RNI No. MAHENG/2009/35528 1, a 2, sae 23] RAR, UHreT 22, VORV/AMT 2 Wa LVI [TS &, fea: BA Yv.00 | TATARUT HATH io
aiferpe HTT .
Teng faarrizgart autre a weamet wenfta dee sears a dete fart safer fat a ara feurmeg oneteit fata (gaat srqare). In pursuance of clause (3) of article 348 of the Constitution of India, the following »translation in English of the Maharashtra Water Resources Regulatory Authority -(Amendment and Continuance) Act, 2011 (Mah. Act No. XXI of 2011), is hereby published under the authority of the Governor.
By order and in the name of the Governor of Maharashtra,
:H. B. PATEL,
Secretary. to Governthent, Law and Judiciary Department. MAHARASHTRA ACT No. XXI OF 2011. (First published, after having received the assent of the Governor in the "Maharashtra Government Gazette", on the 22nd April 2011). An Act to amend the Maharashtra Water Resources Regulatory Authority Act, 2005.
Mah. WHEREAS the Maharashtra Irrigation Act, 1976 regulates the supply moe of water for irrigation and non-irrigation purposes ;
1976.
AND WHEREAS the State Legislature has, in the year 2005 enacted Mah. two separate Acts, viz. the Maharashtra Water Resources Regulatory hotel Authority Act, 2005 and the Maharashtra Management of Irrigation Mah. Systems by Farmers Act, 2005 ;
XXIII of
2005.
UNM 3IS—i9-% (2) . . s
1
Qo rere iret crete ararercot TT BTS, UfiTeT 22, QoRR/AMA 2% Wa WWBz AND WHEREAS the Maharashtra Water Resources Regulatory Mah. Authority Act, 2005, and also the Maharashtra Irrigation Act, 1976, XVIII of provide for the regulation of water resources and determination of tariff 2005. by the authorities thereunder ; pos. XXXVI
. 0
AND WHEREAS the said Maharashtra Water Resources Regulatory Authority Act, 2005, does not repeal the Maharashtra Irrigation Act, 1976 ; xvii oS.
Mah.
XXXVI
of 1976. _ _ AND WHEREAS the Government of Maharashtra has, in exercise of : :- the powers conferred by section 3 of the Maharashtra Water Resources -Regulatory Authority Act, 2005, established, with effect from the. 8th June Mah. 2005, the Maharashtra Water Resources Regulatory Authority ; XVII of
2005.
AND WHEREAS it was expedient to clarify the roles of the State - Government and the Maharashtra Water Resources Regulatory - Authority, in relation to the allocation of water ; AND WHEREAS the Governor of Maharashtra promulgated the Maharashtra Water Resources Regulatory Authority (Amendment) Mah.
"Ordinance, 2010,.on the 17th September 2010 (hereinafter referred to Ord.
" the said Ordinance "); XI of * AND WHEREAS upon the re-assembly of the State Legislature on the 7°! ist December 2010, a Bill for converting the said Ordinance into an Act of the State Legislature was introduced in the Maharashtra Legislative Assembly as L. A. Bill No. LXXV of 2010, on the 1st December 2010; AND WHEREAS the said Bill could not be passed by the State Legislature, as the session of the State Legislature was prorogued on the 16th December 2010;
, AND WHEREAS as provided by article 213 (2) (a) of the Constitution of India, the said Ordinance would have ceased to-operate after the 11th January 2011, the date on which the period of six weeks from the date of re-assembly of the State Legislature would have expired ; AND WHEREAS it was considered expedient to continue the operation of the provisions of the said Ordinance; .
AND WHEREAS both Houses of the State Legislature were not in session and the Governor of Maharashtra was satisfied that circumstances _ existed which rendered it necessary for him to take immediate action to continue the operation of the provisions of the said Ordinance, for the purposes hereinafter appearing ; and, therefore, promulgated the ' Maharashtra Water Resources Regulatory Authority (Amendment and Mah. . Continuance) Ordinance, 2011, on the 11th January 2011; Ord.
. 0:
'AND WHEREAS it is expedient to replace the Maharashtra Water 2011. Resources Regulatory Authority (Amendment and Continuance) Mah. Ordinance, 2011 by an Act of the State Legislature ; it is hereby enacted pra. in the Sixty-second Year of the Republic of India as follows :— 2011. Short title 1. (1) This Act may be called the Maharashtra Water Resources and Regulatory Authority (Amendment and Continuance) Act, 2011. comment. _ (2) This section shall be deemed to have come into force on the 17th September 2010 and sections 2 to 6 shall be deemed to have come into force on the 8th June 2005.
2
HERTS WAT TAIT AATARUT APT ATS, UATE 22, ZoRL/AMTE 2, War LVS Mah. xvi 2. In section 2 of the Maharashtra Water Resources Regulatory ¢ Authority Act, 2005 (hereinafter referred to as "the principal Act " ),— 2008. (i) after clause (2), the following clause shall be inserted, namely :—
"(k-1) "High Power Committee " means the committee constituted by the State Government under the Government Resolution, Irrigation Department, No. Misc. 1001/(154-01V1. M.-(P), 'dated the 2ist January 2003 ; ";
(ii) after clause (uz), the following clause shall be inserted, namely : —
"(u-1) "sectoral allocation" means the allocation made in a water resources project by the State Government to the various 'Categories of Use ;"
In section:11 of the principal Act,—
(1) for clause (a), the following clause shall be substituted, namely :—
"(a) todetermine the criteria for the distribution of Entitlements by the River Basin Agencies, within each Category of Use, on such terms and conditions as may be prescribed, after sectoral allocation _is made under section 16A ; " ;
(2) clause (7) shall be deleted :
3.
(3) for clause (0), the following clause shall be substituted, namely :—
"(o) to establish a system of enforcement of the Entitlements
3
Amendment of section 2 of Mah.
XVIII of
2005.
Amendment of section:
11 of Mah. XVIII of
2005.
issued by the concerned River Basin Agency to various Categories — of Use and its regulation, through measurement and monitoring, - with a view to ensure that the actual use of water, both in quantity and type of use, are in compliance with the Entitlements issued ;" .
4. In section 14 of the principal Act, in sub-section (2), after the existing proviso, the following proviso shall be added, namely :—
"Provided further that, the Entitlement under this section shall be required only after the distribution of Entitlement has been determined and the criteria for issuance of Entitlement has been laid under section 11.".
5. After section 16.of the principal Act, the following section shall be inserted, namely. :—
"16A. : di ). Notwithstanding anything contained in section 11 or any other provisions of this Act or in any other law for the time being in force, the State Government shall determine the sectoral allocation :
Amendment
of section
14 of Mah.
XVII of
2005.
Insertion of section 16A in Mah.
XVIII of
2005.
Sectoral allocation by State
Government. Provided that, sectoral allocation so determined shall ordinarily be reviewed at such intervals of not less than three years :
Provided further that, after publication' of the Maharashtra Water Resources Regulatory Authority (Amendment and Continuance) Act, 2011, in the Official Gazette, the State Cabinet shall determine the sectoral allocation.
VPT Ais—\9-2
Mah.
XXI of
2011.
3
Insertion of sections
31A, 31B
and 31C in Mah. XVIII of 2005. Entitlement to apply only after delineation. Permission, allocation, etc., to
continue. Bar of
certain
suits or
proceedings, etc.
HERTS MAT WHIT SAAT ATT STS, UAT 2, VORL/ATA 2%, War Vaz
(2) After the sectoral allocation, as provided in sub-section (1) is determined, the Authority shall determine the criteria for the distribution of Entitlements under clause (a) of section 11. ".
6. After section 31 of the principal Act, the following sections shall be inserted, namely :—
"31A. Notwithstanding anything contained in this Act or any other law for the time being in force, the term " Entitlement" shall apply only to such areas where compliance of all relevant provisions including delineation under the Maharashtra Management of Irrigation Systems by Farmers Act, 2005 is made. Explanation.—In respect of the areas where the Maharashtra Management of Irrigation Systems by Farmers Act, 2005, has not become applicable, section 78 of that Act shall apply and be effective. 31B. Notwithstanding anything contained in this Act or in any other law for the time being in force, or in any order, judgement or decree of any court, tribunal or authority, any person or Water User Entity to whom a permission, allocation, sanction, authorization or Entitlement of water has been granted by the High Power Committee or the River Basin Agency or the State Government, prior to the 17th September 2010, being the date of commencement of section 1 of the Maharashtra Water Resources Regulatory Authority (Amendment and Continuance) Act, 2011, shall be deemed to have been granted, in accordance with the provisions of this Act and accordingly the same shall continue and no such person or Water User Entity shall be 'required to obtain fresh permission, allocation, sanction, authorization or Entitlement to draw water.
31C. Notwithstanding anything contained in this Act or in any other law for the time being in force, a permission, allocation, sanction, authorization or Entitlement of water, granted by the High Power Committee or the River Basin Agency or the State Government prior to the 17th September 2010, being the date of commencement of section 1 of the Maharashtra Water Resources Regulatory Authority (Amendment and Continuance) Act, 2011, shall be valid and shall be deemed always to have been valid and accordingly no suit, prosecution or any other legal proceedings shall lie, challenging such permission, allocation, sanction, authorization or Entitlement to draw water, before any court, tribunal or other authority and no such suit, prosecution _ or other legal proceedings shall lie or continue on the ground that any permission, allocation, sanction, authorization or Entitlement, as required under this Act, has not been obtained. ".
Mah.
XXIII of
2005.
XXIII of
2005.
Mah.
XXI
of
2011.
4
FETS MAT WATT STATO ATT SNS, TANT 22, VORL/AMA 2% WH WV» 4 Mah. 7. (1) The Maharashtra Water Resources Regulatory Authority Repeal of aa (Amendment and Continuance) Ordinance, 2011, is hereby repealed. ene sot
0: .
2011. (2) Notwithstanding such repeal, anything done or any action taken and saving. (including any notification or order issued) under the principal Act, as amended by the said Ordinance, shall be deemed to have been done, taken or issued, as the case may be, under the corresponding-provisions of the principal Act, as amended by this Act.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, .PRINTED AND PUBLISHED BY
SHRI PARSHURAM JAGANNATH GOSAVI, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI
ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY.:AND PUBLICA
TION,
21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR: SHRI PARSHURAM JAGANNATH GOSAVI.
5