Uttarakhand act 003 of 2016 : Uttarakhand Water Management and Regulatory (Amendment) Act, 2016

Section 1. Short title, extent and commencement

1. Short title, extent and commencement.- (1) This Act may be called the Uttarakhand Water Management and Regulatory (Amendment) Act, 2016.

(2) It shall come into force at once.

(3) Any action taken under the Uttarakhand Water Management and Regulatory Act, 2013 (hereinafter referred as principal Act) shall be deemed action taken under this Act.

Section 2. Amendment in the principal Act

2. Amendment in the principal Act.- (1) Wherever the word "Authority" occurs in the principal Act, the word shall be substituted as "commission".

Section 3. Amendment of Section 2

3. Amendment of Section 2.- In place of sub-section (g) of Section 2 of the principal Act, the following sub-section shall be substituted, namely-

"2(g) "Commission" means the Uttarakhand Water Resources Management and Regulatory Commission.".

Section 4. Amendment of Section 3

4. Amendment of Section 3.- In place of sub-sections (1) and (4) of Section 3 of the principal Act, the following sub-section shall be substituted, namely-

"(1) The State Government shall by notification, establish a Commission within three months from the date of commencement of this Act, to be known as the Uttarakhand Water Resources Management and Regulatory Commission who shall exercise the powers conferred on, and to perform the functions assigned to him under this Act.

(4) The Commission shall consist with a Chairperson and such number of Members not exceeding two as may be notified by the State Government.".

Section 5. Amendment of Section 4

5. Amendment of Section 4.- In place of sub-section (1)(b) of Section 4 of the principal Act, the following sub-section shall be substituted, namely-

"(1)(b) The Member of the Commission shall be persons of ability, integrity and standing who have adequate knowledge of, or experience in, or have shown capacity in dealing with, problems in relation to engineering, finance, commerce, economics, law or management:

Provided that at least one Member shall be from amongst the member who are either holding or have held a post not below the rank of Chief Engineer or equivalent and having qualification and at least 25 years of experience in the field of Hydropower Engineering.".

Section 6. Amendment of Section 6

6. Amendment of Section 6.- In place of sub-section (1) of Section 6 of the principal Act, the following sub-section shall be substituted, namely-

"(1) The State Government shall, by notification, constitute a selection committee, for the purposes of making appointments of the Chairman and Members under sub-section (5) of Section 3. The Committee shall consist of-

(a) Chief Secretary, Government of Uttarakhand - Ex Officio Chairman

(b) Chairman, Central Water Commission or his nominee who shall be the member of the Central Water Commission - Ex Officio Member

(c) Principal Secretary/Secretary, as may be Finance, Government of Uttarakhand - Ex Officio Member

(d) Director, Indian Institute of Management, Kashipur - Ex Officio Member

(e) Principal Secretary/Secretary, as may be irrigation, Government of Uttarakhand - Ex Officio Member Secretary".

Section 7. Amendment of Section 9

7. Amendment of Section 9.- In place of sub-section (2) of Section 9 of the principal Act, the following sub-section shall be substituted, namely-

"(2) The Commission shall obtain necessary information from the concerned Departments of the State Government. The Commission may appoint such number of officers and Employees as it considers necessary for the performance of its duties and functions. Determination of numbers of officers and employees in Commission after the approval of the State Government.".

Section 8. Amendment of Section 12

8. Amendment of Section 12.- In place of sub-section (a) of Section 12 of the principal Act, the following sub-section shall be substituted, namely-

"(A) to approve the Integrated State Water Plan/Basin Plans developed by Departments of the State Government to ensure sustainable management of water resources within the parameters laid down by State Water Policy as amended from time to time.".