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

Bare Act · 2010

Act number: 21 of 2010
Enacted: 23 October 2010
Contents: 202 sections

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

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