Vidhi Codex

The Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010

The Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010

General2010202 sections

This Act establishes the Jammu and Kashmir State Water Resources Regulatory Authority to oversee the state's water resources. It regulates the use of water for various purposes such as drinking, irrigation, electricity generation, drainage, navigation, and extracting materials from riverbeds. The law applies to the government, local bodies, licensees, and individuals who benefit from water usage. By creating a centralized authority, the Act aims to ensure fair distribution, efficient management, and sustainable use of water, preventing conflicts between different users and optimizing the benefits derived from the state's water sources.

Start reading →Read full ActSections
  1. 1. Short title and commencement.
  2. 2. Definitions.
  3. 3. Property of the Government.
  4. 4. State Water Policy and Plan.
  5. 5. Supply of drinking water.
  6. 6. Supply of water for domestic purposes.
  7. 7. Supply of water for purposes other than domestic purposes.
  8. 8. Application for supply of water.
  9. 9. Expenses of connection
  10. 10. Validity of permission.
  11. 11. Stopping supply of water.
  12. 12. Power to lay or carry pipes.
  13. 13. Charges for supply of water.
  14. 14. Separation of premises for water supply.
  15. 15. Connection with main line.
  16. 16. Indemnity.
  17. 17. Prohibition on construction over water works.
  18. 18. Prohibition of certain acts affecting the water works.
  19. 19. Prohibitions of certain other acts.
  20. 20. Obligation of owner to prevent misuse of water.
  21. 21. Power to enter premises.
  22. 22. Cutting of water supply.
  23. 23. Appeals.
  24. 24. Usage of water for irrigation.
  25. 25. Powers of entry on land etc.
  26. 26. Power to enter and survey etc.
  27. 27. Power to enter upon land, building etc, for inspection.
  28. 28. Power to enter for repairs and to prevent accidents.
  29. 29. Notice to an occupier of building.
  30. 30. Canal crossings.
  31. 31. Acquisition of land for irrigation works.
  32. 32. Preparation of draft scheme.
  33. 33. Publication of the Scheme
  34. 34. Acquisition of land for water channels and field channels.
  35. 35. Implementation of Scheme.
  36. 36. Maintenance of water channels.
  37. 37. Persons using water course to construct works.
  38. 38. Protection of water channels against demolition etc.
  39. 39. Adjustment of claims between persons jointly using water channel.
  40. 40. Supply of water through intervening water channel.
  41. 41. Application for transfer of existing field channel.
  42. 42. Objections to transfer applied for.
  43. 43. Transfer of field channel to the applicant.
  44. 44. Procedure when objection is held valid.
  45. 45. Procedure when Tehsildar disagrees with Assistant Executive Engineer.
  46. 46. Expenses to be paid by the applicant before transfer of field channel
  47. 47. Conditions binding on applicant.
  48. 48. Construction and maintenance of filed channels.
  49. 49. Maintenance of field channels.
  50. 50. Acquisition of land for construction of field channels.
  51. 51. Preparation of draft scheme in culturable commanded area.
  52. 52. Power to prohibit obstructions.
  53. 53. Power to remove obstructions after prohibition.
  54. 54. Preparation of schemes for drainage works.
  55. 55. Scheme for field drains.
  56. 56. Supply of water from Irrigation work.
  57. 57. Regulation of water supply from irrigation works.
  58. 58. Application for permission to use water from an irrigation work.
  59. 59. Non-supply of water in certain circumstances.
  60. 60. Sale or subletting of right to use water of irrigation work.
  61. 61. Supply of water for irrigation of one or more crops.
  62. 62. Power to prescribe the kind of crop to be grown under the irrigation area.
  63. 63. Small schemes for supply of water from irrigation work and their management.
  64. 64. Constitution and functions of Water Committee.
  65. 65. Suspension and supersession of Water Committee.
  66. 66. Limitation in respect of irrigation works.
  67. 67. Power to remove encroachments.
  68. 68. Obligation of owners in respect of works effecting safety of canals.
  69. 69. Prohibition to conduct operations near irrigation work.
  70. 70. Fishing and Plying of boats, etc.
  71. 71. Prohibition on letting out water from canal.
  72. 72. Prohibition to abstract water from irrigation work.
  73. 73. Prohibition on deposition of any material or waste in or near a water channel.
  74. 74. Prohibition on discharge of sewage or industrial effluent in the irrigation work.
  75. 75. Flood basins.
  76. 76. Determination of limits of flood basin.
  77. 77. Power to enter.
  78. 78. Calling of objections.
  79. 79. Notification of flood basin.
  80. 80. Superintendence of embankments.
  81. 81. Control of bed and banks.
  82. 82. Traffic on embankments.
  83. 83. Power to remove obstruction.
  84. 84. Excavation in lands.
  85. 85. Special measures when danger of flood.
  86. 86. Safety of embankments.
  87. 87. Extraction of bed material.
  88. 88. Compensation for damage.
  89. 89. Procedure for award of compensation.
  90. 90. Installation of Unit for usage of water.
  91. 91. Preparation of scheme for usage of water by the user.
  92. 92. Approval of the scheme.
  93. 93. Information to the User.
  94. 94. Prohibition on installation of a unit.
  95. 95. Ceiling on allocation of water.
  96. 96. Licence for usage of water.
  97. 97. Grant of licence.
  98. 98. Procedure for grant of Licence.
  99. 99. Licensee not to do certain things.
  100. 100. Amendment of licence.
  101. 101. Revocation of licence.
  102. 102. Duties, obligations and respon-sibilities of the licensee.
  103. 103. Grievance redressal mechanism.
  104. 104. Directions to the Licensee.
  105. 105. Control and safety provisions.
  106. 106. Location of Dams to be away from populated area.
  107. 107. Power of licensing authority under this Chapter.
  108. 108. Liability for failure or collapse of water usage unit.
  109. 109. Special Works.
  110. 110. Powers and functions of the licensing authority and the authorised officer.
  111. 111. Notification of areas to regulate and control development of ground water.
  112. 112. Grant of permit to extract and use ground water in the notified area.
  113. 113. Duties, obligations and respon-sibilities of user agency/owner of a well.
  114. 114. Registration of existing users in notified areas.
  115. 115. Registration of user of new wells in non-notified area.
  116. 116. Registration of Drilling Agencies.
  117. 117. Power to alter, amend or vary the terms of the permit or Certificate of Registration.
  118. 118. Cancellation of permit or Certificate of Registration.
  119. 119. Power to enter, inspect or seize etc.
  120. 120. Service of orders, etc.
  121. 121. Bar to claim compensation.
  122. 122. Rain water harvesting for ground water recharge.
  123. 123. Appeals.
  124. 124. Installation of meters.
  125. 125. Injuring a meter or any fitting.
  126. 126. Fraud in respect of meters.
  127. 127. Meter Reading.
  128. 128. Fixation of water usage charges.
  129. 129. Prohibition on charging higher water usage charges.
  130. 130. Recovery of water usage charges.
  131. 131. Procedure for assessment.
  132. 132. Disconnection of supply in the default of payment.
  133. 133. Disconnection of supply generally.
  134. 134. Restoration of supply.
  135. 135. Appeal.
  136. 136. Payment of water usage charges when used by joint users or licensees.
  137. 137. Providing of incentives by the Government.
  138. 138. Water Usage Code.
  139. 139. Establishment of State Water Resources Regulatory Authority.
  140. 140. Qualification for appointment of Chairperson and Members of the Authority.
  141. 141. Constitution of Selection Committee.
  142. 142. Term of office and conditions of service.
  143. 143. Removal of Chairperson or Member.
  144. 144. Officers and other Employees of the Authority.
  145. 145. Functions of the Authority.
  146. 146. Powers of the Authority.
  147. 147. Proceedings before Authority.
  148. 148. Powers of entry and seizure.
  149. 149. Delegation.
  150. 150. Appeal to High Court in certain cases.
  151. 151. Assessment.
  152. 152. Appeal to appellate authority.
  153. 153. Investigation of certain matters.
  154. 154. Orders for securing compliance.
  155. 155. Procedure for issuing directions by the Authority
  156. 156. Offence relating to irrigation or hydraulic works.
  157. 157. Liability of removing obstruction or repairing the damage.
  158. 158. Power to remove obstruction or damage to work.
  159. 159. Offences relating to drinking water supply or dams.
  160. 160. Offences relating to theft of material.
  161. 161. Punishment for receiving stolen property.
  162. 162. Interference with utilities or works of licensee.
  163. 163. Negligently breaking or damaging works.
  164. 164. Penalty for intentionally injuring works.
  165. 165. Damage to public stand post.
  166. 166. Punishment for non-compliance of other orders or directions.
  167. 167. Offences relating to ground water.
  168. 168. Offences relating to flood basin and embankments.
  169. 169. Offences by a companies.
  170. 170. Offence by Government employees.
  171. 171. Abetment.
  172. 172. Cognizance of offences.
  173. 173. Punishment under other laws not barred.
  174. 174. Penalty for non-compliance of directions of the Authority
  175. 175. Power to adjudicate.
  176. 176. Factors to be taken into account by adjudicating officer
  177. 177. Civil Court not to have jurisdiction.
  178. 178. Penalties not to effect other liabilities.
  179. 179. Power of police to investigation.
  180. 180. Certain offences cognizable.
  181. 181. Compounding of offences.
  182. 182. Constitution of Special Courts.
  183. 183. Review.
  184. 184. Grants and loans by the Government.
  185. 185. Establishment of fund by Government.
  186. 185-A. Constitution of Fund for utilization of Water Usage Charges.
  187. 186. Accounts and Audit of Authority.
  188. 187. Annual report of the Authority.
  189. 188. Budget of the Authority.
  190. 189. Direction by Government.
  191. 190. Protection of action taken in good faith.
  192. 191. Members, officers, etc of the Authority to be public servants.
  193. 192. Recovery of water usage charges/penalty payable under the Act.
  194. 193. Services of notices, orders or documents.
  195. 194. Inconsistency in laws.
  196. 195. Act to have overriding effect.
  197. 196. Provisions of the Act to be in addition to and not in derogation of other laws.
  198. 197. Powers of Government to make rules.
  199. 198. Power of the Authority to make regulations.
  200. 199. Rules and regulations to be laid before the State Legislature.
  201. 200. Power to remove difficulties.
  202. 201. Repeal and Saving.

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