Law Environment and DevelopmentJournal - lead … MAHARASHTRA WATER RESOURCES REGULATORY AUTHORITY ACT, 2005 ACT NO. XVIII OF 2005 An act to provide for the establishment of the Maharashtra

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THE MAHARASHTRA WATER RESOURCES REGULATORY AUTHORITY ACT, 2005

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This document can be cited as‘The Maharashtra Water Resources Regulatory Authority Act, 2005’,

1/1 Law, Environment and Development Journal (2005), p. 80,available at http://www.lead-journal.org/content/05080.pdf

THE MAHARASHTRA WATER RESOURCESREGULATORY AUTHORITY ACT, 2005

TABLE OF CONTENTS

I. Preliminary 82

II. Maharashtra Water Resources Regulatory Authority 84

III. Powers, Functions and Duties of the Authority 87

IV. State Water Planning 91

V. Accounts, Audit and Reports 93

VI. Special Powers of Authority for Removal of Backlog 94as per Governor’s Directives

VII. Miscellaneous 94

THE MAHARASHTRA WATER RESOURCESREGULATORY AUTHORITY ACT, 2005

ACT NO. XVIII OF 2005

An act to provide for the establishment of the Maharashtra WaterResources Regulatory Authority to regulate water resources withinthe State of Maharashtra, facilitate and ensure judicious, equitableand sustainable management, allocation and utilisation of waterresources, fix the rates for use of water for agriculture, industrial,drinking and other purposes, and matters connected therewith orincidental thereto.

WHEREAS it is expedient to make a law to provide forthe establishment of the Maharashtra Water ResourcesRegularity Authority to regulate water resources withinthe State of Maharashtra, facilitate and ensure judicious,equitable and sustainable management, allocation andutilisation of water resources, fix the rates for use ofwater for agriculture, industrial, drinking and otherpurposes, and matters connected therewith or incidentalthereto, for the purposes aforesaid; it is hereby enactedin the Fifty-sixth Year of Republic of India as follows:-

1PRELIMINARY

1. (1) This Act may be called the Maharashtra WaterResources Regulatory Authority Act, 2005.

(2) It extends to the whole of the State of Maharashtra.

(3) It shall come into force on such date as the stateGovernment may, by notification in Official Gazette,appoint, and different dates may be appointedfor different areas and for different sections ofthis Act.

2. (1) In this Act, unless the context otherwise requires-

(a) “Aggregate Bulk Water Entitlement” means anaggregate of Entitlements issued to a group orassociation of Water User Entities for thepurpose of joint management of the Bulk WaterEntitlements;

(b) “allocation” means the portion or percentage ofan Entitlement declared annually or seasonallyby the Prescribed Authority to be made availableto the holder of an Entitlement based upon theavailability of water for the period within thesub-basin, river basin, project or storage facilityfor that season or year; and during water crisisor scarcity on the principle of proportionateentitlement.

(c) “Authority” means the Maharashtra WaterResources Regulatory Authority establishedunder section 3;

(d) “Board” means the State Water Boardconstituted under section 15;

(e) “Bulk Water Entitlement” shall mean thevolumetric entitlement to a share of the surfacewater resources produced by a project, riversystem or storage facility, for a specific categoryor Categories of Use, and deliverable within aspecific period of time as specifically providedin the order granting the Entitlement;

(f) “Category of Use” shall mean use of water fordifferent purposes such as for domestic,agricultural irrigation, agro-based industries,industrial or commercial, environmental, etc., andincludes such other purposes as may be prescribed;

(g) “Chairperson” means the Chairperson of theAuthority;

(h) “Council” means the State Water Councilconstituted under section 16;

(i) “Entitlement” means any authorisation by anyRiver Basin Agency to use the water for thepurposes of this Act;

(j) “Government” or “State Government” meansthe Government of Maharashtra;

(k) “ Governor’s Directives “ means the directivesissued by the Governor under rule 7 of the‘Development Boards for Vidarbha, Marathwadaand the rest of the Maharashtra Order, 1994’made under clause (2) of article 371 of theConstitution of India ;

Law, Environment and Development Journal

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Short title,extent andcommen-

cement.

Definitions.

(l) “Individual Water Entitlement” means anyauthorization by the Authority to use the waterother than Bulk Water Entitlement or anAggregate Bulk Water Entitlement;

(m) “Integrated State Water Plan “ means a waterplan approved by the State Water Council;

(n) “Irrigation Project” means a project constructedto provide irrigation facilities to the land situatedin the command area in accordance with theproject reports and orders in this regard, asrevised from time to time ;

(o) “Member” means a Member of the Authorityand includes the Chairperson;

(p) “prescribed” means prescribed by the rules madeunder this Act;

(q) “Prescribed Authority” means any authority atvarious levels within the water resourcemanagement system that has been dulyauthorised by the Authority to determine anddeclare, on an annual or seasonal basis, the quotaor amount of water available within a systemfor use as an allocated percentage of theEntitlements duly issued by the Authority;

(r) “Project Level Entity” means a group of allWater User Entities, from a common supplysource within a water resources project;

(s) “Quota” means a volumetric quantity of watermade available to an Entitlement holder, whichis derived by multiplying an Entitlement by theannual or seasonal allocation percentage;

(t) “regulations” means regulations made by theAuthority under this Act;

(u) “River Basin Agency” means any one of thefollowing River Basin DevelopmentCorporations operating in the River Basin andincludes the Government Authorities asspecified by the Government, from time totime,-

(1) the Maharashtra Krishna ValleyDevelopment Corporation established underthe Maharashtra Krishna Valley DevelopmentCorporation Act, 1996;

(2) the Vidarbha Irrigation DevelopmentCorporation established under the VidarbhaIrrigation Development Corporation Act,1997;

(3) the Konkan Irrigation DevelopmentCorporation established under the KonkanIrrigation Development Corporation Act,1997;

(4) the Tapi Ir rigation DevelopmentCorporation, established under theMaharashtra Tapi Irrigation DevelopmentCorporation Act, 1997;

(5) the Godavari Marathwada IrrigationDevelopment Corporation established underthe Maharashtra Godavari MarathwadaDevelopment Corporation Act, 1998;

(v) “Selection Committee” means a SelectionCommittee constituted under section 5;

(w) “State” means the State of Maharashtra;

(x) “State Water Policy” means the Water Policy ofthe State ;

(y) “Sub-Basin” means a hydrologic unit orhydrologic sub-unit of a river basin within the State;

(z) “sub-surface entitlement” means an Individualor Bulk Water Entitlement to a volumetricquantity of water to be extracted in thecommand area of the irrigation project from atube well, bore well or other well or by any othermeans of extraction of sub-surface water, or agroup or field or wells duly and legally permitted,registered and constructed in accordance withstandards prescribed by the Authority;

(za) “Utility” means any Water User Entityresponsible for the management, treatment anddistribution of domestic or municipal watersupplies (including water use for Industries);

The Maharashtra Water Resources Regulatory Authority Act, 2005

83

Mah. XVof 1996.

Mah.XXVIof 1997.

Mah. IIIof 1998.

Mah. IVof 1998.

Mah.XXIIIof 1998.

(zb) “Volumetric” means a measurement of wateron the basis of volume as per the norms of theBureau of Indian Standard ;

(zc) “Water User Entity” means any Water User’sAssociation, Utility, Industrial User’sAssociation, Other User’s Association or anyother group (or individual) which is authorisedby the Authority to receive and utilize a waterEntitlement;

(zd) “Water User’s Association” means a WaterUser’s Association formed at the minor levelor above, which represents the users ofirrigation water from that segment of anyproject, canal or natural flow storage system;

(2) Words and expressions used and not defined inthis Act but defined in various irrigation or waterresources related Acts in the State shall have themeanings respectively assigned to them in thoseActs.

2MAHARASHTRA WATER RESOURCESREGULATORY AUTHORITY

3. (1) The State Government shall within three monthsfrom the date of the commencement of this Act,by notification in the Official Gazette, establish anAuthority to be known as the Maharashtra WaterResources Regulatory Authority to exercise thepowers conferred on, and to perform the functionsand duties assigned to it, under this 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 contract, acquire, hold and disposeof property, both movable and immovable, and todo all things necessary for the purposes of this Act,and may sue or be sued by its corporate name.

(3) The head office of the Authority shall be atMumbai.

(4) The Authority shall consist of a Chairperson andtwo other Members.

(5) The Chairperson and the other Members of theAuthority shall be appointed by the Governor ofMaharashtra on the recommendation of theSelection Committee constituted under section 5.

4. (1) The Chairperson, the Members and specialinvitees of the Authority shall be appointed asfollows:-

(a) the Chairperson shall be a person who is or whowas of the rank of Chief Secretary or equivalentthereto,

(b) one Member shall be expert from the field ofwater resources engineering,

(c) one Member shall be expert from the field ofwater resources economy,

(d) five special invitees as prescribed one from eachriver Basin Agency area, who are having adequateknowledge, experience or proved capacity indealing with the problems relating to engineering,agricultural, drinking water, industry, law,economics, commerce, finance or managementfor assisting the authority in taking policydecisions.

(2) The Chairperson or any other Member ofthe Authority shall not hold any other office.

5. (1) The State Government shall, by notification inthe Official Gazette, for the purposes of sub-section(5) of section 3, constitute a Selection Committeeconsisting of, -

(a) the Chief Secretary ex-officio President;of the State

(b) the Secretary, Planning ex-officio Member;Department

(c) the Secretary ex-officio Member;(Command AreaDevelopment Authority),Water ResourcesDepartment


84

Establish-ment and

incorpora-tion of

Authority.

Qualificationforappointmento fChairpersonand otherMembers andspecialinvitees ofAuthority.

Constitutionand functionsof SelectionCommittee.

(d) the Secretary, Water ex-officio Member;Conservation Department

(e) the Secretary, Water ex-officio Member;Supply Department

(f) the Secretary, Urban ex-officio Member;Development Department

(g) the Secretary, Energy and ex-officio Member;Environment Department

(h) the Secretary, Agricultural ex-officio Member;Department

(i) the Secretary, Water ex-officio MemberResources Department Secretary.

(2) The Government shall, within one month fromthe date of occurrence of any vacancy by reason ofdeath, resignation or removal of the Chairpersonor any Member, and six months before thesuperannuation or end of tenure of Chairperson orany Member, make a reference to the SelectionCommittee for filling up of the vacancy.

(3) The Selection Committee shall finalise theselection of the Chairperson and Members withinone month from the date on which the reference ismade to it under sub-section (2).

(4) The Selection Committee shall recommend apanel of two names for every vacancy referred to it.

(5) Before recommending any person forappointment as the Chairperson or other Memberof the Authority, the Selection Committee shallsatisfy itself that such person does not have anyfinancial or other interest, which is likely to affectprejudicially his functions as a Member.

(6) No appointment of the Chairperson or otherMember shall be invalid merely by reason of anyvacancy in the Selection Committee.

6. (1) The Chairperson or other Member shall holdoffice for a term of three years from the date onwhich he enters upon his office:

Provided that, the Chairperson or the other membermay be re-appointed but for not more than twoconsecutive terms:

Provided further that, no Chairperson or otherMember shall hold office after he has attained theage of seventy years.

(2) The salary and allowances payable to and theother terms and conditions of service of, theChairperson and other Members shall be such asmay be prescribed.

(3) The salary and allowances and other conditionsof service of the Chairperson and other Membersshall not be varied to their disadvantage afterappointment.

(4) The Chairperson and every Member shall beforeentering upon his office make and subscribe to anoath of office and of secrecy in such form and insuch manner and before such authority as may beprescribed.

(5) Notwithstanding anything contained in sub-section (1), the Chairperson or any Member may,-

(a) relinquish his office by giving in writing to theGovernor notice of not less than three months; or

(b) be removed from his office in accordance withthe provisions of section 7.

(6) The Chairperson or any Member ceasing to holdoffice as such shall,-

(a) not be eligible for further employment underthe Government of Maharashtra for a periodof two years from the date he ceases to holdsuch office;

(b) not accept any commercial employment for aperiod of two years from the date he ceases tohold such office.

Explanation- For the purposes of this sub-section,-

(i) “employment under the Government” includes,employment under any local or other authoritywithin the territory of Maharashtra or under thecontrol of the Government or under anycorporation or society owned or controlled bythe Government.


85

Term of office,salary and

allowances andother conditions

of service ofChairperson and

Members ofAuthority.

8. (1) The Authority may, appoint a Secretary toexercise such powers and perform such duties underthe control of the Chairperson and as may bespecified by regulations.

(2) Authority may, with the prior approval of theGovernment, appoint such number of officers andemployees as it considers necessary for theperformance of its duties and functions.

(3) The salaries and allowances payable to, and otherconditions of service of the Secretary, officers andemployees shall be such as may be determined byregulations.

(4) The Government may, in consultation with theAuthority, appoint any Government officer oremployee on deputation to the Authority.

(5) The period of deputation of any such officer oremployee to the Authority shall be five years exceptwhen any such person is required to be repatriatedon the grounds, such as promotion, reversion,termination or superannuation or any other reasonof deputation, he shall stand repatriated to serviceunder the State Government:

Provided that, during the period of such deputationall matters relating to the pay, leave, allowances,retirement, pension, provident fund and otherconditions of service of the employees ondeputation shall be regulated by the MaharashtraCivil Services Rules or such other rules as may, fromtime to time, be made by the State Government.

(6) No officer or employee on deputation to theAuthority shall be entitled to any deputationallowance.

(7) The salaries and allowances of officers oremployees on deputation to the Authority shall bepaid by the Authority.

(8) Save as otherwise provided in this section, theterms and conditions of services of employees ondeputation to the Authority shall not be lessadvantageous than those applicable to themimmediately before deputation and shall not bevaried to their disadvantage except with the previoussanction of the State Government.

(ii) “commercial employment” means employmentin any capacity under, or agency of, a personengaged in trading, commercial, industrial orfinancial business in the Water Resources Sectorand also includes a director of a company orpartner of a firm and also includes setting uppractice either independently or as partner of afirm or as an adviser or a consultant.

7. (1) Subject to the provisions of sub-section (3), anyMember of the Authority shall be removed from hisoffice by order of the Governor on the ground ofproved misbehavior after the State Government, has,on an inquiry, held in accordance with the procedureprescribed in this behalf, reported that the Member,ought on any such ground to be removed.

(2) The Governor may, during the period of inquiryas specified in sub-section (1), against any Membersuspend such Member, of the Authority.

(3) Notwithstanding anything contained in sub-section (1), the Governor may, by order, remove fromoffice, the Chairperson or any other Member, if theChairperson or such other Member, as the case may be-

(a) has been adjudged an insolvent; or

(b) has been convicted of an offence which, in theopinion of the Government involves moralturpitude; or

(c) has become physically or mentally incapable ofacting as Chairperson or Member; or

(d) has acquired such financial or other interest asis likely to affect prejudicially his function as theChairperson or Member; or

(e) has so abused his position as to render hiscontinuance in office prejudicial to the publicinterest.

(4) Notwithstanding anything contained in sub-section (3), no Member shall be removed from hisoffice on the ground specified in clause (d) or clause(e), unless the Government has, on an inquiry, heldby it in accordance with such procedure as prescribedin this behalf by the Government reported that theMember ought on such ground or grounds to be removed.


86

Removalof

Member.

Power ofGovernmentto deputeofficers andemployees toAuthorityand theirserviceconditions.

(9) The Authority may appoint consultants requiredto assist the Authority in the discharge of itsfunctions on such terms and conditions as may bedetermined by regulations.

9. (1) The Authority shall meet at the head office orany of its offices at such time as the Chairpersonmay direct and shall observe such rules of procedurein regard to the transaction of business at itsmeetings (including the quorum at its meetings) asmay be determined by regulations.

(2) The Chairperson or if he is unable to attend ameeting of the Authority, any other Membernominated by the Chairperson in this behalf and, inthe absence of such nomination or where there isno Chairperson, any Member chosen by theMembers present from among themselves, shallpreside at the meeting.

(3) All questions come up before any meeting ofthe Authority shall be decided by a majority of votesof the Members present and voting, and in the eventof an equality of votes, the Chairperson or theperson presiding shall have the right to exercise asecond or casting vote.

(4) Save as otherwise provided in sub-section (3),every Member shall have one vote.

(5) All orders and decisions of the Authority shallbe authenticated by the Secretary or any other officerof the Authority duly authorised by the Chairpersonin this behalf.

10. No act or proceedings of the Authority shall bequestioned or shall be invalidated merely on theground of existence of any vacancy or defect in theconstitution of the Authority.

3POWERS, FUNCTIONS AND DUTIESOF THE AUTHORITY

11. The Authority shall exercise the following powersand perform the following functions, namely:-

(a) to determine the distribution of Entitlementsfor various Categories of Use and the equitabledistribution of Entitlements of water withineach Category of Use on such terms andconditions as may be prescribed;

(b) to enforce the decision or orders issued underthis Act;

(c) to determine the priority of equitabledistribution of water available at the waterresource project, sub-basin and river basin levelsduring periods of scarcity;

(d) to establish a water tariff system, and to fix thecriteria for water charges at sub-basin, river basinand State level after ascertaining the views ofthe beneficiary public, based on the principle thatthe water charges shall reflect the full recoveryof the cost of the irrigation management,administration, operation and maintenance ofwater resources project ;

(e) to administer and manage interstate waterresources apportionment on river systems, ofthe State;

(f) to review and clear water resources projectsproposed at the sub-basin and river basin levelto ensure that a proposal is in conformity withIntegrated State Water Plan and also with regardto the economic, hydrologic and environmentalviability and where relevant, on the State’sobligations under Tribunals, Agreements, orDecrees involving interstate entitlements:

Provided that, while clearing the new waterresources projects by the concerned forconstruction proposed by River Basin Agencies,the Authority shall ensure that Governor’sDirectives issued from time to time, relating toinvestment priority for removal of regionalimbalance are strictly observed;

Provided further that, in respect of the projectssituated in Maharashtra and Vidarbha Regions,the powers to accord administrative approval orrevised administrative approval, under this clause,shall in accordance with the Governor’s directives,be exercised by the concerned River Basin Agency.


87

Proceedingsof Authority.

Vacancies,etc., not to

invalidateact or

proceeding.

Powers, functionsand duties

of Authority.

(g) to lay down the criteria and monitor the issuanceof Entitlements.

These criteria among others shall also include thefollowing,-

(i) The Entitlements shall be issued by River BasinAgency based on the Category of Use andsubject to the priority assigned to such use underState Water Policy;

(ii) Bulk Water Entitlements shall be issued by theRiver Basin Agency for irrigation water supply,rural water supply, municipal water supply orindustrial water supply to the relevant Water UserEntities including Municipalities, Water User’sAssociations, Industrial Users and State agenciesresponsible for delivery to the respective sectoror to a Sub-surface Water User’s Association orentity that operates a well field of multiple sub-surface water tube wells, bore wells or other wellson behalf of multiple users;

(iii) Bulk Water Entitlements for irrigation, shall beissued by River Basin Agency, to the Water User’sAssociations at the primary unit level,Distributory level and Canal or Project levelAssociations and River Basin Agencies shall notreceive Entitlements but shall act as conveyanceentities for the Entitlements issued to the WaterUser’s Associations;

(iv) Water User Entities including Water User’sAssociations, managing the aggregate ofEntitlements on behalf of a group ofEntitlement holders may be issued an AggregateBulk Entitlement;

(v) Individual Water Entitlements may be issued byRiver Basin Agency only for the constructionand operation of individual lift irrigationschemes from surface water sources, bore-wells,tube wells or other facilities for extraction ofsub-surface water. Such Entitlements shall beadministered, registered, measured andmonitored by the respective River Basin Agencyin close co-ordination with relevant Governmentagencies. Where such facilities extract water fromalluvial aquifers that are conjunctive with thesurface water of a basin, the issuance and


operation of such Entitlements shall beconjunctively co-ordinated with the use and yieldof surface water resources of the basin and shallbe compatible with the overall water resourceplan of the local area and the respective riverbasin and the sustainable use of the sub-surfacewater resources.

(vi) Bulk Water Entitlements shall be for a specificproportion of f low, storage or otherdetermination of the annual yield of a waterresources or facility and the Entitlement shallbe measured volumetrically and with respect totime of delivery and flow rate of delivery;

(vii) The allocation of a percentage of the wateravailable under the Entitlements of each facility,in the drainage basin or river basin shall bedetermined jointly by the River Basin Agenciesand Water User Entities based upon thehydrology and other relevant parameters withregard to the specific basin. This allocation shallbe utilised for the determination of the amountof water to be made available under eachEntitlement for that specific year or runoffseason;

(h) to lay down the criteria for modification inEntitlements for the diversion, storage and useof the surface and subsurface waters of theState. These criteria shall among others, includethe following:-

(i) Aggregate Bulk Water Entitlements will beconsidered as Bulk Water Entitlements underthe provisions of this Act except that they shallnot be a usufructuary right and will only beadjusted by the Authority if there is acompensating change, under the provisions ofthis Act, to any component Bulk WaterEntitlement that comprise part of the AggregateBulk Water Entitlement;

(ii) In the event that any Water User Entitywishes to use its category priority to mandate achange in the use or volume of any Entitlement,that entity must demonstrate in a public hearingbefore the Authority, that it has exhausted allattempts to conserve, increase efficiency andmanage its demand of water within its,

88

Entitlement and has exhausted all opportunitiesto increase its Entitlement through a transferwithin the voluntary, market-based economy. If,after such a public hearing, the Authority deemssuch a mandated transfer, on either an annualor permanent basis, to be legal and necessary inthe interest of the people of the State, theAuthority shall then determine a fair and justcompensation as determined by the market valueof the water resource, to be paid to theEntitlement holder by the entity exercising themandated user category preference;

(i) to fix the criteria for trading of waterEntitlements or Quotas on the annual or seasonalbasis by a water Entitlement holder. These criteriashall among others, include the following,-

(i) Entitlements, except Aggregate Bulk WaterEntitlements, are deemed to be usufructuaryrights which may be transferred, bartered,bought or sold on annual or seasonal basis withina market system and as regulated and controlledby the Authority as established in the rules ofthe Authority;

(ii) Quotas of water determined by the seasonalor annual allocation assigned to an entitlementshall be volumetric usufructuary rights whichmay be transferred, bartered, bought or sold onan annual or seasonal basis within a marketsystem as established and controlled by the rulesof the Authority;

(iii) Bulk Water Entitlements or Quotas shallbe transferable within the respective category ofuse as long as such transfers are compatible withthe operation of the specific water resourcefacilities involved. Such annual transfers shall bemanaged and registered with the respective RiverBasin Agency which shall have the power toapprove or deny such proposed transfers if theyare incompatible with the operation of thefacility or would damage the Entitlements orrights of other users within the system. TheRiver Basin Agency may charge a nominal feefor the processing and registering such transferbut shall not participate in any compensationbetween Entitlement holders as a part of suchtransfer.

(j) Entitlements may be subject to review atintervals of not less than three years and then,only if warranted by concerns about, thesustainability of the level of allocation;

(k) Bulk Water Entitlements shall be registered bythe River Basin Agency and shall be monitoredby the Authority or its duly delegated competentrepresentative;

(l) permanent transfer of Entitlements shall onlybe made with the approval of the respectiveRiver Basin Agency and the Authority and incompliance with the rules of the Authoritypromulgated for this purpose. All approvedtransfers shall be entered into the registry ofEntitlements of the Authority;

(m) in the event of water scarcity, the Authority, incompliance with its policy and rules for allocatingsuch scarcity, shall adjust the quantities of waterto be made available to all Entitlements and shallpermit the temporary transfer of WaterEntitlements between users and Categories ofUsers in accordance with the approval of theRiver Basin Agencies;

(n) to establish regulatory system for the waterresources of the State, including surface and sub-surface waters, to regulate the use of these waters,apportion the Entitlement to the use of the waterof the State between water using categories.;

(o) to establish a system of enforcement, monitoringand measurement of the Entitlements for theuse of water that will ensure that the actual useof water, both in quantity and type of use are incompliance with the Entitlements as issued bythe Authority;

(p) to administer the use and Entitlement of waterresources within the State in a manner consistentwith the State Water Policy to ensure thecompliance of the obligation of State withregard to the apportionment of interstate watersbetween the State and other States;

(q) to promote efficient use of water and tominimize the wastage of water and to fixreasonable use criteria for each Category of Use;


89

(r) to determine and ensure that cross-subsidiesbetween Categories of Use, if any, being givenby the Government are totally offset by stablefunding from such cross-subsidies orGovernment payments to assure that thesustainable operation and maintenance of thewater management and delivery systems withinthe State are not jeopardised in any way;

(s) to develop the State Water Entitlement data basethat shall clearly record all Entitlements issuedfor the use of water within the State, any transfersof Entitlements and a record of deliveries anduses made as a result of those Entitlements;

(t) to facilitate and ensure development,maintenance and dissemination of acomprehensive hydro-meteorological informationdata base in co-operation with the River BasinAgencies;

(u) the Authority shall review and revise, the watercharges after every three years;

(v) The Authority may ensure that the IrrigationStatus Report is published by the Governmentevery year, such report shall contain all statisticaldata relating to irrigation including details inrespect of districtwise irrigation potential createdand its actual utilisation;

(w) such other powers, functions and duties as maybe prescribed.

12. (1) The Authority shall work according to theframework of the State Water Policy.

(2) The Authority shall recognise the policy ofempowering River Basin Agencies in accordancewith the State Water Policy.

(3) The Authority shall, in accordance with the StateWater Policy, co-ordinate with all relevant Stateagencies to implement a comprehensive hydro-meteorological data system for the State.

(4) The Authority shall, in accordance with StateWater Policy, promote and implement sound waterconservation and management practices throughoutthe State.

(5) The Authority shall support and aid theenhancement and preservation of water qualitywithin the State in close coordination with therelevant State Agencies and in doing so the principlethat ‘ the person who pollutes shall pay ‘ shall befollow.

(6) The Authority shall fix the Quota at basin level,sub-basin level or project level on the basis of thefollowing principles :-

(a) for equitable distribution of water in thecommand area of the project, every land holderin the command area shall be given Quota;

(b) the Quota shall be fixed on the basis of the landin the command area:

Provided that, during the water scarcity periodeach landholder shall, as far as possible, be givenQuota adequate to irrigate at least one acre ofland;

(c) in order to share the distress in the river basinof sub-basin equitably, the water stored in thereservoirs in the basin or sub-basin, as the casemay be, shall be controlled by the end of Octoberevery year in such way that, the percentage ofutilizable water, including kharif use, shall, forall reservoirs approximately be the same:

(d) Subject to the condition of efficient use of water,the existing private sector lift irrigationmanagement schemes shall be allowed tocontinue for a period of five years from the dateof commencement of this Act and thereafteron the date that may be specified by theGovernment the provisions of sub-section (4)of section 14 shall apply :

Provided that, having regard to geographicalconditions, different dates may be notified fordifferent areas.

(e) the command area of private lift Irrigationschemes, on the date of commencement of thisAct, shall be treated at par with the commandarea of the irrigation projects;


90

Generalpoliciesof the

Authority.

(7) The Authority shall ensure that the principle of“tail to head” irrigation is implemented by the RiverBasin Agency.

(8) The Authority shall abide by the relevantprovisions of the Maharashtra Ground WaterRegulation (Drinking Water Purposes) Act, 1993.

(9) The Authority shall while framing policy, givepreference to the projects so that, the physicalbacklog forming the basis of the financial backlogbe eradicated in accordance with the Governor’sdirective.

(10) (a) The Authority shall strive to make the wateravailable to the drought prone areas of the State;

(b) The Authority shall ensure that, the funds madeavailable to a drought prone district are spentpreferably in the areas, where irrigation facilitiesare less than the other areas of that district.

(11) Notwithstanding anything contained in this act,a person having more than two children shall berequired to pay one and half times of the normalrates of water charges fixed under clause (d) ofsection 11 of this Act to get entitlement of waterfor the purpose of agriculture under this Act :

Provided that, a person having more than twochildren on the date of commencement of this Act,shall not be required to pay such one and half timeswater charges so long as the number of children hehad on such date of commencement does not increase:

Provided further that, a child or more than one childborn in a single delivery within the period of oneyear from such date of commencement shall not betaken into consideration for the purpose of this sub-section.

Explanation - For the purpose of this sub-section -

(a) Where a couple has only one child on or afterthe date of such commencement, any numberof children born out of a single subsequentdelivery shall be deemed to be one entity;

(b) “child” does not include an adopted child orchildren.;

13 The Authority and the Dispute Resolution Officershall for the purposes of making any inquiry orinitiating any proceedings under this Act, have thepowers as are vested in a civil court, under the Codeof Civil Procedure, 1908 in respect of the followingmatters, namely:-

(a) the summoning and enforcing the attendanceof any witness and examining him on oath;

(b) the discovery and production of any documentor other material object producible as evidence;

(c) the reception of evidence on affidavits;

(d) the requisition of any public record;

(e) the issue of commission for examination ofwitnesses;

(f) review its decisions, directions and orders;

(g) any other matter which may be prescribed.

4STATE WATER PLANNING

14. (1) From the date of commencement of this Act,no person shall use any water from any water sourcewithout obtaining the Entitlement from therespective River Basin Agency :

Provided that, no Entitlement shall be required incase of,-

(a) any bore well, tube well or other wells which arebeing used for domestic purposes; and

(b) tanks, small reservoirs or catchments ofrainwater harvesting with an annual yield capacityas may be decided by the Authority.

Explanation:- For the purposes of this section,the expression “person” shall includes individual,group of individuals, all local authorities,association, societies, companies, etc.


91

Mah.XXVIII of

1993.

Powers ofAuthorityand DisputeResolutionOfficer.

5 of 1908.

Permissionof RiverBasinAgency.

(2) Use of the water for the purposes of agriculture,through any existing well, bore well, tube well in thecommand area of a project on the date ofcommencement of this Act, shall be allowed tocontinue till such date as may be notified by theAuthority.

(3) There shall not be any restriction on digging ofany well, bore well or tube well in the commandarea of a project, till such date as may be notified bythe Authority.

(4) Water shall not be made available from the canalfor perennial crops in such area and from such dateas may be notified by the Authority, unless thecultivator adopts drip irrigation or sprinkledirrigation or such other water saving technologyapproved by the Authority. The quantity of waterso saved, after satisfying the further increaseddemand of drinking water, shall be distributedequitably in the command area and the adjoining area.

15. (1) The State Government shall by notification inthe Official Gazette, constitute a Board to be knownas the State Water Board for the purposes of thisAct.

(2) The Board shall consist of the followingMembers, namely;-

(a) the Chief Secretary ex-officio President;of the State

(b) the Principal Secretary, ex-officio Member;Planning Department

(c) the Principal Secretary, ex-officio Member;Finance Department

(d) the Secretary, Water ex-officio Member;Conservation Department

(e) the Secretary, Water ex-officio Member;Supply Department

(f) the Secretary, Urban ex-officio Member;Development Department

(g) the Secretary, Energy and ex-officio Member;Environment Department

(h) the Secretary, Water ex-officio Member;Resources Department(Command AreaDevelopment Authority)

(i) the Secretary, Agriculture ex-officio Member;Department

(j) Divisional Commissioners ex-officio Member;of all Revenue Division inState

(k) the Secretary, Water ex-officio MemberResources Department Secretary.

(3) The Board shall prepare a draft Integrated StateWater Plan on the basis of basin and sub-basin wisewater plans prepared and submitted by the RiverBasin Agencies.

(4) The Board shall submit its first draft IntegratedState Water Plan to the Council for its approvalwithin six months from the date on which this Actis made applicable in the State.

(5) The Board shall, while preparing the draftIntegrated State Water Plan mentioned in sub-section (3), consider the directives of the State WaterPolicy.

(6) The Board shall meet at such time and place asthe President of the Board may decide and shallfollow such procedure as may be prescribed.

16. (1) The State Government shall, by notification inthe Official Gazette, constitute a Council to be knownas the State Water Council for the purposes of thisAct.

(2) The Council shall consist of the followingMembers, namely:-

(a) the Chief Minister ex-officio President;

(b) the Deputy Chief ex-officioMinister Vice President;

(c) the Minister, ex-officioWater Resources Vice President;


92

StateWater

Board.

StateWaterCouncil.

(d) the Minister, Water ex-officio Member;Resources (Krishna Valleyand Kokan IrrigationDevelopment (Corporation)

(e) the Minister, Agriculture ex-officio Member;

(f) the Minister, Water ex-officio Member;Conservation

(g) the Minister, Water Supply ex-officio Member;

(h) the Minister, Finance ex-officio Member;and Planning

(i) the Minister, Urban ex-officio Member;Development

(j) the Minister, Industries ex-officio Member;

(k) the Minister, Environment ex-officio Member;

(l) the Minister (Representative ex-officio Member;for Marathwada region)

(m) the Minister (Representative ex-officio Member;for Vidarbha region)

(n) the Minister (Representative ex-officio Member;for Rest of Maharashtra)

(o) the State Minister, Water ex-officio Member;Resources Department

(p) the State Minister, Water ex-officio Member;Resources (Krishna Valleyand Kokan IrrigationDevelopment Corporation)

(q) the Secretary, Water ex-officio Member;Resources Department

(r) the Secretary, (Command ex-officio MemberArea Development Secretary.Authority), WaterResources Department.

(3) The Members of the Council at serial numbers (l),(m) and (n) of sub section (2) shall be nominated bythe Chief Minister from among the Cabinet Ministers.

(4) The Council shall approve, with suchmodifications as deemed necessary, the draft of theIntegrated State Water Plan submitted by the Boardwithin a period of six months from the date ofsubmission of draft Integrated State Water Plankeeping in view the directives given by the Governorfor removal of regional imbalance. The water planso approved by the Committee shall become“Integrated State Water Plan”.

(5) The Integrated State Water Plan may be reviewedafter every five years from the date of its approvalby the Council.

(6) The Council shall meet at such time and place asthe President of the Council may decide and shallfollow such procedure as may be prescribed.

5ACCOUNTS, AUDIT AND REPORTS

17. The State Government may, after appropriation dulymade by the State Legislature, by law in this behalf,make such grants and advances to the Authority asit may deem necessary for the performance of itsfunctions and discharge of its duties under this Act;and all grants and advances made shall be on such termsand conditions as the State Government may determine.

18. The Authority shall prepare in such form and at suchtime in each financial year as may be prescribed, itsbudget for the next financial year, showing theestimated receipts and expenditure of the Authorityand forward the same to the Government.

19. (1) The Authority shall maintain proper accountsand other relevant records and prepare an annualstatement of accounts in such form as may beprescribed by the Government in consultation withthe Accountant General.

(2) The accounts of the Authority shall be auditedby the Accountant General at such intervals as maybe specified by him and any expenditure incurredin connection with such audit shall be payable bythe Authority to the Accountant General.

GrantsandadvancestoAuthority.

Budget ofAuthority.

Accountso fAuthority.

93


(3) The Accountant General and any personappointed by him in connection with the audit ofthe accounts of the Authority under this Act shallhave the same rights and privileges and authority inconnection with such audit as the Accountant Generalgenerally has in connection with the audit ofGovernment accounts and, in particular, shall have theright to demand the production of books, accounts,connected vouchers and other documents and papersand to inspect any of the offices of the Authority.

(4) The accounts of the Authority, as certified bythe Accountant General or any other personappointed by him in this behalf, together with theaudit report thereon shall be forwarded annually tothe State Government by the Authority and the StateGovernment shall cause the audit report to be laid,within a period of six months from the date of itsreceipt, before the State Legislature.

20. (1) (a) The Authority shall prepare once every yearin such form, and at such time as may beprescribed, an annual report, giving a summaryof its activities during the previous year andcopies of the report shall be forwarded to theState Government.

(b) Such annual report shall include an Annexurecontaining irrigation backlog of each districtbased on the State average Rabbi equivalentirrigation potential Districtwise sown area,standard Rabbi equivalent irrigation potentialfrom State sector and local sector schemes,percentage of irrigation potential to the sownarea, percentage less than the State average,backlog in Hectare for the latest year for whichthe data is available, and every year thereafter,physical backlog worked out on the basis of Stateaverage and financial backlog based on the latestschedule of rates.

(c) Such report shall also include Annexure showingDistrictwise and Regionwise yearly expenditureincurred on the Irrigation Sector and cumulativefigures upto latest year for which data is availableand every year thereafter.

(d) The details of Annexures at clauses (b) and (c)may be modified in accordance with theGovernor’s directives, from time to time.

(2) A copy of the report received under sub-section(1) shall be laid, within six months, after it is received,before the State Legislature.

6SPECIAL POWERS OF AUTHORITYFOR REMOVAL OF BACKLOG ASPER GOVERNOR’S DIRECTIVES

21 (1) The Authority shall carry out a specialresponsibility in regard to the Districts and Regions,affected by backlog, in irrigation sector as perGovernor’s directives.

(2) For implementing the Governor’s directives theAuthority shall ensure that the manpower availablewith Water Resources Department of theGovernment is used for survey, planning anddetailed design of the projects in backlog affectedareas and new projects are available for constructionin time, for removal of backlog.

7MISCELLANEOUS

22. (1) The Government shall by general or special orderissued in this behalf authorise any competent officeror officers for each River Basin Agency as PrimaryDispute Resolution Officer, to resolve the disputeswith regard to the issuance or delivery of waterEntitlement, under the Act.

(2) The Primary Dispute Resolution Officer shallfollow such procedure as may be prescribed whilehearing the disputes.

(3) Any person aggrieved by an order of the PrimaryDispute Resolution Officer may, within sixty daysfrom the receipt of such order, prefer an appeal tothe Authority :

AnnualReport ofAuthority.

SpecialResponsiblityof Authority.

Disputes andAppeals.

94


Provided that, the Authority may entertain an appealafter the expiry of the said period of sixty days if itis satisfied that the aggrieved person had sufficientcause for not preferring the appeal within the saidperiod of sixty days.

(4) The Authority shall follow such procedure whilehearing the appeals as may be prescribed.

23. (1) The Government may issue to the Authority suchgeneral or special directions in writing in the mattersof policy involving public interest and the Authorityshall be bound to follow and act upon such direction.

(2) If any question arises as to whether any suchdirection relates to a matter of policy involvingpublic interest, the decision of the Governmentthereon shall be final.

24. The Chairperson, Members, officers and otheremployees of the Authority shall be deemed, whenacting or purposing to act in pursuance of any ofthe provisions of this Act or rules or regulationsmade thereunder, to be public servants within themeaning of section 21 of the Indian Penal Code.

25. No Suit, prosecution or other legal proceedings shalllie against the Government or the Authority or anyofficer of Government or any Members, officer orother employees of the Authority for anything doneor purported to have been done in good faith inpursuance of the provisions of this Act or rules orregulations made thereunder.

26. Whoever fails to comply with any order or directiongiven under this Act, within such time as may bespecified in the said order or direction or contravenesor attempts to contravene or abets the contraventionof any of the provisions of this Act or any rules orregulations made thereunder shall be punishable withimprisonment for a term which may extend to sixmonths or with fine, which may extend to ten timesof the annual water charges or, with both in respectof each offence

27. (1) Where an offence under this Act has beencommitted by a company, every person who at thetime, when the offence was committed, was in chargeof, and was responsible to the company for theconduct of the business of the company as well as

the company, shall be deemed to be guilty of theoffence and shall be liable to be proceeded againstand punished accordingly:

Provided that, nothing contained in this sub-sectionshall render any such person liable to anypunishment under this Act if he proves that theoffence was committed without his knowledge orthat he exercised all due diligence to prevent thecommission of such offence.

(2) Notwithstanding anything contained in sub-section(1), where an offence under this Act has beencommitted by a company and it is proved that theoffence has been committed with the consent orconnivance of, or is attributable to any neglect onthe part of, any director, manager, secretary or otherofficer of the company, such director, manager,secretary or other officer shall also be deemed to beguilty of that offence and shall be liable to beproceeded against and punished accordingly.

Explanation,- For the purposes of this section,-

(a) “company” means a body corporate and includesfirm, association of persons or body ofindividuals whether incorporated or not.

(b) “director”, in relation to firm, means a partnerin the firm, and in relation to any association ofpersons or body of individuals, means anymember controlling the affairs thereof.

28 (1) The Authority may, either before or after theinstitution of the proceedings for any offencepunishable under this Act, with the approval of theState Government, accept from any person chargedwith such offence, by way of composition of theoffence, a sum not less than the amount of themaximum fine and not more than double the amountof the maximum fine for the offences punishableby or under this Act.

(2) On payment of such sum as may be determinedby the Authority or the State Government or anyofficer authorised by the State Government undersub-section (1), no further proceedings shall be takenagainst the accused person in respect of the sameoffence, and any proceedings if already taken orinitiated shall stand abated, and the accused person,if in custody, shall be discharged.

Directions byGovernment.

Members,Officers and

other staff ofAuthority to

be publicservants.

Protection ofaction taken in

good faith.

Punishmentfor non

compliance oforders under

this Act.

Offences byCompanies.

Com-poundingo foffences.

95


45 of1860.

29. No Court shall take cognizance of an offencepunishable under this Act except upon a complaint,in writing made by the Authority or by any otherofficer duly authorised by the Authority for thispurpose.

30. (1) The State Government may, by notification inthe Official Gazette, and subject to the condition ofprevious publication, make rules to carry out thepurposes of this Act.

(2) Every rule made under this Act shall be laid, assoon as may be, after it is made, before each Houseof the State Legislature, while in session for a totalperiod of thirty days, which may be comprised inone session or in two or more successive sessions,and if, before the expiry of the session in which it isso laid or the session immediately following, bothHouses agree in making any modification in rule orboth Houses agree that the rule should not be made,and notify their decision to that effect in the OfficialGazette, the rule shall, from the date of publicationof such decision in the Official Gazette, have effectonly in such modified form or be of no effect, asthe case may be; so however, that any suchmodification or annulment shall be without prejudiceto the validity of anything previously done oromitted to be done under that rule.

31. (1) The Authority may, with the previous approvalof the State Government make regulationsconsistent with this Act and the rules madethereunder, for all or any of the matters to beprovided under this Act by regulations and generallyfor all other matters for which provision is, in theopinion of the Authority, necessary for the exerciseof its powers and the discharge of its functionsunder this Act.

(2) Pending making of the regulations by theAuthority with the approval of the StateGovernment, the rules and procedures followed bythe Irrigation Department shall, mutantis mutandis,be followed by the Authority for carrying out itsfunctions.

32. (1) If any difficulty arises in giving effect to theprovisions of this Act, the Government may, asoccasion arises, by an order published in the OfficialGazette, do anything not inconsistent with the

provisions of this Act, which appears to it to benecessary or expedient, for removing the difficulty :

Provided that, no such order shall be made after theexpiry of a period of two years from the date ofcommencement of this Act.

(2) Every order made under sub-section (1) shall belaid, as soon as may be, after it is made, before eachHouse of the State Legislature.

Cogni-zance ofOffence.

Powerso f

Govern-ment to

makerules.

Powers ofAuthority

to makeregulation.

Power toremove

difficulties.

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Law Environment and DevelopmentJournal - lead … MAHARASHTRA WATER RESOURCES REGULATORY AUTHORITY ACT, 2005 ACT NO. XVIII OF 2005 An act to provide for the establishment of the Maharashtra