LexThe Maharashtra Groundwater (Development and Management) Act, 2009.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act2013 : Mah. XXVI] 1
THE MAHARASHTRA GROUNDWATER
(DEVELOPMENT AND MANAGEMENT) ACT, 2009
[Text as on 16th May 2024]
——————
CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
STATE GROUNDWATER AUTHORITY, ITS POWERS, FUNCTIONS AND DUTIES
3. State Groundwater Authority.
4. Powers to notify areas to regulate development and management of groundwater.
5. Powers to de-notify areas.
6. Protection of water quality.
7. Registration of well owners in State.
8. Prohibition of drilling of deep -wells, withdrawal of grou ndwater from existing deep -well
and provision for levy of cess.
9. Rain water harvesting for artificial recharge of groundwater.
10. Groundwater Use Plan and Crop Plan.
11. Guidelines for preventive measures.
12. Registration of drilling agencies.
13. Safety measures for well.
14. Delegation of powers and duties of State Authority.
15. Empowered Committee.
16. State Watershed Management Council.
CHAPTER III
DISTRICT AUTHORITY, ITS POWERS, FUNCTIONS AND DUTIES
17. District Authority.
18. Constitution of District Watershed Management Committee.
19. Preparation of Integrated Watershed Development and Management Plan.
20. Power to notify Public Drinking Water Source.
21. Notification of area of influence and prohibition of construction of Wells within certain
limits.
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22. Prohibition of extraction of water from existing well for a certain period.
23. Protection of drinking water sources against contamination.
24. District Authority to be assisted by Panchayat.
CHAPTER IV
DECLARATION OF WATER SCARCITY AREA AND PROTECTION OF DRINKING WATER
SOURCES DURING WATER SCARCITY
25. Declaration of water scarcity area.
26. Regulation of extraction of water from wells in water scarcity area.
27. Payment of Compensation.
28. Powers of District Authority to enquire or implement or enforce the decisions of Watershed
Water Resources Committee.
CHAPTER V
WATERSHED WATER RESOURCES COMMITTEE, ITS POWERS, FUNCTIONS AND DUTIES
29. Establishment, constitution and incorporation o f the Watershed Water Resources
Committee.
30. Groundwater management for existing users of groundwater.
31. Prohibit or limit use of chemical fertilizers or pesticides, etc.
32. Construction of new well in the notified area.
33. Promotion of community participation.
34. Implementation of decisions and plans of Watershed Water Resources Committee.
35. Regulation or prohibition of sand mining.
36. Financial resources for Watershed Water Resources Committee.
37. Transparancy in working of Watershed Water Resources Committee.
CHAPTER VI
ACCOUNTS AND AUDIT
38. Grants and Advances to Watershed Water Resources Committee.
39. Budget of Watershed Water Resources Committee.
40. Accounts of Watershed Water Resources Committee.
CHAPTER VII
GROUNDWATER SURVEYS AND DEVELOPMENT AGENCY, ITS POWERS, FUNCTIONS AND DUTIES
41. Identification, delineation and declaration of basic watershed or aquifer.
42. Delineation of area of influence.
43. Watershed or aquifer based groundwater use plan.
44. Assistance in preparation of Integrated Watershed Development and Management Plan.
45. Technical survey and supporting work.
46. Groundwater Surveys and Development Agency to advise Panchayat, Panchayat Samiti and
urban local bodies in the non-notified areas.
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(Development and Management) Act, 2009
CHAPTER VIII
MISCELLANEOUS
47. Service of order.
48. Directions by Government.
49. Members and employees of State Authority and Watershed Water Resources Committee to
be public servants.
50. Protection of action taken in good faith.
51. Bar to claim compensation.
52. Offences and penalties.
53. Offences by companies.
54. Compounding of offences.
55. Cognizance and trial of offences.
56. Appeals.
57. Power of Government to make Rules.
58. Power to remove difficulties.
59. Repeal and saving.
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(Development and Management) Act, 2009
MAHARASHTRA ACT No. XXVI OF 20131
[THE MAHARASHTRA GROUNDWATER (DEVELOPMENT AND MANAGEMENT)
ACT, 2009.]
[This Act received the assent of the President on the 22nd November 2013; assent was first published
in the Maharashtra Government Gazette, Part IV, on the 3rd December 2013.]
An Act to further facilitate and ensure sustainable, equitable and adequate supply of
groundwater of prescribed quality, for various category of users, through supply and
demand management measures, protecting public drinking water sources and to establish the
State Groundwater Authority and District Level Authorities to manage and to regulate, with
community participation, the exploitation of groundwater within the State of Maharashtra;
and matters connected therewith or incidental thereto.
WHEREAS it is expedient to make a law to facilitate and ensure sustainable, equitable and
adequate supply of groundwater of prescribed quality, for various category of users, through supply
and demand management measures, protecting public drinking water sources and to establish the State
Groundwater Authority and District Level Authorities to manage and to regulate, with community
participation, the exploitation of groundwater within the State of Maharashtra; and matters connected
therewith or incidental thereto; it is hereby enacted in the Sixtieth Year of t he Republic of India as
follows:—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. — (1) This Act may be called the Maharashtra
Groundwater (Development and Management) Act, 2009.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall come into force on such date 2 as the State Government may, by notification in the
Official Gazette, appoint.
2. Definitions.— (1) In this Act, unless the context otherwise requires,—
(i) “aquifer” means geological formation saturated with water below ground;
(ii) “Area of Influence” means the entire area beneath which groundwater or pressure
surface contours are modified by pumping, which includes the area of pumping depression and
area of diversion;
(iii) “artificial recharge to groundwater” means the process by which groundwater reservoir
is augmented in excess of recharge under natural conditions of replenishment;
(iv) “ Deep-Well” means a machine -made pit or hole, usually vertical, that derive s
groundwater from the pores, weathered strata, interstices, fractures or joints of the rocks or soils
that it penetrates, and includes a bore -well, tube-well of normally sixty metre or of more depth,
which taps one or more aquifers;
(v) “District Authority” means the Authority appointed under section 17;
(vi) “ District Watershed Management Committee” means the District Watershed
Management Committee constituted under section 18;
(vii) “drinking water purposes”, in relation to the use of water, means consumption or use of
water by human population for drinking and for other domestic purposes such as cooking,
bathing, washing, cleaning and other day - to - day activities, and includes consumption of water
for similar such relevant purposes for live-stock;
1 For statement of objects and Reasons of the L. A. Bill No. XLII of 2009, see Maharashtra Government Gazette ,
Extraordinary No. 46, Part V-A, dated 15th December 2009, page 25.
2 1st June 2014, vide G.N.W.S. and S.D., No. AaPana 1010/C.R. 127/Papu-15, dated the 28th May 2014.
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(viii) “Empowered Committee” means the Empowered Committee specified under section 15;
(ix) “Expert Bodies” means the Central or the State Government organizations, institutions
or agencies and private sector and non -government organizations, accredited b y the Central
Government or the State Government or the State Authority, working in the groundwater sector;
(x) “Government” or “State Government” means the Government of Maharashtra;
(xi) “groundwater” means water existing in an aquifer below the surface of the ground in the
zone of saturation which can be extracted through wells, borewells, tubewells or any other means
or emerges as springs and base flow in streams and rivers;
(xii) “ Groundwater Surveys and Development Agency” means the Groundwater Surv eys
and Development Agency, under the Water Supply and Sanitation Department of the
Government;
(xiii) “hydrological year” means the year which starts from the 1 st day of the month of June
and ends on the 31st day of the month of May, every succeeding year;
(xiv) “ Integrated Watershed Development and Management Plan” means an Integrated
Watershed Development and Management Plan prepared under sub-section (2) of section 9;
(xv) “non-notified areas” means areas other than the notified areas;
(xvi) “notified areas” means areas included in over -exploited or critical or water quality
affected watershed or aquifer or any such categorization as per the groundwater estimations
carried out, based on the guidelines issu ed, from time to time, by the Central Government and
State Government, which have been notified by the State Authority for regulation of extraction of
groundwater after following the procedure indicated in section 4;
(xvii) “ Panchayat” means a Panchayat established or deemed to have been established
under the 1Bombay Village Panchayats Act, 1958 (Bom. III of 1959);
(xviii) “ Panchayat Samiti ” means a Panchayat Samiti constituted under the Maharashtra
Zilla Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962);
(xix) “prescribed” means prescribed by the rules;
(xx) “Public Drinking Water Source” means a source from which the State Government or a
local authority or such other authority as the State Government may, by notification in the
Official Gazette specify, provides water to the public and includes such well, borewell, tubewell
or any other drinking water source as may be notified by the District Authority;
(xxi) “Public Water Supply System” means the structure relating to a public drinking water
source, including conveying pipelines, storage reservoir, stand posts, cisterns, hand pump, power
pump and all other materials connected thereto, through which water is supplied for drinking
water purposes;
(xxii) “rain water harvesting” means the technique of collection and storage of rain water on
surface or in sub-surface aquifer or other structures;
(xxiii) “recharge worthy area” means area favourable for groundwater recharge and storage,
as delineated by the Groundwater Surveys and Development Agency;
(xxiv) “rules” means the rules made under this Act;
(xxv) “sand mining” means the process of the actual removal or extraction of sand from the
foreshore including rivers, streams, lakes, etc., and also the coastal areas;
(xxvi) “sink” means, with all its grammatical variations and cognate expressions, in relation
to a well, includes digging, drilling or boring of a new well or an existing well, deepening and
modification of radials and galleries of the existing wells;
1 Now see Maharashtra Village Panchayats Act (III of 1959).
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(xxvii) “s takeholders of the area” means the authorities, corporate bodies and persons
concerned with the planning, development, regulation and management of groundwater and uses
thereof;
(xxviii) “State Authority” means the State Ground Water Authority established under section 3;
(xxix) “State Watershed Management Council” means the State Water Council constituted
under section 16 of the Maharashtra Water Resources Regulatory Authority Act, 2005
(Mah. XVIII of 2005);
(xxx) “Talathi” means revenue functionary at the level of village or group of villages;
(xxxi) “urban local bodies” means a Council constituted under the Maharashtra Municipal
Councils, Nagar Panchayats and Industrial Townships Act, 1965 (Mah. XL of 1965), and a
Municipal Corporation constituted un der the Mumbai Municipal Corporation Act (Bom. III of
1888) or 1the City of Nagpur Corporation Act, 1948 (C.P. and Berar II of 1950) or 2the Bombay
Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1949);
(xxxii) “user of groundwater” means the per son or persons or an institution including a
company or an establishment, whether Government or non -Government, Water Users ’
Association, Groundwater Users’ Association, Industrial Users’ Association, co-operative society
registered under the Maharashtra C o-operative Societies Act, 1960 (Mah. XXIV of 1961),
Panchayat, Private Bulk Users, Public Registered Bodies, etc., or any other group of community,
who or which extracts and uses or sells groundwater for any purpose including domestic,
industrial or agricultural purposes;
(xxxiii) “water scarcity area” means an area declared as such by the District Authority under
section 25;
(xxxiv) “watershed” means an area confined within the topographic water divide line, as
identified and notified by the Groundwater Surveys and Development Agency, from time to time,
having regard to the purposes of this Act;
(xxxv) “ watershed or aqu ifer based groundwater us e plan” means the groundwater plan
prepared by the Watershed Water Resources Committee or Panchayat, with the technical
assistance of the Groundwater Surveys and Development Agency, which indicates the
groundwater status or levels in the watershed or aquifer and includes the water account and water
budget of both recharge and withdrawal of groundwater of the area during the hydrological year;
(xxxvi) “Water Resources Act” means the Maharashtra Water Resources Regulatory
Authority Act, 2005 (Mah. XVIII of 2005);
(xxxvii) “Water User’ s Association” means a Water User ’s Association formed at minor
level or above , which represents the users of irrigation water from that segment of any project,
canal or natural flow or storage system;
(xxxviii) “Watershed Water Resources Committee” means the Watershed Water Resources
Committee constituted under section 29;
(xxxix) “well” means a well sunk for the search or extraction of groundwater by a person or
persons and includes 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, excluding the structures sunk by the authorised officials of the Central or the State
Government for carrying ou t scientific investigations, exploration, augmentation, conservation,
protection or management of groundwater.
(2) Words and expressions used and not defined in this Act but defined in various irrigation or
water resources or other related Acts in the State, in force shall have the same meanings as respectively
assigned to them in those Acts.
1 The City of Nagpur Corporation Act, 1948 (C.P. & Berar II of 1950) was repealed by the Bombay Provincial Municipal
Corporation (Amendment) and the city of Nagpur Corporation (Repeal) Act, 2011 by Mah. XX III of 2012, s.7, w.e.f.
5th December 2012.
2 Now see Maharashtra Municipal Corporations Act (LIX of 1949).
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CHAPTER II
STATE GROUNDWATER AUTHORITY, ITS POWERS, FUNCTIONS AND DUTIES
3. State Groundwater Authority. — (1) The Maharashtra Water Resources Regulatory
Authority established under section 3 of the Water Resources Act, shall be the State Groundwater
Authority for the purposes of this Act, who shall exercise the powers conferred on and discharge such
functions and duties as assigned to it, under this Act, in the manner as may be prescribed.
(2) In addition to the five special invitees mentioned in clause ( d) of sub-section (1) of section 4
of Water Resources Act, the State Authority shall invite the Director, Gro undwater Survey and
Development Agency and one expert from the field of groundwater and one woman representing the
users of groundwater as may be specified by the Government and on such terms and conditions as may
be prescribed for assisting the State Authority in taking policy decisions.
4. Powers to notify areas to regulate development and management of groundwater. —
(1) The State Authority, after receiving recommendations from the Groundwater Surveys and
Development Agency and views of various institu tions working in the groundwater field including the
Central Groundwater Authority, based on scientific groundwater quality studies and estimation and
after ascertaining the views of the users of groundwater of the area, is of the opinion that it is necessary
or expedient in the public interest to regulate the extraction or the use of groundwater or both in any
form in a watershed or aquifer area, shall declare such area to be a notified area, by notification in the
Official Gazette, for the purposes of this Act, with effect from such date as may be specified therein.
(2) On notifying an area under sub -section (1), the State Authority shall establish the Watershed
Water Resources Committee under section 29 of this Act, with the objective of promoting and
regulating the development and management of groundwater in the notified area.
5. Powers to de -notify areas. — If in the opinion of the State Authority, the availability and
quality of groundwater has improved in the notified area, it shall, after consultation with the
Groundwater Surveys and Development Agency and after obtaining the views of expert bodies,
including the Central Groundwater Authority, de -notify such area by notification in the Official
Gazette.
6. Protection of water quality. — (1) No user of groundwater shall do anything or release any
effluent that contaminates the groundwater either temporarily or permanently.
(2) The State Authority shall take such measures as may be necessary for the protection and
preservation of water quality of drinking water source within the notified and non -notified areas in the
State, in consultation with the Groundwater Surveys and Development Agency and District Authority.
(3) The State Authority shall take such necessary measures as may be prescribed for the
protection and preservation of groundwater quality of all the existing drinking water sources in the
State, including the measures for protecting the drinking water sources and recharge worthy areas.
(4) The funds required for implementing such measures shall be made available to the State
Authority by the State Government.
(5) The State Authority shall refrain the polluters of the groundwater, including the rural or urban
local bodies, from polluting the groundwater sources and take such measures, as may be prescribed, to
restore the quality of water to the prescribed standards, at the cost of the polluter.
7. Registration of well owners in State. — The State Authority shall ensure the registration of
all the owners of wells both in notified and non -notified areas of the State, in the manner as may be
prescribed.
8. Prohibition of drilling of deep -wells, withdrawal of groundwater from existing deep-well
and provision for levy of cess. — (1) The State Authority shall prohibit the drilling of deep -wells
within the notified and non-notified areas, for agriculture or, industrial usage:
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Provided that, the State A uthority may, after recording the reasons in writing and in the
prescribed manner grant specific permission to any person or user of groundwater to drill any deep
well within the notified or non-notified area, for drinking water purposes.
(2) The State Authority shall regulate, including total ban on, the construction of wells, including
deep-wells, for any purpose within the notified areas.
(3) On the advice of the State Authority, the State Government shall give such guidelines to the
concerned Authority to levy such cess as may be prescribed, on the use of existing deep -wells in the
non-notified areas:
Provided that, the proceeds of cess levied shall be forwarded by the concerned Authority to the
Panchayat or the urban local body, as the case may be, and the same shall be used for implementing
groundwater conservation programme.
(4) The State Authority shall direct the District Authority to exercise a total prohibition on
pumping of groundwater from the existing deep -wells of a depth of sixty metres o r more, in the
notified area. The users of deep -wells in the notified area shall follow the Groundwater Use Plan and
Crop Plan prepared under section 10. The State Government shall levy appropriate cess from such
users till such time these plans are notifi ed. The District Authority shall ensure the implementation in
the manner as may be prescribed.
(5) No person or user of groundwater shall indulge in sale of the groundwater, within the notified
area, without the prior permission of the District Authority obtained in the manner as may be
prescribed.
9. Rain water harvesting for artificial recharge of groundwater. — (1) The State Authority
shall identify the recharge worthy areas in the State, in consultation with the Groundwater Surveys and
Development Agency and the Central Groundwater Board and issue necessary guidelines for rain water
harvesting to recharge groundwater.
(2) The State Authority shall direct the District Watershed Management Committee, in
consultation with the Water shed Water Resources Committee, Panchayat and the Groundwater
Surveys and Development Agency, to prepare an Integrated Watershed Development and Management
Plan for artificial recharge of groundwater on priority for the notified areas and subsequently for the
non-notified areas. This plan shall be a part of the sub-basin and basin-wise water plan of the State.
(3) The State Government and the State Authority shall ensure the implementation of the
Integrated Watershed Development and Management Plan in cons ultation with the Watershed Water
Resources Committee and Panchayats. The State Government shall implement the Integrated
Watershed Development and Management Plan for the artificial recharge of groundwater within the
notified areas on priority. The Distri ct Watershed Management Committee, constituted under this Act,
shall monitor the implementation of the plan in the manner as may be prescribed.
(4) The funds required for implementing such measures shall be made available to the State
Authority by the State Government.
(5) The State Authority shall also ensure the engagement of the stakeholders in watershed
development and management to facilitate groundwater recharge through community participation.
(6) The State Authority shall issue guidelines to dis -incentivise the groundwater users for taking
water intensive crops, in the manner as may be prescribed.
(7) In urban areas falling in notified areas, the State Authority shall issue directives to the
concerned authorities or urban local bodies for ensurin g construction of appropriate rain water
harvesting structures in favourable or technically suitable residential, commercial, industrial and other
premises having an area of one hundred square metres or more within the stipulated period failing
which the urban local bodies may get such rain water harvesting structure constructed and recover the
cost incurred alongwith a penalty from the occupants, in the prescribed manner.
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(8) Notwithstanding anything contained in the relevant laws, the urban local bodies or any other
local authority, as the case may be, may impose necessary conditions for providing rooftop rain water
harvesting structures in the building plan in the area of one hundred square metres or more, before
according approval for construction and permanent water and electricity connections shall be extended
only after compliance of the directions given in this regard, in the manner as may be prescribed.
(9) The State Authority itself or through other agencies shall take steps for promotion of Mass
Awareness and Training Programme for Watershed Water Resources Committee and stakeholders on
rain water harvesting and artificial recharge to groundwater through Government Agencies,
Non-Government Organisations, Volunteer Organisations, educational institutions, Industries or
individuals.
(10) The State Authority may encourage or incentivize the best practices, innovative activities
implemented by the Watershed W ater Resources Committee, village, local community or
Non-Government Organisations, by giving some incentives through State Government in the manner
as may be prescribed.
10. Groundwater Use Plan and Crop Plan. — (1) On the advice of the State Authority, the
State Government shall give directives to the concerned Government authorities to prepare a
prospective Crop Plan based on the Groundwater Use Plan in the notified area, in consultation with the
District Authority, the Watershed Water Resources Commit tee and Panchayat, in the manner as may
be prescribed.
This plan shall be binding on all the stakeholders and non-observance of the plan shall be deemed
to be a cognizable offence under this Act.
(2) The State Government, on the advice of the State Autho rity, shall direct the concerned
Government authorities to create necessary infrastructure and linkages for water efficient crops.
(3) The State Authority, based on the recommendations of the Watershed Water Resources
Committee and the Groundwater Surveys and Development Agency and the watershed or aquifer wise
Groundwater Use Plan and Crop Plan, may declare a total prohibition on the water intensive crops in
the notified areas:
Provided that, any groundwater user in such area may approach the Watershed Wa ter Resources
Committee for permitting cultivation of such water intensive crops in the manner as may be prescribed.
The Watershed Water Resources Committee upon receiving a request for permitting cultivation of such
water intensive crops by any groundwater user in such area, may consider the request for cultivation of
such crops on the condition that the applicant would minimize the usage of groundwater in the
cultivation of such crops and also take such water conservation measures at his own cost to maint ain
the water budget of the village.
11. Guidelines for preventive measures. — The State Authority in consultation with the
Groundwater Surveys and Development Agency, shall issue necessary guidelines to the concerned
Government authorities regarding impl ementation of watershed and aquifer based Groundwater Use
Plan in non-notified areas. The State Authority shall give preference to the areas having possibility of
becoming critical or polluted and also give directives to encourage the farmers in the non-notified areas
for adopting suitable cropping pattern as per the availability of water resources and watershed wise
Groundwater Use Plan.
12. Registration of drilling agencies. — The State Authority shall monitor compulsory
registration of drilling rig owne rs and operators in the State, with the Groundwater Surveys and
Development Agency on such terms and conditions and in the manner as may be prescribed.
13. Safety measures for well. — The State Authority shall issue guidelines to the concerned
Government authorities to take appropriate precautionary measures for the safety of wells. The
Panchayat and the urban local bodies in the area shall monitor it.
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(Development and Management) Act, 2009
14. Delegation of powers and duties of State Authority. — 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 under the Act shall, in such circumstances and under such conditions, if any, as may
be specified in the order issued in this behalf by the State A uthority, be exercised or discharged by any
employee of the State Authority, the District Authority, the Watershed Water Resources Committee or
the Groundwater Surveys and Development Agency.
15. Empowered Committee. — (1) The State Water Board constitute d under section 15 of the
Water Resources Act shall be the Empowered Committee for the purposes of this Act.
(2) The Empowered Committee shall integrate the Integrated Watershed Development and
Management Plan for the entire State and shall submit it to t he State Watershed Management Council
for its approval. This plan shall be a part of the Integrated Watershed Development and Management
Plan.
16. State Watershed Management Council. — (1) The State Government shall, by notification
in the Official Gazette, assign the responsibility of the State Watershed Management Council to the
State Water Council constituted under section 16 of the Water Resources Act.
(2) The State Water Council and State Watershed Management Council shall approve the
Integrated Water shed Development and Management Plan for the entire State and shall ensure its
integration with the State Water Plan.
CHAPTER III
DISTRICT AUTHORITY, ITS POWERS, FUNCTIONS AND DUTIES
17. District Authority. — The State Government shall, by notification in the Official Gazette,
designate any officer not below the rank of Tahsildar, to be the District Authority for such area as may
be specified in the notification for the purposes of this Act.
18. Constitution of District Watershed Management Committee.— (1) The State Government
shall, by notification in the Official Gazette, constitute a District Committee to be known as the District
Watershed Management Committee for the purposes of this Act.
(2) The District Watershed Management Committee shall consist of the Guardian Minister of the
District as Chairperson and one member of the State Legislature from the concerned area including
such other members as may be prescribed to be nominated by the Sta te Government. The Collector
shall be the Member-Secretary of the District Watershed Management Committee.
(3) The decisions of the District Watershed Management Committee, shall be implemented by the
District Authority, in the manner as may be prescribed.
19. Preparation of Integrated Watershed Development and Management Plan. — The
District Watershed Management Committee shall prepare Integrated Watershed Development and
Management Plan for artificial recharge of the groundwater in consultation with the Groundwater
Surveys and Development Agency, the Watershed Water Resources Committee and Panchayat, for the
notified areas on priority and for non-notified areas subsequently, in the manner as may be prescribed.
20. Power to notify Public Drinking Water S ource.— The District Authority shall, by order,
notify the Public Drinking Water Source.
21. Notification of area of influence and prohibition of construction of Wells within certain
limits.— (1) After the Public Drinking Water Source is notified under se ction 20, no person shall sink
any Well for any purpose within a distance of five hundred metres of such Public Drinking Water
Source. The District Authority shall also define and notify the area of influence around the Public
Drinking Water Source, based on the data provided by the Groundwater Surveys and Development
Agency. Upon such area of influence being notified, no person shall sink any Well for any purpose, in
such area of influence :
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Provided that, the provisions of this sub-section shall not apply to the sinking of a Well on behalf
of the State Government or any local authority for being used as a Public Drinking Water Source.
(2) Sinking of any Well in contravention of the provisions of sub -section (1) shall ensue closure
or confiscation of such well by the District Authority. No compensation or damages shall be payable
for any closure or confiscation under this sub -section and any such closure or confiscation shall be
without prejudice to any of the provisions of section 52.
22. Prohibition of extraction of water from existing well for a certain period. — If, any
existing well, within the area of influence, in the notified and non -notified areas or in the notified area
other than an area of influence, is found to be adversely affecting any Publi c Drinking Water Source,
the District Authority may, after ascertaining the views of the Watershed Water Resources Committee
and Panchayat, and on the technical advice of the Groundwater Surveys and Development Agency,
notwithstanding anything contained in any other law for the time being in force having regard to the
quantum and pattern of rainfall and any other relevant factors, and after giving its owner a reasonable
opportunity of being heard, by an order, prohibit the extraction of water from such well for a
reasonable period, in the manner as may be prescribed.
23. Protection of drinking water sources against contamination. — No person shall do
anything which shall contaminate the drinking water source of ground water. The District Authority
shall take necessary action for preservation of quality of groundwater of the drinking water source and
shall regulate extraction of groundwater in villages, in the manner as may be prescribed, where
drinking water sources are getting contaminated by any means.
24. District Authority to be assisted by Panchayat.— The District Authority shall be assisted
by Panchayat in sustainable management of drinking water sources and protection of drinking water
sources during water scarcity, under this Act.
CHAPTER IV
DECLARATION OF WATER SCARCITY AREA AND PROTECTION OF DRINKING WATER
SOURCES DURING WATER SCARCITY
25. Declaration of water scarcity area. — If, at any time during the course of monsoon or
thereafter, the District Authority, Panchayat or Panchayat Samiti based on the advise of the
Groundwater Surveys and Development Agency, suo-motu or on the request of the Watershed Water
Resources Committee or Panchayat, having regard to the quantum and pattern of rainfall and water
level data in watershed area, or any other rel evant factor, is of the view that the availability of the
drinking water from the Public Drinking Water Source in that watershed area of the district is likely to
be less than the requirement of the livestock and human being population of that area as per demand of
Panchayat and Panchayat Samiti, it may, by order, declare such area to be a water scarcity area for such
period, as may be specified in the order, but not exceeding one hydrological year at a time.
26. Regulation of extraction of water from wel ls in water scarcity area. — On declaration of
water scarcity area under section 25, the District Authority may, for the duration of such water scarcity
period, by order, regulate the extraction of groundwater from any well, including the temporary closure
of such well, in that area, within the Area of Influence or within a distance of one kilometer of the
Public Drinking Water Source, whichever is more, in the manner as may be prescribed.
27. Payment of Compensation. — Where an order of temporary closing down is made under
section 26, the District Authority may, in consultation with the concerned department of the State
Government, on making such inquiry and requiring the owner to produce such evidence as it may deem
necessary, make an order of payment of compensation after considering the market value of fruits and
trees of a standing orchard at the time of order, which shall not be less than the market value thereof, in
the manner as may be prescribed.
2013 : Mah. XXVI] The Maharashtra Groundwater 13
(Development and Management) Act, 2009
28. Powers of D istrict Authority to enquire or implement or enforce the decisions of
Watershed Water Resources Committee.— (1) The District Authority shall enforce the decisions of
the Watershed Water Resources Committee. Whenever it is necessary to make an inquiry or to
implement or enforce any decisions under this Act, in connection with the protection of a Public
Drinking Water Source or with the maintenance of a public water-supply system, the District Authority
or any officer duly authorized by it in this behalf, may , after giving prior notice to the owner or
occupier of any land,—
(a) undertake surveys or take levels thereon;
(b) conduct pumping tests and geophysical surveys;
(c) install and maintain water level recorder and water gauges on the well;
(d) enter any property including Government owned, with the right to investigate and make
any measurements concerning the land or the water located on the surface or underground;
(e) inspect the well, which has been or is being sunk with or without the permission of the
Watershed Water Resources Committee and the soils and other materials excavated therefrom
and to take specimens of such soils or other materials or of water extracted from such wells for
testing the quality and contamination;
(f) by order, in writing, require the person sinking a well to keep and preserve, in the
prescribed manner, the specimens of soils or any material 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 District Authority and such person shall comply with such requisition;
(g) inspect and take copies of the relevant records or documents and conduct inquiry for
obtaining any information required for carrying out the purposes of this Act;
(h) o rder the user of groundwater to install at the expenses of District Authority such
measuring device on any groundwater abstraction structures and monitor the quantity pumped;
(i) seize any equipment or device utilised for illegal sinking or construction a nd demolish
the illegal work executed;
(j) direct any user of groundwater who does not comply with the provisions of this Act and
rules framed thereunder to close down the extraction of groundwater, disconnection of its power
supply and seal any hydraulic work found to be illegal according to the provisions of this Act and
the rules framed thereunder;
(k) enter and search with such assistance, if any, as it considers necessary, any place in
which it has reason to believe that the offence under this Act ha s been or is being committed; and
within thirty days thereof, issue the order, in writing to the person who has committed or is
committing the offence, not to extract or use the groundwater for a specified period;
(l) break open the door of any premises w here sinking, extraction and use and pollution of
groundwater may be going on, which is detrimental to sustainable groundwater development,
after informing the person, in case the person refuse to open the door on being called to do so;
(m) do all such ot her things as may be necessary for the prosecution of such inquiry and
examination and implementation as per the provisions of this Act.
(2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall 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.
(3) Where the District Authority seizes any mechanical equipment or device under clause ( i) of
sub-section (1), it shall, as so on as may be, report the same to the Magistrate and take his orders as to
the custody thereof.
14 The Maharashtra Groundwater [2013 : Mah. XXVI
(Development and Management) Act, 2009
CHAPTER V
WATERSHED WATER RESOURCES COMMITTEE, ITS POWERS, FUNCTIONS AND DUTIES
29. Establishment, constitution and incorporation of the Watershed Water Resources
Committee.— (1) The State Authority shall constitute a Watershed Water Resources Committee for
the notified area comprising of area of more than eleven villages in the manner as may be prescribed to
perform the functions and duties assigned to it under this Act.
(2) The Watershed Water Resources Committee shall consist o f the following members,
namely:—
(a) Chairman of the concerned
Panchayat Samiti
ex-officio
Chairperson;
(b) one representative each
from every Panchayat and urban
local bodies within the notified
area who shall be member of
Village Water and Sanitation
Committee or Watershed
Development Technical Committee
or any other person having
knowledge and experience in
water conservation related field
or in land use planning and
water conservation
members;
(c) one representative not below the
rank of Deputy Engineer each from
the Water Supply and Sanitation
Department, the Water Resources
Department, the Agriculture, Animal
Husbandry, Dairy Development
and Fisheries Department,
the Ground Water Surveys and
Development Agency members;
(d) one representative each from
every Water Users’ Association
in the notified area members;
(e) elected members of the concerned
Panchayat Samiti and Zilla Parishad
ex-officio
members;
(f) one representative of
Non-Government Organisation
or Volunteer Organisation working
on water conservation, within
the notified area member-invitee;
(g) representative of concerned
Water User’s Association, if a part
of the command area of an Irrigation
Project is included in the notified area member;
(h) Block Development Officer ex-officio
Member-Secretary.
(3) Atleast one third of the members of the Watershed Water Resources Committee shall be
women.
2013 : Mah. XXVI] The Maharashtra Groundwater 15
(Development and Management) Act, 2009
(4) The term of office of members of the Watershed Water Resources Committee shall be such
as may be prescribed.
(5) Every member shall be paid (not being a member representing the State Government)
traveling and daily allowances for attending meetings of t he Watershed Water Resources Committee
at such rates as may be prescribed.
(6) The Watershed Water Resources Committee shall meet once in each quarter of the year and
as and when required at the time of emergency. The procedure to be followed at the meeti ngs of the
Watershed Water Resources Committee and all matters supplementary or ancillary thereto shall be
such as may be prescribed. Tahsildar shall be a convener of the me tting of the Wate rshed Water
Resources Committee :
Provided that, if there are les s than eleven villages within the notified area, then the State
Authority shall entrust the functions of such Watershed Water Resources Committee to the
concerned Panchayat or urban local body.
30. Groundwater management for existing users of groundwater. — (1) The Watershed
Water Resources Committee shall, with the technical support of the Groundwater Surveys and
Development Agency, prepare a watershed or aquifer based groundwater use plan and the District
Authority shall notify it, in the manner as may be pre scribed.
(2) Based on the rainfall and groundwater level of the hydrological year, the Watershed Water
Resources Committee shall update the watershed or aquifer based groundwater use plan every year
and shall monitor the withdrawal of the groundwater acco rdingly and also safeguard the
sustainability of Public Drinking Water Sources. The Watershed Water Resources Committee shall
recommend to the District Authority, the steps to be taken for regulation of groundwater. It shall
recommend measures to the State Government, Panchayat, Panchayat Samiti, or urban local body to
augment the groundwater resources in the area.
(3) The Watershed Water Resources Committee shall also pursue, with the State Government,
the implementation of the Integrated Watershed Development and Management Plan.
(4) The Watershed Water Resources Committee shall also ascertain the existing users of
groundwater and owners of wells, the implementation of individual measures for artificial recharge
of grouExcerpt shown. Open the full act in Lexace.