PUNJAB GOVT. GAZ. (EXTRA), FEBRUARY 24, 2025 1503
(PHGN 5, 1946 SAKA)
EXTRAORDINARY
Published by Authority
CHANDIGARH, MONDAY, FEBRUARY 24, 2025
(PHALGUNA 5, 1946 SAKA)
PUNJAB VIDHAN SABHA SECRETARIAT
NOTIFICATION
The 24th February,2025
No. 1-PLA-2025/5.- The Punjab Water Resources (Management And
Regulation) Amendment Bill, 2025 is hereby published for general information
under the proviso to rule 121 of the Rules of Procedure and Conduct of
Business in the Punjab Vidhan Sabha (Punjab Legislative Assembly):-
BILL NO. 1-PLA-2025
THE PUNJAB WATER RESOURCES (MANAGEMENT AND
REGULATION) AMENDMENT BILL, 2025
A
BILL
Further to amend the Punjab Water Resources (Management and
Regulation Act, 2020).
Be it enacted by the Legislature of the State of Punjab in the Seventy
Sixth Year of the Republic of India as follows:-
1. (1) This Act may be called the Punjab Water Resources (Management Short title and commencement.
and Regulation) Amendment Act, 2025.
(2) It shall come into force on and with effect from the date of its
( 1503 )
1504 PUNJAB GOVT. GAZ. (EXTRA), FEBRUARY 24, 2025
(PHGN 5, 1946 SAKA)
publication in the Official Gazette.
2. In the Punjab Water Resources (Management and Regulation) Act, 2020
(hereinafter referred to as the Principal Act), in section 6 for sub-section (1)
and (2), the following sub-sections shall be substituted, namely:-
Amendment in section 6 of Punjab Act 2 of 2020.
"(1) No person shall serve as Chairperson or other Member if he has
attained the age of sixty five years.
(2) Chairperson or other Members shall hold office for a term, as may
be specified, but not exceeding three years at a time, from the date on which
he enters upon his office:
Provided that the said term of three years may be extended upto five
years depending upon the quality of performance, management of affairs and
initiatives taken by the incumbent."
3. In the Principal Act, for section 9, the following section shall be substituted,
namely:-
"9(1) All fees, charges and funds received by the Authority from any
Substitution of section 9 of Punjab Act 2 of 2020.
source(s) as may be decided by the Government, shall
be deposited in the State Treasury.
Finance and budget of Authority.
(2) The Authority shall prepare annual budget and send it to the
government every year to meet the expenditure on following namely:-
(i) the salary, allowances and other remuneration of the
Chairperson, Members, Secretary, officers and other
employees of the Authority; and
(ii) the expenses of the Authority in the discharge of its functions
under this Act.
(3) The Government shall utilize the funds deposited by the authority
to meet the objectives of the Act."
4. In the Principal Act, in section 28, for sub-section (2), the following
sub- section shall be substituted, namely:-
Amendment in section 28 of Punjab Act 2 of 2020.
"(2) Where the Government is of the opinion that some reasonable
directives need to be given to the Authority in respect of matters relating
to optimum utilization of ground water resources in public interest, the
Government may make such directives, as it deems necessary in order
to achieve the objectives of this Act, which shall be binding upon the
Authority." PUNJAB GOVT. GAZ. (EXTRA), FEBRUARY 24, 2025 1505
(PHGN 5, 1946 SAKA)
STATEMENT OF OBJECTS AND REASONS
1.0 It is apprised that in order to provide for the management and
regulation of water resources of the State for ensuring the judicious, equitable
and sustainable utilization and management thereof, and for matters connected
therewith or incidental thereto, the State of Punjab enacted the Act namely:–
'The Punjab Water Resources(Management and Regulation) Act, 2020'.
1.1 In pursuance of the aforesaid Act, the Regulatory Authority namely
the Punjab Water Regulation and Development Authority has since been
constituted and notified. Section 6 of the above said Act provides for the
qualification for Chairman and Members of the Authority. The Chairperson or
Member of the said authority could retain office till they attain the age of 70
years. There are many such autonomous bodies set up by the State Government
in various departments. In all such bodies, the maximum age of the Chairperson/
Members has been kept much less than seventy years. In most of the cases,
the maximum age is 65 years. As an example, the Chairperson of the Punjab
State Regulatory Commission can hold office till the age of 65 years. Likewise,
the Punjab State Chief Information Commissioner and State Information
Commissioner in the Punjab State Information Commission can also retain
office till the age of 65 years
1.2 In view of this background and to keep uniformity in such
appointments, the retirement of Chairperson or Member of the Authority till
the age of 70 years appears to be on very high side, which needs to be
rationalized. It is, therefore, proposed that the upper limit of the age for Chairman
and members may be kept as 65 years.
1.3 Further, the initial term of appointment of the Chairperson and
members is proposed to be three years, which may be extended upto five
years in view of quality of performance, management of affairs and initiatives
taken by the incumbent for public welfare schemes.
1.4 Apart from above, the State Government has since constituted the
Authority as required under Section 3 of the Punjab Water Resources
(Management and Regulation) Act, 2020 The Authority has processed 985
applications (as of 12.11.2024) received from the applicants mainly industries.
The Authority has also collected Rs. 253.52 Cr. as on 31st August, 2024 from
the various applicants.
1.5 So far the Authority has incurred expenditure only on regular
expenses and has spent little money on measures to recharge the groundwater 1506 PUNJAB GOVT. GAZ. (EXTRA), FEBRUARY 24, 2025
(PHGN 5, 1946 SAKA)
Moreover, the Department of Water Resources and various other State
Government Departments have submitted proposals with the Authority, which
are pending since long. It is further submitted that there is small window of
time to carry out various irrigation works particularly the construction of the
water courses as farmers do not allow to construct any water course or lay
pipelines etc. when the crops are standing. Moreover, the funds collected by
the Authority should be deposited in the State Treasury as a matter of principle
which will improve the liquidity position of the State Government. The Finance
Department has also observed on couple of occasions that these funds should
be deposited in the State Treasury rather than keeping these funds by the
Authority in some bank accounts. This causes a huge loss to the State
exchequer and at the same time the purpose of saving and recharging of
groundwater water is not served. Moreover, if the funds are deposited in the
treasury, it becomes easy for the A.G. (Audit) to audit the funds, which is
otherwise very essential.
1.6 Apart from this, Section 28 of the said Act relates to adherence of
policies of the State Government by the Authority. There are certain instances,
where the State Government has to take decisions regarding sustainable
utilization of available water resources and management thereof in public
interest. However, the power in this regard of the State Government in this
regard is limited to make recommendations only to the Authority. It is upto the
Authority to consider such recommendations in their own wisdom. Moreover,
such recommendations are not binding upon the Authority.
2.0 Hence, to achieve all these objective. A Bill is presented to amend
the aforesaid Act suitably.
BARINDER KUMAR GOYAL
Water Resources Minister,
Punjab PUNJAB GOVT. GAZ. (EXTRA), FEBRUARY 24, 2025 1507
(PHGN 5, 1946 SAKA)
FINANCIAL MEMORANDUM
There are no adverse financial implications for the State Government At
the same time the Authority with the proposed amendments will not be deprived
of any funds. The State Government undertakes to provide the funds to the
Authority every year based on its requirement for which the Authority shall
submit the budget requirements every year to the Finance Department through
the Administrative Department. The Authority is presently keeping the funds
in bank account which causes a loss of public money.
____________
The Governor has, in pursuance of clause (1) and (3) of Article 207 of
the Constitution of India, recommended to the Punjab Legislative Assembly,
the introduction and consideration of the Bill.
____________
CHANDIGARH: RAM LOK KHATANA,
THE 24TH FEBRUARY, 2025 SECRETARY.
3322/2-2025/Pb. Govt. Press, S.A.S. Nagar