LexThe Assam Ground Water Control and Regulation Act, 2012
Assam · state statute
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Registered No. 768/97
~
THE ASSAM GAZETTE •. '.
~
EXTRAORDINARY
m~ ~~ 1it'lt ~4ilfi'll.!>
' ' . PUBLISHED BY TIIE AUTHORITY
'l'~ 226 N-1'9F, ~. 19 Ol', 2012, 29 ~·~'if, 1934 ("f<li)
No. 226 Dispur, Saturday, 19th May, 2012, 29th Baisakha, 1934 (S.E.)
GOVERNMENT OF ASSAM
ORDERSBYTHEGOVERNOR
LEGISLATIVE DEPARTMENT: : : LEGISLATIVE BRANCH
NOTIFI CATION
The 19th May, 2012
No. LGL. 64/2002/71.- The following Act of the Assam Legislative Assembly which received
the assent of the Governor is hereby published for general information.
ASSAM ACT NO. XVI OF 2012
(Received the assent of the Governor on 14th May, 2012)
TIIEASSAM GROUND WATER CONTROL AND REGULATION ACT, 2012
,.
2006 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 19, 2012 ·
AN
ACT
.Jt
to regulate and control the Development and Management of Ground
Water in the State of Assam and matters. connected therewith or incidental theret.o.
Preamble
Short title,
extent and
commencement.
Definitions
Whereas it is expedient to regulate and control the development and
management Of ground· water in the State of Assam and the matters
connected therewith or incidental thereto-;
It is hereby enacted. in the Sixty-third Year of the Republic of India as ·
follows:
CHAPTER-I
PRELIMINARY
1. (1) This Act may be called the Assam Ground Water Control and
Regulation Act, 2012.
(2) It extends to the whole of Assam.
(3) It shall come into force on such date as the State Government
may, by notjfication in the Official Gazette, appoint:
Provided that different dates may be appointed for
different areas of the State of Assam.
2. In this Act, unless the context otherivise requires,
(a) "Act" means the Assam Ground Water (Control and
Regulation) Act, 20 t 2;
(b) "artificial recharge to ground water" means the process by
which ground water reservoir is augmented at a rate
exceeding that under natural condition of replenishment;
( c) ~'drinking waler" means water for consumption or use by
human population for drinking and for other domestic
purposes which shall include consumption or use of water
for eooking, .bathing, washing, cleansing and other day~to
day activities . It shall also include water meant for
conBUmption by livestock;
(d) "ground water,, meaI)S the ·water that exists below the
surface of the ground at any particular location ;
(e) "prescribed" means prescribed by rules made under this
Act;
(f) "rain water harvesting" is the technique for collection and
storage of rainwater at surface or in sub-surface aquifer;
(g) "State Government" means the State Government of
Assam;
(h) "State Authority" means the Assam State Ground Water
Authority establisheq under section 3 of this Act;
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THEASSAMGAZETIE,EXTRAORDINARY, MAY19, 2012 2007
Establishment of
State Ground
Water Authority
and Zonal Ground
Water Authorities.
(i) "Sink'', with all its grammatical variations and cognate
expressions 1n relation to a well, includes digging, drilling
or boring of new wells or deepening and modification (of
radials and galleries) of the existing wells;
(j) "User of ground water" means the person or persons or an
institution including a company or an establishment:
whether Government or non-govemmentat who or which
extract or use or sell ground water for any purpose
including domestic use made either on a personal or
eommuhi ty basis;
(k) "Well" means a structure sunk for the search or extraction
of ground water by a person or persons except by the
authorized officials of the State or Central Government for
carrying out · scientific investigations, exploration,
development, augmentation, conservation, protection or
management of ground water and includes open well, dug
wen, bore well, dug-cum-bore well, tube well, filter point,
eoHector well, infiltrati<>n gallery, recharge wen, disposal
welt or any of their combinations or variations:
Provided that it will exclude . a well of any
variant used by person or persons drawing ground water by
manual devices like hand pump or rope or bucket.
CHAPTER- II .
. . .
3. (l) Constitution of the Assam State Ground Water Authority,-
(i) The State Government shall, by notification in the Official
Gazette, establish with effect from such date as may be
specified in the notification, an authority to be knoWn as "the
Assam State Ground Water Authority" to exercise the powers
conferred on and to perform functions assigned to the State
Authority under this Act.
(ii) The State Authority shall consist of the following:-
(a) Secretary to the Government of
Assam, Irrigation Department
(b) Chief Engineer, Minor Irrigation,
Assam
(c) Chief Engineer, Public Health
Engineering Department, Assam
(d) Chief Engineer, Agriculture
Department, Assam
( e) .Qi rector, Geology & M~niilg, Assam
(i) A representative of the Guwahati
Metropolitan Development Authority
(GMDA) to be nominated by the
GMDA
•
Ex-officio
Chairman
Ex-officio
Member
Ex ')fficio
Member
Ex· officio
Member
Ex-officio
-Member
Secretary
Member
2008 THE ASSAM GAZETIE, EXTRAORDINARY, MAY 19, 2012
(g) A representative of State Pollution
Control Board to be nominated by
the Board.
(h) Chief Engineer, Guwahati Municipal
Corporation
(i) A representative of the Urban
Development Department,
Government of Assam, to be
nominated by the Department
(j) A representative of the Central
GroUl'ld Water Board (CGWB), to be
nominated by the Chainnan, CG WB
(k) 2 (Two) representatives of'the public
I industries etc. to be nominated by
the State Government as Non
Govemrnent61 Member
Member
Ex-Officio
Member
Member
Member
Member
(iii) The term of office and manner of filling the vacancies
and other conditions 'Of service of the nominated
members shall be such as may be prescribed.
(iv) The Head Quarters of the State Authority shall be located
in the office premises of the Irrigation Department,
Chandmari, Guwahati-3 until separate arrangement is
made and notified by the State Government.
(2) Constitution of Zonal Ground Water Authorities :-
(i) The State Government shall, with effect from such date as
may be specified, by notification in the Official Gazette,
constitute Zonal Ground Water Authorities in respect of
each area and jurisdiction of a Superintending Engineer of
the Irrigation Department to exercise powers conferred on
and to perform functions as assigned to it, by the State
Authority under this Act.
(ii) The Zonal Ground Water Authority shall consist of the
following:-
(a) The Superintending Engineer of the Irrigation
Department of the respective area and jurisdiction shall
be the Chail'Qlan of the Zonal Ground Water Authority.
The respective Executive Engineer of the Public Health
Engineering Department posted and working at the Head
Quarters of the respective Superintending Engineer,
Irrigation Department shall be the Member Secretary of
the Zonal Ground Water Authority;
(b) 4 (Four) officials, on the recommendation of the State .
· Authority, shall be nominated by the State Government
to the Zonal Ground Water Authority;
( c) 2 (Two) persons shall be nominated by the State
Government from amongst the Members of the
Municipal Corporation or the Municipal Board
fw1cti<ming within the area. and jurisdiction of the Zonal
Ground W ate.r Authority;
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THE ASSAM GAZETnt~EXTRAORDIN~~ MAY 19, 2012 2009
Staff of the State
Authority.
Powers to notify
areas for control
and regulation of
ground water
development.
:
( d) 2 (Two J non-oftieials to be nominated by the State
· ,9ovemment to represent the Industries or Trade or of
Public Interest whiph in the opinion of the State
· Gov~ent ought to be represented:
Provided that such members shall have no
.. voting .right.
4. (1) In order.to enable the State Authority to properly function
or exercise the powers under the Act, the State
Government may appoint such number of technical
personnel and other staff as it may be considered
necessary:
5.
Provided that the officers and staff required
by the State Authority will be provided, initially, by the
Irrigation and other concerned departments.
(2) The functions and other terms and conditions of service
ofthe·employees shall be such as may be prescribed:
(1)
(2)
Provided that the employees placed at the
disposal of the State Authority by the Irrigation and/or
other concerned departrnent(s) shall draw their salaries
and allowances from the respective parent
department(s) and other terms and conditions of such
employees shall be governed by the rules and
regulations etc. applicable to them in the respective
partnt department(s).
Th.e State Authority shall function under the overall
control and supervision of the State Government.
If the State Authority is of the opinion that it is
necessary ·or expedient in the public interest to
control and /or regulate the· extraction or the use or
both of ground water in any form in any area it may
advise the State Government to declare any such area
t<> be a notified area for the purpose of this Act with
effect from such date as may be specified therein. The
declaration shall be notified in the Official Gazette:
. Provided that the date as specified in the
notification shall not be earlier than three months from
the date of publication of the said notification.
(3) Every such notification shall, in addition to its
publication in the ·official Gazette, be published in
not less than one daily regional language newspaper
having wide circulation in the State, and also be
served in such manner as the State Government may
think fit and all or any of the following modes may be
followed in effecting such services. namely:-
.(a) by affixing a copy of the notification to some
eonspicuoys part of the offices of the village
Panchayats located in the said area;
(b) by proclaiming by beat of drum or by means of
loudspeakers the contents of the notification in the
said area;
( c) in such other manner as may be prescribed.
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2010 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 19, 2012
Grant of permit to
extract and use
ground water in
the notified area.
(4) If in the opinion of the State Authority, the availability
of ground water has improved ·in the notified ar~, it
may advise the State Govemllient to de-notify such
area and the Govermnent may do so according to the
procedure provided under sub-section (2) of section 5
for notifying the area.
(5) The State Authority shall also take steps to ensure
that exploitation of ground water resources does not
exceed the safe yield limit of the aquifers. Wherever
there is mismatch, steps will be taken to ensure
augmentation of ground water resources in addition to
regulatory measures.
(6) The State Authority shall maintain and upkeep the
data-base on ground water related information.
6. (1) Any user of ground water as defined under sub-section
(j) of section 2 desiring to sink a well in the notified
area for any purpose either on personal or community
,basis as commercial I industrial user, shall apply to
the State Authority in prescribed form of application
for grant of a permit for this purpose, and shall not
proceed with any activity connected with such
sinking unless a permit has been granted by the State
Authority:
Provided that the person or persons shall not
have to obtain a permit if the well is proposed to be
fitted with a hand operated manual pump or water is
proposed to be withdrawn by manual devices.
(2) (a) Every application under sub-section(/) shall be
made in such form,shall contain such particulars and
in such manner as may be prescribed.
(b) Each application should accompany an
administrative fee of Rs. I 00/-(Rupees One hundred)
only in case of an individual in rural areas and
Rs.200/- (Rupees Two hundred) only in case of an
·individual in urban areas. In case of application
submitted by a Company, Society etc. the fee is
Rs. l 000/- (Rupees One thousand) only for rural areas
and Rs.2000/- (Rupees Two thousand) only for urban
areas. The fee is payable in favour of Assam State
Ground Water Authority.
(3) On receipt of an application under sub-section (I),
the application shall be endorsed to an Investigating
Officer who shall visit the site and shall after making
necessary enquiry on the following points, submit a
report W)th his recommendation to the State
Authorit1':-
(a)geology and geomorphology of the area;
(b) observation of existing well, if any;
(c) measurement of non-pumping water level in the
surrounding area;
(d) brief lithology of the area, if available;
(e) spacing of Ground Water structures;
(t) prospect of Ground Water availability;
(g) feasibility for Ground Water Deve.Jopment;
(Ji.l .1'\ 1w of\' 1.' ll (DTW. ~TW P•n' \\'di ,. ·1 ·
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•;;t. • ... .•. _,
THEASSAMGAZEITE,EX:TRAORDi,.JARY, MAY 19, 2012 2011
Registration
of existing
users in
notified areas
(i) basement strucnire study in hard rock terrain;
{j) quality of Ground Water.
(4) On the basis of the report received, the authorized
officer of the State Authority shall either grant or
refuse to grant a pennit:
Provided that no person shall be refused a
pennit unless he bas been given · a reasonable
opportunity of being heard.
(5) The decision regarding · the grant or refosal of the
pennit shall be intimated by the State Authority to
the applicant within a J)eriod of 45 (forty-five) days
from the date of receipt of the application.
(6) In granting or ~efusin& a permit under sub-section
(4), the State Authority shall have regard to -
(a) the purpose or purposes for whlch the water is
· ' to be used;
(b) the existence of other competitive users;
( c) availability of ground water ;
(d) quality of ground water with reference to use;
(e) spacing of ground water structures keeping in
eonsideration the purpose for which the water
is to be used;
(t) long term ground water level behaviour;
(g) any other factor relevant thereto .
(7) The State Authority would enforce community
<ientres like Hospitals, Educational Institutions,
Industrial Complexes, Flat Complexes, Hotels
etc. in the notified area to µndertake measures
for replenishment of ground water by artificial
recharge structures like Roof Water Harvesting
Structures etc.
(8) The permit shall be in such fonn as may be
prescribed.
7. (1) Every existing user of ground water in the State
shall within a period of 120 (One hundred and
twenty) days from the date of establishment of
the State Authority shall apply to the State
Authority for grant of a Certificate of
Registration recognizi~g its existing use in such
fonn and in such manner as may be prescribed:
Provided that ~e State Authority may
entertain any such applieation after the expiry of
the ·said period of 120 (One hundred and twenty)
day~. if iWs satisfied that the user was prevented
by sufficient cause from filing application in
time.
(2) For grant of Certificate of Registration one
standard form should be introduced for
collecting an Administrative Fee of Rupees 100/
(Rupees One hundred) for an individual user in
rural area and Rs. 200/- (Rupees Two hundred)
far an individual user in urban area and Rs.
1000/- (Rupees 0ne· thousand) for a company ot
society in rural area and Rs. 2000/- (Rupees Two
thousand) for a company or society in urban
area.
..
2012
...
THEASSAMGAZETIE, EXTRAORDINARY~ MAY 19, 2012
(3) The details to be furnished in an application
under sub-section (I) shaH include the following, "i
namely:--
(.i) the description of the source of ground wateL
_such as type of well and its exact location;
(ii) the lifting device use<l;
(Hi)'the. quantity of ground water withdrawal and
homs of operation per day;
(iv) the total period of use in each year;
(v) the purpose or purposes for which ground water
is being extracted;
(vi)in case the requirement of groond water is for
the purpose of drinking water, the approximate
population to be served; "
(vii) in the case of irrigation well, the location
and extent of area irrigated;
-{viii) in case of State, M\Ulicipal or Community
run water supply schemes, the details of the
services involved in addition to the quantities of
ground water extracted, the diversion or the
pu,mping points and their locations.
( 4) On receipt of an application under sub-section
(l ), if the :state Authority is satisfied that it shall
not be against the public _interest to do so, it may
grant. 11ubject to such conditions and restrictions
as may be specified, a Certificate of Registration
authorizing the continued use of the water:
Provided that no person shall be. refused
a Certificate of Registration unless he has been
given an opportunity of being heard.
(5) The decision regarding the grant or refusal of the
Certificates of Registration shall be intimated by
the State Authority to the applicant within a
period of 60 (Sixty) days from the date of receipt
of the appli<;:ation. ·
(6) In granting or refusing a Certificate of
Registration under sub- section ( 4) the State
~uthority shall have regard to -
{a) the purpose or purposes for which the water
i's to be used;
- (b) the existence of other competitive users;
(c) availability of ground water;
(d) quality of ground water with reference to
,l)$;
(e) spacing of ground water structures keeping
in consideration the purpose for which
. water is to be used;
(f) long term ground water level behaviour;
(g) any other factor relevant thereto.
(7) The Certificate of Registration shall be in such
form as may be prescribed.
(8) Pending the communication by the State Authority
of the decision on an application under sub-section
(1), every existing user of the ground water in the
notified area shall be entitled to the continued use
of the ground water in the same manner and to the
same quantity as the user was entitled to on the date
of his/her application.
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THE ASSAM GAZEITE, EXTRAORDINARY, MAY 19, 2012 2013
(9) If a registered WeJl becomes defunt, the fact
should be immediately brought to the notice of
the State Authority by the user of ground water.
Registration of 8.
user of new
( 1) All wells sunk in the State shall have to be
registered including the areas not notified under
section 5 of this Act, except those excluded under
clause (k) of section 2 of the Act.
wells in non
notified area.
Registration
of Drilling
Agencies.
Power to alter,
amend or vary the
tenns of the
Pennit/
Certificate of
registration.
Cancellation of
Permit/Certificate of
Rehabilitation or
License.
(2} The clause under sub-section (9) of section 7 shall
also be applicable.
9. (1) Every rig owner shall register his/her machinery
with the State Authority in such manner and/or on
payment of such fees as may be prescribed.
(2) Every rig owner or operator shall follow the
instructions issued by the State Authority from
time to time.
10. (1) At any time after a Permit or Certificate of
Registration, as the case may be, has been
granted. the State Authority may, for technical
reasons, alter, amend or vary the tenns of th~
Pennit or Certificate of Registration, as the case
may be, provided the user of ground water has
been given an opportunity of being heard:
hovided that before taking such action, the
State Authority shall ensure that the standing
crops ai'e not dalnaged.
(i) The State Authority may impose and realize
Annual Water Rates from bulk as well as
commercial and industrial users as decided by
the State Government.
11. If the State Authority is satisfied either on a
reference made to it in this behalf or otherwise
that:-
{a) the Permit or Certificate of Registration or
Licence granted tmder sub-section (4) of section
6 (jf sub-section ( 4) of section 7, as the case may
be, is not based on facts;
.(b) the holder of the Permit or Certificate of
Registration or Licence bas without reasonable
cause failed to comply with the conditions subject
to which the Permit or Certificate of Registration
or Licen~ has been granted or has contravened
any of the provisions of this Act or the rules made
thereunder; or
(c) a situation has arisen which warrants limiting of
the use or extraction of ground water;
then, without prejudice to any other penalty to
which the holder of the Permit or of the
Certificate of Registration or Licence may be
liable under the ~ct, the State Authority may after
giving the holclCr of the Pennit, Certificate of'
Registration or Licence, an opportunity of being
heard, cancel the Permit, Certificate of
Registration or Licence, as the case may be.
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2014 THE ASSAM GAZETI'E,EXTRAORDINARY, MAY 19, 2012
Powers of the
Assam Ground
Water Authority.
12. ( 1) The State Authority or any person authorised by it
in writing in this behalf, shall have power -
(a) to enter on any property (private or Government
owned) with the right to investigate and make an~·
measurements concerning the land or the water
located on the surface or ~he underground;
(b) to inspect the well which has been or is being
sunk and the soils and other materials excavated
therefrom;
(c) to take specimens of such soils or other materials
or of water extracted from such wells;
(d) to require by order in writing the persons sinking
a well to keep and preserve in the prescribed manner
specimens of soils or any materials excavated
therefrom for such period not exceeding three
months from the date of completion or abandonment
of the work as may be specified by the Authority and
thereupon such person shall comply with such
requisition;
(e) to inspect and to take copies of the relevant
records or documents and ask any question necessary
for obtaining any infom1ation (including diameter or
depth of the well which is being or has been sunk;
tbC level at which the water is or was struck and
subsequently restored/rested; the types of strata
encountered in the sinking of the well and the quality
of the water struck etc.) required for carrying out the
purposes of this Act;
(f) to direct the user of ground water to install water
measuring device on any ground water abstraction
structures:
Provided that where the user of grow1d water
does not comply with the requisition issued to
him/her ·within a period of 30 (thirty) days, the State
Authority itself may install such water-measuring
device and recover the cost from the defaulting user
of ground water ;
(g) to seize any equipment/device utilized for illegal
sinking and destroy the work executed fully or
partly;
(h) to direct any user of ground water, who does not
comply with the provisions of this Act and rules
framed thereunder, to close do"rn any water supply
or destroy any hydraulic work found to be illegal
according to the provisions of this Act and the rules
framed thereunder:
Provided that where the user of ground water
does not comply with the requisition issued to him
withiit a period of 60 (sixty) days the State Authority
itself may carry out the necessary work and recover
the cost fyom the illegal user of ground water;
THE ASSAM GAZETTE, EXTRAORDINARY, MAY 19, 2012 2015
Service of
orders etc.
BBi' to claim
compensation.
13.
14.
(i} to enter and search with such assistance if any, as
it considers necessary, any place in which it has
reason to believe that off<1fice under this Act has
been or is being committed and order in writing the
person who has been or is committing the offence
not to extract or use the ground water for a specifi,ed
period not exceeding 30 (thirty) days~
(j) to exercise such other powers as may be
necessary for carrying out the purposes of this Act or
any rules made thereunder.
(2) The power conferred by sub-section (1) includes
the power to break open the door of any premise
where sinking, extraction and use of ground water
~Y be going on:
Provided that the power of breaking ' open the
door shall be exercised only after the owner or any
other person in occupation of the premises, if he is
present therein, refuse to open the door on being
called to do so.
(3) The provision of the Code of Criminal
Procedure, 1973 (2 of 1974) shall so far as may
apply to any search or seizure Wlder this section as
they apply to any search or seizure made under the
authority of a warrant issued under section 93 of the
said code.
(4) Where the State Authority seizes any
mechanical equipment/device under clause (g) of
sub-section (1 ), it shall as soon as may be, inform a
Magistrate and talce his orders as to the custody
thereof.
(l) Every order under clause (d) of sub-section (1)
of section 12 shall be served-·
(a) by giving or tendering the order of notice or
by sending it by post to the user for whom it is
intended; or
'(b) if such user c~ot be found, by affixing the
order of notice on some conspicuous part of his
last known abod.C or place of business or by giving
or tendering the ord~ of notice to some adult
member or servant of his family or by causing it to
be affixed on some conspicuous part of the land or
building in which the well is being sunk.
(l) Where the person on whom the order or a
notice is to be served is a minor, service upon his
guardian in the manner provided in sub-section ( 1)
shall be deemed to be served upon the minor.
No person shall be entitled to claim any damages or
compensation from the Government for any loss
sustained by him by virtue of any action taken
under this Act.
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2016 THE ASSAM GAZETIE, EXTRAORDINARY, MAY 19, 2012
Delegation of 15.
powers and
duties.
Members and 16.
omployees of the
State Authority
to be public
servants.
Protection of 17.
action taken
in good faith.
Cognizance
,and tri~ of
offences.
18.
The State Authority may, by general or special order
in writing, direct that all or any of the powers or
duties which may be exercised or discharged by it
shall, in such circumstances and under such
conditions, if any, as may be specified in its order,
be exercised or discharged also by any employee
of the Authority specified in this behalf in the
order.
All members and employees of the State Authority
shall, when acting or purporting to act in
pursuance of the provisions of this Act or of any
rules made thereunder, be deemed to be public
servants within the meaning of section 21 of the
Indian Penal Code.
No prosecution, suit or other legal proceeding shall
be instituted against the Government, the State
Authority or any other officer of the Government
or any Member or other employees of the State
Authority for anything. done or intended to be done
in good faith under this Act or the rules made
thereunder.
·(l) No prosecution for an offence under this Act
. ~hall be instituted except by or with the written
consent. of the State Authority· or a person
authorised in this behalf by the State Authority.
(2) No court inferior to that of the Metropolitan
Magistrate or a Judicial Magistrate, 1 sr Class shall
tty any offence under this Act:
CHAPTER- III
Rain Water
harvesting for
ground water
recharge.
19. The over exploitation of ground water due
to ever increasing population, and other
development activities have led to fall in the ground
water table, drying up of wells, reduced
sustainability of tube wells. environmental
degradation etc. in many parts of the State. In order
to improve the gro1md water situation in critical
areas, it is, therefore, essential to adopt rainwater
'harvesting for ground water recharge. In urban
areas. rainwater available from rooftops of
buildings and other areas cah be utilised gainfully
for ground water recharge. Rainwater harvesting
structures feasible in urban areas inclwle recharge
pits, trench, e~isting t.ibe wells or open wells etc. In
rural areas, ground water recharge be taken up
considering watershed a'> a unit. The feasible
recharge structures in rural areas include
construction Qf Gully Plugs, Contour Bonding,
Gabion Structure, Check Dam/Weir, Percolation
tank, Recharge Shaft etc.
•
THEASSAMGAZEITE, EXTRAORDINARY, MAY 19, 2012 2017
Power to
remove
difficulties.
Offonces.
20.
21.
(I) fo imprm e the ground water ~ituation. the
State Authonty may identity ti1e recharge \\Orth:y
areas in the State and issue necessary guideline~ for
adoption of raimvater harvesting for ground water
recharge in these areas. In rural area, watershed
management to facilitate ground water recharge
may be arranged through ccmmunity participation.
The Stare Authority may give appropriate
directions to !he concerned departments of the State
Govenunent to include rainwater harvesting in all
de,1elopment schemes falling under notified areas.
ln urban areas falling in notified areas, the State
Authority may issue directions for constructing
appropriate rainwater harvesting . structures in all
residential, commercial and other premises having
an area of 100 Sq. metres or more in manner
prescribed within th~ stipulated period, failing
which the State Authority ma)· get such rainwater
harvesting strurtures constrncted and recover the
cost incurred along with a penalty as may be
prescribed.
(2) Notwithstanding anything contained in the
relevant laws, the l'v1unicipal Corporation or any
other local authority, as the case may be, may
impose stipulat.ed conditions for providing rooftop
rainwater harvesting stmctures in the building plan
in·: an area of 100 Sq. metres or more, while
according approval for construction. Permanent
watei; and electricity connections shall be extended
only after compliance of the directions given in this
regard.
'.)
(3) The State Authority shall take steps for
promotion of Mass A w.areness and Training
Programmes on Rain Water Harvesting and
Artificial Recharge to Ground Water through
Government Agencies Non Government
Organisations (NGOs) I Voluntary Organisations
(VOs) I Educational Institutions i industries I
Individuals.
CHAPTER-IV
MISCELLANEOUS
If any difficulty arises in giving effect to the
provisions of this Act, the Government may, as
occasion arises, by order, do anythin'g which
appears to it to be necessary or expedient to
remove the difficulty:
Provided that no such order shall be made after
the expiry of the period of 2 (two) years from the
date of commencement of this Act.
(l) For Non-Receipt oflnfonnation
lf any user of grou'nd water -
.(a) contravenes or fails to comply with any of
the provisions of this Act or any rules made
thereunder in supplying information as
prescribed; or
l
• i
,-f
\
2018 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 19, 2012
Compounding
of offences.
22.
~
(b) obstructs the State Authority or any other
person authori:ted by it to exercist! any of the
powers under this Act,
he shall be punishable -
(i) f~r the first offence with fines which may
extend up to Rs. 200/-(Rupees Two Hundred
only); and
{ii) for the second and subsequent offence, with
ftnes which may extend up to Rs. 1.000/-(Rupees
One Thousand only). ,
(2) For Illegal sinking/construction and/or use of
wells.
If any user of ground water -
(a) contravenes or fails to comply with any of
the provisions of this Act or any rule made
thereunder; or
(b) obstructs the State Authority or any other
person authorized by it to exercise any of the
powers under this Act,
he shall be punishable -
(i) for the first offence with fines which may
extend up to Rs. 1,000/- (Rupees One Thousand
only); and
(ii) for the second and subsequent offence, with
impristmment for a term which may extend up to
6 (six) months or with fines which may extend
up to Rs. 10,000/-{Jlupees Ten Thousand only).
(3) Overdrawal of water than the pennitted
quantity.
If any user of ground water -
(a) draws water from the structure exceeding
the permitted quantity; or
(.b) obstructs the State Authority or any other
person authorized by it to exercise any of the
powers under this Act,
he shall be punishable -
(i) for the first offence with fines which may
extend up to Rs. 1,000/- (Rupees One Thousand
only); and
(ii) for the second and subsequent offence, with
imprisomnent for a term which may extend up
to 6 (six) months or with fines which may extend
up to Rs. 10,000/~ (Rupees Ten Thousand only).
" Any offence under this Act may be compounded
by the State Authority as prescribed, either
before or after .the institution of the proceedings
subject to such conditions as may be prescribed.
..
THEASSAMGAZETIE,EXTRAORDINf\RY, MAY19, 2012 2019
Offences by
Companies.
Appeals
Power to
make rules.
23.
24.
t1) Whenever an offence under this Act has been
committed by a Company, every- person who at
the time of the commission of the offence was in
charge of, or was responsible to the _ Company for
the conduct of the business of the Company, shall
be deemed to be guilty of the offence and shall be
liable to be proceeded against and punished
accordingly.
(2) Notwithstanding anything contained in sub
section ( l ), where an offence WJder this Act has
been committed with the consent or connivance
of, or is attributable to any neglect on the part of
any Director, Manager, Secretary or other officer
of the Company, such Director, Manager,
Secretary or other officer shall also be deemed to
· be guilty of that 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 under this Act if he proves that
offence was committed without his knowledge or
that he exercised all due diligence to prevertt the
commission of such offence.
Explanation: For the purpose of this Section
(a) "Company" means any body corporate and
includes a firm or other association or individuals,
and
(b) "Director'', in relation to a finn, means a
partner in the firm.
(1) Any person aggrieved by a decision or action
of the State Authority llllder this Act may, within ·
a period of thirty days from the date on which the
action is taken or the decision is communicated to
him/her and on payment of such fees as may be
prescribed, prefer such an appeal to such
appellate authority as may be specified by the
State Government in this behalf:
Provided that Appellate Authority
may entertain an appeal after the expiry of the
said period of thirty days, if it is satisfied that the
applicant was prevented by sufficient cause from
filing the appeal in time.
(2) On receipt of on appeal under sub-section (1),
the Appellate Authority shall, after giving the
appellant an opportunity of being heard, dispose
of the appeal as expeditiously as possible;
preferably within 60 (sixty) days from the date of
receipt of the appeal.
25. . (1) The State Government may, by notification in the
Official Gazette,make rules to carry out the
purposes of this Act.
(2) In particular and without prejudice to the
.generality of the forgoing power, such rules may
provide for -
2020 THE ASSAM GAZEITE, EXTRAORDINARY, MAY 19, 2012
(a) the tenn of office and manner of fiUi.ng vacancies
and other conditions of the service among the
Members and Chairman of the State Authority .
(b) the functions and the terms and conditions of
service of the employees of lhe Slate tbority .
(c any other manner of affecting service of the
notification under clause (c) of ub-section (J) of
section 5.
(d) the fonn of application under sub-section (2) of
s~tion (6) nd the particulars that may be furnished
with lhese applications.
(e) the form of application under sub-section (I) of
section 7.
(0 the form of the permit and Certificate of
Registration under sub-section (8) of section 6 and
sub-S\!ction (7) of section 7.
(g) the manner in which the specimen of soils or other
matcriaJg shall be kC]'t and preserved under clause
(d) of sub-section ( 1) of section 12.
{h) SJleCifying the Appellate Authority under sub
section (1) of section 24 and the fees to accompany
the application for appeal.
(i) any other matter which is to be or may be
preacribed.
(3) Every rule made under this Section shall be laid, !'!S
soon as may be after tt is made, before the Assam
Legislative Assembly while it is in session for a
total period of fo1irteen days which may be
comprised in one session or in two successive
sessions, and if before the expiry of the session in
which it is so laid or the session immediately
following, Assam Legislative Assembly agrees in
making any modification in the rules or the Assam
Legislative Assembly agrees that the rule should
not be made, the rule sh.all thereafter have effect
only in such modified form or be of no effect, as
the case may be. However, that any such
modification or annulment shall be without
prejudice to the validity of anything previously
done under that rule.
MOHD. ABDUL HAQUE
Secretary to the Govt. of Assam,
Legislative Department, Dispur.
Guwahati :- Printed and Published by the Dy. Director (P & S), Directorate of Ptg. & Sty. Assam, Guwahati-21 .
Ex.GazetteNo.451-300 + 600 -19-5-2012.