GOVERNMENT OF ARUNACHAL PRADESH

LAW, LEGISLATIVE AND JUSTICE DEPARTMENT

CIVIL SECRETARIAT

ITANAGAR

—————

NOTIFICATION

The 27th April, 2023

No. Law/Legn-4/2023.— The following Act of the Arunachal Pradesh Legislative Assembly

which was passed in the Eleventh Session of the Seventh Legislative Assembly and received

the assent of the Governor of Arunachal Pradesh is hereby published for general information.

(Received the assent of the Governor on 15th April, 2023)

THE ARUNACHAL PRADESH PROTECTION OF DRINKING WATER

CATCHMENT AREAS ACT, 2023

(ACT NO. 5 OF 2023)

Act

Short title,

extent and

commence-

ments.

Definitions.

to provide for the protection of Drinking Water Catchment areas with a view to preserve

drinking water sources and to make provisions for the same and matter connected therewith

and incidental to there.

WHEREAS, water is one of the most vital elements to human life and community;

AND WHEREAS, drinking water sources in the hill areas are dwindling due to denudation

and unwanted human activities in the catchment areas.

AND WHEREAS, it has become necessary to take regulatory measures to protect and

improve the environment and the catchment areas and thereby preserve the drinking water

sources therein and augment the yield of drinking water from such sources, springs, streams

and rivulets;

BE, it enacted by the Legislature of the State of Arunachal Pradesh in Seventy - fourth year

of the Republic of India as follows :-

(1) This Act may be called the Arunachal Pradesh Protection of

Drinking Water Catchment Areas Act, 2023.

(2)

It shall extend to the whole of the State of Arunachal Pradesh.

(3)

It shall come into force on the date of its publication in the Official

Gazette.

In this Act, unless there is anything repugnant in the subject or context-

(a)

‘Act’ means the Arunachal Pradesh Protection of Drinking water

Catchment Areas Act, 2023 ;

(b)

‘Advisory Board’ means the ‘Arunachal Pradesh Drinking Water

Catchment Areas Advisory Board (APDWCAAB)’ constituted

under section 3;

The Arunachal Pradesh Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 112, Vol. XXX, Naharlagun, Friday, April, 28, 2023, Vaisakha 8, 1945 (Saka)

(d)

‘Dependency of a livelihood’ means no other alternative source of

income for sustenance of a family or a community;

(e) 'District Board' means the 'District Drinking Water Catchment Area

Protection Board (DDWCAPB)' constituted under section 5 of the Act;

(f)

‘Drinking Water Catchment Area’ means an area where springs,

streams, rivulets, lakes, glaciers and water sources originate and serve

as a potential source of perennial flow of water;

Note : Drinking Water Catchment Area can be categorized into 'Critical

Catchment Area’, ‘Sub-Critical Catchment Area' and ‘Non-Critical

Catchment Area’ in terms of threat pertaining to the water availability in

the source as defined under section 11 (2) (a), (b) and (c);

(g)

'Executive Committee' means the 'District Executive Committee

for Drinking Water Catchment Areas Protection (DECDWCAP)'

constituted under section 7 of the Act;

(h)

'Government' means the Government of the State of Arunachal Pradesh;

(i)

'Land Owner' means an individual or a community holding the ownership

rights conferred through ancestral inheritance or through a Land

Possession Certificate (LPC);

Explanation : 'Land' for the purpose of this Act includes trees and standing

crops in the catchment area.

(j)

'Measures' means the measures specified in section-12 of this Act;

(k)

'Notification' means notification by Government of Arunachal Pradesh

published in the Gazette of Arunachal Pradesh;

(l)

'Prescribed' means prescribed by rules made under this Act;

(m) 'Section' means a section of the Act;

(n)

'VWSC' means the 'Village Water & Sanitation Committee'

constituted under section-9 of the Act;

(o)

'Watershed' means an area surrounding any spring, stream or pond

(whether formed naturally or otherwise) which conserves and sustains a

source of water, the quality and quantity whereof are likely to be varied

by erosion of soil, felling of trees or disturbances by cattle grazing or

human settlement/activity.

3. (1)

The State Government shall by notification constitute a Board at the

State level to be known as the 'Arunachal Catchment Areas

Pradesh Drinking Water Board (APDWCAAB)' to advise the

Government on matter connected with the drinking water catchment

areas and their protection.

(2)

The Board, if it considers necessary may co-opt any person in any of its

sitting to resolve any particular issue or issues.

(3)

The Advisory Board may take appropriate decisions on matters that

may contribute to better implementation of the Act as deemed fit.

4. (1)

The functions of the Advisory Board shall be to advise Government on :-

(a)

The preservation and protection of drinking water sources-ground

water, springs, streams, rivulets, lakes, glaciers as water sources

and on measures to be adopted thereof;

(b)

The appropriate method of management of catchment areas vis-a-

vis the activities customarily practiced in relevant areas;

(c)

Such matter connected with the improvement and augmentation of

yield of drinking water from sources therein;

(d)

Subjects brought forth by the District Drinking Water Catchment

Area Protection Board for Government decision.

(e)

In matters involving issues pertaining to Village Water and Sanitation

Committee (VWSC) between two or more districts, it shall examine

the views of District Drinking Water Catchment Area Protection

Board and issue order at its level order at its level.

(f)

or for critical mattersrecommend to the Government for appropriate

Constitution of

a State Level

Drinking Water

Catchment

Areas Advisory

Board.

Functions of

the State Level

Advisory Board

sources-ground

water, springs,

streams,

rivulets, lakes.

implementing agency and ensure effective and timely implementation.

(3)

The Advisory Board may delegate such powers to the District Board or

the District Executive Committee as it may deem fit for effecting proper

and timely implementation of the works, orders or directions.

(4)

The Advisory Board shall constitute a Cell for Result Based Monitoring

and Evaluation of the Act to be headed by a Nodal Officer not below

the rank of Superintending Engineer. The powers of the Cell shall be

as given below:

(a)

To act as link between Advisory Board and District Board.

(b)

To receive reports and returns and adaptability assessments.

(c)

To evaluate baseline data and leading indicators of sustainability.

(d)

To recommend improvement and proper use of funding if any.

(e)

To recommend critical inputs and intervention of stakeholders

including third party involvement wherever needed.

(5)

The Advisory Board shall meet as often as may be necessary but not

less than once in a year.

The State Government shall by notification constitute a Board at the district

level to be known as the 'District Drinking Water Catchment Areas

Protection Board (DDWCAPB)' to execute the provisions of the Act and

to recommend to the state level Advisory Board on matters connected

with the drinking water catchment areas and their protection, through

notification by Government;

(1)

The functions of the District Board shall be to :

(a)

Notify the catchment area on the recommendation of the

Executive Committee and the Village Water and Sanitation

Committee (VWSC);

(b)

Prepare the Master Plan for Drinking Water Catchment Area

Protection based on the input of VWSC and recommendation of

the Executive Committee. The Master Plan shall include:-

(i)

Delineation of the catchment area or the watershed for

protection;

(ii)

Assessment of the area for the catchment protection or the

watershed and the discharge of the water source;

(iii)

Outline the schemes for protection of the watershed area

and the source; and

(iv)

The Master Plan may provide for such matters as may be

considered necessary for the protection of the watershed

area and sustainable development of the catchment area.

(c)

Approve the Action Plan of the Drinking Water Catchment Areas

Protection prepared by the Executive Committee based on the

input from the VWSC;

(d)

The land, other than Forest Reserves, Protected Forest, Anchal

Forest Reserve, Village Forest Reserve, Wild Life Sanctuaries,

National Parks, Community Reserved Forest, Eco-sensitive Zone

(ESZs) of Protected Areas and Unclassed Forest shall be donated

voluntarily for conservation and development of drinking water

catchment area protection but the land so donated shall not be

used for any other purpose and no compensation shall be paid

for such donated land.

Provided that, in extreme circumstances, wherein the

livelihood of an individual or community, as the case may be, is

affected due to such earmarking and donation of land, the District

Board may determine the compensation to be paid, which

however, shall not be claimed as a matter of right.

(e)

For effective development of drinking water catchment area

protection and donating of land for such purpose, the District

drinking water catchment area protection Board shall carry out

Constitution

of District

Drinking

Water Catch-

ment Areas

Protection

Board

(DDWCAPB).

Functions of

the District

Drinking

Water

Catchment

Areas

Protection

Board.

catchment area in the village;

(iii)

Introduction of award system, initially five best villages

mannually in a district. The best villages shall be selected

based on the score card to be determined by the Board on

the following:-

(a)

weightage on faster land donation including weightage

on areas (measures in square meter) of land.

(b)

initiatives taken by the village(s) for upkeepment of

forest in the catchment areas;

(c)

initiatives taken by village(s) on rain harvesting

measures;

(d)

initiatives taken by the village(s) on any innovative

application like combining eco-tourism and bio-

diversity conservation with the water conservation to

make the protection of catchment area sustainable.

(e)

The State Government shall for the aforesaid purpose

make appropriate annual incentives and award per

district and deposit it towards the District Drinking

Water Catchment Area Protection Board.

(f)

Decide on such other matter connected with the

improvement and augmentation of yield of drinking

water from sources therein;

(g)

In matter involving issues pertaining to two or more

VWSCs within the district, it shall give its decision.

(2)

The District Board shall meet as often as may be necessary but not

less than thrice in a calendar year.

The State Government shall by notification constitute a Committee at the

district level to be known as the 'District Executive Committee for

Drinking Water Catchment Areas Protection (DECDWCAP)' to carry

out the various activities envisaged under the Act under its domain and to

recommend, advise the District Board on matter connected with the

drinking water catchment areas and their protection;

(1)

The functions of the District Executive Committee shall be to :

(a)

Recommend to the District Board for notification of catchment

area on the resolution of the Village Water and Sanitation

Committee (VWSC).

(b)

Prepare the Action Plan for Drinking Water Catchment Area

Protection. The Action Plan shall include proposals of funding

from State, CSR, MPLAD, MLALAD, and other related non-tied

fund, etc. to be implemented through PHED on the approval of

the District Board. For depositing such fund, the executive

committee shall open a joint account to be operated by the

Deputy Commissioner and Executive Engineer (PHE&WS

Department).

(c)

The action plan shall also include the works if any to be taken

up in the catchment areas for water conservation directly by the

line departments through their own programmes and funds.

(2)

The District Executive Committee (DEC) shall perform the duty of

interface between VWSC and the District Board.

(3)

The Member Secretary DEC shall constitute a monitoring and

evaluation unit in his/her office from the existing strength which shall

support in compilation, evaluation and study of any report, returns

pertaining to the Act that comes up before the DEC.

(4)

The District Executive Committee shall furnish a monthly report to

District Advisory Board & State Advisory Board on the implementation

and progress related to the Catchment Areas Protection Act.

(5)

The District Executive Committee shall meet as often as may be

Functions of the

District Executive

Committee for

Drinking Water

Catchment Area

Protection.

Constitution of

District Executive

Committee for

DrinkingWater

Catchment

Areas Protection

(DECDWCAP).

under its domain and shall wherever needed recommend to the District

level Board through the Executive Committee on matters connected

with the drinking water catchment areas and their protection.

(2)

The Committee constitution shall be as follows:-

(a)

It shall consist of 10-15 members, comprising of elected

members of Panchayat up to 25% of the composition out of

which, 50% shall be women; and remaining 25% shall consist

of Gaon Burahs or Senior members or Literate members or

Government retirees, to be decided by the Gram Sabha. For

proper and effective functioning and management of VWSC,

the Gram Sabha may co-opt the headmaster or a teacher of

the nearest school and the Junior Engineer of PHE&WSD

as members of VWSC. Ordinarily, the tenure of sub-committee

shall be for 3 years and Gram Sabha will have option to

reconstitute or renew the sub-committee with approval of 80%

of the households in the village.

(b)

Land owner/Donor shall be ex-officio member of the VWSC.

(c)

The Chairman of the Committee could be the Chairman of Gram

Panchayat or any elder in the village chosen by the Gram

Sabha.

(d)

The Member Secretary of the Committee shall be selected by

the Members of the VWSC.

10.

(1)

The functions of the VWSC shall be to :

(a)

Identify and recommend the catchment area to the District

Drinking Water Catchment Area Protection Board through the

Executive Committee.

(b)

Preserve, conserve and protect the drinking water catchment

areas, springs, streams, rivulets, lakes, glaciers and water

sources through various water harvesting intervention and

prohibiting felling of trees.

(c)

Recommend appropriate method of management of catchment

areas vis-a-vis the activities customarily practiced in such areas

to the District Board through the Executive Committee;

(d)

Be the custodian of the water sources.

(e)

Traditional practices for e.g captivating mithuns for a particular

period in a limited area that may be detrimental for water

resource shall be identified by the Village Water and Sanitation

Committee (VWSC). The VWSC shall bring behavioral changes

by influencing the community practices and shall promote

sustainable way of water resource management. The

department under whose jurisdiction the catchment area falls

may take necessary measures to initiate action and report it

in public domain.

(f)

Maintain status of water sources with yearly records of discharge

of respective sources with support from concerned PHE Division.

(g)

Initiate proposals for catchment area protection works where

the source depletion is alarming or considerable and

recommend the same to the District Executive Committee.

(h)

To assess whether any pollution is being caused in the upper

reaches of its water sources by villages located if any in the

upstream side of the sources. In such cases, the matter shall

be taken up with the other VWSC's involved for amicable

solution or shall be reported to the local administration for

appropriate disposition of the matter.

(i)

To provide input to the Executive Committee in preparation of

the Master Plan.

(2)

The VWSC shall meet as often as may be necessary but not

less than 4 times in a year.

Committee

(VWSC).

Functions of

the Village

Water and

Sanitation

Committee

(VWSC).

(b)

For rural areas : For stream or river water intake, an area of 50

mtrs. wide on both banks of the stream or river should be fully

protected upstream from the intake point. An additional strip of

50 to100 meters wide can only be used for farming that does not

involve bigger tree felling or soil tilling or the use of chemicals.

The length of protected banks upstream of the water intake should

generally be not less than 500 meter, depending on local

conditions. However, greater the area better it would be for

conservation of water sources.

(c)

For semi urban areas : In mountainous terrains, the earmarked

area of water shed for protection should generally be minimum of

100 mtrs. wide on each sides of the stream or river bank. The

length should depend upon size of user and source or not less

than 1000 mtrs. in length to get meaningful conservation. However,

greater the area better it would be for conservation of water

sources.

(d)

For urban areas : In mountainous terrains, the earmarked area

of water shed for protection should cover from the ridge line or a

minimum of 300 mtrs. wide on each side of the stream or river

bank. The length should depend upon size of user and source or

not less than 2000 mtrs. in length to get meaningful conservation.

However, greater the area better it would be for conservation of

water sources.

Provided that, the State Government by subsequent

notification shall declare to be a catchment area for a specific

streams or rivers as may be deemed expedient.

(2)

A drinking water catchment area to be either critical, sub-critical or

non-critical catchment area is to be decided by the district board. The

criteria for declaring as critical, sub- critical or non-critical shall be

governed by following yardsticks: -

(a)

From the lean period (dry months of say January - February)

discharge of the sources of minimum 3 years, if the trend of

reduction/ drying of sources indicates a situation wherein the

availability of water is either already less than the drinking water

requirement or is likely to become lesser in another 5 years, the

source could be declared as critical.

(b)

From the lean period discharge of the sources of minimum 3 years,

if it indicates a trend of reduction or drying of sources wherein the

availability of water is likely to become lesser than the water

requirement in another 5-30 years, the source could be declared

as sub-critical.

(c)

From the lean period discharge of the sources of minimum 3 years,

if it indicates a trend of reduction or drying of sources wherein the

availability of water is likely to become lesser than the water

requirement after 30 years, the source could be declared as non-

critical.

(3)

However, the declaration of an area as drinking water catchment area

has to be made by the administrative heads of the jurisdiction of the

catchment area. It could be either the DC/ADC/SDO/EAC/CO.

12.

(1) On the declaration of an area as drinking water catchment area under

section 11, the Government shall have the power to take such

measures as it deems necessary or expedient for the purpose of

protecting the catchment area.

(2)

In particular and without prejudice to the generality of the provisions of

sub-section (1) such measures may include all or any of the following

matters, namely-

(a)

Planting or advising the planting of trees and taking up of other

steps to regenerate the forests;

(b)

Testing of the soil samples;

(c)

In the case of a notified catchment area, prohibiting therein within

periphery shall apply thereof-

(i)

The felling of trees, destruction or clearance of grooves,

Measures for

protection of

Drinking water

catchment

areas.

water

catchment

area.

(iii)

Quarrying of sand or stone.

(iv)

Excavation of earth.

(v)

Open Defecation along the water bodies.

(vi)

Sewer outlets, disposal of solid waste.

(vii) The carrying out of any activity which in the opinion is likely to

damage the springs, streams, rivulets, lakes, glaciers or water

sources in the area.

(3)

In case of any unavoidable project of State or National interest covering

a portion or full part of notified catchment area, the exemption/limitation

of this Act shall be sanctioned by the State Government.

13.

Any activity proposed to be undertaken in the notified catchment area

which is eco-friendly and non- detrimental to catchment areas shall be

placed for approval from the district board.

14. (1) Where Government proposes to take any measure contemplated, it

shall publish a previous notice of its intention to do so in a manner as

may be prescribed inviting objections from persons likely to be affected

by the measures proposed.

(2)

If after consideration of objections received, Government may decide

to take any of the measures contemplated and the same shall be

notified in a manner as may be prescribed.

15.

On the measures being so notified no person shall undertake or carry on,

in the catchment area, any activity which is so prohibited except as given

in section 13.

16.

Any member of the statutory bodies as envisaged in this Act or person

empowered by the Government in this behalf shall have the right to enter at

any reasonable time, with such assistance as he considers necessary, upon

any land declared as drinking water catchment area including the extent

thereof, to inspect and verify the activities, if any, or in connection with any

function under this Act or rules made thereunder and every person claiming

to be the owner, occupier or otherwise of the land shall be bound to render all

assistance and if he fails to do or if he willfully delays or obstruct such

member or person he shall be guilty of an offence under this Act.

17.

Whoever contravenes the provisions of the Act,shall for the first offence

be punishable with fine which may amount to the extent of double of the

market price as assessed by the VWSC/designated experts on the

damage so caused and not below ` 5,000.00 (Rupees five thousand) only

in any case. For any subsequent offence, it shall be punishable with fine

upto three times the market price as assessed by the VWSC/ designated

expert which shall be enforced through the concerned VWSC in case of

rural areas and by appropriate authority in case of urban areas. In order to

encourage participation and effective imposition of the Act, the fine amount

shall be treated as a revenue to be distributed between VWSC and state

exchequer at a proportion of 80:20 respectively.

18. The State Government shall decide the competent authorities, as may be

deemed expedient.

19. Any person aggrieved by the order of Government to declare an area as a

drinking water catchment area or to take any measure as contemplated

in the Act or by any orders of the competent authority may within forty-

five days from the date of notification make an appeal to the district

board and its order on the appeal shall be final.

20. (1)

The provisions of this Act shall be in addition to and not in derogation

of the provisions of any other law for the time being in force;

(2)

In case the watershed or catchment areas encompasses the Anchal

Reserved Forests, Protected Forest, Village Reserved Forest,

Community Reserved Forest, Wildlife Sanctuaries, National Park,

Eco-Sensitive Zones (ESZs) and unclassed forests, the relevant Act(s)

or Law(s) under which they were declared as such in regard to the

protection and conservation of watershed or catchment areas shall

prevail provided they are serving the interest of the catchment area

Guidelines for

the competent

authority in dealing

with applications.

publication of

notice and

consideration

of objections.

Prohibition of

activities in

drinking water

catchment area.

Power of entry

to inspect and

verify.

Offences.

Competent

Authority.

Appeal.

Effect on

other

Laws.

21. (1)

The Government may by notification make rules to carry out purposes

of this Act.

(2)

Without prejudice to the generality of the foregoing power such rules

may provide for all or any of the following matters, namely: -

(a)

The manner and method of functioning of the Advisory Board/

District Board/Executive Committee/ VWSC;

(b)

Fees, if any, to be paid to non-official members and other persons

connected with the functions of the Board;

(c)

The form and manner of application for permission to carry on

any activity non- detrimental to the catchment area;

(d)

The guidelines for the competent authority to deal with applications

for permission;

(e)

The form and manner of notification to be issued regarding

measures to be taken;

(f)

The form and manner of issuing notice for entry upon any land for

inspection and verification;

(g)

The authorities and nodal agency to implement and monitor the

implementation of the Act;

(h)

Supply or collection of information and data; and

(i)

Any other matter that is required to be prescribed for the purpose

of this Act.

22.

If any difficulties arise in giving effect to the provisions of this Act, the State

Government may by order not inconsistent with the provisions of this Act,

remove the difficulties.

Onit Panyang, IAS

Commissioner to the

Government of Arunachal Pradesh,

Itanagar.

———————

Power to

remove

difficulties.

Power to

make rules.

P bli h d

d P i t d b

f P i ti

N h

195/2023 D P 250+S

(LA) 50+C

)