The Telangana Water Resources Regulatory Commission Act, 2009

THE TELANGANA WATER RESOURCES REGULATORY COMMISSION ACT, 2009. (ACT NO. 15 OF 2009)

(1) This Act may be called the Telangana Water Resources Regulatory Commission Act, 2009. (2) It extends to the whole of the State of Telangana. (3) It shall come into force on such date as the State Government may, by notification in Official Gazette, appoint.

(1) In this Act, unless the context otherwise requires: (a) “Category of Use” means use of water for different purposes such as for domestic, agricultural irrigation, agro-based industries, industrial or commercial, environmental, etc., and includes such other purposes as may be prescribed; (b) “Chairperson” means the Chairperson of the Commission; (c) “Commission” means the Telangana Water Resources Regulatory Commission established under section 3; (d) “Government” or “State Government” means the Government of Telangana; (e) “Irrigation Project” means a project constructed to provide irrigation facilities to the land situated in the command area in accordance with the project reports and orders issued in this regard, as revised from time to time; (f) “Member” means a Member of the Commission and includes the Chairperson; (g) “Notification” means a notification published in the Telangana Gazette and the word notified shall be construed accordingly; (h) “Prescribed” means prescribed by rules made under this Act; (i) “Selection Committee” means a Selection Committee constituted under section 5; (j) “State” means the State of Telangana; (k) “Water Users' Association” means a Water Users’ Association formed at the minor level or above, under the Telangana Farmers Management of Irrigation Systems Act, 1997; (l) “Water Users Association” or “Distributory Committee” or “Project Committee” means the Committees constituted under the Telangana Farmers Management of Irrigation Systems, Act, 1997. (2) Words and expressions used and not defined in this Act but defined in various irrigation or water resources related Acts in the State shall have the meanings respectively assigned to them in those Acts.

(1) The Chairperson and the Members of the Commission shall be appointed as follows:- (a) The Chairperson shall be a person who is or who was of the rank of Chief Secretary of the State or equivalent thereto or a person of eminence in the field of water resources management with proven track record; (b) One Member shall be expert from the field of water resources engineering; (c) One Member shall be expert from the field of water resources economy. (2) The Commission may as and when needed and decided by them invite special invitees from,- (a) experts who are having adequate knowledge, experience or proved capacity in dealing with the problems relating to engineering, agriculture, drinking water, industry, law, economics, commerce, finance or management for assisting the Commission in taking policy decisions; (b) members from farmers organizations within the State. (3) The Chairperson and other Members of the Commission shall not hold any other office of profit.

(1) The Government shall, by notification, for the purposes of selection of the Chairperson, and other Members of the Commission, constitute a Selection Committee consisting of:- (a) The Chief Secretary of the State Ex-officio Chairperson. (b) Special Chief Secretary/Principal Secretary/ Secretary to Government of the following departments shall be the Ex-Officio Members,- i) Finance ii) Planning iii) Irrigation & Command Area Development-Convener (2) The Government shall, within one month from the date of occurrence of any vacancy by reason of death, resignation or removal of the Chairperson or Member of the Commission, and six months before the superannuation or end of tenure of Chairperson or any Member, make a reference to the Selection Committee for selection. (3) The Selection Committee shall finalize the selection of the Chairperson and Members within one month from the date on which the reference is made to it. (4) The Selection Committee shall recommend a panel of two names for every vacancy referred to it. (5) Before recommending any person for appointment as the Chairperson or Member of the Commission the Selection Committee shall satisfy itself that such person does not have any financial or other interest, which is likely to affect prejudicially his functions as a Member. (6) No appointment of the Chairperson and members of the Commission shall be invalid merely by reason of any vacancy in the Selection Committee.

(1) The Chairperson and Members of the Commission shall be paid such fees or salaries and such allowances as may be prescribed by the Government. (2) The salary and allowances and other conditions of service of the Chairperson and Members of the Commission shall not be varied to their disadvantage after appointment.

(1) A person shall be disqualified for being appointed as, or for being, a Chairperson and Members of the Commission,- a) if the person is of unsound mind or has become physically incapable of performing his duties, b) if the person is an undischarged insolvent, c) if the person has been convicted of an offence involving moral turpitude, d) if the person has such financial or other interest as is likely to affect prejudicially his functions as a Member of the Commission,

Before appointing a person to be the Chairperson and Member of the Commission, the Government shall satisfy itself that the person will have no such financial or other interest as is likely to affect prejudicially his functions as a Chairperson and Member of the Commission.

(1) The Commission may, with the prior approval of the Government, appoint a Secretary and such number of officers and employees as it considers necessary either on contract or on deputation for the performance of its duties and functions. (2) The Commission may engage consultants as and when required to assist the Commission in the discharge of its functions.

(1) No act or proceedings of the Commission shall be questioned or shall be invalidated merely on the ground of existence of any vacancy in the Commission. (2) In case of difference of opinion between the Chairperson and the Member, the view of the Chairperson shall prevail.

The powers, functions and duties of the Commission shall be as under:- (1) a) to determine the water requirement for various categories of users (such as irrigation, municipal/ rural drinking water / industry etc) on a yearly / season basis, b) to determine the requirement of irrigation water for the various levels of Farmers Organizations (namely, Project Committee, Distributor Committee and Water User Association) based on the cropping pattern approved by the project authorities on a yearly / season basis and implement the same. (2) a) to determine the adequate operation and maintenance (O&M) cost of irrigation/multipurpose water projects, (b) the State shall ensure provisions for full operation and maintenance requirements of such projects as determined by the Commission, through an appropriate budgetary support, to ensure that the quality of the service delivery is not allowed to suffer for want of systems operation and maintenance needs. (3) To promote efficient management of irrigation water:- a) Providing Guidelines / Procedures / modalities for plough back of operation and maintenance amount to the farmers organizations for the operation and maintenance of the irrigation systems as well as standards of services, b) Monitoring the technical standards for operation and maintenance, cyclical repairs and minimum rehabilitation of irrigation system, c) Ensure that the principle of "tail to head" irrigation is implemented by the project authorities. (4) To promote efficient use of water resources and minimizing wastage of water by:- a) Fixing and monitoring implementation of stipulated quality standards for management of water resources by various water users/departments and recommend actions against violations. b) Fixing and monitoring implementation of stipulated quality standards for the services to be provided by various water resources service providers and recommendations against violations, c) Fixing and monitoring implementation of stipulated quality standards for disposal of waste water by various water users and recommend actions against violations, d) Fixing and monitoring implementation of stipulated standards for protection of all water resources in the State including pollution, e) Supporting and aiding enhancement and preservation of water quality within the State in close coordination with the relevant State Agencies and in doing so following the principle that "the person who pollutes shall pay". (5) To ensure publication of an annual report containing following information by project authorities:- a) Irrigation status containing all statistical data relating to irrigation including details of the project wise irrigation potential and its actual utilization, water user efficiency and productivity relating to the projects; b) Bench marking of irrigation/multipurpose water projects to identify projects with best management practices for emulation by other projects; c) Water Audit of Irrigation/multipurpose water projects giving a systematic and scientific water account of the projects. (6) a) The Commission shall devise a suitable mechanism for financial incentives/disincentives to the farmer's organizations and other water users for ensuring delivery of services to their members as per the determination; b) The Commission shall in case of non-compliance of the specific directions in discharge of the powers under this Act, recommend to the Government suitable disciplinary action against such Government officials. (7) To perform any other powers, functions and duties as assigned to the Commission by the State Government by notification.

The Commission shall work according to the framework of the State Water Policy and other existing laws of the state.

The Government may, after appropriation duly made by the State Legislature, by law in this behalf, make such grants and advances to the Commission as it may deem necessary for the performance of its functions and discharge of its duties under this Act and all grants and advances made shall be on such terms and conditions as the State Government may determine.

The Commission shall prepare in such form and at such time in each financial year as may be prescribed, its budget for the next financial year and forward it to the Government.

(1) The Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Government in consultation with the Accountant General. (2) The Accounts of the Commission shall be audited by the 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 Commission to the Accountant General. (3) The Accountant General and any person appointed by him in connection with the audit of the accounts of the Commission under this Act shall have the same rights and privileges and authority in connection with such audit as the Accountant General generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Commission. (4) The accounts of the Commission, as certified by the Accountant General or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the Government by the Commission and the 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.

(1) The Commission shall prepare once in 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 sent to the Government. (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.

The Government shall have the power to issue policy directions to the Commission on matters concerning water in the State including the overall planning and co-ordination.

The Chairperson, members, officers and other employees of the Commission shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act or rules or regulations made there under to be the public servants within the meaning of section 21 of the Indian Penal Code.

No suit, prosecution or other legal proceedings shall lie against the Government or the Commission and officer of Government or any Members, officer or other employees of the Commission for anything done or purported to have

The Commission with the prior approval of the State Government may make regulations for discharging its duties consistent with this Act and the rules made thereunder.