FAOLEX Database

India - Aqualex Profiles

Framework Law

The main law applicable to water resources management, which covers all of the following areas: administration; management, conservation and use of freshwater resources; water rights; waterworks; water supply
No legislation available

Constitutional provisions

Constitution of India.
Date of original text: 25 October 2020 (2019)

Right to water: No provisions regarding the right to water.

Natural resources: Article 243X requires every District Planning Committee, in preparing the draft development plan, to a. have regard to- i. matters of common interest between the Panchayats and the Municipalities including spatial planning, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation. Article 243ZE requires every Metropolitan Planning Committee, in preparing the draft development plan, to a. have regard to-() ii. matters of common interest between the Municipalities and the Panchayats, including co-ordinated spatial planning of the area, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation. Article 262 grants power to the Parliament to provide, by law, for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of, or in, any inter-State river or river valley.

Agriculture

Water used for irrigation, forestry and aquaculture
Bansagar Control Board Act, 1976 (No. 8/17/74-DW-III).
Date of text: 30 June 1976
CGWA Guidelines/Criteria on Ground Water Abstraction by Food Parks/Agro Based Industries in Areas Notified for Ground Water Regulation.
Date of text: 31 August 2016
Agreement between the Government of the People’s Republic of Bangladesh and the Government of the Republic of India on sharing of the Ganges waters at Farakka and on augmenting its flows.
Date of text: 05 November 1977

Water Supply and Sanitation

Provision of water services by public utilities or commercial organizations; water supply for domestic, industrial or other purposes; right to safe and clean drinking water and basic sanitation; quality of piped water; sewerage
Water (Prevention and Control of Pollution) Cess Act, 1977.
Date of original text: 07 December 1977 (2000)
Brahmaputra Board Act, 1980 (No. 46 of 1980).
Date of text: 01 September 1980
Water (Prevention and Control of Pollution) Cess Rules, 1978.
Date of original text: 14 July 1978 (2000)

Governance

The political, social, economic and administrative systems that govern water management and conservation; good practices; good governance; decentralization; water user’s associations
Water (Prevention and Control of Pollution) Act 1974 (No. 6 of 1974).
Date of original text: 23 March 1974 (1988)
Inter-State Water Disputes Act, 1956 (No. 33 of 1956).
Date of original text: 28 August 1956 (1980)
River Boards Act, 1956 (Act No. 49 of 1956).
Date of text: 12 September 1956

Infrastructure

Waterworks; water supply systems; dams; hydropower systems; irrigation systems
Indian Easements Act, 1882.
Date of original text: 25 October 1882 (2020)
Brahmaputra Board Act, 1980 (No. 46 of 1980).
Date of text: 01 September 1980
Bansagar Control Board Act, 1976 (No. 8/17/74-DW-III).
Date of text: 30 June 1976

Water Resources Management and Water Rights

Ownership and control of water resources; abstraction and diversion of water; allocation and quotas; riparian rights; priority of rights; free water use
River Boards Act, 1956 (Act No. 49 of 1956).
Date of text: 12 September 1956
Indian Easements Act, 1882.
Date of original text: 25 October 1882 (2020)
National Waterways Act, 2016.
Date of text: 25 March 2016

Water and Environment

Water (Prevention and Control of Pollution) Act 1974 (No. 6 of 1974).
Date of original text: 23 March 1974 (1988)
Water (Prevention and Control of Pollution) Amendment Act, 1988 (No. 53 of 1988).
Date of text: 29 September 1988
Brahmaputra Board Act, 1980 (No. 46 of 1980).
Date of text: 01 September 1980

Water Quality and Pollution Control

Control of pollution and quality of freshwater bodies and groundwater; agricultural point and non-point sources of pollution; water quality standards
Water (Prevention and Control of Pollution) Act 1974 (No. 6 of 1974).
Date of original text: 23 March 1974 (1988)
Indian Easements Act, 1882.
Date of original text: 25 October 1882 (2020)
Inland Vessels (Amendment) Act, 2007 (Act No. 35 of 2007).
Date of text: 17 September 2007

Groundwater

Freshwater resources located below the surface of the earth; aquifers; groundwater abstraction; well-sinking; boreholes; hydrogeology
Uniform Protocol on Water Quality Monitoring Order.
Date of text: 17 June 2005
Order of the Ministry of Environment and Forests establishing the Water Quality Assessment Authority.
Date of text: 29 May 2001
Notification No. III amending the Coastal Regulation Zone Notification.
Date of original text: 09 July 1997 (2000)

Disaster Resilience

Water-related hazards; flood; drought; water shortage; adaptation to climate change; early warning system/emergency intervention system
Brahmaputra Board Act, 1980 (No. 46 of 1980).
Date of text: 01 September 1980
Bansagar Control Board Act, 1976 (No. 8/17/74-DW-III).
Date of text: 30 June 1976
Embankment and Drainage Act, 1952 (Act No. I of 1953).
Date of text: 25 October 2020

Transboundary Waters

Transboundary effects; international basin institutions; international agreements; transboundary coordination; transboundary aquifers
Memorandum of Understanding between the Ministry of Water Resources, the Republic of India and the Ministry of Water Resources, the People’s Republic of China on Strengthening Cooperation on Trans-border Rivers.
Date of text: 23 October 2013
Treaty on Sharing of the Ganges Waters at Farakka.
Date of text: 12 December 1996
Treaty between His Majesty's Government of Nepal and the Government of India concerning the integrated development of the Makahali River including Sarada Barrage, Tanakpur Barrage and Pancheshwar Project.
Date of text: 12 February 1996

Policies

Aspirational Districts - Unlocking potentials.
Date of text: 01 January 2018
National Action Plan on Antimicrobial Resistance (NAP-AMR) 2017 – 2021.
Date of text: 01 April 2017
Tamil Nadu State Environment Policy 2017.
Date of text: 25 October 2020
National Disaster Management Plan (NDMP) 2016.
Date of text: 01 May 2016
State Action Plan on Climate Change (Bihar SAPCC), 2015.
Date of text: 17 August 2015
West Bengal Fisheries Policy, 2015
Date of text: 25 October 2020
National Rural Drinking Water Programme.
Date of text: 25 October 2020
National Water Policy 2012.
Date of text: 25 October 2020
State Action Plan on Climate Change (Haryana).
Date of text: 01 December 2011
State Action Plan on Climate Change (Jammu & Kashmir).
Date of text: 25 October 2020
Kerala State Environment Policy, 2009.
Date of text: 31 December 2009
Water Policy 2008.
Date of text: 25 October 2020
National Policy for Farmers 2007.
Date of text: 11 September 2007
Karnataka Agricultural Policy, 2006
Date of text: 01 November 2006
National Environment Policy 2006.
Date of text: 18 May 2006
National Water Policy 2002.
Date of text: 01 April 2002
Hydroelectric Power Policy.
Date of text: 25 October 2020

Main basins

Pamba
Karnaphuli
Lob Nor Lake
Fenney
Kaladan
Indus
Irrawaddy (Ayeyaruvady)
Ganges/Brahmaputra Meghna