 the water (accessibility and conservation) bill, 2018 byshri  anurag  singh  thakur, mp———— arrangement of clauses————clauses chapter i preliminary1short title, extent and commencement2definitions chapter ii right to water3right to water4availability of adequate water to educational and healthcare institutions5appropriate government to promote restoration of water bodies6delegation of providing water to a private agency chapter iii planning for water security7water security plan chapter iv maintenance and conservation of water dependent ecosystems8maintenance and conservation of water dependent ecosystems chapter v water use prioritisation9water use priority chapter vi identification of eligible households10identification of eligible households11division of rural and urban areas eligible households(ii)clauseschapter vii national water commission12constitution of the national water commission13qualification for the appointment of chairperson, member or member-secretary of the national commission14term of office of chairperson, member of member-secretary of the national commission15removal from office of chairperson, member or member-secretary of the nationalcommission16function of the national commission chapter viii state water commission17constitution of state water commission18qualification for the appointment of chairperson, member or member-secretary of the state commission19term of office of chairperson, member or member-secretary of the state commission20removal from office of chairperson, member or member-secretary of the state commission21functions of the state commission22power of state commission23state commission to forward case to magistrate24reference of provisions of section 1825act of state commission not to be invalid in certain cases chapter ix water management centre26setting up of water management center27function of water management center chapter x obligations of appropriate government towards water conservation and security28obligation of appropriate government chapter xi obligatiions of a citizen towards conservation29obligation of citizens towards conservation chapter xii water standard institute30setting up of water standard institute31functions of  water standard institute32constitution of technical committee33copyright of the indian standard to vest in the institute34central government to provide requisite funds to the instituteclauseschapter xiii grievance redressal mechanism35setting up of grievance redressal mechanism36district grievance redressal officer37functions of the district grievance redressal officer chapter xiv transparency and accountability38appropriate government to put water related data in public domain39appropriate government to assign a unique indentification to the rural and urban areas chapter xv provisions for advancing water security40appropriate government to focus on special areas41appropriate government to make efforts for advance water security42appropriate government to make efforts for clean and safe drinking water chapter xvi conservation of water used for irrigation43appropriate government to take steps for conservation of water used for irrigation chapter xvii miscellaneous44penalty45delegation of power by the central government46delegation of power by the state government47central government to issue directions48central government to provide adequate funds to the state government49power to remove difficulties50act to have overriding effect51savings52power to make rules bill  no  165 of  2018 the water (accessibility and conservation) bill, 2018 byshri anurag singh thakur,  mpa billto provide an overarching national legal framework with principles for distribution, conservation, regulation and management of water as a vital and stressed natural resource, under which legislation and executive action on water at all levels of governance, as also water-use and water-related actions by persons and their associations, public and private institutions and bodies corporate of all kinds, may take place, and for matters connected therewith or incidental thereto;whereas water is the common heritage of the people of india and is essential for the sustenance of life in all its forms; an integral part of the ecological system, sustaining and being sustained by it; a basic requirement for livelihoods; a cleaning agent; a necessary input for economic activity such as agriculture, industry, and commerce; a means of transportation; a means of recreation; an inseparable part of a people's landscape, society, history and culture; and in many cultures, a sacred substance, being venerated in some as a divinity;and whereas the directive principles of state policy direct the state to secure a social order for the promotion of welfare of the people and it is the duty of the state to raise the level of nutrition and the standard of living and to improve public health;and whereas the united nations in its resolution 64/292 adopted by the general assembly on the 28th july, 2010 has recognized the human right to water and acknowledged that clean drinking water is essential to the realization of all human rights;and whereas clean water and sanitation is also one of the united nations sustainable development goals and india has committed to meeting the united nations sustainable development goals by the year 2030be it enacted by parliament in the sixty-ninth year of the republic of  india as follows:— chapter i preliminary1 (1) this act may be called the water (accessibility and conservation) act, 2018short title, extent and commencement(2) it extends to the whole of india5(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint and different dates may be appointed for different states and different provisions of this actdefinitions2 (1) in this act, unless the context otherwise requires,—(a) "appropriate government" means—10(i) in the case of a state, the government of that state; (ii) in all other cases, the central government; and (iii) includes institutions of local-self government;15(b) "aquifer" means a geological formation, group of formations or part of a formation that is sufficiently porous and permeable to yield a significant quantity of water to a well or spring;(c) "community" means a particular area or place considered together with its inhabitants;| (                                                                                       | d   | ) "differential pricing" means different pricing of water for different uses and   ||-----------------------------------------------------------------------------------------|-----|------------------------------------------------------------------------------------|| for different classes of users depending on their use;                                  |     |                                                                                    || 20                                                                                      |     |                                                                                    || (                                                                                       | e   | ) "ecological integrity" means the natural condition of water and other resources  || sufficient to ensure proper integration of biological, chemical and physical aspects of |     |                                                                                    || the aquatic and terrestrial environment;                                                |     |                                                                                    || 25                                                                                      |     |                                                                                    |(f) "environmental flows" refers to the quality, quantity and timing of water flows required to maintain the components, functions, processes, and resilience of aquatic ecosystems that provide goods and services to people;(g) "environmental pollution" shall have the same meaning as assigned to it under the environmental protection act, 1986;30(h) "groundwater" means water occurring in its natural state, where it exists below the surface in the zone of saturation whereby it can be extracted through wells or any other means or emerges as springs and base flows in streams and rivers in its natural state as a common pool resource;(i) "institute" means the water standard institute constituted under section 30; (j) "kutcha" refers to houses made of mud and organic material and are susceptible to temperature changes;(k) "local self-government" means a panchayat, municipality or a cantonment board or any such authority by whatever name called;(l) "national commission" means the national water commission established under section 12;5(m) "participatory approach" refers to the active association and involvement ofthe primary stakeholders in policy-formulation, project-planning or implementation, or activity, scheme, programme, project or institutional arrangements of any kind;(n) "participatory irrigation management" refers to the participation of irrigation users—the farmers—in the management of the irrigation system;(o) "prescribed" means prescribed by rules made under this act;10(p) "pucca" refers to houses made of concrete, stone, clay, tiles or metals; (q) "rainwater harvesting" means capturing and conserving rainwater or retarding runoff through various structures either for the direct use of the stored waters or for recharging groundwater aquifers;15(r) "rural area" means any area in a state except those areas covered by anyurban local body or a cantonment board established or constituted under any law for the time being in force;(s) "state commission" means the state water commission established under section 17;20(t) "state government", in relation to a union territory, means the administratorthereof appointed under article 239 of the constitution;(u) "sustainable use" means the use of water that ensures continued availability for present and future generations, without depletion or deterioration or dysfunctionality and the continued healthy function of the related ecological system; and25(v) "water user association (wua)" means a group of local water users, largely farmers, that pool together financial and operational resources for the maintenance of irrigation systems negotiate water prices with the service providers and collect user fees30(2) words and expressions used in this act, but not defined, shall have the meaning assigned to them in any other law in this regard in force, as the case may be chapter ii right to waterright to water353 (1) every person belonging to the eligible households shall be entitled to receive a minimum of thirty litres of water per day and access to public water sources to fulfill his basic domestic and personal needs(2) the appropriate government shall ensure that no person is deprived of his right to get entitled quantity of water or access to water sources under sub-section (l) on the basis one's caste, creed, community or gender404 the appropriate government shall ensure that adequate amount of water is providedto every educational and healthcare institutions to ensure their efficient functioningavailability of adequate water to educational and healthcare institutions5 the appropriate government shall promote restoration of water bodies under the repair, renovation and restoration of water bodies scheme undertaken by the ministry of water resources, river development and ganga rejuvenationappropriate government to promote restoration of water bodies56 the appropriate government may, for the purposes of section 3, engage any private agency to provide water to individuals as per their entitlements in such manner as may be prescribeddelegation of providing water to a private agencyexplanation—for the removal of doubt it is hereby declared that—(i) the right of persons to water and the duty of the state to provide the same shall remain in force;10(ii) the private agencies shall only be responsible for operation and maintenance and not for pricing of the water; and(iii) the appropriate government shall ensure that such a delegation of providing water to a private agency, in no event, constitute the privatization of water chapter iii15 planning for water securitywater security plan7 (1) the appropriate government shall prepare and oversee the implementation of water security plan based on the requirement and availability of water to ensure that safe and sufficient water is available to all even in times of droughts, floods and such other emergencies(2) the water security plan prepared under sub-section (1) shall, inter alia include:—20(a) incentives for promoting agro-climatic zoning and adoption of waterconserving technologies such as drip irrigation, terrace farming and sprinklers;(b) restrictions on setting up of water-intensive industries in water stressed areas;(c) setting up of groundwater recharge structures;25(d) community based sharing of both surface and groundwater; (e) ensure conservative use of surface and groundwater for irrigation; (f) measures to prevent the wastage of water; (g) effective strategies attenuate drought, flood or other such conditions; and30(h) provisions of contingency fund to meet expenditure of providing water in case of emergency such as floods or droughts (3) the water security plan prepared under sub-section (1) shall be in addition to other water security related plans required under other laws or government schemes35(4) the water security plan prepared under sub-section (1) shall be revised annually and as and when required taking into consideration the droughts, floods and such other emergencies chapter iv maintenance and conservation of water dependent ecosystems408 (1) the appropriate government shall, in a manner that is sustainable, equitable, transparent, accountable and participatory, strive to maintain and conserve rivers, water bodies, aquifers and wetlands recognized as water dependent ecosystems under their jurisdiction from over-use, depletion, abuse, pollution, contamination and degradationmaintenance and conservation of water dependent ecosystems(2) for the purposes of maintenance and conservation of water dependent ecosystems under sub-section (1)—(a) there shall be minimum interference in existing natural river flows;5(b) river flood plains shall be protected from construction and other industrial activities causing harm to the ecosystem;(c) where water dependent ecological systems have already been encroached on, efforts shall be made to stop further encroachment or interference and reverse the adverse impact already made, to the utmost extent possible;10(d) environmental flows adequate to preserve and protect a river basin as a hydrological and ecological system shall be maintained and be ensured that the low and high flow releases are proportional to the natural flow regime, including base flow contribution; and(e) in the case of rivers regulated by dams, steps shall be taken to ensure better downstream flows chapter v15 water use prioritisationwater use priority9 (1) the appropriate government shall, while taking into account the requirement, availability and climatic conditions of the area, decide the priority on use of water to sustain water dependent ecosystems20(2) the priority on the use of water under sub-section (1) shall be in the following order:—(a) meeting the right to life; (b) achieving food security and sanitation; (c) supporting sustainable livelihoods; and25(d) requirement for functioning of industries chapter vi identification of eligible householdsidentification of eligible households10 (1) the appropriate government shall identify the eligible households under their jurisdiction with a view to ensure safe and sufficient availability of water30(2) for the purposes of sub-section (1), the following shall be the eligibility conditions:—(a) at least one tap accessible to every household having running water for at least one continous hour per day; and(b) at least one public source of water within a radius of one thousand meter from the residential accommodation and the collection time shall not exceed thirty minutes35division of rural and urban areas eligible households11  every water management centre set up under section 26 shall, for the purposes of sub-section (1) of section 10, divide the geographical area under its jurisdiction into rural and urban areas to identify the eligible households as follows:—(a) rural area households shall be entitled to receive water if the condition under clause (b) of sub-section (2) of section 10 is not fulfilled; and40(b) pucca urban area households shall be entitled to receive water if the conditionunder clause (a) of sub-section (2) of section 10 is not fulfilled; and(c) kutcha urban area households shall be entitled to receive water if the conditionunder clause (b) of sub-section (2) of section 10 is not fulfilled chapter vii national water commission12 (1) the central government shall, by notification in the official gazette, constitute a body to be known as the national water commission to perform the functions assigned to it under this act5constitution of the national water commission(2) the headquarters of the national commission shall be located in the national capital region(3) the national commission shall consist of:—(a) a chairperson; (b) five other members; and10(c) a member-secretary:provided that at least two persons of the national commission whether chairperson, member or member-secretary shall be women:15provided further that least one person each of the national commission whether chairperson, member or member-secretary shall be the person belonging to the scheduled castes and the scheduled tribes(4) the central government shall make available to the national commission such number of administrative and technical staff, as it may consider necessary for its efficient functioning20(5) the salary and allowances payable to, method of appointment and other terms and conditions subject to which the chairperson, members, member-secretary and other administrative and technical staff of the national commission, shall be such as may be prescribed25(6) the time, place and procedure of meetings of the national commission (including the quorum at such meetings) and its powers, shall be such as may be prescribed13 the chairperson, members and member-secretary shall be appointed from amongst persons—30(a) who are or have been a member of all india services or indian legal service or any other civil services of the union or holding a civil post under the union having knowledge and experience in matters relating to water security, policy making and administration in the field of civil supplies, water security, health or any allied field;qualification for the appointment of chairperson, member or membersecretary of the national commission(b) of eminence in public life with wide knowledge and experience in water security, law, human rights, social service, management, nutrition, health, or public administration; or35(c) who have a proven record of work relating to the improvement of the water management system and water security rights of the poor 14 the chairperson, member and member-secretary shall hold office for a term not exceeding five years from the date on which he enters upon his office and shall be eligible for reappointment:40provided that no person shall hold office as the chairperson, member or membersecretary after he has attained the age of sixty-five yearsterm of office of chairperson, member or membersecretary of the national commission15 the central government may remove from office the chairperson, member and member-secretary who—(a) is, or at any time has been, adjudged as an insolvent; or45(b) has become physically or mentally incapable of acting as a member; or removal from office of chairperson, member or membersecretary of the national commission(c) has been convicted of an offence which, in the opinion of the central government, involves moral turpitude; or(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a member; or(e) has so abused his position as to render his continuation in office detrimental to the public interest:5provided that no such chairperson, member or member-secretary shall be removedunder clause (d) or (e) unless he has been given a reasonable opportunity of being heard in the matter16 the national commission shall undertake the following functions, namely:—functions of the national commission(a) monitor and evaluate the implementation of schemes under this act;10(b) either suo motu or on receipt of complaint inquire into violations ofentitlements provided under this act;(c) advise the central government in synergizing existing schemes and framing new schemes for the entitlements provided under this act;15(d) recommend to the central government and the state governments, steps forthe effective implementation of water distribution and management related schemes, to enable persons to fully access their entitlements specified in this act;(e) issue requisite guidelines for training, capacity building and performance management of all persons charged with the duty of implementation of the schemes;(f) consider the reports and recommendations of the state commissions for inclusion in its annual report;20(g) hear appeals against the orders of the state commission; (h) prepare annual reports on implementation of this act, which shall be laid before each house of parliament by the central government;(i) observe the performance of the state governments in establishing legal frameworks to facilitate participatory irrigation management (pim); and25(j) assess the impact of their policies by evaluating broader socio-economic outcomes beyond just the infrastructure construction achievements chapter viii state water commission3017  (1) every state government may, by notification, constitute a state water commission for the purpose of monitoring and review of implementation of provisions of this act:constitution of state water commissionprovided that two or more states may have a joint state water commission for the purposes of this act with the approval of the central government35(2) the headquarters of the state commission shall be at such place as may be notified by the state government concerned(3) the state commission shall consist of—(a) a chairperson; (b) five other members; and40(c) a member-secretary, who shall be an officer of the state government notbelow the rank of joint secretary to the state government:provided that at least two persons of the state commission whether chairperson, member or member-secretary shall be women:provided further at least one person each of the state commission whether chairperson, member or member-secretary shall be the person belonging to the scheduled castes or the scheduled tribes5(4) the state government concerned shall make available to the state commission such number of administrative and technical staff, as it may consider necessary for its efficient functioning10(5) the salary and allowances payable to, method of appointment and other terms and conditions subject to which the chairperson, members, member-secretary and other administrative and technical staff of the state commission, shall be such as may be prescribed(6) the time, place and procedure of meetings of the state commission (including the quorum at such meetings) and its powers, shall be such as may be prescribed1518 the chairperson, members and member-secretary shall be appointed from amongst persons—(a) who are or have been member of the all india services or any other civil services of the union or state or holding a civil post under the union or state having knowledge and experience in matters relating to water security, policy making and administration in the field of health or any allied field; or20qualification for the appointment of chairperson, member or membersecretary of the state commission(b) of eminence in public life with wide knowledge and experience in water management, law, human rights, social service, management, health, or public adminstration; or(c) who have a proven record of work relating to the improvement of the water management system and the water rights of the poor2519 the chairperson, member and member-secretary shall hold office for a term not exceeding five years from the date on which he enters upon his office and shall be eligible for reappointment:30provided that no person shall hold office as the chairperson, member or membersecretary after he has attained the age of sixty-five yearsterm of office of chairperson, member or membersecretary of the state commission20 the state government may remove from office the chairperson, member and membersecretary who—(a) is, or at any time has been, adjudged as an insolvent; or (b) has become physically or mentally incapable of acting as a member; or35removal from office of chairperson, member or membersecretary of the state commission(c) has been convicted of an offence which, in the opinion of the central government, involves moral turpitude; or(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a member; or40(e) has so abused his position as to render his continuation in office deterimental to the public interest: provided that no such chairperson, member or member-secretary shall be removed under clause (d) or (e) unless he has been given a reasonable opportunity of being heard in the matter21 the state water commission shall undertake the following functions, namely:—functions of the state commission45(a) monitor and evaluate the implementation of the schemes under this act, in relation to the state;(b) either suo motu or on receipt of complaint inquire into violations of entitlements provided under chapter ii;(c) advice the state government on effective implementation of this act;5(d) advice the state government, their agencies, autonomous bodies as well asnon-governmental organizations involved in delivery of relevant services, for the effective implementation of water related schemes, to enable individuals to fully access their entitlements specified in this act;(e) hear appeals against orders of the district grievance redressal officer; and10(f) prepare annual reports which shall be laid before the state legislature by the state governmentpower of state commission22 the state commission shall, while inquiring into any matter referred to in clauses(b) and (e) of section 21, have all the powers of a civil court while trying a suit under the code of civil procedure, 1908, and, in particular, in respect of the following matters, namely:—(a) summoning and enforcing the attendance of any person and examining him on oath;15(b) discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; and(e) issuing commissions for the examination of witnesses or documents2023 the state commission shall have the power to forward any case to a magistrate having jurisdiction to try the same and the magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case has been forwarded to him under section 346 of the code of criminal procedure, 1973state commission to forward case to magistrate25reference of provisions of section 1824 the provisions of section 18 shall apply to the state water commission and shall have effect subject to the modification that reference to the national commission shall be construed as reference to the state commission25 no act or proceeding of the state commission shall be invalid merely by reason of—(a) any vacancy in, or any defect in the constitution of, the state commission; oract of state commission not to be invalid in certain cases30(b) any defect in the appointment of a person acting as a member of the state commission; or any irregularity in the procedure of the state commission not affecting the merits of the case chapter ix water management centre35setting up of water management center26 (1) the appropriate government shall set up water management centers (wmc)in every district under their jurisdiction to ensure the provision of safe and sufficient availability of water to eligible households, promote decentralization of water distribution and management and ensure empowering of the stakeholders with participatory approach40(2) the water management centers set up under sub-section (1) shall be accountable to the state government concerned which shall oversee and regulate their activities and funds(3) the water management center shall consist of:—(a) a director; (b) a management committee comprising of:—(i) head of the local self-government of the concerned water management center;(ii) two representatives nominated by the director and the head of the local government from local non-governmental organisations; and5(iii) an eminent personality nominated by the head of the local self-government, to be appointed by the appropriate government in such manner as may be prescribed: provided that atleast fifty per cent, of the position in the management committee shall be held by women10(3) the appropriate government shall appoint such number of officers and staff to the water management center as it deems necessary for carrying out the provisions of this act15(4) the salary and allowances payable to, and other terms and conditions of service of director, representatives of the management committee appointed under sub-clauses (ii)and (iii) of clause (b) of sub-section (2) and officers and staff shall be such as may be prescribed27 every water management center set up under sub-section (1) of section 26 shall,—(a) monitor the water usage, management, wastage and requirement in the area, using water meters or other methods as directed by the state government;20(b) implement, maintain and price the local water supply in the area under it, by taking into account the differential pricing of water;(c) ensure sustainability and improvement of water infrastructure and utilities; (d) encourage efficient water use by households in an increasingly water scarce environment;25(e) regulate, monitor and repair leakages in the pipes of running water to prevent the wastage of water;(f) ensure that industries in their district produce those goods which are water conservation friendly by providing incentives to the industries to produce goods with less use of water;30(g) present a quarterly report to the state government concerned about the water situation in that area and their recommendations on advancing water security;(h) take up activities such as distribution of water to eligible households, waste water treatment and installation of water conservation systems;(i) work with water user association and note down their requirements and suggestions, and submit a report in this regard to the state government concerned;35(j) regularly supervise the implementation of schemes made under this act; (k) inform the district grievance redressal officer, in writing, of any malpractice or misappropriation of funds or violation of the provisions of this act; and(l) undertake such other functions as may be assigned to it, from time to time obligations of appropriate government towards water conservation and security28 the appropriate government shall:—obligations of appropriate government(a) ensure availability of water in accordance with the number of persons belonging to the eligible households identified in each state;5(b) strive to strengthen the inter-sectoral policy frameworks and institutional mechanisms for integrated management of water-related health hazards and risks including health impact assessment, strategic extension of drinking water systems and services, and environmental management to protect health in water resources and wastewater management projects;(c) conduct aggressive campaigns to efficiently conserve water and manage water sources under its jurisdiction;(d) encourage non-governmental organisations, industries, schools and universities to take up water conservation measures and install water harvesting mechanisms under their premises;10(e) provide leverage to the private sector expertise, especially in the realms oftechnology and data to ensure the quick creation and efficient management of data and monitoring systems of water;15(f) create robust water data systems with real-time monitoring capabilities toensure that the data may be used to target policy interventions and enable innovation in the broader water ecosystem;(g) ensure survival or revival of ancient water conservation and rejuvenation traditions and systems;20(h) tap into the local knowledge base of problems and challenges surroundingwater supply systems, while ensuring true representation throughpartnerships with non-governmental organisations and other relevant organizations;(i) establish a legal framework to facilitate participatory irrigation management through water user associations (wua's); and25(j) oversee the working of the water management centers under its jurisdiction chapter xi obligations of a citizen towards conservation29 every citizen of india shall,—obligations of a citizen towards conservation30(a) indulge in water conservation friendly practices including rain water harvesting;(b) report instances of water wastage to concerned grievance redressal officers; (c) provide information relating to groundwater related data to the appropriate water management center including details of tube wells, deepening of tube well, dug well, pumps and water quality issue; and35(d) encourage and spread awareness about water security amongst citizens asfar as possible chapter xii water standard institute4030 (1) the central government shall, by notification in the official gazette, set up an institute to be known as the water standard institute to be an institute to undertake research, study and frame adequate water safety standards vis-a-vis international standardssetting up of water standard institute(2) the institute shall consist of:—(a) three chemical scientists; (b) two agro-climate experts; (c) one biologist; and45(d) thirty administrative staff representing all the state governments, to be appointed by the central government in such manner as may be prescribed (3) the salary and allowances payable to, and other terms and conditions of service of scientists, experts, biologists and staff of the institute shall be such as may be prescribed531 the institute shall,—(a) establish, publish, notify, review and promote the water safety standard;functions of water standard institute(b) ensure that the safety standards set for water quality are revised on a periodic basis and amended as and when required and reported to the national commission to ensure proper implementation;10(c) adopt a water safety standard established by any other institution in india or elsewhere;(d) recognize or accredit any institution in india or outside engaged in standardization;(e) undertake, support and promote such research as may be necessary for formulation of water safety standards; and15(f) interlink and manage water quality and quantity with broader environmental management approaches including the use of economic incentives and penalties: provided that every indian standard for water safety notified by the institute shall remain valid until it is withdrawn20constitution of technical committee32 the institute shall, for the purpose of this act, constitute, as and when considered necessary, such number of technical committees of experts for the formulation of standards under section 3033 notwithstanding anything contained in any other law, the copyright in an indian water safety standard or any other publication of the institute shall vest in the institutecopyright of the indian water safety standard to vest in the institute2534 the central government shall, after due appropriation made by parliament by law in this behalf, provide requisite funds to the institute to undertake research on water quality and standards required for various purposescentral government to provide requisite funds to the institute chapter xiii grievance redressal mechanism3035 the appropriate government shall set up an internal grievance redressal mechanism including call centers, help lines, designation of nodal officers or such other mechanism as may be prescribedsetting up of grievance redressal mechanism35district grievance redressal officer36 (1) for the purposes fo section 35, the appropriate government shall appoint or designate, for each district under or jurisdiction, an officer to be known as the district grievance redressal officer for expeditious and effective redressal of grievances of the aggrieved persons in matters relating to procurement of water and enforcement of the entitlements under this act(2) the appropriate government shall appoint such number of officers and staff to the district grievance redressal officer as it deem necessary for carrying out the purposes of this act5(3) the qualifications for appointment, method and terms and conditions of appointment of district grievance redressal officer and other officers and staff shall be such as may be prescribed37 (1) the district grievance redressal officer appointed under section 36 shall hear complaints regarding non- availability of water, and matters relating thereto, and take necessary action for their redressal in such manner and within such time as may be prescribed;functions of the district grievance redressal officer10(2) any complainant or the officer or authority against whom any order has beenpassed by officer referred to in sub-section (1) who is not satisfied with the redressal ofgrievance may file an appeal against such order before the state commission concerned(3) every appeal under sub-section (2) shall be filed in such manner and within such time as may be prescribed chapter xiv15 transparency and accountability38 the appropriate government shall put all water related data in public domain including data on groundwater levels, groundwater quality,  surface water sources and water available for irrigation, soils and all other  data related to water use by the stakeholders as considered appropriate for  all uses of water2039 the appropriate government shall assign a unique identification to the panchayat, municipality or a cantonment board or any such authority by whatever name called in rural or urban areas under its jurisdiction, as the case may be, to compile data about the projects and facilities in those areas easily accessible to the rural and urban population25 chapter xvappropriate government to put water related data in public domainappropriate government to assign a unique identification to the rural and urban areas provisions for advancing water securityappropriate government to focus on special areas40 the appropriate government  shall, while implementing the provisions of this act and the schemes for meeting specified entitlements, make special focus to the needs of the vulnerable groups especially in remote areas and such other areas prone to water scarcity to provide water security3041 the appropriate government shall make efforts to further advance water security including:—| (             | a   | )  improved and timely service delivery of water to the eligible households;   ||---------------|-----|--------------------------------------------------------------------------------|| appropriate   |     |                                                                                || government    |     |                                                                                || to make       |     |                                                                                || efforts for   |     |                                                                                || advance water |     |                                                                                || security     |     |                                                                                || (             | b   | ) operation of multi-village schemes;                                          |(c) efficient operation and maintenance of water and related systems;35(d) ensuring adequate and proper water quality; (e) ensuring sustainable use of water; (f)  pioneering efforts for waste water management; and40(g) effective communication among all institutions under its jurisdiction for water conservation42 the appropriate government shall make efforts to fulfil the needs of people for clean and safe water for drinking and domestic use as a priority over other uses such as industrial and agricultural irrigationappropriate government to make efforts for clean and safe drinking water chapter xvi conservation of water used for irrigation543 the appropriate government shall,-—(a) stress on the importance of conserving and managing the water used for agricultural irrigation;appropriate government to take steps for conservation of water used for irrigation10(b) establish a legal framework to facilitate participatory irrigation management through water user associations (wua's) having significant competitive advantages in the operation and management, and user fee collection for irrigation due to their local knowledge and direct incentives; and(c) encourage agro-climatic zoning by providing tax based incentives by law to those opting for it chapter xvii15 miscellaneouspenalty2044 (1) if any public servant or authority contravenes the provisions of this act and isfound guilty, by the state commission at the time of deciding any complaint or appeal, of failing to provide the relief recommended by the district grievance redressal officer, without reasonable cause, or willfully ignoring such recommendation, shall be liable to penalty not exceeding rupees five thousand rupees:provided that the public servant or the public authority, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is being imposed upon him25(2) for the purpose of adjudging penalty under sub-section (1), the state commission shall authorize any of its members to be an adjudicating officer for holding an inquiry in the prescribed manner after giving any person concerned a reasonable opportunity of being heard before imposing any penalty30(3) while holding an inquiry under sub-section (2), the adjudicating officer shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document which in the opinion of the adjudicating officer, may be useful for or relevant to the subject matter of the inquiry and if, on such inquiry, he is satisfied that the person has failed to provide the relief recommended by the district grievance redressal officer, without reasonable cause, or willfully ignored such recommendation, he may impose such penalty as he thinks fit35delegation of power by the central government| 45                                                                                           |  the central government may, by notification, direct that the powers exercisable by   ||-----------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------|| it (except the power to make rules), in such circumstances and subject to such conditions     |                                                                                       || and limitations, be exercisable also by the state government or an officer subordinate to the |                                                                                       || central government or the state government as it may specify in the notification             |                                                                                       || 40                                                                                            |                                                                                       || delegation of                                                                                 |                                                                                       || power by the                                                                                  |                                                                                       || state                                                                                         |                                                                                       || government                                                                                   |                                                                                       || 46                                                                                           | the state government may, by notification, direct that the powers exercisable by it   || (except the power to make rules), in such circumstances and subject to such conditions and    |                                                                                       || limitations, be exercisable also by an officer subordinate to it as it may specify in the     |                                                                                       || notification                                                                                 |                                                                                       |47 the central government may, from time to time, give such directions, as it may consider necessary, to the state governments for the effective implementation of the provisions of this act and the state governments shall comply with such directionscentral government to issue directions5 48 the central government shall, after due appropriation made by parliament by law in this behalf, provide adequate funds to the state governments for carrying out the purposes of this actcentral government to provide adequate funds to the state governmentspower to remove difficulties49 if any difficulty arises in giving effect to the provisions of this act, the central government may make such order or give such direction, not inconsistent with the provisions of this act, as may appear to be necessary or expedient for removing the difficulty:10provided that no such order shall be made after the expiry of the period of two years from the date of commencement of this actact to have overriding effect50 the provisions of this act or the schemes made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of such law15savings51 the schemes, guidelines, orders and water standard, grievance redressal mechanismexisting on the date of commencement of this act, shall continue to be in force and operate till such schemes, guidelines, orders and water standard, grievance redressal mechanism, are specified or notified under this act or the rules made thereunder:20provided that anything done or any action taken under the said schemes, guidelines, orders and water standard, or by grievance redressal mechanism committees shall be deemed to have been done or taken under the corresponding provisions of this act and shall continue to be in force accordingly unless and until superseded by anything done or by any action taken under this actpower to make rules52 (1) the appropriate government may, by notification in the official gazette, make rules for carrying out the purposes of this act2530(2) every rule made under this act by the central government shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule35(3) every rule made by the state government under this act shall be laid, as soon asmay be after it is made, before the state legislature statement of objects and reasonshon'ble supreme court and the various high courts have interpreted article 21 of the constitution of india viz the right to life, as encompassing the right to safe and sufficient water and sanitation the directive principles of state policy also direct the state to secure a social order for the promotion of welfare of the people and says that it is the duty of the state to raise the level of nutrition and the standard of living and to improve public health recently, the niti aayog expressed concern over the fact that six hundred million people in india face high to extreme water stress in the country, and about three-fourth of the households in the country do not have drinking water at their premises thus, there is an urgent need to ensure water security and safety standards under the legal systemthe united nations in its resolution 64/292 adopted by the general assembly on the28th july, 2010 has recognized the human right to water and acknowledged that clean drinking water is essential to the realization of all human rights in november 2002, the committee on economic, social and cultural rights, adopted general comment no 15 on the right to water article 11 states that ''the human right to water is indispensible for leading a life in human dignity it is a pre-requisite for the realization of other human rights'' this comment also defined the right to water as the right of everyone to sufficient, safe, acceptable and physically accessible and affordable water for personal and domestic uses clean water and sanitation is also one of the united nations sustainable development goals, which are a universal call to action to end poverty, protect the planet and ensure that all people enjoy peace and prosperity and india has committed to meet the united nations sustainable development goals by 2030hence this billnew delhi;anurag  singh  thakurjuly 10, 2018 financial  memorandumclause 12 of the bill provides for establishment of a national water commission it also provides for appointment of chairperson, members, member-secretary, officers and staff to the national commission clause 17 of the bill provides for establishment of a state water commission clause 26 provides for the setting up of  water management centres clause 30 provides for the establishment of a water standard institute clause 32 provides for constitution of technical committee of experts clause 34 provides that the central government shall provide funds to the water standard institute clause 35 provides for setting up of grievance redressal mechanism clause 36 provides for appointment of district grievance redressal officer clause 48 provides that the central government shall provide requisite funds to the state governments the bill, therefore, if enacted will involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of about rupees three hundred crore per annum from the consolidated fund of indiaa non-recurring expenditure of about rupees eighty crore is also likely to be involved memorandum   regarding   delegated   legislationclause 45 of the bill empowers the central government to delegate its powers to the state governments exercisable by it clause 46 empowers the state government to delegate its powers to the officer subordinate exercisable by it clause 47 empowers the central government to give directions to the state governments for the effective implementation of the provisions of this bill clause 52 of the bill empowers the central government to make rules for carrying out the purposes of this bill as the delegation of power, rules will relate to matters of details only, the delegation of legislative power is of normal character———— a billto provide an overarching national legal framework with principles for distribution,conservation, regulation and management of water as a vital and stressed naturalresource, under which legislation and executive action on water at all levels ofgovernance, as also water-use and water-related actions by persons andtheir associations, public and private institutions and bodies corporateof all kinds, may take place, and for matters connected therewith orincidental thereto————(shri anurag singh thakur,  mp)mgipmrnd—1867ls(s3)—01-11-2018