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( 1503 )

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

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)

This Act may be called the Punjab Water Resources (Management

and Regulation) Amendment Act, 2025.

(2)

It shall come into force on and with effect from the date of its

EXTRAORDINARY

Published by Authority

CHANDIGARH, MONDAY, FEBRUARY 24, 2025

(PHALGUNA 5, 1946 SAKA)

Short title and

commencement.

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publication in the Official Gazette.

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:-

“(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.”

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

source(s) as may be decided by the Government, shall

be deposited in the State Treasury.

(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.”

In the Principal Act, in section 28, for sub-section (2), the following

sub- section shall be substituted, namely:-

“(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.”

Amendment in

section 6 of

Punjab Act 2 of

2020.

Substitution of

section 9 of

Punjab Act 2 of

2020.

Amendment in

section 28 of

Punjab Act 2 of

2020.

Finance and

budget of

Authority.

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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

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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

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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