No headway even after framing of high level panel
Vital Act remains unimplemented due to Govt’s slackness
Mohinder Verma
JAMMU, June 11: Due to slackness on the part of the Government, Jammu and Kashmir Water Resources Regulatory Authority is lying defunct during the past nearly eight months as a result of which provisions of a vital legislation, which has been retained by the Ministry of Home Affairs in this Union Territory, have remained unimplemented.
The dilly-dallying approach is notwithstanding the fact that Government had itself constituted a high-level committee six months back for making selection of Chairperson and Members of the Authority.
In the year 2010, the then Government of Jammu and Kashmir had enacted Jammu and Kashmir Water Resources (Regulation and Management) Act for regulating water resources, ensuring judicious, equitable and sustainable management, allocation and utilization of water resources, fixing the rates for use of water and other connected matters.
Following enforcement of Jammu and Kashmir Reorganization Act, 2019, the then Chairperson of the Water Resources Regulatory Authority Pramod Jain and Members Kaneez Fatima and Ravi Magotra were deemed to have held office till October 31, 2019 as per the order of the General Administration Department dated November 21, 2019.
However, the Ministry of Home Affairs retained the J&K Water Resources (Regulation and Management) Act, 2010 in the newly created Union Territory for ensuring better management of the water resources.
This means that the Government of J&K had to appoint new Chairperson and Members of the Authority in terms of Section 141 of the Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010.
This Section read: “The Government, shall, for the purpose of selecting the Chairperson and Members of the Authority, constitute a select committee comprising Chief Secretary, Administrative Secretary of PHE, Irrigation and Flood Control Department, Administrative Secretary of the Planning and Development Department, Administrative Secretary of the Finance Department and Administrative Secretary of the Law Department”.
As per this provision, the Government vide Order No.239-JKGAD dated December 26, 2019 constituted a selection committee. However, since then there is no further development and the Authority is lying defunct during the past nearly eight months, official sources told EXCELSIOR.
This is notwithstanding the fact that the Act clearly states that Government shall, within one month from the date of occurrence of any vacancy by reason of death, resignation or removal of the Chairperson or Members make a reference to the selection committee for filing up of vacancy and the selection committee shall finalize the selection within two months from the date on which the reference is made to it, sources said.
“If the selection committee had made any recommendation what was the hurdle in infusing new lease of life in the Water Resources Regulatory Authority”, sources asked, adding “the delay in making appointment of Chairperson and Members of the Authority is notwithstanding the fact that on numerous occasions the Government felt the need of making all those bodies functional, whose functioning came to the grinding halt following enactment of Jammu and Kashmir Reorganization Act, 2019”.
In the absence of Chairperson and Members of the Authority, the vital legislation has remained unimplemented since October 2019. Even the officials posted in the Authority do not have any work to do in the absence of Chairperson and Members as all the decisions are required to be taken by the latter.
The importance of the Authority can be gauged from the fact that it has been entrusted with the task of fixing the priority for equitable distribution of water available at the resource, project, sub-basin and river basin levels during periods of scarcity; establish a water tariff system and fix the water usage charges for use of water on account of drinking purposes (domestic, commercial and industrial), irrigation of land, exploitation and use of ground water and generation of electricity; regulate use of water by the users and licensees from all water sources; adjudicate upon the disputes between the licensees and the department; specify or enforce standards with respect to quality, continuity and reliability of service by the department and the licensees; ensure satisfactory service on the part of the concerned department or agency to the users or licensees.
Moreover, the Authority is supposed to advise the Government in the promotion of competition for the optimum utilization of water resources; administer and manage inter-State water resources apportionment on river systems; approve and review water resources schemes and projects etc.
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