises, area, unit or the user or the licensee be restored on payment of the outstanding charges or on rectification or repair of any tap, pipe or fitting causing any damage, leakage or resulting in contamination or wastage of water or damage to public street, as the case may be, and on payment of such charges or fee for such restoration, as he may think reasonable and justified.
Any person aggrieved by an order or any action made or taken under section 132 or section 133 may prefer an appeal within a period of 30 days from the date of such order or action to the prescribed authority who after hearing the parties shall pass such order as it may deem proper and the decision of the prescribed authority shall be final.
Where the supply of water is used by joint owners, occupiers or beneficiaries of a premises or a unit, the water usage charges shall be payable by such owners, occupiers or beneficiaries, in proportion to the use of such water by each individual owner, occupier or beneficiaries to be determined by the assessing authority at the time of making assessment whose assessment in this behalf shall be final.
(1) If at any time the Government considers that a user or a licensee is augmenting the activities of the Government in the delivery of essential services to the general public, it may, by an order and after consulting the authority, grant incentives to such user or licensee by way of exempting or subsidising the water usage charges payable by such user or licensee for use of the water or otherwise.
(1) The authority shall specify the water usage code to provide for recovery of water usage charges, intervals for billing of charges, disconnection of supply of water for non-payment thereof, restoration of supply of water, measures for preventing tampering, distress or damage to meters, entry of authorised person for disconnecting the supply or maintaining of plant or meter and such other matters.
(1) The Government may, within three months from the date of commencement of the Act, by notification, establish an authority to be known as the 'State Water Resources Regulatory Authority' to exercise the powers conferred on, and to discharge the functions assigned to, it under the Act:
Provided that till the authority is established under this sub-section, the Administrative Secretary, PHE, Irrigation and Flood Control may exercise the powers and discharge the functions of the authority under the Act.
(2) The authority established under sub-section (1) shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by the said name, sue or be sued.
(3) T
(1) The Chairperson shall be appointed from amongst persons who are holding or have held a post not below the rank of Principal Secretary to Government and have adequate knowledge of, or experience in, or have shown capacity in dealing with, problems relating to engineering, finance, commerce, economics, law, admin-istration or management.
(2) The Members of the authority shall be persons of ability, integrity and standing who have adequate knowledge of, or experience in, or have shown capacity in dealing with, problems relating to engineering, finance, commerce, economics, law or management:
Provided that at least one Member shall be from amongst the persons who are holding or have held a post not below the rank of Chief Engineer and having qualification and experience in the field of Hydraulic Engineering.
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(1) The Government shall, for the purposes of selecting the Chairperson and Members of the authority, constitute a select committee consisting of—
| (a) | Chief Secretary | (1) The Chairperson and other Members shall hold office for a term of three years from the date they enter upon their office: Provided that no Chairperson or Member shall hold office after he has attained the age of 65 years. (2) The salary, allowances and other terms and conditions of service of the Chairperson and the Members shall be such as may be prescribed: Provided that the salary, allowances and other terms and condition of service of the Chairperson and the Members shall not be varied to their disadvantage after appointment. (3) The Chairperson and Members shall, before entering upon their office, make and subscribe to an oath of office and secrecy in such form and in such manner and before such authority as may be prescribed. &nbs |
(1) The Chairperson and Members shall not be removed from office except in accordance with the provisions of this section.
(2) The Government may, by order, remove from office the Chairperson or any Member, if he—
(a) has been adjudged as insolvent; or
(b) has been convicted of an offence which in the opinion of the Government involves moral turpitude; or
(c) has become physically or mentally incapable of acting as such; or
(d) has acquired such financial or other interest as is likely to affect prejudicially his function in the authority; or
(e) has so abused his position as to render his continuance in office prejudicial to the public interest; or
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(1) The Authority shall have a Secretary to exercise such powers and perform such duties under the control of the Chairperson, as may be prescribed.
(2) The Secretary shall be appointed by the Government.
(3) The number, nature and categories of other officers and employees required to assist the authority in discharge of its functions shall be such as may be prescribed.
(4) The salaries and allowances payable to, and other terms and conditions of the service of the Secretary, officers and other employees shall be such as may be prescribed.
(5) The authority may appoint consultants required to assist the authority in the discharge of its functions on the terms and conditions as may be prescribed.
(1) The authority shall discharge the following functions, namely:—
(a) determine the entitlement and distribution for various categories of use of water within each category and the terms and conditions of distribution or allocation;
(b) enforce the decisions and orders issued under the Act;
(c) fix the priority for equitable distribution of water available at the resource, project, sub-basin and river basin levels during periods of scarcity;
(d) establish a water tariff system and fix the water usage charges for use of water on account of
(i) drinking purposes (domestic, commercial and industrial);
(ii) irrigation of land;
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(1) The authority shall for the purposes of making any inquiry or initiating any proceedings under the Act, have the same powers as are vested in a Civil Court, under the Code of Civil procedure, Samvat 1977, in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any witness and examining him on oath;
(b) discovery and production of any document or other material object capable of being produced as evidence;
(c) receiving of evidence on affidavits;
(d) requisition of any public record;
(e) issuing commission for examination of witnesses;
(f) reviewing its decisions, directions and orders;
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All proceedings before the authority shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the State Ranbir Penal Code and the authority shall be deemed to be a Civil Court for the purposes of sections 480 and 482 of the Code of Criminal Procedure, Samvat 1989.
The authority or any officer, not below the rank of Gazetted Officer specially authorized in this behalf by the authority, may enter any building or place where the authority has reason to believe that any document relating to the subject matter of the inquiry may be found, and may seize any such document or take extracts of copies therefrom subject to the provisions of section 102 of the Code of Criminal Procedure, Samvat 1989, in so far as it may be applicable.
The authority may, by general or special order in writing, delegate to the Chairman, any Member, Secretary, officer of the authority or any other person subject to such conditions, if any, as may be specified in the order, such of its powers and functions under the Act, except the powers to adjudicate disputes under clause (f) of sub-section (1) of section 145 and the powers to make regulations under section 197 as it may deem necessary.
(1) Any person aggrieved by any decision or order of the authority may file an appeal to the High Court.
(2) An appeal under sub-section (1) shall be preferred within sixty days from the date of communication of the decision or order of the authority to the person aggrieved by such decision or order.
(1) If upon an inspection of any place or premises or any equipment, gadget, machine or device found connected or used, or any records maintained by any person, the assessing officer comes to the conclusion that such person is indulging in unauthorized use of water, he shall provisionally assess to the best of his judgment the water charges payable by such person or by any other person benefited by such use.
(2) The order of provisional assessment shall be served upon the person in occupation or possession or In-charge of the place or premises in such manner as may be prescribed.
(3) The person, on whom an order has been served under sub-section (2), shall be entitled to file objections, if any, against the provisional assessment before the assessing officer, who may, after affording a reasonable opportunity of hearing to such person, pa
(1) Any person aggrieved by the final assessment order made under section 151 may, within thirty days of the said order, prefer an appeal in such form, verified in such manner and be accompanied by such fee as may be specified by the authority, to the Executive Engineer concerned who shall be the appellate authority.
(2) No appeal against an order of assessment under sub-section (1) shall be entertained unless an amount equal to one-half of the assessed amount has been deposited by the person aggrieved in cash or by way of bank draft with the concerned department or the licensee and documentary evidence of such deposit has been enclosed along with the appeal.
(3) The appellate authority referred to in sub-section (1) shall dispose of the appeal after hearing the parties and pass appropriate order and send copy of the order to the assessi
(1) The authority may, on being satisfied that a user or a licensee has failed to comply with any of the conditions of authorisation, permit or license or such user or licensee has failed to comply with any of the provisions of the Act or the rules or regulation made thereunder, at any time, by order in writing, direct any person or agency (hereafter in this section referred to as 'investigating authority') specified in the order to investigate the affairs of any user or licensee and to report to the authority on any investigation made by such investigating authority:
Provided that the investigating authority may, wherever necessary, employ any auditor or any other person for the purpose of assisting him in any investigation under this section.
(2) Notwithstanding anything to the contrary contained in section 235 of the Companies Act, 19
(1) Where the authority, on the basis of material in its possession, is satisfied that a user or a licensee is contravening, or is likely to contravene, any of the conditions mentioned in his authorisation, permit or licence or the user or licensee has contravened or is likely to contravene any of the provisions of the Act, it shall, by an order, give such directions as may be necessary for the purpose of securing compliance with that condition or provision.
(2) While giving direction under sub-section (1), the authority shall have due regard to the extent to which any person has sustained, or is likely to sustain, loss or damage due to such contravention.
The authority, before issuing any direction under section 154, shall—
(a) serve the notice in the manner as may be specified to the concerned user or the licensee;
(b) publish the notice in the manner as may be specified for the purpose of bringing the matter to the attention of persons affected or likely to be affected;
(c) consider suggestions and objections from the concerned user or the licensee and the persons affected or likely to be affected.
(1) Whoever
(a) obstructs or encroaches upon any irrigation or hydraulic work;
(b) damages, alters, injures any irrigation or hydraulic work;
(c) interferes with, increases or decreases the level of, supply of water in or the flow of water from any irrigation or hydraulic work;
(d) interferes with, or alters the flow, of water in any water source so as to endanger, damage or render less useful any irrigation or hydraulic work;
(e) obstructs tapping source of water;
(f) disposes off house sewage or other house hold waste into any water source;
(g) lifts water from any water source for use in a brick kiln or any other
(1) When any person is convicted for any offence mentioned in clauses (a) to (l) of sub-section (1) of section 156, the Assistant Executive Engineer concerned may, by order, direct the said person to remove the obstruction, or repair the damage, or replace or repair the land mark, level mark or water gauge, in respect of which he has been convicted within a period to be fixed in such order.
(2) If such person neglects or refuses to obey the order issued under sub-section (1) within the period so fixed, the Assistant Executive Engineer may carry out the work in accordance with such order and the cost thereof shall be recoverable from such person as arrears of land revenue.
An Assistant Executive Engineer In-charge of any irrigation work, may take any person into custody without a warrant, and shall without unnecessary delay take him to a Judicial Magistrate, or in his absence, to the nearest police station, if such person in his opinion—
(a) wilfully damages, alters, enlarges or obstructs any irrigation work;
(b) without proper authority, interferes with the supply or flow of water, in or from any irrigation work so as to endanger, damage or render such irrigation work less useful; or
(c) obstructs tapping source of water in any water source.
(1) Whoever dishonestly—
(a) tapes, makes or causes to be made any connection with underground or underwater lines or service facilities of the Government or the licensee or supplier, as the case may be;
(b) takes or makes any illegal water connection;
(c) tampers a flow meter, installs or uses a tampered meter reversing connection or any other device or method which interferes with proper and accurate registration and account of water used, or which results in theft or wastage of water;
(d) damages or destroys a flow meter, apparatus, equipment or wire which interferes with the proper or accurate metering of water usage;
(e) uses water through a tampered meter;
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(1) Whoever, dishonestly,—
(a) cuts or removes or takes away or transfers any material or meter from any installation or place of installation or any other place, or site where it may be rightfully or lawfully stored, deposited, kept, stocked, situated or located including during transportation, without the consent of the concerned officer of the department or the owner or the licensee, as the case may be, whether or not the act is done for profit or gain;
(b) stores, possesses or otherwise keeps in his premises, custody or control, any material or meter without the consent of its owner, whether or not the act is committed for profit or gain;
(c) loads, carries or moves from one place to another any material or meter without the consent of its owner, whether or not the act is done for profit o
Whoever, dishonestly, receives any stolen material knowing or having reasons to believe the same to be stolen property, shall be liable, on conviction, to the punishment of imprisonment of either description for a term which may extend to three years, or fine which may extend to rupees ten thousand, or with both.
(1) whoever,—
(a) unauthorizedly connects any utility or apparatus with any pipe line or feeder canal through which water is supplied by a licensee or disconnects the same from any such pipe line;
(b) unauthorizedly reconnects any utility or apparatus with any pipe line or feeder canal or other works being the property of a licensee when the said line or other works has or have been cut or disconnected;
(c) lays or causes to be laid, or connects up any works for the purpose of communicating with any other works belonging to a licensee; or
(d) maliciously injures any utility or apparatus belonging to a licensee or wilfully or fraudulently alters the parameters or apparatus or prevents any such utility or apparatus from duly registering the usage of w
Whosoever, negligently breaks, injures, throws down or damages any material connected with the supply of water shall be liable, on conviction, to punishment of fine which may extend to five thousand rupees, besides recovery of cost of restoration thereof.
Whoever maliciously causes water to be wasted or diverted or with intent to cut off the supply of water, cuts or injuries, or attempts to cut or injure, any water supply line or feeder canal or works shall be liable to punishment of fine may extend to ten thousand rupees, besides recovery of cost of restoration thereof.
Whoever, maliciously damage a Public Stand Post (PSP) shall be liable, on conviction, to punishment of fine which may extend to two thousand rupees, besides recovery of cost of restoration of such post.
Whoever, fails to comply with any order or direction given under the Act, within such time as may be specified in the said order or direction, or contravenes or attempts or abets the contravention of any of the provisions of the Act or any rule or regulation, shall be liable, on conviction, to punishment of imprisonment for a term which may extend to three months, or fine which may extend up to rupees one lath in case of dams and up to rupees thirty thousand in other cases in respect of each offence, or with both and in case of a continuing failure, with an additional fine which may extend to five thousand rupees for everyday during which the failure continues after conviction of the first such offence.
Whoever,—
(a) sinks a well in notified areas without a permit;
(b) obstructs the authority or any other employee authorized by it to exercise any of the powers under the Act;
(c) fails to comply with the requisition made under the provisions of the Act;
(d) having been required to furnish any information wilfully refuses, or without lawful excuse neglects, to furnish such information;
(e) wilfully furnishes or causes to be furnished any information or return which he knows to be false; or
(f) contravenes the provisions of section 113,
shall be liable, on conviction, to punishment of
&
Whoever,—
(a) removes or otherwise interferes with the bed material in or from any water source;
(b) cuts through or attempts to cut through any public embankment or opens any sluice, watercourse, drain, through an embankment or stops any opening made by the department;
(c) plies vehicle on the embankments;
(d) constructs any work around any water source likely to change the behaviour of the flow of water;
(e) extracts any bed material without taking prior permission in writing from the authority competent to grant such permission with respect to quantity and the location;
(f) constructs any building, railing, platforms on the slopes of an embankment;
(1) If the person committing an offence under the Act is a company, the company as well as every person In-charge of, and responsible to the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under the Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attribut
Without prejudice to any penalty or fine which may be imposed or prosecution proceeding which may be initiated under the Act or any other law for the time being in force, if any officer or other employee of the Government or the licensee enters into or acquiesces in any agreement to do, abstains from doing, permits, conceals or connives at any act or thing whereby any theft of utility is committed, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to rupees thirty thousand, or with both.
Whoever abets an offence punishable under the Act shall notwithstanding anything contained in the State Ranbir Penal Code, be liable, on conviction, to the punishment provided for the offence under the Act.
No court shall take cognizance of any offence punishable under the Act except upon a complaint in writing made by the Government or any of its officers or the authority, as the case may be, for this purpose:
Provided that the court may also take cognizance of an offence punishable under the Act upon a report of a police officer filed under section 173 of the Code of Criminal Procedure, Samvat 1989.
Nothing contained in the Act shall prevent the prosecution of any person under any other law for the time being in force in the State for any act or omission punishable under such other law.
If any complaint is filed before the authority that any person has contravened any provisions of the Act, or if the authority is satisfied that any person has contravened any of the provisions of the Act or the rules or regulations or any direction issued by the authority has not been complied with, the authority may after giving such person an opportunity of being heard in the matter, by order in writing, direct that, without prejudice to any other penalty to which he may be liable under the Act, such person shall pay, by way of penalty, such amount which shall not exceed one lakh rupees for each contravention in case of dams and which shall not exceed rupees twenty thousand in other cases, and in case of a continuing failure to pay such penalty, with an additional penalty which may extend to five thousand rupees for everyday from the day such failure commences until he pays such penalty:
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(1) For the purpose of adjudicating under the Act, the authority shall appoint any of its members to be an adjudicating officer for holding an inquiry in such manner as may be prescribed after giving the person concerned a reasonable opportunity of being heard for the purpose of imposing any penalty.
(2) While holding any inquiry, the adjudicating officer shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or produce any document which, in the opinion of the adjudicating officer, may be useful for, or relevant to, the subject-matter of the inquiry, and if, on such inquiry, he is satisfied that the person has failed to comply with any provision of the Act, he may impose such penalty as he thinks fit in accordance with the provisions of the Act.
(3) An
While adjudicating the quantum of penalty under section 175, the adjudicating officer shall have due regard to the following factors, namely:—
(a) the amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the default;
(b) the repetitive nature of the default.
No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an assessing officer referred to in sub-section (3) of section 151 or an appellate authority referred to in sub-section (4) of section 152 or the adjudicating officer appointed under the Act is empowered by or under the Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under the Act.
The penalties imposed under the Act shall be in addition to, and not in derogation of, any liability in respect of payment of compensation or, in the case of a licensee, the revocation of his licence which the offender may have incurred.
For the purpose of investigation of an offence punishable under the Act, a police officer shall have all the powers as provided in Chapter XIV of the Code of Criminal Procedure, Samvat 1989.
Notwithstanding anything contained in the Code of Criminal Procedure, Samvat 1989, an offence punishable under sections 156 and sections 159 to 171 shall be cognizable.
(1) Notwithstanding anything contained in the Code of Criminal Procedure, Samvat 1989, the Government or any officer authorized by it in this behalf may accept from any consumer or licensee or the person who committed any offence punishable under the Act, a sum of money by way of compounding of the offence as specified in the Table below:—
| S. No. | (1) The Government in consultation with the High Court may, for the purposes of providing speedy trial of offences referred to in section 156 and sections 159 to 171, by notification constitute as many Special Courts as may be necessary for such area or areas, as may be specified in the notification. S.183 Review The special Court may, on the petition or otherwise and in order to prevent miscarriage of justice, review its judgement or order but no such review petition shall be entertained except on the ground that it had passed such order under a mistake of fact, ignorance of any material fact or any error apparent on the fact of the record: S.184 Grants and loans by the GovernmentThe Government may, after due appropriation made by State Legislature in this behalf, make to the authority grants and loans of such sums of money as the Government may consider necessary. S.185 Establishment of fund by Government (1) There shall be constituted a fund to be called the State Water Resources Regulatory Authority fund and there shall be credited there to,— S.186 Accounts and Audit of Authority (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 by the Government in consultation with the Controller and Auditor General of India. S.187 Annual report of the Authority (1) The authority shall prepare once every year, in such form and at such time as may be prescribed, an annual report giving a summary of its activities during the previous year and copies of the report shall be forwarded to the Government. S.188 Budget of the AuthorityThe 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, showing the estimate receipts and expenditure of the authority and forward the same to the Government. S.189 Direction by Government (1) In the discharge of its functions, the authority shall be guided by such direction in matters of policy involving public interest as the Government may from time to time give to it in writing. S.190 Protection of action taken in good faithNo suit, prosecution or other proceeding shall lie against the Government or the authority or any officer of the Government, or any Member, officer or other employee of the authority or any public servant for anything done or in good faith purporting to be done under the Act or the rules or regulations. S.191 Members, officers, etc. of the Authority to be public servantsThe Chairperson, Members, officers and other employees of the authority shall be deemed, when acting or purporting to act in pursuance of any of the provisions of the Act, to be public servants within the meaning of section 21 of the State Ranbir Penal Code. S.192 Recovery of water usage charges/penalty payable under the ActAny outstanding amount on account of water usage charges or any penalty payable by a person under the Act, if not paid, may be recovered as if it were in arrears of land revenue. S.193 Services of notices, orders or documents (1) Every notice, order or document by or under the Act, required, or author-ized to be addressed to any person may be served on him by delivering the same after obtaining signed acknowledgement receipt therefor or by registered post or such means of delivery as may be prescribed— S.194 Inconsistency in lawsNothing contained in the Act or any rule or regulation made thereunder or any instrument having effect by virtue of the Act, rule or regulation shall have effect in so far as it is inconsistent with any other provisions of the Jammu and Kashmir Consumer Protection Act, 1987. S.195 Act to have overriding effectSave as otherwise provided in section 194, the provisions of the Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than the Act. S.196 Provisions of the Act to be in addition to and not in derogation of other lawsThe provisions of the Act are in addition to and not in derogation of any other law for the time being in force. S.197 Powers of Government to make rules (1) The Government may, by notification, make rules for carrying out the provisions of the Act. S.199 Rules and regulations to be laid before the State LegislatureEvery rule made by the Government and every regulation made by the authority shall be laid, as soon as may be after it is made, before each House of the State Legislature. S.200 Power to remove difficulties (1) If any difficulty arises in giving effect to the provisions of the Act, the Government may, by order published in the Government Gazette, make such provisions not inconsistent with the provisions of the Act, as may appear to be necessary for removing the difficulty: S.201 Repeal and Saving (1) Save as otherwise provided in the Act, the Water Mills (Jandar and Gharat) Act, Samvat 1989, the Kashmir Valley Embankment Act, Samvat 1992, the Jammu and Kashmir Water Supply Act, 1963 and the Jammu and Kashmir Irrigation Act, 1978 are hereby repealed. |
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