THE
JHARKHAND GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
17 VAISHAKH 1946 (S)
RANCHI, TUESDAY 7th MAY, 2024
DRAFT
--------
28th March, 2024
No: -1/PMC/Vividh/1085/ 2023/341--
“Jharkhand Surface Water Allocation Rules, 2023”
In exercise of the powers conferred to The Bihar Irrigation Act, 1997(adopted) under section 115(1), the
Governor of Jharkhand hereby makes the following rules-
Introduction
Jharkhand state is rich in minerals and there is vast potential for industrialisation across various
parts of the State to increase opportunities of employment for better livelihood as well as to
increase the GDP of the State. With this endeavour, state in past has arranged mega events
wherein from across the country, the industrial commercial organisations were invited to explore
their possibilities for setup industries in the state and consequently number of MoUs have been
signed with the State. Water is essential commodity for setup of industries. Providing municipal
water to rural/urban populations of Jharkhand is also of utmost importance. As a part of this
endeavour, the industrial/commercial organisations are allowed to draw water from surface
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Jharkhand Gazette (Extraordinary), Tuesday 7th May, 2024
2
sources during operation of the industries/plants or commercial activities. To address the need
for a uniform set of guidelines and an appropriate mechanism to regulate water allocation and its
renewal, this rule has been framed.
1.
Short Title, Extent and Commencement
(1)
This rule shall be called “Jharkhand Surface Water Allocation Rules, 2023”
(2)
It shall come into force from the date of publication in Gazette Notification.
(3)
It extends to the whole state of Jharkhand.
2.
Definitions:-
In this rule otherwise stated the following shall mean:-
(a)
"Agreement" means Jharkhand Surface Water Allocation Agreement (JSWAA) in prescribed
format;
(b)
"Commitment Charges" means charges levied on unutilised quantity
ofallocated water to
an industrial/commercial organisation;
(c)
"CDO" means Chief Engineer, Design Master Planning & Hydrology, Ranchi;
(d)
"Department" means Water Resources Department, Govt. ofJharkhand;
(e)
"Departmental Secretary" means Additional Chief Secretary/Principal Secretary/Secretary of
Water Resources Department, Govt. of Jharkhand;
(f)
"Designated Authority" means Zonal Chief Engineer, Water Resources Department, Govt. of
Jharkhand or his authorised representative;
(g)
"DoI" means Department of Industries, Govt. Of Jharkhand;
(h)
"GoJ" means Government of Jharkhand;
(i)
"Surface Water" means any body of water above ground including streams, river, reservoir,
canal, streams etc.
(j)
"Notification" means notifying the policy in official gazette of Govt. of Jharkhand;
(k)
"Rules" means Jharkhand Surface Water Allocation Rules 2023;
(l)
"Renewal" means renewal of agreement.
(m)
"Modification" means reduction/enhancement in quantity of allocated water.
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3
(n)
"Water Allocation Committee (WAC)" means committee formed by the ‘Water Resources
Department’ to look in to water allocation and related matters, and give its recommendation;
(o)
"Dam" means a barrier constructed across a river/streams to hold back water and raise its level,
forming a reservoir;
(p)
"River" means a natural flowing stream;
(q)
"Regulated Flow" means controlled flow of water through channel/rivers by some suitable
mechanism across the channel;
(r)
"Unregulated Flow" means uncontrolled flow of water in natural streams/ rivers;
(s)
"Private Dam" means a dam constructed by other than State Government;
(t)
"CWC" means Central Water Commission;
(u)
"NGT" means National Green Tribunal;
(v)
"Lean Period" means December – May when natural flows are at their lowest.
(w)
"Act" means Bihar Irrigation Act, 1997 (adopted by State of Jharkhand).
Words and expressions used and not defined herein shall have the same meaning as are assigned
to them in the Rule.
3.
Surface Water Allocation to the industrial /commercial organisations
A.
Water Allocation Procedure
(i)
The surface water allocation to the industrial/commercial organisation shall be based upon their
requirement and online application to Department for allocation of water justifying their demand
from surface sources (river/nala/stream/reservoir/downstream of reservoir/canal). For allocation
of water for industrial/commercial/municipal use the applicant industrial/commercial
organisations
shall
apply
online
through
single
window
portal
[https://advantage.jharkhand.gov.in] enclosing all necessary documents such as index map
showing latitude & longitude of source point, MoU executed with the Govt. Of Jharkhand with
full details of quantity of water requirement along with a non-refundable application fee of
Rs.20,000/- (Rupees twenty thousand). The applicant industrial/commercial organisation shall
clearly mention the purpose of water allocation as industrial/commercial and municipal use so
that water tariff can be levied accordingly.The applicant shall also indicate in the application the
period of construction and period in which operation of the industries/plants are expected to
start.
Jharkhand Gazette (Extraordinary), Tuesday 7th May, 2024
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(ii)
The department shall forward the application to the Chief Engineer, Design, Master Planning
and Hydrology, Ranchi hereinafter called CDO for feasibility analysis regarding availability of
water and other technical parameters at proposed water drawl site. The CDO shall give its re-
commendation to Water Allocation Committee (WAC).
(iii)
The application duly recommended by CDO shall be put up before the Water Allocation
Committee constituted at the level of Water Resources Department which comprises of the
representatives of Department of Industries, Department of Energy, Department of Mines and
Geology, Urban Development and Housing Department and Officers of Water Resources
Department under chairmanship of Engineer-in-Chief-1, WRD.
(iv)
The application shall be examined by Water Allocation Committee (WAC) and based upon its
recommendation; the approval of the Department shall be obtained and followed by issuance of
concurrence letter. The meeting of WAC shall be held monthly or as and when required.
(v)
The initial allocation of water shall be for a period of 10 (ten) years for all industrial/commercial
organisations.
(vi)
Upon approval, the applicant industrial/commercial organisation shall have to sign the agreement
in “Jharkhand Surface Water Allocation Agreement (JSWAA) -Form A” within a period of
60 (sixty) days from the date of concurrence order of water allocation, failing which the water
allocation will be cancelled and applicant shall have to apply afresh for water allocation if
required.
(vii)
The industrial/commercial organisations shall have to produce water withdrawal schedule during
the signing of the agreement which will bethe part of Agreement.
(viii)
Water tariff shall be payable to the Government against the supply of water based on the latest
water tariff notification issued from time to time by the department.
(ix)
Delay Payment Surcharge (DPS) as notified in latest water tariff notification shall also be levied,
if payment is not made in specified time.
(x)
No water shall be drawn without permission of Water Resources Department. If such cases are
found, it shall be treated as illegal act and accordingly legal action shall be taken by the
department as per the prevalent law.
(xi)
If there are any anomalies in existing agreements, then provisions of these rules shall govern.
B.
Commitment Charges:-
During the agreement period, if the Industrial /commercial organisation fails to consume
allocated water in such case they shall have to pay commitment charge at the rate of 10% of
unutilised water per annum as per agreement. A variation of 10% of the scheduled drawl shall be
Jharkhand Gazette (Extraordinary), Tuesday 7th May, 2024
5
allowed without any commitment charge, however if unutilised quantity of water per annum is
more than 10% of allocated water, it will attract commitment charge on total unutilised quantity
of water.
C.
Modification of Agreement
(i)
In case, the Industrial/commercial organisations intend to modify the allocated quantity of water
due
to
a
valid
reason,
application
shall
be
submitted
online
through
portal
https://advantage.jharkhand.gov.in to the department in advance, at least 3 (three) months before
intended date of modification.
(ii)
Modification in the quantity/drawal schedule of water allocated to the industrial/commercial
organisation shall be considered only after clearance of all prior dues. Enhancement proposal
will go through entire water allocation process.
(iii)
In case more than 20% of allocated water during last 2 (two) years of proposed drawal schedule
remains unutilised, the department will be at liberty to initiate process to reduce the allocated
quantity of water.
D.
Renewal of Agreement
(i)
There shall be a provision of renewal of agreement after the expiry of agreement. Renewal of
agreement shall be considered only after clearance of all prior dues on the date of application. In
case pending due to any dispute which is pending before the dispute resolution-cum-waiver
committee or any appropriate authority/court then the dues amount shall not be taken into
account for consideration for renewal of agreement. Industrial/commercial organisation shall
apply online through portal https://advantage.jharkhand.gov.in at least 3 (three) months before
the expiry of the agreement along with renewal application fee of Rs. 10,000/- (Rupees Ten
Thousand only) which shall be non-refundable.
(ii)
Agreement shall be renewed for further 10 (ten) years with the approval of the departmental
Secretary.
(iii)
In case, the Industrial/Commercial organisation has not made any formal request for renewal, a
notice will be sent to the industrial/commercial organisation upon expiry of the agreement, in
case no response is received within 30 days water allocation will be cancelled.
(iv)
The renewal of all existing agreements shall be executed in the agreement notified under the
provision of this rule.
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4. Water Allocation for Municipal/ Rural Drinking Water
(1)
Water allocation for Municipal use to different Government organisation/Departments/Municipal
Corporation/Public or Private Educational Institutions shall be processed through an offline
application in Form – C.
(2)
In case of Municipal use of water by Govt. Departments/Local bodies/ Educational Institutions,
the water allocation agreements in “Jharkhand Surface Water Allocation Agreement, Form-
B” shall be executed for 20 (twenty) years, which shall be further renewed for next 20 (twenty)
yearswith the approval of departmental secretary.
5.
Water Withdrawal Management
(1)
Construction and Maintenance of Intake Well and Appurtenants:-
Intake well and its appurtenant shall be constructed and maintained by the concerned
industrial/commercial
organisation/departments/municipal
corporation/public
or
private
educational institutions/Department of Drinking Water and Sanitation/Notified Area
Committee/Urban Local Bodies/Panchayati Raj Institutions/other government institutions at
their own cost. Design and drawing shall get vetted from the department.
(2)
Installation of metering and other devices:-
An ultrasonic flow meter device shall be installed by the industrial/commercial
organisation/departments/municipal corporation/public or private educational institution at their
own cost. The metering device shall be installed in presence of field officers of department and
the industrial/commercial organisation/departments/municipal corporation/public or private
educational institution shall have to ensure the smooth functioning of it. In case of
malfunctioning of meter, previous three months average drawl shall be taken for billing. Existing
meters shall be replaced within six months by industrial/commercial organisation/departments
/municipal corporation/public or private educational institution.
(3)
Water withdrawal period from river
(i)
Water shall be withdrawn by industrial/commercial organisations from river during the non-lean
period (June - November) only. No water shall be withdrawn from river during lean period
(December - May). Industrial/commercial organisations shall construct a reservoir at their own
cost to store the water for use in lean period.
(ii)
The provision of rule 5.3.(i) shall not be applicable if the source of water is reservoir or
downstream of a reservoir where assured water supply is provided throughout the year.
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(iii)
If a dam is constructed by private/public sector companies at own cost, they shall have to pay the
water tariff as per the rate of withdrawal from river.
(4)
Access Right of the Officers of Department:-
The officers of department shall have right to access to the intake point of the river as well as the
metering points.
(5)
Penalty for Violation of Agreement
(i)
If the industrial/commercial organisation draws more water than total allocated water, then the
additional quantity of water drawn per annum shall be charged at double rate of the prevailing
water tariff rate. A grace of 10% of the scheduled drawl/allocated water shall be allowed without
any penalty, however if more than the 10% of allocated water per annum is withdrawn, it will
attract penalty on total variation from the allocated quantity of water.
(ii)
No water shall be drawn from river/nala during lean period. If any industrial/commercial
organisation is still found to draw water during lean period (December-May), then a penal rate at
the rate of 3 (three) times the chargeable water tariff shall be levied.
(6)
Penal Action for Illegal Withdrawal
(i)
If the industrial/commercial organisation is found to draw water illegally (without allocation or
valid agreement), they shall be liable to pay 3 (three) times the applicable water tariff for the
estimated quantity of water withdrawn illegally by the industrial/commercial organisation, since
the establishment of industry/organisation. Quantity of water shall be assessed as per rated
discharge of installed pumps.
(ii)
Pumps and structures used for illegal withdrawal of water shall be sealed to prevent any further
withdrawal till regulation of water withdrawal.
(7)
Recovery:-
In case any organisation fails to pay dues/penalty, it shall be recoverable aspublic demandunder
the provisions of ‘The Bihar and Orissa Public Demand Recovery (Jharkhand-Amendment) Act
2016.’
6.
Water Tariff
(1)
Water tariff as notified by the department from time to time shall be payable under the
provisions of this Rule.
(2)
Delay Payment Surcharge (DPS) shall be levied at the rate as notified by the department time to
time.
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(3)
In case any industrial/Commercial organisation fails to pay due payment, for more than 6
consecutive months, department shall have right to stop withdrawal of water and initiate the
process of termination of agreement/cancellation of water allocation under the provisions of
agreement.
7. Dispute Resolution-cum-Waiver Committee
(1)
A Dispute Resolution-cum Waiver Committee shall be setup under the Chairmanship of
Engineer-in-Chief-1, Water Resources Department. The Committee shall comprise of the
nominated members from Department ofIndustries, Department of Energy, Department of Mines
& Geology,Urban Development and Housing Department and also concerned Chief Engineer of
Water Resources Department.
(2)
If any dispute arises between the Department and anyorganisation, it shall be brought before
dispute resolution-cum-waiver committee for redressal.
(3)
The role of the committee shall be to recommend measures for dispute resolution.
(4)
The committee will be able to recommend waiver of Delayed Payment Surcharge (DPS) and /or
commitment charges if it is satisfied that delay in payment of water charges or non-drawl of
allocated quantum of water has occurred due to circumstances beyond the control of the
organisation.
(5)
The committee shall also examine and recommend measures for bill related disputes which
include erroneous bills, inflated bills, meter reading disputes, etc.
(6)
Final decision will be taken by the GoJ on recommendation of dispute resolution-cum-waiver
committee.
8.
The Arbitration
(1)
Any unresolved dispute and differences or any challenged decision of the Dispute Resolution-
cum-waiver committee shall be referred to the Arbitrator.
(2)
The Arbitrator will be appointed after mutual consent of either parties in accordance with clause
12 of fifth schedule of “The Arbitration & Conciliation (Amendment) Act, 2015”. The
provisions of the Arbitration and Conciliation Act, 1996 along with the amendments made in
“The Arbitration and Conciliation (Amendment) Act, 2015” shall apply. The place at arbitration
shall be at Ranchi and the language at arbitrator shall be in English.
9.
Power to the State Government:-
Notwithstanding anything contained in the above provisions of the Jharkhand Surface Water
Allocation Rules, 2023, the State Government by notification in the official gazette may amend
this rule.
Jharkhand Gazette (Extraordinary), Tuesday 7th May, 2024
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Form-A
JHARKHAND SURFACE WATER ALLOCATION AGREEMENT
(See Rule 3A.(vi) of Jharkhand Surface Water Allocation Rule-2023)
AGREEMENT
FOR
WATER
SUPPLY
FROM.................................................
(Name
of
river/nala/stream/reservoir/downstream
of
reservoir/canal)
to......................................
.................................................... (Name of industrial/commercial organisation hence forth known as
Company)
This agreement made on this
................. day of ................... two thousand .......... betweenGovernor of
Jharkhand through Water Resources Department (WRD), Government of Jharkhand herein after referred to as
“The Government” which term shall unless excluded by or repugnant to the context, includes its legal
representatives, successors, executors, administrator & assigners on the one part &............................. (Name of
Company) having its registered & administrative office at............................... (Address of Company) and works
office at.................... (Local office address of the Company)herein after referred to as “The Company” which
expression shall unless excluded by or repugnant to the context of the meaning thereof, be deemed to include
its successor and assigners and also mean.................... (Name of the Company) for all transactions & acts.
Whereas the Company approached the Government on…................................(Date) for allowing to
draw.............MCM water for industrial/commercial use and …… MCM water for municipal use Total…….. MCM
of water on annual basis from the............................... □Natural Source (river/nala/stream) □
Reservoir/Downstream of Reservoir □ Canal at Latitude................................................... (Degree, Minute,
Second) North and Longitude.......................................... (Degree, Minute, Second) East for setting
up............................. (Type & capacity of the plant) andwhereas the Government is in a position to allow
withdrawal of.............. MCM on annual basis of water as per the concurrence issued by Water Resource
Department (WRD), Government of Jharkhand to............................ (Name of Company) vide letter
no......................... (Letter No. & date) and the parties hereto have agreed to have a formal agreement in this
regard.
Now it is hereby agreed by and between the parties as follows:
1. The drawal of water shall be done by the Companyfrom the intake point located at
Lat........................and Long.................. from.............................................. (Name of the
river/nala/stream/reservoir/downstream of reservoir/canal) andor through the storage
constructed for this purpose by the Company at Lat........................... and Long......................
across......................(Name of the river/nala/stream/reservoir/downstream of reservoir/canal)
at........................... (Name of the place, block and district).“The Government” agrees to
allow............. MCM/Annum withdrawal of required quantity of water as per the details given
herein at clause -2 below:
Jharkhand Gazette (Extraordinary), Tuesday 7th May, 2024
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2.
The water withdrawl schedule for the plant:
PERIOD
(DD/MM/YYYY)
QUANTITY OF WATER TO BE DRAWN DURING THE YEAR (in MCM)
1
2
From
To
Industrial/Commercial Use
Municipal Use
Total
2.1.
The water charges for quantity of water to be drawn by the Company shall come into effect from the
period as indicated in column-1 of the table at clause– 2.
2.2.
The quantity of water to be drawn shall be restricted to.............. MCM on annual basis
and the measurement of water shall be done at the intake point. The measurement of this quantity of
water shall be checked up jointly by the Company and the representative of Water Resources
Department, Govt. of Jharkhand (WRD, GoJ) at least once in every month. The measuring instruments
shall be installed by the Company at his own cost and shall remain exclusively under the control of WRD,
GoJ.
2.3.
The drawal of water must start as per the schedule indicated in clause-2 of the agreement.
A.
General conditions.
1.
The availability of water may be interrupted temporarily for doing repairs or for such other works &
such interruption shall not ordinarily exceed thirty days. No claim by the Company shall be preferred
against the Government for such fluctuation in the discharge.
2.
A double metering device shall be installed by the Company at their own cost. The metering device shall
be sealed in the presence of field officers of the department & representative of the Company. Average
of both meters shall be adopted for billing. In case of malfunctioning of meter previous three months
average record shall be taken for billing.
3.
The quantity of water indicated in clause-2 is based on the phasing demand of water put up by the
Company. In future, if it is found by computation as based on scientific methodology or otherwise that
the consumption of water is more than as indicated in clause -2, then the additional quantity of water
drawn shall be charged at double rate of the prevailing water tariff rate.
4.
During the agreement period, if the Industrial/commercial organisation fails to consume allocated water
in such case they shall have to pay commitment charge at the rate of 10% of unutilised water as per
agreement.
5.
In case, the Industrial/commercial organisations intend to modify the allocated quantity of
water/drawal schedule due to a valid reason, application shall be submitted online through portal
https://advantage.jharkhand.gov.in to the department in advance, at least 3 (three) months before
intended date of modification.
6.
In case more than 20% of water of allocated water remains unutilised during last 2 (two) years, the
department will be at liberty to initiate process to reduce the allocated quantity of water.
7.
The Government shall not be responsible for any interruption/diminution/stoppage of supply of water
due to lockout, strikes, breakdowns of mechanical units or other force majeure or other causes beyond
the control of the Government. In such cases the Government shall take action, to restore availability of
water with the least possible delay.
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8.
If due to any unforeseen reasons, the Govt. is not able to make available the quantity of water as
envisaged in clause -2, no legal action can be taken against the Govt.
9.
The Companyshall make sure that the effluent (waste water along with pollutants), if needed to be
drained in the river or nala, shall conform to the latest prescribed effluent quality parameters as
prescribed by State Pollution Control Board, GoJand shall be safe for disposal in river or nala and shall
not be injurious to human and aquatic life. The Water Resources Department, GoJ as well as authorities
specifically authorised in this regard shall also get the test checks conducted at regular interval to testify
the same. The installation of equipment or plant needed for this purpose, shall be done by the
Company. The Companyshall also have to get clearance from the State Pollution Control Board, GoJ and
submit the report to WRD, GoJ at regular interval not exceeding one year for continuance of supply of
allocated water. The effluent disposal point should be fixed in the upstream of the respective intake
point. No effluent should be discharged in the reservoir.
10.
The Company shall make every endeavour to use the minimum possible water and shall make use of all
latest technology to reduce the extent of usage of water.
11.
The required water shall be withdrawn or pumped by the Company from the Left/Right bank
of................................ (Name of river/nala/stream/reservoir/downstream of reservoir/canal) by
constructing a suitable water intakestructure.
12.
The cost of land required for construction of intake well, pump house, water meter & other allied
infrastructure shall be borne by the Company.
13.
The Company shall pay water charge at the rate fixed by the WRD, GoJfrom time to time. As and when
this rate is revised by the WRD, GoJ from time to time, the Companyshall be required to make payment
at the revised rates of water charge. The rate fixed by the Government shall be binding on the
Company.
14.
The Company shall have to construct Rain Water Harvesting (RWH) structure of appropriate capacity in
its own premise as per the design, drawing and plan approved by Ground Water Directorate, Water
Resources Department (WRD), GoJ at their own cost for the conservation of rain water conforming to
BIS codes.
14.1
A comprehensive plan of Rain Water Harvesting Structure for ground water recharging must be
submitted by the Company to Ground Water Directorate of Water Resources Department, GoJwithin 2
(two) months from the date of signing of Agreement with the intimation to WRD, GoJ. This plan shall be
approved by Ground Water Directorate, WRD, GoJwithin 1(one) month from the date of submission of
the above plan.
14.2
Rain Water Harvesting Structure for ground water recharging must be completed within three months
from the date of approval of the plan.
15.
The Company shall have to construct a reservoir at a suitable location to meet the water requirement of
the plant during lean period (December to May) on the basis of the realistic quantum of water
availability computed with the help of actual observed hydro-meteorological data from where it has
been intended to meet the water demand of the plant. Lean season flow of the river shall not be
intercepted at all. To ensure this, inlet in the intake well shall be provided above Lowest Water Level
(LWL) which shall be fixed by the concerned Chief Engineer, WRD, after approval of WRD, GoJ.
16.
The provision of clause 15 of ‘A’ shall not be applicable if the source of water is reservoir or downstream
of a reservoir where assured water supply is provided throughout the year.
17.
No water has to be drawn from river/nala/stream during lean period (December - May) but in case any
Company is still found to draw water during lean period, then a penal rate at the rate of 3 (three) times,
the chargeable water tariff shall be levied.
18.
All the infrastructures including the intake,rain water harvesting structure and reservoir (if
required)commensurate with the requirement of water as per stipulated in clause -2shall be
constructed by the Company at their own cost, as per the design and drawing vetted by the WRD, GoJ.
Jharkhand Gazette (Extraordinary), Tuesday 7th May, 2024
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The construction of the infrastructure shall be taken up by Company only after joint inspection of the
water tapping point by the representatives of WRD, GoJ and the Company and vetting there on by the
WRD, GoJ. These infrastructures shall be operated and maintained by the Company at their own cost.
19.
The formal vetting of the competent authority (Chief Engineer, design, Master Planning and Hydrology)
of WRD, GoJon detailed design, drawing & specification of the intake well, pumpand pump house,
reservoir (if any) shall be obtained by the Companybefore construction.
20.
The officers of WRDshall have the right to inspect the infrastructures time to time and suggest
corrective mechanism for removing the deficiencies, if any. The Companyshall have to undertake the
remedial measures, as suggested by WRD,GoJ at their own expenses.
21.
The Company shall have to bear the cost of rehabilitation and resettlement of the families so displaced.
The cost of land acquisition, forest land compensation, etc., as per prevailing norms of the Government,
shall have to be borne by the Company. The Company shall also obtain forest, environmental and other
mandatory clearances, wherever required from the concerned departments/Ministry of the State
Government/Government of India.
22.
The Company shall utilize the water for the agreed purpose only. If Company is found to violate this
condition, department shall initiate process for termination of agreement/cancellation of water
allocation.
23.
The Company has to liaison with the concerned Chief Engineer, WRD to sign an agreement related to
the utilisation of allocated water and making payment of the water charge, as per the terms and
conditionsstipulated in the agreement. The allocation of water shall come into effect from the day of
execution of the agreement with the WRD, GoJ.
24.
The Company shall install appropriate devices to minimise water consumption and also for recycling &
conservation of water.
25.
The drawl of water from intake structure,shall under no circumstances be detrimental to the safety and
operational procedures of reservoirs/barrages lying in the upstream or downstream or on both sides of
the intake structure.
26.
The accounting year shall be from 1st April to 31st March of two consecutive calendar years.The bills for
payment of water charges shall be prepared by the concerned officers of WRD, GoJ by 10th day of every
month on the basis of demand stipulated in clause– 2, 2.1& 2.2.
27.
The Company shall ensure to make payment of the bill by last day of the month in which bill has been
generated, failing which a delayed payment surcharge shall be levied over and above the normal rate. If
however, any discrepancy or error is found in the bill the same shall be intimated to the concerned
officer within 15 days for necessary rectification, but the payment against the original bill shall have to
be made within stipulated period. The rectification in the bill, however, shall be adjusted in the next bill.
28.
In case of non-payment of water charge for more than 6 (six) consecutive months by the Company, the
government shall have the right to stop withdrawal of water by the Company and take suitable legal
action.
29.
A joint review by the representatives of WRD, GoJ and the Company shall be made periodically at least
once in every two years on the observed water consumption pattern of the unit to assess the possibility
for the technological interventions needed for reducing the quantum of water already earmarked in
order to effect the same from the mutually accepted data.
30.
All disputes and differences between the parties except the matter for which provision has been
explicitly made in the agreement shall be referred to the Dispute Resolution-cum-Waiver Committee.
31.
Any unresolved dispute and differences or any challenged decision of the Dispute Resolution-cum-
Waiver Committee shall be referred to the Arbitrator, who will be appointed after mutual consent of
either parties in accordance with clause 12 of fifth schedule of “The Arbitration & Conciliation
Jharkhand Gazette (Extraordinary), Tuesday 7th May, 2024
13
(Amendment) Act, 2015”. The provisions of the Arbitration and Conciliation Act, 1996 along with the
amendments made in “The Arbitration and Conciliation (Amendment) Act, 2015” shall apply. The place
of arbitration shall be at Ranchi and the language of arbitrator shall be in English.
32.
This agreement shall remain valid for a period of ten years. For renewal of agreement, the
Companyshall be required to submit an application to the department 3 (three) months prior to expiry
of the existing agreement. The renewal shall be considered only after clearance of all prior dues.
33.
In case the Company violates any of the conditions stipulated in this agreement, WRD, GoJshall be at
liberty to take decision regarding termination of the agreement.
34.
The parties hereby also agree to abide by “Jharkhand Surface Water Allocation Rules, 2023”.
B.
Specific technical conditions
WRD, GoJ shall be at liberty to include any specific technical condition/conditions in the agreement to
the industry on case to case basis as and when required and mutually agreed between either parties.
In witness whereof, the parties of this agreement have herein put their respective hands & seals, the day and
year of agreement first above written.
Signed, seal & delivered on behalf of
(Name of Company)
Signed, seal & delivered on behalf of
Governor
of
Jharkhand
through
Water
Resources
Department,
Government
of
Jharkhand.
In presence of
In presence of
1.
1.
2.
2.
3.
3.
Jharkhand Gazette (Extraordinary), Tuesday 7th May, 2024
14
Form-B
“JHARKHAND SURFACE WATER ALLOCATION AGREEMENT FOR MUNICIPAL USEBY VARIOUS
PRIVATE INSTITUTIONS, PRIVATE EDUCATIONAL INSTITUTIONS, DEPARTMENT OF DRINKING
WATER AND SANITATION, MUNICIPAL CORPORATIONS, NOTIFIED AREA COMMITTEE, URBAN
LOCAL BODIES, PANCHAYATI RAJ INSTITUTIONS, OTHER GOVERNMENT INSTITUTIONS”
(See Rule 4(2) of Jharkhand Surface Water Allocation Rule-2023)
AGREEMENT FOR MUNICIPAL WATER SUPPLY FROM................................................ (Name of the
river/nala/stream/reservoir/downstream
of
reservoir/canal)
to.................................................................……………………………………………………(Name
of
the
Institution/Department/Municipality/Municipal corporation/any other Organisation).
This agreement made on this
................. day of ................... two thousand .......... betweenGovernor of
Jharkhand through Executive Engineer……………………………….. Water Resources Department (WRD), Government
of Jharkhand herein after referred to as “The Government” which term shall unless excluded by or repugnant to
the context, includes its legal representatives, successors, executors, administrator & assigners on the one part
and............................. (Name of Private Institutions, Private Educational Institutions, Department Of Drinking
Water And Sanitation, Municipal Corporations, Notified Area Committee, Urban Local Bodies, Panchayati Raj
Institutions, Other Government Institutions) having its registered & administrative office at...............................
(Address of Organisation) and works office at.................... (Local office address of the Organisation)herein after
referred to as “TheOrganisation” which expression shall unless excluded by or repugnant to the context of the
meaning thereof, be deemed to include its successor and assigners and also mean.................... (Name of
Organisation) for all transactions & acts.
Whereas
the
Organisationapplied
the
Government
on...................
(Date)
for
allowing
to
withdraw..........MCM/annum of water on annual basis from the ...................................... □Natural Source
(river/nala/stream) □ Reservoir/Downstream of Reservoir □ Canal at Latitude .................. (Degree, Minute,
Second) North and Longitude............ (Degree, Minute, Second) East at ........................ (Name of the place, block
and district) for municipal purposeand wherein the Government has considered to allow withdrawal of..............
MCM on annual basisof water as per the concurrence orderissued by Water Resource Department (WRD),
Government of Jharkhand to............................ (Name of Organisation) vide letter no.........................
date……………. and accordingly the parties hereto have agreed to have a formal agreement in this regard.
Jharkhand Gazette (Extraordinary), Tuesday 7th May, 2024
15
It is hereby agreed by and between the parties as follows:
1.
That “The Government” agrees to allow withdrawal of ................ MCM/Annum water as per the
schedule given herein at clause- 2 below:
2. The water withdrawal schedule from intake point:
PERIOD
(DD/MM/YYYY)
QUANTITY OF WATER TO BE DRAWN DURING THE YEAR (in MCM)
1
2
From
To
2.1. The water tariff for quantity of water drawn by the Organisation shall come into effect from the period as
indicated in column-1 of the table at clause- 2 above.
2.2. The quantity of water to be drawn will be restricted to............ MCM on annual basis and themeasurement
of water will be done at the intake point. The measurement of this quantity of water will be periodically checked
jointly by the consumer and the representative of Water Resources Department, Govt. of Jharkhand (WRD, GoJ)
at least once in every month. The measuring instruments shall be installed by the Organisation at its own cost
and shall remain exclusively under the control of WRD, GoJ.
2.3 The Organisation shall pay water tariff at the rate fixed by the WRD, GoJ, from time to time. As and when
this rate is revised by the WRD from time to time, Organisation shall be required to make payment at the
revised rates of water tariff. The rate fixed by the government shall be binding on the Organisation.
2.4 The Organisation shall utilize the water for the agreed purpose only.
2.5 The Organisation has to liaison with the concerned Executive Engineer, WRD, GoJ to sign Jharkhand Surface
Water Allocation Agreement, Form B for drawl related to the utilisation of allocated water and making
payment of the water tariff, as per the terms and conditions stipulated under clause 2.3 of this agreement.
The allocation of water will come into effect from the day of execution of the agreement with WRD, GoJ.
3. Water Supply Interruption
3.1. The Government will not be responsible for any interruption or diminution or stoppage of supply of water
due to lockout, strikes, breakdowns of mechanical means or other force majeure or other causes beyond
the control of the Government.
3.2. If due to any unforeseen reasons, the Govt. is not able to make available the quantity of water as envisaged
in clause-2, no legal action can be taken against the Govt.
Jharkhand Gazette (Extraordinary), Tuesday 7th May, 2024
16
4.
Accounting year shall be from 1st April to 31st March of two consecutive calendar years.The bills for
payment of water tariff shall be prepared by the concerned Executive Engineerby 10th of every month on
the basis of demand stipulated in clause – 2, 2.1, 2.2 and 2.3.
5.
This agreement shall remain valid for a period of twenty years. Renewal of the agreement shall be
guided by prevailing “Jharkhand Surface Water Allocation Rules 2023”.
6.
In case the Organisationviolates any of the conditions stipulated in this agreement, WRD, GoJshall take
actionto terminate the agreement.
7.
The parties hereby also agree to abide by “Jharkhand Surface Water Allocation Rules, 2023”.
In witness whereof, the parties of this agreement have herein put their respective sign & seals, the day and year
of agreement first above written.
Signed, seal & delivered on behalf of
Organisation
Signed, seal & delivered on behalf of
Governor of Jharkhand through Water
Resources Department, Government of
Jharkhand.
In presence of
In presence of
1.
1.
2.
2.
3.
3.
Jharkhand Gazette (Extraordinary), Tuesday 7th May, 2024
17
Form-C
Application Form for Allocation of Water for Municipal Use by Government
Organizations/Departments/Municipal Corporations/Public or Private Educational
Institutions
(See Rule 4(1) of Jharkhand Surface Water Allocation Rule-2023)
To,
The Additional Chief Secretary/Principal Secretary/Secretary,
Water Resources Department,Govt. of Jharkhand,
Nepal House, Doranda, Ranchi.
Sub: -
Application
for
allocation
of
Surface
Water
for
municipal
use
of………………..……………………………………………………………………..
(Name of Scheme & Address)
Sir,
Our department/organization/institution requires …………… MCM/Annum of water for
municipal use in the location explained below. Details of the proposed project are given below:-
1.
Name of the Government
Organization/Department
/Municipal Corporation/
Public or Private
Educational Institution
:-
2.
Regd. No./Office Address with
Tel. No./E-mail etc.
:-
3.
Type of Organization
:-
□ Government Organization/ Department
□ Municipal Corporation
□ Public or Private Educational Institution
□ Any Other
4.
Name and Location of the
Proposed Drawal Point
:-
(i)
Name of river/dam/
downstream of dam/
reservoir/canal
:-
(ii)
Nearest Village
:-
(iii) Block
:-
(iv)
Sub-Division
:-
(v)
District
:-
(vi)
Latitude & Longitude
[Enclose Location Map]
:-
Jharkhand Gazette (Extraordinary), Tuesday 7th May, 2024
18
5.
Required Quantity of Water
(in MCM/Annum)
[Attach Detailed Calculations]
:-
6.
Salient Details of Water Drawal
Proposal
[Attach as Enclosure]
:-
Declaration
1.
I/We certify that the information furnished is true to the best of my/our knowledge.
2.
I/We agree to pay the water charges fixed by the Govt. from time to time and also agree to pay
commitment charges if any.
3.
I/We agree to abide by the Jharkhand Surface Water Allocation Rules – 2023 and sign
Agreement in prescribed form/format.
Place: -
Signature:-
Date: -
Firm:-
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Printed & Published by the Superintendent of Jharkhand Government Press, Doranda, Ranchi.
Jharkhand Gazette (Extraordinary) 269-- 50.