BANGLADESH WATER ACT, 2013, PART 1

Government of the People’s Republic of Bangladesh
Ministry’ of Law, Justice and Parliamentary Affairs
Legislative and Parliamentary Affairs Division

NOTIFICATION

Dated the 06 November, 2013

S.R.O.No.348-Law/2013—In exercise of the powers conferred by section 46 of the Bangladesh Water Act, 2013, the Government is pleased to publish the following English translation of the Act to be called the Authentic English-Text of the Act, and it shall be effective from the date on which the Act comes into force under sub-sections (2) and (3) of section I of the Act:

BANGLADESH WATER ACT, 2013
(ACT NO. 14 OF 2013)

An Act to make provisions for integrated development, management, abstraction, distribution, use, protection and conservation of water resources.

WHEREAS it is expedient and necessary to make provisions for the integrated development, management, abstraction, distribution, use, protection and conservation, of water resources;

THEREFORE it is hereby enacted as follows:-

CHAPTERI
PRELIMINARY

  1. Short title, commencement and application.—(1) This Act may be called the Bangladesh Water Act, 2013.
  • This Act shall come into force on such date as the Government may, by notification in the official Gazette, appoint, and different dates may be appointed for different sections of this Act.
  • This Act shall be applicable for such areas as the Government may, by notification in the official Gazette, specify and different areas may be specified for different sections of the Act.
  1. Definitions.—In this Act, unless there is anything repugnant in the subject or context,-
  • “appropriate authority” means any organization or authority, established or formed under any law or any instrument having the force of law, and involved in extracting water, distributing water, rendering service of water, or protecting or conserving any water resources;
  • “khal” means any passage of inflow and outflow of water;
  • “clearance certificate” means any certificate issued by the Executive Committee under section 16;
  • “water course” means flow of water from any water source;
  • “water source” means any natural or manmade river, canal, beel, haor, baor, pond, lake, water-fall or any other similar watdr source;
  • “wetland” means any land where water remains at the level of surface or close to it and which inundates with shallow water from time to time, and where grows such plants that may usually grow and survive in marsh land;
  • “National Water Policy” means any national water policy adopted as such by the Government from time to time;
  • “National Water Resources Plan” means the water resources plan approved by the Council under section 15;
  • “Executive Committee” means the committee constituted under section 9;
  • “control” shall also include imposing ban, restrictions, and conditions;
  • “inspector” means any officer or employee authorized as such under section 14;
  • “Council” means the National Water Resources Council constituted under section 4;
  • “water” means any water mentioned in sub-section (1) of section 3;
  • “water resources” means any surface water, ground water and rain water, i.e. water in the atmosphere; and shall also include water of estuary, aquifer, flood-plain, wetland, water source, foreshore, coast, and any other similar reservoirs or places;
  • “Water Resource Development Project” means any activity, program or initiative taken for the development of any water resources, such as: any hydraulic infrastructure for irrigation, flood control management and drainage, protection of river bank, dredging or any other similar activity, program or initiative;
  • “Water Resources Planning Organization” means the Water Resources Planning Organization established under Water Resources Planning Act. 1992 (Act No. 12 of 1992);
  • “Water Stress Area” means any area declared as such under section 17;
  • “aquifer” means a layer lying in-between the saturated soil or rock layer beneath the ground surface which can store and transmit water and from where water can be pumped;
  • “compliance order” means any order issued under section 12;
  • “foreshore” means any part of land lying in-between the low water mark and high water mark during ordinary spring tide of a year, and in the case of river or sea port area as defined in Ports Act, jl908 (Act No. XV of 1908), any part of land thereof which is 50 meters extended from the highest level of water to river bank, and in the case of areas other than river or sea port, any part of land thereof which is 10 meters extended from the highest level of water;
  • “Code of Criminal Procedure” means the Code of Criminal

Procedure, 1898 (Act V of 1898);

  • “baor” means any kind of ox-bow shaped lake where water course has become stagnant in course of time;
  • “embankment” means any dam, wall, dyke, protection dam or any other similar embankment made of earth or similar elements;
  • “beel” means any natural low land or round area which gets inundated by rain water or river water, and which remains inundated over the year or partially or entirely remains dry for a certain period of a year;
  • “person” means any natural person, and shall also include any institution, company, association, partnership, firm or statutory institution or any other similar organization;
  • “ground water” means any water underneath the soil which flows through aquifers and is abstractable onto the surface by natural or artificial process;
  • “surface water” means any water on the surface of water source;
  • “land” means any land as defined under section 2(16) of the Slate Acquisition and Tenancy Act, 1950 (EB Act No. XXV1I1 of 1950);
  • “Director General” means the Director General of Water Resources Planning Organization;
  • “estuary” means a water course which constantly and periodically flows from land towards sea and mixes with sea water, the extent of which is assessable;
  • “Government” means, for the purposes of this Act, the Ministry of Water Resources;
  • “conservation” includes the increase in efficacy of, decrease in misuse of, and damage to, preservation and protection of. any water resources;
  • “protection” means imposition of ban and restrictions or conditions for the conservation of any water Resources;
  • “protection order” means any order issued under section 27; and
  • “haor” means any saucer shaped large shallow depression created naturally in-between two separate rivers.
  1. Right to water and use thereof.—(1) Notwithstanding anything contained contrary in any other law for the time being in force, all rights over the following water within the state territory shall, on behalf of the people, vest upon the State:—
  • surface water;
  • ground water;
  • sea water;
  • rain water; and
  • water in the atmosphere.
  • Subject to the provisions of this Act, right to potable water, and to water for hygiene and sanitation shall be treated as the highest priority right.
  • Notwithstanding anything contained in sub-section (1), all rights over the surface water on any private land shall remain with the owner of such land, and such rights to use the water shall, subject to the provisions of this Act. be continued to be enjoyed:

Provided that the Executive Committee may, for preventing the wastage and misuse of water, and for protection and conservation thereof, issue a protection order to the owner of such private land without discrimination.

  • Nothing of sub-scction (1) shall prevent any person from using any water allowed earlier under any Act. rule or regulation, or any custom or ritual having the force of law. or any accord, license or permit that were in force prior to the commencement of this Act: and such use thereof shall remain uninterrupted until it is restricted or prohibited or controlled on or cancelled under this Act:

Provided that, right to such use of water shall not be transferable except the permission of the appropriate authority.

  • For the convenience of the use of water under sub-section (3), every individual shall have easement on any public or private land:

Provided that, no owner of the land near to the bank of any water source shall have any right to its bottom, and foreshore.

CHAPTER II

NATIONAL WATER RESOURCES COUNCIL AND
ITS POWERS AND FUNCTIONS

  1. National Water Resources Council.—(I) For the purposes of this Act. there shall be a council to be called the ‘National Water Resources Council’, and the Government may, as soon as possible, after the commencement of this Act. by notification in the official Gazette, constitute the Council comprising the following members, namcly:-
  • the Prime Minister, who shall also be the Chairperson of the Council;
  • Minister, Ministry of Finance;
  • Ministry of Agriculture;
  • Ministry of Planning;

(c) Minister. Ministry of Local Government, Rural Development and Cooperatives;

  • Minister, Ministry of Law. Justice and Parliament Affairs;
  • Minister, Ministry of Land;
  • Ministry of Water Resources;
  • Minister, Ministry of Foreign Affairs;
  • Ministry of Fisheries and Livestock;
  • Ministry of Shipping & Inland Water Transport;
  • Minister, Ministry of Environment and Forest;
  • State Minister, Ministry of Water Resources (if any);
  • Chairman, Standing Committee for the Ministry of Water Resources;
  • Cabinet Secretary;
  • Principal Secretary, Prime Minister’s Office;
  • one member of Parliament from each of the administrative Divisions, to be nominated by the Prime Minister:
  • Senior Secretary or Secretary . Ministry of Land;
  • Senior Secretary or Secretary. Economic Relation Division;
  • Senior Secretary or Secretary, Ministry of Fisheries and Livestock;
  • Senior Secretary or Secretary , Ministry of Agriculture;
  • Senior Secretary or Secretary, Ministry of Environment and Forest;
  • Senior Secretary or Secretary. Local Government Division;
  • Senior Secretary or Secretary. Ministry of Foreign Affairs;
  • Senior Secretary or Secretary. Legislative and Parliament Affairs Division;
  • Agriculture, Water Resources and Rural Development Division of Planning Commission;

(aa) Director General, Bangladesh Water Development Board; 1

(bb) Director General, Water Resources Planning Organization;

(cc) Member, Joint River Commission:

(dd) President. Institute of Engineers, Bangladesh;

(ec) President. Institute of Diploma Engineers, Bangladesh;

(ff) three Water Resource Experts to be nominated by the Prime Minister;

(gg) one representative from Non-government Organizations (NGO). to be nominated by the Prime Minister; and

(hh) Senior Secretary or Secretary. Ministry of Water Resources, who shall also be the Member-secretary of the Council.

  • The tenure of the nominated members of the Council shall be 2 (two) years, but any nominated member may. at any time before the completion of such tenure, resign his post writing under his hand addressing to the Prime Minister, and the post shall fall vacant from the day of acceptance of the resignation letter by the Prime Minister.
  • The Government may, if necessary, by notification in the official Gazette, increase or decrease the number of Members of the Council.
  1. Functions of the Council.—For the purposes of this Act and subject to its provisions, the Council shall he the highest decision making body, and in this behalf, the Council shall have the following functions, naincly:-
  • to make policies, and give instructions for integrated development of, proper use of. safe abstraction of, proper distribution of, proper protection of, and proper conservation of, water resources;
  • to give instructions in respect of making National Water Resources Plan, for ensuring integrated development of water Resources;
  • to approve the National Water Resources Plan, and ensure

.                   implementation thereof; and

  • to perform such other functions as may he determined by the C,’ouncil.
  1. Meeting of the Council.—(I) The Council shall, subject to the provision of sub-section (2), determine the working procedure of its own meeting.
  • The Member-secretary of the Council shall convene every meeting of the Council at such venue and on such time as may be determined by the Chairperson.
  • The meetings of the Council shall be presided over by the Chairperson or in his absence, the senior most member of the Council.
  • No act or proceedings of the Council shall be invalid or called in question, merely on the ground of any vacancy in the office of any member or any defect in the constitution of the Council.
  1. xchange of international and regional Cooperation.—(1) Subject to the provisions of this Act and of any other law for the time being in force, the Council may, for giving full effect to the cooperation mentioned under sub­section (2), 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.
  • The Government may, in consultation with the Council, exchange any of the following cooperation w ith 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 thereof:
  • to take measures for the development of water resources, and for the abstraction and distribution of water of international river; or
  • to organize educational and training program on water resources.
  1. Power to adopt National Water Policy.—(1) The Government may, from time to time, subject to the provision of sub-section (2). by notification in the official Gazelle, adopt a National Water Policy.
  • The Government may, in order to formulate National Water Policy mentioned in sub-section (1), make arrangement for public hearing in the manner prescribed by rules, to take opinions of the communities and organizations concerned with water resources, and shall, by taking due consideration of the opinions received in public hearing, finalize the National Water Policy.
  • In the National Water Policy, the Government may include the policies of pricing of water to be determined by the appropriate authorities, and in doing so, the Government shall, along with other relevant issues, consider the following issues, namely:-
  • purpose, and sectors of w ater use;
  • affordability of the water users;
  • actual cost of w ater abstraction and distribution;
  • financial ability and backwardness of water users or any group thereof;
  • demand and supply of water; and
  • any other issues considered relevant by the Government, i
  • Until a National Water Policy is adopted under sub-section (1). the National Water Policy, which was adopted by the Government immediately before the commencement of this Act. shall remain in force subject to being consistent with the provisions of this Act.

CHAPTER III

EXECUTIVE COMMITTEE AND ITS DUTIES,
RESPONSIBILITIES AND POWERS

  1. Executive Committee.—There shall be an Executive Committee of the Council for the efficient performance of its functions, and the Executive Committee shall consist of the following members, namcly:-
  • Minister, Ministry of Water Resources, who shall also be its Chairperson;
  • Minister, Ministry of Local Government. Rural Development and Cooperatives;
  • Ministry of Agriculture:
  • Ministry of Environment and Forest;

(e > Minister. Ministry of Fisheries and Livestock;

(0 Minister, Ministry of Land;

  • State Minister, Ministry of Water Resources (If any);
  • Agriculture. Water Resources and Rural Development Division of Planning Commission;
  • Senior Secretary or Secretary, Ministry of Agriculture;
  • Senior Secretary or Secretary. Local Government Division;
  • Senior Secretary or Secretary, Legislative and Parliament Affairs Division;
  • Senior Secretary or Secretary, Ministry of Water Resources;
  • Senior Secretary or Secretary, Ministry of Fisheries and Livestock;
  • Senior Secretary or Secretary, Ministry of Environment and Forest;
  • Senior Secretary or Secretary, Ministry of Land:
  • Director General, Directorate of Environment;
  • Director General, Bangladesh Water Development Board:
  • Chief Engineer, Local Government Engineering Department;
  • Chief Engineer, Department of Public Health Engineering;
  • Member, Joint River Commission;
  • two Water Resource Experts to be nominated by the Government;
  • one representative from Non-government Organization (NGO). to be nominated by the Government; and
  • Director General, Water Resources Planning Organization, who shall also be its Member-secretary.
  1. Duties and responsibilities of the Executive Committee.—The Executive Committee shall have the following duties and responsibilities, namely:-
  • to publish, circulate, monitor and evaluate the instructions issued, 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 of and inter-sector coordination on water resources;
  • to keep the Council periodically informed with regard to the issues on water resource management, and give advice thereto;

.(e) to coordinate among the appropriate authorities, to formulate policies regarding inter-sector disputes, and to resolve the disputes thereof and to issue instructions, if necessary; and

(f) to perform such other duty as may be assigned to it by the Council.

  1. Meeting of the Executive Committee.—(1) The Executive Committee may, subject to the provisions of this section, determine the working procedure of its own meeting.
  • The Member-secretary of the Committee shall, with the consent of the Chairperson of the Committee, convene every meeting of the Committee, and the meeting shall be held at such venue and on such time as may be determined by the Chairperson.
  • The Chairperson of the Executive Committee shall preside over its meetings.
  • No act or proceeding of the Executive Committee shall be invalid or called in question, merely on the ground of any vacancy in the office of any member, or any defect in the constitution of the Committee.
  1. Power to issue compliance order.—(I) On the basis of the result of

enquiry, scrutiny or survey, if it appears to the Executive Committee that any person or appropriate authority is not complying with, or is violating or attempts to violate any provision of sections 18, 19, 20, 21, 22, 24 and 26, or of any clearance certificate, or of any prohibition or condition of any protection order, the Executive Committee or any officer authorized by it in this behalf, may, notwithstanding anything contained contrary in any other law for the time being in force, issue a compliance order to such person or appropriate authority, for complying with such provisions, or the prohibitions and conditions of the protection order, or the conditions of the clearance certificate within the time specified in the order.                                                                                       j

  • The Executive Committee or any officer authorized by it in this behalf shall, subject to the provisions of section 42, serve the compliance order issued under sub-section (1) in the manner prescribed by rules.
  • If any appropriate authority (not being an individual) does not comply, in conformity with the compliance order, with any provision of this Act, or any prohibition and condition of the protection order, or any condition of the clearance certificate, the Executive Committee, instead of lodging any judicial process or imposing any compensation under section 29, may, notwithstanding anything contained contrary in any other provisions of this Act, call for the Head of such authority to explain the reasons of not complying with such provisions and conditions, and if such reason is not satisfactory, it may, identifying the person liable thereof, recommend the Council to take necessary action against such person.
  • The compliance order shall, among other things, contain the following matters, namely:-
  • 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; and
  • any other necessary matters specified by the Executive Committee.
  • The compliance order shall also contain that, unless there is any reason, abidance of the compliance order is mandatory and non-compliance thereof is an offence punishable with imprisonment, and with compensation.
  • Before issuing a compliance order, the Executive Committee or any officer.authorized by it in this behalf shall giv$ the concerned person or authority a reasonable opportunity of being heard irt the manner prescribed by rules, and shall, at the time of taking decision, consider the views received during such hearing.
  • The issuance of the compliance order may, by general notification, be published and publicized in the electronic and print media in the manner prescribed by rules.
  1. Power to issue removal order.—(1) In violation of any provision of this Act or of any prohibition and condition of any protection order or of any clearance certificate, if any person or appropriate authority makes any construction or carries on land filling activities on water resources which creates impediments in the normal water course or changes the direction of such water course; the Executive Committee or any officer authorized by it in this behalf, notwithstanding anything contained contrary in any other law for the time being in force, may, to keep such water course natural, issue a removal order to; such person or authority for removing the infrastructure, or land filling materials or elements thereof, within the time specified in such order.
  • The Executive Committee or any officer authorized by it in this behalf shall, subject to the provisions of section 42, serve the removal order under sub­section (1) in the manner prescribed by rules.
  • Before issuing a removal order, the Executive Committee or any officer authorized by it in this behalf shall, in such manner as may be prescribed by rules, give the concerned person or authority a reasonable opportunity of being heard, and shall, at the time of taking decision, consider the views received during such hearing.
  • Within the time specified in the removal order, if the infrastructure is not removed or land filling activities is not stopped without any reasonable ground, the Executive Committee or any officer authorized by it in this behalf, notwithstanding anything contained contrary in any other law for the time being in force, may, to keep the water course natural, remove, by serving a notice in the • manner prescribed by rules, such infrastructure or land filling materials from the water source, and may, subject to the provision of section 43, 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.
  • The removal order shall, among other things, contain the following matters, namcly:-
  • 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 F.xecutive Committee.
  • Before taking measures for removal, the actual cost for such removal of the illegal construction or land filling materials shall be fixed after considering the views of the person liable for such illegal construction or land filling activities.
  • The issuance of the removal order may, by general notification, be published and publicized in the electronic and print media in the manner prescribed by rules.
  1. Secretarial support from the Director General and delegation of pow er to inspectors.—(1) For efficient functioning of the Executive Committee, the Director General shall provide all administrative and secretarial support to it.
  • For the purposes of this Act, the Director General shall have thefollowing duties, namely:-
  • to implement and apply the policies and strategics adopted by the Council and the Executive Committee;
  • to prepare all kinds of proposals for placing before the meeting of the Council and the Executive Committee as per the directions thereof;
  • to pay visit to any site or project area for inspection;
  • to take necessary steps to build public awareness with regard to this Act; and
  • to perform such other duties as may be assigned to him by the Council and the Executive Committee, from time to time.
  • For the purposes of this Act. the Director General may delegate any of his duties mentioned in clause (c) of sub-section (2) to any officer or employee of the Water Resources Planning Organization or of any other organization, and the officer or employee so authorized shall be called the inspector for the purpose of this Act.
  • The inspector shall, with respect to any irregularity, defect or violation of any order found during inspection made under sub-section (3), submit a report thereof to the Director General or any officer authorized by him in this behalf.

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