LexThe Ground Water (Control and Regulation) Act
Kerala · state statute
Open in Lexace · Ask the AI about this act(Translation in English of “2002-se tIcf `qPew (\nb{´Whpw
{IaoIcWhpw) BIvÁv’’ published under the authority of the Governor)
ACT 19 OF 2002
ANNEXURE VI
THE KERALA GROUND WA TER (CONTROL AND REGULATION)
ACT, 2002
AN
ACT
To provide for the conservation of ground water and for the regulation and
control of its extraction and use in the State of Kerala.
Premble- Whereas it is expedient to provide for the conservation of Ground
Water and for the regulation and control of its extraction and use in the State of
Kerala;
And Whereas in certain, areas of the State the tendency of indiscriminate
extraction of Ground Water is continuing;
And Whereas it is felt that the erratic extraction of gr ound water is found to
result in undesired environmental problems in such areas;
And Whereas the groundwater is a critical resource of the State;
And Whereas it is considered necessary in the public interest to regulate and
control any form of development of ground water in State of Kerala;
Be is enacted in the Fifty-third Year of the Republic of India as follows:-
1. Short title, extent and commencement -(1) This Act may be called the
Kerala Ground Water (Control and Regulation), Act, 2002.
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force on such date as the Government may by
notification in the Gazette, appoint:-
Provided that different dates may be appointed for different areas and for
different provision of the Act and any re ference in any such -provision to the
commencement of this Act shall be constructed as a reference to the commencement
of such provision.
2. Definition - (1) In this Act, unless the context otherwise requires,
(a) “Authority” means “the State Ground Water Authority” constituted under
subsection (1) of section 3 of this Act;
(b) “Government” means the Government of Kerala;
(c) “Ground Water” means the water which exist below the surface of the
ground at any location or at any particular category of locations;
(d) “notified area” means the area notified under sub-section (1) of section 6
of this Act;
(e) “Prescribed” means prescribed by rules made under this Act;
(f) “pumping well” means a well fitted with -pump driven by an electric
motor or oil en gine for pumping water but does not include open wells fitted with
pumps driven by engine or motor of Horse Power upto 1.5 and tube wells, borewells
and dug-cum borewells fitted with pumps driven by engine or motor of Horse Power
upto 3;
(g) “digging” with all its grammatical variations and synonyms, includes digging
or drilling of new wells, putting in pipes or drilling making tunnels or increasing
depth or diameter of the existing wells;
(h) “user of ground water” means any person using ground water fro m a
pumping well for any purpose including domestic purpose;
(i) “Well” means any structure made on the surface of earth by any person
other than officers authorized by State Government or Central Government, for the
purpose of drawing ground water for se arch, development, use or management of
ground water resources and -includes open well, dug well, borewell, dug -cum
borewell; tube well, storage well, infiltration gallery, but shall not include open well
or dug well used for domestic purposes.
3. State Gr ound Water Authority -(1) The Government shall, by
notification in the Gazette constitute an authority called the State Ground Water
Authority with effect from such date as may be specified therein.
(2) The authority shall be a body corporate having perpe tual succession
and common seal with power subject to the provisions of this Act, to acquire, hold
and dispose of property, both movable and immovable and to enter into contract and
shall by the name of the Authority sue and be sued.
(3) The Authority shall consist of the following members, namely:-
(i) the Secretary to Government, Water Resources Department; Ex
Officio who shall be Chairman of the Authority;
(ii) the Secretary to Government, Finance Department; Ex offcio;
(iii) the secretary to Govt Local Self Go vernment (Rural
Development) Department Ex-Officio
(iv) The Director, Ground Water Department; Ex -Offcio, who shall
be the Secretary of the Authority;
(v) The following persons nominated by the Government
(a) two members of the Legislative Assembly
(b) an expert in Water Resource;
(c) a member of Grama Panchayat;
(d) a member of Municipal Council;
(e) a member belonging to a Scheduled Caste or Scheduled Tribe;
(f) a Woman;
(g) a public man;
(h) an environmental activist.
(4) The term of office of the nominated members shall be three years.
(5) Any nominated member may resign his official at any time by a
resignation letter addressed to Government.
Provided that the resignation shall not come into effecting until it is accepted.
(6) The conditions of the service of the members of the Authority shall be,
such as may be prescribed;
4. Acts not to be invalidated by irregularity, vacancy etc - No act done or
proceedings taken by the authority shall be invalidated merely on the following
reasons-
(a) any vacancy or any defect in the constitution of the authority; or
(b) any defect or irregularity, in the appointment of a person action as a
member of the authority.
5. Officers and staff of the Authority - All officers and other employe of
the Ground Water Dep artment shall, for the purpose of this Act, be considered as the
officers and staff of the Authority and they shall exercise the powers and perform the
duties assigned to them from time to time by the Authority in writing:
Provided that the Government may depute such number of scientists and
technicians, as it may deem necessary for the purpose of the proper functioning of the
Authority under this Act or for the proper exercise of the powers under this Act.
6. Notifying areas for the control and regulatio n of ground water
development: - (1) The Government may, if satisfied on the recommendation of the
authority, that it is necessary in the public interest to regulate the extraction of use of
ground water of any area, declare by notification, in the Gazette, such area as notified
are or the purpose of this Act, with effect from such date as may be specified therein.
(2) Every notification issued under sub -section (1) shall be published in
the Gazette as well as in two daily newspapers having wide circulat ion in the said
areas and a copy of the same shall be exhibited. On the notice board of the office of
the Grama Panchayat or Municipality, as the case may be and Village Office of the
said area.
7. Grant of Permit to extract and use ground water. -(1) Any person desiring to
dig a well or to convert the existing well into pumping well, for his own or social
purpose in the notified area, shall submit an application before the Authority for the
grant of a permit it for the purpose and shall not proceed with a ny activity connected
with such digging or convertion unless a permit has been granted by the Authority.
(2) Every application under sub-section (1) shall be in such form and shall
contain such particulars as may be prescribed:
(3) The Authority shall acknowledge the receipt of every application in the
manner as may be prescribed.
(4) On receipt of an application under sub -section (1) the Authority shall,
if satisfied that it shall not be against the public interest so to do grant; subject to such
conditions as may be prescribed permit authorizing to draw ground water or reject the
application.
Provided that no person shall be refused a permit without giving an
opportunity of being heated.
(5) The decision regarding the grant or refusal of the permit shall be
communicated to the applicant by the Authority in writing with in ninety days from
the date of receipt of the application.
(6) Where the Authority received the application under sub -section (1)
fails to inform “the applicant” of its decision on the application within ninety days from
the date of receipt of the application, the permit shall be deemed to have been granted
to the applicant and such person shall for the purpose of this Act be deemed to be a
permit holder.
(7) In granting or refusing the permit the Authority shall consider the
following matters, namely:-
(a) the purpose or purposes for which the water is used;
(b) the other existing users of that locality
(c) the availability of ground water of that area;
(d) the quality of ground water in connection with its use;
(e) the distance of the proposed well with the adjoining well and the
number of wells in the area and the chance of interference with
existing wells;
(f) chances of ground water pollution;
(g) the long term nature of ground water level in the area
(h) any other factors relevant thereto
8. Registration of the existing wells of the notified area -(1) Every owner
of the existing wells of the notified area in the State shall, within a period of one
hundred and twenty days from the date of constitution o f the Authority, register the
wells existing and in use and shall apply to the Authority in such form and in such
manners as may be prescribed for a certificate or registration:
Provided that If the Authority is satisfied that there are sufficient reasons for
the applicant for not submitting the application within the said time limit it may
entertain the application submitted thereafter.
(2) The details to be furnished in an application under sub -section (1) shall
contain such particulars and shall be in such manner as may be prescribed.
(3) On receipt of an application under sub -section (1) the Authority shall,
if satisfied that it shall not be against the public interest so to do, register the well
subject to such conditions and restrictions as may be p rescribed and issue a certificate
of registration to the applicant or reject the application.
Provided that no application for registration shall be rejected without giving
the applicant an opportunity of being heard.
(4) The decision regarding the grant or refusal of certificate of registration
shall be communicated to the applicant by the Authority within ninety days from the
date of receipt of the application.
(5) The Authority shall consider the following matters before granting or
rejecting the application for registration of well under sub-section (3) namely:-
(a) the purpose for which water is used;
(b) the other existing users of that locality;
(c) the rate of re-charge of the area of influence of the well;
(d) the quality of ground water in the location;
(e) the long term nature of water level of well;
(f) the other relevant factors.
(6) The Certificate of registration shall be in the form prescribed.
(7) Until the Authority intimates the decision regarding grant or rejection
of registration under sub-section (1), every owner of existing well in the notified area
shall be entitled to the continued use of ground water in the same manner as before
the date of application.
(8) In case a registered well becomes unuseful, the owner shall inform the
matter in writing to the Authority immediately.
9. Registration of user of Ground Water - (1) All users of ground water in
the State shall within one hundred and twenty days from the date of constitution of
the Authority, apply, to be registered with the Authority as a user of ground water in
the State and for grant of certificate of registration.
(2) On receipt of an application under sub -section (1) the Authority shall;
if satisfied that it shall not be against public interest so to do; grant registration subject
to the conditions and restrictions as may be prescribed, and issue a certificate of
registration or reject the application:
Provided that no application for registration shall be rejected without giving
the applicant an opportunity of being heard.
10. Protection of Public drinking water sources: -(1) Nowithstanding
anything contain in this Act, no person shall without the permission of Authority dig
well for any purpose within thirty meters from any drinking water source from where
water is pumped for public purpose.
Provided that the provision in sub -section (1) shall not apply to the digging of
a well for any drinking water scheme implemented by the Government or local
bodies.
(2) Every application for permission under sub-section (1) shall be in such
form as may be prescribed and shall be submitted to the Authority with such fees as
may be fixed.
(3) On receipt of an application under sub -section (2) and if it is satisfied
that digging of well shall not adversely affect the public drinking water sou rce,
permission may, subject to such restrictions and conditions mentioned therein, be
granted to dig the well for the purpose of drinking water or for agriculture:
Provided that if the decision of the Authority is not communicated to the
applicant within ninety days from the date of application permission shall be deemed
to have been granted and the permission so deemed to have been granted shall be
subject to the laws in this regard.
11. Power to make changes to the conditions in the permit or certifica te of
registration- At any time after any permit or certificate of registration has been
granted, the authority may, after giving the owner an opportunity of being heard,
make change, amend or modify the condition, in the permit or certificate of
registration, as the case may be, on technical reasons.
Provided that before taking such action, the Authority shall ensure that no
standing crops are damaged by this decision.
12. Cancellation of permit or certificate of registration - The Authority
may if satisf ied on receipt of any information on or on the basis of its own studies
that,-
(a) the permit it or certificate of registration under this Act is not based on
facts;
(b) the holder of the permit or certificate or registration has, without any
reasonable cause, failed to comply with the conditions subject to which the permit or
the certificate of registration has been issued, or has contravened any of the provisions
of this Act or rules made thereunder; or
(c) a situation has arisen which warrants limiti ng of the use or extraction of
ground water in the area around well;
without prejudice to any other penalty to which the holder of the permit or certificate
of registration may be subjected to under this Act, and after giving the holder of
permit or certif icate of registration an opportunity of being heard cancel the permit
certificate of registration.
13. Grants From State Government .- The Government shall, after due
appropriation made by the State Legislative by law in this behalf , provide to the
Ground Water Authority by way of grants such sum of money as it may consider
necessary for carrying out the purpose of this Act.
14. Fund of the Grant water Authority .- The Authority shall have a Fund to be
called The Ground Water Authority Fund and,-
(a) all sums to money received by the authority by way of grant loan or
otherwise from the central or state Governments or from Financial Institutions;
(b) all other sums of money received by, or on behalf of the Authority;
shall be credited to it.
(2) The Grou nd Water Authority Fund shall be utilized for meeting the
expense of the activities of the Authority.
15. Powers of Ground Water Authority.- (1) The Authority shall have power.-
(a) to enter any property and to measure the quantity of water located on
the surface of earth or under the earth.
(b) to inspect any well which is dug or being dug and the soil and other
materials excavated there from;
(c) to take samples of such soil or other materials or water extracted on
such wells.
(d) to enquire, by order in writing the persons digging a well to keep and
preserve in such manner as may be prescribed, the samples of soil or materials
extracted from there as directed by the Authority for a period not exceeding three
months from the date of completion or abandonment of the work;
(e) to examine and take copies of the relevant records or documents and
for obtaining and information required for the implementation of the objects of this
Act, to ask any question on matters including the diameter or depth of the well which
is dug or being dug, the level at which the water was found out or may be found out
and subsequently restored or rested, the types of strata encountered in the digging of
well and the quality of water found out;
(f) to enquire the user of ground water to install water measuring
instrument in any water supply machinery. When it is necessary for the proper use of
water or there is reason to believe that the user is not complying the provisions
contained in this Act or to protect public interest.
(g) to seize the equipments and instruments used for unauthorized digging
and to destroy partially or completely the work done.
(h) to require any user of water who does not comply with the provisions
of this Act and the rules made there under, to stop any water apply or to destroy any
hydraulic work which is found un authorized as per the provisions of this Act and the
rules made there under.
(i) to enter and research any place with such assistance as is deemed
necessary, if there is reason to be lieve that an offence under this Act has been
committed or is being committed and to order in writing the person, who has
committed or is committing the offence not to use the ground water for a specified
period not exceeding thirty days.
(j) to take nec essary steps to present the installation of drainage pipes etc.
affecting the water source and to prevent depositing of water materials in the surface
water sources if it is likely to affect the ground water sources;-
(k) to exercise such other powers that may be necessary for the
implementation of the objects of this Act or the rules made thereunder.
(2) The Authority shall perform such functions as may be assigned by the
Government from time to time in accordance wi h the objective of this Act.
(3) In case where any user of ground water makes any default in doing any
act as required by the authority in exercise of the power under sub -section (1), the
authority shall have power to perform such act directly and or realize the expense
incurred in that behalf from that person in such manner as may be prescribed.
(4) The provisions of the Code of Criminal Procedure, 1973 (Central Act 2
of 1974) shall, as far as possible, apply to any search held or seizure made under this
Act.
(5) Where the authority seizes any machinery or instruments under clause
(g) of sub -section (1), it shall as soon as may be within ten day report to magistrate
and take his order for the custody of the same.
16. Implementation of orders, etc .- every order under section I shall be furnished
to the user in such manner as may be prescribed.
17. Delegation of powers and duties .- The Authority may, by gener or special
order in writing, direct that all or any of the powers and duties to be exercised or
performed by it shall be exerc ised or performed by such employee of the Authority
under such circumstances and on such conditions as may be specified therein.
18. Members and Employees of Ground Water Authority to be public servants. -
All members and employees of the Authority while a cting or purporting to Act under
the provisions of this Act or any rules made thereunder shall be deemed to be public
servants within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act
45 of ‘1860);
19. Protection of action taken in go od fail:- No suit prosecution or other legal
proceedings shall lie against the govt. or authority or any officer of the govt.or any
member or other employees of the authority for anything which is in good, faith done
or purported to be done under or in pursuance of this act or the rules made there under
20. Cognizance of offences and Trial .- No court shall take cognizance of any
offence publishing under this Act except on a report in writing of the facts
constituting such offence submitted with the prior permission of the Secretary of the
Authority.
21. Penalties.- (1) If any owner or user of a well contravenes any of this
provisions of this Act of Rules made thereunder or fails to comply with the rules, in
furnishing any information in the manner prescribed, he shall be punishable.
(i) with fine which may extend to five hundred rupees for the first
offence; and
(ii) with fine which may extend to one thousand rupees for the second and
subsequent offences.
(2) If for the unauthorized digging or construction or use of wells any user
of ground water or the owner of a well.
(a) Contravenes any of the provisions of this Act or the rules made
thereunder of fails to comply with the same; or
(b) obstructs the Authority or any other person authorized by it exercising
any of the powers under this Act, he shall be punishable,-
(i) with fine which may extend to two thousand rupees for first offences;
and
(ii) with imprisonment up to six months or a fine which may extend to ten
thousand rupees for the second or subsequent offences.
22. Compounding of offences .- The Authority may in such manner as may be
prescribed, compound any offence under this Act which is liable to be punished with
a fine not exceeding, two thousand rupees.
23. Offences by Companies .- If an offence punishable under this Act is committed
at any time by a company every person who is in charge of and responsible to the
company for the conduct of its business at the time of the commission of the offence
and the company shall be deemed to be responsible for the offence and shall be liable
to be proceeded against and punished accordingly.
Provided that where any offence under this Act has been committed by a
company and it is proved that the commission of the offence is with the consent an d
connivance or attributable to any neglect on the part of any Director, manager,
Secretary of other officer of the company such Director, Manager, Secretary of other
officers shall be deemed to be responsible for that offence and shall be liable to be
proceeded against and punished accordingly.
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 firm means the partner in the firm.
24. Appeals. - (1) Any person aggrieved by the decision or action of the Authority
under this Act may, within thirty days from the date on which such action is taken or
the date of communication of that decision to him, and remitting such fees as ma y be
determined, prefer an appeal to such Authority as may be prescribed.
Provided that the Appellate Authority may entertain an appeal preferred after
the expiry of the said period of thirty days if it is satisfied that the appellant has
sufficient causes for not filling the appeal in time.
(2) Or receipt of an appeal under sub -section (1) the Appellant Authority
shall dispose of the appeal as early as possible after giving the appellant a reasonable
opportunity of being heard.
25. Accounts and Audit .- (1) The Authority shall maintain true and proper
accounts and other relevant records and prepare and annual statement and a balance
sheet containing accounts of income and expenditure in such form and in such manner
as may be prescribed.
(2) The accoun ts of the Authority shall be inspected and audited in
accordance with the provisions of the Kerala Local Fund Audit Act, 1994 (14 of
1994)
(3) The accounts of the Authority as audited and certifies together with the
audit report there on shall be forwar ded annually to the Government and the
Government shall, as early as possible cause the same to be laid before the Legislative
Assembly.
26. Removal of difficulties .- (1) If any difficulty arises in giving effect to the
provisions of this Act, the Governm ents, may by order do anything not inconsistent
with the provisions of this Act, which appear to the necessary for the purpose of
removing the difficulty.
Provided that Government shall not issue any order under this sub section after
the expiry of two years from the date of commencement of this Act.
(2) Every order issued under sub -section (1) 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 fourteen days which may be comprised i n one session or in two successive
session and if before the expiry of the session in which it is no laid or the session
immediately following the Legislative Assembly make any modification in the order
or decides that the order should not be issued the or der shall thereafter have effect
only in such modifies form or be of no effect as the case may be, so however, that any
such modification or annulment shall be without prejudice to the validity of anything
previously done under that order.
27. Power to ma ke rules.- (1) The Government may, be notification in the Gazette,
make rules to carry out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power such rules may provide for the following matters, namely:-
(a) service conditions of the members of the Authority
(b) procedure for convening meeting of the Authority and other matters
ancillary thereto
(c) power and functions of the Secretary of the Authority
(d) duties and service conditions of the staff of the Authority
(e) any other manner of issuing notification under sub -section (3) of
section 6;
(f) format of application form permit and the certificate or registration
under various sections of this Act:
(g) mode of keeping and maintaining samples of soil and other materials
as per clause (d) of sub section (1) of section 15;
(h) for specifying the Appellate Authority and the fee payable along with
the appeal memorandum under sub-section (1) of section;
(i) any other matter which is required to be or may be prescribed.
(3) Every rule made under this Act 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 o f the session in which it is so laid or the session
immediately following, the Legislative Assembly makes any modification in the rule
or decides that the rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect as the case may be; so, however, that any
such modification or annulment shall be without prejudice to the validity of any thing
previously done under that rule.
The Kerala Legislative Assembly passed this Bill on the Ist day of August
2002.