(lxix)

Haryana Government Gazette

EXTRAORDINARY

Published by Authority

No. 182–2020/Ext.]

CHANDIGARH, MONDAY, DECEMBER 7, 2020

(AGRAHAYANA 16, 1942 SAKA )

LEGISLATIVE SUPPLEMENT

CONTENTS

PART - I

ACTS

PAGES

THE HARYANA WATER RESOURCES (CONSERVATION,

REGULATION AND MANAGEMENT) AUTHORITY ACT, 2020

(HARYANA ACT NO. 29 OF 2020).

THE PUNJAB VILLAGE COMMON LANDS (REGULATION) HARYANA

AMENDMENT ACT, 2020 (HARYANA ACT NO. 30 OF 2020).

THE HARYANA PANCHAYATI RAJ (SECOND AMENDMENT) ACT, 2020

(HARYANA ACT NO. 31 OF 2020).

205–216

217

219–223

PART - II

ORDINANCES

NIL

PART - III DELEGATED LEGISLATION

NIL

PART - IV CORRECTION SLIPS, REPUBLICATIONS AND REPLACEMENTS

NIL

HARYANA GOVT. GAZ. (EXTRA.), DEC. 7, 2020 (AGHN. 16, 1942 SAKA)

205

PART – I

HARYANA GOVERNMENT

LAW AND LEGISLATIVE DEPARTMENT

Notification

The 7th December, 2020

No. Leg. 39/2020.— The following Act of the Legislature of the State of Haryana

received the assent of the Governor of Haryana on the 26th November, 2020 and is hereby

published for gerenal information :–

HARYANA ACT No. 29 of 2020

THE HARYANA WATER RESOURCES (CONSERVATION, REGULATION AND

MANAGEMENT) AUTHORITY ACT, 2020

ACT

to establish the Haryana Water Resources (Conservation, Regulation and Management)

Authority for conservation, management and regulation of water resources i.e. ground water and

surface water within the State of Haryana for ensuring the judicious, equitable and sustainable

utilization, management, regulation thereof, fix the rates for use of water and for matters

connected therewith or incidental thereto.

Be it enacted by the Legislature of the State of Haryana in the Seventy-first Year of the

Republic of India as follows:–

(1)

This Act may be called the Haryana Water Resources (Conservation, Regulation

and Management) Authority Act, 2020.

(2)

It extends to the whole of the State of Haryana.

(3)

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

Short title, extent

and

commencement.

In this Act, unless the context otherwise requires,-

(a)

“Authority” means the Haryana Water Resources (Conservation, Regulation and

Management) Authority established under section 3;

(b)

“Bulk Water Entitlement” means the volumetric entitlement to a share of the

surface water resources produced by a project, river system or storage facility, for a

specific category or categories of use, and deliverable within a specific period of

time as specifically provided in the order granting the entitlement;

Definitions.

(c)

“category of usage” means the use of water resources for different purposes such as

drinking, domestic, irrigation, industrial or commercial purposes and includes such

other purposes, as may be specified by the Authority;

(d)

“Chairperson” means the Chairperson of the Authority;

(e)

“entity” means an organization or authority established under any law, including

the Gram Panchayat, Panchayat Samiti, Zila Parishad, Municipality and any other

Board or Corporation established by the Union Government or the Government of

Haryana or any of its department;

(f)

“Government” means the Government of the State of Haryana in the administrative

department;

(g)

“groundwater” means water occurring under its natural state, where it exists below

the surface in the zone of saturation whereby it can be extracted through wells or

any other means or emerges as springs and base flows in streams and rivers;

(h)

“Member” means a Member of the Authority;

(i)

“person” includes an individual, a company, a firm, an association of individuals or

a body of individuals, whether incorporated or not;

(j)

“prescribed” means prescribed by the rules made under this Act;

(k)

“regulations” means the regulations made by the Authority under this Act;

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HARYANA GOVT. GAZ. (EXTRA.), DEC. 7, 2020 (AGHN. 16, 1942 SAKA)

(l)

“Selection Committee" means the Selection Committee constituted under section 5;

(m)

“State” means the State of Haryana;

(n)

“Sub-surface entitlement” means an individual or Bulk Water Entitlement to a

volumetric quantity of water to be extracted in the command area of 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 field or wells duly and legally

permitted, registered and constructed in accordance with the standards specified by

the Authority;

(o)

“volumetric” means a measurement of water on the basis of volume;

(p)

“water” includes surface and groundwater;

(q)

“Water User Entity" means any Water User's Association, Utility, Industrial User's

Association, Other User's Association or any other group which is authorized by

the Authority to receive and utilize a water entitlement.

Establishment

and

incorporation of

Authority.

(1)

The Government shall, by notification in the Official Gazette and with effect from

such date, as may be specified in the notification, establish, for the purposes of this Act, an

Authority to be called the Haryana Water Resources (Conservation, Regulation and

Management) Authority.

(2)

The Authority shall be a body corporate by the name aforesaid, having perpetual

succession and a common seal, with power to acquire, hold and dispose of property both

movable and immovable, and to contract and do all things necessary for the purposes of this Act

and shall by the said name, sue or be sued.

(3)

The head office of the Authority shall be at such place, as may be notified by the

Government.

(4)

The Authority shall consist of the Chairperson and four Members.

Qualifications for

appointment of

Chairperson and

Members.

(1)

The Chairperson shall be a person of ability and integrity who has served as

Additional Chief Secretary to Government, Haryana with experience in dealing with

management of water resources including science, technology or engineering matters connected

with water resource:

Provided that preference shall be given to a person who has served as Additional

Chief Secretary to Government, Haryana, Irrigation and Water Resources Department.

(2)

The Member shall be a person of ability, integrity and standing, who have

minimum experience of twenty years in dealing with the management of water resources

including science, technology or engineering matters concerned with water resources.

(3)

The Chairperson and Members shall be appointed by the Government on the

recommendation of the Selection Committee.

Constitution of

Selection

Committee.

(1)

The Government shall, by notification in the Official Gazette, for the purpose of

appointment of Chairperson and Members, constitute a Selection Committee which shall be

headed by the Chief Secretary, Haryana and consist of Administrative Secretary to Government,

Haryana, Irrigation and Water Resources Department as Member-Secretary and two other

members having knowledge in the fields of science, technology or engineering matters

concerned with water resources or management of water resources.

(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 and six

months before the end of tenure of Chairperson or any Member, make a reference to the

Selection Committee for filling up of the vacancy.

(3)

The Selection Committee shall recommend to the Government, a panel of at least

two names for every vacancy referred to it:

Provided that the Government may return the panel to the Selection Committee for

reconsideration and to recommend the panel afresh.

(4)

No appointment of the Chairperson or Member shall be invalid merely by reason

of any vacancy in the Selection Committee.

HARYANA GOVT. GAZ. (EXTRA.), DEC. 7, 2020 (AGHN. 16, 1942 SAKA)

207

(1)

No person shall serve as Chairperson or Member after he has attained the age of

sixty-five years.

(2)

The Chairperson and Member shall hold office for a term of three years, from the

date on which he enters upon his office:

Provided that no person shall serve as Chairperson or Member for more than two

terms.

(3)

The salary, allowances and other terms and conditions of service of the

Chairperson and Members shall be such, as may be prescribed.

(4)

The Chairperson and Member shall, before entering upon his office, make and

subscribe to an oath of office and secrecy in such form and in such manner and before such

authority, as may be specified by regulations.

(5)

Notwithstanding anything contained in sub-sections (1) and (2), the Chairperson or

any Member may,-

(i)

relinquish his office by giving in writing, to the Government, a notice of not

less than three months; or

(ii)

be removed from his office in accordance with the provisions of section 7.

Term of office,

salary and

allowances and

other conditions

of service of

Chairperson and

Member.

(1)

The Government may, institute an inquiry and based on findings, by order, may

remove from office, the Chairperson or any Member, if the Chairperson or such Member, as the

case may be,–

(i)

has been adjudged an insolvent; or

(ii)

has been convicted of an offence which, in the opinion of the Government,

involves moral turpitude; or

(iii)

has become physically or mentally incapable of acting as Chairperson or

Member; or

(iv)

has acquired such financial or other interest as is likely to affect

prejudicially his function as the Chairperson or Member; or

(v)

has so abused his position as to render his continuance in office prejudicial

to the public interest; or

(vi)

if a declaration under sub-section (3) is found to be false or untrue; or

(vii)

any other ground, as may be prescribed:

Provided that the Chairperson or any Member shall not be removed from his office

under clauses (iv) to (vi) without being given a reasonable opportunity of being heard.

Removal of

Chairperson or

Member.

(2)

The Government may, during the period of inquiry, as mentioned in

sub-section (1), against the Chairperson or any Member, suspend such Chairperson or Member

from discharging the duties of his office.

(3)

The Chairperson and Members shall, as soon as may be after appointment and

every year thereafter, make a declaration, in such form and manner, as may be specified by

regulations, on the extent of his interest, whether direct or indirect and whether pecuniary or

otherwise, concerning or related to the affairs of the Authority and the declaration so made shall

be placed on the website of the Authority.

(1)

The Government may, appoint an officer who has served in the State of Haryana,

as Secretary of the Authority to exercise such powers and perform such functions, as may be

specified by regulations.

(2)

The salary, allowances and other terms and conditions of service of the Secretary,

shall be such, as may be prescribed.

(3)

The Authority may with the prior approval of the Government, appoint such

officers and other staff, in such manner and with such qualifications, as may be specified by

regulations.

(4)

The salary, allowance payable to and other terms and conditions of service of

officers and other staff of the Authority shall be such, as may be specified by regulations.

Staff of Authority.

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(5)

The Authority may, with the prior approval of the Government, from time to time,

appoint, any Government officer or expert in the field of water sector or administration, as

deemed necessary, on temporary basis, as may be specified by regulations.

(6)

The Authority may, with the prior approval of the Government, appoint or hire, on

such terms and conditions, consultants, Non-Government Organization or third party agencies to

assist the Authority to discharge its functions, on temporary basis, as may be specified by

regulations.

Proceedings of

Authority.

(1)

The Authority shall meet at the head office, at such time, as the Chairperson may

direct and shall observe such rules of procedure with regard to the transaction of business at its

meetings, as may be specified by regulations.

(2)

The quorum necessary for the transaction of business at a meeting of the Authority

shall be not less than three Members.

(3)

The Chairperson, or if he is unable to attend a meeting of the Authority, any other

member nominated by the Chairperson in this behalf and, in the absence of such nomination or

where there is no Chairperson, any Member chosen by the Members present from amongst

themselves, shall preside over the meeting.

(4)

All questions which come up before any meeting of the Authority shall be decided

by a majority of votes of the Members present and voting, and in the event of an equality of

votes, the Chairperson or the person presiding shall have the right to exercise a second or casting

vote.

(5)

Save as otherwise provided in sub-section (4), every Member shall have one vote.

(6)

In case the Chairperson is unable to perform his duties due to illness or otherwise

for a period of more than one month, the Government may nominate one of the Members to

discharge the duties of the Chairperson till a Chairperson is appointed or he rejoins office, as the

case may be.

(7)

All orders and decisions of the Authority shall be authenticated by the Secretary or

any other officer of the Authority duly authorized by the Chairperson in this behalf.

Vacancy not to

invalidate act or

proceeding.

10.

No act or proceedings of the Authority shall be questioned or shall be invalidated merely

on the ground of the existence of any vacancy or defect in the constitution of the Authority.

Integrated State

Water Plan.

11.

(1)

The Authority shall prepare, within one year from the notification issued under

sub–section (1) of section 3, and every three years thereafter, an Integrated State Water Plan

based on water plans prepared for every block.

(2)

The Government may, on the recommendation of the Authority, if deemed

necessary, divide the State into different categories based on the stage of groundwater

development, the trend of groundwater level depletion, the level of water table, quality of

groundwater, availability of surface water or other relevant criteria, as it may deem appropriate in

view of the local conditions:

Provided that the categorization shall not take effect unless a notice in this regard

is published and objections, if any, are decided in such manner, as may be prescribed.

(3)

The Authority may, with prior approval of the Government, conduct or cause to be

conducted, annually or at such periods, as the Authority may deem necessary, field studies for

the purpose of categorization of the State into zones of ground water resource potential, usage

and recharge.

(4)

Based on the categorization notified under sub-section (2), the Water Plan for

every block or for any area within the block shall be prepared by the Authority, in such manner,

as may be prescribed and it shall cover all aspects of demand and supply of water for various

purposes.

(5)

The Integrated State Water Plan shall be placed before the Government or any

authority authorized by the Government in this behalf, which may, with such modifications as

deemed necessary, approve it within a period of six months from the date of submission.

HARYANA GOVT. GAZ. (EXTRA.), DEC. 7, 2020 (AGHN. 16, 1942 SAKA)

209

(6)

The Authority shall review and revise the Integrated State Water Plan after every

three years from the date of its approval by the Government.

12.

(1)

The Authority may, with the prior approval of the Government, issue directions

with regard to the development, management and conservation of water resources of the State in

accordance with the Integrated State Water Plan.

(2)

The Authority may, with the prior approval of the Government, impose

restrictions, if any, for categorization water resource potential, usage and recharge across the

State.

(3)

The Authority shall, prepare and get approved a framework from the Government,

for granting permissions under section 16 or to achieve any other purposes of this Act.

(4)

The Authority may, with prior approval of the Government, issue directions, by

giving notice and inviting objections, if any, in such form and in such manner, as may be

prescribed, regarding the development, use, management and conservation of water resources

which may include the following, namely:-

(a)

conditions for operation of existing water extracting structures and their

regularization;

(b)

restrictions on the utilization of groundwater;

(c)

specifying areas in which the water users including industrial operations or

processes utilizing groundwater shall not be carried out or shall be carried

out subject to certain conditions and safeguards;

(d)

optimal use of water for domestic, irrigation or industrial use;

(e)

drilled or already dug structures for extraction of groundwater without

registration;

(f)

users drawing groundwater to register the extraction structure with the

Authority or with such entity, as may be specified by the Authority within a

given period;

(g)

efficient use of water and to minimize the wastage or misuse of water and to

promote recycling and reuse of water;

(h)

installation and maintenance of instruments for measuring the quality and

level of ground water and for volumetric measurement of the quantum of

ground water extraction;

Powers, functions

and duties of

Authority.

(i)

promote micro irrigation techniques, sustainable technologies and energy

efficient systems with a view to safer environment;

(j)

water conservation and groundwater recharge, including rainwater

harvesting;

(k)

to determine the priority of distribution of water resources available in the

State and strive for equitable distribution;

(l)

to regulate extraction of groundwater for drinking, domestic, industrial,

commercial and agriculture use; and

(m)

any other directions, as may be considered necessary to achieve the

objectives of this Act.

(5)

The Authority may, from time to time, issue advisories to the Government,

regarding effective implementation of policies and programs of the Union Government and

Government of Haryana for development, management, and conservation of water resources, as

follows:–

(i)

sustainable operation and maintenance of the water infrastructure and water

delivery systems within the State;

(ii)

to promote sustainable water regime in the public interest, based on the

long-term projection of available resources;

(iii)

to reduce and prevent pollution and degradation of water resources;

(iv)

utilization and storage of surface runoff;

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(v)

optimum utilization of the irrigation potential created in the State;

(vi)

fixing priorities for use of canal water for different purposes;

(vii)

adoption of the latest technologies in the water sector;

(viii) promoting water conservation awareness;

(ix)

facilitating the implementation of the Water Security Plan;

(x)

detection and prevention of contamination of water;

(xi)

increasing water efficiency in agriculture and other sectors;

(xii)

water audit of irrigation, multipurpose water projects, canal systems giving

a systematic and scientific water account of the projects and canal system.

(6) The Authority may, publish or cause to be published such reports to disseminate

scientific data and information to generate public awareness about water and its management.

(7)

The Authority shall make recommendations to the Government for the

establishment of a system for enforcement, monitoring and measurement of the quality and type

of water use in compliance with the entitlements as issued by the Authority.

(8)

The Authority shall publish report with regard to the Ground Water Resources and

Surface Water Resources in the State annually.

(9)

The Authority shall, make recommendations to the Government, for monitoring

and implementation of stipulated quality standards for disposal of wastewater by various water

users such that the wastewater is at least of such quality as may be prescribed, so that it may be

used for irrigation and take actions against violators.

(10)

The Authority shall recommend Bulk Water Entitlements for rural water supply,

municipal water supply, irrigation water supply or industrial / commercial water supply.

(11)

All orders and decisions of the Authority shall be authenticated by the Chairperson

or any other officer of the Authority duly authorized by the Chairperson.

(12) The Authority shall have the power to take suo-moto cognizance of any subject

dealing or involving water and issue directions with prior approval of the Government.

(13) The Authority shall recommend parameters for the categorization of the blocks or

for areas within the block to the Government.

(14)

The Authority may, through deployment of modern technological tools, map the

aquifer in the State, prepare hydrological map and integrate these inputs in comprehensive water

resources plan and impose such restrictions/obligations and mechanisms to make the water

regime sustainable in the State.

(15)

The Authority may, in consultation with the Government, carry out or cause to be

carried out surveys, investigations and research relating to conservation, usage, or quality of

water etc.

State

Groundwater

and Surface

Water Plan.

13.

(1)

The Authority shall, consolidate and prepare State Groundwater and Surface Water

Plan, based on the plans received from the District Water Resources Planning Committees, by

giving notice and inviting objections, if any, in such form and in such manner, as may be

prescribed.

(2)

The Authority may, in consultation with the Government, engage experts and

consultants, on temporary basis, for formulation of district ground water and surface water plans,

input parameters, templates and capacity building.

(3)

The Authority shall submit the State Groundwater and Surface Water Plan to the

Government for consideration and approval.

District Water

Resources

Planning

Committee.

14.

(1)

There shall be a District Water Resources Planning Committee, at each district of

the State, which shall prepare District Water Resources Plan.

(2)

The composition of District Water Resources Planning Committee shall be such,

as may be prescribed.

HARYANA GOVT. GAZ. (EXTRA.), DEC. 7, 2020 (AGHN. 16, 1942 SAKA)

211

(3)

The District Water Resources Planning Committees shall perform the following

functions, namely:-

(i)

to prepare District Water Resources Plan comprising of block-wise/ area-

wise plans by giving notices and inviting objections, if any, in such form

and in such manner, as may be prescribed;

(ii)

to consider and decide, within a period of two months, all objections

received against the District Water Resource Plans and finalize the District

Water Resource Plan and submit to the Authority;

(iii)

to identify and demarcate such areas which are found affected with water

resources quality and pollution hazards for the purpose of prevention and

control of water including ground water and surface water pollution in such

areas and also to find safe water quality zones for potable water supply.

15.

(1)

The Authority shall prepare the State Water Security Plan, which shall be finalised

after approval by the Government, taking into account progressively available information

regarding water resources, including aquifer, in consultation with elected local representatives.

(2)

The objectives of the Water Security Plan shall be:-

(a)

attainment of sufficient quantity of safe water for life and sustainable

livelihoods;

(b)

ensuring water security even in times of emergencies like droughts, floods

and pandemics or any natural calamity etc.

(3)

The Water Security Plan shall be prepared at the lowest administrative level,

taking into account the fact that where an aquifer does not fall under the jurisdiction of a single

Gram Panchayat, block, district, ward or municipality, the plan must integrate inputs at all the

levels of the Authority under whose jurisdiction the whole aquifer falls.

Water Security

Plan.

16.

(1)

All permissions to use water other than the permissions granted under the Haryana

Canal and Drainage Act, 1974 (29 of 1974), shall be granted by the Authority:

Provided that the Administrative Secretary to Government, Haryana, Irrigation and

Water Resources Department, shall grant permissions, under the provisions of this Act, after the

notification under sub-section (1) of section 3 and till the Authority is constituted.

(2)

Any entity or person, who intends to use water shall apply to the Authority, in such

form and in such manner, along with such fee, as may be prescribed, for permissions for

construction and installation of any infrastructure or contraption etc., as the case may be.

Permissions.

17.

The Government may, in consultation with the Authority, by notification in the Official

Gazette, relax any restriction imposed under this Act.

Relaxation of

restrictions.

18.

(1)

The Authority shall recommend to the Government, tariff for all uses of surface

water and use and disposal of treated wastewater.

(2)

The tariff shall be determined by the Authority and shall be based on the principles

of economy, efficiency, equity and sustainability, in such manner, as may be prescribed. As far

as possible, the tariff shall be based on volumetric measurements of water consumption and shall

be designed reasonably.

Tariff for use or

disposal of

water.

19.

(1)

The Authority may appoint any of its officer or, in consultation with Government,

such officer as may be nominated by the Government, as Enquiry Officer for the purposes of

making any inquiry under this Act:

Provided that nothing in this section shall prevent the Authority to conduct any

inquiry on its own.

(2)

The Authority or the Enquiry Officer appointed under sub-section (1), shall

have the powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Central

Act 5 of 1908) in respect of the following matters, namely:-

(i)

summoning and enforcing the attendance of any person and examining him

on oath;

(ii)

requiring the discovery and production of documents;

Power of

Authority to

appoint Enquiry

Officer.

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HARYANA GOVT. GAZ. (EXTRA.), DEC. 7, 2020 (AGHN. 16, 1942 SAKA)

(iii)

receiving evidence on affidavits;

(iv)

requisitioning any public record or copy thereof from any court or office;

(v)

issuing summons for examination of witnesses.

(3)

The Enquiry Officer shall, on conclusion of the inquiry, present his report to the

Authority:

Provided that the Enquiry Officer shall, submit interim report to the Authority, as

and when required by the Authority.

(4)

The Authority may, on the conclusion of the inquiry, made by the Authority or on

receipt of the final or interim report from the Enquiry Officer, take such action as it deems fit,

subject to the provisions of this Act.

Power of entry

and inspection.

20.

Any person appointed as Enquiry Officer under section 19 or specially empowered by the

Authority in this behalf, shall have the right to enter, at all reasonable times with such assistance,

as he may consider necessary, any place for the purpose of determining whether and, if so, in

what manner, orders or directions given by the Authority under this Act are being complied with.

Self-regulation,

rainwater

harvesting,

groundwater

recharge,

re-cycling and

re-use, prevention

of water logging.

21.

(1)

The inhabitants of the State shall be encouraged by the Authority for adopting the

process of self-regulation.

(2)

In order to protect, conserve and regulate ground water and surface water resources

in the water stressed areas, the process of self-regulation shall be adopted, in the following

manner, namely:–

(i)

the inhabitants shall ensure that by applying desired quantity of irrigation

water/number of watering to the crop, as per the requirement of water

scientifically recommended for different crops so that the wastage of ground

water, surface water and over- irrigation is avoided;

(ii)

the inhabitants of State shall be encouraged to adopt various water

conservation/ water saving practices including farm-bunding, farm ponds,

use of seeds of low water crops, use of drip and sprinkler irrigation systems

and other water saving techniques;

(iii)

every user of water, in both rural and urban areas, shall be encouraged to

extract and use ground water and surface water in an economical and

efficient way, avoid waste of water, give priority to recycled water, adopt

rain water harvesting and recharging methods.

(3)

The Authority shall encourage rainwater harvesting and catchment conservation as

per geohydrological conditions. The Authority shall sensitize different users of ground water

about the suitable technologies of rainwater harvesting structures in stressed urban and rural

areas. Users of ground water may obtain suitable technical drawings and design of rain water

harvesting system from the Authority.

(4)

Notwithstanding anything contrary contained in any other State law for the time

being in force, the Authority may recommend conditions stipulated under existing building bye

laws for providing roof-top rainwater harvesting structures, duly issued by the Government by

notification. Such stipulations shall be binding on concerned Government agencies sanctioning

or approving building plans.

(5)

The Authority shall ensure catchment conservation which shall include

groundwater conservation/ appropriate recharging structures depending on the nature of the

terrain soil conditions and geohydrology of the area.

(6)

The Authority shall encourage re-cycling and re-use of water for non-potable

urban, industrial and agricultural use.

(7)

The Authority shall discourage and prevent such activities that are likely to lead to

potential water logging of land and shall undertake all possible regulatory measures for the

protection of land against water-logging.

(8)

The Authority shall encourage water-logging mitigation measures to be adopted by

using appropriate processes and technologies in consultation with the concerned departments/

bodies.

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213

22.

Whoever fails to comply with or contravenes any direction or order issued under this Act

or abets the contravention or non-compliance thereof, shall be deemed to have committed an

offence under this Act and shall, on conviction, be punishable,-

(i)

for the first offence, with a fine upto fifty thousand rupees; and

(ii)

for the subsequent offence, with an imprisonment for a term which may extend to

six months or with fine which may extend to one lakh rupees, or both.

Punishment for

offences.

23.

(1)

Where an offence under this Act has been committed by a company, every person

who at the time, when the offence was committed was in charge of and was responsible to the

company for the conduct of business of the company, as well as the company, shall be deemed to

be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person

liable to any punishment provided in this Act, if he proves that the offence was committed

without his knowledge or that he has 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 that the 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 officer of the company, such director, manager, secretary or other

officer shall also be deemed to be guilty of the offence and shall be liable to be proceeded against

and punished accordingly.

Explanation.— For the purposes of this section-

(a)

“company” means a body corporate and includes a firm or association of

persons or body of individuals, whether incorporated or not;

(b)

“director” in relation to a firm, means a partner in the firm and in relation

any association of persons or body of individuals, means any member

controlling the affairs thereof.

Offences by

companies.

24.

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 officer duly authorized by the Authority.

Cognizance of

offences.

25.

(1)

A person or entity shall be liable for such penalty, as may be prescribed, for

unauthorized acts, if such person or entity,-

(i)

constructs or installs new structure or makes alterations in existing

structures without permission in such areas where such permission is

required under the provisions of this Act;

(ii)

violates any terms and conditions imposed by the Authority under the

provisions of this Act;

(iii)

exploits or degrades or pollutes the quality of water or harms or causes to be

harmed in order to degrade the quality of water;

(iv)

drills or digs for extraction of groundwater without prior permission;

(v)

causes hindrance or abets hindrance in the works of water infrastructure;

(vi)

damages or caused to be damaged or abet to damage any water

infrastructure;

(vii)

commits such acts or violates such conditions, as may be prescribed.

Unauthorized acts.

26.

(1)

The Authority may compound an unauthorized act on payment of such penalty, as

may be prescribed. The amount of penalty shall be deposited with the Government.

(2)

On payment of penalty referred to under sub-section (1), no further proceeding

shall be taken against the person committing unauthorized acts, in respect of the same act and

any proceedings, if already taken or initiated, shall stand abated.

(3)

If any person or entity, who has been held liable under section 25 is again found

guilty of an unauthorized act involving a contravention of the same nature, shall on the second

and on every subsequent conviction be liable to a fine which shall not be less than five times of

the penalty prescribed under sub-section (1) of section 25 which may extend upto ten times or to

imprisonment not exceeding six months or with both.

Compounding of

unauthorized acts.

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HARYANA GOVT. GAZ. (EXTRA.), DEC. 7, 2020 (AGHN. 16, 1942 SAKA)

Directions by

Government.

27.

(1)

The Government may issue to the Authority such general or special directions in

writing in the matters of policy involving public interest and the Authority shall be bound to

follow and act upon such direction.

(2)

If any question arises as to whether any such direction relates to a matter of policy

involving public interest, the decision of the Government thereon shall be final.

Chairperson,

Members, officers

and other staff of

Authority to be

public servants.

28.

The Chairperson, Members, officers and other employees of the Authority and every

other officer exercising any of the powers conferred by this Act or rules or regulations made

thereunder, shall be deemed to be a public servant within the meaning of section 21 of the Indian

Penal Code, 1860 (Central Act 45 of 1860).

Protection of

action taken in

good faith.

29.

No suit, prosecution or other legal proceedings shall lie against any person for anything

done or intended to be done in good faith in pursuance of the provisions of this Act or rules or

regulations made thereunder.

Power of

Government to

make rules.

30.

(1)

The Government may, by notification, make rules for carrying out any or all the

purposes of this Act.

(2)

In particular, and without prejudice to the generality of the forgoing power, such

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

(i)

salary, allowances and other terms and conditions of Chairperson and

Members under sub-section (3) of section 6;

(ii)

any other ground for removal of Chairperson or Members under clause (vii)

of sub-section (1) of section 7;

(iii)

salary, allowances and other terms and conditions of service of Secretary

under sub-section (2) of section 8;

(iv)

the form and manner for publication of notice and inviting objections under

proviso to sub-section (2) of section 11;

(v)

manner for preparing water plan for every block or any area within block

under sub-section (4) of section 11;

(vi)

quality of waste water to be used for irrigation under sub-section (9) of

section 12;

(vii)

the form and manner for publication of notice and inviting objections under

sub-section (4) of section 12, under sub-section (1) of section 13;

(viii) the composition of District Water Resources Planning Committee under

sub-section (2) of section 14;

(ix)

the form and manner for publication of notice inviting objections with

regard to District Water Resources Plan under clause (i) of sub-section (3)

of section 14;

(x)

the manner, form and fee for making application for permission under

sub-section (2) of section 16;

(xi)

the applicability, quantum and procedure of imposition of tariff under

sub-section (2) of section 18;

(xii)

the penalty under sub-section (1) of section 25;

(xiii) the penalty for compounding unauthorized act under sub-section (1) of

section 26;

(xiv) the manner for appropriation of fund of the Authority under section 34;

(xv)

the form and manner for maintaining proper account and other records

under sub-section (1) of section 35;

(xvi) the form and manner for preparing annual report of full activities and date

for submission under sub-section (1) of section 36;

(xvii) any other matter which has to be or may be prescribed.

(3)

Every rule made under this Act shall be laid down, as soon as may be before the

State Legislature.

HARYANA GOVT. GAZ. (EXTRA.), DEC. 7, 2020 (AGHN. 16, 1942 SAKA)

215

31.

The Authority may, by notification, make regulations for all or any of the matters

provided under this Act which in the opinion of the Authority, are necessary for the exercise of

its powers and the discharge of its functions under this Act.

Power of

Authority to

make

regulations.

32.

(1)

The provision of this Act shall have effect, notwithstanding anything inconsistent

therewith contained in any other State law for the time being in force.

(2)

The provision 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.

Effect of other

laws.

33.

(1)

If any difficulty arises in giving effect to the provisions of this Act, the

Government may, by order published in the Official Gazette, make such provision not in

consistent with the provisions in this Act, as appear to it to be necessary or expedient for

removing such difficulties:

Provided that no order shall be made under this section after the expiry of two

years from the date of commencement of this Act.

(2)

Every order made under sub-section (1) shall, as soon as may be, after it is made,

be laid before the State Legislature.

Power to

remove

difficulties.

34.

(1)

The fund of the Authority shall consist of the amount to be paid to it by the

Government and all other receipts by way of gift, grant, penalties, fee, user charges or otherwise

and shall be utilized for making payments and for performing its duties and discharging its

functions under this Act.

(2)

The Authority may receive Corporate Social Responsibility Fund from private

organizations. The Authority may release funds to or receive funds from any other Department or

any organization of State for implementation of the scheme or programme as a deposit work in

such manner, as may be prescribed.

(3)

The Authority may keep in saving or deposit account with any scheduled bank or

co-operative or other bank approved by the Government in this behalf, such sum of money out of

its fund, as it may determine and any money in excess of the said sum shall be invested in such

manner, as may be prescribed.

Fund of

Authority.

(4)

The accounts shall be operated in such manner and by such officer, as may be

prescribed.

35.

(1)

The Authority shall maintain proper accounts and other relevant records and

prepare an annual statement of accounts including the balance sheet in such form and manner, as

may be prescribed.

(2)

The accounts of the Authority shall be subject to audit annually by the Accountant

General, Haryana and any expenditure incurred in connection with such audit shall be payable by

the Authority.

(3)

The Accountant General, Haryana and any person appointed by him in connection

with the audit of accounts of the Authority shall have the same rights, privileges and authority in

connection with such audit as the Accountant General, Haryana has in connection with the audit

of the Government accounts and in particular, shall have right to demand the production of

books, accounts, connected vouchers and other documents and papers and to inspect the office of

the Authority.

(4)

The accounts of the Authority as certified by the Accountant General, Haryana or

any person appointed by him in this behalf together with the audit report thereon and an

explanatory memorandum on the action so taken or proposed to be taken shall be forwarded

annually to the Government and the Government shall cause a copy of the same to be laid before

the State Legislature.

(5)

The Authority shall cause the accounts of the Authority together with the audit

report and the explanatory memorandum to be placed on the website of the Authority after the

report has been laid before the State Legislature under sub-section (4).

Accounts and

audit.

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HARYANA GOVT. GAZ. (EXTRA.), DEC. 7, 2020 (AGHN. 16, 1942 SAKA)

Annual Report.

36.

(1)

The Authority shall prepare for every year a report of its activities during that year

and submit the annual report to the Government in such form and manner and on or before such

date, as may be prescribed and the Government shall cause the report to be laid before the State

Legislature.

(2)

The report referred to in sub-section (1) shall include an explanatory memorandum

on the status of implementation of the annual plan of action on relief measures, schemes

implemented along with gaps and shortfalls, if any, in implementation and reasons for such

shortfall.

(3)

The Authority shall cause the report together with the explanatory memorandum to

be placed on the website of the Authority after the report has been laid before the State

Legislature under sub-section (1).

____________

BIMLESH TANWAR,

Administrative Secretary to Government,

Haryana, Law and Legislative Department.

8990—L.R.—H.G.P. Pkl.