The Water Act, 2013

Water Resources Planning Act, 1992

Department/authority under The Water Act,

2013
 National Water Resources Council
 the Water Executive Committee
Court System:

S.2(14)"water resources":
"water resources" means
 any surface water
 ground water
 rain water i.e water in the atmosphere; and
shall also include water of
i. estuary,
ii. aquifer,
iii. flood-plain,
iv. wetland
v. reaervoir
vi. foreshore
vii. coast, and
viii. water of any other similar reservoirs or
places;
Ownership: s.3(1)
 All forms of water e.g., surface water,
ground water, sea water, rain water and
atmospheric water within the territory of
Bangladesh belong to the government on
behalf of the people.
Ownership of water in private land: S.3(3)
 All rights over the surface water on any private
land shall remain with the owner of such land
and the owner can enjoy rights over such water
but subject to the provisions of this Act.

Functions, powers and responsibilities

National Water Resources Council/ the
highest decision making body: S.4-8
the Council shall have the following functions,
namely:-
(1)to make policies and give instructions
 for integrated development of water resources
 for proper use of water resources
 for safe abstraction of water resources
 for proper distribution of water resources
 for proper protection of water resources
 for proper conservation of water resources
water resources
(2)to give instructions in respect of making
National Water Resources Plan for ensuring
integrated development of water resources.
(3)to approve the National Water Resources Plan
and ensure implementation such plan
(4)to perform such other functions determined by
council
(5)to give advice to the Government to enter into
any memorandum of understanding, agreement,
convention, treaty or any other similar instrument
with any foreign country, government, or
international or regional organization for giving full
effect to the cooperation mentioned below:

The Government may, in consultation with the

Council, exchange any of the following cooperation
with any foreign country, government,
international or regional organization, namely
  to exchange and assess any information and
data in respect of common water resources;
 to undertake joint survey, study, and research
on international rivers, and joint measures for
preventing chemical and organic pollution
[Joint river commission between BD and India]
 to take measures
i. for the development of water resources,
and
ii. for the abstraction and distribution of
water of international river; or
 to organize educational and training program
on water resources.
(6) Power to adopt National Water Policy

S.2(17) and S.17: Water Stress Area

To protect any reseevoir or any aquifer, the
Government may, on the recommendation of the
Executive Committee declare any area or any part
thereof or any land connected to such water
resources as Water Stress Area for a specific
period.

For efficient management of the Water Stress Area,

the Executive Committee may impose restrictions
by issuing a protection order.
Preferentiality in using the water of the
Water Stress Area:
abstraction and use of water from any Water Stress
Area shall be made in accordance with the
following order namely
 use of water as potable
 use of water in household
 use of water in agriculture:
 use of water in aquaculture;
 use of water for balancing eco-system:
 use of water for wild life:
 use of water for maintaining river flow;
 use of water in industry.
 use of water for salinity control:
 use of water for power generation;
 use of water for amusement; and (1) use of
water for other purposes. (PH AGAC BAL Wild
Ma InSaP Amu)
the Executive Committee may change the order.
Functions, powers and responsibilities of
Executive Committee: S.9-14
The Executive Committee shall have the following
duties and responsibilities, namely:
 to publish, circulate, monitor and evaluate the
instructions issued and recommendations
made by the Council on water resources
 to publicize, monitor and evaluate the National
Water Policy and the National Water Resources
Plan
 to take initiatives with regard to any
planning, management and inter-sector
coordination on water resourcess
 to keep the Council periodically informed with
regard to the issues on water resource
management, and give advice to the council
 to coordinate among the appropriate
authorities, to formulate policies regarding
inter-sector disputes, and to resolve the inter-
sector disputes and to issue instructions and
 to perform such other duty as may be assigned
to it by the Council.
Other powers and functions:
(1)Compliamce order: S.12
  It has power to issue compliance order to any
person or appropriate authority not complying
with or violating or attempting to violate
i. any provision of sections 18-22, 24 and
26 or
ii. any stipulation of any clearance certificate
or
iii. any restrictions or stipulation of any
protection order.
 It has power to call for the Head of such
authority to explain the reasons of not
complying with such provisions and conditions
and and if such reason explianed is not
satisfactory, the Executive Committee may,
identifying person liable thereof, recommend
the Council to take necessary action against
such person.
(2)Removal order: S.13
It has Power to issue removal order if any person or
appropriate authority makes any construction or
carries on land filling activities on water resources
in violation of any provision of this Act or in
violation of any prohibition and condition of any
protection order or of any clearance certificate for
removing the infrastructure, or land filling
materials or elements within the time specified in
such order.
The Committee shall have power to remove such
infrastructure or land filling materials from the
water source and may realize all the costs
incurred for such removal of infrastructure or land
filling materials from the person liable for making
such infrastructure or carrying on land filling
activities if the concerned authority disobeys the
removal order

Contents of compliance order:

the Executive Committee or any officer authorized
by it in this behalf shall give the concerned person
or authority a reasonable opportunity of being
heard.
The issuance of the compliance order may be
published and publicized in the electronic and print
media.
  full identity, with name and address, of the
person violating the provisions or conditions
 reference of the provisions or conditions
violated;
 time-limits of compliance
 abidance of the compliance order is mandatory
and non-compliance thereof is an offence
punishable with imprisonment, and with
compensation.
 any other necessary matters specified by the
Executive Committee.

Contents of removal order:

the Executive Committee or any officer authorized
by it in this behalf shall give the concerned person
or authority a reasonable opportunity of being
heard.
The issuance of the removal order may be
published and publicized in the electronic and print
media.
  full identity, with name and address, of the
person making the infrastructure or carrying on
land filling activities:
 description of the illegal infrastructure or land
filling activities
 time-limits of removal, and
 any other matters to be specified by the
Executive Committee.

(3)Protection order to the owner of private

land:
The Executive Committee may issue a protection
order to the owner of private land
 for preventing the wastage and
 for prevwnting misuse of water, and
 for protection and conservation such water of
private land ownee
(4)Water Stress Area:
Imposition of restrictions by issuing a
protection order in respect of Water Stress
Area:
Recommendation any area to be declared as
Water Stress Area
  For efficient management of the Water Stress
Area, the Executive Committee may impose
restrictions by issuing a protection order.
 The commmittee may recommend any area or
any part thereof or any land connected to
water resources to be declared as Water Stress
Area

CONTROL ON WATER RESOURCES

DEVELOPMENT AND MANAGEMENT:
Approval of National Water Resources Plan
 As soon as possible, after the commencement
of this Act, the Water Resources Planning
Organization shall, through the Executive
Committee, place for approval before the
Council a draft of the National Water
Resources Plan prepared in accordance with
the Water Resources Planning Act, 1992
 Until National Water Resources Plan is adopted
under water Act, the National Water
 Management Plan made by the Water
Resources Planning Organization immediately
before the commencement of this Act, shall
continue to have effect.
Matters of plan:
In addition to the matters mentioned in the Water
Resources Planning Act, 1992 the National Water
Resources Plan shall contain the following matters,
namely:-
 description of water resources with present
geographical location and mouza map
 analysis of economic, natural, social, political,
environmental, and ecological and institutional
elements, characteristics, and impacts of water
resources;
 scientific analysis of all data and information
on water resources
 development of overall planning, infrastructure
for abstraction, distribution, use, protection
and conservation of water resources, and
formulation of instructions thereof for short,
medium and long term,
 coordination with concerned Ministries,
Divisions and organizations involved in the
management of water resources
 present and future use of water resources
  integrated use of surface and ground water
emphasizing the highest possible use of rain
water,
 assessment of availability of water
 determination of water quality standard
 basin-wise development plan; and
 fixation of priority of water use.
Procedure before placing for Approval:
 Before submitting a National Water Resources
Plan to the Council for approval, the Executive
Committee shall make sure that such plan is
appropriate and consistent with this Act and
with the National Water Policy
 then The Executive Committee shall pre-
publish a draft of the plan in the official
Gazette for public opinion, and shall also take
necessary steps for extensive publicity thereof
digital, electronic and print media.
 Any person may submit or send any remark or
suggestion in this regard to the Executive
Committee or to any officer or organization
authorized
i. in writing or through digital or any other
means.
ii. within 90 (Ninety) days from the date of
pre- publication of the draft in the official
Gazette
  then The Executive Committee shall, upon
analysis and consideration of the remarks and
suggestions received recast the National
Water Resources Plan and shall place it before
the Council for approval.
Council’s power in this regard:
The Council may
 approve it or
 make necessary changes in it or
 direct the Executive Committee to make
necessary changes therein.
After approval:
(1)Upon approval by the Council, the Executive
Committee shall publish the National Water
Resources Plan in the official Gazette, and
upload a copy of it in the website of the
Ministry of Water Resources
(2)The Executive Committee shall send a copy of
the finalized National Water Resources Plan
 to all the organizations or appropriate
authorities or to local government institutions
that are involved in undertaking, making or
implementing Water Resource Development
Project, and
shall request them to undertake or implement
such project, in furtherance of this Act, and of the
National Water Policy, and request them to
remain within the limits of the National
Water Resources Plan.
And the obligation created by the plan is binding
on the organizations or appropriate authorities or
to local government institutions in case of
undertaking, making or implementing Water
Resource Development Projects
(3) The request-letter made to the authorities and
organizations shall also contain among other
contents that compliance with the provisions of this
Act, or with the condition of a clearance certificate,
or with the prohibition and condition of a protection
order is mandatory, and non-compliance thereof
without any reasonable ground is an offence
punishable with imprisonment, and with
compensation.

Issuance of clearance certificate on Water

Resource Development Projects: S.16
Submission of application:
prior to initiating a Water Resource Development
Project,
all organizations or appropriate authorities or local
government institution must submit an application
to the Executive Committee for ensuring the
consistency of such project with the National Water
Resources Plan.

Granting application and issuance of clearance

certificate
 If the project is consistent with the National
Water Resources Plan and the committee is
satisfied, The Executive Committee shall grant
the application and issue a clearance
certificate
Rejection:
The Executive Committee may reject the
application and it shall inform the reason of
rejection
Withdraw the clearance certificate issued
If any organization or appropriate authority or local
government institution violates any condition of
the clearance certificate or of any provision of this
Act,
  the Executive Committee may withdraw the
clearance certificate issued and may publish
and publicize the fact of such withdrawal
widely in the print and electronic media.
 before withdrawal, the Committee
i. must be sure of such violation and
ii. shall make necessary enquiry and
iii. shall give the concerned person a
reasonable opportunity of being heard.

Trial of offence under Water Act, 2013:

S.32,33
  the offences punishable under this Act shall be
triable by the Judicial Magistrate of the first
lass or Metropolitan Magistrate.
 No court shall take cognizance of any offence
without a written complaint made by the
Director General or any officer authorized
by him in this behalf. [S.36]
 The offences punishable under this Act is
bailable and non-cognizable.
 The offences punishable under this Act shall be
triable in accordance with summary trail
process.
 The code of Criminal Procedure will be
applicable

Offences: S.29
 Violation of any compliance order
 Violation of any proyection order
 ignoring any compliance order or
 ignoring any protection order
First time offender: compensation: S.29
 instead of giving punishment, the Executive
Committee or any officer authorized may
exonerate the offender from the charges of
first offence and impose compensation for such
offence.
  Prior to impose compensation, the Executive
Committee or any officer authorized shall give
the concern person a reasonable opportunity of
being heard.
 "compensation" shall not include the fine
imposed by any court
 the second or subsequent violation or ignoring
shall be deemed to be an offence mentioned
above

Punishment: S.29
 imprisonment upto 5 years or
 fine upto 10 thousand/ or
 both

Other offences: (1) Punishment for giving false

information-S.31
 upto 1 year or
 fine upto 3 thousand or
 with both.

(2)S.30
(A)
  obstructing any officer or employee while
discharging his duty under this Act
 wilful ignoring or denial to give such officer or
employee to inspect any institution premises or
project area
Punishment:
 imprisonment upto 5 years or
 fine upto 10 (ten) thousand or
 with both
(B)
 willingly failure or denial to present any
register, file, or document to any officer
discharging his duty or
 willingly obstructing or trying to obstruct any
person from appearing before such officer or
from giving depositions before such officer
Punishment:
 Imprisonment upto 3 years or
 Fine upto 2 (two) thousand or
 with both.

Commission of offence by company or

institution: 34
 contravention of any provision of this Act shall
make every director, executive, manager,
 secretary or any other officer or employee or
representative of such company or institution
liable unless
i. he proves that such offence was ommitted
or contravention was made beyond his
knowledge or
ii. he tried his level best to prevent the
commission of such offence or
contravention.
Abettor: S.35
An abettor shall be liable to the offence like the
offender.