THE ARUNACHAL PRADESH WATER RESOURCES REGULATORY AUTHORITY ACT, 2006

Short title, extent and Commence- ment. Definitions 198 THE ARUNACHAL PRADESH WATER RESOUBCES REGULATOBY AUTHORITY ACT, 2006 (ACT NO. 15 OF 2006) (Beceived the assent of the Governor on 6th December. 2006) AN ACT to provide for the establishment of the Arunachal Pradesh Water Resources Regulatory Authority to regulate water resources within the state of Arunachal Pradesh, Iacilitale and ensure judicious, equitable and sustainable management, allocation and utilisation of water resources, fix the rates for use ol water lor agriculture, industrial, drinking and other purposes and matters connected therewith or incidental thereto. BE it enacted by the Legislative Assembly ol Arunachal Pradesh in the Fifty-seventh Year of the Republic of lndia as follows : Chapter I Preliminary 1. (1) This Act may be called the Arunachal Pradesh Water Resources Regulatory Authority Act, 2006. (2) lt extends to the whole of the State of Arunachal Pradesh. (3) it shall come into force on such date as the State Government may, by notification in Official Gazette, appoint and different dates may be appointed for different areas and lor different sections ot this Act. 2. (1) ln this Act, unless the context otherwise requires- (4 "Aggregate Bulk Water Entitlement" means an aggregate of Entitlements issued to a group or association of Water User Entities for the purpose ol joint management ol the Bulk Water Entillements ; 199 (b) "Allocation" means the portion or percentage of an Entitlement declared annually or seasonally by the Prescribed Authority to be made available to the holder of an Entitlement based upon the availability of water lor the period within the sub-basin, river basin , proiect or storage facility for that season or year ; and during water crisis or scarcity on the principle of proportionate entitlement. (c) "Authority" means theArunachal Pradesh Water Resources Regulatory Authority established under section 3 ; (d) "Board" means the State Water Board constituted under section 15 ; (e) "Bulk Water Entitlement" shall mean the volumetric entitlement to a share of the surface water resources produced by a project, river system or storage facility, lor a specilic category or Categories of Use, and deliverable within a specif ic period of time as specif ically provided in the order granting the Entitlement ; (I) "Category ot Use" shall mean use oI water lor di{ferent purposes, such as for domestic, agricultural irrigation ; agro-based industries, industrial or commercial, environmental , etc., and includes such other purposes as may be prescribed ; (g) "Chairperson" means lhe Chairperson of the Authority ; (h) "Council" means the State Water Council constituted under section l6 ; (i) "Entitlement" means any authorisation by any river basin agency to use the water for the purposes ot this Act ; (j) "Governmenf' or "State Government" means the Government of Arunachal Pradesh. (k) "Governor" means the Governor of Arunachal Pradesh. 200 (l) "lndividual Water Entitlement" means any authorization by theAuthority to use the water other than Bulk Water Entitlemenl or an Aggregate Bulk Water Entitlement ; (m) "lntegrated State Water Plan " means a water plan approved by the State Water Council ; (n) "lrrigation Project" means a project constructed to provide irrigation lacilities to the land situated in the command area in accordance with the project reports and orders in this regard, as revised lrom time to time ; (o) "Member" means a Member ol theAuthority and includes the Chairperson; (p) "Prescribed" means prescribed by the rules made under this Act; (q) "Prescribed Authority " means any authority at various levels within the water resource managemenl system that has been duly authorised by the Authority to determine and declare, on an annual or seasonal basis, the quota or amount ol water available within a system lor use as an allocated percentage of the entitlements duly issued by the Authority; (r) "Project Level Entily' means a group of all Water User Entities, Irom a common supply source within a water resources project; (s) "Ouota" means a volumetric quantity of water made available to an Entitlement holder, which is derived by multiplying an Entitlement by the annual or seasonal allocation percentage; (t) "Regulations" means regulations made by the Authority under this Act: (u) "River basin Agency" means any River basin Development Corporations operating in the Biver basin or otherwise includes the Government Authorities as specified by the Government, f rom time to time,. (v) "Selection Committee" means a Selection Committee constituted under section 5; 201 (w) "State" means the State ofArunachal Pradesh; (x) "State Water PoLicy" means the Water Policy of the State: (y) "Sub-Basin'means a hydrologic unit or hydrologic sub-unit of a river basin within the State; (z) "Sub-surface entitlement" means an individual or Bulk Water Entitlemenl lo a volumetric quantityol water to be extracted in the command area ol the irrigation project from a tube well, bore well or other well or by any other means of extraction of sub-surface water, or a group or lield or wells duly and legally permitted, registered and constructed in accordance with standards prescribed by the Authority; (za) "Utility" means any Water User Entity responsible forthe management, treatment and distribution of domestic or municipal water supplies (including water use lor Industries); (zb) "Volumetric" means a measurement of water on the basis o{ volume as per the norms of the Bureau of lndaan Standard ; (zc) "Water User Entity" means any Water User's Association, Utility, lndustrial User's Association, other User's Association, or any other group (or individual ) which is authorised by the Authority to receive and utilize a water Entitlement; (zd) 'Water User's Association" means a Water User's Association Iormed at the minor level or above , which represents the users ol irrigation water from that segment ol any project, canal or natural flow storage system; (2) Words and expressions used and not delined in this Act but delined in various irrigation or water resources related Acts in the State shall have the meanings respectively assigned to them ln those Acts. Establishment and incorporation ot Authority. Qualification ,or appoinlment of Chairperson and other Members and special invitees ot Authority. 202 , Chapter ll Arunachal Pradesh Water Resources Regulatory Authority. 3. (1) The State Government shall, within three months trom the dale of the commencement ol thisAct, by notalication in the Off icial Gazette, establish an Authorityto be known as lheArunachal Pradesh Water Resources'Regulatory Authority lo exercise the powers conlerred on, and to perform the functions and 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 dispose ol prop- erty, both movable and immovable , and to do all things necessarylorthe purposes ol thisAct, and may sue or be sued by its corporate name. (3) The Head office ol the Authority shall be at Itanagar. (5) The Chairperson and the other members of the Authority shall be appointed bythe Governor ofArunachal Pradesh on the recommendation of the Selection Com- mrttee conslituted under section 5. 4. (1) The Chairperson, the Members and special invitees of the Authority shall be appointed as follows :- (a) the Chairperson shall be a person who is or who was o, the rank ot Chief Secretary or equivalent thereto, (b) one Member shall be expert lrom the field of water resources englneering. (c) one Member shall be expert from the field of water resources eCOnOmy. (4) The Authority shall consist of a Chairperson and two other Members. 203 (d) five special invitees as prescribed one from each river basin Agency area, who are having adequate knowledge, experience or proved capacity in dealing with the problems relating to Engineering, agricultural, drinking water, industry, law, economics, commerce , linance or management for assisting the authority in taking policy decisions. (2) The Chairperson or any other member of the Authority shall not hold any other otfice. 5. (1) The State Government shall, by notilication in the Ollicial Gazette, for the purposes of sub- section(5) of section 3, constitute a selection Committee consisting of, - (a) the Chiel Secretary Ex-officio President of the state (b) the Secretary, Plann- Ex- oflicio Member ; ing Department. (c) lhe Secretary Hydro- Ex -oflicio Member ; Power Department. (d) the Secretary Public Ex -officio Member ; Health Engineering Department. (e) the Secretary Urban Ex- officio Member ; Development (D the Secretary Ex-olficio Member ; Environment. (g) the Secretary AgricuF Ex-ollicio Member ; tural Department. (h) the Secretary, Water Ex-officio Resources Department. Member Secretary (2) The Government shall, within one month from the date ol occurrence of any vacancy by reason of death, resignation or removal ol the Chairperson or any Member, and six months before the superannuation or end ot tenure of Chairperson or any Member, make a relerence to the Selection Committee for lilling up the vacancy. Constitution and functions of Selection Committee. Term of office, salary and allowances and other conditions of service of Chairperson and Members ofAuthority. 204 (3) The Selection Commlttee shall finalise the selection cl the Chairperson and Members within one month from the date on which the relerence is made to il under sub-section(2). (4) The Selection Committee shall recommend a panel ol two names for every vacancy relerred to it. (5) Before recommending any person for appointment as the Chairperson or other Member of the Authority, the Selection Commiltee shall satisly itself that such person does not have any financial or other interest, which is likely to afiect prejudicially his functions as a Member. (6) No appointment of the Chairperson or other Membershall be invalid merely by reason ol any vacancy in the Selection Committee. 5. (1) The Chairperson or other Member shall hold olfice for a term ol three years lrom the date on which he enters upon his office: Provided that, the Chairperson or the other member may be re-appointed but lor not more than two consecutive terms. Provided further lhat, no Chairperson or other Member shall hold off ice after he has attained the age of seventy years. (2) The salary and allowances payable to and the otherterms and condilions of service of, the Chairperson and other Members shall be such as may be prescribed. (3) The Salary and allowances and other conditions ol service of the Chairperson and other Members shall not be varied to their disadvantage after appointment. (4) The Chairperson and every Membershall before entering upon his office make and subscribe to an oath of ofrice and of secrecy in such lorm and in such manner and before such authority as may be prescribed. 205 (5) Notwithstanding anything contained in sub- section (1 ), the Chairperson or any Member may, - (a) relinquish his otfice by giving in writing to the Governor notice of not less than three months; or (b) be removed from his otfice in accordance with the provisions under section 7. (6) The Chairperson or any Member ceasing to hold office as such shall, - (a) not be eligible for f urther employment under the Govemment ofArunachal Pradesh for a period of two years lrom the date he ceases to hold such otf ice ; (b) not accept any commercial employment for a period of two years from the date he ceases to hold such office. Explanatlon - For the purposes ol this sub-section, - (i) "employment under the Government" includes, employment under any local or other authority within the territory of Arunachal Pradesh or under the control of the Govemment or under any corporation or society owned or controlled by the Govemment. (ii)"commercial employment" means employment in any capacity under, or agency of, a person engaged in trading, commercial, industrial or financial business in the Water Resources Sector and also includes a director of a company or partner of afirm and also includes settlng up practice eilher independently or as partner ol a lirm or as an adviser or a consultant. 7. (1) Subject to the provisions of sub-section (3), any Member of the Authority shall be removed lrom his office by order of the Governor on the ground ol proved misbehavior after the State Govemment has, on an inquiry held in accordance with the procedure prescribed in this behalf, reported that the Member, ought on any such ground to be removed. Bemovalol Member. 206 (2) The Governor may, during the period of inquiry as specified in sub-section (1), against any l/ember suspend such Member ol the Authority. (3) Notwithstanding anything contained in sub- section (1 ) the Governor may, by order, remove from otfice, the Chairperson or any other Member, if the Chairperson or such other Member, as the case may be- (c) has been adjudged an insolvent;or has been convicted o{ an offence which, in the opinion ol the Government involves moral turpitude; or has become physically or mentally incapable of acling as Chairperson or Member: or has acquired such financial or other interest as is likely to affect prejudicially his lunction as the Chairperson or Member; or (d) (4) Notwithstanding anything contained in sub- section (3), no Member shall be removed f rom his otlice on the ground specified in clause (d) or clause (e), unless the Government has, on an inquiry , held by it in accordance with such procedure as prescribed in this behalf bythe Govemment reported that the Memberought on such ground or grounds to be removed. 8. ('1) The Authority may, appoint a Secretary to exerclse such powers and perform such duties under the control of the Chairperson and as may be specilled by regulations. (2) Authority may, with the prior approval ot the Governmenl appoint such number of oflicers and employees as it considers necessary for the performance of its duties and Iunctions. (a) (b) Power of Government to depute officers and employees to Authority and their service conditions. (e) has so abused his position as to render his continuance in office prejudicial to the public interest. 207 (3) The salaries and allowances payable to, and other conditions ol service of the Secretary, otficers and employees shall be such as may be determined by regulations. (4) The Government may, in consultation with the Authority, appoint any Government off icer or employee on deputation to the Authority. (5) The period of deputation oF any such otficer or employee to the Authority shall be five years except when any such person is required to be repatriated on the grounds, such as promolion, reversion, termination or superannualion or any olher reason ol depulalion, he shall stand repatriated to service under the State Govemment. Provided thal, during lhe period of such deputation, all matters relating to the pay, leave, allowances, retirement, pension, provident Iund and other conditions ol service o, the employees on deputation shall be regulated bylheArunachal Pradesh Civil Services Flules or such other rules as may , f rom time to time, be made by the State Government. (6) No oflicer or employee on deputation to the Authority shall be entitled to any deputation allowance. (7) The salaraes and allowances of officers or employees on deputation to theAuthority shall be paid by the Authority. (8) Save as otherwise provided in this section, the terms and conditions of services of employees on deputation to lhe Authority shall not be less advantageous than those applicable to them immediately belore deputation and shall not be varied to their disadvantage except with the previous sanction of the State Government. (9) The Authorily may appoint consultants required to assist the Authority in the discharge ol its functions on such terms and conditions as may be determined by regulations. Proceedings ofAuthority. Vacancies etc. not to invalidate act or proceeding. 208 9. (1) The Authority shall meet at the head office or any of its oflices at such time as the Chairperson may direct and shall observe such rules ot procedure in regard to the transaction of business at its meetings (including the quorum at its meetings) as may be determined by regulations. (2) The Chairperson or if he is unable to attend a meeting of the Authority, any other Member nominated by the Chairperson in this behall and, in the absence of such nomination or where there is no Chairperson, any Member chosen by the Members present from among themselves, shall preside at the meeting. (3) All questions come up before any meeting of the Authority shall be decided by a maJority o{ votes ol the Members presenl and voting , and in the event of an equality of votes, the Chairperson orthe person presiding shall have the right to exercise a second or casting vote. (4) Save as otherwise provided in sub-section (3), every Member shall have one vote. (5) All orders and decisions of theAuthority shall be authenticated by the Secretary or any other ollicer of the Authority duly authorised by the Chairperson in this behall. 10. No act or proceedings of theAuthority shallbe questioned or shall be invalidated merely on the ground of existence ot any vacancy or defect in the constitution ol theAuthority. Powers, Functions and duties of Authority. Chapter - Ill Powers, Functions and Duties ot the Authority. 11 . The Authority shall exercise the lollowing powers and perform the following f unctions, namely :- (a) to determine the distribution of Entitlements for various Categories of Use and the equitable distribution of Entitlements of water within each Category of Use on such terms and conditions as may be prescribed; 209 (b) to enrorce the decision or orders issued under this Act; (c) to determine the priority of equitable distribution of water available at the water resource project, sub-basin and river basin Ievels during periods o{ scarcity; (d) to establish a water tarill system, and to f ix the criteria for water charges at sub-basin, river basin and State level arter ascertaining the views of the beneficiary public, based on the principle that the water charges shall rerlecl the full recovery of the cost of the irrigation management, administration, operation and maintenance of water resources project; (e) to administer and manage interstate water resources apportionment on river systems of the slate ; (f) to review and clear water resources projects proposed atthe sub- basin and river basin level to ensure that a proposal is in conformity with integrated State Water Plan and also with regard to the economic, hydrologic and environmental viability and where relevant, on the State's obligatiols under Tribunals, Agreemenls, or Decrees involving interstate entitlements : Provided that, while clearing the new water resources projects by the concerned {or construction proposed by River Basin Agencies, the Authority shall ensure that Governor's Directives issued Irom time to time, relating to investment priority for removal of regional imbalance are strictly observed; (g) to lay down the criteria and monitorthe issuance of Entitlements. These criteria among others shall also include the following, (i) The Entitlements shall be issued by river Basin Agency based on the Category of Use and subject to the Priority assigned to such use under State Water Policy; 210 (ii) Bulk Water Entitlements shall be issued by the Biver basin Agency for irrigation water supply, rural water supply, municipal water supply or industrial water supply to the relevant Water User Entities including lvlun icipalities, Water User's Associations, lndustnal Users and State agencies resDonsible Ior delivery to the respective sector or to a Sub- surface Water User's Association or entity that operates a well field ol multiple sub-surface water tube wells, bore wells or other wells on behalt of multiple users; (iii) Bulk Water Entitlements for irrigation, shall be issued by River Basin Agency , to the Water Useas Associalions at the primary unit level, Distributory level and Canal or Project levelAssociations and Biver Basin Agencies shall not receive Entitlements but shall act as conveyance entities for the Entitlements issued to the Water User's Associations; (iv) Water User Entities including Water User's Associations, managing the aggregate of Entitlements (,n behal, of a group of Entitlement holders may be issued an Aggregate Bulk Entitlement; (v) lndividualWater Entitlements may be issued by River basin Agency only for the construction and operalion ol individual lifl irrigalion schemes from surface water sources, bore-wells, tube wells or other facilities for extraction ol sub-surface water. Such Entitlements shall be administered , reglstered measured and monitored by the respective River Basin Agency in close co- ordination with relevant Government agencies. Where such lacalities extract water from alluvial aquifers that are conjunctive wilh the surface water of a basin, the issuance and operation of such 211 Entitlements shall be conjunclively coordinated wilh the use and yield of surface water resources of the basin and shall be compatible with the overall water resource plan of the local area and the respective river basin and the sustainable use of the sub-surface water resources. (vi) Bulk Water Entitlements shall be lor a specilic proportion ol flow, storage or other determination of the annual yield ot a water resources or tacility and the Entitlement shall be measured volumetrically and with respect to time ol delivery and llow rate of delivery ; (vii) The allocation ol a percentage of the waler available under the Entitlements of each facility, in the drainage basin or river basin shall be determined jointly by the River Basin Agencies and Water User Entities based upon the hydrology and other relevant parameters with regard to the specilic basin. This allocation shall be utilized for the determination of lhe amount ol water to be made available under each Entitlement lor that specif ic year gr runoff season; (h) to lay down the criteria for modification in Entitlements Ior the diversion, storage and use of the surface and sub-surface waters of the State. These criteria shall among others, include the tollowing :- (i) Aggregate Bulk Water Entitlements will be considered as Bulk Water Entitlements under the provisions of this Act except that they shall not be a usuJructuary right and willonly be adjusted bytheAuthority itthere is a compensating change , under the provisions ot this Act, to any component Bulk Water Entitlement that comprise part of the Aggregate Bulk water Entitlement ; 212 (ii) ln the event that any Water User Entity wishes to use its category priority to mandate a change in the use or volume of any entitlement, that entity must demonstrate in a public hearing be.fore the Authorlty, that it has exhausted all attempts to conserve, increase efficiency and manage its demand of water within its, entillement and has exhausted all opportunities to increase its entitlement through a transler within the voluntary, market -based economy. lf, after such a public hearing, the Authority deems such a mandated transfer, on either an annual or permanent basis, to be legal and necessary in the interest of the people ol the State, theAuthority shallthen determine a fair and just compensation as determined by the market value of the water resource, to be paid to the Entitlement holder by the entity exercising the mandated user category preference; (i) to fix the criteria for trading of water entitlements or quotas on the annual or seasonal basis by a water entitlement holder. These criteria shall among others. include the following. - (i) Entitlements, exceptAggregate Bulk Water Entitlements, are deemed to be usufructuary rights which may be trans{erred, bartered, brought or sold on annual or seasonal basis within a market system and as regulated and controlled by the Aulhority as established in the rules ol the Authorily; (ii) Ouotas of water determined by the seasonal or annual allocation assigned to an entitlement shall be volumetric usufructuary right which may betransferred, bartered, bought or sold on an annual or seasonal basis within a market system as established and controlled by the rules ol the Authority; 213 (iii) Bulk Water Entitlements or Ouotas shall be translerable within the respective category ol use as long as such transfers are compatible with lhe operation of the specific water resource facilities involved. Such annual transfers shall be managed and registered with the respective River Basin Agency which shall have the power to approve or deny such proposed translers if they are incompatible with operation of the lacility or would damage the entitlements or rights of other users within the system. The River Basin Agency may charge a nominal fee for the processing and registering such transfer but shall not participate in any compensation between Entitlement holders as a part ol such transfer. (j) Entitlements may be subject to review at intervals ol nol less than three years and then, only if warranted by concerns about, the sustainability of the level of allocation ; (k) Bulk Water Entitlements shall be registered by the River Basin Agency and shall be monitored by theAuthority or its duly delegated competent rep resentative; (l) permanent transfer of Entitlements shall only be made with the approval ol the respective River Basin Agency and the Authority and in compliance with the rules of the Authority promulgated for this purpose. All approved transfers shall be entered into the registry of Entitlements ol the Authority; (m) in the event of water scarcity, the Authority, in compliance with its policy and rules lor allocating such scarcity, shall adjust the quantities ol water to be made available to all Entitlements and shall permit the temporary transfer of water Entitlements between users and categories of users in accordance with the approval ol the Biver Basrn Agencies: (n) to establish regulatory system for the water resources of the state, including surface and sub-surface waters, to regulate the use of these waters, apportion the Entitlement lo the use of the water ol the State between water using categories ; (o) to establish a system of enforcement, monitoring and measurement of the Entitlements for the use of water thal will ensure that the actual use of water , both in quantity and type of use are in compliance with the Entitlements as issued by the Authority. (p) to adminisler the use and Entitlement of water resources within the State in a manner consistent with the State Water Policyto ensure the compliance of the obligation of State with regard to the apportionment of interstate waters between the State and others States; (q) to promote efficient use of water and to minimize the wastage of water and lo lix reasonable use criteria for each Category of Use ; (r) to determine and ensure that cross -subsidies between Categories of used if any, being given by the Government are totally offset by stable funding Irom such cross-subsldies or Government payments to assure that the sustainable operation and maintenance of the water management and delivery systems within the State are not jeopardrsed in any way ; (s) to develop the State Water Entitlement data base that shall clearly record all Entitlements issued forthe use of waterwilhin the State, anytranslers ol Entitlements and a record ol deliveries and uses made as a result of those Entitlements ; (t) 1o facilitate and ensure development, maintenance and dissemination of a comprehensive hydro-meteorological informa- tion data base in co-operation with the River Basin Agencies ; 215 (u) the Authority shall review and revise,thewater charges after every lhree years; (v) the Authority may ensure that the lrrigation Status Report is published by the Government every year, such report shall contain all slatistical data relating to irrigalion including details in respect of district wise irrigation potential created and its actual utilisation; (w) such other powers, function and dulies as may be prescribed. 12. (1)The Authority shall work according to the f ramework ol the State Water Policy. (2) The Authority shall recognise the policy of empowering Biver Basin Agencies in accordance with the state water Policy. (3) The Authority shall, in accordance with the State Water Policy, co-ordinate with all relevant State agencies to implement a comprehensive hydro- meteorological data system for the State. (4) The Authority shall, in accordance with State Water Policy, promote and implement sound water conservation and management practices throughout the Slate. (5) The Authority shall support and aid the enhancement and preservation ol water quality within the State in close co- ordination with the relevant State Agencies and in doing so the principle that "the person who pollutes shall pay'shall be followed. (6) The Authority shall fix the Ouota at Basin level, sub-basin level or project level on the basis of the following principles - (a) forequitable distribution of water in the command area oI the project, every land holder in the command area shall be given Quota; (b) the Quota shall be {ixed on the basis ol the Iand in the command area: General Policies of the Authority. zto Provided that, during the water scarcily period each landholder shall, as far as possible, be given Ouota adequate to irrigate at Ieast one acre of land; (c) in order to share the distress in the river basin of sub-basin equitably, the water stored in the reservoirs in lhe basin or sub-basin, as the case may be, shall be controlled by the end of October every year in such way that, the percentage of utilizable water, including Kharit use, shall, for all reservoirs approximately be the same; (d) subject to the condition of efticient use of water, the existing private sector lilt irrigation management schemes Shall be allowed to continue {or a period ol five years lrom the date of commencement of this Act and thereatter on the date that may be specilied by the Govemment the provisions ol sub-section (4) ol section 14 shall apply : Provided that, having regard to geographical conditions', ditf erent dates may be notified lor differenl areas. (e) the command area ol private lift lrrigation schemes, on the date ol commencement of this Act, shall be treated at par with the command area of the irrigation projects; (7) The Authority shall ensure that the principle ol 'lail to head" irrigation is implemented by the Biver Basin Agency. (8) The Authority shall while framing policy, give preference to the projects so that , the physical backlog forming the basis ol the financial backlog be eradicated in accordance with the Govemoas directive. (9) (a) TheAuthority shall striveto make the water available to the drought prone areas ol the State; 217 (b) The Authority shall ensure that, the lunds made available to a drought prone district are spent preferably in lhe areas, where irrigation facilities are less than the other areas o{ that district. (c) Notwithstanding anything conlained in this act, a person having more than tlvo children shall be required to pay one and half times of the normal rates ol water charges fixed under clause (d) of section 11 of thisAct to get entitlement of waterlor the purpose of agriculture under this Act: Provided that, a person having morethan two children on the date of commencement of this Act, shall not be required to pay such one and half times water charges so long as the number of children he had on such date ol commencement does not increase: Provided turther that, a child or more than one child born in a single delivery within the period of one year from such date of commencement shall notbetaken into consideration lor the purpose ol this sub-section. Explanation - For the purpose of this sub- section- (a) Where a couple has only one child on or after the date ol such commencemenl, any number ol children born out of a single subsequent delivery shall be deemed to be one entity; (b) "Child" does not include an adopted child or children; 13. TheAuthority and the Dispute Besolution Oflicer shall lor the purposes ol making any inquiry or initiating any proceedings under this Act, have the powers as are vested in a civilcourt, underthe Code of Civil Procedure, 1908 (5 of '1908) in respect of the lollowing matters, namely:- (a) the summoning and enforcing the attendance of any wilness and examining him on oath : Powers of Authority and Dispute Besolution Officer. Permission of River Basin Agency. 218 (b) the discovery and production ol any document or other material object producible as evidence; (c) the reception of evidence on affidavits; (d) lhe requisition of any public record; (e) the issue ol commission for examination of wilnesses; (f) review its decisions, directions and orders ; (g) any other matter which may be prescribed. Chapter lV State Water Planning 14. (1) From the date of commencement of this Act, no person shall use any water source without obtaining the Entitlement from the respective River Basin Agency: Provided that, no Entitlement shall be required in case of, - (a) any bore well, tube well or other wells which are being used Ior domestic purposes; and (b) tanks, small reservoirs or catchments of rainwater harvesting with an annual yield capacity as may be decided by the Authority. Explanation j Fot the purposes of this section, the expression "person" shall includes individual, group of indivjduals, all local authorities, association, societies, companies, etc. (2) Use ol the Water lor the purposes of agriculture, rhrough any existing well, bore well, tube well in the command area of a project on the date o{ commencement of thisAct, shall be allowed to continue till date as may be notif ied by the Authority. (3) There shall not be any restriction on digging of any well , bore well or tube well in the command area of a project, till Such date as may be notified by the Authority. 219 (4) Water shall not be made available from the canal for perennial crops in such area and from such date as may be notified by the Authority, unless the cultivator adopts drip irrigation or sprinkled irrigatlon or such other water saving lechnology approved by the Authority. The quantity of water so saved , after satisfying the further increased demand of drinking water , shall be disvibuted equitably in the command area and the adjoining area. 15. (1 ) The State Government shall by notification in the O.flicial Gazette, constitute a Board to be known as the State Waler Board for the purposes of this Act. (2) The Board shall consist of the following Members, namely :- (a) the Chiel Secretary of the State -ex officio President; @) the Secretary, Planning Deptt. -ex officio Member ; (c) the Secretary Finance Deptt -ex off icio Member; (O the Secretary, Public Health Engineering- -ex off icao Member; (e) the Secretary, Urban Development -ex officio Member; (f) the Secretary, Power & Hydro Department -ox oflicio Member; (g) the Secretary, Agriculture Department. -ex off icio Member; (h) the Secretary, Water Resources Department. -ex oflicio Member (i) the Chief Engineer, Water Resources Departmenl. -Member Secretary (3) The Board shall prepare a dratt lntegrated State Water Plan on the basis ol basin and sub-basin wise water plans prepared and submitted by the River Basin Agencies. (4) The Board shall submit its f irst draft Integrated State Water Plan to the Council for its approval within six months from the date on which this Act is made applicable in the State. State water Board. State Water Board. 220 (5) The Board shall, while preparing the draft integrated State Water Plan mentioned in sub-section (3), consider the directives of the State Waler Policy. (6) The Board shall meet at such time and place as the President of the Board may decide and shall lollow such procedure as may be prescribed. 16. (1) The State Govemment shall, by notification in the Official Gazette, constitute a Council to be known as the State Water Council for the purposes of this Act. (2) The Council shall consist of the following Members, namely (a) the Chief Minister -ex otficio President; (b) the Minister, Water -ex ofticio Vice Resources President (c) the Minister, Agriculture -ex officio Member; (d) the Minister, Water -ex officio Member; Supply (e) the Minister, Finance -ex ollicio Member; and Planning (0 the Minister, Urban -ex olficio Member; Development (g) the tUinister, lndustries -ex officio Member; (h) the Minister, -ex oflicio Member; Environment (i) the Secretary, Water -ex officio ; Member Resources Department -Secretary; (3) The Council shall approve , with such modilications as deemed necessary, the draft of the lntegrated State Water Plan submitted by the Board within a period ol six months from the date of submission ot draft lntegrated State Water Plan keeping in view the directives given by the Governor for removal of regional imbalance. The water plan so approved bythe Committee shall become " lntegrated State Water PIan". (a) The lntegrated State Waler Plan may be reviewed after every five years from the date ol its approval by the council. 221 (5) The Council shall meet at such time and place as the President of the Council may decide and shall lollow such procedure as may be prescribed. Chapter V Accounts, Auditand Reports 17. The State Government may, after appropriation duly made by the S:tate Legislature, by law in this behall , make such grants and advances to the Authority as it may deem necessarylorthe performance of its functions and discharge ol its duties under this Act; and all grants and advances made shall be on such term and conditions as the State Govemment may determine. 18. The Authority shall prepare in suchlormandat such time in each linancial year as may be prescribed, its budget for the next tinancial year, showing the estimated receipts and expenditure of theAuthority and forward the same to lhe Government. 19. (1) The Authority shall maintain properaccounts and other relevant records and prepare an annual statemenl of accounts in such form as may be prescribed by the Govemment in consultation with theAccountant General. (2) The accounts of the Authority shall be audited by lhe Accountant General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Authority to the Accountant General. (3) The Accountant General and any person appointed by him in connection with the audit of the accounts ol the Authority under this Act shall have the same rights and privileges and authority in connection with such audit as theAccountant General generally has in connection with the audit of Government accounts and , in particular, shall have the right to demand the production ol books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Authority. Grants and advances lo Authority. Budget ot Authority. Accounts of Authority. Annual Report of Authoriy. 222 (4) The accounts of the Authority, as certified by the Accountant General or any olher person appointed by him in this behalf, together with the audit report thereon shall be lorwarded annually to the State Government by theAuthority and lhe State Government shall cause the audit report to be laid , within a period of six months from the date of its receipt, before the State Legislature. 20. (1) (a) 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 State Governments. (b) Such annual report shall inciude an Annexure containing irrigation backlog of each distract based on the State average Rabbi equlvalent irrigation potential Distractwlse sown area, standard Rabbi equivalent irrigation potential from State sector and local sector schemes , percentage ol irrigation potential to the sown area, percentage less than the State average, backlog in Hectare for the latest year ror which the data is available, and every year thereafter, physical backlog worked out on the basis of State average and tinancial backlog based on the latest schedule of rates. (c) Such report shall also include Annexure showing Districtwise and Regionwise yeady expenditure incurred on the lrrigation Sector and cumulative f igures upto latest yearfor which data is available and every year thereafter. (d) The details ol Annexures at clauses (b) and (c) may be modilied in accordance with the Governofs directives, lrom 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. 223 Chapter Vl SPECIAL POWERS OF AUTHORITY FOR REMOVAL OF BACKLOG AS PER GOVERNMENT'S DIRECTIVES 21 . (1) The Authority shall carry out a special responsibility rn regard to the District and regions, atlected by backlog, in rrrigation sector as per Governois directives. (2) For implementing the Governor's directives the Authority shall ensure that the manpower available with Water Besources Department o, the Government is used lor survey, planning and detailed design ol the projects in backlog arlected areas and new projects are made available tor construcllon in time, for removal of backlog. Chapter Vll MISCELLANEOUS 22. (1) The Government shall by general or special order issued in this behalf authorise any competenl otficers for each River Basin Agency as Primary Dispute Resolution Office( to resolve the disputes with regard to the issuance or delivery oJ water Entitlement underthe Act. (2) The Primary Dispute Besolution Officer shall lollow such procedure as may be prescribed while hearing the disputes. (3) Any person aggrieved by an order of the Pnmary Dispute Resolulion Otficer may, within sixty days f rom the receipt of such order, preler an appealto theAuthorily: Provided that, theAuthority may entertain an appeal after the expiry of the said period of sixty days ii it is satisfied that lhe aggrieved person had sufficient cause for not preferring the appeal within the said period of sixty days. (4) TheAuthority shallfollow such procedure while hearing the appeals as may be prescribed. Special Responsibility otAuthority. Disputes and Appeals. Direct!ons by Government. Members, otficers and other statf of Authority to be public servants. Protection of action taken in good failh Punishment for non- compliance of orders under this Act. O{fences by companies. 23. (1) The Government may issue to theAuthority such general or special directions in writing in the matters of policy involving public interest and the Authonry shall be bound to lollow and act upon such direction. (2) ll any question arises as to whether any such direction. relates to a matter of policy involving public interest, the decision o{ the Government thereon shall be linal. 24. The Chairperson, members, officers and other employees of the Authority shall be deemed, when acting or purposing to act in pursuance of any of the provisions of this Acl or rules or regulations made thereunder, to be public servants within the meaning of section 21 ol the lndian Penal Code (45 of 1860). 25. No Suit, Prosecution or other legal proceedings shall lie against the Government or the Authority or any off icer or other employees ol the Authority for anything done or purported to have been done in good laith in pursuance of the provisions of this Act or rules or regulations made thereunder. 26. Whoever fails to comply with any order or direclion given under this Act, within such lime as may be specified in the said order or direction or contravenes or attempts lo contravene or abets the contravention of any of the provisions of thisAct or any rules or regulations made thereunder shall be punishable with imprisonment for terms which may extend to six months orwith fine, which may extend to ten times ol the annual water charges or, with both in respect of each offence. 27. ('1 ) Where an offence under this Act has been comrnitted by a company , every person who at the time, when the off ence tJas committed, was in charge of, and was responsible to the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be !iable to be proceeded against and punished accordingly: ccE Provided that, nothing contained in this sub- section shall render any such person liable to any punishment under this Act il he proves that the otfence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub- section (1) where an offence under this Act has been committed by a company and it is proved thatthe offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officerof the company, such director, manager, secretary or other officer shall also be deemed to be guilty ol that otfence and shall be liable to be proceeded against and punished accordingly. Explanation, - For the purposes of this section,- (a) 'tompany" means a body corporate and includes firm association of persons or body ol individuals whether incorporated or not. (b) "directof', in relation to firm, means a partner in the lirm, and in relation to any associatlon of persons or body of individuals, means any member controlling the affairs thereof . 28. (1) The Authority may, either berore or after the institution of the proceedings for any offence punishable under this Act, with the approval o{ the State Government , accept from any person charged with such offence, by way of composition of the offence, a sum not less than the amount of the maximum fine and not the more than double the amount of the maximum fine for lhe offences punishable by or under lhis Act. (2) On payment ot such sum as may be determined by theAuthority or the State Governmenl or any officer authorised by the State Government under sub-section (1) , no Iurther proceedings shall be taken againsl the accused person in respect of the same offence, and any proceedings il alreadytaken or initiated shall stand abated, and the accused person , if in custody, shall be discharged. Compounding of otfences. Cognizance of offence. 226 29. No Court shall take cognizance of an offence punishable under this Act except upon a complaint, in writing made by the Authority or by any other otficer duly authorised by the Authority for this purpose. 30. (1 ). The State Government may, by notification in the Orficial Gazette. and subject to the conditions of previous publication, rnake rules to carry out the purposes of this Act. (2) Every rule made by the Government of Arunachal Pradesh under this Act shall be laid, as soon as may be, after it is made before the Legislative Assembly ol Arunachal Pradesh while it is in session for a total period of ten days which may be comprised in one session or in two or more successive sessions and it, bciore the expiry of the session in which it so laid or the session immedialely following the session or the successive sessions aforesaid, the Legislatlve Assembly makes any modif ication in the rule or resolves that the rule should not be made , the rule shall thereafler have efiect only in such modified form or be of no effect as the case may be, so however, that such modification or annulment shall be without prejudice to the validity oi an)4hing previously done under the rule. 31 . (1) The Authority may, with the previous approval of the State Government make regulations consistent with this Act and the rules made lhereunder, lor allorany of the matters to be provided underthisAct by regulations and generally for all other matters for which provisjon is, in the opinion o{ the Authority, necessary for the exercise of its powers and the discharge of its functions under this Act. (2) Pending making of the regulations by the Aulhority with the approval of the State Government, the existing rules and procedures shall be followed by the Authority {or carrying out its functions. Powers of Government 10 make rules. Powers ol Authority to make regulation. 227 32. (1) ll any difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion arises, by an order published in the Official Gaz ette, do anything not inconsistent with the provisions of this Act, which appears to it to be necessary or expedient, for removing the ditficulty : Provided that, no such order shall be made after the expiry of a period of two years from the date of commencement of this Act. (2) Every order made under sub-section ('l) shall be laid, as soon as may be, after it is made, before the House of the State Legislature. Note : Published in the Arunachal Pradesh Gazette, Extraodinary No. 106 Vol. XIV dated 15th December, 2006. Power lo remove ditf iculties