The Himachal Pradesh Ground Water (Regulation and Control of Development and Management) Act, 2005

AUTHORITATIVE ENGLISH TEXT 
THE HIMACHAL PRADESH GROUND WATER (REGULATION 
AND CONTROL OF DEVELOPMENT AND 
MANAGEMENT) ACT, 2005 
ARRANGEMENT OF SECTIONS 
Sections: 
1.  Short title and commencement. 
2.  Definitions. 
3.  Establishment of the Authority. 
4.  Staff of the Authority. 
5.  Power to notify areas to regulate and control the development 
and management of ground water. 
6.  Authority to maintain data base on ground water. 
7. Grant of permit to extract and use ground water. 
8.  Registration of existing users of ground water. 
9.  Registration of drilling agencies. 
10. Powers to alter, amend or vary the terms of the permit or 
certificate of registration. 
11.  Cancellation of permit/certificate of registration. 
12.  Royalty in respect of use of ground water. 
13.  Powers of the Authority. 
14.  Installation of measuring devices. 
15.  Rain water harvesting for conservation and ground water 
recharge. 
16.  Service of order etc. 
17.  Delegation of powers and duties. 
18. Members and employees of the Authority to be public 
servants. 
19.  Protection of action taken in good faith. 
20.  Cognizance and trail of offences. 
21.  Offences and penalties. 
22.  Compounding of offences. 
23.  Offences by companies. 
24.  Appeals. 
THE HIMACHAL PRADESH. GROUND WATER (REGULATION AND CONTROL 
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25.  Power to make rules. 
THE HIMACHAL PRADESH GROUND WATER (REGULATION 
AND CONTROL OF DEVELOPMENT AND 
MANAGEMENT) ACT, 2005 
(ACT NO. 31 OF 2005)1 
(Received the assent of the Governor on the 27th October, 2005 and 
was published in Hindi and English in the Rajpatra, Himachal Pradesh (Extra-
ordinary), dated 28th October, 2005, pp. 4203-4228). 
An Act to regulate and control the development and management of 
ground water and matters connected therewith. 
BE it enacted by the Legislative Assembly of Himachal Pradesh in the 
Fifty-sixth Year of the Republic of India, as follows:- 
1. Short title and commencement.- (1) This Act may be called the 
Himachal Pradesh Ground Water (Regulation and Control of Development 
and Management) Act, 2005. 
(2) It shall come into force on such date as the state Government may 
by notification, in the Official Gazette, appoint. 
2. Definitions.- In this Act, unless the context otherwise requires,- 
(a)  “Act” means the Himachal Pradesh Ground Water 
(Regulation and Control of Development and Management) 
Act, 2005; 
(b)  “artificial recharge to ground water” means the process by 
which ground water reservoir is augmented beyond the 
natural condition of replenishment; 
(c)  “Authority” means the Himachal Pradesh Ground Water 
Authority established under section 3 of this Act; 
(d)  “drinking water” 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 
cooking, bathing, washing, cleansing and other day-to-day 
activities and shall include water meant for consumption by 
the livestock ; 
(e)  “exploitation limit” means such limit where the estimated 
annual ground water extraction is more than eighty-five 
percent of the estimated average annual ground water 
recharge; 
                                                 
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects 
and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 10th 
August, 2005, pp. 2336 and 2350. 
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OF DEVELOPMENT AND MANAGEMENT) ACT, 2005 
 
(f) “Government” or “State Government” means the Government 
of Himachal Pradesh; 
(g)  “ground water” means the water which exists below the 
ground surface in the zone of saturation and can be extracted 
through wells or any other means or emerges as springs and 
base flows in streams and rivers; 
(h)  “notified area” means the area notified under section 5 (5) of 
this Act ; 
(i)  “Official Gazette” means the Rajpatra of Himachal Pradesh; 
(j) “prescribed” means prescribed by rules made under this Act; 
(k)  “rain water harvesting” is the process of collection and 
storage of rain water at surface or in sub-surface aquifer; 
(l)  “royalty” means the royalty payable to the State Government 
under section 12 of this Act; 
(m) “sink” with all its grammatical variations and cognate 
expression in relation to a well includes any digging, drilling 
or boring of new wells or deepening of the existing wells; 
(n)  “State” means the State of Himachal Pradesh; 
(o)  “user of ground water” means a person or an institution 
including a company or an industry or an establishment, 
whether Government or not, who or which uses ground water 
for any purpose excluding domestic use; 
(p)  “well” means a structure sunk for the search or extraction of 
ground water by any person, 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 shall include open well, dug well, bore 
well, dug-cum-bore well, tube well, filter point, collector 
well, infiltration gallery, recharge well, disposal well, or any 
of their combinations or variations, except any manually 
operated device for extraction of ground water. 
3. Establishment of the Authority.- (1) 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 
Himachal Pradesh Ground Water Authority”. 
(2) The Authority shall have as members,-- 
 
(i) Engineer-in-Chief, Irrigation and Public 
Health, Himachal Pradesh   
.. Chairman, 
(ii) Principal Chief Conservator of Forests, 
Himachal Pradesh  
.. Member, 
THE HIMACHAL PRADESH. GROUND WATER (REGULATION AND CONTROL 
OF DEVELOPMENT AND MANAGEMENT) ACT, 2005 
 
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(iii) Director, Industries, Himachal Pradesh. .. Member, 
(iv) Director, Rural Development and 
Panchayati Raj Department, Himachal 
Pradesh 
.. Member, 
(v) Director, Agriculture Department,    
Himachal Pradesh 
.. Member, 
(vi) Head, Remote Sensing Cell, Himachal 
Pradesh 
.. Member, 
(vii) Member-Secretary, Pollution Control 
Board, Himachal Pradesh  
.. Member, 
(viii)Nominee of Himachal Pradesh State 
Electricity Board 
.. Member, 
(ix) Regional Director, Central Ground 
Water Board 
.. Member, 
(x) Superintending Engineer (Planning and 
Investigation Unit-II), Irrigation and  
Public Health  Department 
.. Member-
Secretary and 
(xi) Such other members not exceeding 
five, who in the opinion of the State 
Government have special knowledge or 
practical experience in matters relating 
to management of ground water 
resources. 
 
(3) The members shall advise the Chairman who shall be the Chief 
Executive of the Authority. 
(4) The headquarters of the Authority shall be at Shimla. 
4. Staff of the Authority.- The State Government may deploy such 
member of technical personnel and other staff with the Authority as it may 
consider necessary. 
5. Power to notify areas to regulate and control the development 
and management of ground water.- (1) The Authority shall function under 
the over all control and supervision of the State Government. 
(2) If the Authority is of the opinion that it is necessary or expedient 
in the public interest to control and or regulate the extraction of ground water 
in any form in any area, it shall advise the State Government to declare any 
such area to be a notified area for the purposes of this Act. 
(3) The State Government after examining the advice of the 
Authority, received under sub-section (2), and after making such further 
enquiry, as it may deem fit, may by notification, declare such area or part 
thereof to be the notified area, with effect from such date, as may be specified 
therein: 
Provided that the State Government may suo motu by notification 
declare its intention to notify any area to be the notified area under this 
section, if deemed necessary. 
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(4) Every such notification issued under sub-section (3) shall, in 
addition to its publication in the Official Gazette, be published in not less than 
two daily regional language newspapers having wide circulation in the State 
and shall also be served by affixing a copy of the notification at the offices of 
the Gram Panchayats located in the said area and at some conspicuous places 
of the locality. 
(5) The persons likely to be affected by the notification issued under 
sub-section (3), may file objections or suggestions within thirty days from the 
date of publication of the same in the Official Gazette, against such 
declaration to the State Government which shall be decided by it within thirty 
days, after public hearing and thereafter, final notification shall be issued 
within thirty days. 
(6) If in the opinion of the Authority, the availability of the ground 
water has improved in a notified area, it may advise the State Government to 
de-notify such area, and the State Government may in the like manner, de-
notify such area. 
(7) The Authority shall take steps to ensure that exploitation of 
ground water resources does not exceed the natural replenishment to the 
aquifers and wherever, there is mismatch, steps shall be taken to ensure 
augmentation of ground water resources in addition to regulatory measures. 
6. Authority to maintain data base on ground water.- The 
Authority shall maintain and update the data base on ground water resources 
of the State. 
7. Grant of permit to extract and use ground water.- (1) Any user 
of ground water desiring to sink a well within notified area, for any purpose 
shall, on payment of such fee as may be prescribed, apply to the Authority for 
grant of a permit, and shall not proceed with any activity connected with such 
sinking unless a permit has been granted by the Authority. 
(2) Every application made under sub-section (1) shall be in such 
form and contain such particulars as may be prescribed. 
(3) The Authority shall consider the application made under sub-
section (1) and if satisfied, may grant a permit, in such form as may be 
prescribed, subject to such conditions and restrictions as may be specified, 
within sixty days from the date of receipt of the application: 
Provided that while considering the application the Authority shall 
give first priority for drinking water needs in preference to other needs: 
Provided further that no permit shall be refused without affording an 
opportunity of being heard. 
(4) The decision regarding grant or refusal of the permit shall be 
intimated by the Authority to the applicant within a period of thirty days from 
the date of decision. 
(5) In granting or refusing a permit under sub-section (3), the 
Authority shall have regard to - 
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(a)  the purpose or purposes for which water is to be used; 
(b)  the existence of other competitive users; 
(c) the availability of water; 
(d)  quality of ground water to be drawn with reference to 
proposed usage; 
(e)  spacing of ground water structures keeping in view the 
purpose for which water is to be used; 
(f)  minimum distance of two hundred meters in case of shallow 
well and three hundred meters in case of tube well from the 
existing source of water supply scheme or irrigation scheme, 
as the case may be; 
(g)  long term ground water level behaviour; and 
(h)  any other factor relevant thereto. 
8. Registration of existing users of ground water.- (1) Every 
existing user of ground water in a notified area shall, within a period of two 
months from the date of establishment of the Authority shall, make an 
application on such form containing such particulars and fees, as may be 
prescribed, to the Authority for the grant of certificate of registration 
recognizing its existing use: 
Provided that the Authority may entertain any such application after 
the expiry of the said period of sixty days, if it is satisfied that the user was 
prevented by sufficient cause from filing application in time. 
(2) On receipt of an application under sub-section (1), if the Authority 
is satisfied that it shall not be against the public interest to do so, it shall grant, 
subject to such conditions and restrictions as may be specified therein, a 
certificate of registration in such form as may be prescribed authorizing 
continued use of the ground water: 
Provided that while considering the application, the Authority shall 
give first priority for drinking water needs in preference to other needs: 
Provided further that no user of ground water shall be refused a 
certificate of registration without being given an opportunity of being heard. 
(3) The decision regarding grant or refusal of the certificate of 
registration shall be intimated by the Authority to the applicant within a 
period of thirty days from the date of decision. 
(4) In granting or refusing a certificate of registration under sub-
section (2), the Authority shall have regard to,- 
(a)  the purpose or purposes for which water is to be used; 
(b)  the existence of other competitive users; 
(c)  the availability of water; 
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(d)  quality of ground water with reference to its usage; 
(e)  spacing of ground water abstraction structures keeping in 
view the purpose for which water is to be used; 
(f)  long term ground water level behaviour ; and 
(g)  any other factor relevant there to. 
(5) Every existing user of ground water in the notified area during 
pendency of decision of the Authority under sub-section (2) shall be entitled 
to the continued use of the ground water in the same manner and to the same 
quantity as he was entitled prior to the date of application. 
(6) If a registered well becomes defunct, this fact shall be 
immediately brought to the notice of the Authority by the user of ground 
water and such well may be used for ground water recharging if in the opinion 
of the Authority it is found fit. 
9. Registration of drilling agencies.- Every rig owner operating in 
the State shall register his machinery with the Authority in such manner and 
on payment of such fee as may be prescribed and shall follow the instructions 
issued by the Authority. 
10. Power to alter, amend or vary the terms of the permit or 
certificate of registration.- At any time after a permit or certificate of 
registration, as the case may be, has been granted, the Authority may, for 
reasons to be recorded in writing, alter, amend or vary the terms of the permit 
or certificate of registration, as the case may be: 
Provided that no change shall be made in the permit or certificate of 
registration, as the case may be, unless the user of ground water is afforded an 
opportunity of being heard: 
Provided further that before taking such action, the Authority shall 
ensure that the standing crop(s) are not damaged. 
11. Cancellation of permit/certificate of registration.- If the 
authority is satisfied either on a reference made to it in this behalf or 
otherwise that,- 
(a) the permit or certificate of registration granted, under sub-
section (3) of section 7 of sub-section (2) of section 8 as the 
case may be, is not based on facts, or 
(b) the holder of the permit or certificate of registration has 
without reasonable cause failed to comply with the conditions 
subject to which the permit or certificate of registration has 
been granted or has contravened any of the provisions of this 
Act or the rules made there under, 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 may be liable under this Act, the 
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Authority may after giving the holder of the permit or 
certificate of registration, as the case may be, an opportunity 
of being heard, cancel the permit or certificate or registration, 
as the case may be. 
12. Royalty in respect of use of ground water.- (1) Every user of 
ground water in a notified area shall pay to the State Government a royalty for 
extraction of ground water at such rates and in such manner as may be 
prescribed: 
Provided that a user of ground water who irrigates less than one 
hectare of land, whether owned or leased or both, shall be exempted from 
payment of royalty under this section. 
(2) The State Government may, assign such proportion of the royalty, 
as may be prescribed, for development of ground water resources. 
13. Powers of the Authority.- (1) The Authority or any person 
authorized under section 17 of this Act in this behalf shall have the following 
powers, namely :- 
(a)  to inspect the well, which has been or is being sunk and the 
soils and other materials excavated therefrom; 
(b)  to take specimens of such soils or other materials or of water 
extracted from such wells; 
(c)  to require, by order, in writing the person sinking a well to 
keep and preserve in the prescribed manner specimens of soil 
or any material excavated therefrom for such period not 
exceeding three months from the date of completion or 
abandonment of such work, as may be specified by the 
Authority, and there upon such person shall comply with such 
order; 
(d)  to inspect and to take copies of the relevant record or 
documents and seek any information including diameter or 
depth of the well which is being or has been sunk; the 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, required for 
carrying out the purposes of this Act; 
(e)  to seize any equipment or device utilized for illegal sinking 
and destroy the work executed fully or partly ; 
(f)  to require, by order, any user of ground water who does not 
comply with the provisions of this Act or the rules made there 
under to close down any water supply or destroy any 
hydraulic work found to be in contravention of the provisions 
of this Act or the rules made there under: 
Provided that where the user of ground water does 
not comply with such order within a period of sixty days from 
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the date of issue of the same, the Authority or any person 
authorized in this behalf may carry out the necessary work 
and recover the cost from such user of ground water ; 
(g)  to enter and search with such assistance, if any, as it considers 
necessary, any place in which it has reason to believe that 
offence 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 ground water for a specified period 
not exceeding thirty days; 
(h) to direct an appropriate body to assess exploitation limit of 
ground water in different areas and submit periodic report for 
consideration of the Authority ; 
(i)  to exercise such other powers as may be necessary for 
carrying out the purposes of this Act or the rules made there 
under. 
(2) The power conferred by this section includes the power to break 
open the door of any premises where sinking, extraction and use of ground 
water may be going on: 
Provided that the power to break open the door shall be exercised 
only after the owner or any other person in occupation of the premises, if he is 
present therein, refuses to open the door on being called to do so. 
(3) The provisions of the Code of Criminal Procedure, 1973 (2 of 
1974) shall, so far as may be, apply to any search or seizure under 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 Authority or any person authorized by it seizes any 
mechanical equipment or device under clause (e) of sub-section (1) it shall, as 
soon as may be, inform a Magistrate having jurisdiction and take his orders as 
to the custody thereof. 
14. Installation of measuring devices.- Every user of ground water 
in a notified area shall install water measuring device on ground water 
abstraction structure within a period of thirty days from the date of 
registration under section 7 or 8, as the case may be: 
Provided that where the user of ground water does not comply with 
the provisions of this section within a period of thirty days, the Authority or 
any person authorized in this behalf may install such water-measuring device 
and recover the cost from the defaulting user of ground water. 
15. Rain water harvesting for conservation and ground-water 
recharge.- (1) The Authority may, in order to improve the ground water 
situation, identify the areas of ground water recharge and issue guidelines for 
adoption of rain water harvesting for ground water recharge in such areas. 
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(2) The Authority may, issue directions to the concerned departments 
of the State Government, to include rain water harvesting in all developmental 
schemes within notified areas. 
(3) The Authority may, in urban areas, issue directions, in such 
manner as may be prescribed, for construction of rain water harvesting 
structures in residential, commercial and other premises having plinth area of 
100 square meters or above and in the event of failure to comply with the 
directions so issued, such rain water harvesting structures shall be constructed 
by the Authority and the cost there on shall be recovered along with such 
penalty in such manner as may be prescribed. 
(4) The Authority may, issue directions to the Municipal Corporation 
or any other Local Authority, as the case may be, to impose stipulated 
conditions for providing roof top rain water harvesting structures in building 
plans with plinth area of 100 square meters or above. 
16. Service of orders etc.- (1) Every order or notice made under this 
Act shall be served in the following manner, namely:- 
(a)  by giving or tendering copy of the order or the notice by 
sending it by post to the user of ground water, if such user of 
ground water cannot be found, by giving or tendering the 
copy of such order or notice to any adult member of his 
family or his servant; 
(b)  if the service of such order or notice cannot be effected under 
clause (a), by affixing the copy of such order or notice on 
some conspicuous place of his last known residence or place 
of business or on any part of the land or building in which the 
well is being sunk. 
(2) Where the person on whom an order or a notice is to be served is a 
minor, service of such order or notice upon his guardian in the manner 
provided in sub-section (1), shall be deemed to be served upon the minor. 
17. Delegation of powers and duties.- The State Government may, 
by general or special order in writing, direct that all or any of the powers and 
duties which may be exercised or discharged by the Authority shall, in such 
circumstances and under such conditions, if any, as may be specified in its 
order, be exercised by any person specified in such order. 
18. Members and employees of the Authority to be public 
servants.- All members and employees of the Authority shall when acting or 
purporting to act in pursuance of the provisions of this Act or the rules made 
thereunder be deemed to be public servants within the meaning of section 21 
of the Indian Penal Code. 
19. Protection of action taken in good faith.- No prosecution, suit or 
other legal proceedings shall be instituted against any officer/official of the 
Government or any member or other employee of the Authority for anything 
done or intended to be done in good faith, under this Act, or the rules made 
thereunder. 
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20. Cognizance and trial of offences.- (1) No prosecution for an 
offence under this Act shall be instituted except on a written complaint of the 
Authority or a person authorized in this behalf by the State Government. 
(2) No court inferior to that of a Magistrate of the first class shall try 
any offence under this Act. 
21. Offences and penalties.- (1) If any user of ground water fails to 
supply information required under the provisions of this Act or the rules made 
thereunder or obstructs the Authority or any other person authorized by the 
State Government to exercise any of the powers under this Act, he shall be 
punished for the first offence with fine which may extend to one thousand 
rupees and for the second and subsequent offence with fine which may extend 
to two thousand rupees. 
(2) If any user of ground water sink, constructs or uses well in 
contravention of the provisions of this Act or the rules made thereunder, he 
shall be punished for the first offence with imprisonment for a term which 
may extend to three months or with fine which may extend to five thousand 
rupees, or with both and for the second and subsequent offence, with 
imprisonment for a term, which may extend to six months, or with fine which 
may extend to ten thousand rupees or with both. 
22. Compounding of offences.- Where any offence under this Act 
has been committed, such an offence may, at any time before or after the 
institution of proceedings, be compounded by the Authority, or any other 
officer authorised by the State Government after accepting by way of 
compensation thereof, a sum of money not exceeding such amount as may be 
prescribed, and such composition shall have the effect of discharging such 
person of the offence and no further proceedings shall be taken or continued 
against him in respect of the offence so compounded. 
23. Offences by Companies.- (1) 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 (1), where an 
offence under 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 
prevent the commission of such offence. 
Explanation.- For the purpose of this section- 
THE HIMACHAL PRADESH. GROUND WATER (REGULATION AND CONTROL 
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(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. 
24. Appeals.- (1) Any person aggrieved by an order of the officer 
exercising powers delegated under this Act may, within a period of thirty days 
from the date of such order, on payment of such fee as may be prescribed, 
prefer an appeal to the State Government: 
Provided that the State Government may entertain an appeal after the 
expiry of said period of 30 days, if satisfied that the applicant was prevented 
by sufficient cause from filling the appeal within time. 
(2) On receipt of an appeal under sub-section (1), the State 
Government shall, after giving the appellant an opportunity of being heard, 
dispose of the appeal as expeditiously as possible but not later than six months 
and the decision of the State Government shall be final. 
25. Power to make rules.- (1) The State Government may, by 
notification in the Official Gazette, after previous publication, make rules for 
carrying out the purpose of this Act. 
(2) Every rule made under this section shall be laid, as soon as may be 
after it is made, before the Legislative Assembly while it is in session for a 
total period of fifteen 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, Assembly agrees in making any 
modifications in the rules or Assembly agrees that the rule should not be 
made, the rule thereafter, shall 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 done earlier 
under that rule. 
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