THE KUMAUN AND GARHWAL WATER (COLLECTION RETENTION AND DISTRIBUTION) ACT, 1975

74 

 

THE KUMAUN AND GARHWAL WATER (COLLECTION 

RETENTION AND DISTRIBUTION) ACT, 1975
1 

[U. P. ACT NO. XLVI OF 1975] 

 

[Passed in Hindi by the Uttar Pradesh Legislative Assembly on August 5, 1975 

and by the Uttar Pradesh Legislative Council August 7, 1975.  

 

Received the assent of the President on September 7, 1915 under Article 201 of 

‘the Constitution of India’, and was published in the Uttar Pradesh Gazette, Extraordinary, 

dated September, 1975.]  

AN 

ACT 

 

to regulate and control in the public interest the water sources in the hill-tracts of 

the Kumaun and Garhwal Divisions order to ensure a rational distribution of water for the 

Purposes of human and animal consumption, irrigation an industrial development.   

 

IT IS HEREBY enacted in the Twenty-sixth Year of the Republic of India as 

follows : -- 

 
Short title and  

extent 
1. (1)  This Act may be called the Kumaun and Garhwal Water (Collection, Retention 

and Distribution) Act, 1975. 

(2) It extends to the whole of Kumaun and Garhwal Divisions except the  

Kashipur, Bhabar, Rudrapur and Khatima sub-division in the district of 

Nainital and Kotdwara Bhabar area of Garhwal Divisions. 

 

Definitions  2. In this Act, unless the context otherwise requires - 

(a) "protected area" means an area demarcated  as such under clause (b) 

of sub-section (1) of section 4;  

(b) "prescribed" means prescribed by this Act or by rules made under 

this Act;  

(c) "water" means water of rivers, streams flowing in natural channels, 

natural lakes and ponds or reservoirs includes rain water;  

(d) "water sources" means natural oozing out of water from 

underground streams, channels and rivers, lakes, ponds  reservoirs and other 

collections of still water  in including rain water;  

(e) "water channels" means a channel used for the communication of 

water for the purposes of human or animal consumption, irrigation or 

industry, including the running of water mills.  

 
Abolition of  

the right of the 

user of water  

3. On and from the fifteenth day of July, 1975, all the existing rights (whether 

customary or otherwise and whether vested in any individual or in village 

communities) of use of water, if any, in the areas to which this Act extends, 

shall stand abolished.  

   

1. For Statement of Objects and Reasons, see U. P. Gazette Extraordinary, August 1, 

1975. 



75 

 

[The Kumaun and Garhwal Water (Collection, Retention and Distribution) Act, 1975]   [Section 4-5] 
 

Power of State 

Government to 

regulate and  

control water  

and water  

resources 

4. (1)  The State Government shall have the power-  

(a) to regulate and control, by rules made under this Act, the collection, 

retention and distribution of water and water sources;  

(b) subject to the rules, if any, made in this behalf under this Act, to 

demarcate areas for protection of water sources and to declare the same as 

protected area ; and  

(c) to amend or cancel any declaration made under clause (b).  

(2)  The State Government may, while exercising powers under sub-section (1), 

give preference to the persons or village communities whose rights in respect 

of water have been abolished under section 3.  

 

Power of the  

State 

Government to 

construct 

water channels 

etc. 

5. (1)  The State Government shall have the power to construct any water-channel, 

tank or reservoir, or install any pumping machine or lay out any pipeline in, 

upon or through the land belonging to or held by any person, but it shall not 

thereby be deemed to have acquired any right in such land other than the right 

of user for the said purposes.  

(2)  In exercise of the powers under sub-section (1), the State Government shall 

cause as little damage to the land as possible, and where during the course of 

any activity referred to in that sub-section, the whole or part of the land is 

rendered unfit for the purpose for which it was being used immediately before 

the commencement of such activity, the persons interested in the land shall be 

entitled to compensation in accordance with the provisions of the Land 

Acquisition, Act, 1894 : 

Provided that no compensation shall be payable in respect of mere 

laying out for passage of any pipeline in or through the land belonging to any 

person where such pipeline is laid not less than two feet below the surface of 

the land : 

Provided further that nothing in this sub-section shall be construed to 

prevent any activity referred to in sub-section (1) being started or continued 

until payment of compensation under this sub-section.  

(3) The amount of compensation referred to in sub-section (2) shall, be determined 

by the Sub-Divisional Officer.  

(4)  Any party aggrieved by the order of the Sub-Divisional Officer determining 

compensation under sub-section (3) may, with in thirty days of the date of 

such order, prefer an anneal to the District judge and the District Judge may 

either dispose of it himself or assign it for disposal to any Additional District 

Judge under his administrative control and may recall it from any such officer, 

or transfer it to any such officer, and the order passed on such appeal shall be 

final.  

(5)  Notwithstanding anything contained in sub-section (4), the compensation 

determined under sub-section (3) by the Sub-Divisional Officer shall be paid 

as soon as may be without waiting for the result for such appeal. 

 



76 

 

 

[The Kumaun and Garhwal Water (Collection, Retention and Distribution) Act, 1975]   [Section 6-10] 
 

Restrictions on 

construction 

etc. 

6. No person not being a Jal Sansthan constituted under the Uttar Pradesh Water 

Supply and Sewerage Ordinance, 1975, shall construct or cause to be 

constructed any water channel, tank, reservoir or water-mill, or install or 

cause to be installed any pumping machine, or lay out or cause to be laid out 

any pipe line, intended for taking the supply of water from any water sources, 

without prior permission in writing of the Sub-Divisional Officer.  

 

Prohibition of 

against cutting 

trees etc. in 

catchment area 

7. No person not being a Jal Sansthan constituted under the Uttar Pradesh Water 

Supply and Sewerage Ordinance, 1975, shall cut any tree, bushes, shrubs, or 

burn dried grass in any protected area without prior permission in writing of 

the Sub-Divisional Officer : 

Provided that in respect of any nap land comprised in or protected area, 

this section shall have effect as if references to bushes and shrubs were 

omitted.  

 

Grant of  

permission  
8. (1) Any person may apply to the Sub-Divisional Officer for permission to 

construct, install or layout any of the things mentioned in section 6 or to do an 

act mentioned in section 7.  

(2)  On receipt of an application under sub-section (1), the Sub-Divisional Officer 

shall make an enquiry and may in the public interest grant or refuse to grant 

the permission applied for, and where the permission is so granted, the officer 

may impose such conditions as it considers just and proper.  

(3)  The order of the Sub-Divisional Officer under sub-section (2) shall, subject to 

the result of an appeal under section 11, be final.  

 

Revocation of  

permission 
9. (1)  Any permission granted under section 8 or any permission granted under the 

Kumaun Water Rules, 1930 and continuing in force by virtue of section 18 

may be revoked by the Sub-Divisional Officer, if the person concerned 

commits a breach of any of conditions governing such permission or 

otherwise contravenes any provision of this Act or the rules made thereunder.  

(2)  No order under sub-section (1) shall be made by the Sub-Divisional Officer, 

unless the person concerned has been given an opportunity of being heard.  

(3)  Every order of the Sub-Divisional Officer under sub­ section (1) shall, subject 

to the result of an appeal under section 11, be final.  

 

Removal of  

un-authorized 

Act 

10. (1) If any water-channel, tank, reservoir or water-mill has been or is being 

constructed or any pumping machine has been or is being installed, or 

pipeline has been or is being laid in contravention of the provisions of this Act 

the Sub-Divisional Officer may, after notice to the person concerned and after 

giving him an opportunity of being heard, by order require him to remove or 

stop the same or as the case may be to restore the land to its original condition 

within a period specified in the order.  

 (2) If the order made under sub-section (1) is not complied with by the person to 

whom it is directed within the specified period, the Sub-Divisional Officer 

may get any work done in accordance with that order at the cost of that person 

and may also use or cause to be used such force as may be necessary, for 

securing compliance with such order.  



77 

 

 

[The Kumaun and Garhwal Water (Collection, Retention and Distribution) Act, 1975]      [Section 11-13] 
 

  (3)   Every order of the Sub-Divisional Officer under sub­section (1) or sub-section 

(2) shall, subject to the result of an appeal under sub-section 11 be final.  

(4)  Any cost incurred under sub-section (2) shall on a certificate of the sub-

Divisional Officer be recoverable as arrears of land revenue from the person 

mentioned in the certificate.  

 

Appeals  11. Any person aggrieved by an order of the sub-Divisional Officer under section 

8 or section 9 or section 10 may file an appeal in the manner prescribed, 

before  the Collector within thirty days of the date of such order, and the order 

of the Collector on appeal shall be final. 
 

Power of  

various 

authorities and  

procedure to  

be followed by 

them 

12. (1)  The Sub-Divisional Officer, the Collector and the District judge shall for the 

purposes of holding any inquiry or determining any dispute or hearing any 

appeal under this Act, have the same powers as are vested in the Civil Court 

under the Code of Civil Procedure, 1908, while trying a suit, in respect of the 

following matters, namely-  

(a) summoning and enforcing the attendance of any person and 

examining him on oath;  

(b) receiving evidence on affidavits;  

(c) making any local inspection, or issuing commissions for the 

examination of witness or local investigation;  

(d) requiring the discovery and production of documents;  

(e) awarding, subject to any rules made in that behalf, costs or special 

costs to any party or requiring security for cost from any party;  

(f) recording a lawful agreement, compromise and making an order in 

accordance therewith;  

(g) dismissing an application or appeal for default and to restore it for 

sufficient cause;  

(h) deciding a case ex parte and to set aside, for sufficient cause, an 

order passed ex parte;  

(i) allowing amendments of any application, objection or memorandum 

of appeal;  

(j) issuing temporary injunction, both prohibitory as well as mandatory;  

(k) substituting legal representatives in case of the death of any party;  

(l) any other matter which may be prescribed.  

(2) Without prejudice to the provision of sub-section (1), the Sub-Divisional 

Officer of the Collector, or the District Judge as the case may be, shall have 

power to make any order for the ends of justice or to prevent the abuse of 

process of its or his authority under this Act. 

 

Application of  

Limitation 

Act, 1963 

13. The provisions of sections 4, 5 and 12 of the Limitation Act, 1963, in so far as 

may be applicable shall apply to all proceedings under this Act.  



78 

 

 

[The Kumaun and Garhwal Water (Collection, Retention and Distribution) Act, 1975]   [Section 14-18] 
 

Savings in  

respect of  

rights and  

powers of  

Municipal 

Boards and  

Notified Area  

Committee  

14. Within the limits of a Municipality or Notified Area as defined in the U. P. 

Municipalities Act, 1916, or a town area as defined in the U. P. Town Areas 

Act, 1914 the provisions of this Act shall have effect subject to the following 

modifications, namely-  

(a) the provisions of sections 6, 8 and 9 shall have effect as if for the 

words "Sub-Divisional Officer" the Municipal Board, the Notified Area 

Committee or the Town Area Committee, as the case may be, or an officer 

authorised by it in that behalf were substituted;  

(b) section 11 shall have effect as if the words "section 8 or section 9 or" 

were omitted;  

(c) any water sources or water channels, whether situated within the limits 

of the municipality, notified area or town area or outside, in the possession of 

the Municipal Board or Notified Area Committee or Town Area Committee 

immediately before the commencement of this Act shall not be affected by 

any provision of this Act;    

(d) if after the commencement of this Act, the Municipal Board, the 

Notified Area Committee, the Lower Area Committee requires any new water 

sources or any new water channels outside the limits of the municipality, or 

notified area or town area it may take supply of water from such water source 

or construct or cause to be constructed any such water channel, tank or 

reservoir or install or cause to be installed any pumping machine or layout or 

cause to be laid out any pipe line outside such limits only with the prior 

permission in writing of the State Government.  

 

Prohibition of  

use of  

injurious 

substances in  

water sources  

 

15. No person shall use in any water source chemicals, explosives or any other 

substance which may cause injury to or endanger any fish or other aquatic 

organisms.  

Power of  

exemptions 
16. The State Government may by notification in the Gazette grant, subject to 

such conditions, if any, as may be specified, exemptions from all or any of the 

provisions of this Act in respect of such persons or class of persons or in 

respect of such class of ponds or reservoirs or other collections of still water 

(including rain water) as may be specified, and the State Government may by 

a subsequent notification withdraw or modify any such exemption.  

 

Power to  

delegate  
17. The State Government may by notification in the Gazette delegate, subject to 

such conditions, if any, as it may specify, any of its powers (except the power 

under section 21) to the Nigam or to a Jal Sansthan constituted under the Uttar 

Pradesh Water Supply and Sewerage Ordinance, 1975, or to the Uttar Pradesh 

Parvatiya Vikas Nigam Limited, a company registered under the Companies 

Act, 1956. 

 

Penalties  18. (1)  Whoever, without proper authority and voluntarily does any of the following 

acts, namely- ,  
 

(a) damages, alters, obstructs or interferes with or increases or 

diminishes the supply of water in or the flow of water from, through, over or 

under any water source;  



79 

 

 

[The Kumaun and Garhwal Water (Collection, Retention and Distribution) Act, 1975]   [Section 19-20] 
 

  (b) interferes with or alters the flow of water from, through, over or 

under any water channel, tank or reservoir or any pumping machine or pipe 

line, whether existing from before the commencement of this Act or 

constructed, installed or laid after the commencement of this Act, by the State 

Government or any municipal board or town area committee, notified area 

committee or Jal Sansthan or by any other public authority or with the 

permission of the Sub-Divisional Officer by any other person; 

(c) contravenes the provisions of section 15, shall be punishable with 

imprisonment which may extend to one year and shall also be punishable with 

fine which may extend to one thousand rupees.  

(2) Whoever contravenes any other provisions of this Act or any order made 

thereunder shall be punishable with fine which extend to five hundred rupees, 

and if the offence is a continuing offence, with a further fine not exceeding 

twenty-five rupees for every day during which the offence continues after the 

date of first conviction for such offence.  

(3)  Provisions of sub-sections (1) and (2) shall also apply in respect of any attempt 

or abatement of offence referred to in the said sub-sections.  

(4)  All offences punishable under sub-section (1) shall be cognizable.  
 

Offences by  

companies  
19. (1)   If the person committing an offence under this Act is a company, the company 

as well as every person in-charge of and responsible to the company for the 

conduct of its business at the time of the commission of the offence shall be 

deemed to be guilty of the offence and shall be liable to be proceeded against 

and punished accordingly :  

  Provided that nothing contained in this sub-section shall render any such 

person liable to any punishment if he proves that the offence was committed 

without his knowledge or that he exercised all due diligence to prevent the 

commission of such offence.  

(2)  Notwithstanding anything contained in sub-section (1), where any offence 

under this Act has been committed by a company and it is proved that the 

offence has been committed with the consent or connivance of, or that the 

commission of offence is attributable to any neglect on the part of any 

managing agent, secretaries and treasurers, directors, managers or other 

officer of the company, such managing agents, secretaries and treasurers, 

director, manager or other officer of the company shall also be deemed to be 

guilty of that offence and shall be liable to be proceeded against and punished 

accordingly.  

Explanation-- For the purposes of this section-  

(a) "company" means any body corporate. and includes a firm or other 

association of individuals: and  

(b) "Director" in relation to a firm, means a partner in the firm.  

 

Protection of  

action  
20. No proceeding or order purporting to be taken or made under this Act shall be 

called in question in any court and no civil or criminal proceeding shall be 

instituted against any person for anything done or intended to be done in good 

faith under this Act.  



80 

 

 

[The Kumaun and Garhwal Water (Collection, Retention and Distribution) Act, 1975]   [Section 21-23] 

 

 
 

Power to make 

rules  
21. (1) The State Government may by notification in the Gazette make rules for 

carrying out the purposes of this Act.  

 

(2)  All rules made under this Act shall, as soon as may be after they are made, be 

laid before each House of the State Legislature while it is in session for a total 

period of thirty days comprised in its one session or more than one successive 

sessions and shall unless some later date is appointed, take effect from the 

date of their publication in the Official Gazette, subject to such modification 

or annulments as the two Houses of Legislature may during the said period 

agree to make, so however, that any such modification or annulment shall he 

without prejudice to the validity of anything previously done thereunder.  

 
 

Continuance 

of Kumaun  

Water supply  

Rules, 1930 

22. The Kumaun Water Rules, 1930, in so far as they are not inconsistent with the 

provisions of this Act, shall be deemed to have been made under this Act and 

they shall continue in force until they are altered or repealed or amended by 

rules made in exercise of the powers conferred by or under section 21.  

 
 

Repeal and  

savings   

U.P. 

Ordinance no.  

19 of 1975 

23. (1) The Kumaun and Garhwal Water (Collection, Retention and Distribution) 

Ordinance, 1975 is hereby repealed.  
 

(2)   Notwithstanding such repeal, anything done or any action taken under the said 

Ordinance shall be deemed to have been done or taken under this Act as if this 

Act had come into force on July 15, 1975.