WATER POLICY AND

WATER CONSERVATION

Prepared by
Water for Welfare Secretariat
IIT Roorkee

February 2008
 For further details, please contact
Member Secretary - Water for Welfare
and Head,
Alternate Hydro Energy Centre,
Indian Institute of Technology, Roorkee,
Roorkee - 247 667, Uttarakhand, India
Phone : Off.(+91 1332) 274254, 285213
Fax : (+91 1332) 273517, 273560
E-mail : ahec@iitr.ernet.in, aheciitr@gmail.com
Website : www.iitr.ernet.in/centers/AHEC/pages/index.html

Cover Photo : Courtesy : www.istockphoto.com

DISCLAIMER

Documents used in this report have been obtained from different

sources. Including individual authors. Therefore secretariat does not
claim any ownership on the information/data included. In addition,
some data were collected by team members for preparation of this
report. The report does not have any commercial purpose.
The publication is for creating an awareness and utlising the vast
potential of water resources in the state of Uttarakhand
Every possible care has been taken to ensure that the data are correct,
consistent and complete as far as possible. Constraints of available time
and resources, however do not preclude the possibility of errors,
omissions etc. in the data and consequently in their use in the report.
Use of contents of this report can be made freely.
 PREFACE

Uttarakhand, the newly formed 27th state of the Republic of India is endowed with the largest and
highest natural dam in the world, the Himalaya. Every year, huge amount of water is transported from the
oceans as cloud, precipitates and gets deposited (in the form of snow) in the Himalaya. The snow then
melts and feeds our rivers. Thus, Uttarakhand is blessed with abundant water resources and due to its
growing demand, these resources need to be conserved and harnessed in the best possible manner for the
benefit of the state and the nation.

Vide Govt. of Uttarakhand O.M. No.293/I/2004-034(3)/65/03 dated August 5, 2004 and No.
1129/I/2005-04(3)/65/03 dated March 3, 2005, a Virtual Centre of Excellence named as “Water for
Welfare : An Uttaranchal Initiative” has been set up with the secretariat at IIT Roorkee. In the 3rd
meeting held in Nov. 2005, it was decided to bring out articles of common people interest for Water
Policy, Conservation. Some special publications and promotion material on “Legislation related matter
viz Jal Adhiniyam, Gharat Adhiniyam, Traditional Practices and Legal practices” were prepared by
virtual centre secretariat and pasted on website (http://www.uttara.in/initiatives/wfw/intro.htm).

In this special publication, the articles in Hindi as a common man’s language as well as in English
have been brought out. The Water policy, Water pollution acts, Summary and comments on various
legislative provisions, as available, have been included.

The readers are suggested to upgrade the information from the respective website of Ministries/
departments.

We hope to receive the suggestions from readers for the improvement of this document. This
special publication is planned to be distributed among users, NGOs, Colleges district libraries etc.
 TABLE OF CONTENTS

S.No. Topics Page No.

1. Water Conservation (Hindi) 1-3

2. Jal Stuti (Hindi) – General Description of Water 4-5

3. Jal Jeewan – Aadhar (Hindi) 6

4. National Water Policy 7-15

5. The Water (Prevention and Control of Pollution) Act, 16-41

1974

6. Kumaon Water Rules (1930) 42-53

6. General Guidelines for Water Audit & Water 54-99

Conservation

7. State Responsibility in the Drinking Water Section – 100-115

An Overview of the Indian Scenario – Meena
Panicker/IELRC

8. Legislating for Water : The Indian Context – Usha 116-131

Ramanathan/IELRC
 Þty laj{k.k rks fo”o&/keZ gksuk pkfg,ß
& Mkñ ;ksxsUnz ukFk 'kekZ ^v:.k*] Mh-fyV~-

ty oLrqr% thou gS] ty l`f"V dk ewy gS vkSj fo”o ds lHkh /keksZa ds vuq:i ty gh oLrqr% czg~e Hkh gSA foKku
ds vuqlkj ty ewyr% izk.knk;h ^vkDlhtu* vkSj ^gkbMªkstu* dk ,d vkSj nks ds vuqikr esa lfEefyr :i gS] ysfdu
lkekU; izk.kh ds fy, rks ty lpeqp gh thou gS( thou dk vk/kkj gSA

Hkkjrh; n'kZu vkSj 'kkL=kksa ds vuqlkj tc ^izy;* gksrk gS] rc ^ty Iykou* dh fLFkfr curh gS vkSj l`f"V [kRe gks
tkrh gSA ty gh ^izy;* djrk gS vkSj iqu% tc l`f"V dk mn; gksrk gS] rks gekjh ^vorkj&ijaijk* ds vuqlkj izFke
vorkj ds :i esa ^eRL;korkj* gksrk gSA eRL; vFkkZr~ eNyh ds :i esa ^czg~e* vorkj ysdj l`f"V dk 'kqHkkjaHk djrs gSaA
foKku ds vuqlkj ;gha ^fodklokn dk fl)kUr* gS] ftlls fl) gksrk gS fd ^ty* gh bl l`f"V dk ewy vk/kkj gSA

gekjs iwoZtksa us ^ty* dks /keZ ds :i esa tksM+dj mls ekuo&thou dh vfuok;Z vko’;drkvksa esa lfEefyr dj fn;k]
ftlls ty dk egRo ekuo dHkh Hkh Hkwy u lds! ;g fu’p; gh] gekjs nwjn’khZ iwoZtksas dh ;qxkUrjdkjh lksp dk
ifjpk;d gSA

vkt 21oha 'krkCnh dh ngyht ij [kM+k fo’o&ekuo izd`fr dh bl vueksy nsu ^ty* dh fujUrj gksrh tk jgh
deh dks ns[kdj fpfUrr vkSj Hk;Hkhr gSA fujUrj c<+rh gqbZ fo’o dh tula[;k dh c<+rh vko’;drkvksa dh ifjiwfrZ ds
fy, fo’o Hkj esa ty dh ek¡x Hkh fujUrj c<+rh xbZ gS( ftlds ifj.kkeLo:i csgn ewY;oku Hkwfexr ty dk nksgu
vkneh djrk tk jgk gSA

oSKkfud vkneh dks psrkouh ns jgs gSa fd bl va/kk/kqa/k nksgu ds dkj.k] vkus okys le; esa] /kjrh ij ty dh csgn
deh gks tk,xh vkSj thou ladV esa iM+ tk,xkA fo’o Hkj ds jktusrk Hkh dg jgs gSa fd ^;fn vxyk fo’o&;q) gksxk]
rks fu’p; gh og ty ds fy, gh gksxkA* rkRi;Z ;g gS fd vkt gj rjQ ty&laj{k.k dh vfuok;Zrk crkbZ tk jgh gSA

thou ds fy, lokZf/kd egRoiw.kZ ty dh miyC/krk ij ge ;fn foKkfu;ksa }kjk nh xbZ tkudkfj;ksa ij xkSj djsa rks
vklkuh ls ^ty&laj{k.k* dk egRo ge tku ldrs gSaA i`Foh ij miyC/k 2@3 Hkkx ty esa 97 izfr’kr leqnz dk [kkjk
ty gS] tks ihus ds ;ksX; ugha gksrk! i`Foh ij tks 3 izfr’kr ikuh gekjs ihus ds ;ksX; gS] mlesa ls 75 izfr’kr fge[kaM+ksa ds
:i esa( 14 izfr’kr Hkwfexr ty 2500 QhV ls 12]500 QhV dh xgjkbZ ij gS] ftldk nksgu laHko gh ugha gSA dqy
miyC/k ty dk 11 izfr’kr Hkwty 2500 QhV rd xgjkbZ esa gSA ty foKkfu;ksa ds vuqlkj Hkwfe dh lrg ij gesa ek=
0-97 izfr’kr ty gh ?kjsyw mi;ksx] flpkbZa vkSj m|ksxksa vkfn ds fy, miyC/k gSA o"kkZ Hkkjr esa vfuf’pr vkSj vleku
gksrh gS] ftlesa vk/ks ls vf/kd ikuh ok"ihdj.k ds dkj.k rFkk ufn;ksa ds }kjk cgdj leqnz esa pyk tkrk gSA

;g fLFkfr Li"V djrh gS fd i`Foh ij ty dh miyC/krk fujUrj cuh ugha jg ldrh] cfYd fnuksa fnu ?kVrh gh
tk,xhA o"kZ 1951 esa izfr O;fDr ty dh miyC/krk Hkkjr o"kZ esa tgk¡ 5]177 ?kuehVj Fkh] ogha c<+rh tula[;k ds dkj.k
o"kZ 2001 esa ?kVdj dsoy 1]869 ?kuehVj gh jg xbZ gSA

ty foKkfu;ksa dk vuqeku gS fd tula[;k o`f) ,oa fodkl dh xfr ds pyrs lu~ 2025 esa izfrO;fDr 1341
?kuehVj vkSj lu~ 2050 esa vkSj ?kVdj ek= 1140 ?kuehVj jg tk,xhA

;gh dkj.k gS fd vkt iwjs fo’o esa ty foKkfu;ksa dh lcls cM+h fpUrk ^ty&laj{k.k* dh gh gSA ty&laj{k.k dsoy
ljdkjh ?kks"k.kkvksa vFkok ;kstukvksa dk <+ksy ihVus ls ugha gksxk] cfYd iwjs fo’o esa tksj&’kksj ls tu&tkxj.k&vfHk;ku
pyk dj gesa izR;sd euq"; dks ^ty&laj{k.k&vfHk;ku* ls tksM+uk gksxkA esjh jph gqbZ ^ty&Lrqfr* dh iafDr;k¡ ?kj&?kj
igq¡pkuh gksaxh &
Þty dks ugha O;FkZ djs dksbZ]
ty dk laj{k.k /keZ cusA
ty dh efgek le>wuk gh]
ekuo dk lqUnj deZ cusAAß
1
ty&laj{k.k vfuok;Z dŸkZO; cu tkuk pkfg,A

vkt tc fo’o bDdhloha 'krkCnh dh ngyht ij [kM+k gS] rc ;g lkspuk csgn t:jh gS fd ge iwjs fo’o dh
^I;kl* dSls cq>k ik,¡xsA ge vkt ftl izdkj fo’o Lrj ij ^,M~l* uke dh chekjh ds fy, vjcksa Mkyj [kpZ djds fo’o
dks txkus esa yxs gSa( D;k mlh rjg ;g Hkh t:jh ugha gS fd iwjs fo’o esa ^ty&laj{k.k dh vfuok;Zrk* dks eqÌk cuk dj]
tcjnLr vfHk;ku pyk;k tk,A gesa fo’o Lrj ij vkSj fo’ks"k :i ls vius Hkkjr o"kZ esa] izkFkfed vkSj ek/;fed Lrj dh
f’k{kk esa vfuok;Z :i ls Þty&laj{k.kß dks vfuok;Z fo"k; ds :i esa vkxkeh ih<+h dks i<+kuk gksxk] rHkh fodkl dk
gekjk liuk lkdkj gks ldsxkA

ty&laj{k.k ds lkFk&lkFk gesa ^ty ds viO;; ,oa nq:i;ksx* ds fo"k; esa Hkh tcjnLr vfHk;ku NsM+dj 'kgjksa vkSj
xk¡oksa esa ?kj&?kj ;g psruk txkuh gksxh fd ^ty dh cjcknh* okLro esa gekjs iwjs lekt ds fodkl dh cjcknh gS(
blfy, gj dne ij] gj euq"; dks tkx:d jgdj ty dh ,d&,d cwan cpkuh gh gSA

mŸkjk[k.M ty laLFkku us bl fn’kk esa ljkguh; iz;kl fd, gSaA ty dh cjcknh ds izfr tkx:d djus dh fn’kk esa
laLFkku us ,d i=d }kjk crk;k gS fd ;fn fdlh uy ls izfr lsds.M dsoy ^,d cwan* ty Vidrk jgs] rks ,d fnu esa
3-4 yhVj vkSj ,d eghus esa 715-93 yhVj ty ^cjckn* gks tk,xkA fu%lUnsg 'kgjksa] xk¡oksa] dLcksa ds ?kj&?kj esa vxj
^Vidrs gq, uyksa* dh gh ns[kHkky ge djuk lh[k ysa] rks yk[kksa ?ku yhVj ikuh cpk;k tk ldrk gSA

ty&laj{k.k djsa dSls\

ty gesa izd`fr us LokHkkfod migkj ds :i esa fn;k gS] tks gekjs thou rFkk fodkl ds fy, csgn t:jh gSA izd`fr
us ^o"kkZ ty* ds :i esa gekjs }kjk [kpZ fd, x, ty dh izfriwfrZ dk LokHkkfod izcU/k dj j[kk gSA [kkjs leqnz ls Hkki
cudj mM+us okyk ty o"kkZ ds :i esa ^’kq)* gksdj gesa feyrk gSA ty foKkfu;ksa us o"kkZ ty ds lap;u dh fof/k crkbZ
gS] ftlls uxjksa] xk¡oksa vkSj fo’ks"k :i ls ioZrh; {ks=ksa esa ty dk laj{k.k djds ge ns’k vkSj lekt dk cgqr cM+k fgr
dj ldrs gSaA

o"kkZ ty ds nksgu dh fn’kk esa mRrjk[k.M laLFkku iz;Ru’khy gSA ty foKkfu;ksa dk ekuuk gS fd vxj mRrjk[k.M
esa gksus okyh o"kkZ ds dsoy 50 izfr’kr fgLls dks gh ge lajf{kr :i ls lafpr dj ldsa] rks dsoy 525 oxZ fdyksehVj
{ks= ls lafpr fd, o"kkZ ty ls izfrfnu 100 yhVj ty dh vkiwfrZ dh tk ldrh gSA

fu’p; gh o"kkZ izd`fr }kjk ekuo dks fn;k ty dk ^izFke* Jksr gS] ftlls ufn;k¡] rkykc vkfn ty xzg.k djrs gSa(
o"kkZ ds ckn f}rh;d óksr Hkwty gS] ftldh iwfrZ Hkh o"kkZ ty ls gksrh gSA

gesa ty foKkfu;ksa ds crk, vuqlkj ^o"kkZ ty lap;u* djds mls euq"; vkSj i'kqvksa ds mi;ksx djus dh fn’kk esa
vc rsth ls dne c<+kuk t:jh gks x;k gSA o"kkZ ty lap;u esa gh ^Hkwty* dh izfriwfrZ vFkkZr~ ^fjpktZ* dh izfØ;k Hkh
tqM+h gqbZ gSA o"kkZ ty dks O;FkZ xaok dj ge izfro"kZ jk"Vª dh viw.khZ; {kfr djrs gSa] blfy, ^o"kkZ ty lap;u* vkSj
^Hkwfexr ty* dh iwfrZ ;kfu ^fjpktZ* dh vko’;drk ij gh gesa vc iwjk /;ku nsuk gksxkA

^ty laj{k.k* ds dqN mik; csgn ljy vkSj dkjxj

jk"Vªh; fodkl esa ty dh egŸkk dks ns[krs gq, vc gesa ^ty laj{k.k* dks viuh loksZPp izkFkfedrkvksa esa j[kdj iwjs
ns’k esa dkjxj tu&tkxj.k vfHk;ku pykus dh vko’;drk gSA ^ty laj{k.k* ds dqN ijaijkxr mik; rks csgn ljy vkSj
dkjxj jgs gSaA ftUgsa ge] tkus D;ksa] fodkl vkSj QS’ku dh va/kh nkSM+ esa Hkwy cSBs gSaA eSa ,d tkx:d ukxfjd ds :i esa
vkidks dqN mik; crkuk pkgrk gw¡A

1- lcdks tkx:d ukxfjd dh rjg ^ty laj{k.k* dk vfHk;ku pykrs gq, cPpksa vkSj efgykvksa esa tkx`fr ykuh gksxhA
Luku djrs le; ^ckYVh* esa ty ysdj ^’kkoj* ;k ^Vc* esa Luku dh rqyuk esa cgqr ty cpk;k tk ldrk gSA iq:"k
oxZ <k<+h cukrs le; ;fn VksaVh cUn j[ks rks cgqr ty cp ldrk gSA jlksbZ esa ty dh ckYVh ;k Vc esa vxj crZu
lkQ djsa] rks ty dh cgqr cM+h gkfu jksdh tk ldrh gSA

2
2- VkW;ysV esa yxh ¶y’k dh Vadh esa IykfLVd dh cksry esa jsr Hkjdj j[k nsus ls gj ckj ^,d yhVj ty* cpkus dk
dkjxj mik; mRrjk[k.M ty laLFkku us crk;k gSA bl fof/k dk rsth ls izpkj&izlkn djds iwjs ns’k esa ykxw djds
ty cpk;k tk ldrk gSA

3- igys xk¡oksa] dLcksa vkSj uxjksa dh lhek ij ;k dgha uhph lrg ij rkykc vo’; gksrs Fks] ftuesa LokHkkfod :i esa
ekulwu dh o"kkZ dk ty ,df=r gks tkrk FkkA lkFk gh] vuqi;ksxh ty Hkh rkykc esa tkrk Fkk] ftls eNfy;k¡ vkSj
esa<d vkfn lkQ djrs jgrs Fks vkSj rkykcksa dk ty iwjs xk¡o ds ihus] ugkus vkSj i'kqvksa vkfn ds dke esa vkrk FkkA
nqHkkZX; ;g fd LokFkhZ euq"; us rkykcksa dks ikV dj ?kj cuk fy, vkSj ty dh vkiwfrZ [kqn gh cUn dj cSBk gSA
t:jh gS fd xk¡oksa] dLcksa vkSj uxjksa esa NksVs&cM+s rkykc cukdj o"kkZ ty dk laj{k.k fd;k tk,A

4- uxjksa vkSj egkuxjksa esa ?kjksa dh ukfy;ksa ds ikuh dks x<~<s cuk dj ,d= fd;k tk, vkSj isM+&ikS/kksa dh flapkbZ ds
dke esa fy;k tk,] rks lkQ is;ty dh cpr vo’; dh tk ldrh gSA

5- vxj izR;sd ?kj dh Nr ij ^o"kkZ ty* dk HkaMkj djus ds fy, ,d ;k nks Vadh cukbZ tk,¡ vkSj bUgsa etcwr tkyh
;k fQYVj diM+s ls <+d fn;k tk, rks gj uxj esa ^ty laj{k.k* fd;k tk ldsxkA

6- ?kjksa] eqgYyksa vkSj lkoZtfud ikdksZa] Ldwyksa vLirkyksa] nqdkuksa] efUnjksa vkfn esa yxh uy dh VksafV;k¡ [kqyh ;k VwVh
jgrh gSa] rks vutkus gh izfrfnu gtkjksa fyVj ty csdkj gks tkrk gSA bl cjcknh dks jksdus ds fy, uxj ikfydk
,DV esa VksafV;ksa dh pksjh dks n.MkRed vijk/k cukdj] tkx:drk Hkh c<+kuh gksxhA

7- foKku dh enn ls vkt leqnz ds [kkjs ty dks ihus ;ksX; cuk;k tk jgk gS( xqtjkr ds }kfjdk vkfn uxjksa esa
izR;sd ?kj esa ^is;ty* ds lkFk&lkFk ?kjsyw dk;ksZa ds fy, ^[kkjsty* dk iz;ksx djds 'kq) ty dk laj{k.k fd;k tk
jgk gS] bls c<+k;k tk,A

8- xaxk vkSj ;equk tSlh lnkuhjk cM+h ufn;ksa dh fu;fer lQkbZ csgn t:jh gSA uxjksa vkSj egkuxjksa dk xUnk ikuh
,slh ufn;ksa esa tkdj iznw"k.k c<+krk gS] ftlls eNfy;k¡ vkfn ej tkrh gSa vkSj ;g iznw"k.k yxkrkj c<+rk gh pyk
tkrk gSA cM+h ufn;ksa ds ty dk 'kks/ku djds is;ty ds :i esa iz;ksx fd;k tk lds] blds fy, 'kklu&iz’kklu
dks yxkrkj lfØ; jguk gksxkA

9- taxyksa dk dVku gksus ls nksgjk uqdlku gks jgk gSA igyk ;g fd ok"ihdj.k u gksus ls o"kkZ ugha gks ikrh vkSj nwljs
Hkwfexr ty lw[krk tkrk gSaA c<+rh tula[;k vkSj vkS|ksxhdj.k ds dkj.k taxy vkSj o`{kksa ds va/kk/kqa/k dVku ls Hkwfe
dh ueh yxkrkj de gksrh tk jgh gS] blfy, o`{kkjksi.k yxkrkj fd;k tkuk t:jh gSA

10- ikuh dk ^nq:i;ksx* gj Lrj ij dkuwu ds }kjk( izpkj ek/;eksa ls dkjxj izpkj djds vkSj fo|ky;ksa esa ^i;kZoj.k* dh
gh rjg ^ty laj{k.k* fo"k; dks vfuok;Z :i ls i<+k dj jksdk tkuk csgn t:jh gSA vc le; vk x;k gS fd
dsUnzh; vkSj jkT;ksa dh ljdkjsa ^ty laj{k.k* dks vfuok;Z fo"k; cuk dj izkFkfed ls ysdj mPp Lrj rd ubZ ih<+h
dks i<+okus dk dkuwu cuk,¡A

fu”p; gh ^ty laj{k.k* vkt ds fo’o&lekt dh loksZifj fpUrk gksuh pkfg,] pwafd mnkj izd`fr gesa fujUrj ok;q]
ty] izdk”k vkfn dk migkj nsdj mid`r djrh jgh gS] ysfdu LokFkhZ vkneh lc dqN Hkwy dj izd`fr ds uSlfxZad
lUrqyu dks gh fcxkM+us ij rqyk gqvk gSA esjk rks vkt fo”o&lekt dks ;gha lUns”k gS &
Þty laj{k.k dhft,] ty thou dk lkj!
ty u jgs ;fn txr esa] thou gS csdkj!!ß

& iwoZ izkpk;Z ,oa fgUnh foHkkxk/;{k

74@3] U;w usg: uxj]
#M+dh & 247 667

3
 Þty LrqfrÞ
tx&thou dk vk/kkj gS ty !
ty fcuk ugha thou&lacy !!
gSa :i vusd ;gk¡ ty ds]
nzo :i esa thou lk cjls !
fge :i cuk ty teus ls]
cu x;k ok"i ty tyus ls !!
tyrk gS ty tc] ok"i cus]
BaMd tks feys] cjlkr cus !
c<+ tk, B.M tc vkSj vf/kd]
cjlkr Lo;a fgeikr cus !!
djrk gS dSls [ksy ;g ty !
tx&thou dk vk/kkj gS ty !
fQj rki c<+k xehZ vkbZ]
fge ls ty/kkj cuh HkkbZ !
fQj f?kjh ?kVk] pedh piyk]
fjef>e&fjef>e o"kkZ vkbZ !!
ty I;kl cq>kus tc vk;k]
/kjrh dk d.k&d.k g"kkZ;k !
/kjrh ds Hkhrj igq¡pk ty]
vadqj cu thou eqldk;k !!
;ksa thou cu tkrk gS ty !
ty fcuk ugha thou&lacy !!
ty Qsyk /kjrh ds d.k esa]
:d x;k f'kykvksa chp dgha !
fQj fudyk ty fu>Zj cudj]
ikrky QksM+ dj dq¡vk dgha !!
tc /kjrh jle; gks vkbZ]
ty Åij gh rc cg fudyk !
,d=k gqvk fQj ;gk¡&ogk¡]
lfjrkvksa] >hyksa esa ty cnyk !!
fur :i cnyrk gS ;wa ty !
tx&thou dk vk/kkj gS ty !!
ufn;ksa ij ck¡/k cka/k dj fQj]
ekuo us ty dks jksd fy;k !
tx&thou gks eaxydkjh]
;ksa ty dk fur mi;ksx fd;k !!
4
& MWkñ ;ksxsUnz ukFk 'kekZ ^v:.k^] Mhñ fyV~ñ
iu pDdh pyha blh ty ls]
fctyh ?kj&?kj esa igqWpkbZ !
cqf) ls ty cu x;k Lo.kZ]
m|ksxksa esa uo xfr vkbZ !!
cgqeq[kh fodkl djrk gS ty !
ty fcuk ugha thou&lacy !!
[ksrksa dks gfj;kyh nsdj]
ty us gh tx dks izk.k fn, !
ufn;ksa dks xfr nh gS ty us]
rhFkksZa dks ikou uke fn, !!
ufn;ksa ls fo|qr&'kfDr feyh]
ty ls gh [kq'kgkyh vkbZ !
Hkkjh ydM+h ds yB~Bksa dks]
ty&/kkj cgk dj ys vkbZ !!
;ksa 'kfDr cuk gS 'khry ty !
tx&thou dk vk/kkj gS ty !!
ty&ry uhpk] rks Qly lw[kh]
Åapk ry gqvk] rks Qly lM+h !
ty dk mi;ksx fd;k <ax ls]
ekuo dks feyh le`f) cM+h !!
uy cuk&cuk dj 'kgjksa esa]
ekuo dh I;kl cq>krk ty !
jksxksa ls eqfDr fnykus dk]
lqUnj lk/ku cu tkrk ty !!
bZ'oj dk gS ojnku ;g ty !
ty fcuk ugha thou&lacy !!
ty dk fj'rk rks ekuo ls]
mYVs vuqikr esa gksrk gS !
tula[;k T;ksa&T;ksa c<+rh gS]
ty dk vHkko R;ksa gksrk gS !!
ty dk mi;ksx djs ekuo]
rks thou esa jl/kkj cgs !
ty dks csdkj xaok;k rks]
ekuo lpeqp ykpkj jgs !!
lPph izxfr dk lkj gS ty !
tx&thou dk vk/kkj gS ty !!
 ty dks ugha O;FkZ djs dksbZ]
ty dk laj{k.k /keZ cus !
ty dh efgek le>kuk gh]
ekuo dk lqUnj deZ cus !!
ty gS iwtk] ty gS HkfDr]
ty bZ'oj dk ojnku lnk !
ekuo&thou dk ewy rRo]
ty gS 'kfDr dk uke lnk !!
/kjrh dk izk.kk/kkj gS ty !
ty fcuk ugha thou&lacy !!
5
ekuo&thou esa bl ty dk]
Å¡pk gh jgk LFkku lnk !
gj iy] gj {k.k] bl ty ls gh]
ekuo ikrk lEeku lnk !!
bl ty dh iwtk djuh gS]
bl ty ls thou ikuk gS !
'kfDr ds lzksr ^czº~e&ty^ ls]
ihfM+r dks =kk.k fnykuk gS !!
ijes'oj dk gh lkj gS ty !
ty fcuk ugha thou&lacy !!
¼lkHkkj% jk"Vªh; ty foKku laLFkku½
ty&laj{k.k ds gd esa &
Þty thou&vk/kkj gSÞ
& MWkñ ;ksxsUnz ukFk 'kekZ ^v:.k^] Mhñ fyV~ñ

ty thou&vk/kkj gS] txrh dk gS ewy !

ty fcu lc tx lwu gS] dHkh u ;g lp Hkwy !!
Bksl] rjy v: Hkki gSa] rhuksa ty ds :i !
bl ty dks ekuo le>] bl /kjrh dk Hkwi !!
o"kkZ&ty ojnku gS] /kjrh dk J`axkj !
fcu o"kkZ tyrh /kjk] gksrk gk&gk dkj !!
ty fcu tx ty tk,xk] euqt u cu uknku !
ty&laj{k.k dj euqt] rHkh cpsxh tku !!
Hkwty ls feVrh jgh] lnk l`f"V dh I;kl !
nwf"kr djds ty euqt] gksxk egk fouk'k !!
tyuk gks tks txr esa] ty dks djsa fou"V !
ty fcu eNyh dh rjg] euqt ik,xk d"V !!
o"kkZ ds ty ls lnk] feVs /kjk dh I;kl !
vadqj QwVsa vUu ds] iwjh gks gj vkl !!
ty thou nsrk lnk] lk{kh gS foKku !
ty ls lq[k ik, lnk] /kjrh ij balku !!
ty&laj{k.k ds fcuk] gksaxs lius pwj !
ty&laj{k.k ls euqt] vUu feys Hkjiwj !!
ty dk laj{k.k cus] lnk euqt dk /keZ !
ty ds fcu fu"Qy jgs] thou dk gj deZ !!

------------------------------- × -----------------------------------

¼MkWñ ^v:.k^ dh 'kh?kz izdkf'kr gksus okyh iqLrd ^i;kZoj.k&psruk^ ls lkHkkj ½

6
Need for a National Water Policy

1.1 Water is a prime natural resource, a basic human need and a precious national asset. Planning,
development and management of water resources need to be governed by national perspectives.

1.2 As per the latest assessment (1993), out of the total precipitation, including snowfall, of around
4000 billion cubic metre in the country, the availability from surface water and replenishable ground water
is put at 1869 billion cubic metre. Because of topographical and other constraints, about 60% of this i.e. 690
billion cubic metre from surface water and 432 billion cubic metre from ground water, can be put to
beneficial use. Availability of water is highly uneven in both space and time. Precipitation is confined to
only about three or four months in a year and varies from 100 mm in the western parts of Rajasthan to over
10000 mm at Cherrapunji in Meghalaya. Rivers and under ground aquifers often cut across state boundaries.
Water, as a resource is one and indivisible: rainfall, river waters, surface ponds and lakes and ground water
are all part of one system.

1.3 Water is part of a larger ecological system. Realising the importance and scarcity attached to the
fresh water, it has to be treated as an essential environment for sustaining all life forms.

1.4 Water is a scarce and precious national resource to be planned, developed, conserved and managed
as such, and on an integrated and environmentally sound basis, keeping in view the socio-economic aspects
and needs of the States. It is one of the most crucial elements in developmental planning. As the country has
entered the 21st century, efforts to develop, conserve, utilise and manage this important resource in a
sustainable manner, have to be guided by the national perspective.

1.5 Floods and droughts affect vast areas of the country, transcending state boundaries. One-sixth area
of the country is drought-prone. Out of 40 million hectare of the flood prone area in the country, on an
average, floods affect an area of around 7.5 million hectare per year. Approach to management of droughts
and floods has to be co-ordinated and guided at the national level.

1.6 Planning and implementation of water resources projects involve a number of socio-economic
aspects and issues such as environmental sustainability, appropriate resettlement and rehabilitation of
project-affected people and livestock, public health concerns of water impoundment, dam safety etc.
Common approaches and guidelines are necessary on these matters. Moreover, certain problems and
weaknesses have affected a large number of water resources projects all over the country. There have been
substantial time and cost overruns on projects. Problems of water logging and soil salinity have emerged in
some irrigation commands, leading to the degradation of agricultural land. Complex issues of equity and
social justice in regard to water distribution are required to be addressed. The development, and over-
exploitation of groundwater resources in certain parts of the country have raised the concern and need for
judicious and scientific resource management and conservation. All these concerns need to be addressed on
the basis of common policies and strategies.

1.7 Growth process and the expansion of economic activities inevitably lead to increasing demands for
water for diverse purposes: domestic, industrial, agricultural, hydro-power, thermal-power, navigation,
recreation, etc. So far, the major consumptive use of water has been for irrigation. While the gross
irrigation potential is estimated to have increased from 19.5 million hectare at the time of independence to
about 95 million hectare by the end of the Year 1999-2000, further development of a substantial order is
necessary if the food and fiber needs of our growing population are to be met with. The country’s
population which is over 1027 million (2001 AD) at present is expected to reach a level of around 1390
million by 2025 AD.

Ministry of Water Resources 1 April 1, 2002

1.8 Production of food grains has increased from around 50 million tonnes in the fifties to about 208
million tonnes in the Year 1999-2000. This will have to be raised to around 350 million tonnes by the year
2025 AD. The drinking water needs of people and livestock have also to be met. Domestic and industrial
water needs have largely been concentrated in or near major cities. However, the demand in rural areas is
expected to increase sharply as the development programmes improve economic conditions of the rural
masses. Demand for water for hydro and thermal power generation and for other industrial uses is also
increasing substantially. As a result, water, which is already a scarce resource, will become even scarcer in
future. This underscores the need for the utmost efficiency in water utilisation and a public awareness of the
importance of its conservation.

1.9 Another important aspect is water quality. Improvements in existing strategies, innovation of new
techniques resting on a strong science and technology base are needed to eliminate the pollution of surface
and ground water resources, to improve water quality. Science and technology and training have to play
important roles in water resources development and management in general.

1.10 National Water Policy was adopted in September, 1987. Since then, a number of issues and
challenges have emerged in the development and management of the water resources. Therefore, the
National Water Policy (1987) has been reviewed and updated.

Information System

2.1 A well developed information system, for water related data in its entirety, at the national / state
level, is a prime requisite for resource planning. A standardised national information system should be
established with a network of data banks and data bases, integrating and strengthening the existing Central
and State level agencies and improving the quality of data and the processing capabilities.

2.2 Standards for coding, classification, processing of data and methods / procedures for its collection
should be adopted. Advances in information technology must be introduced to create a modern information
system promoting free exchange of data among various agencies. Special efforts should be made to develop
and continuously upgrade technological capability to collect, process and disseminate reliable data in the
desired time frame.

2.3 Apart from the data regarding water availability and actual water use, the system should also include
comprehensive and reliable projections of future demands of water for diverse purposes.

Water Resources Planning

3.1 Water resources available to the country should be brought within the category of utilisable
resources to the maximum possible extent.

3.2 Non-conventional methods for utilisation of water such as through inter-basin transfers, artificial
recharge of ground water and desalination of brackish or sea water as well as traditional water conservation
practices like rainwater harvesting, including roof-top rainwater harvesting, need to be practiced to further
increase the utilisable water resources. Promotion of frontier research and development, in a focused
manner, for these techniques is necessary.

3.3 Water resources development and management will have to be planned for a hydrological unit such
as drainage basin as a whole or for a sub-basin, multi-sectorally, taking into account surface and ground
water for sustainable use incorporating quantity and quality aspects as well as environmental considerations.
All individual developmental projects and proposals should be formulated and considered within the
framework of such an overall plan keeping in view the existing agreements / awards for a basin or a sub-
basin so that the best possible combination of options can be selected and sustained.

Ministry of Water Resources 2 April 1, 2002

3.4 Watershed management through extensive soil conservation, catchment-area treatment, preservation
of forests and increasing the forest cover and the construction of check-dams should be promoted. Efforts
shall be to conserve the water in the catchment.

3.5 Water should be made available to water short areas by transfer from other areas including transfers
from one river basin to another, based on a national perspective, after taking into account the requirements
of the areas / basins.

Institutional Mechanism

4.1 With a view to give effect to the planning, development and management of the water resources on a
hydrological unit basis, along with a multi-sectoral, multi-disciplinary and participatory approach as well as
integrating quality, quantity and the environmental aspects, the existing institutions at various levels under
the water resources sector will have to be appropriately reoriented / reorganised and even created, wherever
necessary. As maintenance of water resource schemes is under non-plan budget, it is generally being
neglected. The institutional arrangements should be such that this vital aspect is given importance equal or
even more than that of new constructions.

4.2 Appropriate river basin organisations should be established for the planned development and
management of a river basin as a whole or sub-basins, wherever necessary. Special multi-disciplinary units
should be set up to prepare comprehensive plans taking into account not only the needs of irrigation but also
harmonising various other water uses, so that the available water resources are determined and put to
optimum use having regard to existing agreements or awards of Tribunals under the relevant laws. The
scope and powers of the river basin organisations shall be decided by the basin states themselves.

Water Allocation Priorities

5. In the planning and operation of systems, water allocation priorities should be broadly as follows:
• Drinking water
• Irrigation
• Hydro-power
• Ecology
• Agro-industries and non-agricultural industries
• Navigation and other uses.
However, the priorities could be modified or added if warranted by the area / region specific
considerations.

Project Planning

6.1 Water resource development projects should as far as possible be planned and developed as
multipurpose projects. Provision for drinking water should be a primary consideration.

6.2 The study of the likely impact of a project during construction and later on human lives, settlements,
occupations, socio-economic, environment and other aspects shall form an essential component of project
planning.

6.3 In the planning, implementation and operation of a project, the preservation of the quality of
environment and the ecological balance should be a primary consideration. The adverse impact on the
environment, if any, should be minimised and should be offset by adequate compensatory measures. The
project should, nevertheless, be sustainable.

Ministry of Water Resources 3 April 1, 2002

6.4 There should be an integrated and multi-disciplinary approach to the planning, formulation,
clearance and implementation of projects, including catchment area treatment and management,
environmental and ecological aspects, the rehabilitation of affected people and command area development.
The planning of projects in hilly areas should take into account the need to provide assured drinking water,
possibilities of hydro-power development and the proper approach to irrigation in such areas, in the context
of physical features and constraints of the basin such as steep slopes, rapid run-off and the incidence of soil
erosion. The economic evaluation of projects in such areas should also take these factors into account.

6.5 Special efforts should be made to investigate and formulate projects either in, or for the benefit of,
areas inhabited by tribal or other specially disadvantaged groups such as socially weak, scheduled castes and
scheduled tribes. In other areas also, project planning should pay special attention to the needs of scheduled
castes and scheduled tribes and other weaker sections of the society. The economic evaluation of projects
benefiting such disadvantaged sections should also take these factors into account.

6.6 The drainage system should form an integral part of any irrigation project right from the planning
stage.

6.7 Time and cost overruns and deficient realisation of benefits characterising most water related
projects should be overcome by upgrading the quality of project preparation and management. The
inadequate funding of projects should be obviated by an optimal allocation of resources on the basis of
prioritisation, having regard to the early completion of on-going projects as well as the need to reduce
regional imbalances.

6.8 The involvement and participation of beneficiaries and other stakeholders should be encouraged
right from the project planning stage itself.

Ground Water Development

7.1 There should be a periodical reassessment of the ground water potential on a scientific basis, taking
into consideration the qualit y of the water available and economic viability of its extraction.

7.2 Exploitation of ground water resources should be so regulated as not to exceed the recharging
possibilities, as also to ensure social equity. The detrimental environmental consequences of over-
exploitation of ground water need to be effectively prevented by the Central and State Governments. Ground
water recharge projects should be developed and implemented for improving both the quality and
availability of ground water resource.

7.3 Integrated and coordinated development of surface water and ground water resources and their
conjunctive use, should be envisaged right from the project planning stage and should form an integral part
of the project implementation.

7.4 Over exploitation of ground water should be avoided especially near the coast to prevent ingress of
seawater into sweet water aquifers.

Drinking Water

8. Adequate safe drinking water facilities should be provided to the entire population both in urban and
in rural areas. Irrigation and multipurpose projects should invariably include a drinking water component,
wherever there is no alternative source of drinking water. Drinking water needs of human beings and
animals should be the first charge on any available water.

Ministry of Water Resources 4 April 1, 2002

Irrigation

9.1 Irrigation planning either in an individual project or in a basin as a whole should take into account
the irrigability of land, cost-effective irrigation options possible from all available sources of water and
appropriate irrigation techniques for optimising water use efficiency. Irrigation intensity should be such as to
extend the benefits of irrigation to as large a number of farm families as possible, keeping in view the need
to maximise production.

9.2 There should be a close integration of water-use and land-use policies.

9.3 Water allocation in an irrigation system should be done with due regard to equity and social justice.
Disparities in the availability of water between head-reach and tail-end farms and between large and small
farms should be obviated by adoption of a rotational water distribution system and supply of water on a
volumetric basis subject to certain ceilings and rational pricing.

9.4 Concerted efforts should be made to ensure that the irrigation potential created is fully utilised. For
this purpose, the command area development approach should be adopted in all irrigation projects.

9.5 Irrigation being the largest consumer of fresh water, the aim should be to get optimal productivity
per unit of water. Scientific water management, farm practices and sprinkler and drip system of irrigation
should be adopted wherever feasible.

9.6 Reclamation of water logged / saline affected land by scientific and cost-effective methods should
form a part of command area development programme.

Resettlement and Rehabilitation

10. Optimal use of water resources necessitates construction of storages and the consequent resettlement
and rehabilitation of population. A skeletal national policy in this regard needs to be formulated so that the
project affected persons share the benefits through proper rehabilitation. States should accordingly evolve
their own detailed resettlement and rehabilitation policies for the sector, taking into account the local
conditions. Careful planning is necessary to ensure that the construction and rehabilitation activities proceed
simultaneously and smoothly.

Financial and Physical Sustainability

11. Besides creating additional water resources facilities for various uses, adequate emphasis needs to be
given to the physical and financial sustainability of existing facilities. There is, therefore, a need to ensure
that the water charges for various uses should be fixed in such a way that they cover at least the operation
and maintenance charges of providing the service initially and a part of the capital costs subsequently. These
rates should be linked directly to the quality of service provided. The subsidy on water rates to the
disadvantaged and poorer sections of the society should be well targeted and transparent.

Participatory Approach to Water Resources Management

12. Management of the water resources for diverse uses should incorporate a participatory approach; by
involving not only the various governmental agencies but also the users and other stakeholders, in an
effective and decisive manner, in various aspects of planning, design, development and management of the
water resources schemes. Necessary legal and institutional changes should be made at various levels for the
purpose, duly ensuring appropr iate role for women. Water Users’ Associations and the local bodies such as
municipalities and gram panchayats should particularly be involved in the operation, maintenance and
management of water infrastructures / facilities at appropriate levels progressively, with a view to eventually
transfer the management of such facilities to the user groups / local bodies.

Ministry of Water Resources 5 April 1, 2002

Private Sector Participation

13. Private sector participation should be encouraged in planning, development and management of
water resources projects for diverse uses, wherever feasible. Private sector participation may help in
introducing innovative ideas, generating financial resources and introducing corporate management and
improving service efficiency and accountability to users. Depending upon the specific situations, various
combinations of private sector participation, in building, owning, operating, leasing and transferring of water
resources facilities, may be considered.

Water Quality

14.1 Both surface water and ground water should be regularly monitored for quality. A phased
programme should be undertaken for improvements in water quality.

14.2 Effluents should be treated to acceptable levels and standards before discharging them into natural
streams.

14.3 Minimum flow should be ensured in the perennial streams for maintaining ecology and social
considerations.

14.4 Principle of ‘polluter pays’ should be followed in management of polluted water.

14.5 Necessary legislation is to be made for preservation of existing water bodies by preventing
encroachment and deterioration of water quality.

Water Zoning

15. Economic development and activities including agricultural, industrial and urban development,
should be planned with due regard to the constraints imposed by the configuration of water availability.
There should be a water zoning of the country and the economic activities should be guided and regulated in
accordance with such zoning.

Conservation of Water

16.1 Efficiency of utilisation in all the diverse uses of water should be optimised and an awareness of
water as a scarce resource should be fostered. Conservation consciousness should be promoted through
education, regulation, incentives and disincentives.

16.2 The resources should be conserved and the availability augmented by maximising retention,
eliminating pollution and minimising losses. For this, measures like selective linings in the conveyance
system, modernisation and rehabilitation of existing systems including tanks, recycling and re-use of treated
effluents and adoption of traditional techniques like mulching or pitcher irrigation and new techniques like
drip and sprinkler may be promoted, wherever feasible.

Flood Control and Management

17.1 There should be a master plan for flood control and management for each flood prone basin.

17.2 Adequate flood-cushion should be provided in water storage projects, wherever feasible, to facilitate
better flood management. In highly flood prone areas, flood control should be given overriding
consideration in reservoir regulation policy even at the cost of sacrificing some irrigation or power benefits.

Ministry of Water Resources 6 April 1, 2002

17.3 While physical flood protection works like embankments and dykes will continue to be necessary,
increased emphasis should be laid on non-structural measures such as flood forecasting and warning, flood
plain zoning and flood proofing for the minimisation of losses and to reduce the recurring expenditure on
flood relief.

17.4 There should be strict regulation of settlements and economic activity in the flood plain zones along
with flood proofing, to minimise the loss of life and property on account of floods.

17.5 The flood forecasting activities should be modernised, value added and extended to other uncovered
areas. Inflow forecasting to reservoirs should be instituted for their effective regulation.

Land Erosion by Sea or River

18.1 The erosion of land, whether by the sea in coastal areas or by river waters inland, should be
minimised by suitable cost-effective measures. The States and Union Territories should also undertake all
requisite steps to ensure that indiscriminate occupation and exploitation of coastal strips of land are
discouraged and that the location of economic activities in areas adjacent to the sea is regulated.

18.2 Each coastal State should prepare a comprehensive coastal land management plan, keeping in view
the environmental and ecological impacts, and regulate the developmental activities accordingly.

Drought-prone Area Development

19.1 Drought-prone areas should be made less vulnerable to drought-associated problems through soil-
moisture conservation measures, water harvesting practices, minimisation of evaporation losses,
development of the ground water potential including recharging and the transfer of surface water from
surplus areas where feasible and appropriate. Pastures, forestry or other modes of development which are
relatively less water demanding should be encouraged. In planning water resource development projects, the
needs of drought-prone areas should be given priority.

19.2 Relief works undertaken for providing employment to drought-stricken population should preferably
be for drought proofing.

Monitoring of Projects

20.1 A close monitoring of projects to identify bottlenecks and to adopt timely measures to obviate time
and cost overrun should form part of project planning and execution.

20.2 There should be a system to monitor and evaluate the performance and socio-economic impact of
the project.

Water Sharing / Distribution amongst the States

21.1 The water sharing / distribution amongst the states should be guided by a national perspective with
due regard to water resources availability and needs within the river basin. Necessary guidelines, including
for water short states even outside the basin, need to be evolved for facilitating future agreements amongst
the basin states.

21.2 The Inter-State Water Disputes Act of 1956 may be suitably reviewed and amended for timely
adjudication of water disputes referred to the Tribunal.

Ministry of Water Resources 7 April 1, 2002

Performance Improvement

22. There is an urgent need of paradigm shift in the emphasis in the management of water resources
sector. From the present emphasis on the creation and expansion of water resources infrastructures for
diverse uses, there is now a need to give greater emphasis on the improvement of the performance of the
existing water resources facilities. Therefore, allocation of funds under the water resources sector should be
re-prioritised to ensure that the needs for development as well as operation and maintenance of the facilities
are met.

Maintenance and Modernisation

23.1 Structures and systems created through massive investments should be properly maintained in good
health. Appropriate annual provisions should be made for this purpose in the budgets.

23.2 There should be a regular monitoring of structures and systems and necessary rehabilitation and
modernisation programmes should be undertaken.

23.3 Formation of Water Users' Association with authority and responsibility should be encouraged to
facilitate the management including maintenance of irrigation system in a time bound manner.

Safety of Structures

24. There should be proper organisational arrangements at the national and state levels for ensuring the
safety of storage dams and other water-related structures consisting of specialists in investigation, design,
construction, hydrology, geology, etc. A dam safety legislation may be enacted to ensure proper inspection,
maintenance and surveillance of existing dams and also to ensure proper planning, investigation, design and
construction for safety of new dams. The Guidelines on the subject should be periodically updated and
reformulated. There should be a system of continuous surveillance and regular visits by experts.

Science and Technology

25. For effective and economical management of our water resources, the frontiers of knowledge need
to be pushed forward in several directions by intensifying research efforts in various areas, including the
following:
• hydrometeorology;
• snow and lake hydrology;
• surface and ground water hydrology;
• river morphology and hydraulics;
• assessment of water resources;
• water harvesting and ground water recharge;
• water quality;
• water conservation;
• evaporation and seepage losses;
• recycling and re-use;
• better water management practices and improvements in operational technology;
• crops and cropping systems;
• soils and material research;

Ministry of Water Resources 8 April 1, 2002

 • new construction materials and technology (with particular reference to roller compacted
concrete, fiber reinforced concrete, new methodologies in tunneling technologies,
instrumentation, advanced numerical analysis in structures and back analysis);
• seismology and seismic design of structures;
• the safety and longevity of water-related structures;
• economical designs for water resource projects;
• risk analysis and disaster management;
• use of remote sensing techniques in development and management;
• use of static ground water resource as a crisis management measure;
• sedimentation of reservoirs;
• use of sea water resources;
• prevention of salinity ingress;
• prevention of water logging and soil salinity;
• reclamation of water logged and saline lands;
• environmental impact;
• regional equity.

Training

26. A perspective plan for standardised training should be an integral part of water resource
development. It should cover trainin g in information systems, sectoral planning, project planning and
formulation, project management, operation of projects and their physical structures and systems and the
management of the water distribution systems. The training should extend to all the categories of personnel
involved in these activities as also the farmers.

Conclusion

27. In view of the vital importance of water for human and animal life, for maintaining ecological
balance and for economic and developmental activities of all kinds, and considering its increasing scarcity,
the planning and management of this resource and its optimal, economical and equitable use has become a
matter of the utmost urgency. Concerns of the community needs to be taken into account for water resources
development and management. The success of the National Water Policy will depend entirely on evolving
and maintaining a national consensus and commitment to its underlying principles and objectives. To
achieve the desired objectives, State Water Policy backed with an operational action plan shall be formulated
in a time bound manner say in two years. National Water Policy may be revised periodically as and when
need arises.

____________

Ministry of Water Resources 9 April 1, 2002

 THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974
NO. 6 OF 1974
[23rd March, 1974]
Ministry of Environment and Forests, Govt. of India

An Act to provide for the prevention and control of water pollution and the maintaining or restoring of
wholesomeness of water, for the establishment, with a view to carrying out the purposes aforesaid, of Boards for
the prevention and control of water pollution, for conferring on and assigning to such Boards powers and
functions relating thereto and for matters connected therewith.

WHEREAS it is expedient to provide for the prevention and control of water pollution and the maintaining or
restoring of wholesomeness of water, for the establishment, with a view to carrying out the purposes aforesaid, of
Boards for the prevention and control of water pollution and for conferring on and assigning to such Boards
powers and functions relating thereto;

AND WHEREAS Parliament has no power to make laws for the States with respect to any of the matters
aforesaid except as provided in articles 249 and 250 of the Constitution;

AND WHEREAS in pursuance of clause (1) of article 252 of the Constitution resolutions have been passed by all
the Houses of the Legislatures of the States of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and
Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal to the effect that the matters
aforesaid should be regulated in those States by Parliament by law;

BE it enacted by Parliament in the Twenty-fifth year of Republic of India as follows:-

1. Short title, application and commencement – (1) This Act may be called the Water (Prevention and Control
of Pollution) Act, 1974.
(2) It applies in the first instance to the whole of the States of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh,
Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal and the Union
Territories; and it shall apply to such other State which adopts this Act by resolution passed in that behalf under
clause (1) of article 252 of the Constitution.
(3) It shall come into force at once in the States of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu
and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal and in the Union
territories; and in any other State which adopts this Act under clause (1) of article 252 of the Constitution on the
date of such adoption and any reference in this Act to the commencement of this Act shall, in relation to any State
or Union territory, mean the date on which this Act comes into force in such State or Union territory.
2. Definitions - In this Act, unless the context otherwise requires:
(a) "Board" means the Central Board or a State Board',
(1)
[(b) "Central Board" means the Central Pollution Control Board constituted under section 3;]
(c) "member" means a member of a Board and includes the chairman thereof;
(2)
[(d) "occupier", in relation to any factory or premises, means the person who has control over the affairs of the
factory or the premises, and includes, in relation to any substance, the person in possession of the substance;]
(3)
[(dd) "outlet" includes any conduit pipe or channel, open or closed, carrying sewage or trade effluent or any
other holding arrangement which causes or is likely to cause, pollution;]
(e) "pollution" means such contamination of water or such alteration of the physical, chemical or biological
properties of water or such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid
substance into water (whether directly or indirectly) as may, or is likely to, create a nuisance or render such water
harmful or injurious to public health or safety, or to domestic, commercial, industrial, agricultural or other
legitimate uses, or to the life and health of animals or plants or of aquatic organisms;
(f) "prescribed" means prescribed by rules made under this Act by the Central Government or, as the case may be,
the State Government;
(g) "sewage effluent" means effluent from any sewerage system or sewage disposal works and includes sullage
from open drains;

16
(4)
[(gg) "sewer" means any conduit pipe or channel, open or closed, carrying sewage or trade effluent;]
(5)
[(h) "State Board" means a State Pollution Control Board constituted under section 4;]
(i) "State Government" in relation to a Union territory means the Administrator thereof appointed under article
239 of the Constitution;
(j) "stream" includes -
(ii) water course (whether flowing or for the time being dry);
(iii) inland water (whether natural or artificial);
(iv) subterranean waters;
(v) sea or tidal waters to such extent or, as the case may be, to such point as the State Government may, by
notification in the Official Gazette, specify in this behalf;
(k) "trade effluent" includes any liquid, gaseous or solid substance which is discharged from any premises used
for carrying on any(6)[industry, operation or process, or treatment and disposal system], other than domestic
sewage.

CHAPTER II
THE CENTRAL AND STATE BOARDS FOR PREVENTION AND CONTROL
OF WATER POLLUTION
3. Constitution of Central Boards - (1) The Central Government shall, with effect from such date (being a date
not later than six months of the commencement of this Act in the States of Assam, Bihar, Gujarat, Haryana,
Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West
Bengal and in the Union territories) as it may, by notification in the Official Gazette, appoint, constitute a Central
Board to be called the(7)[Central Pollution Control Board] to exercise the powers conferred on and perform the
functions assigned to that Board under this Act.
(2) The Central Board shall consist of the following members, namely:-
(a) a full time chairman, being a person having special knowledge or practical experience in respect of (8)[matters
relating to environmental protection] or a person having knowledge and experience in administering institutions
dealing with the matters aforesaid, to be nominated by the State Government:
(b) (9)[such number of officials, not exceeding five,] to be nominated by the Central Government to represent that
Government;
(c) such number of persons, not exceeding five, to be nominated by the Central Government from amongst the
members of the State Boards, of whom not exceeding two shall be from those referred to in clause (c) of sub-
section (2) of section 4;
(d) (10)such number of non-officials, not exceeding three] to be nominated by the Central Government to represent
the interest of agriculture, fishery or industry or trade or any other interest which, in the opinion of the State
Government, ought to be represented;
(e) two persons to represent the companies or corporations owned, controlled or managed by the Central
Government, to be nominated by that Government;
(11)
[(f) a full-time member-secretary, possessing qualifications, knowledge and experience of scientific,
engineering or management aspects of pollution control, to be appointed by the Central Government.]
(3) The Central Board shall be a body corporate with the name aforesaid having perpetual succession and a
common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to
contract, and may, by the aforesaid name, sue or be sued.

4. Constitution of State Boards - (1) The State Government shall, with effect from such date (12)*** as it may, by
notification in the Official Gazette, appoint, constitute a(13)[State Pollution Control Board ], under such name as

17
may be specified in the notification, to exercise the powers conferred on and perform the functions assigned to
that Board under this Act.
(2) A State Board shall consist of the following members, namely:-
(a) a(14)[***chairman, being a person having special knowledge or practical experience in respect of (15)[matters
relating to environmental protection] or a person having knowledge and experience in administering institutions
dealing with the matters aforesaid, to be nominated by the State Government:
(16)
[Provided that the chairman may be either whole-time or part-time as the State Government may think fit;]
(b) (17)[such number of officials, not exceeding five,] to be nominated by the State Government to represent that
Government;
(c) (18)[such number of persons, not exceeding five,] to be nominated by the State Government from amongst the
members of the local authorities functioning within the State;
(d) (19)[such number of non-officials, not exceeding three] to be nominated by the State Government represent the
interest of agriculture, fishery or industry to trade or any other interest which, in the opinion of the State
Government, ought to be represented;
(e) two persons to represent the companies or corporations owned, controlled or managed by the State
Government, to be nominated by that Government;
(20)
[(f) a full time member-secretary, possessing qualifications, knowledge and experience of scientific,
engineering or management aspects of pollution control, to be appointed by the State Government.]
(3) Every State Board shall be a body corporate with the name specified by the State Government in the
notification under sub-section (1), having perpetual succession and a common seal with power, subject to the
provisions of this Act, to acquire, hold and dispose of property and to contract, and may, by the said name, sue or
be sued.
(4) Notwithstanding anything contained in this section, no State Board shall be constituted for a Union territory
and in relation to a Union territory, the Central Board shall exercise the powers and perform the functions of a
State Board for that Union territory:
Provided that in relation to an Union territory the Central Board may delegate all or any of its powers and
functions under this sub-section to such person or body of persons as the Central Government may specify.

5. Terms and conditions of service of members - (1) Save as otherwise provided by or under this Act, a member
of a Board, other than, a member-secretary, shall hold office for a term of three years from the date of his
nomination:
Provided that a member shall, notwithstanding the expiration of his term, continue to hold office until his
successor enters his office.
(21)
[(2) The term of office of a member of a Board nominated under clause (b) or clause (e) of sub-section (2) of
section 3 or clause (b) or clause (e) of sub-section (2) of section 4 shall come to an end as soon as he ceases to
hold the office under the Central Government or the State Government or, as the case may be, the company or
corporation owned, controlled or managed by the Central Government or the State Government, by virtue of
which he was nominated.]
(3) The Central Government or, as the case may be, the State Government may, if it thinks fit, remove any
member of a Board before the expiry of his term of office, after giving him a reasonable opportunity of showing
cause against the same.
(4) A member of a Board, other than the member-secretary, may at any time resign his office by writing under his
hand addressed -
(a) in the case of chairman, to the Central Government, or as the case may be, the State Government; and

18
(b) in any other case, to the chairman of the Board; and the seat of the chairman or such member shall thereupon
become vacant.
(5) A member of a Board, other than the member-secretary, shall be deemed to have vacated his seat if he is
absent without reason, sufficient in the opinion of the Board, from three consecutive meetings of the Board,(22)[or
where he is nominated under clause (c) or clause (e) of sub-section (2) of section 3 or under clause (c) or clause
(e) of sub-section (2) of section 4, if ceases to be a member of the State Board or the local authority or, as the case
may be, of the company or corporation owned, controlled or managed by the Central Government or the State
Government and such vacation of seat shall, in either case, take effect from such date as the Central Government
or, as the case may be, the State Government may, by notification in the Official Gazette, specify.]
(6) A casual vacancy in a Board shall be filled by a fresh nomination and the person nominated to fill the vacancy
shall hold office only for the remainder of the term for which the member in whose place he was nominated.
(7) A member of a Board(23)[shall be eligible for re-nomination].
(8) The other terms and conditions of service of a member of a Board, other than the chairman and member-
secretary, shall be such as may be prescribed.
(9) The other terms and conditions of service of the chairman shall be such as may be prescribed.

6. Disqualifications - (1) No person shall be a member of a Board, who -

(a) is, or at any time has been adjudged insolvent or has suspended payment of his debts or has compounded with
his creditors, or
(b) is of unsound mind and stands so declared by a competent court, or
(c) is, or has been, convicted of an offence which, in the opinion of the Central Government or as the case may be,
of the. State Government, involves moral turpitude, or
(d) is, or at any time has been, convicted of an offence under this Act, or
(e) has directly or indirectly by himself or by any partner, any share or interest in any firm or company carrying
on the business of manufacture, sale or hire of machinery, plant, equipment, apparatus or fittings for the treatment
of sewage or trade effluents, or
(f) is a director or a secretary, manager or other salaried officer or employee of any company or firm having any
contract with the Board, or with the Government constituting the Board or with a local authority in the State, or
with a company or corporation owned, controlled or managed by the Government, for the carrying out of
sewerage schemes or for the installation of plants for the treatment of sewage or trade effluents, or
(g) has so abused, in the opinion of the Central Government or as the case may be, of the State Government, his
position as a member, as to render his continuance on the Board detrimental to the interest of the general public.
(2) No order of removal shall be made by the Central Government or the State Government, as the case may be,
under this section unless the member concerned has been given a reasonable opportunity of showing cause against
the same.
(3) Notwithstanding anything contained in sub-sections (1) and (7) of section 5, a member who has been removed
under this section shall not be eligible for re-nomination as a member.

7. Vacation of seats by members - If a member of a Board becomes subject to any of the disqualifications
specified in section 6, his seat shall become vacant.

8. Meetings of Boards - A Board shall meet at least once in every three months and shall observe such rules of
procedure in regard to the transaction of business at its meetings as may be prescribed:
Provided that if, in the opinion of the chairman, any business of an urgent nature is to be transacted, he may
convene a meeting of the Board at such time as he thinks fit for the aforesaid purpose.

19
9. Constitution of Committees (1) A Board may constitute as many committees consisting wholly of members or
wholly of other persons or partly of members and partly of other persons, and for such purpose or purposes as it
may think fit.
(2) A committee constituted under this section shall meet at such time and at such place, and shall observe such
rules of procedure in regard to the transaction of business at its meetings, as may be prescribed.
(3) The members of a committee (other than the members of Board) shall be paid such fees and allowances, for
attending its meetings and for attending to any other work of the Board as may be prescribed.
10. Temporary association of persons with Board for particular purposes - (1) A Board may associate with
itself in such manner, and for such purposes, as may be prescribed any person whose assistance or advice it may
desire to obtain in performing any of its functions under this Act.
(2) A person associated with the Board under sub-section (1) for any purpose shall have a right to take part in the
discussions of the Board relevant to that purpose, but shall not have a right to vote at a meeting of the Board, and
shall not be a member for any other purpose.
(24)
[(3) A person associated with the Board under sub-section (1) for any purpose shall be paid such fees and
allowances, for attending its meetings and for attending to any other work of the Board, as may be prescribed.]
11. Vacancy in Board not to invalidate acts or proceedings - No act or proceeding of a Board or any committee
thereof shall be called in question on the ground merely of the existence of any vacancy in or, any defect in the
constitution of, the Board of such committee, as the case may be.
(25)
[11A. Delegation of power to chairman - The chairman of a Board shall exercise such powers and perform such
duties as may be prescribed or as may, from time to time, be delegated to him by the Board.]
12. Member-secretary and officers and other employees of Board - Terms and conditions of service of the
member-secretary shall be such as may be prescribed.
(2) The member-secretary shall exercise such powers and perform such duties as may be prescribed or as my,
from time to time, be delegated to him by the Board or its chairman.
(3) Subject to such rules as may be made by the Central Government or, as the case may be, the State Government
in this behalf, a Board may appoint such officers and employees as it considers necessary for the efficient
performance of its functions.
(26)
***
(27)
[(3A) The method of recruitment and the terms and conditions of service (including the scales of pay) of the
officers (other than the member-secretary) and other employees of the Central Board or a State Board shall be
such as may be determined by regulations made by the Central Board, or as the case may be, by the State Board:
Provided that no regulation made under this sub-section shall take effect unless -
(a) in the case of a regulation made by the Central Board, it is approved by the Central Government; and
(b) in the case of a regulation made by a State Board, it is approved by the State Government.]
(28)
[(3B) The Board may, by general or special order, and subject to such conditions and limitations, if any, as may
be specified in the order, delegate to any officer of the Board such of its powers and functions under this Act it
may deem necessary.]
(4) Subject to such conditions as may be prescribed, a Board may from time to time appoint any qualified person
to be a consulting engineer to the Board and pay him such salaries and allowances and subject him to such other
terms and conditions of service as it thinks fit.

20
 CHAPTER III
JOINT BOARDS
13.Constitution of Joint Board - (1) Notwithstanding anything contained in this Act, an agreement may be
entered into -
(a) by two or more Governments of contiguous States, or
(b) by the Central Government (in respect of one or more Union territories) and one or more Governments of
State contiguous to such Union territory or Union territories, to be in force for such period and to be subject to
renewal for such further period if any, as may be specified in the agreement to provide for the constitution of a
Joint Board,-
(i) in a case referred to in clause (a), for all the participating States, and
(ii) in a case referred to in clause (b), for the participating Union territory or Union territories and the State or
States.
(2) An agreement under this section may-
(a) provide, in a case referred to in clause (a) of sub-section (1), for the apportionment between the participating
States and in a case referred to in clause (b) of that sub-section, for the apportionments between the Central
Government and the participating State Government or State Governments, of the expenditure in connection with
the Joint Board;
(b) determine, in a case referred to in clause (a) of sub-section (1), which of the participating State Governments
and in a case referred to in clause (b) of that sub-section, whether the Central Government or the participating
State Government (if there are more than one participating State, also which of the participating State
Governments) shall exercise and perform the several powers and functions of the State Government under this
Act and the references in this Act to the State Government shall be construed accordingly;
(c) provide for consultation, in a case referred to in clause (a) of sub-section (1), between the participating State
Governments and in a case, referred to in clause (b) of that sub-section, between the Central Government and the
participating State Government or State Governments either generally or with reference to particular matters
arising under this Act;
(d) make such incidental and ancillary provisions, not inconsistent with this Act, as may be deemed necessary or
expedient for giving effect to the agreement.
(3) An agreement under this section shall be published, in a case referred to in clause (a) of sub-section (1), in the
Official Gazette of the participating States and in a case referred to in clause (b) of that sub-section, in the Official
Gazette of participating Union territory or Union territories and participating Stat e or States.

14. Composition of Joint Board - (1) A Joint Board constituted in pursuance of an agreement entered into under
clause (a) of sub-section (1) of section 13 shall consist of the following members, namely:-
(a) a full-time chairman. being a person having special knowledge or practical experience in respect of (29)[matters
relating to environmental protection] or a person having knowledge and experience in administering institutions
dealing with the matters aforesaid, to be nominated by the Central Government;
(b) two officials from each of the participating States to be nominated by the concerned participating State
Government to represent that Government;
(c) one person to be nominated by each of the participating State Governments from amongst the members of the
local authorities functioning within the State concerned;
(d) one non-official to be nominated by each of the participating State Governments to represent the interests of
agriculture, fishery or industry or trade in the State concerned or any other interest which, in the opinion of the
participating State Government, is to be represented,

21
(e) two persons to be nominated by the Central Government to represent the companies or corporations owned,
controlled or managed by the participating State Governments,
(30)
[(f) a full-time member-secretary, possessing qualifications, knowledge and experience of scientific,
engineering or management aspects of pollution control, to be appointed by the Central Government.]
(2) A Joint Board constituted in pursuance of an agreement entered into under clause (b) of sub-section (1) of
section 13 shall consist of the following members, namely:-
(a) full-time chairman, being a person having special knowledge or practical experience in respect of(31)[matters
relating to environmental protection], or a person having knowledge and experience in administering institutions
dealing with the matters aforesaid, to be nominated by the Central Government;
(b) two officials to be nominated by the Central Government from the participating Union territory or each of the
participating Union territories, as the case may be, and two officials to be nominated, from the participating State
or each of the participating States, as the case may be by the concerned participating State Government;
(c) one person to be nominated by the Central Government from amongst the members of the local authorities
functioning within the participating Union territory or each of the participating Union territories, as the case may
be and one person to be nominated, from amongst the members of the local authorities functioning within the
participating State or each of the participating States, as the case may be, by the concerned participating State
Government;
(d) one non-official to be nominated by the Central Government and one person to be nominated by the
participating State government or State Governments to represent the interests of agriculture, fishery or industry
or trade in the Union territory or in each of the Union territories or the State or in each of the States, as the case
may be, or any other interest which in the opinion of the Central Government or, as the case may be, of the State
Government is to be represented.
(e) two persons to be nominated by the Central Government to represent the companies or corporations owned,
controlled or managed by the Central Government and situate in the participating Union territory or territories and
two persons to be nominated by the Central government to represent the companies or corporations owned,
controlled or managed by the participating State Governments;
(32)
[(f) a full-time member-secretary, possessing qualifications, knowledge and experience of scientific,
engineering or management aspects of pollution control to be appointed by the Central Government.]
(3) When a Joint Board is constituted in pursuance of an agreement under clause (b) of sub-section (1) of section
13, the provisions of sub-section (4) of section 4 shall cease to apply in relation to the Union territory for which
the Joint Board is constituted.
(4) Subject to the provisions of sub-section (3), the provisions of sub-section (3) of section 4 and sections 5 to 12
(inclusive) shall apply in relation to the Joint Board and its member-secretary as they apply in relation to a State
Board and its member-secretary.
(5) Any reference in this Act to the State Board shall, unless the context otherwise requires, be construed as
including a Joint Board.

15. Special Provision relating to giving of directions - Notwithstanding anything contained in this Act where
any Joint Board is constituted under section 13,-
(a) the Government of the State for which the Joint Board is constituted shall be competent to give any direction
under this Act only in cases where such direction relates to a matter within the exclusive territorial jurisdiction of
the State;
(b) the Central Government alone shall be competent to give any direction under this Act where such direction
relates to a matter within the territorial jurisdiction of two or more States or pertaining to a Union territory.

22
 CHAPTER IV
POWERS AND FUNCTIONS OF BOARDS
16. Functions of Central Board - (1) Subject to the provisions of this Act, the main function of the Central
Board shall be to promote cleanliness of streams and wells in different areas of the States.
(2) In particular and without prejudice to the generality of the foregoing function, the Central Board may perform
all or any of the following functions, namely:-
(a) advise the Central Government on any matter concerning the prevention and control of water pollution;
(b) co-ordinate the activities of the State Boards and resolve disputes among them;
(c) provide technical assistance and guidance to the State Boards, carry out and sponsor investigations and
research relating to problems of water pollution and prevention, control or abatement of water pollution;
(d) plan and organise the training of persons engaged or to be engaged in programmes for the prevention, control
or abatement of water pollution on such terms and conditions as the Central Board may specify;
(e) organise through mass media a comprehensive programme regarding the prevention and control of water
pollution;
(33)
[(ee) perform such of the functions of any State Board as may be specified in an order made under sub-section
(2) of section 18];
(f) collect, compile and publish technical and statistical data relating to water pollution and the measures devised
for its effective prevention and control and prepare manuals, codes or guides relating to treatment and disposal of
sewage and trade effluents and disseminate information connected therewith;
(g) lay down, modify or annul, in consultation with the State Government concerned, the standards for a stream or
well:
Provided that different standards may be laid down for the same stream or well or for different streams or wells,
having regard to the quality of water, flow characteristics of the stream or well and the nature of the use of the
water in such stream or well or streams or wells;
(h) plan and cause to be executed a nation-wide programme for the prevention, control or abatement of water
pollution;
(i) perform such other functions as may be prescribed.
(3) The Board may establish or recognise a laboratory or laboratories to enable the Board to perform its functions
under this section efficiently, including the analysis of samples of water from any stream or well or of samples of
any sewage or trade effluents.
17. Functions of State Board - (1) Subject to the provisions of this Act, the functions of a State Board shall be-
(a) to plan a comprehensive programme for the prevention, control or abatement of pollution of streams and wells
in the State and to secure the execution thereof;
(b) to advise the State Government on any matter concerning the prevention, control or abatement of water
pollution;
(c) to collect and disseminate information relating to water pollution and the prevention, control or abatement
thereof;
(d) to encourage, conduct and participate in investigations and research relating to problems of water pollution
and prevention, control or abatement of water pollution;
(e) to collaborate with the Central Board in organising the training of persons engaged or to be engaged in
programmes relating to prevention, control or abatement of water pollution and to organise mass education
programmes relating thereto;

23
(f) to inspect sewage or trade effluents, works and plants for the treatment of sewage and trade effluents and to
review plans, specifications or other data relating to plants set up for the treatment of water, works for the
purification thereof and the system for the disposal of sewage or trade effluents or in connection with the grant of
any consent as required by this Act;
(g) lay down, modify or annul effluent standards for the sewage and trade effluents and for the quality of
receiving waters (not being water in an inter-State stream) resulting from the discharge of effluents and to classify
waters of the State;
(h) to evolve economical and reliable methods of treatment of sewage and trade effluents, having regard to the
peculiar conditions of soils, climate and water resources of different regions and more especially the prevailing
flow characteristics of water in streams and wells which render it impossible to attain even the minimum degree
of dilution;
(i) to evolve methods of utilisation of sewage and suitable trade effluents in agriculture;
(j) to evolve efficient methods of disposal of sewage and trade effluents on land, as are necessary on account of
the predominant conditions of scant stream flows that do not provide for major part of the year the minimum
degree of dilution;
(k) to lay down standards of treatment of sewage and trade effluents to be discharged into any particular stream
taking into account the minimum fair weather dilution available in that stream and the tolerance limits of pollution
permissible in the water of the stream, after the discharge of such effluents;
(l) to make, vary or revoke any order-
(i) for the prevention, control or abatement of discharges of waste into streams or wells;
(ii) requiring any person concerned to construct new systems for the disposal of sewage and trade effluents or to
modify, alter or extend any such existing system or to adopt such remedial measures as are necessary to prevent
control or abate water pollution;
(m) to lay down effluent standards to be complied with by persons while causing discharge of sewage or sullage
or both and to lay down, modify or annul effluent standards for the sewage and trade effluents;
(n) to advise the State Government with respect to the location of any industry the carrying on of which is likely
to pollute a stream or well;
(o) to perform such other functions as may be prescribed or as may, from time to time be entrusted to it by the
Central Board or the State Government
(2) The Board may establish or recognise a laboratory or laboratories to enable the Board to perform its functions
under this section efficiently, including the analysis of samples of water from any stream or well or of samples of
any sewage or trade effluents.
18. Powers to give Directions-(34)[(1)] In the performance of its functions under this Act-
(a) the Central Board shall be bound by such directions in writing as the Central Government may give to it; and
(b) every State Board shall be bound by such directions in writing as the Central Board or the State Government
may give to it:
Provided that where a direction given by the State Government is inconsistent with the direction given by the
Central Board, the matter shall be referred to the Central Government for its decision.
(35)
[(2) Where the Central Government is of the opinion that and State Board has defaulted in complying with any
directions given by the Central Board under sub-section (1) and as a result of such default a grave emergency has
arisen and it is necessary or expedient so to do in the public interest, it may, by order, direct the Central Board to
perform any of the functions of the State Board in relation to such area for such period and for such purposes, as
may be specified in the order.
(3) Where the Central Board performs any of the functions of the State Board in pursuance of a direction under
sub-section (2), the expenses, if any, incurred by the Central Board with respect to performance of such functions
24
may, if the State Board is empowered to recover such expenses, be recovered by the Central Board with interest
(at such reasonable rate as the Central Goverment may, by order, fix) from the date when a demand for such
expenses is made until it is paid from the person or persons concerned as arrears of land revenue or of public
demand.
(4) For the removal of doubts, it is hereby declared that any directions to perform the functions of any State Board
given under sub-section (2) in respect of any area would not preclude the State Board from performing such
functions in any other area in the State or any of its other functions in that area.]

CHAPTER V
PREVENTION AND CONTROL OF WATER POLLUTION
19. Power State Government to restrict the application of the Act to certain areas - (1) Notwithstanding
contained in this Act, if the State Government, after consultation with, or on the recommendation of, the State
Board, is of opinion that the provisions of this Act need not apply to the entire State, it may, by notification in the
Official Gazette, restrict the application of this Act to such area or areas as may be declared therein as water
pollution. prevention and control area or areas and thereupon the provisions of this Act shall apply only to such
area or areas.
(2) Each water pollution, prevention and control area may be declared either by reference to a map or by reference
to the line of any watershed or the boundary of any district or partly by one method and partly by another.
(3) The State Government may, by notification in the Official Gazette,-
(a) alter any water pollution prevention and control area whether by way of extension or reduction; or
(b) define a new water pollution, prevention and control area in which may be merged one or more water
pollution, prevention and contro1 areas, or any part or parts thereof.
20. Power to obtain information - (1) For the purpose of enabling a State Board to perform the function
conferred on it by or under this Act, the State Board or any officer empowered by it in that behalf, may make
surveys of any area and gauge and keep records of the flow or volume and other characteristics of an stream or
well in such area, and may take steps for the measurement and recording of the rainfall in such area or any part
thereof and for the installation and maintenance for those purposes of gauges or other apparatus and works
connected therewith, and carry out stream surveys and may take such other steps as may be necessary in order to
obtain any information required for the purposes aforesaid.
(2) A State Board may give directions requiring any person who in its opinion is abstracting water from any such
stream or well in the area in quantities which are substantial in relation to the flow or volume of that stream or
well or is discharging sewage or trade effluent into any such stream or well, to give such information as to the
abstraction or the discharge at such times and in such form as may be specified in the directions.
(3) Without prejudice to the provisions of sub-section (2), a State Board may, with a view to preventing or
controlling pollution of water, give directions requiring any person in charge of any establishment where any
(36)
[industry, operation or process, or treatment and disposal system] is carried on, to furnish to it information
regarding the construction, installation or operation of such establishment or of any disposal system or of any
extension or addition thereto in such establishment and such other particular as may be prescribed
21. Power to take samples of effluents and procedures to be followed in connection therwith - (1) A State
Board or any officer empowered by it in this behalf shall have power to take for the purpose of analysis samples
of water from any stream or well or samples of any sewage or trade effluent which is passing from any plant or
vessel or from or over any place into any such stream or well.
(2) The result of any analysis of a sample of any sewage or trade effluent taken under sub-section (1) shall not be
admissible in evidence in an legal proceeding unless the provisions of sub-sections (3), (4) and (5) are complied
with.

25
(3) Subject to the provisions of sub-sections (4) and (5), when a sample (composite or otherwise as may be
warranted by the process used) of any sewage or trade effluent is taken for analysis under sub-section (1), the
person taking the sample shall-
(a) serve on the person in charge of, or having control over, the plant or vessel or in occupation of the place
(which person is hereinafter referred to as the occupier) or any agent of such occupier, a notice, then and there in
such form as may be prescribed of his intention to have it so analysed;
(b) in the presence of the occupier or his agent, divide the sample into two parts;
(c) cause each part to be placed in a container which shall be marked and scaled and shall also be signed both by
the person taking the sample and the occupier or his agent,
(d) send one container forthwith,-
(i) in a case where such sample is taken from any area situated in a Union territory, to the laboratory established
or recognised by the Central Board under section 16; and
(ii) in any other case, to the laboratory established or recognised by the State Board under section 17;
(e) on the request of the occupier or his agent, send the second container,-
(i) in a case where such sample is taken from any area situated in a Union territory, to the laboratory established
or specified under sub-section (1) of section 51; and
(ii) in an other case, to the laboratory established or specified under sub-seedon (1) of section 52.
(37)
(4) When a sample of any sewage or trade effluent is taken for analysis under sub-section (1) and the person
taking the sample serves on the occupier or his agent, a notice under clause (a) of subsection (3) and the occupier
or his agent wilfully absents himself, then,- (a) the sample so taken shall be placed in a container which shall be
marked and sealed and shall also be signed by the person taking the sample and the same shall he sent forthwith
by such person for analysis to the laboratory referred to in sub-clause (i) or sub-clause (ii), as the case may be, of
clause (e) of sub-section (3) and such person shall inform the Government analyst appointed under sub-section (1)
or sub-section (2), as the case may be, of section 53, in writing about the wilful absence of the occupier or his
agent; and
(b) the cost incurred in getting such sample analysed shall be payable by the occupier or his agent and in case of
default of such payment, the same shall be recoverable from the occupier or his agent, as the case may be, as an
arrear of land revenue or of public demand:
Provided that no such recovery shall be made unless the occupier or, as the case may be, his agent has been given
a reasonable opportunity of being heard in the matter.]
(5) When a sample of any sewage or trade effluent is taken for analysis under sub-section (1) and the person
taking the sample serves on the occupier or his agent a notice under clause (a) of sub-section (3) and the occupier
or his agent who is present at the time of taking the sample does not make a request for dividing the sample into
two parts as provided in clause (b) of sub-section (3), then, the sample so taken shall be placed in a container
which shall be marked and sealed and shall also be signed by the person taking the sample and the same shall be
sent forthwith by such person for analysis to the laboratory referred to in sub-clause (i) or sub-clause (ii), as the
case may be, of clause (d) of sub-section (3).
22. Reports of the results of analysis on samples taken undedr section 21 - (1) Where a sample of any sewage
or trade effluent has been sent for analysis to the laboratory established or recognised by the Central Board or, as
the case may be, the State Board, the concerned Board analyst appointed under sub-section (3) of section 53 shall
analyse the sample and submit a report in the prescribed form of the result of such analysis in triplicate to the
Central Board or the State Board, as the case may be.
(2) On receipt of the report under sub-section (1), one copy of the report shall be sent by the Central Board or the
State Board, as the case may be, to the occupier or his agent referred to in section 21, another copy shall be
preserved for production before the court in case any legal proceedings are taken against him and the other copy
shall be kept by the concerned Board.

26
(3) Where a sample has been sent for analysis under clause (e) of sub-section (3) or sub-section (4) of section 21
to any laboratory mentioned therein, the Government analyst referred to in that subsection shall analyse the
sample and submit a report in the prescribed form of the result of the analysis in triplicate to the Central Board or,
as the case may be, the State Board which shall comply with the provisions of sub-section (2).
(4) If there is any inconsistency or discrepancy between, or variation in the results of, the analysis carried out by
the laboratory established, or recognised by the Central Board or the State Board, as the case may be, and that of
the laboratory established or specified under section 51 or section 52, as the case may be, the report of the latter
shall prevail.
(5) Any cost incurred in getting any sample analysed at the request of the occupier or his agent shall be payable
by such occupier or his agent and in case of default the same shall be recoverable from him as arrears of land
revenue or of public demand.
23. Power of entry and inspection - (1) Subject to the provisions of this section, any person empowered by a
State Board in this behalf shall have a right at any time to enter, with such assistance as he considers necessary,
any place-
(a) for the purpose of performing any of the functions of the Board entrusted to him;
(b) for the purpose of determining whether and if so in what manner, any such functions are to be performed or
whether any provisions of this Act or the rules made thereunder of notice, order, direction or authorisation served,
made, given, or granted under this Act is being or has been complied with;
(c) for the purpose of examining any plant, record, register, document or any other material object or for
conducting a search of any place in which he has reason to believe that an offence under this Act or the rules
made thereunder has been or is being or is about to be committed and for seizing any such plant, record, register,
document or other material object, if he has reason to believe that it may furnish evidence of the commission of an
offence punishable under this Act or the rules made thereunder:
Provided that the right to enter under this sub-section for the inspection of a well shall be exercised only at
reasonable hours in a case where such well is situated in any premises used for residential purposes and the water
thereof is used exclusively for domestic purposes.
(2) The provisions of (38)[the Code of Criminal Procedure, 1973], or, in relation to the State of Jammu and
Kashmir, the provisions of any corresponding law in force in that State, shall, so far as may be, apply to any
search or seizure under this section as they apply to any search or seizure made under the authority of a warrant
issued under (39)[section 94] of the said Code, or, as the case may be under the corresponding provisions of the
said law.
Explanation.-For the purposes of this section, "place" includes vessel.
24. Prohibition on use of stream or well for disposal of polluting matter, etc. - (1) Subject to the provisions of
this section,-
(a) no person shall knowingly cause or permit any poisonous, noxious or polluting matter determined in
accordance with such standards as may be laid down by the State Board to enter (whether directly or indirectly)
into any (40)[stream or well or sewer or on land]; or
(b) no person shall knowingly cause or permit to enter into any stream any other matter which may tend, either
directly or in combination with similar matters, to impede the proper flow of the water of the stream in a manner
leading or likely to lead to a substantial aggravation of pollution due to other causes or of its consequences.
(2) A person shall not be guilty of an offence under sub-section (1), by reason only of having done or caused to be
done any of the following acts, namely:-
(a) constructing, improving or maintaining in or across or on the bank or bed of any stream any building, bridge,
weir, dam, sluice, dock, pier, drain or sewer or other permanent works which he has a right to construct, improve
or maintain;

27
(b) depositing any materials on the bank or in the bed of any stream for the purpose of reclaiming land or for
supporting, repairing or protecting the bank or bed of such stream provided such materials are not capable of
polluting such stream;
(c) putting into any stream any sand or gravel or other natural deposit which has flowed from or been deposited
by the current of such stream;
(d) causing or permitting, with the consent of the State Board, the diposit accumulated in a well, pond or reservoir
to enter into any stream.
(3) The State Government may, after consultation with, or on the recommendation of, the State Board, exempt, by
notification in the Official Gazette, any person from the operation of sub-section (1) subject to such conditions, if
any, as may be specified in the notification and any condition so specified may by a like notification and be
altered, varied or amended.
25. Restrictions on new outlets and new discharges - (41)[(1) Subject to the provisions of this section, no person
shall, without the previous consent of the State Board -
(a) establish or take any steps to establish any industry, operation or process, or any treatment and disposal system
or an extension or addition thereto, which is likely to discharge sewage or trade effluent into a stream or well or
sewer or on land (such discharge being hereafter in this section referred to as discharge of sewage); or
(b) bring into use any new or altered outlets for the discharge of sewage; or
(c) begin to make any new discharge of sewage:
Provided that a person in the process of taking any steps to establish any industry, operation or process
immediately before the commencement of the Water (Prevention and Control of Pollution) Amendment Act,
1988, for which no consent was necessary prior to such commencement, may continue to do so for a period of
three months from such commencement or, if he has made an application for such consent, within the said period
of three months, till the disposal of such application,
(2) An application for consent of the State Board under sub-section (1) shall be made in such form, contain such
particulars and shall be accompanied by such fees as may be prescribed.]
(3) The State Board may make such inquiry as it may deem fit in respect of the application for consent referred to
in sub-section (1) and in making any such inquiry, shall follow such procedure as may be prescribed.
(42)
[(4) The State Board may -
(a) grant its consent referred to in sub-section (1), subject to conditions as it may impose being -
(i) in cases referred to in clauses (a) and (b) of sub-section (1) of section 25, conditions as to the point of
discharge of sewage or as to the use of that outlet or any other outlet for discharge of sewage;
(ii) in the case of a new discharge, conditions as to the nature and composition, temperature, volume or rate of
discharge of the effluent from the land or premises from which the discharge or new discharge is to be made; and
(iii) that the consent will be valid only for such period as may be specified in the order, and any such conditions
imposed shall be binding on any person establishing or taking any steps to establish any industry, operation or
process, or treatment and disposal system or extension or addition thereto, or using the new or altered outlet, or
discharging the effluent from the land or premises aforesaid; or
(b) refuse such consent for reasons to be recorded in writing.
(5) Where, without the consent of the State Board, any industry operation or process, or any treatment and
disposal system or any extension or addition thereto, is established, or any steps for such establishment have been
taken or a new or altered outlet is brought into use for the discharge of sewage or a new discharge of sewage is
made, the State Board may serve on the person who has established or taken steps to establish any industry,
operation or process, or any treatment and disposal system or any extension or addition thereto, or using the
outlet, or making the discharge, as the case may be, a notice imposing any such conditions as it might have
imposed on an application for its consent in respect of such establishment, such outlet or discharge.

28
(6) Every State Board shall maintain a register containing particulars of conditions imposed under this section and
so much of the register as relates to any outlet, or to any effluent, from any land or premises shall be open to
inspection at all reasonable hours by any person interested in, or affected by such outlet, land or premises, as the
case may be, or by any person authorised by him in this behalf and the conditions so contained in such register
shall be conclusive proof that the consent was granted subject to such conditions.]
(7) The consent referred to in sub-section (1) shall, unless given or refused earlier, be deemed to have been given
unconditionally on the expiry of a period of four months of the making of an application in this behalf complete in
all respects to the State Board.
(8) For the purposes of this section and sections 27 and 30 -
(a) the expression "new or altered outlet" means any outlet which is wholly or partly constructed on or after the
commencent of this Act or which (whether so constructed or not) is substantially altered after such
commencement;
(b) the expression "new discharge" means a discharge which is not, as respects the nature and composition,
temperature, volume, and rate of discharge of the effluent substantially a continuation of a discharge made within
the preceding twelve months (whether by the same or different outlet), so however that a discharge which is in
other respects a continuation of previous discharge made as aforesaid shall not be deemed to be a new discharge
by reason of any reduction of the temperature or volume or rate of discharge of the effluent as compared with the
previous discharge.
26. Provision regarding existing discharge of sewage or trade effluent - Where immediately before the
commencement of this Act any person was discharging any sewage or trade effluent into a(43)[stream or well or
sewer or on. land], the provisions of section 25 shall, so far as may be, apply in relation to such person as they
apply in relation to the person referred to in that section subject to the modification that the application for
consent to be made under sub-section (2) of that section (44)[shall be made on or before such date as may be
specified by the State Government by notification in this behalf in the Official Gazette].
27. Refusal or withdrawal of consent State Board - (45)(1) A State Board shall not grant its consent under sub-
section (4) of section 25 for the establishment of any industry, operation or process, or treatment and disposal
system or extension or addition thereto, or to the bringing into use of a new or altered outlet unless the industry,
operation or process, or treatment and disposal system or extension or addition thereto, or the outlet is so
established as to comply with an conditions imposed by the Board to enable it to exercise its right to take samples
of the effluent.
(46)
[(2) A State Board may from time to time review-
(47)
[(a) any condition imposed under section 25 or section 26 and may serve on the person to whom a consent
under section 25 or section 26 is granted a notice making any reasonable variation of or revoking any such
condition.
(b) the refusal of any consent referred to in sub-section (1) of section 25 or section 26 or the grant of such consent
without any condition, and may make such orders as it deemed fit.]
(3) Any conditions imposed under section 25 or section 26 shall be subject to any variation made under sub-
section (2) and shall continue in force until revoked under that sub-section.
28. Appeals - (1) Any person aggrieved by an order made by the State Board under section 25, section 26 or
section 27 may within thirty days from the date on which the order is communicated to him, prefer an appeal to
such authority (hereinafter referred to as the appellate authority) as the State Government may think fit to
constitute
Provided that the appellate authority may entertain the appeal after the expiry of the said period of thirty days if
such authority is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(48)
[(2) An appellate authority shall consist of a single person or three persons as the State Government may think
fit, to be appointed by that Government.]

29
(3) The form and manner in which an appeal may be preferred under sub-section (1), the fees payable for such
appeal and the procedure to be followed by the appellate authority shall be such as may be prescribed.
(4) On receipt of an appeal preferred under sub-section (1), the appellate authority shall, after giving the appellant
and the State Board any opportunity of being heard, dispose of the appeal as expeditiously as possible.
(5) If the appellate authority determines that any condition imposed, or the variation of any condition, as the case
may be, was unreasonable, then,-
(a) where the appeal is in respect of the unreasonableness of any condition imposed, such authority may direct
either that the condition shall be treated as annulled or that there shall be substituted for it such condition as
appears to it to be reasonable;
(b) where the appeal is in respect of the unreasonableness of any variation of'a condition, such authority may
direct either that the condition shall be treated as continuing in force unvaried or that it shall be varied in such
manner as appears to it to be reasonable.
29. Revision - (1) The State Government may at any time either of its own motion or on an application made to it
in this behalf, call for the records of any case where an order has been made by the State Board under section 25,
section 26 or section 27 for the purpose of satisfying itself as to the legality or propriety of any such order and
may pass such order in relation thereto as it may think fit:
Provided that the State Government shall not pass any order under this sub-section without affording the State
Board and the person who may be affected by such order a reasonable opportunity of being heard in the matter.
(2) The State Government shall not revise any order made under section 25, section 26 or section 27 where an
appeal against that order lies to the appellate authority, but has not been preferred or where an appeal has been
preferred such appeal is pending before the appellate authority.
30. Power of State to carry out certain works - (49)[(1) Whereunder this Act, any conditions have been imposed
on any person while granting consent under section 25 or section 26 and such conditions require such person to
execute any work in connection therewith and such work has not been executed within such time as may be
specified in this behalf, the State Board may serve on the person concerned a notice requiring him within such
time (not being less than thirty days) as may be specified in the notice to execute the work specified therein.]
(2) If the person concerned fails to execute the work as required in the notice referred to in sub-section (1), then,
after the expiration of the time specified in the said notice, the State Board may itself execute or cause to be
executed such work.
(3) All expenses incurred by the State Board for the execution of the aforesaid work, together with interest, at
such rate as the State Government may, by order, fix, from the date when a demand for the expenses is made until
it is paid, may be recovered by that Board from the person concerned, as arrears of land revenue, or of public
demand.
31. Furnishing of information to State Board and other agencies in certain cases - (50)[(1) If at any place
where any industry, operation or process, or any treatment and disposal system or any extension or addition
thereto is being carried on, due to accident or other unforeseen act or event, any poisonous, noxious or polluting
matter is being discharged, or is likely to be discharged into a stream or well or sewer or on land and, as a result
of such discharge, the water in any stream or well is being polluted, or is likely to be polluted, then the person
incharge of such place shall forthwith intimate the occurrence of such accident, act or event to the State Board and
such other authorities or agencies as may be prescribed.]
(2) Where any local authority operates any sewerage system or sewage works the provisions of sub-section (1)
shall apply to such local authority as they apply in relation to the person in charge of the place where an industry
or trade is being carried on.
32. Emergency measures in case of pollution of stream or well - (1) Where it appears to the State Board that
any poisonous, noxious or polluting matter is present in (51)[any stream or well or on land by reason of the
discharge of such matter in such stream or well or on such land] or has entered into that stream or well due to any
accident or other unforeseen act or event, and if the Board is of opinion, that it is necessary or expedient to take

30
immediate action, it may for reasons to be recorded in writing, carry out such operations as it may consider
necessary for all or any of the following purposes, that is to say:-
(52)
(a) removing that matter from the [stream or well or on land] and disposing it of in such manner as the Board
considers appropriate;
(b) remedying or mitigating any pollution caused by its presence in the stream or well;
(c) issuing orders immediately restraining or prohibiting the persons concerned from discharging any poisonous,
noxious or polluting matter (53)[into the stream or well or on land] or from making insanitary use of the stream or
well.
(2) The power conferred by sub-section (1) does not include the power to construct any works other than works of
a temporary character which are removed on or before the completion of the operations.
33. Power of Board to make application to courts for restraining apprehended pollution of water in streams
or wells - (54)[(1) Where it is apprehended by a Board that the water in any stream or well is likely to be polluted
by reason of the disposal or likely disposal of any matter in such stream or well or in any sewer, or on any land, or
otherwise, the Board may make an application to a court, not inferior to that of a Metropolitan Magistrate or a
Judicial Magistrate of the first class, for restraining the person who is likely to cause such pollution from so
causing.]
(2) On receipt of an application under sub-section (1) the court make such order as it deems fit.
(3) Where under sub-section (2) the court makes an order restraining any person from polluting the water in any
stream or well, it may in that order-
(i) direct the person who is likely to cause or has caused the pollution of the water in the stream or well, to desist
from taking such action as is likely to cause pollution or, as the case may be, to remove such stream or well, such
matter, and
(ii) authorise the Board, if the direction under clause (i) (being a direction for the removal of any matter from such
stream or well) is not complied with by the person to whom such direction is issued, to undertake the removal and
disposal of the matter in such manner as may be specified by the court.
(4) All expenses incurred by the Board in removing any matter in pursuance of the authorisation under clause (ii)
of sub-section (3) or in the disposal of any such matter may be defrayed out of any money obtained by the Board
from such disposal and any balance outstanding shall be recoverable from the person concerned as arrears of land
revenue or of public demand.
(55)
[33A. Power to give direction - Notwithstanding anything contained in any other law, but subject to the
provisions of this Act, and to any directions that the Central Government may give in this behalf, a Board may, in
the exercise of its powers and performance of its functions under this Act, issue any directions in writing to any
person, officer or authority, and such person, officer or authority shall be bound to comply with such directions.
Explanation - For the avoidance of doubts, it is hereby declared that the power to issue directions under this
section includes the power to direct-
(a) the closure, prohibition or regulation of any industry, operation or process; or
(b) the stoppage or regulation of supply of electricity, water or any other service.]

31
 CHAPTER VI
FUNDS, ACCOUNTS AND AUDIT
34. Contribution by Central Government - The Central Government may after due appropriation made by
Parliament by law in this behalf, make in each financial year such contributions to the Central Board as it may
think necessary to enable the Board to perform its functions under this Act.
35. Contributions by State Government - The State Government may, after due appropriation made by the
Legislature of the State by law in this behalf, make in each financial year such contributions to the State Board as
it may think necessary to enable that Board to perform its functions under this Act.
36. Fund of Central Board - (1) The Central Board shall have its own fund, and all sums which may from time
to time, be paid to it by the Central Government and all other receipts by way of gifts, grants, donations,
benefactions (56)[fees or (otherwise) of that Board shall be carried to the fund of the Board and all payments by the
Board shall be made therefrom.
(2) The Central Board may expend such sums as it thinks fit for performing its functions under this Act, (57)[and,
where any law for the time being in force relating to the prevention, control of abatement or air pollution provides
for the performance of any function under such law by the Central Board, also for performing its functions under
such law] and such sums shall be treated as expenditure payable out of the funds of that Board.
37. Fund of State Board - (1) The State Board shall have its own fund, and the sums which may, from time to
time, be paid to it by the State Government and all other receipts (by way of gifts, grants, donations, benefactions
(58)
[fees] or (otherwise) of that Board shall be carried to the fund of the Board and all payments by the Board shall
be made therefrom.
(2) The State Board may expend such sums as it thinks fit for performing its functions under this Act, (59)[and,
where any law for the time being in force relating to the prevention, control or abatement of air pollution provides
for the performance of any function under such law by the State Board, also for performing its functions under
such law] and such sums shall be treated as expenditure payable out of the fund of that Board.
(60)
[37A. Borrowing powers of Board - A Board may, with the consent of, or in accordance with, the terms of any
general or special authority given to it by the Central Government or, as the case may be, the State Government,
borrow money from any source by way of loans or issue of bonds, debentures or such other instruments, as it may
deem fit, for the performance of all or any of its functions under this Act].
38. Budget - The Central Board or, as the case may be, the State Board shall, during each financial year, prepare,
in such form and at such time as may be prescribed, a budget in respect of the financial year next ensuing showing
the estimated receipt and expenditure, and copies thereof shall be forwarded to the Central Government, or as the
case may be, the State Government.
(61)
[39. Annual Report - (1) The Central Board shall, during each financial year, prepare, in such form as may be
prescribed, an annual report giving full account of its activities under this Act during the previous financial year
and copies thereof shall be forwarded to the Central Government within four months from the last date of the
previous financial year and that Government shall cause every such report to be laid before both Houses of
Parliament within nine months from the last date of the previous financial year.
(2) Every State Board shall, during each financial year, prepare, in such form as may be prescribed, an annual
report giving full account of its activities under this Act during the previous financial year and copies thereof shall
be forwarded to the State Government within four months from the last date of the previous financial year and
that Government shall cause every such report to be laid before the State legislature within a period of nine
months from the last date of the previous financial year.]
40. Accounts and audit - (1) Every Board shall maintain proper accounts and other relevant records and prepare
an annual statement of accounts in such form as may be prescribed by the Central Government or, as the case may
be, the State Government.
(2) The accounts of the Board shall be audited by an auditor duly qualified to act as an auditor of companies under
section 226 of the Companies Act, 1956.
32
(3) The said auditor shall be appointed by the Central Government or, as the case may be, the State Government
on the advice of the Comptroller and Auditor-General of India.
(4) Every auditor appointed to audit the accounts of the Board under this Act shall have the right to demand the
production of books, accounts, connected vouchers and other documents and papers and to inspect any of the
offices of the Board.
(5) Every such auditor shall send a copy of his report together with an audited copy of the accounts to the Central
Government or, as the case may be, the State Government.
(6) The Central Government shall, as soon as may be after the receipt of the audit report under sub-section (5),
cause the same to be laid before both Houses of Parliament.
(7) The State Government shall, as soon as may be after the receipt of the audit report under sub-section (5), cause
the same to be laid before the State Legislature.

CHAPTER VII
PENALTIES AND PROCEDURE
(62)
["41. Failure to comply with directions under sub-section (2) or sub-section (3) of section 20, or orders issued
under clause (c) of sub-section (1) of 32 or directions issued under sub-section (2) of section 33 or section 33A -
(1) Whoever fails to comply with any direction given under sub-section (2) or sub-section (3) of section 20 within
such time as may be specified in the direction shall, on conviction, be punishable with imprisonment for a term
which may extend to three months or with fine which may extend to ten thousand rupees or with both and in case
the failure continues, with an additional fine which may extend to five thousand rupees for every day during
which such failure continues after the conviction for the first such failure.
(2) Whoever fails to comply with any order issued under clause (c), of sub-section (1) of section 32 or any
direction issued by a court under sub-section (2) of section 33 or any direction issued under section 33A shall, in
respect of each such failure and on conviction, be punishable with imprisonment for a term which shall not be less
than one year and six months but which may extend to six years and with fine, and in case the failure continues,
with an additional fine which may extend to five thousand rupees for every day during which such failure
continues after the conviction for the first such failure.
(3) If the failure referred to in sub-section (2) continues beyond a period of one year after the date of conviction,
the offender shall, on conviction, be punishable with imprisonment for a term which shall not be less than two
years but which may extend to seven years and with fine.]
42. Penalty for certain acts - (1) Whoever-
(a) destroys, pulls down, removes, injures or defaces any pillar, post or stake fixed in the ground or any notice or
other matter put up, inscribed or placed, by or under the authority of the Board, or
(b) obstructs any person acting under the orders or directions of the Board from exercising his powers and
performing his functions under this Act, or
(c) damages any work or property belonging to the Board, or
(d) fails to furnish to any officer or other employee of the Board any information required by him for the purpose
of this Act, or
(e) fails to intimate the occurrence of an accident or other unforeseen act or event under section 31 to the Board
and other authorities or agencies as required by that section, or
(f) in giving any information which he is required to give under this Act, knowingly or wilfully makes a statement
which is false in any material particular, or
(g) for the purpose of obtaining any consent under section 25 or section 26, knowingly or wilfully makes a
statement which is false in any material particular.

33
shall be punishable with imprisonment for a term which may extend to three months or with fine which may
extend to (63)[ten thousand rupees] or with both.
(2) Where for the grant of a consent in pursuance of the provisions of section 25 or section 26 the use of a meter
or gauge or other measure or monitoring device is required and such device is used for the purposes of those
provision, any person who knowingly or willfully alters or interferes with that device so as to prevent it from
monitoring or measuring correctly shall be punishable with imprisonment for a term which may extend to three
months or with fine which may extend to (64)[ten thousand rupees] or with both.
43. Penalty for contravention of provisions of section 24 - Whoever contravenes the provisions of section 24
shall be punishable with imprisonment for a term which shall not be less than (65)[one year and six months] but
which may extend to six years and with fine.
44. Penalty for contravention of section 25 or section 26 - Whoever contravenes the provision of section 25 or
section 26 shall be punishable with imprisonment for a term which shall not be less than (66)[two years] but which
may extend to six years and with fine.
45. Enhanced penalty after previous conviction - If any person who has been convicted of any offence under
section 24 or 25 or section 26 is again found guilty of an offence involving a contravention of the same provision,
he shall, on the second and on every subsequent conviction, punishable with imprisonment for a term which shall
not be less than (67)[one and half years] but which may extend to six years and with fine.
Provided that for the purpose of this section no cognizance shall be taken of any conviction made more than two
years before the commission of the offence which is being punished.
(68)
[45A. Penalty for contravention of certain provisions of the Act - Whoever contravenes any of the provisions of
this Act or fails to comply with any order or direction given under this Act, for which no penalty has been
elsewhere provided in this Act, shall be punishable with imprisonment which may extend to three months or with
fine which may extend to ten thousand rupees or with both and in the case of a continuing contravention or
failure, with an additional fine which may extend to five thousand rupees for every day during which such
contravention or failure continues after conviction for the first such contravention or failure.]
46. Publication of names of offenders - If any person convicted of an offence under this Act commits a like
offence afterwards it shall be lawful for the court before which the second or subsequent conviction takes place to
cause the offender's name and place of residence, the offence and the penalty imposed to be published at the
offender's expense in such newspapers or in such other manner as the court may direct and the expenses of such
publication shall be deemed to be part of the cost attending the conviction and shall be recoverable in the same
manner as a fine.
47. Offences by companies - (1) Where an offence under this Act has been committed by a company, every
person who at the time the offence was committed was in charge of, and was responsible to the company for the
conduct of, the business of the company, as well as the company, shall be deemed to be guilty of the offence and
shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment
provided in this Act if he proves that the offence was committed without his knowledge for that he exercised all
due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed
by a company and it is proved that the offence has been committed with the consent or connivance of, or is
attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to
be proceeded against and punished accordingly.
Explanation - For the purpose of this section -
(a) "company" means any body corporate, and includes a firm or other association of individuals; and
(b) "director" in relation to a firm means a partner in the firm.

34
48. Offences by Government Departments - Where an offence under this Act has been committed by any
Department of Government, the Head of the Department shall be deemed to be guilty of the offence and shall be
liable to be proceeded against and punished accordingly:
Provided that nothing contained in this section shall render such Head of the Department liable to any punishment
if he proves that the offence was committed without his knowledge or that he exercised all due diligence to
prevent the commission of such offence.
(69)
49. Cognizance of offences - [(1) No court shall take cognizance of any offence under this Act except on a
complaint made by-
(a) a Board or any officer authorised in this behalf by it; or
(b) any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence
and of his intention to make a complaint, to the Board or officer authorised as aforesaid,
and no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any
offence punishable under this Act.]
(70)
[(2) Where a complaint has been made under clause (b) of sub-section (1), the Board shall, on demand by such
person, make available the relevant reports in its possession to that person :
Provided that the Board may refuse to make any such report available to such person if the same is, in its opinion,
against the public interest.]
(71)
[(3) Notwithstanding anything contained in section 29 of the Code of Criminal Procedure 1973], it shall be
lawful for any (72)[Judicial Magistrate of the first class or for any Metropolitan Magistrate"] to pass a sentence of
imprisonment for a term exceeding two years or of fine exceeding two thousand rupees on any person convicted
of an offence punishable under this Act.
50. Members, officers and servants of Board to be public servants - All members, officers and servants of a
Board when acting or purporting to act in pursuance, of any of the provisions of this Act (45 of 1860) and the
rules made thereunder shall be deemed to be public servants within the meaning of section 21 of the Indian Penal
Code.

CHAPTER VIII
51. Central Water Laboratory - (1) The Central Government may, by notification in the Official Gazette-
(a) establish a Central Water Laboratory; or
(b) specify any laboratory or institute as a Central Water Laboratory to carry out the functions entrusted to the
Central Water Laboratory under this Act.
(2) The Central Government may, after consultation with the Central Board, make rules prescribing-
(a) the functions of the Central Water Laboratory,
(b) the procedure for the submission to the said laboratory of samples of water or of sewage or trade effluent for
analysis or tests, the form of the laboratory's report thereunder and the fees payable in respect of such report;
(c) such other matters as may be necessary or expedient to enable that laboratory to carry out its functions.
52. State Water Laboratory - (1) The State Government may, by notification in the Official Gazette -
(a) establish a State Water Laboratory; or
(b) specify any State laboratory or institute as a State Water Laboratory to carry out the functions entrusted to the
State Water Laboratory under this Act.
(2) The State Government may, after consultation with the State Board, make rules prescribing-
(a) the functions of the State Water Laboratory;

35
(b) the procedure for the submission to the said laboratory of samples of water or of sewage or trade effluent for
analysis or tests, the form of the laboratory's report thereon and the fees payable in respect of such report;
(c) such other matters as may be necessary or expedient to enable that laboratory to carry out its functions.
53. Analysts - (1) The Central Government may, by notification in the Official Gazette appoint such persons as it
thinks fit and having the prescribed qualifications to be Government analysts for the purpose of analysis of
samples of water or of sewage or trade effluent sent for analysis to any laboratory established or specified under
sub-section (1) of section 51.
(2) The State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit and
having the prescribed qualifications to be Government analysts for the purpose of analysis of water or of sewage
or trade effluent sent for analysis to any laboratory established or specified under sub-section (1) of section 52.
(3) Without prejudice to the provisions of sub-section (3) of section 12, the Central Board or, as the case may be,
the State Board may, by notification in the Official Gazette, and with the approval of the Central Government or
the State Government, as the case may be, appoint such persons as it thinks fit and having the prescribed
qualifications to be Board analysts for the purpose of analysis of samples of water or of sewage or trade effluent
sent for analysis to any laboratory established or recognised under section 16, as the case may be, under section
17.
54. Reports of analysts - Any document purporting to be report signed by a Government analyst or, as the case
may be, a Board analyst may be used as evidence of the facts stated therein in any proceeding under this Act.
55. Local authorities to assist - All local authorities shall render such help and assistance and furnish such
information to the Board as it may require for the discharge of its functions, and shall make available to the Board
for inspection and examination such records, maps, plans and other documents as may be necessary for the
discharge of its functions.
56 . Compulsory acquisition of land for the State Board - Any land required by a State Board for the efficient
performance of its function under this Act shall be deemed to be needed for a public purpose and such land shall
be acquired for the State Board under the provisions of the Land Acquisition Act, 1894 (1 of 1984), or under any
other corresponding law for the time being in force.
57. Returns and reports - The Central Board shall furnish to the Central Government, and a State Board shall
furnish to the State Government and to the Central Board such reports, returns, statistics, accounts and other
information with respect to its fund or activities as that Government, or, as the case may be, the Central Board
may, from time to time, require.
58. Bar of jurisdiction - No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any
matter which an appellate authority constituted under this Act is empowered by or under this Act to determine,
and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in
pursuance of any power conferred by or under this Act.
59. Protection of action taken in good faith - No suit or other legal proceedings shall lie against the Government
or any officer of Government or any member or officer of a Board in respect of anything which is in good faith
done or intended to be done in pursuance of this Act or the rules made thereunder.
60. Overriding effect - The provisions of this Act shall have effect notwithstanding anything inconsistent
therewith contained in any enactment other than this Act.
61. Power of Central Government to supersede the Central Board and Joint Boards - (1) If at any time the
Central Government is of opinion-
(a) that the Central Board or any Joint Board has persistently made default in the performance of the functions
imposed on it by or under this Act; or
(b) that circumstances exist which render it necessary in the public interest so to do,
the Central Government may, by notification in the Official Gazette, supersede the Central Board or such Joint
Board, as the case may be, for such period not exceeding one year, as may be specified in the notification:

36
Provided that before issuing a notification under this sub-section for the reasons mentioned in clause (a), the
Central Government shall give a reasonable opportunity to the Central Board or such Joint Board, as the case may
be, to show cause why it should not be superseded and shall consider the explanations and objections if any, of
the Central Board or such Joint Board, as the case may be.
(2) Upon the publication of notification under sub-section (1) superseding the Central Board or any Joint Board,
(a) all the members shall, as from the date of supersession vacate their offices as such;
(b) all the powers, functions and duties which may, by or under this Act, be exercised, performed or discharged by
the Central Board or such Joint Board, shall, until the Central Board or the Joint Board, as the case may be, is
reconstituted under sub-section (3) be exercised, performed or discharged by such person or persons as the
Central Government may direct;
(c) all property owned or controlled by the Central Board or such Joint Board shall until the Central Board or the
Joint Board, as the case may be, is reconstituted under sub-section (3) vest in the Central Government.
(3) On the expiration of the period of supercession specified in the notification issued under sub-section (1), the
Central Government may-
(a) extend the period of supercession for such further term, not exceeding six months, as it may consider
necessary; or
(b) reconstitute the Central Board or the Joint Board, as the case may be, by fresh nomination or appointment, as
the case may be, and in such case any person who vacated his office under clause (a) of sub-section (2) shall not
be deemed disqualified for nomination or appointment:
Provided that the Central Government may at any time before the expiration of the period of supercession,
whether originally specified under sub-section (1) or as extended under this sub-section, take action under clause
(b) of this sub-section.
62. Power of State Government to supersede State Board - (1) If at any time the State Government is of
opinion -
(a) that the State Board has persistently made default in the performance of the functions imposed on it by or
under this Act; or
(b) that circumstances exist which render it necessary in the public interest so to do,
the State Government may, by notification in the Official Gazette, supersede the State Board for such period, not
exceeding one year, as may be specified in the notification:
Provided that before issuing a notification under this sub-section for the reasons mentioned in clause (a), the State
Government shall give a reasonable opportunity to the State Board to show cause why it should not be superseded
and shall consider the explanations and objections, if any, of the State Board.
(2) Upon the publication of a notification under sub-section (1) superseding the State Board, the provisions of
sub-sections (2) and (3) of section 61 shall apply in relation to the supercession of the State Board as they apply in
relation to the supercession of the Central Board or a Joint Board by the Central Government.
63. Power of Central Government to make rules - (1) The Central Government may, simultaneously with the
constitution of the Central Board, make rules in respect of the matters specified in sub-section (2):
Provided that when the Central Board has been constituted, no such rule shall be made, varied, amended or
repealed without consulting the Board.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules provide for all or any
of the following matters, namely:-
(a) the terms and conditions of service of the members (other than the chairman and member-secretary) of the
Central Board under sub-section (8) of section 5.

37
(b) the intervals and the time and place at which meetings of the Central Board or of any committee thereof
constituted under this Act, shall be held and the procedure to be followed at such meetings, including the quorum
necessary for the transaction of business under section 8, and under sub-section (2) of section 9;
(c) the fees and allowances to be paid to such members of a committee of the Central Board as are not members of
the Board under sub-section (3) of section 9.
(73)
[(d) the manner in which and the purpose for which persons may be associated with the Central Board under
sub-section (1) of section 10 and the fees and allowances payable to such persons;]
(e) the terms and conditions of service of the chairman and the member-secretary of the Central Board under sub-
section (9) of section 5 and under sub-section (1) of section 12;
(f) conditions subject to which a person may be appointed as consulting engineer to Central Board under sub-
section (4) of section 12;
(g) the powers and duties to be exercised and performed by the chairman and member-secretary of the Central
Board;
(j) the form of the report of the Central Board analyst under sub-section (1) of section 22,
(k) the form of the report of the Government analyst under sub-section (1) of section 22;
(75)
[(l) the form in which the time within which the budget of the Central Board may be prepared and forwarded to
the Central Government under section 38;
(ll) the form in which the annual report of the Central Board may be prepared under section 39;]
(m) the form in which the accounts of the Central Board may be maintained under section 40;
(76)
[(mm) the manner in which notice of intention to make a complaint shall be given to the Central Board or
officer authorised by it under section 49;]
(n) any other matter relating to the Central Board, including the powers and functions of that Board in relation to
Union territories;
(o) any other matter which has to be, or may be, prescribed.
(3) Every rule made by the Central Government under this Act 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, (77)[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 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 rule.
64. Power of State Government to make rules - (1) The State Government may, simultaneously with the
constitution of the State Board, make rules to carry out the purposes of this Act in respect of matters not falling
within the purview of section 63;
Provided that when the State Board has been constituted, no such rule shall be made, varied, amended or repealed
without consulting that Board.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or
any of the following matters, namely:-
(a) the terms and conditions of service of the members (other than the chairman and the member-secretary) of the
State Board under sub-section (8) of section 5;
(b) the time and place of meetings of the State Board or of any committee of that Board constituted under this Act
and the procedure to be followed at such meeting, including in quorum necessary for the transaction of business
under section 8 and under sub-section (2) of section 9;

38
(c) the fees and allowances to be paid to such members of a committee of the State Board as are not members of
the Board under sub-section (3) of section 9;
(d) the manner in which and the purposes for which persons may be associated with the State Board under sub-
section(1) of section 10 (78)[and the fees and allowances payable to such persons];
(e) the terms and conditions of service of the chairman and the member secretary of the State Board under sub-
section (9) of section 5 and under sub-section (1) of section 12;
(f) the conditions subject to which a person may be appointed as a consulting engineer to the State Board under
sub-section (4) of section 12;
(g) the powers and duties to be exercised and discharged by the chairman and the member-secretary of the State
Board,
(h) the form of the notice referred to in section 2I;
(i) the form of the report of the State Board analyst under sub-section (3) of section 22;
(j) the form of the report of the Government analyst under sub-section (3) of section 22;
(k) the form of application for the consent of the State Board under sub-section (2) of section 25 and the particular
it may contain;
(l) the manner in which inquiry under sub-section (3) of section 25 may be made in respect of an application for
obtaining consent of the State Board and the matters to be taken in to account in granting or refusing such
consent,
(m) the form and manner in which appeals may be filed, the fees, payable in respect of such appeals and the
procedure to be followed by the appellate authority in disposing of the appeals under sub-section (3) of section
28;
(79)
[(n) the form in which and the time within which the budget of the State Board may be prepared and forwarded
to the State Government under section 38;
(nn) the form in which the annual report of the State Board may be prepared under section 39;]
(o) the form in which the accounts of' the State Board may be maintained under sub-section (1) of section 40;
(80)
[(oo) the manner in which notice of intention to make a complaint shall be given to the State Board or officer
authorised by it under section 49;
(p) any other matter which has to be, or may be prescribed.
1. Subs.by Act 53 of 1998, s.2 for cls.(b), (d) and (h)
2. Ins. By Act 44 of 1978, s.2.
3. Subs. By Act 53 of 1988, s.2 for "trade or industry"
4. Ins. By Act 44 of 1978, s.2.
5. Subs. By Act 53 of 1988, s.2 for cls.(b), (d) and (h)
6. Subs.by Act 53 of 1988.s.2 or "trade or industry".
7. Subs.by Act 53 of 1988, s.3 for certain words
8. Subs.by Act 44 of 1978, s.3 for certain words
9. Subs. by 3, ibid., for "five officials".
10. Subs by 3, ibid., for "three non-officials".
11. Subs by Act 53 of 1988, S.3 for cl.(f)
12. Certain words omitted by Act 44, of 1978, s.4.

39
13. Subs. by Act 53 of 1988, s.4, for "State Board".
14. The word "full-time" omitted by Act 44 of 1978, s.4.
15. Subs. by s.4, ibid., for Certain words.
16. Ins by s.4, ibid
17. Subs. by s.4, ibid., for 'five officials"
18. Subs. by s.4, ibid., for "five persons"
19. Subs. by Act 44 of 1978, s.4, for "three non-officials".
20. Subs. by Act 53 of 1988, s. 4, for cl.(f).
21. Subs. by Act 44 of 1978, s.5, for sub-section(2)
22. Subs. by s. 5, ibid., for certain words
23. Subs by Act 53 of 1988, s.5, for "shall not be eligible for renomination for more than two terms".
24. Ins.by Act 44 of 1978, s.6.
25. Ins. By Act 44 of 1978, s.7.
26. Certain words omitted by s.8 ibid
27. Ins. By s.8 ibid
28. Ins.Act 93 of 1988, s.6.
29. Subs.by Act 44 of 1978, s.9. for certain words
30. Subs. by Act 53 of 1988, s.7 for cl.(f).
31. Subs. by Act 44 of 1978, s.9 for certain words
32. Subs. by Act 53 of 1988, s.7 for cl.(f).
33. Ins. By Act 53 of 1988, s.8.
34. S.18 renumbered as sub-section (10 thereof by Act 53 of 1988, s.9.
35. Ins. By s.9, ibid.
36. Subs. By Act 53 of 1988, s. 10 for "industry oftrade".
37. Subs. By Act 44 of 1978, s.10, for sub-section (4)
38. Subs. By Act 44 of 1978, s.11, for "Code of criminal Procedure, 1898 (5 of 1898)"
39. Subs. by s. 11, ibid., for "section 98".
40. Subs. by Act 53 of 1988, s. 11. For "stream or well".
41. Subs. by s. 12, Act 53 of 1988, for sub-sections(1) and (2)
42. Subs. by s. 12, Act 53 of 1988, for sub-sections (4), (5) and (6)
43. Subs. by Act 44 of 1978, s.13, for "stream or well".
44. Subs. by s.13, ibid., for certain words.
45. Sub. By Act 53 of 1988, s 13, for sub-section(1)
46. Subs. by Act 44 of 1978, s. 14 for sub-section(2)
47. Subs. by Act 53 of 1978, s, 13 for cl.(a).
48. Subs. by Act 44 of 1978, s. 15, for sub-section (2)

40
49. Subs. byAct 53 of 1988, s. 14, for subsection (1)
50. Subs. by s. 15, ibid., for sub-section(1)
51. Subs. by Act 53 of 1988, s. 16, for "any stream or well"
52. Subs. by s.16, ibid., for "stream or well".
53. Subs. by s.16, ibid., for "into the stream or well".
54. Subs. by s. 17, ibid., for sub-section (1)
55. Ins. By Act 53 of 1988, s. 18
56. Ins. By Act 44 of 1978, s. 16
57. Ins. By Act 44 of 1978, s. 16
58. Ins. by s. 17, ibid.
59. 60. Ins. by Act 53 of 1998, s. 19.
61. Subs. by Act 53 of 1988, s.20, for s.39
62. Subs. by Act 53 of 1988, s. 21. For s.41
63. Subs. by Act 53 of 1988, s. 22, for "one thousand rupees".
64. 65. Subs. by s. 24, ibid., for "one year".
66. Subs. by ibid., 23 for "six months".
67.
68. Ins. by s. 25, ibid.
69. Subs. by Act 53 of 1988, s. 26 for sub-section(1)
70. Ins. y s. 26, ibid.
71. Sub-section (2) renumbered as sub-section (3) by s. 26 ibid.
72. Subs. by Act 44 of 1978, s. 19, for certain words.
73. Subs. by Act 44 of 1978, s. 20 for cl.9d)
74. Cls. (H) and (i) omitted by s. 20, ibid.
75. Subs. by Act 53 of 1998, S.27.
76. Ins. by Act, ibid., s. 27
77. Subs. by Act 44of 1972, s. 20, for certain words.
78. Ins. by Act 44 of 1978, s. 21
79. Subs. by Act 53 of 1988, s. 28 for cl.(n).
80. Ins. by s. 28. Ibid.

41
 United Provinces Gazette, November 1, 1930
MISCELLANEOUS

October 28, 1930

No. 700/IA-617-1927- In continuation of notification No. 1494/I-317-1927, dated August 22, 1930, it is
hereby notified for general information that Governor in Council has made the following rules under sec
of the Scheduled District Act (XIV of 1874) to regulate the procedure regarding irrigation channels and
watermills in the Kumaon Division.

“These rules shall be called the Kumaon Water Rules, 1930. They will come into force on the date of this
notification. They supersede all existing rules on the subject.

A. IRRIGATION CHANNELS
1. Government will raise no objection to the construction of new irrigation channels by any
landholder. Such channels by any landholder. Such channels must not reduce of otherwise
injuriously affect an existing right of user of water belonging to any other party.

2. All dispute arising out of the working or construction of irrigation channels shall be tried
exclusively by the revenue court.

3. An appeal shall lie from the order of the Assistant Collector to the Deputy commissioner, if filed
within 30 days. An appeal shall lie from the order of the Deputy Commissioner to the
Commissioner if filed within 60 days.

4. The District Engineer, the Chairman of the District Board or the divisional Forest Officer may,
instead of filing a suit, report to the Assistant Collector regarding construction of any irrigation
channel likely to damage a road or other public work under their charge.

5. On receiving such report, the Assistant Collector shall call upon the person complained against to
show cause why the said irrigation channel should not be discontinued. If it is proved to the
satisfaction of the court that damage is likely to caused as above, the Assistant Collector may
prohibit the construction of the Irrigation Channel, or order is demolition.

6. If an irrigation channel can not be constructed without passing through the measured and assessed
land of another person it shall not competent to the person wishing to construction the said
channel to file a suit in the court of the Assistant collector for permission to do so and the court
may make as order that the channel be taken over such measured and assessed land as such
conditions think just, and may grant reasonable compensation to the owner of the land.

7. The period of limitation in the case of may suit under section 2 shall be one year from the date on
which the plaintiff becomes aware of he infringement of this rights.

42
B. WATERMILLS

1. Any person may apply to the Assistant Collector in charge of a sub-division for permission to
construction a watermill.
2. In case there are more applications than one regarding the same site, on the part of a resident and
of a non resident of the village preference shall be given to the resident.

3. Every such application shall clearly specify the spot where the mill is to be constructed, and shall
mention the other mills in the neighbourhood, with the names of their proprietors, and also
whether the proposed mill will to worked during the rains only, or throughout the year.

4. The Assistant Collector shall depute an amin to prepare a map clearly showing the site of the
proposed mill, together with any other mill or irrigation channels served by the same stream.

5. The Assistant Collector shall publish a proclamation in the village and in the neighbouring
villages, and shall notify individually the owners of neighbouring mills. He will also notify the
Chairman, of the District Board, the District Engineer and the Divisional Forest Officer, if
necessary.

6. If no objection is made the petition may be granted.

7. If an objection is raised, the objector shall be called upon to pay necessary court fee, and the
objection shall be treated as plait in a revenue suit, the decided as such.

8. As appeal will lie within 30 days from the court of the Assistant Collector to that of the Deputy
commissioner and within 60 days from the court of the Deputy Commissioner to that of the
Commissioner.

9. The deputy commissioner shall assess the mill for the un expired portion of the period during
which the assessment of other mills in the force.

10. All mill rents shall be liable to reassessment under the order of government at intervals of not less
than 20 years. Provided that all dharm gharats shall remain of rent.

11. Any person holding and paying rent for a watermill, may be notice filed before the Assistant
Collector in charge of the sub division, surrender such mill with effect from the 30th of September
next following –

Provided that such notice and surrender shall not relieve the persons as giving notice from his
liability to pay the rent due for the current year.

12. The revenue derived from watermills will as heretofore belong to the District Board except that
from the Sadabart mills.

13. If a mill is found to have been constructed and worked without sanction, the Deputy
Commissioner may order it to be stopped or dismantled, or may assess it to rent and allow it to be
stopped or dismantled, or may assess it to rents and allow it to continue subject to the payment of
a penalty of not more than three years rental”

43
 True copy
Distribution Board
8.8.84

Copy of a letter No. 197/I-666B, dated 7th March 1914, from W. Gaskell, Esq., C.S., Joint Secretary,
board of Revenue, U.P., to the Commissioner, Kumaun Division.

&&&&&&&&

With reference to your letter No. 2033/XXI-70 dated the 24th January 1914, I am directed to say that the
Board do not consider it necessary to alter the existing arrangements in Garhwal by which mill rents are
collected in two Kist.

2. The revised assessments on the agricultural and commercial mills in the division should be
introduced as suggested by you, with effect from the revenue year 1913-14. But should be
agricultural prospects be very unfavourable the matter should be reported to the Board for further
orders.
3. The Government is being addressed regarding the delegation to you of powers to remit mill rests
when necessary and orders will be communicated subsequently.

Kumaun Commissionership.
No. 24/XXI-70, dated Nainital the March 1914.
Copy together with a copy of the letter to which it is a reply, forwarded to the Deputy commissioner
Almora, for information and necessary action with reference to his No. 1262/I-1, dated 10th December
1913.

Sd/-
Head Assistant
For P. ….
Commissioner

Copy of Board’s letter No. 192/I-66B, dated the 7th March 1914, to the Government, United Provinces,
Revenue Department.

I am directed to invite a reference to the correspondence ending with Government order No. 2182/I-630,
dated the 16th February 1913 in which the sanction of the Government as conveyed to the ravine
assessment on the agricultural and commercial mills in the Kumaon division and the state as follows.

2. On receipt of the orders of the Government, the local authorities asked if … effct was to be given
to the revised command and pointed out that government course .. be in exaeaient owing to the ..
of the season. Further details …be taken. For , but is the meantime the position be affairs has
improved so the revised rents are to be collected unless some unforeseen misfortune occurs.

3. In referring the mention the Commissioner has marked that powers be delegated to him to
sanction the revision of rents whenever necessary. These rents do not levied under the provisions
of any set and the Government is able to pass such orders in the matter as it planning. The Board
are of opinion that the power to sanction remissions might with advantage be delegated to the
Commissioner and route recommence such a course for the favourable consideration of the
Government.

44
No. 1717/XV-17 dated

From
The Chairman
District Board,
Almora

To The Deputy Commissioner,

Almora

Sir,

I have the honour to invite your intention to new Mill Rent Rules 1930 and to assess you. Kindly
to amend Dep Commissioners order dates 7.11. passed in M. Rent file No. 65 of vilalge Sumohi path
Mall’s Symen. The Shastri & Rajbar Shahils of M. symira & Ashok respectively may hence forward the
asked to transfer mill rents of then marfi villages to District Board from

I have Sd/-

45
To,

The Commissioner,
Kumaon Division,
Nainital

(Through the Deputy Commissioner, Almora )

Sir,

I respectfully beg to approach you with the hope that you will be pleased to recommend to the
Government that the mill rents of Taluqa Askote may be made over to me as part of the rent of my
Taluqa.

In 1874, on the advice of Shri Henry Ramsa the then Commissioner Kumaon division, my grand father,
the late Rejwar Pushkar Pal Sahil was pleased to pay 96% out of the income of mill rents in sadahrat
funds and out of this amount medicines were supplied to the Taluqa for distribution to the people, and the
sum was sent up with the government demand. In 1916 a survey was made of the mills and the mills have
been regarded as Government and the rents are made over to the District Board by the Government. The
supply of the medicines was stopped long ago.

At the time of Becketts settlement it has not been treated like other parganas and a fixed sum is payable
by me as revenue. I have been bestowed absolute powers to exercise over the measured and unmeasured
land of the Taluqa except that of Khaikais and the Taluqa till 1916 was holding the mill rents since
generation only on payment of the fixed sum of revenue.

I therefore pray you to kindly move the government that the mill rents may be given to me as an income
of the Taluqa. For this act of kindness I shall ever remain grateful to you.

I remain, sir,

Yours obediently,

Askote
31.VIII.1933 Sdj.B. Bahadur pal
Rajwar Estate

46
From :

The Deputy Commissioner,

Almora
United Provinces,

To
The Chairman,
District Board,
Almora

No. 507, Date November 30, 1933

Received XVI-9

Subject

Sir,

I have the honour to forward a copy of the Rajwars application for favour of an early report and
to request that it may not be delayed from the next meeting of the Board which would no doubt be
consulted if any change in the existing practice were ultimately contemplated.

I have the honour to be Sir,

Your most obedient servant,

Sd/-

(For Deputy Commissioner,

Almora
30.XI.1933
Enclosure
Copy

R. No. 2546 dated 4.12.33

47
Extract from Kumaon Commissioner letter 792 of 21st Aug., 1879 to the Secretary to N.W. Provinces &
Audh.

8. By the arrangement I propose this __ will be minimised if not prevented altogether at Almora the
males & females are kept _____ & the system has hiverto worked well. There can be no doubt of
the wevisity of capping, this give & I suggest the govt. of India’s be procured for the application
of will suits, recently assigned to irrigation works, ____ houses & sanitary appliances to this will
work. I would recommend that the whole the will suits of both districts, be treated as fund,
equally available for the relief of Garhwal or Kumaon lepers, as the will suits represent small
payment of handputs of ____ make by the people for the privilege of their grave ground & cannot
be considered item of revenue as govt. has nothing to do the building of these small mills of the
money could be more appropriable applied than by assigning it to the viewer before inatitubous
that will be required with affect of checking the progress of this dise while they could afford
relief to those actual afflicter.

9. Under the native govt. legers more burdant to prevent the spread of the disease, no doubt be
______ has become mutually ______ and the imatures I have ______ is the only flat due remedy
I can suggest after having discussed the questions with the respectable natives of the Raguar of
assent & Vella Vhar Shastri, have given up their will suits for this most affect tip the govt. of
India sanctions my in the re.___ will suits I feel confident I can come arrangement so as to afford
great relief at the time much good will be accomplished.

So/ H. Ramsay
Commisioner

Cal. Ramsay’s no. 15 of 1.1.1880 to the __________________________________. The subject of

segregating lepers in runner.

I did not intiou appropriating the whole will suit funds which has been the ____ saving the lives of
hundreds of people ____ from few, but as I cannot attempt to my own views in re-leprosy against the
conclusions of the medical office who discussed the question, _______ not go into in re the will suits
fured, which at present most urgently employed.

So/ H. Ramsay

48
Reference Deputy Commisioner’s No. 507/XVI-9 dated 30th November, 1933. I beg to report as below:

1. Please see G.O. No. 529/1-666 B dated 4th December, 1911 flagged `A’ which gives a complete
history of the imposition of the water mill rents in Kumaon Division. No where in this G.O. is
forthcoming the contribution of the Rajwar Saheb that the mill rents formed part of his revenues
till the year 1916. On the other hand a perusal of para 6 of Col. Ram Say, Commissioner Kumaon
Divion’s No. 792 dated 21st August, 1879 would show that the mill rents should be appropriated
to irrigation works, rest houses and sanitary appliances (as sanctioned in G.O. No. 2634 A dated
2.9.1878) flag `B’.

2. The total income from mill rents in this taluka is Rs. 450/- per annum. We maintain a number of
schools within this taluka besides two dak bungalows and a vaccinator. The annual expenditure as
far as could be ascertained is not less than Rs. 4500/- per annum. The Rajwar Saheb if he
succeeds in getting the income from mill rents to his funds instead of to the Board’s funds I am
afraid will have to meet the cost of education, sanitation, vaccination and public works (road,
bridges & dak bungalows).

3. The Board is in correspondence with the Govt. of establishing a hospital at Dharchula which is
under this taluka. The dispensary if the proposal matures would cost about 2000/- per annum.

4. The Sirkha dispensary which is being run by Rev. Stainer and is assisted through this Board
gives I understand some medical relief to the people of this taluka.

A dak bunglow at Kanalichina in the Rajwar’s Taluka is under construction. Another has just
been completed at Dharchula. It will thus be seen that the Rajwar Sahib has had so far not to bear
any expose for these ____________.

49
No. 2051
From,
Jan. Bahadur Singh Esqr: MA
Chairman
District Board, Almora

To,
The Deputy Commissioner,
Almora,
Dated Almora, the 3rd January, 1934.

Sir,
With reference to your letter No. 307/XVI.9 dated 30th November, 1933 I have the honour to state
that a total ________ from mill rents in the Taluka of is Rs. 450/- PA. The district board maintains No. of
school within this Taluka besides to Dak Bungalows and a vaccinator, leaving aside the maintenance of
roads. The annual recurring expenditure is roughly not less than Rs. 4500/-. per annum. __________ The
board is in correspondence with the Government for establishing a hospital at Dharchula which is under
this Taluka. This would cost about Rs. 2000/- per annum. It may be noted that this dispensary was relief
in Almora ……….drew the most benefit. It was closed own set lately.
The …. Dispensary is ……. Is assisted through than …….. some medical relief to the …….. at
….. in the …….. and another .. just been ……… therefore is seen that ………. Any expense for these
…….. the … of his Taluka. It is therefore …… since that he should come for …….. more the government
that the ………. or … income ………..
water courses and the position of mills he had been obliged to prohibit the construction of its mills
without permission and that meanly way of .., this effectually was by imposing a small tax on existing
mills and an ensuring that the owner of these mills would see that no fresh mills were constructed to
interfere with their profits. The Government of India in their letter No. 103 dated the 19th Feb. 1898,
expressed the opinion that the tax could not legally be demanded unless the persons no take water for
their mills and so not as of right but simply by permission of the Government of which the Commissioner
of Kumaun reported that the mills are worked by permission and can be stopped whenever is desirable in
consequence of danger to cultivation to do so. Officers are made for permissions to erect mills and
sanction is given or refund as appears desirable.
The local Government supported this view in their letter to the Government of India, No. 1659
(a). Of 1878 dated the 13th June and pointed out that as the right of the Government to take the small tax
was not questioned but is admitted by to people doubts as to the legality of what has become an
established costumes are not necessary.
The tax was sanctioned by the Government of India in their letter No. 414, dated the 8th July,
1875, from the department of Revenue, Agriculture and Commercial which has approved of
….Appropriation of the …. … improvements. It was at first sanction for …… 10 years of due extended in
1899 for further period of four years. Ultimately made, …… of 1898 - vide G.O. No.5000/K-543, dated
the 3rd December … the receipt … seven in the commissioner …. Local miscellaneous .. being credited to
district ……
3. When prepared the …. Tax Mr. … anticipated that a …….. as soon as its …. Commissioner or
Commissioner of …… letters are forward herewith – are of ….. when ….. increase in the tax may
reasonally be compared.
As shown above the tax is had conveyed by the provision of any Act but is simply … charges by
Government for the monopolizing use of the water power of his …. It has new been continuously levied
for over 30 years and in the of the Board what ever .. may have reasonably been fault as to its Tegulity
when first imposed can no longer have any force. Adverse customary rights could not now be set up with
any prospect of success.

50
The board are in agreement with the local officers that an enhancement of mill rents may now be fairly
made and do not- anticipate any legal difficulties in the execution or these projects which are therefore
submitted for the approval of Government. On receipt of sanction the Board will arrange the method of
re-assessment in consultation with the local office and will more specially be seen that excessive.
Enhancements are no imposed. The proposals when finally agreed on will be submitted for the sanction of
Government.

True Copy

51
Copy of G.O. No. 945/I-630, dated 4th April 1914, Revenue Department, U.P., to the Board of Revenue,
U.P.
---------------------
In reply to your letter No. 192/I-666B, dated the 7th March 1914, I am directed to say that as
recommended by the Board, the Lieutenant Governor is pleased to delegate to the Commissioner,
Kumaun Division, the power to sanction remission of mill rents whenever necessary.
---------------------
Copy of B.C. No. 323/I-666B
Dated 9th April 1914
Copy, with copy of Board’s address to Government, Bo. 192/I-666B, dated 7th March 1914, forwarded to
the Commissioner of the Kumaun Division, for information, with reference to paragraph 3 of Board’s
order No. 193/I-666b, dated the 7th ultime.
---------------------
Kumaun Commissionership.
No. /XXI-70, dated Naini Tal the 15th April 1914
Copies forwarded to the Deputy Commissioner Almora, for information, in continuation of this office No.
3031/XXI-70, dated 17th March 1914.

Head Assistant
For P. Gyndham, C.S.
Offg. Commissioner

52
Copy of a letter No. 529/1-166B, dated 4th December 1911, from A.W. Pin… Esq. C.S., Joint Secretary to
the Board of Revenue, U.P., to the Chief Secretary to Government, U.P. Revenue Department.
---------
I am directed to submit for the orders of Government the followings proposals for the revision of the rents
charged on water mills in the Kumaun Division.
2. These rents were first introduced by Mr. Beekett in his settlement of the Garhwal District (vide
paragraph 21 of his report on the settlement) and .. subsequently extended to the rest of Kumaun.
Mr. Beckett proposed that they should be shown as sayar and justified their imposition on the
ground that water mills were very profitable and were usually the property of private individuals
who monopolized the water.
General Ram Say in paragraph 67 of his review of this report points out that such rents could not
properly be included in land Revenue and suggested that the amounts thus realized should be
credited to local funds so as to be used for the benefit of the people who contributed them.
The constructor of such a mill was he considered in practice the assertion of a monopoly right in
water and the imposition of a tax was necessary both to prevent disputes and also to ascertain
how many mills existed. The Board of Revenue accepted the view of General Ram Say that rights
in mills should be recognized by the exaction of small rents which would both prevent disputes
and protect the weak against their powerful neighbours. The imposition of tax was accordingly
recommended to the government of India by this Government but the latter in their letter No. 748
dated the 12th October 1877, from the Department of Revenue, Agriculture and Commerce
requested to be reformed to be informs under what law or rule the tax was levied and now long
had been imposed. The Commissioner of Kumaon in his letter No. 4 dated the 16th January 1878
(which was forwarded to the Government with the Board’s letter No. 26/1, dated the 21st
January… explained that in consequence of perpetual disputes.

53
 Government of India
Ministry Of Water Resources

GENERAL GUIDELINES
FOR
WATER AUDIT & WATER CONSERVATION

CENTRAL WATER COMMISSION

EVALUATION OF WATER UTILISATION DIRECTORATE

December 2005
New Delhi
 FOREWARD

Water is a precious natural national resource with almost fixed

quantum of availability. With continuous growth in country’s population,
per capita availability of utilizable water is going down, whereas with
ever-rising standard of living of people, all around rapid
industrialization and urbanization, demand of fresh water is going up
continuously. Unabated discharge of industrial effluents into water
bodies is further aggravating the situation of scarcity of water of
acceptable quality. Inspite of the fact that fresh water is rapidly
becoming scarce it is continued to be used wastefully.

Declaring water conservation a national mission, in June 2003, the

Prime Minister of India, appealed to all countrymen to collectively
address the problem of alarmingly progressive water shortage, by
conserving every drop of water and suggested for conducting water audit
for all sectors of water use.

At the global level, about 60-70 percent of total annual water

consumption is in irrigation sector. In India water use for irrigation
is about 83 percent of current level of total water utilization. Thus
apparently there is ample scope of water saving in irrigation sector.

Central Water Commission has been carrying out performance

evaluation studies of irrigation projects since 8th plan period and has
now taken up initiatives for promoting the concept of benchmarking of
irrigation projects in States and Union Territories since 2002 for
undertaking comparative performance assessment of irrigation projects
across the country and replication of performance of efficient
irrigation projects among under performing projects for increasing the
overall efficiency in irrigation sector.

Water audit is an effective management tool for minimizing losses,

optimizing various uses and thus enabling considerable conservation of
water not in irrigation sector alone but in other sectors of water use
such as domestic, power and industrial as well.

I hope “General Guidelines for Water Audit & Water Conservation”

brought out by the Central Water Commission, Ministry of Water Resources
will serve as a useful reference for undertaking water saving measures
in all sectors of water use and facilitate State Governments to
formulate their own region-specific, project-specific, system-specific
or service-specific guidelines.

(R. Jeyaseelan)
Chairman, CWC
 Contents

CHAPTER-I
WATER AUDIT

1.0 INTRODUCTION 02

1.1 Water Audit 03

1.1.1 Benefits of Water Audit 04

2.0 STEPS OF WATER AUDIT 04

2.1 Water Supply and Usage Study 04
2.2 Process Study 04
2.3 System Audit 05
2.4 Discharge Analysis 05
2.5 Water Audit Report 05

3.0 IRRIGATION 05

3.1 Water Demand 06

3.2 Irrigation Efficiencies 06
3.2.1 Field Application Efficiency 06
3.2.2 Conveyance Efficiency 07
3.3 Water Audit 07
3.4 Implementing Agencies 08

4.0 DOMESTIC 08

4.1 Per Capita Water Requirement 08

4.2 Transmission losses 09
4.3 Water Audit 09
4.3.1 Water Measurement 09
4.4 Water Losses and Follow up 11

5.0 INDUSTRY 12

5.1 Industries in India 12

5.2 Wastewater from Industrial Sources 12
5.2.1 Estimation of Wastewater Generation 13
5.2.2 Estimation of Water Pollution Load 13
5.3 Research and Development 15

6.0 WATER RATE 15

 CHAPTER-II
WATER CONSERVATION

1.0 INTRODUCTION 18
1.1 Action Plan for Water Conservation 19
1.1.1 Conservation of Surface Water Resources 19
1.1.2 Conservation of Ground Water Resources 19
1.1.3 Rainwater Harvesting 19
1.1.4 Protection of Water Quality 20
1.1.5 Cleaning up of polluted Rivers, Lakes 20
1.1.6 Ground Water Protection 21
1.1.7 Recent Attempts for Water Conservation 22
2.0 ACTION POINTS FOR WATER CONSERVATION 22
2.1 Irrigation Sector 22
2.2 Domestic & Municipal Sector 24
2.3 Industrial Sector 24

3.0 REGULATORY MECHANISM FOR WATER CONSERVATION 25

4.0 MASS AWARENESS 25
4.1 Tips for Conserving Water for Domestic and
Municipal Use 27
4.2 Tips for Conserving Water for Industrial Use 28
4.3 Water Users Association (WUA) and Legal Empowerment 29

ANNEXES

A Summary of Recommendations of National Workshop for

Water Audit and Water Conservation Organized at
New Delhi on 30th January 2004 30

B Various proformae as being used by Govt. of

Maharashtra for carrying out Water Audit in
Irrigation Sector 34

C Domestic Water Audit- Assessment of water

Requirement for Residential Units 50

D Domestic and Industrial Water Audit- Assessment

of water losses in industrial/ domestic units 51

E Acknowledgement 52
CHAPTER – I

WATER AUDIT

1
 CHAPTER - I
WATER AUDIT

1.0 INTRODUCTION

Availability of natural resources, particularly land and water,

for people of India is inequitable at global level. Presently, with 2.4
per cent of land and 4 per cent of water resources, India has to support
16 per cent of world’s population and 15 per cent of livestock.

India gets an average precipitation of 4000 billion cubic meters

(BCM) per annum. Precipitation is highly unevenly distributed with
respect to time and space, over the country. As much as 75% of total
average annual precipitation occurs in 4 months of monsoon period. Even
during the monsoon months, about 50% of total annual rainfall takes
place only in 15 days and in less than 100 hrs. As far as spatial
unevenness is concerned, the average rainfall in Meghalaya is 10900 mm,
whereas, in Rajasthan it is as low as 100 mm against the national
average annual rainfall of 1100 mm. On the other hand demand for fresh
water is increasing with every passing day. It is not only due to rapid
population growth alone, but also on account of many other factors such
as rise in per capita water demand arising out of continuous upward
movement of living standards, increased reliance on irrigated
agriculture, massive urbanization and industrialization etc.

As per the present indication, population of the country may

stabilize by the year 2050 at around 1.6 billions. The available
utilizable water resource of the country is considered insufficient to
meet all future needs. Under such a situation, in order to face the
challenge of water deficit, apart from accelerating pace of development
of available utilizable water resources, all out efforts, on the part of
people from every walk of life, would need to be made to conserve every
drop of water and improve efficiency in all areas of water use.

With a view to improving performance of irrigation projects and to

increase productivity per drop of water, “Performance Evaluation Studies
of Irrigation Projects” have been taken up in the country since the
seventies. Central Water Commission started such exercise since the 8th
plan period. So far (till the end of Ninth Five Year Plan) performance
evaluation studies of 110 major and medium irrigation projects from
various regions / states of the country have been successfully
accomplished by the Central Water Commission (CWC), State Governments,
Central Board of Irrigation and Power (CBIP) and Ministry of Water
Resources (MOWR), Govt. of India. Ten irrigation projects have been
identified for undertaking post project evaluation studies in the tenth
five year plan by Central Water Commission. Besides performance
evaluation of irrigation projects, benchmarking of irrigation systems
has also been taken up since 2002. Benchmarking may provide an effective

2
tool for measurement of relative performance of irrigation projects and
suggest ameliorative measures for performance improvement.

Though water audit is not a new concept, yet, no guidelines or BIS

Code for water audit is available in the country. Keeping this in view,
Central Water Commission has taken a lead role to bring out “General
Guidelines for Water Audit”. To consider the views and opinions of
various stakeholders across the country covering Central Government,
State Governments, PSUs, NGOs etc., a national level workshop was
organized on 30.01.2004 at New Delhi. Summary of the recommendations of
the workshop are given in Annex-A.

The “General Guidelines for Water Audit” have been prepared as

conceptual guidelines to cover broadly three main sectors of water use
viz. irrigation, domestic and industrial. The aims and objectives of
these guidelines are to introduce, standardize and popularize the water
audit system for conservation of water in all sectors of water use and
improve the water use efficiency.

As hydro-dynamics and hydrology are stochastic in nature depending

on various surprises, intrinsically each and every project or water
management system is unique in character. Departments, Public Sector
Undertakings (PSUs), Agencies and other such organizations of Central
and State Governments, Non-Governmental Organisations (NGOs) working for
sustainable development of water resources, may formulate comprehensive
guidelines considering state-specific, region-specific and project-
specific needs, based on these conceptual guidelines and keeping in view
local/regional perspectives and aspirations.

1.1 Water Audit

Water audit determines the amount of water lost from a distribution

system due to leakage and other reasons such as theft, unauthorized or
illegal withdrawals from the systems and the cost of such losses to the
utility. Comprehensive water audit gives a detailed profile of the
distribution system and water users, thereby facilitating easier and
effective management of the resources with improved reliability. It
helps in correct diagnosis of the problems faced in order to suggest
optimum solutions. It is also an effective tool for realistic
understanding and assessment of the present performance level and
efficiency of the service and the adaptability of the system for future
expansion & rectification of faults during modernization.

Elements of water audit include a record of the amount of water

produced (total water supply), water delivered to metered users, water
delivered to unmetered users, water loss and suggested measures to
address water loss (through leakages and other unaccounted for water
losses).

3
1.1.1 Benefits of Water Audit

Water audit improves the knowledge and documentation of the

distribution system, problem and risk areas and a better understanding
of what is happening to the water after it leaves the source point. Leak
detection programs help in minimizing leakages and tackling small
problems before they become major ones. These programs lead to (a)
reduced water losses, (b) improved financial performance, (c) improved
reliability of supply system, (d) enhanced knowledge of the distribution
system,(e) efficient use of existing supplies, (f) better safeguard to
public health and property, (g) improved public relations, (h) reduced
legal liability, and (i) reduced disruption, thereby improving level of
service to customers.

2.0 STEPS OF WATER AUDIT

2.1 Water Supply and Usage Study

Water audit comprises of preparation of layout of water sources,

distribution network, service/delivery points to water users and return
flow of waste or excess water. The layout should include locations and
capacities of flow measurement devices installed at key points,
dimensions of pipes and fittings in the water supply system, locations
and particulars of flow control devices and history sheets of all
measuring and control devices including pipes and fittings.

A study of the availability of water sources and past consumption

patterns for various sectors is necessary to understand the present
water utilization and projecting future requirement. Data on
development of sustainable source of water through rainwater harvesting
and effluent recycling should also be taken into consideration.

2.2 Process Study

Flow measurement devices may be installed at all strategic points

so that water losses from various components such as raw water source,
conveyance system from raw water source to treatment plant, from
treatment plant to treated water storage system, treated water storage
system to distribution networks, individual users, etc. could be
assessed at regular intervals. Such studies will also prove useful for
future extension, renovation and modernization of the system.

Water quality of the distribution system needs to be monitored

regularly at strategic points to find out the level and nature of
contaminants present in the supplied water. Depending on the types of
application and degree of purity needed, the treatment system can be
designed and developed. The water distribution system, leakage
assessment etc. will form an integral part of this study.

4
2.3 System Audit

The current water usages and systems for water use under various
sectors such as irrigation, industry and commerce, hydropower, domestic
water supply, thermal power and others need to be studied to check their
operational efficiency and level of maintenance. The scope for any
modification or up-gradation will depend on the status of existing
systems. Measurement methodology from the intake point of the system
through various sub-systems to the ultimate user points needs to be
verified periodically for its suitability, efficiency and accuracy. Bulk
metering should be done at the source for zones, districts etc. and
revenue metering for consumers. This will help in identifying the
reaches of undue wastewater generation.

2.4 Discharge Analysis

The domestic wastewater, return flows from irrigation, and

effluents from the industries need to be studied for conformity to
environment standards, possibility of recovery of valuable by-products
and the opportunity for recycling of waste water.

2.5 Water Audit Report

Adequate planning and standard procedures are necessary prior to

undertaking the water audit of a system. A water audit can be
accomplished on the basis of water allotted for a service and water
actually utilized for that service. After assessing the loss of water
and the efficiency of the system, steps needed for utilization of
recoverable water loss may be listed. A cost-benefit study for optimum
recovery of water loss may be performed. A water audit report may,
invariably, contain:
(a) amount of water earmarked/made available to the service.
(b) amount of water utilized, both through metered and unmetered
supplies.
(c) water loss and efficiency of the system along with reasons for such
water losses.
(d) Suggested measures to check water loss and improve efficiency.

An effective water audit report may be purposeful in detection of

leak in distribution system, taking timely action for plugging such
leaks and thereby reducing conveyance losses of water and improving
efficiency of the system. Water audit of the system should be undertaken
at regular interval of time, at least on an annual basis.

3.0 IRRIGATION

Irrigation is the major consumer of water accounting for about 83

percent of the current level of total water utilization in the country.
It is estimated that with increasing demand from other competing
sectors, the availability of water for irrigation sector is likely to

5
reduce progressively to about 70 percent in future. Irrigated
agriculture is therefore, considered a thrust area for achieving maximum
conservation in water use. Even a marginal improvement in the efficiency
of water use in irrigation sector will result in saving of substantial
quantity of water which can be utilized either for extending the
irrigated area or for diverting the saving to other sectors of water
use.

3.1 Water Demand

In irrigation sector, water demand is region specific depending

upon the type of soil, cropping pattern/practices, climatic condition,
etc. Irrigation water demand also depends upon the type of
infrastructure, conveyance system, water application technique etc.
Among various methods available for working out irrigation water demand,
Modified Penman MethodΨ is considered the most suitable and is
recommended for assessing crop water demand.

As a first step, crop evapotranspiration (Et Crop) is assessed. The

crop water requirement can then be worked out, in consideration of
percolation losses and other requirements like pre-sowing / land
preparation, transplantation requirements etc., as applicable. The
quantity of water actually used by the plants for their growth is termed
as consumptive use. The Net Irrigation Requirement (NIR) is then worked
out by deducting effective rainfall from the consumptive water use. The
effective rainfall may meet only part of crop water demand. It may be
insignificant in arid areas but may be a major portion in humid areas.

3.2 Irrigation Efficiencies

3.2.1 Field Application Efficiency (Ef)

On application of water to fields, a part of it gets evaporated,

another part goes as losses (run off, percolation loss, etc) and the
remaining is used by the crops to meet evapotranspiration needs. Actual
quantity of irrigation water required to be released at field head is
called Field Irrigation Requirement (FIR). Field application efficiency
(Ef) takes into consideration above losses in application of irrigation
water and may be defined as ratio of Net Irrigation Requirement (NIR)
over Field Irrigation Requirement (FIR) i.e. Ef =NIR/FIR

The field application efficiencies considered for Irrigation

Planning for ponded and non-ponded crops are,

(a) Ponded Crops 80% to 85%

(b) Non-ponded crops 65%

Ψ
“A Guide for Estimating Irrigation Water Requirement”, July, 1984 of Water Management
Division, Ministry of Water Resources, New Delhi
6
 The Field Irrigation Requirement can then be estimated as a ratio
of Net Irrigation Requirement and Field Application Efficiency i.e.
NIR/Ef

The actual field application efficiency and total application loss

can also be worked out by taking measurement of the water released at
the field head (Field Irrigation Requirement) and working out Net
Irrigation Requirement (NIR) as discussed above.

3.2.2 Conveyance Efficiency (Ec)

Conveyance Efficiency may be defined as a ratio of water released

at the field head (FIR) to irrigation water needed to be released at the
canal head. The quantity of water required to be released at the canal
head is termed as Gross Irrigation Requirement (GIR).

Therefore, Conveyance Efficiency (Ec) =FIR/GIR

Depending upon the type of distribution system (lined, unlined,

partially lined canal system) the following values for conveyance
efficiency are taken for planning.

(a)For fully lined system 70% to 75%

(b)For partially lined system 65%
(c)For unlined canal system 60%

From the above relationship, Gross Irrigation Requirement

(GIR) = FIR / Ec

The actual conveyance efficiency and actual conveyance loss can be

worked out by taking measurement of the water released at the canal head
(Gross Irrigation Requirement) and that at the field head (Field
Irrigation Requirement).

3.3 Water Audit

As one step ahead of evaluation studies and benchmarking of

irrigation projects, water audit is required to be made applicable to
all irrigation systems. The measurement of water is essential for
calculation of water losses during conveyance in canal and distribution
network and also during application in the field. Some of the methods
that can be used for measurement of actual quantity of water delivered
are (a) Velocity Area Method, (b) Weir Method and (c) Meter Flume
Method.

Complete records of water withdrawn from the reservoir or the river

system and of water that flows through the various branches,
distributaries and other network channels and at outlets as well as
water flowing through escapes are needed to be maintained.
Simultaneously, record of rainfall, crops sown, area irrigated and depth

7
of water provided are also required to be maintained. Actual conveyance
and field application losses and efficiencies of an irrigation system
can be calculated from such records. Various proformae required for
water audit in irrigation system (as are in use by Govt. of Maharashtra)
are given in Annex-B. Further details may be seen in the web site of
Govt. of Maharashtra www.maharashtra.gov.in.

Analysis of the data collected as outlined in the performae will

give the actual conveyance and field application efficiencies. These
efficiencies are to be compared with the planned / achievable
efficiencies to assess the scope for improvement. The corrective
measures need to be taken accordingly.

3.4 Implementing Agencies

State Governments should form Water Audit Cells under Monitoring
Units in their Water Resources Departments. The Project Authorities will
maintain the water account and Monitoring Unit of Irrigation/Water
Resources Departments can be given the responsibility of carrying out
the water audit. The number of projects to be audited by a Water Audit
Cell may depend upon the size of the irrigation projects.
Government of Maharashtra has formed a ‘Water Audit cell’ to carry
out water audit of 1229 projects and issued first report in this regard
in March 2005.The report can be seen in the aforesaid web site of
Government of Maharashtra.
4.0 DOMESTIC
Domestic water is a basic need for human as well as livestock.
The main objective of domestic water supply system is to provide safe
and clean water in adequate quantity at reasonable cost. For
sustainability, the planning may be required at national level as a
whole for policies and subsequently at state or region or at community
levels. Lot of waste water is generated specially in urban areas. It
is estimated that return flow from urban and rural uses is about 50% of
supplies and pollute the very fresh water resources. It is expected
that 85 percent of the return flow would go the surface water source and
balance 15 percent to ground water source. There are considerable
losses in the distribution system on account of leakages due to networks
being old and poor maintenance in addition to lack of efforts towards
conservation.
4.1 Per Capita Water Requirement
The quantity of water required for domestic purposes depends mainly on
habits, social status, climatic conditions and customs of the people.
The per capita water requirement in urban areas is more than that in the
rural areas. As per yardstick of the Union Ministry of Urban Development
& Poverty Alleviation, water requirement for domestic purposes in urban
areas is 40 litres per capita per day (lpcd) in case of supply through
public stand posts and 70 lpcd in the case of supply through house
service connections, where no sewerage system is existing or
8
contemplated. Where sewerage system is existing or contemplated, water
supply would be 135 lpcd in the urban areas. In the case of
metropolitan cities having population of more than 1 million, the
domestic water supply would be 150 lpcd. Over and above the aforesaid
demand, 15% losses may be allowed for determining the quantity of raw
water required.

4.2 Transmission Losses

A study undertaken by the Ministry of Urban Development & Poverty

Alleviation through NEERI, Nagpur has revealed that about 30 to 50% of
the water produced and supplied in the cities goes as waste through
leakages in the distribution system. About 80% of the aforesaid losses
are estimated in the household connections due to worn out pipes etc.
In view of this, the Ministry of Urban Development & Poverty Alleviation
has emphasized the need for control of unaccounted supply of water (non-
revenue water) through leak detection programmes for identifying
leakages and rectifying the same through suitable replacement of
pipelines. A manual containing details of various aspects of O&M of
water supply systems has been brought out by the Ministry of Urban
Development & Poverty Alleviation recently.

4.3 Water Audit

In domestic water supply, water audit is considered very important,

since treatment of water to bring it to drinking water standard costs a
lot of money to the supplier. Water audit helps in determining the
amount of water lost from a distribution system due to leakages etc.
Water audit compares the amount of water supplied with the amount billed
and accounts for the water loss.

4.3.1 Water Measurement

For the purpose of water audit, bulk metering system should be

devised zone-wise, including group-consumer-wise in a system or a sub-
system. This will facilitate identification of the reaches where
actually the wastage of water is taking place.

One can determine average daily water use by using one of the
following two methods.

(a) Metered Water: In the case of metered water use, per capita per day
consumption is to be obtained by dividing water usage by the number
of days in the billing period and also by the number of residents
of household.

(b) Unmetered Water: If water use is not metered, one must determine
water use for each fixture. Flow rates for showers and faucets can
be determined by using a container and stop watch to measure the
amount of water discharged through the fittings in a minute. Toilet

9
 use per flush can be approximated by the capacity of the flushing
tank. After determining the water use of each fixture, one will need
to record the number of uses/ the length of time each fixture is
used to determine average daily water use. Alternately, legitimate
unmetered consumption can be worked out based on average domestic
(metered) consumption per capita per day for consumers having
similar water use habits plus an allowance for unmetered commercial
consumption. A sample proforma for assessing water requirement for
residential units is at Annex-C.

A worksheet, similar to an accounting spreadsheet, should be

developed. Such an exercise makes the computations clear and simple and
allows the utility to balance water supplied with water used. For
balancing water in and out of the distribution system, the worksheet
should list and account for various water usages. Worksheet may have
adequate details of the distribution system. A more detailed worksheet
will provide better understanding of the water usage and could be a
useful tool for the service provider.

Distribution system characteristics vary and hence, each utility

will have different challenges in performing the water audit. Each
utility will need to decide how it can perform the audit accurately with
the least cost. A worksheet should be developed, with a set study
period. A study period should be set considering evaluation of the
complete water system. Shorter periods might not give a complete picture
of the water system, and longer periods can be difficult to manage. One
year is recommended because it includes all seasons and gives enough
time to eliminate the effect of meter reading lag.

Once the study period has been set and a worksheet has been
developed, the audit can be conducted. A set of model forms and
instructions may be included that can be used if the utility does not
choose to develop one. Records should be compiled and meters should be
checked so that usages are recorded accurately. Once usages are
computed, the worksheet should then be filled in, and water delivered
should be balanced with water used. Unmetered uses should be documented
along with the methods to quantify them. An attempt to account for water
loss should be made. Based on the findings of the audit, options should
be developed to reduce water losses.

While making adjustments to metered amounts, all adjustments and

how they were calculated should be properly documented. All records
should reflect adjustments and such adjustments should be verifiable. If
adjustments are for significant amounts of water then necessary changes
in the system should be made to eliminate need for such adjustments in
the future. Adjustments could be known from the difference between
storage in system at the beginning and that at the end of the study
period. Some difficulty might be there in adjusting existing records to
fit the study period. When meter-reading periods overlap, some
adjustments will be necessary to represent the study period. Some flow

10
records might have to be pro-rated so that all flow measurements reflect
the same period. This should be done carefully to ensure the accuracy of
the audit.

A preliminary audit should be undertaken to determine the amount of

water loss. If water loss is significant, a more detailed study should
be undertaken and accordingly measures should be taken to reduce the
loss. A sample proforma for assessing water losses in
domestic/industrial units is given as Annex-D.

In addition to the above, a more thorough or comprehensive audit

would include the following:
(a) An inventory of meters
(b) Analysis of water loss and methods to reduce the loss
(c) Periodic checking for accuracy of meters

Inventory of meters may contain details such as types, sizes, and

age of meters in the distribution system. This will help in estimating
the accuracy of the meters in a system on wide scale. This can
supplement the water usage information and show usage patterns in the
distribution system. It will also help any meter replacement program and
cross-connection control program. Possible corrective measures include
leak detection programs, meter replacement or installation programs, and
conservation programs. Factors to be considered for corrective measures
may include:

(a) Where the losses occur

(b) How much loss is in each problem area
(c) What possible solutions exist
(d) Cost of the solutions, and
(e) Time to implement the solutions

It will be important to verify records and check meter accuracy, as

these will affect the accuracy of the audit. Records should be checked
carefully to make sure that units are correct, all measurements are
included, measurements represent the same time period, and that
calculations are correct.

4.4 Water Losses and Follow up

There are two types of losses, real and apparent losses. Real loss
includes water lost through leakages in distribution systems, service
connections, and storage tanks (including overflow). Apparent loss
includes meter and record inaccuracies and unauthorized water uses such
as theft and unauthorized connections. Unauthorized/Unmetered uses can
be considered a special type of water loss and they can also represent
lost revenue and therefore they should be estimated carefully.

If the unaccounted or unmeasured water loss is beyond permissible

limit, it is recommended to prepare a plan within a reasonable time

11
period outlining steps necessary for further identification and
reduction of water losses. Such steps may include initiating or
expanding leak detection and repair program or eliminating unmetered
accounts. Cost benefit analysis should be conducted to choose the right
option. If future annual audits continue to show unmeasured water loss
greater than the permissible limit, the plan for reducing water losses
should be updated.

Long term follow up should include updating the audit, reducing

loss and checking meters. After the first audit, areas where data is
lacking should be identified and addressed. Subsequent audits should
provide greater accuracy and reduction of water losses.

5.0 INDUSTRY

Growing population and rising standard of living of people are

pushing up demand for quality industrial products at phenomenal pace.
Thus the industrial requirement for water is increasing day by day. As
one of the large users of this precious resource, industry has an
important responsibility to practice water audit. Industries can realize
many benefits from the practice of water audit. By reducing consumption
of water, industries will only effect saving but also protect the
environment.

Industrial effluents constitute a major source of polluted water

and contain different kinds of toxic pollutants. Treatment of
industrial waste water is necessary to lower the concentration of toxic
pollutants to permissible limits. With the quality of water becoming
poor, availability of fresh water being scarce and statutory
environmental regulations becoming more stringent, optimization in use
of water calls for a closer monitoring by industrial sector.

5.1 Industries in India

As per Central Statistical Organization (CSO), there are about 32
lakhs industries in India in the year 1998-99, out of which 1,35,551 are
registered manufacturing industries. Remaining industries are, in
general, service industries like taxi stands, restaurants, hotels,
cafes, computer services, training institutes, shops, beauty parlours,
tailoring etc. As per the latest inventory of Central Pollution Control
Board, there are about 8432 large and medium polluting industries in
India. The number of small-scale industries, which are polluting cannot
be ascertained due to many reasons. Most of them are located in
unplanned areas and in an unsystematic manner. Such industries are
located even in residential areas. A large number of them are not even
registered.

5.2 Wastewater from Industrial Sources

In pace with the rise in industrial water requirement, wastewater

from industries is also going up continuously. Discharge of effluents
12
from the industries to water bodies pollutes enormously larger quantity
of fresh water. Thus apart from taking measures for saving of water in
industrial sector, apparently, there is a need for serious efforts to
treat industrial effluents before their discharge to water bodies.

5.2.1 Estimation of Wastewater Generation

It is difficult to assess wastewater generation from industries on

the basis of average generation of wastewater per product unit, mainly
due to large variations in volume of wastewater generation per product
unit. However owing to various constraints, present estimation of
industrial wastewater is based on average generation of wastewater per
unit product.

The volume of wastewater and concentration of various pollutants in

industrial discharge vary depending on manufacturing processes and other
factors such as housekeeping, reuse, technology, etc. Even for a given
manufacturing process, the amount of wastewater generation depends on
several factors, for instance:

(a) House keeping practices;

(b) Extent of process control;
(c) Product quality requirements including packaging;
(d) Management systems & initiatives;

Housekeeping practices refer to simple measures such as arresting

leaks from pipes, stopping of unnecessary overflows from the vessels,
improving material handling procedures to reduce losses. Poor
housekeeping results in significant generation of wastewater. Process
control includes setting up of process parameters to optimum levels
leading to best possible yields and minimum wastage of water. Product
quality requirements refer to commercial specifications, which may vary
depending on market. Achieving better quality generally requires
additional processing and improved raw materials and thus may generate
more wastes. The management systems include entire sequence of raw
material processing, technology and production of finished product.

The emphasis on curtailing wastage in handling and improvement in

operation processes through better management can lead to minimization
of wastes. Since all these factors vary from industry to industry and
unit to unit, it is very difficult to precisely estimate the exact
volume of wastewater. However, based on experience an average volume per
unit product for a particular product can always be assessed.

5.2.2 Estimation of Water Pollution Load

The liquid waste generated by industrial sector can be classified

into four categories as presented in the following table.

13
 Classification of Industrial Discharge
According to Nature of Pollutants

Nature of pollutants Type of industries

Organic pollution Distillery, Sugar, Tannery, Pulp and

Paper, Dairy, Coke-oven, Refinery and
Food industry
Dissolved solids Chemical industry, Fertilizer,
Pharmaceutical, Pesticides
Toxic chemicals Electroplating, Coke-oven, Tannery,
Chemical industry, Pesticides,
Pharmaceuticals, H-acid, G-acid plants,
Dye and Dye intermediates
Cooling water Thermal Power Plants, Cable, Rolling
Mills, PVC and plastic mounting

The total wastewater generated from all major industrial sources is

82446 million litres per day (MLD), which includes 68977 MLD of cooling
water from thermal power plants. Out of the remaining 13469 MLD of
wastewater, thermal power plants generate another 3242 MLD as boiler
blow down water and waste-water from ash disposal. Process water and
cooling water constitute 16% and 84% respectively of industrial waste
water generation in India. Large & Medium Industries and Small Scale
Industries generate 62% and 38% of Industrial Waste water (Process
Water) respectively.

The following table shows industrial wastewater (process water)

under various categories of industries.

Sl. No. Category of Industry Waste Water generation in %age

1. Thermal Power Plants 24
2. Pulp and Paper 14
3. Engineering 32
4. Textile (Cotton) 13
5. Steel 8
6. Others 9

Under small-scale category, the significant polluting industries

are electroplating industries. The control of pollution from
electroplating industries is not very effective as many of these
industries are located in congested residential areas where land is not
available for treatment of wastewater.

From pollution point of view, the major pollution in terms of

organic load is generated from distilleries followed by paper mills.
14
Since the distilleries generate highly concentrated wastewater, it is
not easy to treat such wastewater. Despite the efforts on treatment of
distillery waste, the targeted effluent quality is not achieved. The
paper and board mills also generate heavy organic pollution load. A
large number of paper mills are in small-scale sector, making it again
difficult to manage the effluents, creating heavy pollution in many
areas.

The industries generating chemical pollution can be divided into

two categories- (a) those which generate high total dissolved solids
(TDS) bearing wastes e.g. pharmaceuticals, rayon fibres, chemicals,
caustic soda, soap and detergents, smelters’ wastes, etc, (b) those
which generate toxic wastes e.g. pesticides, smelters’ wastes, inorganic
chemicals, organic chemicals, steel plants, pharmaceuticals and
tanneries’ discharges, etc.

5.3 Research and Development

While water audit is a common and accepted practice

internationally, it has started drawing the attention in India,
recently. Many industrial units have taken up such studies from economic
point of view for improvement in efficiency (including improvement in
efficiency of water use) and exploring possible areas of cost-savings.
With water becoming more and more a valuable resource with every passing
year, the need for water audit is bound to get increasing attention. The
research efforts in industrial sector for water audit are required with
orientation towards the following-

(a) Appropriation of technology to ensure efficient use of cooling and

processed water;
(b) Development of pollution control mechanism;
(c) Development of appropriate cost effective technologies for
treatment of wastewater for reuse;
(d) Development of cost effective technologies for recycling of water;

6.0 WATER RATE

Instead of uniform water rate for all sectors of water use, there
may be different water rates for different sectors of water use in
consideration of priority of water allocation advocated in the National
Water Policy. Water rate for domestic water use may be minimum, followed
by water rates for irrigation, power and industrial sectors in ascending
order. Even under one sector of water use, various slabs of water rate
may be decided to effort economy in water use. For instance in the case
of domestic water use, a standard rate may be fixed for domestic water
consumption as per prescribed norms. In the event of consumption per
capita per month being less than the prescribed norms, a concession may
be offered as an incentive to the consumers. Similarly, for higher
levels of monthly water consumption different enhanced rate slabs may be
thought of as is being practiced in energy sector to discourage misuse
15
of water and effect water saving. Introduction of such a slab system of
water rate in irrigation sector, apart from effecting water saving, may
be considered as a deterrent for over-watering in head and middle
reaches and thus may be helpful in equitable distribution of water
between head, middle and tail reaches of an irrigation command. Such an
idea may be extended to power and industrial sectors of water use as
well. With such an approach of water rate, apart from saving in water
use, discharge rate of industrial effluents is also expected to fall.
Detailing of slab rate system for water use may be finalized at State
level.

At present, water rates do not even cover O&M costs leading to very
poor maintenance and low efficiency in water use.

16
 CHAPTER – II

WATER CONSERVATION

17
 CHAPTER –II
WATER CONSERVATION
1.0 INTRODUCTION

Rapid industralisation and urbanization coupled with continuous

decline in per capita water availability is putting a lot of pressure on
the available water resources in the country. As per report of standing
sub-Committee for assessment of availability and requirements of water
for diverse uses in the country (August, 2000) the future water
requirements for meeting the demands of various sections in the country
for the year 2025 and 2050 have been estimated to be 1093 BCM and 1447
BCM respectively. The increasing gap between water availability and
demand highlights the need for conservation of water. The National
Water Policy 2002 also lays stress on conservation of water. It has
been stipulated that efficiency of utilization in all the diverse uses of
water should be optimised and an awareness of water as a scarce resources
should be fostered.

There is a need for water conservation, not only to restore the

fast deteriorating eco-system of the country but also to meet the
inevitable emergency of shortage even for drinking and domestic water in
near future. The following points are to be pondered upon to plan
strategies to meet the crisis:-

1. Water is a finite resource and cannot be replaced/ duplicated.

2. Water resources are theoretically "renewable" through hydrological
cycle. However, what is renewable is only the quantity,
but pollution, contamination, climate change, temporal and
seasonal variations have affected the water quality and reduced
the amount of "usable water".
3. Only 2.7% of the water on earth is fresh.
4. As per Ministry of Rural Development, 182 districts (972
blocks) comprising an area of 7,45,914 sq.km have been covered
under ‘Drought Prone Areas Programme’.
5. About 310 blocks in the country are over-exploited where
ground water is withdrawn more than its replenishment from rainfall.
6. The ground water levels have declined by more than 4 meters in
40 districts of 16 states in the country during last decade.
7. Rainfall is highly unevenly distributed over time and space in
various parts of the country.
8. About 87.2 Billion Cubic Metre (BCM) of surplus monsoon runoff is
available in 20 river basins of the country, out of which 21.4
BCM can be recharged to ground water reservoirs.
9. Increased demand in coastal areas is threatening the fresh water
aquifers with seawater intrusion.
10. In inland saline areas, the fresh water is becoming saline due to
excessive withdrawal of ground water.
11. Water conservation practices in urban areas can reduce the demand
as much as by one third, in addition to minimizing pollution of
surface and ground water resources.
18
12. Watershed programmes tended to concentrate on harvesting rainwater
through surface structures. There is a need to look at surface and
ground water holistically and prepare a conjunctive use plan.

1.1 Action Plan for Water Conservation

1.1.1 Conservation of Surface Water Resources

A large number of dams have been constructed in the country to

store rainwater. At the end of IX Plan, 4050 large dams creating live
storage capacity of 213 BCM have been constructed and 475 large projects
are on going, which will add another 76 BCM on completion. Projects under
consideration will add another 108 BCM of storage.

All efforts have to be made to fully utilize the monsoon runoff

and store rainwater at all probable storage sites. In addition to
creating new storages it is essential to renovate the existing tanks and
water bodies by desilting and repairs. The revival of traditional water
storage techniques and structures should also be given due priority.

1.1.2 Conservation of Ground Water Resources

Groundwater is an important component of hydrological cycle. It

supports the springs in hilly regions and the river flow of all
peninsular rivers during the non-monsoon period. For sustainability of
ground water resources it is necessary to arrest the ground water
outflows by

(a) Construction of sub-surface dams

(b) Watershed management.
(c) Treatment of upstream areas for development of springs
(d) Skimming of freshwater outflows in coastal areas and islands.

1.1.3 Rainwater Harvesting

Rainwater harvesting is the technique of collection and storage of

rainwater at the surface or in sub-surface aquifers, before it is lost as
surface runoff. Ground water augmentation through diversion of rainfall
to sub-surface reservoirs, by various artificial recharge techniques, has
special relevance in India where due to terrain conditions most of the
rain water is lost as flash floods and local streams remain dry for most
part of the year. Central Ground Water Board has identified an area of
about 4.5 lakhs sq. km in the country, which shows a declining trend in
ground water levels and needs urgent attention to meet the growing needs
for irrigation, industry and domestic purpose. It is estimated that in
these identified areas of water scarcity, about 36.1 BCM of surplus
monsoon surface runoff is available which can be fruitfully utilized to
augment the ground water resources. A twin strategy of adopting simple
artificial recharge techniques in rural areas like Percolation Tanks,
Check dams, Recharge Shafts, Dugwell Recharge and Sub-surface dykes and
adopting Roof top rainwater harvesting in urban areas, can go a long way
in redeeming the worsening situation of shortage of groundwater.
19
About 2.25 lakhs artificial recharge structures in rural areas and about
37 lakhs Rooftop rainwater harvesting structures in the cities are
feasible. The design and viability of various low cost structures have
been demonstrated by CGWB by undertaking 174 schemes throughout the
country during Ninth Five Year Plan under the Central Sector Scheme
"Study of Ground water Recharge”. Rainwater harvesting has to be taken
up in a big way to solve the crisis of water scarcity.

Uncovered areas, particularly in urban and semi-urban localities,

are continuously diminishing due to phenomenal pace of industrialization
and urbanization and massive use of concrete all around in the country.
This phenomenon is constantly causing reduced scope for percolation of
rain waters to the ground during monsoon and thus perpetual reduction in
ground water recharge year after year. With a view to offset this loss
in recharge of groundwater there is apparent need for making roof
rainwater harvesting mandatory, either through legislation or by
promulgating ordinance, for every public as well as private new and
existing buildings in urban and semi-urban areas within specified time
frame. Apart from this, harvesting of surface runoff in open areas, both
public and private, may also need to be encouraged.

1.1.4 Protection of Water Quality

The rapid increase in the density of human population in certain

pockets of the country as a result of urbanisation and industrialization
is making adverse impact on the quality of both surface and ground water.
Demand for water is increasing on one hand and on the other hand the
quantity of "utilizable water resources" is decreasing due to human
intervention in the form of pollution of fresh water. Thus the protection
of existing water resources from pollution is a very vital aspect of
water conservation.

1.1.5 Cleaning up of Polluted Rivers, Lakes and Water Bodies

Rivers, lakes and ponds and other water bodies are the main sources
of water on which civilization grows and develops. Water bodies get
polluted as a result of human interference and unplanned developmental
activities. The main reason for pollution is discharge of untreated
domestic and municipal waste and also the industrial waste. The
cleaning up of these water bodies is of utmost importance to provide water
supply to the population on the one hand and on the other hand to maintain
the environment to the desired level. The action points in this regard are
as follows:-

1. To control and check the flow of pollution to the rivers, lakes

and ponds through appropriate measures/action.
2. Treatment of effluent upto the appropriate standard before
discharging into the rivers.
3. Proper maintenance and uninterrupted operation of the sewage
treatment plant

20
4. System of incentive and dis-incentive for discharging pollutants /
untreated waste into the rivers.
5. Adopting remedial measures in the particular river stretch where the
problem is acute;
6. Adopting appropriate technology for removal of pollution from
lakes and reservoirs
7. Declaring particular site/location as water heritage site and
adoption by different organizations / departments for maintaining
the same to the desired standard.

On account of continuous discharge of industrial effluents in water

bodies like rivers, canals, lakes, ponds etc and contamination of ground
water aquifers with pullulated waters, these water bodies at places have
become polluted to an enormous extent and apparently huge financial
resources are needed for decontaminating them. This suggests for taking
stringent measures like imposition of huge penalty for abusing such
water bodies, cancellation of license or permission for operation of
water polluting industrial units. Pollution Control Boards at Central
and State levels may be provided legal powers through legislation to
deal with such delinquent agencies and industrial units. Sensitizing
general public and involvement of non-governmental organizations with
requisite experience and interest in implementation of legislation for
control of pollution of water bodies may also prove useful and
effective. Media has also a very vital role to enact by way of
highlighting lapses on the part of individuals and industrial units.

Traditionally, in India, rivers are revered as Goddess. With time,

such a feeling has started diluting. People, particularly young
generation, may be inculcated to bestow respect to rivers and other
water bodies to strengthen this traditional belief of sacred status of
rivers and streams and maintain their aesthetic values through mass
awareness.

1.1.6 Ground Water Protection

Ground water resources are getting polluted at an alarming pace due

to lack of proper wastewater and sewerage disposal system in urban areas.
The application of excessive fertilizers in agriculture sector and
disposal of hazardous effluents from the industries are putting great
strain on availability of fresh water. The action points to safeguard the
water bodies may be as follows:-

1. Use of organic fertilizers should be encouraged to protect ground

water from pollution due to excessive use of chemical fertilizers.
Ground water vulnerable zones may be identified by preparing
vulnerability maps for physical, chemical and biological
contaminants for the whole country.
2. Notification on banning industries, landfills and disposal sites
of industrial effluents and sewerage, which are hazardous to ground
water aquifer systems.

21
3. Devising ground water solute transport model for contaminants
plume migration studies.
4. Research and Development studies for corrective action techniques
on polluted aquifers.

1.1.7 Recent Attempts for Water Conservation

(a) The Madhya Pradesh Government implemented watershed development under

Rajiv Gandhi Watershed Mission. In the initial phase beginning with
1994, the objective of the programme was to arrest degradation of
resources that were critical to peoples’ livelihood. The programme
evolved over a period of time and culminated in the year 2001 as “Pani
Roko Abhiyan”. It was a peoples’ movement, which was backed by financial
commitment and technical support of the Government. The resources
available from the Government for drought relief were placed at the
disposal of the community, which took up programmes for water harvesting
and water conservation in a decentralized manner. The programme was so
successful that 14 districts, which were not covered under the drought
relief programme in 2001, were also enabled through the banking channels
to take up “Pani Roko Abhiyan”.
(b) PRADAN, a NGO has adopted this strategy in Jharkhand. Under the Indo-
German Bilateral Watershed Project, it seeks to promote livelihood
improvement through water harvesting. It is an innovative and simple
technique of collecting rainwater in a two-meter deep pit in 5 per cent
of the total area of the plot. PRADAN provided assistance and guidance
to the villagers for construction of farm tanks. The farmers have been
able to harvest two crops from the same land due to the availability of
water in the field tanks. It would appear that harvesting of water in
every plot could be a possible option for rainwater conservation. This,
however, ignores the close link between stabilization of water channels,
even in the plain areas. This problem would be more acute in areas with
higher slopes as without treating the upper reaches the soil erosion
would continue to be rampant and would require de-silting of ponds every
second or third year.
(c) The Government of Gujarat has adopted rainfall harvesting technique by
constructing small check dams in water deficit areas. Farmers are also
coming forward to adopt this methodology. Other states may undertake
similar water conservation measures.

2.0 ACTION POINTS FOR WATER CONSERVATION

An important component of water conservation involves minimizing

water losses, prevention of water wastage and increasing efficiency in
water use. "Resource saved is resource created" should be kept uppermost
in mind. The action points towards water conservation in different
sectors of water use are listed below:

2.1 Irrigation Sector

Important action points towards water conservation in the

irrigation sector are as follows:

22
1. Performance improvement of irrigation system and water utilization;
2. Proper and timely system maintenance;
3. Rehabilitation and restoration of damaged /and silted canal systems
to enable them to carry designed discharge;
4. Selective lining of canal and distribution systems, on techno-
economic consideration, to reduce seepage losses;
5. Restoration / provision of appropriate control structures in the
canal system with efficient and reliable mechanism;
6. Conjunctive use of surface and ground water to be resorted to,
specially in the areas where there is threat to water logging;
7. Adopting drip and sprinkler systems of irrigation for crops, where
such systems are suitable;
8. Adopting low cost innovative water saving technology;
9. Renovation and modernization of existing irrigation systems;
10. Preparation of a realistic and scientific system operation plan
keeping in view the availability of water and crop water
requirements;
11. Execution of operation plan with reliable and adequate water
measuring structures.
12. Revision of cropping pattern in the event of change in water
availability;
13. Utilisation of return flow of irrigation water through appropriate
planning;
14. Imparting trainings to farmers about consequences of using excess
water for irrigation;
15. Rationalization of water rate to make the system self-sustainable;
16. Formation of Water Users Associations and transfer of management to
them;
17. Promoting multiple use of water;
18. Introducing night irrigation practice to minimize evaporation loss;
19. In arid regions crops having longer root such as linseed, berseem,
lucerne guar, gini grass, etc may be grown as they can sustain in
dry hot weather;
20. Assuring timely and optimum irrigation for minimizing water loss
and water-logging;
21. Introducing rotational cropping pattern for balancing fertility of
soil and natural control of pests;
22. Modern effective and reliable communication systems may be
installed at all strategic locations in the irrigation command and
mobile communication systems may also be provided to personnel
involved with running and maintenance of systems. Such an
arrangement will help in quick transmission of messages and this in
turn will help in great deal in effecting saving of water by way of
taking timely action in plugging canal breaches, undertaking repair
of systems and also in canal operation particularly when water
supply is needed to be stopped due to sudden adequate rainfall in
the particular areas of the command.
23. With a view to control over irrigation to the fields on account of
un-gated water delivery systems, all important outlets should be

23
 equipped with flow control mechanism to optimize irrigation water
supply.
24. As far as possible with a view to make best use of soil nutrients
and water holding capacity of soils, mixed cropping such as cotton
with groundnut, sugarcane with black gram or green gram or soyabean
may be practised.
25. It has been experienced that with scientific use of mulching in
irrigated agriculture, moisture retention capacity of soil can be
increased to the extent of 50 per cent and this in turn may
increase yield up to 75 per cent.

2.2 Domestic & Municipal Sector

Important action points for water conservation in domestic and

municipal sector are as under:-

1. Action towards reduction of losses in conveyance;

2. Management of supply through proper meter as per rational demand;
3. Intermittent domestic water supply may be adopted to check its
wasteful use.
4. Realization of appropriate water charges so that the system
can be sustainable and wastage is reduced;
5. Creation of awareness to make attitudinal changes;
6. Evolving norms for water use for various activities and
designing of optimum water supply system accordingly;
7. (a) Modification in design of accessories such as flushing system,
tap etc. to reduce water requirement to optimal level;
(b) Wherever necessary, BIS code may be revised;
8. (a)Possibility for recycling and reuse of water for purposes
like gardening, flushing to toilets, etc. may be explored;
(b) Wastewater of certain categories can be reused for other
activities as per feasibility;
9. Optimum quantity of water required for waste disposal to be worked
out;
10. In public buildings the taps etc. can be fitted with sensors to
reduce water losses;
2.3 Industrial Sector
Important action points for water conservation in industrial
sector are given below:-

1. Setting-up of norms for water budgeting;

2. Modernization of industrial process to reduce water requirement;
3. Recycling water with a re-circulating cooling system can greatly
reduce water use by using the same water to perform several cooling
operations;
4. Three cooling water conservation approaches are evaporative cooling,
ozonation and air heat exchange. The ozonation cooling water approach
can result in a five-fold reduction in blow down when compared to
24
 traditional chemical treatment and should be considered as an option
for increasing water savings in a cooling tower.
5. The use of de-ionized water in reusing can be reduced without
affecting production quality by eliminating some plenum flushes,
converting from a continuous flow to an intermittent flow system
and improving control on the use.
6. The reuse of de-ionized water may also be considered for other
uses because it may still be better than supplied municipal water.
7. The wastewater should be considered for use for gardening etc.
8. Proper processing of effluents by industrial units to adhere to
the norms for disposal;
9. Rational pricing of industrial water requirement to ensure
consciousness / action for adopting water saving technologies;

3.0 REGULATORY MECHANISM FOR WATER CONSERVATION

Groundwater is an unregulated resource in our country with no

price tag. The cost of construction of a groundwater abstraction
structure is the only investment. Unrestricted withdrawal in many areas
has resulted in decline of groundwater levels. Supply side management
of water resources is very important for conserving this vital
resource for a balanced use. An effective way is through energy pricing
restriction on supply and providing incentives to help in conservation
of water. Action plan, in this regard, may include the following:-

1. Rationalizing pricing policy of water in urban and rural areas.

Industries should be discouraged to exploit ground water with high
price slabs.
2. Restriction on new construction of ground water structures in all
the over exploited and dark blocks of the country;
3. Metering of all ground water abstraction structures;
4. Controlled supply of electricity and downsizing of pump capacity in
rural areas;
5. Regulating the water trading or selling;
6. Providing incentives for adoption of rainwater harvesting;
7. Modification in building bye-laws in urban areas to make it mandatory
to adopt rainwater harvesting. Action has been initiated by Delhi,
Andhra Pradesh, Gujarat, Haryana, Karnataka, Kerala, Maharashtra,
Rajasthan, Tamil Nadu and Uttar Pradesh in this respect. Other States
are required to take initiatives in this regard.

4.0 MASS AWARENESS

Water conservation is a key challenge, which requires public

participation. Mass awareness on the need for water conservation and
providing common tips to effectively participate in this important
mission is need of the time. The simple information on typical use of
water for domestic purpose and how to save water under this sector, as
given below, may help in creating awareness.

25
 Typical Use of Water

Drinking 4%
Cooking & other kitchen uses 8%
Personal hygienic 29%
Washing clothes 10%
Toilets flushing 39%
House cleaning/gardening etc. 10%

Saving of Water

What we do What should be done Saving of water

Bathing with Shower Bathing with Bucket 18 82 litre
100 litre litre
Bathing with running Bathing with Bucket 18 22 litre
water 40 litre litre
Using old style flush Using new style flush 14 litre
in Latrines 20 litre 6 litre
Shaving with running Shaving by taking 9 Litre
water 10 litre water in mug 1 litre
Brushing teeth with Brushing teeth by 9 Litre
running water 10 litre taking water in mug
1 litre
Washing clothes Washing clothes with 80 litre
with running water bucket 36 litre
116 litre
Washing Car with Washing car with wet 82 litre
running water 100 litre cloth 18 litre
Washing floor with Washing floor with wet 40 litre
running water (15'x cloth 10 litre (per 150 sq.ft. area)
10') 50 litre
Washing hands with Washing hands with 9.5 litre
running tap 10 litre. mug 0.5 litre

Electronic and print media, posters, stickers, handbills, etc may

be used liberally to inculcate sense of responsibility and belongingness
for precious natural resource water among various sections of society.
Small documentary films, in regional languages, on importance of water
and techniques to be adopted for water saving and water conservation may
be telecast periodically from regional television channels to create
awareness among countrymen particularly people living in rural areas.

26
4.1 Tips for Conserving Water for Domestic and Municipal Use

• Timely Detection and repair of all leaks;

• Turning off water tap while brushing teeth;
• Use of mug rather than running water for shaving;
• Avoiding / minimising use of shower/bath tub in bathroom;
• Turning off faucets while soaping and rinsing clothes;
• Avoiding use of extra detergent in washing clothes;
• Using automatic washing machine only when it is fully loaded;
• Avoiding use of running water while hand-washing;
• Avoiding use of running water for releasing ice tray ahead of
time from freezer;
• Using smaller drinking glasses to avoid wastage;
• Using over flow stop valve in the overhead tanks to check over
flow of water;
• Turning off the main valve of water while going outdoor;
• Avoiding use of hose for washing floors; Use of broom may be
preferred;
• Minimizing water used in cooling equipment by following
manufacturer’s recommendations;
• Watering of lawn or garden during the coolest part of the day
(early morning or late evening hours) when temperature and wind
speed are the lowest. This reduces losses from evaporation.
• Avoiding use of excess fertilizers for lawns in view of the
fact that application of fertilizer increases the requirement
of water in addition to polluting the groundwater.
• Planting of native and/or drought tolerant grasses, ground
covers, shrubs and trees. Once established, they do not need
to be watered as frequently and they usually survive a dry
period without much watering.
• Grouping of plants based on water needs while planting them;
• Turning off water tap a little before watering time so as to
use full water available in hose;
• Avoiding over watering of lawns. A good rain eliminates the need
for watering for more than a week.
• Setting sprinklers to water the lawn or garden only, not the
street or sidewalk;
• Avoiding installation or use of ornamental water features unless
they recycle the water and avoiding running them during drought or
hot weather;
• Installation of high-pressure, low-volume nozzles on spray
washers;
• Replacement of high-volume hoses with high-pressure, low-volume
cleaning systems;
• Equipping spring loaded shutoff nozzles on hoses;
• Installation of float-controlled valve on the make-up line,
closing filling line during operation, provision of surge tanks
for each system to avoid overflow;
• Adjusting flow in sprays and other lines to meet minimum
requirements;

27
• Washing vehicles less often, or using commercial car wash that
recycles water;

In case of big establishments like hotels, large offices and

industrial complexes, community centers, etc. dual piped water supply
may be insisted upon. Under such an arrangement one supply may carry
fresh water for drinking, bathing and other human consumptions whereas
recycled supply from second line may be utilized for flushing out human
solid wastes. This may be made mandatory.

Similarly, water harvesting through storming of water runoff

including rainwater harvesting in all new building on plots of 100 sq. m
and above may be made mandatory.

4.2 Tips for Conserving Water for Industrial Use

• Using fogging nozzles to cool product;

• Installing in-line strainers on all spray headers; regular
inspection of nozzles for clogging;
• Adjusting pump cooling and water flushing to the minimum required
level;
• Determining whether discharge from any one operation can be
substituted for fresh water supply to another operation;
• Choosing conveying systems that use water efficiently;
• Handling waste materials in a dry mode wherever possible;
• Replacing high-volume hoses with high-pressure, low-volume
cleaning systems;
• Replacing worn-out equipments with water-saving models;
• Equipping all hoses with spring loaded shutoff nozzles – it should
be ensured that these nozzles are not removed;
• Instructing employees to use hoses sparingly and only when
necessary;
• Turning off all flows during shutdowns unless flows are essential
for cleanup - using solenoid valves to stop the flow of water when
production stops (the valves could be activated by tying them to
drive motor controls);
• Adjusting flow in sprays and other lines to meet minimum
requirements;
• Sweeping and shoveling may be practiced instead of hosing down the
floors;
• Making an inventory of all cleaning equipments, such as hoses in
the plant - determining how often equipments are used and whether
they are water-efficient;
• Washing cars, truck and bus fleets less often;
• Cleaning driveways, loading docks, parking areas or sidewalks with
water may be avoided - using sweepers and vacuums may be
considered;

28
• Avoiding runoff and making sure that sprinklers cover just the
lawn or garden, not sidewalks, driveways, or gutters;
• Watering on windy days may be avoided as far as practicable;

It is imperative that users from all sectors of water use,

stakeholders including state and central governments, agencies,
institutions, organizations, non-governmental organizations,
municipalities, village panchayats, public sector undertakings and other
such bodies directly or indirectly involved in planning, development and
maintenance of water resources projects and providing services to the
users, may need to be involved for making integrated and continuous
efforts for creating mass awareness towards importance of saving and
conservation of water, and duties and responsibilities of individuals as
well as of organizations and institutions towards judicious and optimal
use of water.

4.3. Water Users’ Association (WUA) and Legal Empowerment

Water Users’ Association, though relatively a new concept in the

country but is prevalent in some states in irrigation sector. It is
considered that involvement of farmers in water management will
facilitate equitable and judicious allocation of irrigation waters among
farmers of head, middle and tail reaches and improve collection of water
charges from users. It is felt that with improvement in collection of
water charges, irrigation projects may not languish for maintenance for
want of funds and in this way overall efficiency of irrigation systems
will improve. This will help saving of water and optimum utilization of
water.

Such a concept i.e. involvement of Users in the distribution and

management process may also be extended in domestic and industrial
sectors of water use. It has been observed that in adverse situation of
water supply to domestic sector, when supply is not adequate to meet
demand, some residents use water pumps in water supply lines to boost
supplies in their dwellings and thereby causing hardship to other
residents of the locality. Illegal tapping of water from supply lines or
lifting water of canals are also prevalent at places. It has also been
observed that inhabitants, in general, are less sensitive to leakage or
water loss from the system. Similarly in case of industrial sector, it
is not very uncommon to discharge untreated or partially treated
industrial effluents in water bodies like rivers, lakes, ponds, canals
etc. including ground water aquifers. Water Users Associations in
domestic and industrial sectors of water use may address these issues
and may help in conservation of water and control pollution of water
bodies from industrial pollutants. Water Users Associations may be duly
empowered through legislation or promulgation of ordinance to punish
errant water users.

29
 Annex-A

Summary of Recommendations of National Workshop for Water Audit and

Water Conservation Organized at New Delhi on 30th January 2004

Water is a precious natural resource. Its limited availability and

increasing demand prompted for drafting ‘Guidelines for Water Audit and
Water Conservation’. These were deliberated upon in a national level
workshop organized at New Delhi in January, 2004, jointly by Central
Water Commission and Central Ground Water Board. Senior level officers
from various States, Central Ministries and NGOs attended the workshop.
Recommendations emerged in the seminar are as given below:

I. Water Audit

(i) Water audit is an important management tool for effective

conservation of water. Broadly water audit should be
conducted categorically in two systems, resource audit or
supply side audit and the other one as consumption audit on
demand side. All efforts should be made for improvement of
not only water use efficiency and distribution system, but
also on the efficient development and management of the source
of water.
(ii) It has been strongly advocated that the water audit system
needs to be framed and incorporated in every significant water
resources project as a routine exercise during operation and
maintenance of the project by the project authorities. A
separate cell may be constituted for this purpose. This is as
per suggestion of Govt. of Maharashtra. They have established
a separate Chief Engineer’s Office for this purpose.
(iii) The periodicity of water audit and its report may be
determined in advance at the commencement of commissioning the
project by the project authority and the concerned Governments
and appropriate provision of fund may be made for its
implementation. In general, it may be carried out annually.
(iv) The recommendations in the water audit report for corrective
measures of the system may be considered on priority for
implementation by the competent authority. All efforts should
also be made to provide all technical and financial provisions
in a time bound manner.
(v) The irrigation sector utilizes about 83% of water as a major
stakeholder. Due to the thrust on account of rapid
urbanization and modernization, the demands for domestic and
industrial uses are progressively increasing, thus creating a
situation of competing of demands from value added sectors of
water use and threatening irrigation sector even in
maintaining current level of water use whereas more water is
needed for growing more to meet the demand of growing
population. A systematic comprehensive water audit will be

30
 very useful in bringing out the trend of changes on demand and
supply scenario which will help in deciding the methodology
for improving the efficiency of the system by adopting
conjunctive use of surface and ground water, application of
modern irrigation techniques including drip and sprinkler
irrigation wherever feasible and other improvised agricultural
devices in addition to development of wasteland and
waterlogged areas.
(vi) Due to over exploitation of ground water, the water table at
vulnerable places like thickly populated urban areas are
depleting at very fast rate. Private tube wells are
mushrooming without control, to meet the growing demand.
Industries should be discouraged to exploit ground water on
their own. As far as possible supplies to industries should
be from surface water and if ground water supply is considered
essential, it should be managed by a Government Agency. There
is general apathy towards conjunctive use of ground water and
surface water. Specific water audit needs to be conducted on
regular basis for realistic assessment of ground realities and
initiating remedial measures under the umbrella of holistic
approach.
(vii) Pollution level of fresh surface water and ground water
resources are alarmingly increasing due to excessive use of
pesticides and fertilizers in agriculture and discharge of
untreated waste by industries and sewage disposal leading to
health hazards and scarcity of fresh water. Water audit from
this angle needs to be conducted strategically and
periodically. The existing laws regarding pollution control
need to be strictly observed by not only imposing penalties
but also restricting the polluters.
(viii) To prevent wastage of water, pricing of water for irrigation,
domestic and industrial uses needs to be revised and updated
periodically so that subsidy is phased out as quickly as
possible and at least operation and maintenance cost is
recovered for sustainability of the system. Further,
gradually the pricing of water at flat rate system needs to be
replaced by actual cost rate by volume. The differential
pricing system should also be suitably introduced keeping in
view the socio-economic aspects of the people and the region
in addition to their life style and ethnic background.
(ix) Benchmarking system of various suitable parameters for all
sectors of water use may be developed and introduced for
optimizing and enhancing the efficiency of the system. It is
an effective tool for water audit and measurement of relative
performance and suggests ameliorative measures for performance
improvement.

31
 (x) To identify source of water loss due to leakage, the approach
of bulk metering system should be installed at various well
defined macro and micro systems like various zones, districts,
towns, colonies and even large group-consumers to single unit
consumers so that water audit can be effectively conducted.

II. Water Conservation

(i) Water Conservation is prime and challenging concern. Numerous

types of water conservation techniques are available in the
country. The scientists constantly innovate the new
techniques, but there is a gap on the application of the
appropriate technologies, which needs to be removed. Due to
lack of proper operation and maintenance in irrigation,
industry and domestic water distribution system, there is huge
loss of water. Hence it is emphasized to improve the O&M
system.
(ii) For developing the water resources, age-old traditional water
conservation methods need to be judiciously adopted in
conjunction with the latest modern conservation technology.
Keeping this in view, rain water harvesting, revival of
traditional water storages, check dams and other similar
structures need to be adopted. Building byelaws should be
suitably modified to introduce mandatory roof top rain water
harvesting.
(iii) In order to conserve precious fresh water, recycling of waste
water may be incorporated wherever feasible. Dual water
supply system, one for treated wastewater and the other for
fresh water may be introduced so that treated waste water can
be used for secondary purposes such as toilets flushing,
gardening, agriculture and selective industries etc. New
urban colonies, big hotels industries and other similar
establishments should have mandatory dual water supply
systems.
(iv) Cropping pattern and crops water requirement varies from time
to time due to the dynamic socio-economic condition of the
people and the region in addition to geo-morphological,
climatic and metrological changes. Hence, for effective
management, appropriate base line data for water demand under
different situations needs to be brought out for optimum crop
water management and field activities considering effective
rainfall in different physiological stages.
(v) Night irrigation practice may be introduced to minimize
evaporation loss thus conserving irrigation water. Timely and
need based irrigation should be done to minimize loss of
water. Further, for boosting productivity, rotational
cropping pattern may be introduced for balancing fertility of
soil and natural pest control.

32
(vi) Various water savings devices are being developed under
various ongoing R&D Programmes. These devices may be suitably
adopted in the system.
(vii) Strategic mass awareness campaign should be conducted
regularly to cover all stakeholders, including service
providers and consumers, for water conservation in irrigation,
domestic and industrial sectors. Special attention must be
given so that the fruits of the campaign must reach the
children, housewives and farmers effectively.

33
 Annex-B

Various proformae as being used by Government of Maharashtra for

carrying out Water Audit in Irrigation Sector

Proforma Description Page

No.
I Water Demand 35
II Water Indent 36
III Daily Discharge Drawn by Various Sections 37
IV Discharge Drawn at Various locations of canal 38
V Water Used and Area Irrigated (Sub-division) 39
VI Water Used and Area Irrigated (Section) 40
VII Discharge letout through scouring sluices or 41
escapes (Sub-division)
VIII Discharge letout through scouring sluices or 42
escapes (Section)
IX Rainfall/Evaporation (Sub-division) 43
X Rainfall/Evaporation (Section) 44
XI Annual Water Account for Major and Medium Projects 45-46
XII Annual Water Account for Minor Irrigation Projects 47
XIII Water Auditing 48-49

34
 Proforma-I
Water Demand
Section
Name of Project/Canal Sub-Division
Irrigation Year

Name of Area expected to be irrigated Projected consumption Requirement of water Remarks

Section Seasonal Perennial Total ha/Mcum for section
ha ha ha Mcum
1 2 3 4 5 6 7
35

Note: The requirement of water shall be calculated from the projected consumption values of ha/Mcum (in Col. 5) or as
per the directives issued by the Govt. from time to time.
 Proforma-II
Water Indent
Section
Sub division:
Name of Project/Canal
Irrigation Year

Areas expected to be irrigated Requirement

Projected
of water
Type of irrigation Seasonal Perennial Total consumption Remarks
section
ha ha ha ha/Mcum
Mcum
1 2 3 4 5 6 7
A) Flow Irrigation
1. Direct Outlet
2. Minors
3. Distributaries
36

4. Others
Total (A)
B) Lift Irrigation
1. Reservoir
2. Canal
3. River/Nalla
4. Well
Total (B)
Total (A+B)

Note: The requirement of water shall be calculated from the projected consumption values of ha/Mcum (in Col. 5) or as per the
directives issued by the Govt. from time to time.

Section Officer
------- Section
 Proforma-III
Daily Discharge Drawn by Various Sections
Division
Sub division:
Name of Project/Canal
Irrigation Year
(Discharge in Cumec)
Date Discharge Discharge drawn by various sections of Utilisation of Water Remarks
drawn at a sub-division
head of
For For non Let into tail Total
sub-
Sect. 1 Sect. 2 Sect. 3 Sect. 4 irrigation irrigation tank or (Col. 7 to 9)
division
use use escape
37

1 2 3 4 5 6 7 8 9 10 11

Sub-Divisional Engineer
……..Sub-Division
 Proforma-IV
Discharge Drawn at Various locations of canal
Section:
Name of Project/Canal
Irrigation Year
Division
Sub-division
Date Time Reservoir Pickup weir Discharge let Discharge at various locations in For non Tail/feeder tank Discharge
out in cumec irrigatio of Channel
Right/Left Bank n use off-taking
Canal from tail/
feeder tank
R.L. Storage Gauge StorageGauge Discharge Gauge @ Gauge @ Gauge @ Gauge @ Discharge Depth Storage
Discharge of Tail
released RD RD RD Canal
RD

m Mcum cumec m Mcum m Cumec Cumec Cumec Cumec Cumec Cumec Cumec m Mcum Cumec
38

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18

Note: Separate sheets for Left and Right bank canal to be used.

Sectional Officer
 Proforma-V
Water Used and Area Irrigated (Sub Division)
Sub division
Division
Name of Project/Canal
Irrigation Year Area in ha

Name Type of Irrigation Water used by Section Area Irrigated Area Remarks
of Day Mcum Seasonal Perennial Others Total irrigated
Section cumec ha/ Mcum
(8/4)
1 2 3 4 5 6 7 8 9 10
A) Flow Irrigation
1. Direct Outlet on main canal
39

2. Distributaries/Branch
3. Minors
4. Others
Total (A)
B) Lift Irrigation
1. Reservoir
2. Canal
3. River
4. Well
Total (B)
Grand Total (A+B)

Note: Separate sheet to be used for each section under the Sub-Division.
Sub-Divisional Engineer
……..Sub-Division
 Proforma-VI
Water Used and Area Irrigated (Section)
Section:
Sub-Division:

Name of Project/Canal
Irrigation Year Area in ha

Type of Irrigation Water used by Section Area Irrigated Area Remarks

Day Mcum Seasonal Perennial Others Total irrigated
cumec ha/ Mcum
(7/3)
1 2 3 4 5 6 7 8 9
A) Flow Irrigation
1. Direct Outlet on main canal
2. Distributaries/Branch
40

3. Minors
4. Others*
Total (A)
B) Lift Irrigation
1. Reservoir
2. Canal
3. River
4. Well
Total (B)
Grand Total (A+B)
*Includes irrigation on percolation.

Section Officer
……..Section
 Proforma-VII
Discharge letout through scouring sluices or escapes (Sub Division)
Sub division
Division

Name of Project/Canal
Irrigation Year

Item Section 1 Section 2 Section 3 Section 4 Section 5 Remarks

1 2 3 4 5 6 7
1) Date & time of opening
2) Date & time of closing
3) Duration in days
4) Discharge in cumec
5) Day cumec let out (3x4)
41

6) Quantity in Mcum
7) Total quantity let out from all
sluices/escapes (Mcum)
8) Total quantity used as obtained
from column 4 of proforma III
(Mcum)
9) Percentage of wastage
(item 6x100)
item 7

Sub-Divisional Engineer
……..Sub-Division
 Proforma-VIII
Discharge letout through scouring sluices of escapes (Section)
Section
Sub-Division

Name of Project/Canal
Irrigation Year

Item Location of scouring sluice or escape Remarks

R.D. R.D. R.D.
1 2 3 4 5
1) Date & time of opening
2) Date & time of closing
3) Duration in days
4) Discharge in cumec
42

5) Day cumec let out (3x4)

6) Quantity in Mcum
7) Total quantity let out from all
sluices/escapes (Mcum)
8) Total quantity used as obtained
from column 4 of proforma III
(Mcum)
9) Percentage of wastage
(item 6x100)
item 7

Section Officer
……..Section
 Proforma-IX
Rainfall/Evaporation (Sub Division)
Sub Division:
Division:
Unit : mm
Date Recording Station
1 2 3
Rainfall Evaporation Rainfall Evaporation Rainfall Evaporation
43

Total

Note: Rainfall data of nearest rain gauge station or meteorological laboratory should be recorded.

Sub-Divisional Engineer
……………Sub-Division
 Proforma- X
Rainfall/Evaporation (Section)
Section :
Sub Division :
Unit : mm
Date Recording Station
1 2 3
Rainfall Evaporation Rainfall Evaporation Rainfall Evaporation
44

Total

Note: Rainfall data of nearest rain gauge station or meteorological laboratory should be recorded.

Section Officer.
……….Section
 Proforma XI

Annual Water Account for Major and Medium Projects

Water Year:
Name of Circle:
Name of Division:
Project No….
District
Taluka
Sub-basin No.
Name of project
Type of Project (Major/Medium)
1. Designed storage
a. Gross
b. Live
c. Carry over
2. Maximum Live Storage observed in the year
3. Actual live storage as on attained
a. 1st July
b. 15th October
c. 1st March
4. Water remained unutilized by 30th June
5. Replenishment received in June
6. Reasons for unutilisation
7. Projected Water use in Mcum for ……
a. Irrigation
1. Kharif
2. Rabi
3. Hot weather
4. Perennial
b. Non Irrigation
1. Industries
2. Domestic
c. Evaporation
Total (7a+7b+7c)
8. Lifts
9. Evaporation Losses
10. Leakages through dam
11. Water drawn at canal head for irrigation in Mcum for…..
a. Kharif
b. Rabi
c. Hot weather
Total (11a+11b+11c)

45
12. Water lifted from reservoir (Mcum)
a. Irrigation
b. Non Irrigation
1. Industries
2. Domestic
Total (12a+12b) in Mcum
13. Water released through escapes
14. Evaporation from reservoir
15. Water lost through leakages from dam
a. Quantity
b. Percentage
16. Total utilisation + Losses (11+12+13+14+15) in Mcum
17. Area Irrigated in ha.
a. By flow irrigation
1. Kharif
2. Rabi
3. Hot weather
Total 17a(1+2+3)
b. By lift irrigation
Total 17(a) + 17(b)
18. Area irrigated on Wells/Rivers/Drains in influence area
19. Water use efficiency (ha/Mcum): Col. 17 (a+b) + Col. 18
Col. 16
20. Remarks:

46
 Proforma XII

Annual Water Account for Minor Irrigation Projects

Water Year:
Name of Circle:
Name of Division:
Project No….
District
Taluka
Sub-basin No.
Name of project
1. Designed storage in Mcum
a. Gross
b. Live
2. Maximum Live storage attained in the year
3. Projected water use in Mcum for ………
a. Kharif
b. Rabi
c. Hot weather
d. Non Irrigation
Total (3a+3b+3c+3d)
4. Water drawn at canal head for irrigation in Mcum for ……
a. Kharif
b. Rabi
c. Hot weather
Total (4a+4b+4c)
5. Lifts
6. Evaporation Losses
7. Leakages through dam
8. Total (3+4+5+6+7)
9. Actual Area Irrigated for………..
a. Kharif
b. Rabi
c. Hot weather
Total Area Irrigated (9a+9b+9c)
10. Non irrigation use
11. Water remained unutilized on 30th June
12. Water use efficiency (ha/Mcum) – Col. 9
Col. 8
13. Remarks

47
 Proforma XIII
Water Auditing

I Records

1. Project wise/Village wise/Outlet wise GCA/CCA/ICA Register

2. Water Application Register
3. Month wise Water Use
4. Gauge Register
5. Register of Note Books
6. Panchnama Register
7. Register of Complaints
8. Plantation Register
9. Register of Non-irrigation use

II Water use

1. Reasons for difference, if any, in water demand and use

2. Method of measuring the quantity of water

III Measurement of crop area

1. Whether Programme of Crop Measurement is approved by EE

2. Whether date of first watering intimated to the measurer?
3. Whether measurements are checked by the SO, DE and EE
4. Area of unauthorized Irrigation, if any

IV Assessment & recovery

1. Season wise assessment of area irrigated

2. Whether area assessed & entries in note books are checked
3. Whether rates are checked by competent authority

V Water Account

1. Whether water account is maintained in prescribed proforma

2. Whether water use efficiency (Ha/Mcum) is assessed properly?

VI Lift Irrigation

1. Mode of measurement of water

2. Register of sanctions of lifts
3. Whether deposit amount is recovered from all schemes
4. How many schemes could not function in prescribed time limit? What action is taken in this respect
5. Whether all functioning schemes are having their agreements?
6. Whether register of details of lifts is maintained?
7. Whether register of details of lifts on notified rivers/nallas is maintained?

48
VII Conjunctive use of water

1. Whether register of wells in the jurisdiction of section is maintained?

2. Whether entry of newly dug wells is taken in it?
3. Whether area under well irrigation is recorded?

VIII Water Users Associations (WUAs)

1. Whether the WUAs provide water to non-members?

2. Whether WUAs’ accounts are audited timely?
3. Whether year-wise entries of grants are maintained?
4. Whethers elections of WUAs are held timely

IX Maintenance & Repairs

1. Whether pre and post monsoon inspections of canal are carried out? Whether any major defect is
observed? What corrective measures are suggested?
2. Action taken for maintenance & repairs of canals and all the control structures

X Miscellaneous

1. Details of Public Notices

2. Abstract of water applications
3. Register of rainfall and evaporation
4. Register of losses due to natural calamities
5. Whether Irrigated area is checked by the EE during inspection? and how much?
6. Whether and unauthorized irrigation was observed? What action is taken?
7. Whether diaries (10 days) are submitted by the canal inspectors?
8. Whether office inspection of canal inspectors is done by the section officer?
9. Whether revenue from fruit bearing trees is collected regularly?
10. Whether Notice board is available?
11. Whether copy of Irrigation Act is available in section office?
12. Whether details of standing crops are submitted?
13. Measures being taken for enhancing Government revenue
14. Whether any water logged/salt affected area is observed?
15. Measures adopted for promoting modern methods of irrigation
16. Trainings, Demonstrations, Study tours conducted
17. Whether surprise checks are made for the accounts of Section/Sub Division

49
 Annex- C
DOMESTIC WATER AUDIT
Assessment of water requirement for residential Units

Number of persons / user in the residential unit =

Measurement of Water Uses per Residential Unit

Sl. Fixtures
No Rate of Average Average No. of Uses Total Daily Use Per Capita
Discharge Duration Quantity per (No.) Daily Water
of Use Use ( litre ) Use
( litre / min ) ( min ) ( litre ) ( litre )
(1) (2) (3) (4) (5) (6) (7) (8)
1 Kitchen faucet
2 Utility faucet-1
3 Utility faucet-2
4 Bathroom faucet-1
5 Bathroom faucet-2
6 Bathroom faucet-3
50

7 Other faucet-1
8 Other faucet-2
9 Shower-1
10 Shower-2
11 Shower-3
12 Toilet-1
13 Toilet-2
14 Toilet-3
15 Washing Machine
16 Dish washer
17 Others
TOTAL
 Annex-D
DOMESTIC AND INDUSTRIAL WATER AUDIT
Assessment of Water Losses in industrial/domestic units
Month JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL
WATER DELIVERED
1. Total Water Supply to Distribution System
2. Adjustments to Water Delivery
3. Net Water Produced
WATER USED
4. Metered Water Supplied
Residential
Commercial
Industrial
Institutional
Other
Total
5. Billed Unmetered Sales
6. Unbilled Authorized Consumption
Water Main Lines Flushing
51

Sewer/Storm Drain Flushing

Parks/Playgrounds/Swimming Pools
Golf Courses
Cemeteries
Road Medians
Schools
Training/Fire Fighting
Construction
Storage Tank
Sewer Plant Uses
Total
7. Apparent Water Losses
Water Meter Malfunction
Theft
Other
Total
8. Real Water Losses
Leaks
Storage Overflow
Other
Total
9. Net Loss of Unmeasured Water
10. Percentage of Loss of Unmeasured Water
 Annex-E

Acknowledgement

1. Water Resources Department, Govt. of Maharashtra

2. Indian National Committee on Irrigation and Drainage,
New Delhi
3. Central Ground Water Authority, New Delhi
4. Ministry of Urban Development & Poverty Alleviation,
New Delhi
5. Ministry of Rural Development, Department of Drinking
Water Supply, Rajiv Gandhi National Drinking Water
Mission, New Delhi
6. Federation of Indian Chambers of Commerce and Industry
(FICCI), New Delhi
7. Prof. (Dr) Ashok Sinha, Nature Lover & Environmental
Consultant, Ranchi
8. Delhi Jal Board, New Delhi
9. Municipal Corporation of Greater Mumbai, Mumbai
10. Municipal Administration and Water Supply Department,
Chennai
11. Narmada Water Resources & Water Supply Department,
Gandhinagar
12. Cochin Shipyard Ltd, Cochin

52
 International Environmental
Law Research Centre

STATE RESPONSIBILITY IN THE

DRINKING WATER SECTOR
AN OVERVIEW OF THE INDIAN SCENARIO

Meena Panickar

IELRC WORKING PAPER

2007 - 06

This paper can be downloaded in PDF format from IELRC’s website at

http://www.ielrc.org/content/w0706.pdf

International Environmental Law Research Centre

International Environment House
Chemin de Balexert 7, 1219 Châtelaine
Geneva, Switzerland
info@ielrc.org
www.ielrc.org
TABLE OF CONTENTS

1. INTRODUCTION 1

II. LEGAL FRAMEWORK FOR DRINKING WATER IN INDIA 2

A. Characteristics of Water Supply Laws 3
1. Definition 3
2. Objective/s 3
3. Regulation of supply 4
4. Water charges 4
5. Permit/licence system 4
6. Strategy for water supply 4
B. Objectives of Laws and Strategy for Implementation:
A Performance Assessment 5

III. POLICY FRAMEWORK ON DRINKING WATER IN INDIA 6

A. The Performance of States in the Rural Water Supply Sector 7
B. An Appraisal of Policy Implementation: CAG Report 8
1. Re-emergence of problem habitations 8
2. Non-prioritaisation 9
3. Abandoned schemes 9
4. Right Management 9
5. Sustainability of water sources 9
6. Operation and maintenance 9
7. Community participation 9
8. Women’s participation 10
9. Monitoring 10
10. Evaluation of impact assessment 10

IV. DECENTRALIZATION MEASURES IN THE DRINKING WATER SECTOR 11

V. CONCLUSIONS 12
 I. INTRODUCTION
The rights-discourse in the context of water highlights right to water and more particularly, the right to drinking
water as an essential component of right to a ‘dignified life’. This approach is reiterated in the international human
rights instruments. The International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966,
specifically lays down an obligation on the member states for the progressive realization of this right. The General
Comment No.151 encapsulates the right to drinking water as a priority item. India being a member state of ICESCR
is obliged to gradually realize this right vis-à-vis its population. In the past two decades, more and more space has
been devoted to the discussion on redefining the role of the State in the water sector reforms with special focus on
public-private/ community participation in the drinking water supply.

The Five Year Plan documents and the National Sample Survey provide the official figures about the percentage
of population, having access to drinking water in rural and urban India. The Planning Commission states that
these figures are far from the ground realities, which means the situation is not as rosy as projected in the official
circles2. Traditionally water supply in India was limited to major towns and cities and that too was within the
boundaries of state/provincial units. With the spread of the process of urbanization and declining public health
standards in both urban and rural India, post-independent India took a serious initiative in the form of laws and
policies.

A two-way approach is adopted by India, in this regard, viz:

1. Legislations focusing on water supply and at times on water supply and sanitation, to be driven by the
state agencies
2. Policy initiatives by the central government in order to assist and supplement the states’ activities with
the overall objective of providing safe drinking water and thereby promoting public health.

In effect the relationship between the right to drinking water as a basic human right and the responsibility of the
State for realization of the right in the Indian context faces some limitations. These limitations include the allocation
of legislative power on water supply to the states within the Constitution; inadequacy of finance available at the
disposal of states which is to be supplemented by the initiatives of the Central Government; and the administrative
and financial autonomy, yet to be enjoyed by the local bodies in spite of powers been vested by the 73rd and 74th
amendments to the Constitution of India. These limitations indicate a rather difficult way of effectuating drinking
water right in India.

The Tenth Plan indicates the measures to be adopted for reforming the drinking water sector in India, which are:
the need for people’s participation; need to create awareness about the economic use of water; need for private
actors’ involvement; conservation of water resources; active integration of drinking water supply with sanitation
programmes; filing of returns by Panchayati Raj Institutions3; constitution of village committees in charge of
operation and maintenance of water works; and promotion of traditional methods of water conservation.

The present paper examines the performance of the obligation by Indian State in terms of universalizing access to
drinking water to its population. The paper intends to portray that the Indian efforts to provide drinking water to
its population show some serious policy shifts in the approach towards realization of the goal. In much of the post-
independence years, India adopted a State-centric approach for securing the right for people or in other words, the
State acted as the guardian of the people. From the 1990s, the Government realized the need for taking the end-

1 See General Comment No.15 on Right to Water, UN Doc.E/C.12/2002/11.Also see generally, Realization of the Right
to Drinking Water and Sanitation, Report of the Special Rapporteur, El Hadji Guissé (Commission on Human Rights,
Sub-Commission on the Promotion and Protection of Human Rights E/CN.4/Sub.2/2005/25; Relationship between
the enjoyment of economic, social and cultural rights and the promotion of the realization of the right to drinking
water supply and sanitation, Preliminary report submitted by Mr. El Hadji Guissé in pursuance of decision 2002/105
of the Commission on Human Rights and resolution 2001/2 of the Sub-Commission on the Promotion and Protection
of Human Rights E/CN.4/Sub.2/2002/10; Promotion of the Rrealization of the Right to Drinking Water and Sanitation,
Sub-Commission on Human Rights Resolution 2000/8.
2 See Planning Commission of India, Tenth Five Year Plan Report (2002-2007), available at http://
planningcommission.nic.in/plans/planrel/fiveyr/10th/volume2/v2_ch5_5.pdf.
3 Since the Planning Commission feels that the reality of ground level data on rural water supply is not convincing, a re-
survey is needed to be done by the PRIs and a return is to be filed periodically. This method of return filing, the
Planning Commission desires, to be inserted as a condition precedent to the allocation of funds in future. See Tenth
Planning Commission Report, note 2 above.

1
users into account. With this objective, the policy documents began using expressions like ‘economic use’ of
water; inculcating ‘responsibility in users’ by imposing charges; and ‘responsibility’ for the operation and
maintenance of the services.4

The scheme of the paper is as follows: following the introduction, the paper highlights an a priori position accorded
to drinking water by the legal system of India by reference to the provision for drinking water, as incorporated in
different state legislations. It is examined whether this a priori status accorded to drinking water is effectively
realized at the implementation level. In Part 3, the paper examines India’s policy approach with respect to drinking
water supply. Part 4 examines the people-oriented approach for securing the right as envisioned in the
decentralization process, being implemented in the drinking water sector now. The paper is developed by and
large on the basis of primary documents, namely, the official documents and supplemented by limited secondary
sources. Since ample writings are available on constitutional safeguards for drinking water and how the Indian
judiciary expanded the scope of Article 21 and thereby the right to water in general through an environmental and
health prism, the present paper will avoid detailed discussions on those lines. Also, the paper avoids a strict urban/
rural division in drinking water supply and approaches the topic generally.

II. LEGAL FRAMEWORK FOR DRINKING WATER IN INDIA

The constitutional jurisprudence of the country developed by the judiciary has placed drinking water as a derivative
right within the purview of right to life under Article 21.5 Whenever the shortage of drinking water was brought to
the attention of the judicial bodies, their response reflected a deep concern about the issue in terms of basic human
rights. This is evident from the observation by the court as given below:6

Water is a gift of nature. Human hand cannot be permitted to convert this bounty into a curse, an oppression.
The primary use to which the water is put being drinking, it would be mocking the nature to force the
people who live on the bank of a river to remain thirsty, whereas others incidentally placed in an
advantageous position are allowed to use the water for non-drinking purposes.

Water and related subjects as per the Constitutional scheme is within the purview of the state except in the case of
inter-state water disputes.7 This being the position, the Indian laws, which we examine for the purpose of the
paper, are state laws. An evaluation of the water laws dealing with drinking water makes it clear that the legislations
use the expression ‘water supply’ and place drinking water as a component of ‘water for domestic purposes’. In
other words, the water supply legislations are meant for drinking and non-drinking purposes. A broad classification
of the water supply laws could be laid down as follows:8

• Laws establishing water boards for Urban water supply

• Laws enacted for water supply in metropolitan cities
• Laws for water supply in the state as a whole
• Laws on regulation of groundwater extraction, use and transportation
• Laws on protection of water sources
• Laws for supply of water to specific industrial areas.

4 See Tenth Planning Commission Report, note 2 above.

5 See S. Muralidhar, ‘The Right to Water: An Overview of the Indian Legal Regime’, in Eibe Riedel & Peter Rothen
eds., The Human Right to Water 65-81 (Berlin: Berlines Wissenschafts-Verlag, 2006).
6 Delhi Water Supply & Sewage Undertaking and Another v State of Haryana and Others (1996) 2 SCC 572. In F K
Hussain v Union of India AIR 1990 Ker. 321and Attakoya Thangal v Union of India (1990)1KLT 550, the Kerala
High Court held the right as part of Article 21. See also Subhash Kumar v State of Bihar AIR 1991 SC 420; M C
Mehta v Kamal Nath (1997)1 SCC 388; AP Pollution Control Board v M V Naidu and Others (1999) 2 SCC 718;
State of Karnataka v State of Andhra Pradesh 2000 (3) SCALE 505.
7 The Constitutional scheme on water is as follows: Water and land are assigned to the state under Article 246 and List
II of the Seventh Schedule; water supplies, irrigation and canals, drainage and embankments, water storage and water
power under Entry 17 of List II; article 243 G confers authority on the panchayati raj institutions; drinking water and
minor irrigation under Eleventh Schedule, falling within the purview of PRIs.
8 The state laws referred to for the purpose of the study are provided in Table I.

2
 A) Characteristics of Water Supply Laws
1. Definition

In the legislations on water supply, we find that the definition of ‘domestic purposes’ includes water for drinking.
The common trend in these legislations is to use an exclusionary mode. For instance, the UP Water Supply and
Sewerage Act, 1975 (UP Act) defines water supply for domestic purposes as: those purposes excluding trade, or
business; for gardens or irrigation purposes; for building purposes including construction of streets; for fountains,
swimming baths, public baths or tanks or for any ornamental or mechanical purpose; for animals, where they are
kept for sale or hire or for sale of their produce; for the consumption and use at a restaurant or by inmates of a
hotel, boarding house or residential club; for the consumption and use by persons resorting to theatres and cinemas;
for watering streets; or for washing vehicles where they are kept for sale or hire. Water supply is defined as a
system of providing water to a community for meeting its requirement for drinking and other domestic uses,
industry, recreation and various public uses.9

2. Objective/s

The legislations are enacted with a single objective of providing and regulating water supply in the state10 or with
a dual objective of water supply in the state and the setting up of corporations11 or boards for the same. In the case
of state laws establishing corporations or boards, these institutional arrangements possess the authority to set
standards in the state with respect to water supply and sewerage services.12 At times, the subordinate boards like
the UP Jal Sansthan supplement these boards. The Kumaun Act aims at protection of water resources in public
interest with a sustainable, conservation perspective.13

In the Assam Act14, the creation of an urban board for development, regulation and maintenance of water supply and
sewerage services is stipulated. The legal personality of the Board is specified in Chapter VI wherein it is deemed to
be a corporate body, having the status of a local authority. The KWA is considered as an autonomous body.

The Karnataka Act15 acknowledges the inefficient functioning of local authorities in charge of water supply and
aims to improve the situation through the creation of a board, which will have the powers of monitoring various
schemes and allocating financial resources via loans to the local bodies. However, the board’s function is limited
to the urban areas.

In India we find a state legislation, which focuses upon the regulation and control of water resources in the public
interest. This is with respect to the Kumaun and Garhwal division. The Act16 in its preamble states that such a
measure is needed to ensure rational distribution of water for the purpose of human and animal consumption,
irrigation and industrial development. A study sponsored by the Planning Commission of India provides a narration
about the background of the legislation.17 The study shows that the Act is an instance of gradual substitution of
the rights of indigenous community with respect to the management of the water resources, including the drinking
water supply with a formal state system. As per the study, the first Rules for the regulation of water resources - the
Kumaon Water Rules - were framed under the Scheduled Districts Act of 1874, in 1917. The Rules of 1917 while
retaining the state sovereignty over water resources recognized the customary rights since the British Government
found it rational to do so in the absence of any potential for extensive commercial exploitation of water resources

9 See UP Water Supply and Sewerage Act, 1975. Under the Kerala Water Authority (KWA), domestic purpose is specified
as supply for households, residential flats, Government dispensary/clinic, Government schools (Government Hospitals),
Orphanage/ poor homes.
10 Regulating water supply could mean regulating the supply for public, commercial or domestic purposes. See Section
3 of Jammu and Kashmir Water Supply Act, 1963.
11 See the Preamble of the UP Act, note 9 above.
12 See Chapter 2, UP Act, note 9 above. See also the functions and powers of the KWA.
13 See Section 4, Kumaun and Garhwal Water (Collection, Retention and Distribution) Act, 1975 (hereafter Kumaun
Act). Under the section, the state has the power to regulate and control the collection; retention and distribution of any
water and water resources demarcate the area for protection of water resources and declare the area as protected area.
14 See Urban Water Supply and Sewerage Board Act, 1985.
15 See Karnataka Urban Water Supply and Drainage Board Act, 1973.
16 See Kumaun Act, note 13 above.
17 See Development Centre for Alternative Policies, Evaluation of Varied Approaches for Enabling Sustainable and
Equitable Access to Drinking Water in Uttaranchal (Delhi: Development Centre for Alternative Policies, 2003 ).

3
in the hills in comparison with the forest resources. The Water Rules of 1917 were modified in 1930 as Kumaon
Water Rules of 1930 and there was no change in the law on water resources in the period from 1930 to 1975.
During this period a significant extent of loss of forest cover, loss of people’s access rights to forest, and the social
tensions relating to forest resources occurred the impact of which was not taken seriously in official policy till 1975.

3. Regulation of supply

The supply of water is regulated depending on the purpose for which it is used. A protective umbrella is given to
drinking water purposes. If the supply is meant for non-domestic purposes, the restriction or prohibitions apply
from time to time. For example, Section 4 of the J & K Water Supply Act, 1963 stipulates that the license for water
supply for purposes other than domestic, may be withdrawn if it is felt necessary to do so to sustain the supply for
domestic purposes.

The regulatory mechanism envisaged by the Kumaun Act secures the objective by abolishing all the customary/
community rights, which existed at the time of the enactment with respect to the use of water.18 However, the Act
ensures a preferential treatment for village communities or persons whose rights are abolished while the state
exercises the powers in terms of regulation and control.19

4. Water charges

All the water supply laws introduce the system of charges levied on water consumed whether for domestic or other
purposes20 (on the basis of meter or number of points installed from the main connecting pipe). However, there is
a subsidized system for domestic consumption. The overall responsibility for meter repair, connections, pipes and
other matters incidental to water supply is vested with the government.21 Some of the enactments stipulate that
meters shall be installed at the expense of the consumer, though repairs are to be governed by the respective byelaws.22

Under the Himachal Pradesh Act (HP Act), the water rate may be determined by the local authorities in those cases
where the water supply schemes are handed over to them after payment of capital costs, maintenance and replacement
costs.23 In these situations the local authorities shall have the responsibility for efficient management of the schemes.

In the legislations the various divisions of supply include public, commercial and domestic purposes. The public
stand posts erected and operated by the government are meant to provide free water. Hence no water charges are
levied under some of the laws. But the KWA imposes the charge for street taps on the respective local authorities.

5. Permit/licence system

It is evident from the legislations that water supply is provided by the respective state authorities on the basis of
the application submitted by the required party. It is processed after examining the purpose for which it is to be
used and the quantity needed. However, as mentioned above, the non-domestic purposes are meant to be regulated
strictly. This means domestic purposes receive a priority over other purposes. It is also clear that not every one in
India is dependent on the water supply provided by the state. In the Assam Act, prior permission of the managing
director of the Board is required for sinking tube wells in the urban areas.

6. Strategy for water supply

The supply of water is provided and regulated by the state authorities constituted for that purpose. As seen above,
different state legislations work on different objectives. In states like Kerala, there is an overall authority, namely,
the KWA24 constituted under the Kerala Water Supply and Sewerage Act, 1986. The laws mandate that the authorities

18 Section 3 of the Act states that on and from 15 July 1975 all the existing rights (whether customary or otherwise and
whether vested in any individual or in village communities) of use of water, if any, in the areas to which the Act
extends, shall stand abolished. See the Kumaun Act, note 13 above.
19 See Kumaun Act, note13 above.
20 Other purposes include non-domestic (except for industries), industrial (To supply water for manufacturing process
which includes service stations, factories, Railways, Roadways, any other establishments where water is used as a
raw material) or casual (fairs or any other special use) purposes
21 See Section 13, Jammu and Kashmir Water Supply Act, 1963.
22 See UP Act, note 9 above, Section 69.
23 See Section 6, Himachal Pradesh Water Supply Act, 1968.
24 KWA is a successor to the Public Health Engineering Department, which was constituted under the Kerala Water
Supply and Waste Water Ordinance in 1984.The Ordinance was replaced by the 1986 Act.

4
 will not be responsible for the failure in supply due to repairing works or reasons beyond their control.25 The
legislations provide for advance notice to the public if the authorities apprehend a disruption in supply. In India
we come across pictures of leaking pipes, resulting in wastage of water through distribution, which in turn is
responsible for many of the open access pipes producing air than water through the outlets. The law seems to be
more inclined to punish the violators26 of the regulatory structure than fixing responsibility for inefficient supply,
distribution and management of this basic utility. In the Jammu and Kashmir law, an overall immunity to the
jurisdiction of the courts is given to the order annulled, modified or reversed by the Minister-in-Charge of Water
Works Department with respect to water supply in the state.27

The HP Act outlines a different scheme altogether. The Act distinguishes between the beneficiary and consumer.
As per the Act, the beneficiary is a local authority, which derives benefit from a water supply scheme offered by
the state. A consumer on the other hand means either a person who depends upon the beneficiary for water supply
or who uses the water from a scheme fully managed by the government. It places the whole responsibility of
launching drinking water supply schemes on the government. However, the Act stipulates that although the
government will spend on the entire schemes and improvement of water supplies, a cost recovery mechanism has
also to be implemented. Under Section 4 of the Act, the costs shall be recovered from the beneficiaries and
consumers as the case may be, which shall be 25 % in the case of urban water supply schemes and 12.5% in the
case of rural areas.

B. Objectives of Laws and Strategy for Implementation: A

Performance Assessment
Studies are conducted in India about the performance of state water supply laws. A study of the water supply system
of Tamil Nadu28 serves as an indicator to the generality of the problems suffered by the state water supply agencies
in India. Main highlights of the study hold the following as lacunae of the system in Tamil Nadu29: inadequate
supervision and monitoring; lack of skilled/trained operating staff; schemes not operating in their full efficiency;
huge difference in the quality produced and distributed (known as Unaccounted For Water-UFW); visible leaks
remain unattended for long; standby units in pumping plants, chlorinating units and other equipment remain under
repair for long; many components of treatment plants not functioning for years; water meters not functioning right
from inception; air valves and valve glands dripping and valve pits susceptible to flooding and pollution; no single
individual having comprehensive information about the quantity of production, beneficiaries, reasons for non-supply,
rate of flow, water level in tanks etc.; public tampering with water installations due to scarcity; officials not interested
in placement of maintenance jobs; and non-payment of water charges by local bodies.

As suggested by Tiwari, the concept of water governance has wider meanings in wider contexts. In the water
supply sector, governance shall mean efficiency and equity in distribution; delivery process transparent, accountable,
participatory and responsive; empowerment of citizens and delegation of powers to enhance their welfare.30 His
survey results prefer management contracts as the delivery option and corporatization as favoured by the consumers.
Probably preferences indicated by the survey group has a base in the way of performance of water board constituted
for the purpose of water supply. The causative factors of poor performance by state agency in Delhi tally with
those mentioned in the Tamil Nadu study.31

25 See Section 16, Kerala Water Supply and Sewerage Act, 1986.
26 Violators as per the provisions of law are limited to those who take connection for supply of water from water authorities,
which in turn, include individual households, institutions and industries.
27 See Jammu and Kashmir Water Supply Act, 1963, Section 22.
28 S Ramakrishnan, K N Chandran and P Gopalakrishnan, Improving the Efficiency and Functioning of Operation and
Maintenance of CWSS Including Preventive Maintenance Upgradation of Existing Water Conveyance Systems
Including GIS for the Existing Conveyance Systems, TWAD Technical Newsletter, January 2004, available at http://
www.twadboard.com/photos/Newsletter_jan2004_chap7.pdf.
29 Id. at 54-6.
30 A P Tiwari, Choice and Performance of Water Supply Institutions: An Exploratory Study of the Stakeholder Preferences
of Water Sector Reforms in Metro City of Delhi, India, available at http://agua.isf.es/semana_agua/CAST/wgrw/
pon_presentadas/Doc7_APTiwari_2pag_xcara_a_dobre%20cara.pdf.
31 Tiwari’s study states: the non-market framework of providing these services has brought substantial inefficiencies in
the system, high leakage rates, tampering with meters, theft of water and poor billing collection. In Delhi, the UFW is
40% compared to the acceptable norm at the global level of 10-15%. See Tiwari, note 30 above.

5
An analysis of the functioning of the water boards/municipalities in the metros of Calcutta, Chennai, Delhi and
Mumbai makes a comparison among the agencies and the findings of the study places the Chennai Metro Water
Board on a high pedestal, even though it acknowledges that the latter agency is mostly structured around procedures,
namely, technical and administrative, and not about providing services.32 The study points out some deficiencies
in the organizational settings and accountability of the agencies in the water supply sector. In Calcutta, there is
neither volumetric charges nor charges on the basis of estimated consumption. The revenue is generated from a
share of the property tax, which is known for low rate of collection and non-assessment of property value on a
periodical basis. Water supply in Calcutta is provided by Calcutta Municipal Corporation while the provision for
equipments and finance is the concern of Calcutta Metropolitan Development Authority and Calcutta Metropolitan
Water Development Agency.

During the period 1994-5, the revenue department of Delhi had shown a figure of Rs.290 million as total arrears
in the water supply sector. Delhi being the capital city faces serious problems of lack of coordination between the
Delhi Water Board and a number of other nodal agencies involved in the development of Delhi like Slum Wing
Department, National Capital Region Board, Delhi Development Authority, Delhi Pollution control Board, Central
Groundwater Authority.33 Above all, at times an intervention by the judiciary is needed for enabling Delhi to
receive adequate supply of unpolluted water.

Mumbai Municipal Corporation is responsible for planning, building and management of water supply. However
the financial allocation is routed through political inter-sectoral arbitration of the Corporation. Apart from a
number of documentary requirements, an applicant has to pay an amount of Rs.3000-5000/- for water connection
while it is Rs.2000/- in Chennai. At times a high amount of connection fee is charged in order to compensate for
low tariff and insufficient revenues, which is facilitated by financial agencies like HUDCO.34

The authorities envisaged in the water supply legislations are meant to strengthen the objectives for which the
laws are enacted. These laws serve a miniscule section of the Indian population and water supply is in the hands
of state agencies. However, any kind of supply of basic utilities constantly reminds us about the need for transparency
and accountability. Even the autonomous water boards set up by the states to improve efficiency suffer from
political nomination of members and lack of financial autonomy.

III. POLICY FRAMEWORK ON DRINKING WATER IN INDIA

As mentioned in the beginning of the paper, the organized water supply in India was limited to the big towns and
cities, which was at inadequate levels. For instance, Kerala for generations depended upon the open dug wells and
ponds. It was only in 1914 that the first protected water supply system was initiated in Ernakulam town; and in
Trivandrum, in the1930s. More than 80% of the rural population did not have access to safe drinking water, which
explains the deplorable conditions of public health as prevailed in the immediate days of independence of the
country. The provincial governments depending on the financial resources at their disposal carried out the
responsibility of water supply.

The water supply and sanitation were recommended priority areas by the Bhore Committee (1946) and the
Environmental Committee (1949) with elaborate plans. Although no immediate measures were adopted by the
Central government, in the year 1954, it provided assistance to the states to establish special investigation divisions
in the fourth Five Year Plan to carry out identification of the ‘problem villages’.35 The Accelerated Rural Water
Supply Programme was introduced in 1972-73 by the Central Government keeping in mind the magnitude of the
problem and to accelerate the pace of coverage of problem villages. The programme provided assistance to the
states and the Union territories with 100% grants- in- aid to implement the schemes in such villages. This programme

32 Joel Ruet and Marie-Helene Zerah, Organizational Analysis of Water Boards/ Municipalities: Lessons from Calcutta,
Chennai, Delhi and Mumbai (Paper presented at the Water Mangement Seminar, Centre de Sciences Humaines, 17
December 2002, Delhi).
33 See Ruet and Zerah, note 32 above.
34 See Ruet and Zerah, note 32 above.
35 A ‘problem’ village was defined as one where no source of safe water is available, within a distance of 1.6 km or
where is available at a depth more than 15 meters or water source has excess salinity, iron, fluorides and other toxic
materials or where water is exposed to the risk of Cholera or Guinea Worm.

6
 continued till 1973-74. But with the introduction of the Minimum Needs Programme (MNP) during the fifth five-
year plan (1974- 75) with the objective of socio-economic development of the community, it was withdrawn. The
Programme was however, reintroduced in 1977-78 when the progress of supply of safe drinking water to identified
problem villages under MNP was found to be not focusing enough on the problem villages.

There were international initiatives, which boosted India’s striving towards providing 100% coverage of rural and
urban population with safe drinking water. These initiatives include the WHO movement on health for all by the
year 2000(1977), the Alma Ata Declaration on Public Health (1978) and the programmes which began as part of
the international water supply and sanitation decade. The drinking water programmes were taken up with a ‘mission
approach’, enriching them with scientific and technological input in order to ensure better performance with less
cost. A Technology Mission(TM) was set up by the central Government in 1986 to assist the state in drinking
water supply. The aim of the mission was to set up small projects and identify the causative factors for public
health problems arising from drinking water sources in a scientific manner. TM has been renamed as the Rajiv
Gandhi National Drinking Water Mission [RGNDWM] with the broad objective of providing sustainable safe
drinking water to all ‘uncovered’/ ‘no source’ villages and creating awareness among the rural people about the
hazards of using unsafe water. The Department of Drinking Water Supply was created in the Ministry of Rural
Development by the Central government, and is acknowledged as the nodal agency with the responsibility of
providing safe drinking water to all rural habitations.

As regards the institutional structure for rural drinking water supply, the Ministry of Rural Development , Department
of Drinking Water Supply, is responsible for planning, policy formulation, direction, financing, monitoring and
reviewing the implementation and progress at the central level. The Ministry had set up the National Drinking
Water Mission Authority with the Prime Minister as Chairman and an Empowered Committee headed by the
Cabinet Secretary to review the progress of implementation of the programme. At the State level, the Public
Health Engineering Departments, Panchayati Raj Departments, Water Boards, etc. are executing the Programme.
However, in Gujarat, Kerala, Maharashtra, Tamil Nadu and Uttar Pradesh, the Programme is being executed
through the Gujarat Water Supply and Sewerage Board, Kerala Water Authority, Maharashtra Jeevan Pradhikaran,
Tamil Nadu Water Supply and Drainage Board and Uttar Pradesh Jal Nigam respectively. The institutional structure
of rural water supply (of the Centre) in India is provided in Table II.

The Accelerated Urban Water Supply Programme (AUWSP) was introduced by the central Government in 1993-
94 to cover towns having a population of less than 20,000 as per the 1991 census. In the rural sector the reformatory
process was initiated with the sector reforms project and Swajaldhara. These programme areas reflect a change in
the attitude of the Government since the community involvement is the focal point. These programmes spell out
the need for community participation in the choice of drinking water schemes, their planning, design and
implementation and control of finances and management. These reformatory moves also seek for full ownership
of drinking water assets by the community by contributing their shares. Apart from the policies, a number of
externally aided projects have been completed or are in the process of completion in various urban areas. A list of
completed projects has been given in Table III.

A. The Performance of States in the Rural Water Supply Sector

The Department of Drinking Water Supply has developed a system for monitoring and regulating the various
programmes and schemes for the supply of drinking water. The reports of performance by states in this sector are
discussed and reported in the agenda notes36 of State Secretaries’ Conference held in different parts of the country.
These reports are prepared on the basis of the use of variables like the number of rural habitations (not covered,
partially covered and fully covered) facilitated with drinking water supply; slipped back habitations37; schools
having drinking water supply; number of SC/ST population getting the benefit of the supply etc. However, it may
be noted that women do not find mention among the variables though this group could have been a major contributor
to and beneficiary of the schemes to be successful.

36 Agenda notes of the Conference of State Secretaries on Rural Drinking Water Supply and Total Sanitation Campaign
(held on 8-9 September 2005 at Kolkata; 15-16 September 2005 at Delhi; 29-30 September 2005; 6-7 October 2005
at Chennai); and the Conference of State Ministers of Rural Drinking Water and Sanitation (held on 31 January-1
February 2006 at Delhi). (Documents on file with the author).
37 These are habitations which were fully covered habitations and slowly fallen into the category of not covered or
partially covered habitations.

7
The Parliamentary Standing Committee on Rural Development for the year (2005-2006) in its Report to the Lok
Sabha38 after reviewing the reports on the states’ performance sought the response of the Department of Drinking
Water Supply (DDWS) on many crucial issues. Some of the main comments and observations of the Committee are:

• The DDWS projects a bright picture as opposed to the ground position on the availability of drinking
water in the country. The achievements projected by the Department shall be realistic and accurately
presented in the documents presented to the Government and the Committees.
• The mechanism of reporting adopted by the States is inappropriate since it fails to provide a reliable and
convincing picture with regard to the accessibility and availability of drinking water. The States noted a
gross mismatch between the physical and financial achievements. It could be seen that in some states the
physical achievement is less than 50 per cent while in some others an inflated hike as much as 2320 per
cent or 1300 per cent is shown.
• Some of the States are unable to contribute an equal amount of what is contributed by the central
Government under ARWSP. The Committee failed to understand how the States as per the stipulated
guidelines release the central allocation without ensuring equal allocation.
• The Committee expressed its dissent to the Government proposal to replace ARWSP with Swajaldhara.
It stated that these two are different schemes of drinking water and hence to be implemented separately.
It is proposed to gradually introduce the reform process of community participation as part of ARWSP
from the eleventh plan onwards.
• The Committee feels that each drop of drinking water is to be conserved. Hence the Department shall
take a serious note of water conservation and management.
• Insufficient attention is paid by the Government to the suggestions by the Committee on treatment of
used water and the subsequent supply for drinking purposes; and effective management of leakage of
water from the pipes where the supply is through pipes.

B. An Appraisal of Policy Implementation: CAG Report

The Comptroller and Auditor General (CAG) of India in its 2002 Report stated that the water supply in terms of
providing potable drinking water to all villages by 2004 is known for misplanning and negligence.39 The picture
is far from satisfactory despite spending an amount of Rs.32,302.21 crore on RWSP since the First Five Year Plan.
On reviewing the implementation of the rural water supply programme during the period 1992-1997 in Report
No.3 of 1998 (Civil), the CAG observed deficiencies in planning, unscientific identification of water sources, re-
emergence of problem villages/habitations, non-functional water treatment plants, expenditure on non-priority
areas, incorrect reporting of financial achievements, diversion/misuse of funds, ineffective control, monitoring
and review, excessive purchases of materials, etc. In their Action Taken Note submitted in February 1999, the
Ministry had stated that all rural habitations would be provided drinking water by the end of the 9th Five-year Plan.
It further stated that instructions had been issued to all States to ensure sustainability of the sources, regular
monitoring of the functioning of hand pumps/tube wells, development of inventory of sources, and that recourse
was not taken to diversion/misuse of funds and improvements in the monitoring and evaluation of the Programme.40
Implementation of the programme during the period from 1997-98 to 2000-01 was again reviewed by the CAG
through test checks conducted in the Ministry, Public Health Engineering Departments, Water Supply Boards and
other implementing agencies in 185 districts and 306 divisions of 25 States between November 2000 and June
2001. The Major findings of the Report are as follows:

1. Re-emergence of problem habitations

The Report pointed out 73,197 problem habitations as re-emerging in seven states, namely, Gujarat, Haryana,
Karnataka, Maharashtra, Tamil Nadu, Tripura and West Bengal.41

38 Ministry of Rural Development, Eleventh Report of the Standing Committee on Rural Development to the 14th Lok
Sabha, 2005-06, available at http://164.100.24.208/ls/committeeR/rural/11rep.pdf.
39 See Comptroller and Auditor General of India, Report of the CAG on the Union Government (Civil): Performance
Appraisals (2002), Chapter 3, available at http://cag.nic.in/reports/civil/2002_book3/chapter3.pdf.
40 Id. at 106.
41 Id. at 109-10.

8
 2. Non-prioritisation

The CAG noted that expenditure was incurred on non-priority areas by governments in many of the states while
there were no source habitations or no safe source habitations. A sum of Rs.283.90 crores were reportedly spent on
non-priority areas like the setting up of independent water works in places where there is no shortage of water
supply while ignoring the localities with utterly no supply of water. In the period 1998-2001,UP Jal Nigam installed
21,607 hand pumps in 11 districts at a cost of Rs.44.96 crores while these districts possess 12,488 hand pumps
and 3,61 PC and 45 NC habitations are left uncovered.42

3. Abandoned schemes

A sample check revealed that in 19 states, the implementing agencies abandoned 2,371 schemes in the course of
their execution after incurring an aggregate expenditure of Rs 197.52 crore, rendering the entire expenditure
fruitless.43 The reasons include drying up of water sources, failure of tube wells, wrong selection of sites, non-
availability of land due to local people’s resistance, non-construction of treatment plant etc, which basically show
the ineffective planning.

4. Right Management

131 rigs in 9 States [Assam (16), Andhra Pradesh (6), Gujarat (47), Jammu and Kashmir (16), Manipur(2),Meghalaya
(1), Orissa (20), Tripura (7) and West Bengal (16)] were lying unused or were beyond economic repairs since
1996. In Orissa and West Bengal, Rs 15.68 crore was spent on drilling tube wells through private contractors
while departmental rigs were underutilized. In Gujarat, of the 45,000 bores drilled during 1997-2000, 7,000 bores
drilled at a total cost of Rs 10.16 crore failed due to wrong selection of sites based on the opinions of the MLAs
and Sarpanches. The implementing agency had not utilized the available data of the Central Ground Water Board
before selecting sites for drilling. As a result, the expenditure of Rs.3.86 crore had gone to waste.44

5. Sustainability of water sources

Twenty per cent of ARWSP funds were to be earmarked and utilized for addressing problems related to water
quality and sustainability of sources. Sample check of records in various States, however, revealed that sites were
selected without using satellite imagery, data of the Central Ground Water Board, scientific technology or taking
advantage of the assistance of expert agencies like the National Remote Sensing Agency (NRSA) as was envisaged
in the instructions of the Ministry. This contributed substantially to the failure of the schemes in Bihar and Jharkhand,
Gujarat, Himachal Pradesh, Karnataka, Madhya Pradesh, Mizoram, Nagaland, Orissa, and Sikkim.45

6. Operation and maintenance

Sample check of records in 13 States revealed that 85,301 hand pumps, 80,046 tube wells, 752 piped water
schemes, 687 power pumps, 1,268 mini water schemes and 35 RWSS involving a total investment of Rs 369.20
crore were not functioning at all or were non-operational on account of various reasons such as drying up of
sources, collapse of assemblies, lowering of water table, filling up of bore wells, blocks in pipes, failure of pumping
machinery and distribution system, poor maintenance by local bodies and nonadoption of scientific technology
for identification of sources, etc.46

7. Community participation

Under the Programme, the Central Government had sanctioned 58 pilot projects in 22 States at a cost of Rs
1,690.71 crore. The projects were sanctioned without conducting any initial survey of the willingness of the
people for participation. Of the Central Government share of Rs 1,577.18 crore, Rs 473.15 crore had been released
as of March 2001, against which an expenditure of only Rs 6.13 crore was incurred, indicating that the progress
was very poor.47

42 Id. at 111.
43 Id. at 111
44 Id. at 112.
45 Id. at 113.
46 Id. at 115.
47 Id. at 121.

9
 8. Women’s participation

The guidelines of the programme envisaged the involvement of women for efficient performance and effective
maintenance of water supply systems. At least 30 per cent of hand pump mistries under the National Human
Resources Development and other training schemes were to be women of the local areas/habitations for better
operation and maintenance of hand pump schemes. The guidelines also envisaged the engagement of women
caretakers for hand pumps in the habitations and that certificates of completion of schemes should be obtained
from women’s groups in the habitations. Samples revealed that there was no involvement of women in Arunachal
Pradesh, Assam, Sikkim, Haryana, Himachal Pradesh, Kerala, Madhya Pradesh, Manipur, Nagaland, Orissa, Punjab,
Rajasthan, Uttar Pradesh and West Bengal.48

9. Monitoring

The monitoring, inspection and review of the Programme at the Central and State levels was inadequate, particularly
in the context of ensuring the correctness of physical and financial achievements. Records in the Ministry did not
reveal any evidence to indicate that achievement of the basic objective of providing 40 litres of water per day for
each person on a sustainable basis was monitored.49 Monitoring of the Programme was not done or was inadequate
in Assam, Bihar and Jharkhand,, Goa, Jammu & Kashmir, Karnataka, Madhya Pradesh, Maharashtra, Meghalaya,
Nagaland, Punjab, Rajasthan, Sikkim, Tamil Nadu, Tripura, Uttar Pradesh and West Bengal. In Karnataka, the
high-level Committee appointed by the State Government met only once after its formation in January 2000. The
Empowered Committee did not meet at all and the district level Committees were not constituted. Inspections
were not scheduled in Meghalaya and not conducted in Jammu & Kashmir. The records of inspections that had
been conducted were not maintained in Arunachal Pradesh, Gujarat, Himachal Pradesh, and Mizoram.50

10. Evaluation of impact assessment

Evaluation of the Programme by different agencies on the basis of the parameters of adequacy, regularity, quality,
distance, community participation, O&M, etc. revealed poor performance in the States of Andhra Pradesh, Rajasthan,
Karnataka, Maharashtra, Madhya Pradesh, Gujarat, West Bengal, and Bihar. Significant re-emergence of NC/PC
habitations was also revealed in Karnataka, AP, UP, MP, Rajasthan and West Bengal due to the drying up of
sources, failure of borewells, etc.

While addressing the conference organized by the RGNDWM,51 the Prime Minister stated that a recent
comprehensive survey of national opinion revealed the centrality of access to drinking water for our people. When
asked what would make respondents proud of India, about 73 per cent said that availability of safe drinking water
to all our people would truly make them proud of being an Indian. The agenda of the Government for securing this
basic demand of the people are: provision for uncovered habitations with supply at the earliest; address of the
problem of the 2.8 lakh habitations which have slipped out of full coverage for a variety of reasons; and address
the problem of poor quality of water supplied. It was pointed out that an important criticism of India’s water
infrastructure is that its growth has not been accompanied by an improvement in the quality of governance of
water services. Development analysts have criticized the water sector policy as one of ‘build – neglect and rebuild.’

The PM in his speech pointed out the five aspects of the agenda to be considered on a priority basis. These are,
eliminating the backlog and providing safe water to all remaining habitations which are either uncovered or have
slipped back from full coverage; addressing problems of water quality; entrusting the responsibility of water
supply management to local institutions and building their capacity in the management of water supply; improving
comprehensive management of water supply by strengthening the management of our environment; and mobilizing
communities to spread awareness of the linkage between good health and safe water supply.

From the above discussion it may be clear that the policy implementation in the country with respect to safe
drinking water supply suffers from serious deficiencies. It is also important to note that the responsible authorities
like the Parliamentary Standing Committee, the CAG and the Prime Minister himself highlight these deficiencies.
Therefore, it may be safely concluded that State responsibility in terms of providing access to drinking water is not

48 Id. at 122.
49 Id. at 132.
50 Id. at 132.
51 Prime Minister’s Speech, 31 January 2006, available at http://pmindia.nic.in/speech/content.asp?id=271#.

10
 fulfilled successfully due to the undermining factors in the implementation stage. One vital factor, which needs
deep scrutiny, is the accountability of the state agencies for failure to perform due to their own bad governance. It
is not clear whether the law has an effective mechanism to address the mismanagement and the consequent failure
of the grandiose schemes run by the state agencies.

IV. DECENTRALIZATION MEASURES IN THE DRINKING

WATER SECTOR
In the preceding portions we have come across the way in which the Indian State tried to perform its obligation to
provide drinking water arrangements. In the recent years India developed a twist in its strategy from state as the
service provider to state as the facilitator. This facilitating role envisages more decentralization of the drinking
water sector. The shift from a supply-based approach to demand-driven strategy seeks for community participation.
The externally funded water supply and sanitation projects speak about public-private participation.

Critiques argue that though the Indian model of decentralization fulfills the modalities of administrative
decentralization, it lacks fiscal and political decentralization.52 The National Commission on Urbanization observed
how water supply system was unequal, unjust, and highly biased in favour of the rich. It is observed that the
‘social construction of power structure’ makes water ‘artificially scarce’ for the poor.53 What we could perceive
of, as a viable strategy could be democratic decentralization. It implies more than the downward delegation of
authority. It entails a system of governance in which citizens possess the right to hold local public officials to
account through the use of elections, grievance meetings and other democratic means.54

Thus we are at a particular juncture in drinking water sector reforms wherein a role dominated and performed by
the State is now expected to be discharged by the community and private actors. Although the people centered
approach is a welcome step for the success of water supply and sanitation programmes, it is not clear whether we
need to continue with a top-down approach than the bottom-up mode. The Government began the exercise of
imparting training to local bodies about the need for conserving the water sources, know-how about the operation
and maintenance of water works etc. In comparison with the proposed strategy of the Government for involvement
of users, the paper argues for decentralization and democratization from below. It is pertinent to see how this
process can be effectuated? Some important case studies have been reported from the different parts of the country
about people participation in the supply of drinking water. In one study conducted in Gujarat, the survey indicates
popular awareness about water supply schemes in the locality, water charges and the responsibilities of the users.
The survey reports that gram sabha is considered as the ideal local institution in which people express their faith.
However, low participation and poor management at the village level is attributed to lack of time or improper
timing of the meetings held by the gram sabha, literacy levels and other factors. Women were not part of these
deliberations. The survey indicated a preference for village level self-sufficiency.

While evaluating the state performance in the drinking water sector, Kerala has been pointed out as having shown
a dismal performance the reasons for which are: an unacceptable top down approach to planning, non- involvement
of the users, highly inadequate levels of cost recovery, depletion of sources due to overdraw, frequent breakdowns
due to poor operation & maintenance, etc.55 The Kerala Rural Water Supply and Sanitation Project (Jalanidhi) is
designed and implemented by the users themselves as against the “top-down approach”. This will be owned,
operated and maintained by the users themselves on a total cost-recovery basis. The survey by the authors is
limited to one of the project areas. Among the people surveyed, only a few know that it is the government, which
has to refund the money borrowed from the World Bank. But everybody is unaware as to the period of repayment
and the rate of interest. As many as 217 beneficiaries justified the act of seeking foreign money, since it is a

52 For more conceptual discussion, See Craig Johnson, Decentralisation in India: Poverty, Politics and Panchayati Raj 4-
5 (London: Overseas Development Institute, 2003).
53 See Samanta Sahu and Rajashree Padhi, Access to Drinking Water in India: State and Market Interventions (Paper
presented in the National Institute of Rural Development (NIRD) Foundation Day Seminar on Democratization of
Water held on 10-11 November 2006, Hyderabad).
54 See Johnson, note 52 above.
55 See T M Joseph and Jos Chathukulam, State- Society Partnership in Drinking Water Management: the Case of Jalnidhi
Project in Kerala (Paper presented in the National Institute of Rural Development (NIRD) Foundation Day Seminar
on Democratisation of Water held on 10-11 November 2006, Hyderabad).

11
problem of drinking water.56 The low level of knowledge of the project among the beneficiaries again indicates
that the project could achieve only limited success in activating the rural community.

There is a wide divergence between the perception of the beneficiaries about the role of the panchayat and its
assigned role. The people lend legitimacy and credibility to the institution of Panchayat. However, the panchayat’s
role is limited just to select the Support Organizations (SO) from the list of SOs approved by the state government
and provide 10% financial assistance to the project. It has no control over the SO in the process of designing and
implementing the project. At the same time, all complaints against the SO are to be settled by the panchayat.
Authors argue that this dichotomy was not visualized in the jalanidhi project. According to them, the SO on the
other hand, takes this opportunity to exert their authority over the beneficiaries. Having bestowed with technical
knowledge and expertise, they tend to ignore the indigenous knowledge and wisdom of the local people.57

A similar outcome is shown in the public/private participation study about water supply in Tirupur.58 The study
acknowledges that public-private Partnership (PPP) could be a way to utilize the best of both worlds, while
overcoming the specific weakness of each. However the study point out that it is difficult to appreciate PPP from
human rights lens of water as a public entitlement, access to which does not depend on one’s ability to pay.
Charging for water ‘viewing water as a resource’ raises questions such as water right. Charging for water so as to
‘recover capital cost incurred in constructing the facilities’ is generally viewed wrong because in a welfare state it
is a state obligation. There is a general acceptance for charging the Operation and Maintenance costs and there are
some Village Panchayats in Tamil Nadu that has the practice of collecting user charges from house service connection
(HSC) holders. It is a responsibility the local body is supposed to carry out with the support of the user community.

It is worth noting that in the decentralization and community participation debate, an important factor overlooked
is that traditionally drinking water supply systems were effectively managed by communities in India. For instance,
in Uttaranchal State, informal institutional networks involved in the use-management of all natural resources,
including water. These village institutional frameworks have been responsible for the creation and management of
hundreds of thousands of drinking water systems [naulas, and bauries], about 16000 traditional irrigation systems
or guls, and 50,000 gharats or water mills.59 However, the passing of the 1975 legislation brought water resources
and structures under state administration. Data provided by the Kumaon Jal Sansthan indicates that even according
to conservative estimates, 45 percent of the total systems constructed are non-functional due to widespread damages.
A further 20% are only partially functional. The Kumaon Jal Sansthan reports a total breakdown of 1022 rural
drinking water systems, resulting in the loss of several hundred crores of rupees of investment on them.60

V. CONCLUSIONS
The aforesaid discussions highlight the changing nature of responsibility of the state with respect to drinking
water supply. This changing phase may be a difficult proposition for the average Indian mindset that still believes
in an omnipotent role of the state in the basic utilities sector. Our analysis of the water supply laws show that most
of these legislations were enacted at a time when state was perceived as predominant actor in the public sphere.
These specific water supply laws are characterized by some limitations as follows:

*Water supply is limited to the connections on the basis of applications, be it the household or industry;
*State as the service provider regulates the supply and connections;
*Charges are levied from the subscribers;
*Individual households dependent on the connections, by and large are limited to towns and cities;
*Laws focus more on offences by the subscribers while no accountability language is deployed with reference to
state authorities.

56 See Joseph and Chathukulam, note 55 above.

57 See Joseph and Chathukulam, note 55 above.
58 See generally G Palanithurai and R Ramesh, Public Private Partnership in Drinking Water Supply: Empirical Enquiry
Conducted on Globalization and Decentralization in Tamil Nadu (Paper presented in the National Institute of Rural
Development (NIRD) Foundation Day Seminar on Democratization of Water held on 10-11 November 2006,
Hyderabad).
59 See Development Centre for Alternative Policies, note 17 above.
60 See Development Centre for Alternative Policies, note 17 above.

12
 *Above all, inefficiency is and its root causes did not receive serious remedial measures.

The drinking water policies focused in the study are mainly those, which are initiated at the central level. The
operation of a number of policies simultaneously by different agencies raises the issue of coordination among
them and the generation of conflicting data on the status of access to drinking water. As pointed out earlier,
policies are on the lines of constitutional goals and hence there are fewer interfaces between the water supply laws
and policies.

In a vast country like India it may be a utopian idea to evolve uniform strategy for drinking water supply. By and
large it is clear that users’ are to have definite role in decision-making and implementation. It is necessary to
incorporate the existing models of people’s participation, if any, in the decentralization package. However, this
people-oriented approach is at variance with the one suggested by the Government in terms of the users bearing
the costs incurred capital costs, operation and maintenance of water supply etc.. Where does the interests of the
society find any mention or reflection? This point is vital to be examined at least in the future law/policy making
to deviate from the time-old paternalistic role of the state where the ward has no voice or his/her voice is unheard.
The engineered solutions for drinking water need to be supplemented with a social response in terms of the end-
users’ participation and the deployment of indigenous wisdoms. We should evolve a policy based on the feedback
from the community for which a preliminary investigation is needed, gathering people’s perspective on schemes
run by the State.

Appendices

Table I-List of legislations focused in the study

Sl No. Name of the enactment Year

1 Jammu and Kashmir Water Supply Act 1963

2 Jharia Water Supply Act 1914

3 Kumaun and Garhwal Water (Collection, Retention and Distribution) Act 1975

4 UP Water Supply and Sewerage Act 1975

5 Himachal Pradesh Water Supply Act 1968

6 Urban Water Supply and Sewerage Board Act(Assam) 1985

7 Gujarat Municipalities (Cost of Local Cess on Land Revenue and Water Rate) Rules 1979

8 Gujarat Panchayats Act 1993

9 Karnataka Urban Water Supply and Drainage Board Act 1973

10 Tamil Nadu Groundwater (Development & Management) Act 2003

11 Kerala Groundwater (Control and Regulation) Act 2002

12 West Bengal Groundwater Resources (Management, Control and Regulation)Act 2005

13 Madras Metropolitan Area Groundwater (Regulation) Act 1987

13
 Table II- Institutional Structure

(Source: Department of Drinking Water Supply, Ministry of Rural Development, Government of India)

14
 International Environmental
Law Research Centre

LEGISLATING FOR WATER:

THE INDIAN CONTEXT

Usha Ramanathan

IELRC WORKING PAPER

1992 - 1

This paper can be downloaded in PDF format from IELRC’s website at

http://www.ielrc.org/content/w9201.pdf

International Environmental Law Research Centre

International Environment House
Chemin de Balexert 7
1219 Châtelaine
Geneva, Switzerland
E-mail: info@ielrc.org
TABLE OF CONTENTS

I. INTRODUCTION: THE PRESUMPTIONS 1

II. THE COLONIAL CONTEXT 3

A. Empowerment 3
B. Maximisation 3
C. Rights Depletion 4
D. In Good Faith 4
E. Ouster 5
F. Forced Labour 6
G. Statutory Sanctions 6

III. POST-COLONIAL: OF CONTINUITY AND SUCH 7

IV. CHANGING JUSTIFICATIONS 8

V. THE NATURE OF THE STATUTE 10

VI. THE BASIC RIGHT TO WATER 10

 ‘Inconvenience would be caused if every person in lured by non-feasance on the part of a body or a person entrusted with a
public duty were entitled to come into court with a demand for compensation for his own particular grievance (…) particularly
(…) where the public duty is that of maintaining, a national system of irrigation over an area so extensive as British India.’

‘[T]he government is not under an obligation with regard to each individual ryot to repair irrigation works whenever they
require repair.’

‘[I]t has never yet been held that an action will lie for mere failure to repair, when repair is required to enable the ryot to receive
the usual supply.’

[N]o (...) liability arises in cases of non-feasance merely because the statute imposes duty; the statute must impose the liability
expressly or by clear implication.’1

Statute law and state control in the arena of water management have reinforced each in their development. The
span of history of statutory water law in India is less than 130 years,2 but it has acquired an aura of the eternal
which makes the questionings of its fundamentals difficult. The experience of the making of such law, its working
and its effect does not lend itself to an endorsement of the now-presumed sanctity of statute law.

The advent of statute law has provided fertile ground for the unreined growth of an intrusive state. Consequently,
and relentlessly, it has attacked indigenous, and community-based, systems of control and management of water.
Statute law has propounded its own set of values and priorities which have forcibly replaced those learned and
cultivated through extended periods of a community’s history.

An exegesis of the statutory experience of water law has exposed its purpose, and effect to be less than noble. This
paper is an exercise in explaining, both in its process and its substance, the true nature of statute and unwisdom of
dependency on this capricious state device.

I. INTRODUCTION: THE PRESUMPTIONS

In India, since 1950, a written Constitution binds the nation. There is a general acceptance of the supremacy of the
Constitution.3 While providing the framework for governance, the Constitution details in three distinct lists4 the
extent of legislative power of the States and the centre.5

Governance with the backing of statute law characterised the colonial period. Independence, the constitutional
scheme, and the opportunity for self governance has altered the perception of state-enacted law.6 There are
presumptions which have arisen from this perception which have influenced the growth of law-making and
implementation in this country. It has also influenced the popular consciousness as to state power, as it has
judicial understanding.7 Some of these presumptions have actively produced a degeneration, particularly, of state
accountability, end of people’s participation. Some of these atrophytic presumptions may be listed:

1 Extracts from Secretary of State for India in council v. Muthu Veeran Reddi (1990-10) 21 Mad. L.J. 869 at 877, 874,
875. These are representative of the approach to state power, and duty without liability which dominated the colonial
water regime.
2 Water Law in India (ed.) Chhatrapati Singh, ILI (1992). Annexure I of Siddiqui’s ‘History of Water Laws in India’
places the earliest water law enactment at 1864.
3 For e.g. the recognition, even if hemmed in, of the right to livelihood as inherent in the right to life (Article 21 of the
Constitution) has grown out of this argumentation. See Olga tellis v. Bombay Municipal Corporation (1985) 3 SCC 545;
Sodan Singh v. NDMC (1989) 4 SCC 155. See also Delhi Transport Corporation v. DTC Mazdoor Congress (1991) 1 SCC 600.
4 The Union list, the State list and the Concurrent list. Indian federalism has a clear bias towards centralization. This
explains the residual entry in the Union list (entry 97, List I); and where both the Union and a state legislate on a
matter in the Concurrent List the Central legislation has overriding effect.
5 The Executive power of the Centre and the States is expressly declared to be co-extensive with the legislative power
(Article 53).
6 ‘States’ in this paper refers to the territorial divisions of the country (not including the Union Territories, which are
differently positioned in the Constitution); ‘state’ refers to the composite governing entity.
7 For example of the presumed constitutionality of a statute, see Federation of Hotel and Restaurant Association of India v.
Union of India (1989) 3 SCC 634 (Legislative wisdom and ‘constitutionality is presumed’ 661). For example of the Court’s
deference to executive judgement, and lending it a finality, see Dahanu Taluka Environment Protection Group v. BSES
(1991) 2 SCC 539 (‘...it is primarily for the governments concerned to consider the importance of public projects’ 541)

1
(1) All the legislative and executive8 power is clearly divided between the States and the Centre, including the
unspecified residual power. The state has the power to make any law at all, the only possible conflict being
between the Centre and the States on who has the power relating to the subject matter legislated upon.9

All powers of legislation that exist vest in the state and the state has the power to legislate on all matters.10

The principle of representative democracy is recognised to the exclusion of a participative polity.11

(2) State-made law has a priori validity, even where it excites dissension and resentment.12 This has led to a
position of the mind where all other forms of law or practice13 are tested against statute law; where it is not statute
law which is tested against these other forms.

(3) The legislature makes the law, while the executive is the implementing agency. This presumption lends an aura
of objectivity to the legislative process and product.

This is a fallacy, most clearly demonstrable in a Cabinet form of government. Those who are instrumental in
introducing legislation, and ensuring it is enacted, are also the heads of the executive in their Ministerial capacity.
Empowerment of the executive by legislature, would, in effect, be empowerment by the Cabinet of itself in another
capacity- as executive heads of the various arms of the state.

(4) It is only through legislation that the anomalies and inequities which abound can be dealt with. The presumption
therefore also is that statute law does achieve this effect.

(5) To enforce its law, the state needs power. This essentially comprehends the power of sanction. A law and order
machinery is presumed then to be an unavoidable necessity.14

(6) In the context of resources such as water and forests, there is the presumption of ‘public policy’ and ‘public
interest’. When the state undertakes activities which may deprive people of their rights to land, water, forests,
(including the right to use and usufructuary rights) and declares that it is a policy conceived in public interest or a
public policy envisaged for the greater public good, it is so presumed. It has, in fact, been accepted as being non-
justiciable even by courts themselves.15

These are merely some of the presumptions that have empowered law itself in popular perception. Water law is no
exception to this.

A representative study of the laws relating to water prompted serious doubts about these presumptions. What did
emerge was disturbing in its intent, its effect and its magnitude.

8 See supra note 5

9 See Federation of Hotel and Restaurant Association of India, supra note 7.
10 In Union of India v. H.S. Dhillon (1971) 2 SCC 779, the division of all legislative powers between the Centre and the
States was categorically affirmed: ‘...we have the three Lists and a residuary power and therefore it seems to us in this
context if a Central Act is challenged as being beyond the legislative act is challenged as being beyond the legislative
competence of Parliament, it is enough to enquire if it is a law with respect to matters on taxes enumerated in List II
(State list). If it is not, no further question arises.’ 803
11 ‘Representative democracy’ recognizes the periodic determination of the people’s representatives through elections.
Once elected, the representative is answerable only to his party, till he has to approach the electorate again. An
extreme assertion of this position is witnessed in the Anti-Defection Act (Tenth Schedule to the Constitution) which
requires a Speaker to disqualify a legislator who may defy a party whip, even if it means voting against his conscience,
or against the interests of his electorate.
‘Participative democracy’ would, by definition, mean a process by which there is continuous and effective participation in
the decision-making process. Negatively stated, it would not permit uncontrolled delegation of the decision-making power.
12 E.g. the legal services Authorities Bill raked up a controversy because it envisaged an inter-relationship between the
executive and the judiciary which would breach the cautious norms of the separation of powers doctrine. But once the
Bill was enacted into law in 1987, the dissent died down to a whisper seeking amendment.
13 Eg. Customary law, common practice, historical and religious texts and prescriptions.
14 The increasing dependence on the law and order enforcement agencies – eg. the police- is noticeable in areas as wide-
ranging as the Code of Criminal Procedure, 1973 and the Arms Act, to the Juvenile Justice Act, 1986 (including their
role in identifying and apprehending ‘neglected’ juveniles) and the immoral Traffic (Prevention) act, 1956: i.e., from
the original law and order context to the ‘social justice’ context.
15 In Central Inland Water Transport Corporation Ltd. V. Brojo Nath Ganguly (1986) 3 SCC 156, the Supreme Court has
held that ‘there has been no well-recognised head of public policy, the courts have not shirked from extending it to new
transactions and changed circumstances and have at times not even flinched from inventing a new head of public policy’.

2
 II. THE COLONIAL CONTEXT
Indian water law can be viewed generally in its three contexts-the colonial, the post-colonial and the constitutional.
The colonial context is chronologically identifiable and ends somewhere between 1947, whom India became
independent, and 1950 when she became a Republic and gave unto herself a Constitution. The post-colonial
period continues to this day in the form of unrepealed legislation of the colonial era. The constitutional era is of
relatively recent origin, and is manifested both in statutes and in court decisions. Both post-colonial and constitutional
law form the extant body of law on the subject.

The complexion of the law in these contexts is distinct. Colonial water legislation was characterised by its
unmistakable intent to generate revenue. The control that the state sought to exercise through its officialdom was
with the clear intention of maximising revenue. This accounts for the generous bestowal of powers upon officialdom
including the power to delegate such powers ‘to any person acting under the general or Special order’ of such
official.16 Post-1950 legislation on the other hand does not so expand its definitions of officialdom.

A. Empowerment
This empowerment of officialdom was enunciated along with a statement of the duties of the officials. The missing
element was liability. The absence of this vital link between power and duty intentionally resulted in lack of
accountability.

This empowerment took many forms other than the direct power of the official for instance to levy water rates17
act upon a decision of ‘expediency’ to construct a canal or embankment,18 permit third party user of private
source.19 It also permitted the official to compulsori1y requisition labour upon the threat of sanction, in the event
of what he considered an emergency,20 or even demand labour without wages.21 He could authorize others to act
on his behalf.22 The collection of rates could even be farmed out23 to ensure that the maximum collection of
revenue results.

B. Maximisation
The intent of the law was clearly revenue maximisation and efficiency.24 A colonial state was hardly likely anyway
to have a greater concern for equity than for revenue. A necessary incident of such value maximisation was
ownership. All water sources then had to be the responsibility of some identifiable person.25 Whatever was not
demarcated as being ‘owned’ would thereafter residually vest in the state.26 An ‘owner’ would, under the law,
have to maintain his water source at an efficient level,27 allow access to other persons for use,28 and even for

16 See ss. 8 and 9, Bombay Irrigation Act, 1879 9hereafter Bom IA)
17 s. 46 Ibid.
18 S. 7, Bengal Irrigation Act, 1876 (hereafter Beng IA)
19 Ss. 66 and 67, Ibid.
20 S. 58, Bom IA. See also Orissa Compulsory Labour Act, 1948. The long title reads: ‘An Act to make compulsory labour
lawful ... and to provide for the enforcement of customary labour on certain works of irrigation in the State of Orissa’.
The Constitution proscribes forced labour (Article 23) but compulsory requisitioning of labour continues to be extant law.
21 S. 26 Punjab Minor Canals Act, 1905. It provides that ‘the State Government may ... direct that irrigators ... shall be
bound to furnish labour free of cost to government for the purpose of effecting the annual silt clearance ...’
22 Supra note 16.
23 S. 82 Beng IA
24 An understanding of law which centre its vision on economics would find much to commend in this result. See
Richard A. Posner, Economic Analysis of Law. Hereafter, read ‘revenue maximization’ and ‘value maximization’
interchangeably.
25 Or institution, body etc.
26 ‘Ownership’ is relevant in outlining the duties of, the rates payable by, and the compensation which may accrue to the
‘owner’. Where water sources cannot be related in these specific terms, the legislations presume that all the empowering
incidents of ownership vest in the state.
27 Ss. 21 and 61 (10), Bom IA
28 Ss. 22 and 23, Ibid.

3
constructing schemes on his water source,29 if it would enhance the user of water thereby enhancing the revenue
to be collected. In the event that the water source could be better used by official calculation of expediency, the
only remedy would be compensation payable as determined by officialdom.30 Colonial law makers also saw the
commercial non-use of -all potentially usable water as ‘wastage’.31 While the language employed read ‘used’, the
import shifted then from ‘use’ to ‘exploitation’ of the resource. Needless to say, the purpose was greater revenue.

To ensure optimum use of water, officials carrying out the work for the state were statutorily given a wide range of
powers. The right to trespass with impunity was carefully engrafted on to every statute. Not only may he trespass
where he found the need- a matter of subjective satisfaction- but he may also cause damage on the property of
another in the process of the trespass.32

C. Rights Depletion
The control that colonial laws gave the official, and through his person, the state, not only permitted unfettered
right of entry to the official but also by permission of the official to any other person.33 To take an instance, a canal
officer may permit any person to use a water course or even to become a joint owner even where the owner may be
an unwilling party.34 This control over water sources was in fact extensive and included for instance the power of
acquisition of private water sources;35 the power to convert the use of water and to divert the flow;36 the power to
allow access to, and use of, water from privately owned sources even by an ex parte order.37

This statutory whittling away of the rights of owners, users, and the generally unmentioned community converted
ownership into a non-status, and made intrusive control by the state of the greatest significance.

D. In Good Faith
There were two other statutory devices in colonial legislation which bolstered these powers of the state: the ‘good
faith’ clause, and the ‘ouster’ clause.38 A good faith clause presumed every act of an official to be bona fide: he

29 S. 17, Ibid
30 All Acts, generally provide for compensation in the event of a substantial diminution in the enjoyment of the incidents
of ownership. The mode of quantifying compensation, and its determination was solely within the purview of the
executive.
31 The ‘wastage’ of water occurs in, for eg., ss. 31 and 71 of the Punjab Minor Canals Act, 1905. It is not defined, but is
to be interpreted in the midst of other terms carrying positive connotations, like ‘authorized distribution of water’ and
‘efficient maintenance and working’. ‘Unauthorised use’ and ‘wastage’ of water are equated by the Act!
32 Eg. S. 17 Andhra Pradesh Rivers Conservancy act, 1884.
33 Ss. 50 and 51, Beng. IA
34 Ss. 22 and 23, Bom IA.
35 S. 8 (2), Punjab Land Preservation Act 1900
36 S. 17, Punjab Minor Canals Act 1905.
37 S. 3, Uttar Pradesh Irrigation (Emergency Powers) Act 1950
38 A good faith clause would generally read thus:
(1) No suit, prosecution or legal proceeding shall be instituted against any person for anything done in pursuance
of any order made or deemed to be made under this Act.
(2) No suit, or other legal proceeding shall be instituted against the state for any damage caused or likely to be
caused by anything which is in good faith done or intended to be done in pursuance of any order made or
deemed to be made under this Act.
This has acquired a legislative shorthand as it has become a routine insertion in every statute (S.10 Uttar Pradesh
Irrigation (Emergency Powers) Act, 1950)
The judicial attitude is summarized in these words: ‘There is ... presumption that public officials will discharge their
duties honestly and in accordance with the rules of law’. Pannalal v. Union of India 1957 SCR 233, 257.
An ouster clause would read:
Jurisdiction of courts ousted in certain cases:
Any action taken or thing done under S.2, 3 or 4 shall, subject to the provisions of S.s (2) of S.7, be final, and shall not,
save as otherwise provided in any rules made under this Act, be liable to be called in question in any court of law; nor
shall any court of law issue an injunction in regard to any action or thing proposed to be taken or done under Section.
2, 3 or 4 (S. 8 A.P. Irrigation Works [Repairs, Improvement and construction] Act, 1943)

4
 may make a mistake, but there is a possibility of error in all human activity. An officer of the state - euphemistically
called a public servant-had to be permitted a wide margin to enable him to function effectively. This in any event
was a cautious clause to extend and widen the area of protected errors, because the law itself of ten times provided
permission for the official to trespass on another’s land, to do any damage, to take away user rights, and even to
take away all rights in a water source altogether.39 This clause was therefore an expression of the sovereign
immunity of the state and an iteration of the principle that a state can enact itself out of the reach of law.

It must be said, even if with some chagrin, that this clause along with the ouster clause has become a natural
adjunct to most statute law now enacted.40

This clause particularly caused the death of ‘accountability’. It also provided a fertile breeding-ground for
corruption.41 The extent of reliance on subjective satisfaction of officials leaves a lot of discretionary powers in
their hands. Situations requiring immediate decision-making or ground level handling may not be capable of
specific legislative application and expression. Executive action, the reasoning goes, therefore demands executive
discretion with a shelter from liability. This was the justification for the good faith clause. Not only was executive
discretion unfettered, it was also vast. Even the best intentioned executive would be unable to comprehensively
use the discretion given to, it. Thus protection was required not only for acts done but also for inaction.

This has left a lot of scope not merely for discretionary, but arbitrary, action or inaction. There are two evident
effects of this device, and its usefulness. Since the executive has the power to act, but no liability if they do not,
they have the power of selected application of laws.42 Its effectiveness has also led to increasing statutory
appropriation of powers for the executive.

The sanctity attaching to statute law as the law of the ‘state’ lent an unquestioned validity to these provisions. It
would have been utopian to expect that this phenomenon of vast powers without liability would be used only to
the ‘general good of the people’. This empowerment of state instrumentalities through statute law was therefore
clearly intended to disempower a people, and the legitimacy that attached to enacted, codified law was used to
achieve this.

E. Ouster
If the actions of the executive could not be challenged and no liability lay on account of a presumption of good
faith, their decisions could not be questioned in courts of law either.43 The classical theory of separation of
powers requires a separation of powers among the three organs of state- the legislature, executive and judiciary.
Water legislation however invested executive decision-making with finality. This was an exercise in pragmatism.
If the decision regarding change of user, compensation for trespass and damage, and assessment of water rates
were to be allowed to be agitated before the judiciary it may have detracted from the effectiveness of the value
maximisation procedures prescribed by colonial legislation. Executive expediency and executive norms would
have had to meet the test of judicial considerations. Efficiency would have had to take a back bench to equity and
common law norms of fair play and justice. ‘Discretion’ would have been replaced by ‘judicial consideration’.
This would have been counter-productive in a revenue generating statute. The delay occasioned by judicial
proceedings-now proverbial- would have been another handicap to expeditious revenue generation, and the attention
of the executive would have been constrained to be diverted, to whatever extent, to judicial proceedings.

39 Supra.
40 S.48 Water (Prevention and Control of Pollution) Act, 1975 and S. 17 Environment (Protection) act, 1986 provide
weak exceptions by introducing the notion of liability of a government department. See also ‘Regime of Sanctions in
Water Resources Management’ P.K.Chaudhary in Water Law in India, supra note 2. 141.
41 ‘Public Servants’ are also protected from prosecution by S. 21 of the Indian Penal Code, 1860 and the Prevention of
Corruption Act, 1947 which require prior sanction for prosecution. This apparent attempt to shield them from frivolous
or vexatious prosecution actually provides them a complete immunity which leaves them unfettered, almost, to act as
they will. See also Liberty and Corruption: The Antulay Case and Beyond, Upendra Baxi (1989).
42 The passage of laws without considering their effectiveness in implementation is a matter of much concern. The
extending tentacles of power in the hands of public officials provides them a complete immunity which leaves them
unfettered, almost, to act as they will. See also Liberty and Corruption: The Antulay Case and Beyond, Upendra Baxi
(1989).
43 Supra Note 38

5
The ouster clause was the remedy for this probable problematic, and provided an effective way out of executive
answerability. It allowed the executive to start and complete proceedings in revenue matters in their own domain.

The ouster clause has in general been in conjunction with the good faith clause and provided a shield to executive
actions, inactions, and decision-making. The ouster clause too has survived the decades and like the good faith
clause has wandered into a variety of territories that law encompasses.

F. Forced Labour
Every effort was made to ensure that the revenue generating nature of land and water resources was safeguarded.
This necessitated the absolute control- to be exercised when, and only when, the officials may choose to exercise
such control- of the resources. The human resource was also statutorily requisitioned in times of emergency. The
Compulsory Labour Acts44 provided the authority for requisitioning every able-bodied person from the labouring
classes, and every able-bodied male from the other classes, to provide labour in times of emergency- for instance,
where there was a breach of an embankment or a fear of one which was expected to flood the village. It is
interesting that these Acts prescribed liability for a person refusing to contribute labour to work which by local
custom was usually executed by ‘the joint labour of a village community’.45 The possibility that the intrusive
nature of state legislation may provoke resistance from a village community was sought to be overridden by the
threat of sanction.

The bias of colonial legislation towards revenue garnering is unmistakable when one considers the areas in which
law was enacted. The laws related to irrigation works navigation channels and drainage works.46 In fact a large
number of these legislations related directly only to cess. The objective of efficiency for revenue maximisation left
little scope for recognising basic needs. These legislations, while they could be extended to all available sources
of water, saw no need to make even a residual provision for basic needs, like drinking water. However, in the rare
instance that drinking water has been mentioned, it must be said to the credit of the colonial law makers that they
recognised the non-compensatable nature of drinking water. If any supply of drinking water was ‘substantially
deteriorated or diminished’ by any works undertaken, the remedy was not compensation, but’ an adequate supply
of good drinking water’ ‘within convenient distance’.47 Even a revenue-oriented legislation could recognise certain
basic needs!

G. Statutory Sanctions
A feature of colonial legislation that deserves some concern is the threat of sanction that attends the actions, or
failure to act of the individual. When this is juxtaposed with the invulnerability of state action, its purport becomes
clearer. Every individual, or a community of individuals with rights over a water source has the power to use it any
manner they deem best. The decision or action of the individual would depend upon his judgment of what he
deems proper, and the extent to which he is willing to act. He may therefore permit only partial utilisation of his
water source, may not be willing to allow a third party on his land or to use his water source or may not use his
water source, or may not convert the user of his water source. He may not deem it right to build an embankment
or construct a dam across the water source over which he exercises ownership rights. By legislative provision, his
decision however was liable to be overridden by an official of the state, whose judgment would prevail. If he did
not maintain his water source in a manner which met with the approval of the official, the latter may trespass on
his lands, carry out any repairs he may consider necessary and recover the costs from the individual. The official
may cause any damage to the individual’s property- he would merely have to compensate the individual as executive
judgment deemed fit. If an individual did not provide labour under the provisions of the Compulsory Labour Acts,
he could be penalised. Where water was allowed to ‘run to waste’, the person through whose act or neglect such
water ran to waste would be penalised. But where the person was unidentified, all the persons chargeable in

44 For eg. see Orissa Compulsory Labour Act, 1948 supra note. 20.
45 S. 11 Ibid.
46 For a partial compilation of water law statutes, see Siddiqui, supra note 2.
47 S.12, Beng IA.

6
 respect of water supply from such water course would be liable for the water so wasted.48 In short then, the
legislations provided a framework to insure against any revenue loss.

The only remedy for any person whose water source was taken over by these powers vested in state instrumentalities,
or whose property had been damaged in the process of official, or official-permitted, action was compensation.
This too was not an unqualified remedy. For instance, an Act may prescribe that only ‘substantial damage’ may be
compensated.49 Or that any damage caused may be compensated at Public Works Department rates.50 There is an
interesting anomaly in the law-making vision: in one Act it enhances the revenue payable where a scheme
implemented on a water source results in increased percolation leading to improved crops.51 In another Act, it
refused compensation for damage to crops caused by increased percolation.52 That is, where the effect is revenue
generating, the law demands recognition of the benefit; but where damage results, the state disclaims responsibi1ity.

III. POST-COLONIAL: OF CONTINUITY AND SUCH

This understanding of the import and effect of colonial legislation is imperative to understand its influence on
post-colonial legislation. There are significant similarities and explainable difference between the colonial and
post-colonial law-making approach.

A striking feature of the post-colonial laws is continuity. Many of the laws enacted to further colonial interest have
simply been continued. The revenue exacting irrigation, drainage, embankment and water-based resources laws
have not changed complexion at all. Some verbal changes have been effected after the Constitution took effect.
For example, the term ‘labourers’ in the Compulsory Labour Acts has been replaced by ‘persons’, but the substantive
provisions remain virtually unchanged. Two explanatory notes appended to the Bengal Irrigation Act 1876, illustrate
this vividly. They read:

The words ‘Provincial Government’ were first substituted for the words ‘Lt. Governor’ by para 4(1) of
the Government of India (Adaptation of Indian Laws) Order,1937.Thereafter the word ‘State’ was
substituted for the word ‘Provincial’ by para 4(1) of the Adaptation of Laws Order,1950.

The words ‘Servants of the Crown’ were first substituted for the words ‘Officers of Government’ by para
3 and Schedule IV of the Government of India (Adaptation of Indian Laws) Order, 1937. Thereafter the
word ‘Government’ was substituted for the word ‘Crown’ by para 4(1) of the Adaptation of Laws Order,
1950.53

Whether this retention of colonial laws can be interpreted as an expression of positive intent to continue colonial
policy may be moot. The factum of ultimate and absolute control over water sources (as over land, in fact more so)
is, however, categorically retained.

Deliberations between 1946 and 1949 of the Constituent Assembly resulted in the Constitution which cane into
force on January 26, 1950. Members of the Constituent Assembly, particularly those on the drafting committee,
were representative of the participants in the freedom struggle. The landed interest and Princely States were also
generously represented. The country was being torn apart by the partition into India and Pakistan and the optimistic
pangs of birth of a newly independent state were not free of the pangs and fears that beset partition. It would have
been a defiance of history, and ahistorical, to have sculpted any but a centralised Constitution. Yet the plurality of
interests and the extent of territorial reach could not have witnessed a non-federal structure. Hence, the division of
powers between the Centre and the States in the Constitution.

While the legislative and executive power had been apportioned between the Centre and the States, pragmatism
demanded that extant laws, should not be jettisoned because of their colonial bias as it would leave a vacuum.

48 For eg. S. 80 ibid.

49 S. 31, Bom IA.
50 S. 10. Orissa Compulsory Labour Act, 1948
51 S. 1 (3), Andhra Pradesh (A.A.) Irrigation Cess Act, 1865
52 S.11, Beng IA
53 The Government of India Act, 1935 was a prelude to the 1950 Constitution. That explains the dates of the two
Adaptation of Laws Orders.

7
An expression of this continuity of colonial law is witnessed in express terms in the Constitution. It provides for
the ‘continuance’ in force of the existing laws and their adaptation.54 This article of the Constitution does not
presume the repeal of existing law, and their re-enactment by the Constitution. It presumes that the pre-existing
laws shall be continued in their operation, unless expressly repealed.55

A challenge to the validity of pre-existing law would require testing it against other constitutional provisions: if
the law is in dissonance with any constitutional provisions, the law would fail. There is also a specific prescription
for constitutionally negativing any pre-existing law that overrides the fundamental rights,56 a set of ‘negative’
rights recognised as fundamental in the Constitution. These would be the matter of debate in the judicial arena and
the subject of judicial interpretation. A conservative judiciary night well believe that the inconsistency between
the pre-existing law and the constitutional provision must be spelled out from the express provisions of the
Constitution and ‘not from any supposed political philosophy underlying the Constitution’.57

The extent to which this continuity has influenced the law is such in evidence not only in the actual continuance
of colonial law but the terns in which new law is enacted. There is a distinct bias towards bureaucratic control
over water resources, expressed in terms practically identical to colonial legislation.58 The intrusive decision-
making powers vested in officialdom are patent. The only remedy remains compensation. Ownership and statutory
denial of the right to decide about the use of one’s water resource is evident. The notions of wastage, official
access to one’s property including the right to cause damage, and compulsory labour find prominent places in
post-colonial legislations.59 The good faith and finality clauses are even more liberally used in post-colonial
legislation.

IV. CHANGING JUSTIFICATIONS

The explanation for this extensive vesting of powers is however not couched in colonial terms. The inequities in
the Indian polity demand positive state action. Logically, then, for the state to act it needs the power to act. Being
a pluralistic nation, with a diversity of problems, national planning requires planned use of resources.60 The
population problem adds to the anxiety of the state. Control over resources, therefore, becomes of the utmost
significance. This control is exercised in the declared interests of ‘public policy’ or ‘public interest’.61

The right to property was a fundamental right when the Constitution cane into force, but soon lost its primary
position to the transformative impulses of the state.62 Public policy explained this phenomenon. Under the Land
Acquisition Act, 1894, (with some major changes brought in it in 1984) any land can be acquired by the state for
a ‘public purpose’.63 Courts have accepted that ‘public policy’ and ‘public interest’ are not susceptible of judicial
interpretation but are exclusively within the executive domain.64

The control that colonial law-making built into Indian law was legitimated by this reference to the interests of the
‘public’.

While colonial law makers were prolific in irrigation-related laws, post-colonial legislators have moved into
regulating water supply, sewerage, and preventing water pollution.65 These have been responses to urbanisation
and industrialisation. A common feature of these laws is the centralising tendency they display. A power given to

54 Article 372 of the Constitution of India (COI)

55 Constitution of India, D.D. Basu under Article 372.
56 Article 13, COI
57 Supra note. 55
58 See Himachal Pradesh Minor Canals Act, 1976
59 Ibid.
60 The First Five Year Plan conceived of the utilisation of water resources being planned on a national basis.
61 To illustrate, Article 19 COI, which provides for the protection of certain freedoms (including for example the freedom
to practise any profession) permits reasonable restrictions being imposed on their exercise. A recurrent permissible
reason for imposing such restrictions is ‘in the interests of the general public’.
62 It was omitted by the Constitution (Forty-fourth Amendment)Act, 1978
63 S.6
64 See for eg. Jage Ram v. Haryana (1971) 1 SCC 671.
65 Supra note 46.

8
 a municipal council for example, to prepare a scheme for the supply of water to the population in the area is
withdrawn to the State Government if the power is not exercised.66 There is little anyone can do if the State
Government is recalcitrant and, for reasons good or bad, does not act.

The politicisation of the polity and the regular return of the law makers to the populace has not, however, prevented
extreme and absolute acquisition of power through statutes. A state enactment ‘abolishes’ the ‘right of user of
water’. By categorical statement ‘all the existing rights (whether customary or otherwise and whether vested in
any individual or in village communities) of use of water, if any, in the areas to which this Act extends, shal1 stand
abolished’.67

The territorial division of India into States and the constitutional division of authority among States has left a grey
area in the sharing, use and development of river waters. The Cauvery water dispute between the States of Karnataka
and Tamil Nadu- the upper and lower riparian users- is a case in point.68 The agitation of the respective claims of
the two States meanders in and out of the realm of water to wander into wholly unrelated, and often irrelevant
areas like the political point each Chief Minister may seek to score in their attempts to strengthen their positions.69

The planned execution of large projects over large rivers is often accompanied by legislations creating Boards
invested with powers to help then in the completion of their tasks.70 These are instances of bureaucratisation
through law. Post-colonial legislation is therefore characterised largely by the continuity of colonial laws. It also
shows striking evidence of bureaucratisation and a clear tendency to centralise.

In the wake of global environment consciousness, the movement for not tampering with nature’s resources has
received a fillip in India, and the questions regarding the meaning, and model of development have become more
strident. While statute law carefully provided only the procedural right to be heard, substantial changes could be
effected without answerability. People’s movements have demanded a voice in policy making. The question of
depletion of one natural resource (for example, forests), in the converted use of another (river water) are being
asked demanding a response. The large scale displacement of people in the construction of major projects have
been justified in the name of development.71 It has meant calculating the economic benefit against social cost - an
attitude rightly rejected. But these movements have had to brave the powers that statutes have given state
instrumentalities. The Official Secrets Act, 1923 was invoked to contain the protest movement against the
construction of the Sardar Sarovar project on the river Narmada.72 Activists of the Narmada Bachao Andolan
(Save Narmada Campaign) have been repeatedly subjected to arrest and police harassment.73 A book on the
Narmada project was banned and seized under the Customs Act and the powers under the Code of Criminal
Procedure are repeatedly invoked to prevent protest demonstrations and meetings.74

At least a part of the reason for these ‘anti-’ movements has been the complete absence of people’s participation in
the decision-making process, even when their interests and their very 1ives are vitally affected. The parrot-like
repetition of state-empowering and accountability-negating clauses in legislations have only served to presume a
power on the part of state instrumentalities while alienating people further. A disrespect for the law and the
‘versus’ vision of the state has naturally followed.

In this midst, the Environment Protection Act75 and the amendment to the Factories Act, 1948,76 have provided

66 S. 50. Maharashtra Municipalities Act, 1965.

67 S.3. Kumaun and Garhwal Water (Collection, Retention and Distribution) Act, 1975.
68 A part of this dispute made its way into judicial records reported in Tamil Nadu Cauvery Heerjjpasana etc. Sangaia v.
Union of India (1990)3 SCC 440 and in a Special Reference made by the President of India to the Supreme Court
under Article 143 COI. See JT 1991 (4) SC 361.
69 Sporadic newspaper reports over the past two years (1990-92) stand stark testimony.
70 For eg., Betwa River Boards Act, 1956, Brahmaputra Boards Act, 1980.
71 There are only three States that have enacted legislation to deal with the problem of displacement caused by large
projects: Maharashtra, Orissa and Madhya Pradesh. These, generally, provide for rehabilitative measures or for monetary
compensation. These legislations do not however dilute the power of the executive nor do they allow the displaced
persons any say in the decision making process.
72 ‘Popular People’s Movements in Water Resources Management and the Role of Law’, Furqan Ahmad in Water Law in
India, supra note.2
73 Ibid.
74 Ibid.
75 See S. 19 Environment Protection Act.
76 S. 41 B of the Factories Act, 1948 after its amendment in 1987. This and related amendments are causally connected
to the Bhopal Gas leak disaster.

9
feeble attempts at permitting popular participation and in allowing people to initiate action to preserve
the environment, and human life.

The accretion of powers in the hands of the state does not seem to have provided any answers. The
problems are of excessive bureaucratisation which results in a gradual but sure depletion of the autonomy
of the people. The lack of accountability coupled with excessive empowerment has resulted in selective
application of the law. In fact, not only in matters relating to water but generally the loudest and least
countered complaints are about tardy, or non-implementation of laws. The undisturbed trend of
empowerment through statutes has acquainted the instrumentalities with power, to be used, or not
used, as they deem fit. This familiarity with power and unfamiliarity with accountability for long
decades now is reason enough for resistance to shed any of these powers. The process of decision-
making and acting have excluded the people, including the affected people, from its purview for so
long now that it has almost acquired a ‘right by tradition’.

It is in this context that we have to view right to water as a basic right.

V. THE NATURE OF THE STATUTE

One could well start this exercise with the understanding of what the nature of statute law is, particularly
in the context of water rights. This would explain how much of the realisation of the right to water
should be effected through statutes, and how to view the presumptions that have underlain laws relating
to water for over a century. Colonial codes acquired their sanctity from the worthy promise of the ‘rule
of law’. Time-tested usages, customs and practices of long standing which had acquired community
acceptance, and established modes of thought and deed, and decision-making and participation would
be enacted out of existence to establish the ‘rule of law’.

This acceptance of statute law as overriding has to be subjected to an understanding of the nature of
legislation.

To begin with, legislation can only be made by the state. Binding duties and sanctions can be detailed
only by the state. Naturally it does not impose then on itself, or on its instrumentalities.

From this should stem a realisation that there never can be a positive empowerment of a people. It is the
prerogative of the law maker to decide on patterns of empowerment, and to expect a product of the law-
making process which would invite an attack on the law maker’s own functioning would be unrealistic.

There is no counterforce that can match enacted law - unless it is revolution. Statute law is a tool by
which a state consolidates its own position. It provides a chain of empowerment, and enables this
consolidation. Statute law is by nature intrusive. It could provide for policing, for instance, in its
liability connotations. By nature it appropriates (for instance water, land, power). There is no requirement
of morality or humaneness to give statute law legitimacy.

When statute law provides for a duty without sanctions, for non-performance, that which is in the
nature of a duty becomes a power. Statute law has a destructive power in that it can destroy long
patterns of usage. The sketch of the growth of statute law, and its traits provides the background
against which can be viewed the right to water.

VI. THE BASIC RIGHT TO WATER

The incontrovertible fact is that water is basic to humanity. The right to water ought therefore to be an
immutable aspect of human life. Water being basic to human existence, it is not a right that can be
waived, less so can it be appropriated.

The presumed legitimacy of statute law has pervasively influenced the nature of the right to water.

10
 It would bear repetition that among the most prominent effects of legislating for water has been extensive
bureaucratisation. This has been accompanied by a lack of accountability which has made absolute the powers
given to officialdom by statute. With the revenue-generating and water resource-control impulses of the statutes,
it has been only a stray reference to the basic right to water that is witnessed.77 The purpose of the statutes then
seems to be acquisition of control over the resource by the state, and not the realisation of the basic right in water.

This perception is important in the light of the presumption that it is only through legislation that anomalies and
inequities can be dealt with. And that statute law actually achieves this. The tale of legislation, however, unfolds
a different narrative.

Statute law in fact punishes poverty. It has been a process of illegitimising poverty; to be poor is to be illegal. This
it achieves by an inordinate importance placed on ‘ownership’ and purchaseability. This aspect of purchaseability
is well understood by reverting to the recognition that the state, through statute law, treated water as a commodity
with a tremendous economic significance. The colonial state, and the post-colonial state in unchanging fashion,
saw water as a generator of revenue, and used the power of legislation and the magic wand of the rule of law to
maximise revenue. That focussed the attention on the irrigation potential of water. Consideration of access to
water was integrally linked with the ownership/possession of land, for water purchased for its irrigation potential
presumed land to be irrigated.

Except very occasionally, there is hardly any reference to the basic nature of the right to water.78 This treatment of
water as an irrigation resource also meant that the right to water got intertwined with the right to land. Also, the
intrusive state mechanism could take away a right from the owner of a water source where he owned no land on the
revenue maximisation argument of ‘wastage’.

That water to the extent that it is a basic right should be purchaseable denies the right to any person without
purchasing power. This is a direct denial of the basic right to water effected by statute.

This perspective of the effect of statute law denies credibility to the inequity-removing presumption that one
encounters in the popular perception.

One of the most poignant effects of legislation is the systematic depletion of the avenues of participation of
persons, even those vitally affected by the statutory scheme. The development of statute law has generated and
perpetuated the disempowerment of the people. The accretion of power without accountabi1ity; the absence of
people’s participation; the ultimate control of the state over all water sources; and the threat of sanctions explicit
in statute law have rendered comatose the autonomy of the people.

The effect of this lack of autonomy has necessarily been an increasing reliance on the state to perform functions
which were earlier within the realm of the community. For instance, dispute resolution would have to await state
intervention where it would have earlier been dealt within the community.

It is further to be considered that the plethora of powers and the absence of liability for non-performance of laws,
leads to a selective application of laws. Law therefore becomes a weapon in the hands of persons who can wield
it. This perhaps explains at least partially the non-transformative nature of water law.

The mega-use of water sources (for instance, dams, reservoirs) have been undertaken by the state in keeping with
its avowed model of development. This model has both its protagonists and antagonists. A significant factor that
has permitted the state to undertake these projects has been the presumption of control over all water sources. The
damming of the Narmada was preceded by extensive dialogue, debate and compromises among four States and the
Centre, The large number of people who were to be displaced by this conversion of user of water were not even
consulted. Protests which followed were quelled forcibly. The Save Narmada Campaign continues to demand the
right of the people to be involved in decisions concerning their lives, but law and order statutes are used to quiet
the dissent.

The absolutism displayed by the state is bolstered by the law and order power it holds. This power is presumed to
be legitimate. But when one considers that a state may by its action deprive the people of rights basic to their
existence, without hearing and answering them, the justification for this power is called into question.

77 Supra note 47.

78 Ibid.

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The need for state control over water resources has been reiterated in the Five Year Plans which have been the
policy statements in a planned economy. The First Plan conceived planning for the utilisation of water resources
on a national basis. National plans, centralised Boards and centrally sponsored programmes have been the
progression of state action in the harnessing and use of water resources. Statute law is an enabling mechanism in
this state planning.

Statute law has, on this analysis:

• Engendered and perpetuated inequity, by punishing poverty, by its emphasis on purchaseability, and by its
planning on the basis of a definition of the cost:benefit ratio which compares social cost with economic benefit.

• Denied participation to the people in the decision-making process, even where the decisions made vitally
affect their lives.

• Disempowered people, and denied them autonomy. It has empowered the state in absolute terms, and has
accustomed state instrumentalities to power without accountability. Given the decades long acquaintance with
this power, it would be unrealistic now to expect a voluntary process of disempowerment of the state itself.

• Bureaucratised the use, management, sharing of water and the dispute resolution and compensatory mechanisms
in the water regime.

• Permitted the use of water and water sources and their conversion as the state nay deem to be in the ‘public
interest’ or in the interests of ‘public policy’. The re-ordering of the entire universe of water is therefore left
in the hands of the state .There is no direct answerability either, except through the institutions of a representative
democracy, fora where political interests prevail.

• Made water and water rights entirely compensatable (except for occasional statutory deference to the basic
need for water).

Statute law, as this study demonstrates, has clearly acquisitive tendencies. It bolsters the position of ‘ownership’
and state power, and consolidates the control of the state over water.

Its utilitarian and economic position denies the consideration of the basic need of every person to water.

Water being basic to humanity, the processes which apply in the management of water and water sources have to
be in consonance with one fundamental norm: that the least common denominator in relation to water cannot be
less than an irreducible minimum.79

The right to water is an inalienable right, that is, to the extent of the irreducible minimum it cannot be sold or
bartered away.80

Incapacity to purchase cannot be made a criterion in the enjoyment of this basic right.

Conversion of user of water cannot lead to a negation of the right to water of any persons even where such
conversion may create other substantial beneficiaries.

The notions of ownership and control being capable of denying a person this basic right, have to replaced by more
equitable norms.

The individual-consciousness of the norm of the irreducible minimum finds no champion in the centralising
statute.

79 The Maharashtra Municipalities Act, 1965 conceives of 70 litres of water per person as a statutorily prescribed
quantity.
80 This has been recognized in relation to Tribals land at least on the statute books eg. the Chota Nagpur Tenancy Act
which applies in the predominantly tribal areas of Bihar.
This recognition is reflected hardly at all in the law relating to water. In fact, the Kumaun Act expressly abolishes the
right to water (supra note 67), while the Punjab Minor Canals Act, 1905 explicitly denies the acquisition of a prescriptive
right to water [S. 10 (3)].

12
 That the overriding nature of statute law has invariably caused the decline and destruction of community values,
customs, usages, and practices has to be recognised by the state, and to enter popular consciousness.

The motive for this destruction is suspect: revenue maximisation as the goal of the colonial state and its continuance
with an emphasis on the control over all water resources, in the post-colonial state.

The method is the statute: intrusive, a creation of the state, overriding in its nature even while it destroys all
existing forms of law or social control.

The effect has been excessive an absolute control in the hands of the state; non-consideration and therefore denial
of the norm of the irreducible minimum and a compelled voicelessness of the people.

This however is not an analysis that goes so far as to ask for the cessation of the enactment of legislation altogether.
It only seeks to demonstrate that some of the prevailing perceptions of legislations are based on an inadequate
understanding of what legislation is capable of doing, and what it has in fact done.

If the state is to legislate in the realm of water, there will have to be a renewed understanding of what statute law
should do, and how it will be kept within these bounds.

13