BANGLADESH WATER ACT, 2013, PART 2

CHAPTER IV

CONTROL ON WATER RESOURCES DEVELOPMENT AND MANAGEMENT

  1. Approval of National Water Resources Plan.—(1) 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 (Act No. XII of 1992).
  • In addition to the matters mentioned in the Water Resources Planning Act, 1992 (Act No. XII of 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 terJn;

(c) 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 w’ater quality standard;
  • basin-wise development plan; and
  • fixation of priority of water use.
  • Before submitting a National Water Resources Plan to the Council for approval under sub-section (I), the Executive Committee shall, through inter- ministerial discussion and exchange of view’s, make sure that such plan is appropriate and consistent with this Act. and with the National Water Policy.
  • The Executive Committee shall, after taking necessary measures under sub-section (3). pre-publish a draft of the plan in the official Gazelle for eliciting public opinion, and shall also take necessary steps for extensive publicity thereof through digital, electronic and print media.
  • Any person may. within 90 (Ninety) days from the date of pre­publication of the draft in the official Gazette under sub-section (4), submit or send any remark or suggestion on the National Water Resources Plan to the Executive Committee or to any officer or organization authorized in this behalf by it. in writing or through digital or any other means.
  • The Executive Committee shall, upon analysis and consideration of the remarks and suggestions, if any. received under sub-section (5), recast the National Water Resources Plan, and shall place it before the Council for approval.
  • The Council may, after having been satisfied with the rationales of the plan upon discussion in its meeting, approve it or make necessary changes in it or direct the Executive Committee to make necessary changes therein.
  • Upon approval by the Council, the Executive Committee shall publish the National Water Resources Plan in the official Gazette, and upload a copy thereof in the website of the Ministry of Water Resources.
  • Until National Water Resources Plan is adopted under sub-section (7). the National Water Management Plan made by the Water Resources Planning Organization immediately before the commencement of this Act, shall, subject to being consistent with this Act and with the National Water Policy, continue to have effect, mutatis mutandis.
  • The Executive Committee shall send a copy of the finalized National Water Resources Plan to all the organizations or appropriate authorities or local government institutions that arc involved in undertaking, making or implementing Water Resource Development Project, and request them to undertake or implement such project, in furtherance of this Act, and of the National Water Policy, and to remain within the limits of the National Water Resources Plan.
  • The request-letter made under sub-section (10) 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.
  • On finalization of the National Water Resources Plan under this Act, it shall create a binding obligation upon all the organizations or appropriate authorities or local government institutions to undertake, make or implement Water Resource Development Projects in accordance with the National Water Resources Plan.

Explanation: In this section, “basin” means the region across which water course created out of rain, ice or snow, flows and falls into any water source.

  1. Issuance of clearance certificate on Water Resource Development Projects.—(1) Notwithstanding anything contained contrary in any other law for the time being in force, all organizations of appropriate authorities or local government institutions that are involved in undertaking, making or implementing a Water Resource Development Project shall, for ensuring the consistency of such project with the National Water Resources Plan, require to submit, in such manner and on such condition as may be prescribed by rules, an application to the Executive Committee, prior to initiating such project.
  • After receiving an application under sub-section (1), the Executive Committee shall, examining the application and relevant project documents, make sure as to the consistency of the project with the National Water Resources Plan, and shall, after granting the application, issue a clearance certificate in such manner and on such condition as may be prescribed by rules, or if the application is rejected, shall inform the reason thereof.
  • If any organization or appropriate authority or local government institution, that is involved in undertaking, making or implementing any Water Resource Development Project, violates any condition of the clearance certificate or of any provision of this Act; the Executive Committee may, after having been sure about such violation by making necessary enquiry and by giving the concerned person a reasonable opportunity of being heard in the manner prescribed by rules, withdraw the clearance certificate issued in favor of such project, and may publish and publicize the fact of such withdrawal w idely in the print and electronic media.

CHAPTER V

CONTROL ON WATER USE AND PROTECTION AND
CONSERVATION OF WATER RESOURCES

  1. Declaration of Water Stress Area and management thereof.—(1) To

protect any water source or any aquifer, the Government may, on the recommendation of the Executive Committee made upon the results of necessary enquiry or scrutiny or survey, declare, by notification in the official Gazette, any area or any part thereof or any land connected thereto with such water resources as Water Stress Area for a period specified therein.

  • In the notification issued under sub-section (1), the boundary of the Water Stress Area shall be specified by referring the mouza map and plot numbers thereof.
  • For efficient management of the Water Stress Area, the Executive Committee may. subject to the provisions of this Act. impose restrictions by issuing a protection order.
  1. Preferential use of water in the Water Stress Area and exemption thereof.—(1) Notwithstanding anything contained contrary in any other law for the time being in force, abstraction and use of water from any Water Stress Area shall, subject to the availability of water therein, be made in accordance w ith the following order for the national interest and the interest of the local communities, namely:-
(a) use of water as potable;
(b) use of water in household;
(c) use of water in agriculture;
(d) use of water in aquaculture;
(e) use of water for balancing eco-system;
(0 use of water for wild life;
(g) use of water for natural river flow;
(h) use of water in industry;
(i) use of water for salinity control;
<j) use of water for power generation;
(k) use of water for amusement; and
(1) use of water for other purposes.
  • Depending on the socio-economic condition, and on the opinion of the general people, the Executive Committee may, by a notification in the official Gazette, change the order made in sub-section (1).
  • For the purposes of this section, availability of water in the Water Stress Area shall, by issuing a public notice in digital, print and electronic media, be widely published and publicized among the general people in the manner prescribed by rules.
  1. Fixing the lowest safe yield level of aquifer and restrictions on abstracting ground water.—(I) Notwithstanding anything contained contrary in any other law for the time being in force, the Executive Committee, on the basis of the results of necessary enquiry, scrutiny or survey, may, by notification in the official Gazette, fix the lowest safe yield level of any aquifer of any area.

(2) The boundary of the area, to which lowest safe yield level applies, shall be specified in the notification issued under sub-section (1) by referring the mouza map and plot numbers thereof.

  • Any person or appropriate authority may, subject to the lowest safe yield level, and the provisions of this Act or any other law for the time being in

:             force, sink shallow or deep tube-well, in the manner prescribed by rules, into the ground for abstracting ground water.

  • To ensure safe abstraction of water from aquifers, the Executive Committee may, subject to the provisions of this Act, impose restrictions by issuing a protection order.

Explanation: In this section “safe yield level’’ means the amount of abstraction of water that keeps the aquifer safe and protective.

  1. Ensuring normal flow of water course.—(I) No person or organization shall, without the permission of appropriate authority, stop natural flow of any water course or create obstacles to such flow or divert or attempt to divert the direction of any water course by constructing any structure, whether it is on the bank or not, of any water source, or by filling any water source or by extracting sand or mud from any water source:

Provided that for the interest of the development of a water source or of the prevention of erosion of bank thereof, any kind of structure on such water source may be constructed, or any water source may be fully or partly filled, on the basis of the result of necessary survey and with the permission of appropriate authority:

Provided further that, without prejudice to the generality of section 21, any Hood control embankment may, with the permission of the appropriate authority, be built in a water source to save the people and their properties from natural flood.

(2) For keeping flow of water course normal, the Executive Committee may, subject to the provisions of this Act, impose any restriction by issuing a protection order.

  1. Protection of flood control embankment.—(1) To ensure the sustainability of the flood control embankment, no person shall, without the permission of the appropriate authority, be allowed to construct any house, establishment or any other structure on, or on the slope of such embankment.
  • Notwithstanding anything contained in sub-section (1), to make the flood control embankment strong and to materialize the tree plantation program of the government, suitable trees may, subject to the existing guidelines, be planted alongside the embankment in a well organized and planned manner.
  • Notwithstanding anything contained in sub-section (1), a flood control embankment may, with the permission of appropriate authority, be used as a street or road for the best use of land thereof.
  • In violation of the provision of sub-section (1), if any person, without the permission of appropriate authority, constructs any house, establishment or other structure on flood control embankment, the Executive Committee may. Notwithstanding anything contained in any other law for the time being in force, issue a removal order in the manner prescribed by rules.
  • To ensure the sustainability of the flood control embankment, the Executive Committee may, subject to the provisions of this Act, impose any restrictions by issuing a protection order.
  1. Conservation of water source and management thereof.—(I)

Notwithstanding anything contained contrary in any other law for the time being in force, if it appears to the Executive Committee from the results of any enquiry, scrutiny or survey:—

  • that it is an urgent necessity to conserve the water of a dighi, pond, or any other similar water source as a source of potable water due to severe scarcity of such potable water for any natural or other reason; or
  • that it is an urgent necessity to conserve a haor. baor or any other similar water source for seasonal birds to stay or to move safely and to keep their sanctuary safe;

the Executive Committee may, by demarcating the boundary of the water source, issue a protection order to the owner or appropriate authority for the conservation of such water source as a source of potable water.

  • In the order issued under sub-section (1). the boundary of the water source shall be specified by referring the mouza map and plot numbers thereof.
  • The Executive Committee may. subject to the provisions of this Act.

impose any restriction by issuing a protection order for ensuring the proper management of the water source.                                                                                                     •

  1. Water zone demarcation and management thereof.—(1) Depending upon the results of necessary enquiry, the Executive Committee may, in consultation and coordination with relevant Ministries, Divisions, and organizations, demarcate, by notification in the official Gazette, any area into the following water zones, namely:—
  • industrial water zone;
  • agricultural water zone;
  • brackish water aquaculture zone; and
  • hatchery water zone.

(2) The Executive Committee may, subject to the provisions of this Act, impose restrictions by issuing a protection order for ensuring efficient management of the water zones mentioned in sub-section (I).

  1. Restrictions on water storing.—(1) No person shall, without the permission of the appropriate authority, and complying with the provisions of this Act, store water of any w ater source in any natural or artificial reservoir.

(2) The Executive Committee may, subject to the provisions of this Act, impose restrictions by issuing a protection order to control the activities of storing water.

  1. Declaration of flood control zone and management thereof.—(1) Depending upon the results of necessary enquiry or survey, the Executive Committee, for the interest of the people, may, by a notification in the official Gazette, declare any wetland as flood control zone to ensure easy passage of the flow of flood water.
  • In the notification issued under sub-section (1), the boundary of the flood control zone shall be specified by referring the mouza map and plot number thereof.
  • For the protection of flood control zones declared under sub-section (1), the Executive Committee may, by rules in general cases or by order in special cases, impose prohibition or condition on any activity that obstructs or diverts the flow of flood water through such zones.
  1. Restriction on abstraction of total water from any water source.— Notwithstanding anything contained contrary in any other law for the time being in force, no water of any water source shall be allowed to exhaust completely by abstraction:

Provided that the provision of this section shall not apply to abstraction of water from any private owned water source, subject to the provisions of this Act.

  1. Power to issue protection order and impose restrictions by it.—(1) Notwithstanding anything contained contrary in any other law for the time being in force, the Executive Committee may, in the manner prescribed by rules, issue and promulgate protection order, subject to the provision of section 42.

(2) Before issuing a protection order, the opinion of the local people of the concerned area requires to be taken into account by giving them an opportunity of being heard in the manner prescribed by rules.

  • The protection order shall, among other contents, also contain that, without reasonable ground, compliance of the protection order is mandatory, and non-compliance thereof is an offence punishable with imprisonment, and with compensation.
  • For the purposes of this section, the fact of the issuance of the protection order shall, by a public notice, be published and publicized widely for general people through digital, electronic and print media in the manner prescribed by rules.
  1. Water pollution control.—In the case of the prevention of w’ater pollution, the Bangladesh Environment Conservation Act, 1995 (Act No. I of 1995) shall apply.

Explanation: In this section, ‘”water pollution” means direct or indirect harmful changes of physical, chemical and organic properties of water.

CHAPTER VI

OFFENCE, PUNISHMENT AND TRI AL

  1. Punishment, fine and compensation for violating compliance order and protection order.—(I) Whoever willingly violates or ignores any compliance order or protection order issued under this Act, shall, subject to the provision of sub-section (2), be punished with imprisonment of cither description for a term which may extend to 5 (five) years or with fine which may extend to Taka 10 (ten) thousand or with both.
  • If any person willingly violates or ignores a compliance order or protection order for the first time, the Executive Committee or any officer authorized by it in this behalf may, notwithstanding anything contained in sub­section (I), exonerate the offender from the charges of first offence by imposing compensation on such ground or limit, and in such manner as may be prescribed by rules, and the second or subsequent violation thereof shall be deemed to be an offence under sub-section (1).
  • Prior to impose compensation under sub-section (2), the Executive Committee or any officer authorized by it in this behalf shall give the concern person a reasonable opportunity of being heard by giving notice in the manner prescribed by rules.

Explanation: In this section “compensation” shall not include the fine imposed by any court.

  1. Punishment of obstructions.—(1) Whoever willingly obstructs any officer or employee while discharging his duty under this Act, or willingly ignores or denies to give such officer or employee a reasonable opportunity of inspection in any institution, premises or project area, shall be punished with imprisonment of either description for a term which may extend to 5 (five) years or with a fine which may extend to Taka 10 (ten) thousand or with both.

(2) Whoever willingly fails or denies to present any register, file, or document to any officer discharging his duty under sub-section (1). or obstructs any person from appearing before or from giving depositions before such officer on duty, shall be punished with imprisonment of cither description for a term which may extend to 3 (three) years or with fine which may extend to Taka 2 (two) thousand or with both.

Explanation: In this section “obstruct” shall also include giving a threat.

  1. Punishment for giving false information.—Whoever intentionally and knowingly gives any false or distorted information or conceals any information, shall be punished with imprisonment of either description for a term which may extend to I (one) year or with fine which may extend to Taka 3 (three) thousand or with both.
  2. Trial of offence, cognizability, etc.—(1) Notwithstanding anything contained contrary in any other law for the time being in force, the offences punishable under this Act shall be triable by the Judicial Magistrate of the first class or Metropolitan Magistrate.
  • The offences punishable under this Act shall be bailable and non-cognizablc.
  • The offences punishable under this Act shall be triable in accordance with summary trail process.
  1. Application of the Code of Criminal Procedure.—Subject to the provisions of this Act, the Code of Criminal Procedure shall be applicable for the investigation, trial, appeal and other relevant matters of any offences punishable under this Act.
  2. Commission of offence by company or institution.—If an offence is committed under this Act. or any provision thereof is contravened by any company or institution, every director, executive, manager, secretary or any other officer or employee or representative of such company or institution involved with such offence or contravention shall be deemed to have committed such offence or made such contravention, unless he proves that such offence was committed or contravention was made beyond his knowledge or he tried his level best to prevent the commission of such offence or contravention.

Explanation: In ihis section—

  • “company or institution” shall include, whether incorporated or not, registered or not, any company, corporation, institution, partnership business, association, body of persons or organizations; and
  • “director” shall include partner or any member of the board of directors.
  1. Abetment of offence.—Whoever abates, or excites or instigates or provides assistance in committing an offence punishable under this Act shall be deemed to be guilty of the same offence like the offender, and shall be liable to the offence like the offender.
  2. To take cognizance of offence.—No court shall take cognizance of any offence punishable under this Act without a written complaint made by the Director General or any officer authorized by him in this behalf.

CHAPTER VII
MISCELLANEOUS

  1. Power to exempt the price of water.—Notwithstanding anything contained contrary in any other law for the time being in force, the Government may, in consultation with the appropriate authority, for the national and local interest, without discrimination, exempt, by notification in the official Gazette, any class of person or community, for a particular time or area, from paying the price of water used in household or normal agriculture.
  2. Use of information technology.—Subject to the provisions of Information and Communication Technology Act, 2006 (Act No. 39 of 2006). the information technology as defined therein may, in addition to the procedure laid down in this Act, be used in respect of anything to be done or power to be exercised or duty to be discharged thereunder.
  3. Delegation of power.—The Council may, by general or special order, delegate any of its power or function, if necessary and subject to the conditions fixed by it. to the Executive Committee or the Chairperson of the Executive Committee or the Director General or an inspector or to any other officer.
  4. Power of entry, calling for records, interrogation, etc.—For the

purposes of this Act. the Council, or the Executive Committee or any officer or inspector authorized in this behalf either by general or special order may exercise any one of the following powers, namely:—

  • to enter into any public or private land or project area, and to interrogate any person, or call for or scrutinize any record or any information;
  • to inspect such land or area or anything on the land or area; and
  • to inquire into or take sample of anything, or to conduct any survey on such land or area.
  1. Obligation to render cooperation to Water Resources Planning Organization.—Water Resources Planning Organization or any person authorized by it in this behalf may make a request to any public or private organization or statutory body or to any officer or employee thereof for rendering any cooperation in the performance of any function, or exercising any power under this Act, and the officer or employee of such organization or body shall, if so requested, render such cooperation.
  2. Service of order.—If any notice or order issued under this Act requires to be served upon any person, it shall be deemed to be properly served on such person, if:—
  • it is received by such person personally or by his agent;
  • it is sent by registered post to the last known abode or business address in Bangladesh of such person;
  • it is sent through or uploaded in electronic media: and
  • it is published and publicized in widely circulated national dailies.
  1. Mode of realizing money.—(1) If any compensation or any other money becomes due from any person under this Act. the Executive Committee may. subject to the provision of sub-section (2), realize such money in the manner prescribed by rules.

(2) For the purpose of realizing any money due under this Act from any person, the Executive Committee may, notwithstanding anything contained contrary dn any other law for the time being in force, make a request to any scheduled bank to freeze the bank account of such person.

  1. Right to information.—Subject to the provisions of the Right to Information Act. 2009 (Act No. 20 of 2009). every person shall be entitled to have such information as defined therein, with respect to anything done or any power exercised or any duly discharged or any action taken or any order passed by the Council or Executive Committee or by any officer so authorized under this Act.
  2. Power to make rules.—-The Government may. by notification in the official Gazette, make rules to carry out the purposes of this Act.
  3. Publication of English Authentic Text.—(1) After the commencement of this Act, the Government may. by notification in the official Gazelle, publish an Authentic English Text of this Act.

(2) In the event of any conflict between the Bangla text and the English text, the Bangla text shall prevail.

  1. Repeal and savings.—(1) As soon as the National Water Resources Council and the Executive Committee arc constituted under sections 4 and 9 respectively, all the notifications issued earlier relating to the formation of the National Water Resources Council and the Executive Committee shall he repealed, and the National Water Resources Council and the Executive Committee constituted by such notifications shall be dissolved.

(2) Notwithstanding such dissolution under sub-section (1). anything done or any action taken by such dissolved National Water Resources Council or, as the case may be, by such Executive Committee shall be deemed to have been done and taken under this Act, and shall, subject to being consistent with this Act, continue to be in force.

By order of the President

Mohammad Shahidul Haque

Secretary.

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