Andhra Pradesh Water Resources Regulatory Commission Act, 2009

{
    "id": 14864,
    "slug": "andhra-pradesh-water-resources-regulatory-commission-act-2009-2009",
    "title": "Andhra Pradesh Water Resources Regulatory Commission Act, 2009",
    "short_title": "Andhra Pradesh Water Resources Regulatory Commission Act, 2009",
    "act_number": "(Act No. 15 of 2009)",
    "act_year": 2009,
    "act_type": "STATE",
    "location": "Andhra Pradesh",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Andhra Pradesh Water Resources Regulatory Commission Act, 2009",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "Object & Reasons 6\nStatement of Objects and Reasons.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"Category of Use\" means use of water for different purposes such as for domestic, agricultural irrigation, agro-based industries, industrial or commercial, environmental, etc., and includes such other purposes as may be prescribed;\n(b) \"Chairperson\" means the Chairperson of the Commission;\n(c) \"Commission\" means the Andhra Pradesh Water Resources Regulatory Commission established under Section 3;\n(d) \"Government\" or \"State Government\" means the Government of Andhra Pradesh;\n(e) \"Irrigation Project\" means a project constructed to provide irrigation facilities to the land situated in the command area in accordance with the project reports and orders issued in this regard, as revised from time to time;\n(f) \"Member\" means a Member of the Commission and includes the Chairperson;\n(g) \"Notification\" means a notification published in the Andhra Pradesh Gazette and the word notified shall be construed accordingly;\n(h) \"Prescribed\" means prescribed by rules made under this Act;\n(i) \"Selection Committee\" means a Selection Committee constituted under Section 5;\n(j) \"State\" means the State of Andhra Pradesh;\n(k) \"Water Users' Association\" means a Water Users' Association formed at the minor level or above, under the Andhra Pradesh Farmers Management of Irrigation Systems Act, 1997;\n(l) \"Water Users Association, or \"Distributary Committee\" or \"Project Committee\" means the Committees constituted under the Andhra Pradesh Farmers Management of Irrigation Systems, Act, 1997 (A.P.Act No. 11 of 1997).\nChapter II\nAndhra Pradesh Water Resources Regulatory Commission",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Establishment and Incorporation of Commission.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Qualifications for appointment and the manner of selection of members.",
            "chapter": null,
            "content": "(a) The Chairperson shall be a person who is or who was of the rank of Chief Secretary of the State or equivalent thereto or a person of eminence in the field of water resources management with proven track record.\n(b) One Member shall be expert from the field of water resources engineering.\n(c) One Member shall be expert from the field of water resources economy.\n(a) experts who are having adequate knowledge, experience or proved capacity in dealing with the problems relating to engineering, agriculture, drinking water, industry, law, economics, commerce, finance or management for assisting the Commission in taking policy decisions.\n(b) Members from farmers Organisations with in the State.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Constitution and functions of Selection Committee.",
            "chapter": null,
            "content": "(a) The Chief Secretary of the State - Ex-officio Chairperson.\n(b) Special Chief Secretary/Principal Secretary/Secretary to Government of the following departments shall be the Ex-Officio Members, -\n(i) Finance\n(ii) Planning\n(iii) Irrigation and Command Area Development - Convener",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Term of office of members.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Salaries and allowances of members.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Conditions of service.",
            "chapter": null,
            "content": "(a) relinquish the office by giving in writing to the Government, notice of not less than three months; or\n(b) be disqualified from his office in accordance with the provisions of Sections 9 and 10.\n(a) not be eligible for further employment under the Government for a period of two years from the date the person ceases to hold such office:\n(b) not accept any commercial employment for a period of two years from the date the person ceases to hold such office.\n(i) \"Employment under the Government\" includes, employment under any local or other authority within the territory of Andhra Pradesh or under the control of the Government or under any corporation or society owned or controlled by the Government.\n(ii) \"Commercial Employment\" means employment in any capacity under, or agency of, a person engaged in trading, commercial, industrial or financial business in the water Resources Sector and also includes a director of a company or partner of a firm and also includes setting up practice either independently or as partner of a firm or as an adviser or a consultant.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Disqualifications for being a member of the Commission.",
            "chapter": null,
            "content": "(a) if the person is of unsound mind or has become physically incapable of performing his duties.\n(b) if the person is an un-discharged in solvent,\n(c) if the person has been convicted of an offence involving moral turpitude,\n(d) if the person has such financial or other interest as is likely to affect pre-judicially his functions as a Member of the Commission,\n(e) if it is proved beyond reasonable doubt that the person has so abused his position as to render his continuance in office prejudicial to the public interest.\n(f) if he acts prejudicial to the public interest and Government directions.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Conflict of interest to disqualify members.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Power of Government to depute Officers and employees to Commission and their service conditions.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Proceedings of Commission.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Vacancies, etc., not to invalidate act or proceedings.",
            "chapter": null,
            "content": "Chapter III\nPower, Functions and Duties of the Commission",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Powers, functions and duties of the Commission.",
            "chapter": null,
            "content": "(1) (a) To determine the water requirement for various categories of users (such as irrigation, municipal/rural drinking water/industry etc.) on a yearly/ season basis.\n(b) To determine the requirement of irrigation water for the various levels of Farmers Organizations (namely, Project Committee, Distributory Committee and Water User Association) based on the cropping pattern approved by the project authorities on a yearly/season basis and implement the same.\n(2) (a) To determine the adequate operation and maintenance (O&M) cost of irrigation/multipurpose water projects, (b) The State shall ensure provisions for full operation and maintenance requirements of such projects as determined by the Commission, through an appropriate budgetary support, to ensure that the quality of the service delivery is not allowed to suffer for want of systems Operation and Maintenance needs.\n(3) To promote efficient management of irrigation water:\n(a) Providing Guidelines/Procedures/ modalities for plough back of operation and maintenance amount to the farmers organizations for the operation and maintenance of the irrigation systems as well as standards of services,\n(b) Monitoring the technical standards for operation and maintenance, cyclical repairs and minimum rehabilitation of irrigation system,\n(c) Ensure that the principle of \"tail to head\" irrigation is implemented by the project authorities.\n(4) To promote efficient use of water resources and minimizing wastage of water by:\n(a) Fixing and monitoring implementation of stipulated quality standards for management of water resources by various water users/ departments and recommend actions against violations.\n(b) Fixing and monitoring implementation of stipulated quality standards for the services to be provided by various water resources service providers and recommend actions against violations,\n(c) Fixing and monitoring implementation of stipulated quality standards for disposal of waste water by various water users and recommend actions against violations,\n(d) Fixing and monitoring implementation of stipulated standards for protection of all water resources in the State including pollution,\n(e) Supporting and aiding enhancement and preservation of water quality within the State in close coordination with the relevant State Agencies and in doing so following the principle that \"the person who pollutes shall pay\".\n(5) To ensure publication of an annual report containing following information by project authorities:\n(a) Irrigation status containing all statistical data relating to irrigation including details of the project wise irrigation potential and its actual utilization, water user efficiency and productivity relating to the projects.\n(b) Benchmarking of irrigation/ multipurpose water projects to identify projects with best management practices for emulation by other projects.\n(c) Water Audit or Irrigation/ multipurpose water projects giving a systematic and scientific water account of the projects.\n(6) (a) The Commission shall devise a suitable mechanism for financial incentives/disincentives to the farmer's organizations and other water users for ensuring delivery of services to their members as per the determination.\n(b) The Commission shall in case of non-compliance of the specific directions in discharge of the powers under this Act, recommend to the Government suitable disciplinary action against such Government officials.\n(7) To perform any other powers, functions and duties as assigned to the commission by the State Government by notification.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. General policies of the Commission.",
            "chapter": null,
            "content": "Chapter IV\nAccounts, Audit and Reports",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Grants and advances to Commission.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Budget of Commission.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Accounts of Commission.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Annual Reports of Commission.",
            "chapter": null,
            "content": "Chapter V\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. General Powers of the State Government.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Members, officers and other staff of commission to be public servants (Central Act 45 of 1860).",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Protection of action taken in good faith.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Power to make Rules.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Dispute Resolution Mechanism.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Powers of Commission to make regulations.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 19th August, 2019 [ap390]",
        "Act Number": "(Act No. 15 of 2009)",
        "Enactment Date": "",
        "Act Year": "2009",
        "Short Title": "Andhra Pradesh Water Resources Regulatory Commission Act, 2009",
        "Type": "STATE",
        "Location": "Andhra Pradesh"
    },
    "updated_at": "2026-09-29 21:55:18"
}