Skip to main content

THE JAMMU AND KASHMIR WATER RESOURCES (REGULATION AND MANAGEMENT) ACT, 2010

Jammu and Kashmir

An Act to consolidate the law relating to use of water, the measurement, construction, control and management of works with respect to water storage, conservation and protection, the irrigation, water supply, drainage, flood control and prevention, the improvement in the flow of water, the protection and improvement in the physical integrity of water courses, lakes and springs, the safety and surveillance of dams, the establishment of the State Water Resources Regulatory Authority for regulating water resources, ensuring judicious, equitable and sustainable management, allocation and utilization of water resources, fixing the rates for use of water and matters connected therewith or incidental thereto.

Act number
21 of 2010
Department
PHE(I&FC)
Enacted
23 Oct 2010
In force from
25 Oct 2010

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

202 sections

  1. Section 1Short title and commencement.
  2. Section 2Definitions.
  3. Section 3Property of the Government.
  4. Section 4State Water Policy and Plan.
  5. Section 5Supply of drinking water.
  6. Section 6Supply of water for domestic purposes.
  7. Section 7Supply of water for purposes other than domestic purposes.
  8. Section 8Application for supply of water.
  9. Section 9Expenses of connection
  10. Section 10Validity of permission.
  11. Section 11Stopping supply of water.
  12. Section 12Power to lay or carry pipes.
  13. Section 13Charges for supply of water.
  14. Section 14Separation of premises for water supply.
  15. Section 15Connection with main line.
  16. Section 16Indemnity.
  17. Section 17Prohibition on construction over water works.
  18. Section 18Prohibition of certain acts affecting the water works.
  19. Section 19Prohibitions of certain other acts.
  20. Section 20Obligation of owner to prevent misuse of water.
  21. Section 21Power to enter premises.
  22. Section 22Cutting of water supply.
  23. Section 23Appeals.
  24. Section 24Usage of water for irrigation.
  25. Section 25Powers of entry on land etc.
  26. Section 26Power to enter and survey etc.
  27. Section 27Power to enter upon land, building etc, for inspection.
  28. Section 28Power to enter for repairs and to prevent accidents.
  29. Section 29Notice to an occupier of building.
  30. Section 30Canal crossings.
  31. Section 31Acquisition of land for irrigation works.
  32. Section 32Preparation of draft scheme.
  33. Section 33Publication of the Scheme
  34. Section 34Acquisition of land for water channels and field channels.
  35. Section 35Implementation of Scheme.
  36. Section 36Maintenance of water channels.
  37. Section 37Persons using water course to construct works.
  38. Section 38Protection of water channels against demolition etc.
  39. Section 39Adjustment of claims between persons jointly using water channel.
  40. Section 40Supply of water through intervening water channel.
  41. Section 41Application for transfer of existing field channel.
  42. Section 42Objections to transfer applied for.
  43. Section 43Transfer of field channel to the applicant.
  44. Section 44Procedure when objection is held valid.
  45. Section 45Procedure when Tehsildar disagrees with Assistant Executive Engineer.
  46. Section 46Expenses to be paid by the applicant before transfer of field channel
  47. Section 47Conditions binding on applicant.
  48. Section 48Construction and maintenance of filed channels.
  49. Section 49Maintenance of field channels.
  50. Section 50Acquisition of land for construction of field channels.
  51. Section 51Preparation of draft scheme in culturable commanded area.
  52. Section 52Power to prohibit obstructions.
  53. Section 53Power to remove obstructions after prohibition.
  54. Section 54Preparation of schemes for drainage works.
  55. Section 55Scheme for field drains.
  56. Section 56Supply of water from Irrigation work.
  57. Section 57Regulation of water supply from irrigation works.
  58. Section 58Application for permission to use water from an irrigation work.
  59. Section 59Non-supply of water in certain circumstances.
  60. Section 60Sale or subletting of right to use water of irrigation work.
  61. Section 61Supply of water for irrigation of one or more crops.
  62. Section 62Power to prescribe the kind of crop to be grown under the irrigation area.
  63. Section 63Small schemes for supply of water from irrigation work and their management.
  64. Section 64Constitution and functions of Water Committee.
  65. Section 65Suspension and supersession of Water Committee.
  66. Section 66Limitation in respect of irrigation works.
  67. Section 67Power to remove encroachments.
  68. Section 68Obligation of owners in respect of works effecting safety of canals.
  69. Section 69Prohibition to conduct operations near irrigation work.
  70. Section 70Fishing and Plying of boats, etc.
  71. Section 71Prohibition on letting out water from canal.
  72. Section 72Prohibition to abstract water from irrigation work.
  73. Section 73Prohibition on deposition of any material or waste in or near a water channel.
  74. Section 74Prohibition on discharge of sewage or industrial effluent in the irrigation work.
  75. Section 75Flood basins.
  76. Section 76Determination of limits of flood basin.
  77. Section 77Power to enter.
  78. Section 78Calling of objections.
  79. Section 79Notification of flood basin.
  80. Section 80Superintendence of embankments.
  81. Section 81Control of bed and banks.
  82. Section 82Traffic on embankments.
  83. Section 83Power to remove obstruction.
  84. Section 84Excavation in lands.
  85. Section 85Special measures when danger of flood.
  86. Section 86Safety of embankments.
  87. Section 87Extraction of bed material.
  88. Section 88Compensation for damage.
  89. Section 89Procedure for award of compensation.
  90. Section 90Installation of Unit for usage of water.
  91. Section 91Preparation of scheme for usage of water by the user.
  92. Section 92Approval of the scheme.
  93. Section 93Information to the User.
  94. Section 94Prohibition on installation of a unit.
  95. Section 95Ceiling on allocation of water.
  96. Section 96Licence for usage of water.
  97. Section 97Grant of licence.
  98. Section 98Procedure for grant of Licence.
  99. Section 99Licensee not to do certain things.
  100. Section 100Amendment of licence.
  101. Section 101Revocation of licence.
  102. Section 102Duties, obligations and respon-sibilities of the licensee.
  103. Section 103Grievance redressal mechanism.
  104. Section 104Directions to the Licensee.
  105. Section 105Control and safety provisions.
  106. Section 106Location of Dams to be away from populated area.
  107. Section 107Power of licensing authority under this Chapter.
  108. Section 108Liability for failure or collapse of water usage unit.
  109. Section 109Special Works.
  110. Section 110Powers and functions of the licensing authority and the authorised officer.
  111. Section 111Notification of areas to regulate and control development of ground water.
  112. Section 112Grant of permit to extract and use ground water in the notified area.
  113. Section 113Duties, obligations and respon-sibilities of user agency/owner of a well.
  114. Section 114Registration of existing users in notified areas.
  115. Section 115Registration of user of new wells in non-notified area.
  116. Section 116Registration of Drilling Agencies.
  117. Section 117Power to alter, amend or vary the terms of the permit or Certificate of Registration.
  118. Section 118Cancellation of permit or Certificate of Registration.
  119. Section 119Power to enter, inspect or seize etc.
  120. Section 120Service of orders, etc.
  121. Section 121Bar to claim compensation.
  122. Section 122Rain water harvesting for ground water recharge.
  123. Section 123Appeals.
  124. Section 124Installation of meters.
  125. Section 125Injuring a meter or any fitting.
  126. Section 126Fraud in respect of meters.
  127. Section 127Meter Reading.
  128. Section 128Fixation of water usage charges.
  129. Section 129Prohibition on charging higher water usage charges.
  130. Section 130Recovery of water usage charges.
  131. Section 131Procedure for assessment.
  132. Section 132Disconnection of supply in the default of payment.
  133. Section 133Disconnection of supply generally.
  134. Section 134Restoration of supply.
  135. Section 135Appeal.
  136. Section 136Payment of water usage charges when used by joint users or licensees.
  137. Section 137Providing of incentives by the Government.
  138. Section 138Water Usage Code.
  139. Section 139Establishment of State Water Resources Regulatory Authority.
  140. Section 140Qualification for appointment of Chairperson and Members of the Authority.
  141. Section 141Constitution of Selection Committee.
  142. Section 142Term of office and conditions of service.
  143. Section 143Removal of Chairperson or Member.
  144. Section 144Officers and other Employees of the Authority.
  145. Section 145Functions of the Authority.
  146. Section 146Powers of the Authority.
  147. Section 147Proceedings before Authority.
  148. Section 148Powers of entry and seizure.
  149. Section 149Delegation.
  150. Section 150Appeal to High Court in certain cases.
  151. Section 151Assessment.
  152. Section 152Appeal to appellate authority.
  153. Section 153Investigation of certain matters.
  154. Section 154Orders for securing compliance.
  155. Section 155Procedure for issuing directions by the Authority
  156. Section 156Offence relating to irrigation or hydraulic works.
  157. Section 157Liability of removing obstruction or repairing the damage.
  158. Section 158Power to remove obstruction or damage to work.
  159. Section 159Offences relating to drinking water supply or dams.
  160. Section 160Offences relating to theft of material.
  161. Section 161Punishment for receiving stolen property.
  162. Section 162Interference with utilities or works of licensee.
  163. Section 163Negligently breaking or damaging works.
  164. Section 164Penalty for intentionally injuring works.
  165. Section 165Damage to public stand post.
  166. Section 166Punishment for non-compliance of other orders or directions.
  167. Section 167Offences relating to ground water.
  168. Section 168Offences relating to flood basin and embankments.
  169. Section 169Offences by a companies.
  170. Section 170Offence by Government employees.
  171. Section 171Abetment.
  172. Section 172Cognizance of offences.
  173. Section 173Punishment under other laws not barred.
  174. Section 174Penalty for non-compliance of directions of the Authority
  175. Section 175Power to adjudicate.
  176. Section 176Factors to be taken into account by adjudicating officer
  177. Section 177Civil Court not to have jurisdiction.
  178. Section 178Penalties not to effect other liabilities.
  179. Section 179Power of police to investigation.
  180. Section 180Certain offences cognizable.
  181. Section 181Compounding of offences.
  182. Section 182Constitution of Special Courts.
  183. Section 183Review.
  184. Section 184Grants and loans by the Government.
  185. Section 185Establishment of fund by Government.
  186. Section 185-AConstitution of Fund for utilization of Water Usage Charges.
  187. Section 186Accounts and Audit of Authority.
  188. Section 187Annual report of the Authority.
  189. Section 188Budget of the Authority.
  190. Section 189Direction by Government.
  191. Section 190Protection of action taken in good faith.
  192. Section 191Members, officers, etc of the Authority to be public servants.
  193. Section 192Recovery of water usage charges/penalty payable under the Act.
  194. Section 193Services of notices, orders or documents.
  195. Section 194Inconsistency in laws.
  196. Section 195Act to have overriding effect.
  197. Section 196Provisions of the Act to be in addition to and not in derogation of other laws.
  198. Section 197Powers of Government to make rules.
  199. Section 198Power of the Authority to make regulations.
  200. Section 199Rules and regulations to be laid before the State Legislature.
  201. Section 200Power to remove difficulties.
  202. Section 201Repeal and Saving.