The Arunachal Pradesh Protection of Drinking Water Catchment Areas Act, 2023

{rqfu,rqa The Arunachal Pradesh Gazette EXTRAORDINARY PUBLISHED BY AUTHORITY No. 112, Vol. XXX, Naharlagun, Friday, April, 28 2023, Vaisakha 8, 1945 (Saka) GOVERNMENT OF ARUNACHAL PRADESH LAW LEGISLATIVE AND JUSTICE DEPARTMENT CIVIL SECRETARIAT ITANAGAR NOTIFICATION The 27th April, 2023 No. LaWLegn-4/2023.- The following Act of the Arunachal Pradesh LegislativeAssembly which was passed in the Eleventh Session of the Seventh Legislative Assembly and received the assent ofthe Governor ofArunachal Pradesh is hereby published for general jnformation. (Received the assent ofthe Governor on 15th April, 2023) THE ARUNACHAL PRADESH PROTECTION OF DRINKING WATER CATCHMENTAREAS ACT, 2023 (ACT NO. 5 OF 2023) An Act to provide for the protection of Drin4ing Water Catchment areas with a view to preseve drinking water sources and to make provisions for the same and mafter connected therewith and incidental to there. WHEREAS, water is one of the most vital elements tO human life and community; AND WHEREAS, drinking water sources in the hill areas are dwjndling due to denudation and unwanted human activities in the catchment areas. AND WHEREAS, it has become necessary to take regulatory measures to protect and improve the environment and the catchment areas and thereby preserve the drinking water sources therein and augment the yield of drinking water from such sources, springs, streams and rivulets; 88, it enacted by the Legislature ofthe state ofArunachar pradesh in seventy - fourth year of the Republic of lndia as follows :- 1. (1) This Act may be called the Arunachal pradesh protection of Short title, Drinking Water Catchment Areas Act, 2023. extent and (2) commence- lt shall extend to the whote of the State ofArunachal pradesh. menls. (3) lt shall come into force on the date of its publication in the Official Gazette. 2. ln this Act, unless there is anything repugnant in the sub,ect or context_ Definitions (a) 'Act' means the Arunachal pradesh protection of Drinking water Catchment Areas Act, 2023 ; (b) 'Advisory Board' means the ,Arunachat pradosh Drinking Water Catchment AreaE Advisory Board (APDWCAABI constituted under section 3: , , 2 The Arunachal Pradesh Extraordinary Gazette, Apil 2q ZOZ3 (c) 'Competent Authority' means the CompetentAuthority appointed under section 18 of the Act; (d) 'Dependency of a livolihood' means no other alternative source of income for sustenance of a family or a community; (e) 'District Board' means the 'Dbtrict Ddnking Water Catchment Area Protoction Board (DDWCAPB)'constttuted under section 5 of the Act; (0 'DrinkilB Wator c.tchment Area' means an area where springs, streama, rivulets, lakes, glaciersbnd water sources originate and seNe as a potentialsource of perenniel flow of water; Note : Drinking Water Catchment Area can be categorized into 'Critical ,Non-Critical Catchmont Area', 'Sub-Critical Catchment Area' and CatchmentAFe'in terms of threat pertaining to the water availability in the source as dEfined under section 11 (2) (a), (b) and (c)i (s) 'Executive Committee' means.the'District Executive Committee for Drinklng Water Catchment Areas Protection (DECDWCAp)' constjtuted under section 7 of the Act; (h) 'Govemment'means the Government of the Slate ofArunachalPradeshi (D 'Land Owne/ means an individualor a community holding the ownership rights conferred through ancestral inheritance or through a Land Possession Certificate (LPC); Explanation : 'Land'for the purpose ofthisAct includes trees and standing crops in the catchment area. 0) 'Measures' means the measures specified in section-12 of thisAct; (k) 'Notiflcation' means notjflcation by Government ofArunachal Pradesh published in the Gazefte ofArunachal Pradesh; (t) 'Ptescribed' means prescribed by rules made under this Act, (m) 'Section' means a section of the Act; (n) 'VWSC' means the'Village Water & Sanitation Committee' constituted under section-g of theAct; (o) 'ln atershed' means an area surrounding any spring, stream or pond (whetherformed naturallyor otherwise) which conserves and sustains a source of water, the quality and quantity whereof are likely to be varied by erosion of soil, felling of trees or disturbances by cattle grazing or human settlemenUactivity. 3 Constitution of (1) The State Government shall by notification constitute a Board at the a State Level State level to be known as the 'Arunachal CatchmentAreas Drinking Water Pradesh Drinklng Water Board (APDWCAAB)' to advise the Catchment Government on matter connected with the drinking water catchment AreasAdvisory areas and their protection. Board- (2) The Board, if itconsiders necessary may co-opt any person in any of its sitting to resolve any particular issue or issues. (3) The Advisory Board may take appropriate decisions on matters that may contribute to better implementation of theAct as deemed fit. 4 (1) The functions oftheAdvisory Board shall be to advise Government on :- Functions of (a) the State Level The preservation and protection ofdrinking water sources-ground Advisory Board water, springs, streams, rivulets, lakes, glaciers as water sources sources{round and on measures to be adopted thereof: water, springs, (b) The appropriate method of management of catchment areas vis-a- streams, vis the activities customarily practiced in relevant areas; rivulets. lakes. (c) Such matter connected with the improvement and augmentation of yield of drinking water from sources therein; (d) Subjects brought forth by the District Drinking Water Catchment Area Protection Board for Government decision. (e) ln matters involving issues pertaining to villagewaterand sanitation Committee (VWSC) between tl,o or more districts, it shall examine the views of District Drinking Water Catchment Area Protection Board and issue order at its level order at its level. (0 or for criticalmatters re@mmend to the Govemment for appropriate declsion. The Arunachal Pradesh Extraordinary Gazette, April 28,2023 3 (2) TheAdvisory Board shall also oversee the execution of the Master Plan and Action Plan regarding catchment area protection by the implementing agency and ensure effective and timely implementation. (3) TheAdvisory Board may delegate such powers to the District Board or the District Executjve Committee as it may deem fit for effectjng proper and timely implementation of the works, orders or directions. (4) TheAdvisory Board shallconstitute a Cellfor Result Based Monitoring and Evaluation of the Act to be headed by a Nodat Officer not below the rank of Superintending Engineer. The powers of the Cetl shall be as given below: (a) To act as link between Advisory Board and District Board. (b) To receive reports and returns and adaptability assessments. (c) To evaluate baseline data and leading indicators of sustainability. (d) To recommend improvement and proper use of funding if any. (e) To recommend critical inputs and intervenlion of stakeholders including third party involvement wherever needed. (5) TheAdvisory Board shall meet as often as may be necessary but not less than once in a year. 5. The State Government shall by notification constitute a Board atthedistrict Constitution level to be known as the 'District Drinking Wator Catchment Areas of District Drinkjng Protection Board (DDWCAPB)'to execute the provisions of theAct and Water Calch- to recommend to the state level Advisory Board on matters connected mentAreas with the drinking water catchment areas and their protection, through Protection notification by Government; Board (DDWCAPB), 6. (1) The functions ofthe District Board shall be to : Functions of (a) the District Notify the catchment area on the recommendation of the Drinking Executive Committee and the Village Water and Sanitation Water Comminee ryWSC); catchment (b) Prepare the Master plan for Drinking Water Catchment A.ea Areas Protection based on the input of VWSC and recommendation of Protection the Executive Committee. The Master plan shall include:- Board. (i) Delineation of the catchment area or the watershed for protection; (ii) Assessment ofthe area forthe catchment protection orthe watershed and the discharge ofthe water source: (iii) Outline the schemes for protection of the watershed area and the source; and (iv) The Master plan may provide for such matters as may be considered necessary for the protection of the watershed area and sustainable development ofthe catchmentarea. (c) Approve theAction plan of the Drinking WaterCatchmentAreas Protection prepared by the Executive Committee based on the input from the VWSC; (d) The land, other than Forest Reserves, protected Forest, Anchal Forest Reserve, Village Forest Reserve, Wild Life Sanctuaries, Natjonal Parks, Community Reserved Forest, Eco-sensitive Zone (ESZs) of Protected Areas and Unclassed Forest shall be donated voluntarily for conservation and development of drinking water catchment area protection but the land so donated shall not be used for any other purpose and no compensation shall be paid for such donated land. Provided that, in extreme circumstances, wherein the livelihood of an individual or community, as the case may be, is affected dueto such earmarking and donation of land, thebistrict Board may determine the compensation to be paid, which however, shall not be claimed as a matter of right. (e) For effective development of drinking water catchmenl area protection and donating of land for such purpose, the Diskict drinking water catchment area protection Board shall carry out the following measures: 4 The Arunachal Pradesh Extraordinary Gaz€tte. Ap 28, ?023 (i) Organiging of awareness programme in different level; (ii) Promotion of voluntary donation of land for protection of catchment area in the village; (iii) lntroduction of award system, initially five best villages mannually in a district. The best villages shall be selected based on the score card to be delermined by the Board on thefollowing:- (a) weighEge on iaster hnd donaticn including weightage on areas (measures in square meter) ofland. (b) rnitiatives taken by the village(s) for upkeepment of forest in the catchment areas; (c) initiatives taken by village(s) on rain harvesting measures; (d) rnitiatives taken by the village(s) on any rnnovative application like combrning eco-tourism and bro- diversity conseNation with the water conservation to make the protection ofcatchment area sustainable. (e) The $ate Govemment shall br the aforesakl purpose make appropriate annual incentives and award per district and deposit it towards the District Drinking Water CatchmentArea Protection Board. (0 Decide on such other matter connected with the improvement and augmentiation of yield of drinking water from sources therein; (g) ln matter involving issues pertaining to two or more VWSCS within the district, it shall give its decision. (2) The District Board shall meet as often as may be necessary but not less than thnce in a calendar year ot Constitution 7 The State Govemmentshall by notification constitute a Committee at the District Executive district level to be known as the 'District Executive Committee for Committee for Drlnking Water Catchment Areas Protection (DECDWCAP)' to carry DrinkingWater out the various aclivities envisaged under theAct under its domain and to Catchment recommend, advise the District Board on matter connected with the Areas Protection dnnking water catchment areas and their protection; (DECDWCAP). Functionsofthe I (1) The functions of the District Executive Committee shall be to : Distact Executive (a) Recommend to the District Board for notification of catchment Committee for area on the resolution of the Village Water and Sanitation Drinking Water Committee (\/vVSC). Catchment Area (b) Prepare the Action Plan for Drinking Water Catchment Area Protection. Protection. The Action Plan shall include proposals of funding from State. CSR. MPLAD, MLALAD, and other related non-tied tund, etc. to be implemented through PHED on the approvalof the District Board. For depositing such fund, the executive committee shall open a joint account to be operated by the Deputy Commissioner and Executive Engrneer (PHE&WS DePartment). (c) Tho action plan shall also include the works if any to be taken up in the catchment areas for water conservation directly by the line departments through their own programmes and funds. (2) The District Executjve Committee (DEC) shall perform the duty of interface between VWSC and the District Board. (3) The Member secretary DEC shall constitute a monitoring and evaluation unit in his/her office from the existing strength which shall support in compilation. evaluation and study of any report, returns pertaining to the Act that comes up before the DEC. (4) The District Executive Committee shall furnish a monthly report to DistrictAdvisory Board & StateAdvisory Board on the implementation and progress related to the CatchmentAreas Protection Act. (5) The District Executive Committee shall meet as often as may be necessary but not less than twice in a calendar year. The Arunachal Pradesh Extraordinary Gazette, April 28, 2023 9. (1) The Village Water and Sanitation Committee (WVSC) constituted Constrtution of under Jal Jeevan Mission programme shall contrnue to function as Village Water such. lt shall carry out the various functions envisaged under the Act and Sanitation under its domain and shallwherever needed recommend to the Districl Commitee (\ level Board through the Executive Committee on matters connected A'SC). with the drinking water catchment areas and their protection. (2) The Committee constitution shall be as follows:- (a) lt shall consist of 10-15 members, comprising of elected members of Panchayat up to 25% of the composition out of which, 50% shall be women; and remaining 25olo shall consist of Gaon Eurahs or Senior members or Literate members or Government retirees, to be decided by the Gram Sabha. For proper and effective functioning and management of \A /SC, the Gram Sabha may co-opt the headmaster or a teacher of the nearest school and the Junior Engineer of PHE&WSD as members of VWSC. Ordinarily, the tenure of sub-committee shall be for 3 years and Gram Sabha will have option to reconstitute or renew the suFcommittee with approval of 80% of the households in the village. (b) Land owner/Donor shall be ex-officio memberof the VWSC. (c) TheChairmanof he Committee muld betheChairman of Gram Panchayat or any elder in the village chosen by the Gram Sabha. (d) The Member Secretary of the Committee shall beselected by the Members of the VWSC. '10. (1) The functions of the vwsc sha[ be to : Functions of (a) ldentify and recommend the catchment area to the District the Village Drinking Water CatchmentArea Protection Board through the Waterand Executive Committee. Sanitatlon (b) Committee Preserve, conserve and protect the drinking water catchment (\ /vsc). areas, springs, streams, rivulets, lakes, glaciers and water sources through various water harvesting inteNentaon and prohibiting felling of trees. (c) Recommend appropriate melhod of management of catchment areas vis-a-vis the activities customarily practiced in such areas to the District Board through the Executive Committee; (d) Be the custodien of the water sources. (e) Traditional practrces for e.g captivating mithuns for a particular period in a limlted area that may be detrimental for water resource shall be identified by the Village Waterand Sanitation Committee (VWSC). The VWSC shall bring behavioEt changes by influencing the community practices and shall promote sustainable way of water resource management. The department under whose jurisdiction the catchment area talls may take necessary measures to initiate action and report it in public domain. (0 Maintain status of water sources with yearly records of d jscharge of res@ive sources wih support from conce,ned PHE DMsion. (g) lnitiate proposals for catchment area protection works where the source deplelion is alarming or considerable and recommend the same to the District Executive Committee. (h) To assess whether any polluton is being caused in the upper reaches of its water sources by villages located if any in the upstream side of the sources, ln such cases, the matter shall be taken up with the other VWSC's invofued for amicable solution or shall be reported to the local administration for appropriate dtsposition of the matter (i) To provide input to the Executive Committee in preparation of the Master Plan. (2) The VWSC shall meet as often as may be necessary but not less than 4 times in a year. 6 The Arunachal Pradesh Extraordinary Gazette, Aprt 28,2023 Declaration 11 (1) (a) The protected spring catchment area should ideally have a of an area as minimum size of 100 meters wide by 300 meteG long area but this drinkhg can vary according to local conditions. water (b) For rural areas : For stream or river water intake, an area of 50 catchment mtrs. wide on both banks of the stream or river should be fully are€. protected upstream from the intake point. An additional strip of 50 to100 meters wide can only be used for farming thatdoes not involve bigger tree felling or soil tilling or the use of chemicals. The hngth of protected banks up6tream of he water intake should generally be not less than 500 meter, depending on local conditions. However, greater the area better it would be for conservation of water soiirces. (c) Forsbmiulban aroas : ln mountainous tenains, the earmarked area of wator Ehed for protection should generally be minimum of 100 mtrs. wide on each sides of the stream or river bank. The length should depend upon size of user and source or not less than 1000 mtrs. in lengh to get meaningful conservalion. However, greater the area better it would be for conservation of water sources. (d) For urban areas : ln mountainous terrains, the earmarked area ofwatershed for protection should cover from the ridge line or a minimum of 300 mtrs. wide on each side of the stream or river bank. The length should depend upon size of user and source or not less than 2000 mtrs. in length to get meaningful conservation. However, greater the area better it would be for conservation of water sources. Provided that, the.State Government by subsequent notification shall declare to be a catchment area for a specific streams or rivers as may be deemed expedient. (2) A drinking water catchment area to be either critical, sub-critical or non-critical catchment area is to be decided by the district board. The criteria for declaring as critical, sub- critacal or non-criti€l shall be governed by following yardsticks: - (a) From the lean period (dry months of say January - February) discharge of the sources of minimum 3 years, if the trend of reduction/ drying of sources indicates a situation wherein the availability of water is either already less than the drinking water requirement or is likely to become lesser in another 5 years, the source could be declared as ctitical. (b) From the lean period dischargeof the sources of minimum 3 years, if it indicates a trend of reduction or drying of sources wherein the availability of water is likely to become lesser than the water requirement in another 5-30 years, the source could be declared as sub-critical. (c) From the lean period dischargeof the sources of minimum 3 years, if it indicates a trend of reductton or drying of sources wherein the availability of water is likely to become lesser than the water requirement after 30 years, the source could be declared as non- critical. (3) However, the declaration of an area as drinking water catchment area has to be made by the administative heads of the iurisdiction of the catchment area. lt could be either the DC/ADC/SDO/EAC/CO. Measuresfor 12 ('1) On the declaration of an area as drinking water catchment area under protection of section 11, the Government shall have the power to take such Drinking water measures as it deems necessary or expedient for the purpose of catchment protecting the catchment area. areas. (2) ln particular and without Prejudice to the generality ot the provisions of sub-section (1) such measures may include all or any of the following matters, namely- (a) Planting or advising the planting of trees and taking up of other steps to regenerate the forests; (b) Testing ofthe soil samples; (c) ln the case ofa notifed catchment area, prohibiting therein within periphery shall apply thereof- (i) The felling of trees, destruction or clearance of grooves, bushes or any vegetative cover; The Arunachal Pradesh Extraordinary Gazette, April 28, 2023 7 (ii) Jhummlng or cultivation or use of any insecticide or pesticide or any harmfulchemicals. (iii) Quarrying of sand or stone. (iv) Excavation of earth. (v) Open Defecation along the water bodies. (vi) Sewer outlets, disposal of solid waste. (vii) The carrying out of any activity which in the opinion is likely to damage the springs, streams, rivulets, lakes, glaciers or water sources in the area. (3) ln case of any unavoidable project of Slate or National interest covenng a portlon or fu ll part of notifed catchment area, the exemptlorvlimitation of this Act shall be sanctioned by the State Government. 13. Any activity proposed to be undertaken in the notified catchment area Guidelines for which is eco-friendly and non- detrimental to catchment areas shall be the competent placed for approval from the district board. authority in dealing with applications. 14 (1) Where Government proposes to take any measure contemplated, it Previous shall publish a previous notice of its intention to do so in a manner as publication of may be prescribed inviting objections from persons likely to be affected notice and by the measures proposed. consideration (2) lf after consideratron of objections received, Government may decide ofobjections. to take any of the measures contemplated and the same shall be notified in a manner as may be prescribed. 15. On the measures being so notified no person shall undertake or carry on, Prohibition of in the catchment area, any activity which is so prohibited except as given activities in in section 13. drinking water catchment area 16. Any member of the statutory bodies as envisaged In this Act or person Power of entry empowered by the Government in this behatfshall have the nght to enter at to inspect and any reasonable time, with such assistance as he considers necessary upon venry. any land declared as drinking water catchment area including the extent thereof, to inspect and verifr the activities, if any, or in connection with any function underthisActor rules made thereunderand every person claiming to be he owner, occupier or otheMise of the land shall be bound to render all assisEnce and f he fails to do or if he willfully delays or obstruct such memberor person he shall be guilty ofan ofience under thisAct. 17. Whoever contfavenes the provisions of the Act,shallfor the first offence Offences be punishable with fine which may amount to the extent of double of the market price as assessed by the Vwsc/designated experts on the damage so caused and not belowt 5,000.00 (Rupees five thousand) only in any case. For any subsequent offence, it shall be punishable with fine u pto th ree times the market price as assessed by the VWSC/ designated expert which shall be enforced through the concerned WVSC in case of ruralareas and by appropriate aulhority in case ofurban areas. ln order to encourage participation and effective imposition of theAct, the fine amount shall be treated as a revenue to be distributed between VWSC and state exchequer at a proportron of 80:20 respectively. '18. The State Government shall decide the competent authorities, as may be Competent deemed expedient. Authority. 19. Any person aggrieved by the order of Government to declare an area as a Appeal drinking water catchment area or to take any measure as contemplated in the Act or by any orders of the competent authority may within forty- five day6 from the date of notification make an appeal to the district board and its order on the appeal shall be final. 20. (1) The provisions of this Act shall be in addition to and not in derogation Effect on of the provisions of any other law for the time being in force; other (2) ln case the watershed or catchment areas encompasses theAnchai Laws. Reserved Forests, Protected Forest, Village Reserved Forest, Community Reserued Foresl, Wildlife Sanctuaries, National Park, Eco-Sensitive Zones (ESZS) and unclassed forests, the relevantAct(s) or Law(s) under which they were declared as such in regard to the protection and conservation oJ watershed or catchment areas shall prevail provided they are serving the interest of the catchment area protection. 8 The Arunachal Pradesh Extraordinary Gazette. Aptl 28,2023 (3) ln cases related to pollution of water sources, it shall be governed by the 'l,t ater (Prevontion and Control of Pollution) Act, 1974'. Power to 21 . (1) The Government may by notification make rules to carry out purposes make rules of this Act. (2) Without preJudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely: - (a) The manner and method of functioning of the Advisory Board/ District Board/Executive Committee/ VWSC: (b) Fees. if any, to be pard to non-official members and other persons connected with the functions of the Board: (c) The form and manner of application for permission to c€lrry on any activity non- detrimental to the catchment area; (d) The guidelines br the crmpetent authority to de3l with applications for permission; (e) The form and manner of notification to be issued regarding measures to be taken: (f) Theform and mannerof issuing notice licr entry upon anyland for inspection and verification: (g) The authorities and nodal agency to tmplement and monitor the implementation of the Act: (h) Supply or collection of information and data; and (i) Any other matter that ts required to be prescribed for the purpose of this Act. Power to 22. lf any difficulties anse in giving effect to the Provisions of this Act. the State rarove Government may by order not inconsistent with the provisions of thls Act, difficulties. remove the difficulties. Onit Panyang, IAS Commissionerto the Go ' vernment of Arunachal Pradesh. Itanagar. Published and Printed by Direclorate oI Pnnting, Naharlagun-'195,/202+OoP-250+Secy. (LA)-50+Commr (Law)- 50+Secy(PHE&WS)-5&4-2023