LexThe UTTAR PRADESH GROUND WATER (MANAGEMENT AND REGULATION) ACT, 2019
Uttar Pradesh · state statute
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THE UTTAR PRADESH GROUND WATER
(MANAGEMENT AND REGULATION) ACT, 20191
(U.P. Act no. 13 of 2019)
Amended by
U.P. Act no. 07 of 2021
U.P. Act no. 10 of 2026
[Passed by the Uttar Pradesh Legislature and received the
assent of the Governor on August 5, 2019, and was published in
the Uttar Pradesh Gazette Extraordinary, dated August 7, 2019. ]
AN
ACT
to provide for protecting, conserving, controlling and regulating
ground water to ensure its sustainable management in the State, both
quantitatively and qualitatively, especially in stressed rural and urban
areas, and for matters connected therewith or incidental thereto.
WHEREAS uncontrolled and rapid extraction of ground water has
resulted in alarming situation of declining ground water levels and
depletion of ground water reservoirs in many parts of the State, both in
rural and urban areas;
AND, WHEREAS, groundwater, being the single most important
source of water for domestic, agricultural and industrial uses, is the
backbone of drinking water, food and livelihood security in rural and urban
areas;
AND, WHEREAS, a serious groundwater crisis prevails due to
excessive overdraft and groundwater contamination;
AND, WHEREAS, development of ground water is the need of the
State, its management, control and regulation specially in over-exploited
and critical areas is also the need of the hour for protection and
preservation of this precious resource;
AND, WHEREAS,it is also expedient to provide for conservation,
protection and development of ground water resources for the purpose of
proper augmentation/recharge of ground water in stressed areas and to
prevent ground water pollution by maintaining or restoring wholesomeness
of ground water quality thereof in the State;
AND, WHEREAS, the equitable and environmentally sound
regulation of groundwater can contribute to tackling some of the most
important challenges of our times, including climate change;
AND, WHEREAS,water is unitary in nature, requiring the
integration of surface water and groundwater, has integral links to land
and vegetation and has an intricate relationship with rainwater (through
natural recharge);
AND, WHEREAS, groundwater in its natural state is a common pool
resource and the Supreme Court of India has applied the public trust
doctrine to groundwater, in recognition that private property rights in
groundwater are inappropriate given the emerging status, conflicts and
dynamics of groundwater;
AND, WHEREAS, the State Government has, after careful
examination of all related aspects, decided that it is expedient and
necessary in the public interest to manage and regulate the extraction and
use of ground water judiciously in any form and also to conserve and
protect ground water in the stressed areas of the State and that shall be
accorded the highest priority in both planning and management;
1. For SOR see at the end of this Act.
[The Uttar Pradesh Ground Water (Management and Regulation) Act, 2019]
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AND, WHEREAS, a new legal framework (with norms, principles,
procedures and institutions suitable to address contemporary and
imminent challenges) is required to ensure the qualitative and
quantitative sustainability of groundwater resources and equity in
groundwater use;
A ND, WHEREAS, the State Government has, after careful
examination of all related aspects, decided that in the public
interest the first right to use of ground water would be for drinking,
domestic and cattle use.
I T IS HEREBY enacted in the Seventieth Year of the Republic
of India as follows:-
CHAPTER – I
Preliminary
Short title,
extent and
commencement
1. (1) This Act may be called the Uttar Pradesh Ground Water
(Management and Regulation) Act, 2019.
(2) It extends to the whole of the State of Uttar Pradesh.
(3) It shall come into force on such date as the State
Government may, by notification in the Gazette, appoint and different
dates for different areas may be appointed.
(4) Penal provisions made under this Act shall not be applicable
on domestic and agricultural users of ground water.
Definitions 2. (1) In this Act, unless the context otherwise requires,-
(a) 'Appropriate Authorities' means 'Gram Panchayat
Ground Water Sub-Committee'; 'Block Panchayat Ground Water
Management Committee'; 'Municipal Water Management
Committee' and the 'District Ground Water Management
Council';
(b)‘Aquifer’ means an underground layer of geological
formation, group of formations or part of a formation,
comprising fractured rocks, sand, gravel and like sediments,
that is sufficiently porous, permeable and saturated with water
and that transmits/accepts and yields significant quantity of
water to a well or spring;
(c) ‘BhoojalSena’ means group of persons constituted in
every district of Uttar Pradesh for carrying out ground water
awareness programs;
(d) ‘Block Panchayat Ground Water Management
Committee’ means the Block Panchayat Ground Water
Management Committee constituted under section 4;
(e) ‘Bulk User’ means a person or a group of persons
including any establishment such as hotels/lodges/private
residential buildings/housing colonies/resorts/private
hospitals/nursing homes/ business complexes/malls/water
parks, which extract and use ground water for the purpose of
his or her or their operational water needs;
(f) ‘Central Ground Water Board’ means the Central
Ground Water Board, Ministry of Water Resources, River
Development and Ganga Rejuvenation, Government of India;
(g) ‘Commercial user’ means a person or a group of
persons including any institution or any agency or any
establishment who or which extract and use ground water for
the purpose which directly or indirectly benefits his/her or
their business or trade to make financial gain or profit;
[The Uttar Pradesh Ground Water (Management and Regulation) Act, 2019]
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(h) ‘Development Authority’ means a District Development
Authority in the State of Uttar Pradesh;
(i) ‘District Ground Water Management Council’ means the
District Ground Water Management Council constituted under
section 6;
(j) 'Drilling Agency' means an establishment, owned by a person
or a class of persons or an institution, who or which is involved as a part
of trade thereof drilling wells/tube wells for extracting and use of ground
water for any purpose such as domestic/drinking/ commercial/
industrial/bulk/ infra-structure use;
(k) ‘Environmental flows’ refer to the quality, quantity, and
timing of water flows required to maintain the components, functions,
processes, and resilience of aquatic ecosystems that provide goods and
services to people;
(l) ‘Gram Panchayat Ground Water Sub Committee’ means the
Gram Panchayat Ground Water Sub Committee constituted under
section 3;
(m) ‘Ground Water Department’ means the Ground Water
Department of the Government of Uttar Pradesh;
(n) 'Ground Water Quality Sensitive Zone' means such an
area where quality of ground water is affected with high levels/excessive
concentration of chemical elements, physiochemical constituents, heavy
metals and bacteriological contamination, resulted due to geogenic or
anthropogenic causes;
(o) ‘Ground Water Resource Estimation Report’ refers to the
latest approved report, based on the Ground Water Estimation
Committee methodology, prepared by the Ground Water Department,
Uttar Pradesh and Central Ground Water Board for block-wise
assessment of groundwater resources including categorization of blocks
into over-exploited, critical, semi-critical and safe categories;
(p) ‘Ground Water Security Plan’ means a plan to be
progressively based on available hydrogeological informations and shall
include such measures/interventions which are area-specific and
hydrogeologically feasible;
(q) 'Ground Water' means the water occurring in its natural state
below the ground surface in the zone of saturation and that can be
extracted through wells or any other means or emerges as springs and
base flows in streams and rivers;
(r) 'Industry' means any business, trade, undertaking,
manufacture or calling of employers, carried out with a motive to make
any gain or profit, and includes any calling service, employment,
handicraft or industrial occupation or avocation of workman or any
systematic activity carried on by co-operation between an employer and
his workman (whether such workman are employed by such employer
directly or by or through any agency including a contractor) for the
production of goods;
(s) ‘Infrastructural User’ means a person or a group of persons
including a firm or any company, who or which extract and use ground
water for the purpose of carrying out such activities/projects which are
directly related to infrastructural development;
[The Uttar Pradesh Ground Water (Management and Regulation) Act, 2019]
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(t) ‘Municipal Water Management Committee’
means the Municipal Water Management Committee
constituted under section 5;
(u) 'Notified area' means the area notified as such
under section 9 which includes Over-exploited, Critical
blocks and Stressed Urban Areas;
(v) ‘Pani Panchayat’ means a group of persons
constituted at pond level for maintenance and conservation
of ponds;
(w) 'Pollution' means such contamination of ground
water or surface water or such alteration of the physical,
chemical or biological properties of water or such
discharge of any sewage, Plastic, Thermocol or trade
effluent or of any other liquid, gaseous or solid substance
into ground water (whether directly or indirectly) as may,
or is likely to, create a nuisance or render such ground
water harmful or injurious to public health or safety, or to
domestic, commercial, industrial, agricultural or other
legitimate uses, or to the life and health of animals or
plants or of aquatic organisms;
(x) ‘Rainwater harvesting’ means the technique or
system of collection and storage of rainwater, at micro
watershed scale, including roof-top harvesting, for storage
or for recharge of groundwater;
(y) ‘Rural Areas’ means those areas which are not
classified as Urban Areas;
(z) ‘State Ground Water Management and
Regulatory Authority’ means the Uttar Pradesh State
Ground Water Management and Regulatory Authority
established under section 7;
(aa) 'Urban Areas' means the areas notified by a
development authority or a municipality or a regulatory
body as the case may be, excluding such areas/lands as
are classified for agriculture use in the master plan of a
development authority or a municipality or a regulated
area;
(ab) 'User of ground water' means a person or a class
of persons or an institution who or which own or use or sell
ground water for any purpose including domestic use made
either on personal or community basis and includes an
industry, a commercial user, a bulk user, a company or an
establishment whether government or not but does not
include a person or a class of persons or an institution who
or which use ground water drawn from well by manual or
animal devices such as hand pump, rope and bucket,
Persian wheel etc.;
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(ac) ‘Water and Sanitation Committee’ means a
committee constituted in each gram panchayat for planning,
monitoring, implementation and maintenance of water and
sanitation schemes;
(ad) 'Water User Association’ means an organization of
elected people constituted at canal outlet level for managing
and maintaining irrigation water system;
(ae) 'Well' means a structure sunk for the search or
extraction or recharge of groundwater and shall include open
well, dug well, bore well, dug-cum bore well, tube well,
infiltration gallery, recharge well or any of their combination or
variation, which, could be utilized for extraction of ground
water, recharge ground water.
(2) Words and expressions used but not defined herein and
defined in any law for the time being in force shall have the same
meaning respectively assigned to them in the respective laws.
CHAPTER – II
Institutional Framework
Gram Panchayat
Ground Water
Sub-Committee
3. (1) There shall be constituted a Gram Panchayat Ground
Water Sub-Committee in every Gram Panchayat, which shall be the
lowest public unit in rural areas within a block to protect and manage
groundwater resources under this Act.
(2) The State Government shall, by notification in the Gazette,
within three months of the constitution of District Ground Water
Management Council, issue direction to the District Ground Water
Management Council for constituting the Gram Panchayat Ground
Water Sub-Committee, which shall consist of,-
(a) the Chairperson - Gram Pradhan;
(b) the Member Secretary - Gram Panchayat Secretary;
(c) three Members as representative of Gram Panchayat,
having field knowledge of water resources to be nominated by
the Block Development Officer;
(d) two Members of BhoojalSena/PaniPanchayat/Water
User Association/Water and Sanitation Committee to be
nominated by the Block Development Officer;
(e) two Members as representative from concerned
departments working at Block Level to be nominated by the
Block Development Officer.
(3) The terms and conditions of the service of the Members
shall be such as may be prescribed.
(4) The functions of the Gram Panchayat Ground Water Sub-
Committee shall be,-
(a) to collect information from all sources;
(b) to prepare the Gram Panchayat Ground Water Security
Plan as provided under section 13;
(c) to carry out such other functions, as may be prescribed.
[The Uttar Pradesh Ground Water (Management and Regulation) Act, 2019]
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Block Panchayat
Ground Water
Management
Committee
4. (1) There shall be constituted a Block Panchayat Ground
Water Management Committee, which shall be a public unit at block
level for overall management of ground water;
(2) The State Government shall, by notification in the Gazette,
within three months of the constitution of District Ground Water
Management Council, issue direction to the District Ground Water
Management Council for constituting the Block Panchayat Ground Water
Management Committee, which shall consist of,-
(a) the Chairperson - Block Pramukh;
(b) the Member Secretary - Block Development Officer (BDO);
(c) three Members as representative of Gram Panchayat,
having field knowledge of water resources to be nominated by the
District Magistrate;
(d) two Members of BhoojalSena/PaniPanchayat/Water User
Association/Water and Sanitation Committee, to be nominated by
the District Magistrate;
(e) two Members as representative from concerned
departments working at Block Level to be nominated by the
District Magistrate.
(3) The terms and conditions of the service of the Members shall
be such as may be prescribed.
(4) The functions of the Block Panchayat Ground Water
Management Committee shall be,-
(a) to prepare an overall Block Level Ground Water Security
Plan by consolidating Gram Panchayat Ground Water Security
Plans, each prepared in cluster of at least ten number gram
panchayats, according to the guidelines as may be
formulated/prescribed;
(b) to monitor the implementation of Block Panchayat
Ground Water Security Plan;
(c) to register all the wells within the notified and non-
notified areas other than those of existing commercial, industrial,
infrastructural and bulk users as per the provisions of sub-
section (2) of section 10 and sub-section (2) of section 11within
the territorial jurisdiction of respective block;
(d) to carry out such other functions, as may be prescribed.
Municipal Water
Management
Committee
5. (1)There shall be constituted a Municipal Water Management
Committee, which shall be the lowest public unit for managing water in
urban areas in an integrated manner.
(2) The State Government shall, by notification in the Gazette,
within three months of the constitution of District Ground Water
Management Council, issue direction to the District Ground Water
Management Council for constituting the Municipal Water Management
Committee, which shall consist of,-
1[(a) the Chairperson-Nagar Pramukh/Chairperson, Nagar
Palika Parishad/Chairperson, Nagar panchayat, Chief Executive
Officer, NOIDA Development Authority/Chief Executive Officer,
Greater Noida Development Authority/Chief Executive Officer,
Yamuna Expressway Authority, as the case may be;
(b) the Member Secretary-Nagar Ayukt, Nagar
Nigam/Executive Officer, Nagar Palika Parishad/Executive Officer,
Nagar Panchayat/Additional Chief Executive Officer, NOIDA
Development Authority/Additional Chief Executive Officer, Greater
Noida Development Authority/Chief Executive Officer, Yamuna
Expressway Authority, as the case may be;]
(c) two Members as representative of Public, having field
knowledge of water resources to be nominated by the District
Magistrate;
1. Subs. by sec. 2 of U.P. Act No. 7 of 2021.
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(d) two Members of Resident Welfare Association/Social
Group to be nominated by the District Magistrate;
(e) three Members as representative from concerned
departments (including one from Ground Water Department) to
be nominated by the District Magistrate.
(3) The terms and conditions of the service of the Members
shall be such as may be prescribed.
(4) The functions of the Municipal Water Management
Committee shall be,-
(a) to work in co-ordination with water related institutions
within the respective municipality;
(b) to determine the sources of water supply (surface water
and ground water) and integrate them;
(c) to prepare an overall Municipal Ground Water Security
Plans provided under section 13;
(d) to register all the wells within the notified and non-
notified areas other than those of existing commercial,
industrial, infrastructural and bulk users as per the provisions
of sub-section (2) of section 10 and sub-section (2) of section
11,within the territorial jurisdiction of respective municipality;
(e) to monitor the implementation of Municipal Ground
Water Security Plan;
(f) to carry out such other functions, as may be
prescribed.
District Ground
Water
Management
Council
6. (1) There shall be constituted a District Ground Water
Management Council, which shall be an overall unit for management
of ground water resources at district level.
(2) The State Government shall, by notification in the Gazette,
within three months of the constitution of State Ground Water
Management and Regulatory Authority, issue direction to the State
Ground Water Management and Regulatory Authority for constituting
the District Ground Water Management Council, which shall
consist of,-
(a) the Chairperson - District Magistrate;
(b) 1[the Member Secretary - Chief Development Officer];
(c) one Member as subject Expert having longstanding
working experience in the field of ground water management in
the State, to be nominated by the District Magistrate;
(d) one Member from the public/Non-Government
Organization/social sector having experience in the field of
ground water to be nominated by the District Magistrate;
(e) other Members shall be the district level
representatives (one each) from Ground Water Department,
Uttar Pradesh Pollution Control Board, Agriculture
Department, Minor Irrigation Department, Uttar Pradesh
Jal Nigam, Local Body, Development Authority, Irrigation and
Water Resources Department, Industries Department,
Horticulture Department and Forest and Wildlife Deparment;
1. Subs. by sec. 3 of U.P. Act No. 7 of 2021.
[The Uttar Pradesh Ground Water (Management and Regulation) Act, 2019]
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(f) one representative (as invitee) each from the respective Block
Panchayat Ground Water Management Committee and Municipal
Ground Water Management Committee.
(3) The terms and conditions of the service of the Members shall
be such as may be prescribed.
(4) The functions of the District Ground Water Management
Council shall be,-
(a) to consolidate Block Panchayat and Municipal Ground
Water Security Plan into District level Ground Water Security
Plan, based on macro-watershed approach and as per the
guidelines as may be prescribed;
(b) implementation of District Ground Water Security Plan;
(c) to monitor the implementation of District Ground Water
Security Plan;
(d) to conduct water awareness programmes;
(e) to register all existing commercial, industrial, infra-
structural and bulk users in notified and non-notified areas
and grant of authorization certificate/ no-objection certificate
for ground water abstraction in non-notified areas and
registration of drilling agencies;
(f) to carry out such other functions, as may be prescribed
or assigned by the Uttar Pradesh State Ground Water
Management and Regulatory Authority;
(g) to co-ordinate with Gram Panchayat Ground Water
Sub-Committees, Block Panchayat Ground Water Management
Committees and Municipal Water Management Committees as
well as with the State Ground Water Management and
Regulatory Authority.
State Ground
Water
Management
and Regulatory
Authority
7. (1) The State Government shall, by notification in the
Gazette, establish, with effect from such date as may be specified in
the notification, an State Authority to be known as the Uttar Pradesh
State Ground Water Management and Regulatory Authority.
(2) The State Ground Water Management and Regulatory
Authority shall consist of-
1 The Chief Secretary, Government of Uttar Pradesh Chair-
person
2 The Additional Chief Secretary/Principal Secretary,
Minor Irrigation and Ground Water Department,
Government of Uttar Pradesh
Member
3 The Additional Chief Secretary/Principal Secretary,
Finance Department, Government of Uttar Pradesh
Member
4 The Engineer-in-Chief, Irrigation and Water Resources
Department, Uttar Pradesh
Member
5 The Director, Agriculture Department, Uttar Pradesh Member
6 The Director, Horticulture Department, Uttar Pradesh Member
7 The Member Secretary, Uttar Pradesh Pollution
Control Board
Member
[The Uttar Pradesh Ground Water (Management and Regulation) Act, 2019]
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8 The Chief Town and Country Planner,
AwasevamShahriNiyojanVibhag, Uttar Pradesh
Member
9 The Director, AwasBandhu, Uttar Pradesh Member
10 The Director, Local Bodies, Uttar Pradesh Member
11 The Managing Director, Uttar Pradesh Jal Nigam Member
12 The Chief Engineer, Minor Irrigation Department,
Uttar Pradesh Member
13 The Director, Industries Department, Uttar Pradesh Member
14. The Regional Director, Central Ground Water Board
(NR) Member
15. The Principal Chief Conservator of Forest, Forest
Department, Uttar Pradesh Member
16. Three Subject Experts (to be nominated by the State
Government), having long standing working experience
of ground water management in the State of Uttar
Pradesh.
Member
17. An eminent person from Public/Non-Government
Organization/Social Sector working in the field of
ground water
Member
18. One representative (as invitee) each from the
respective Block Panchayat Ground Water
Management Committee, Municipal Ground Water
Management Committee and District Ground Water
Management Council
Member
(3) The Director, Ground Water Department, Uttar Pradesh shall
be the Member Secretary of the State Ground Water Management and
Regulatory Authority.
(4) The term of office and the manner of filling the vacancies and
other conditions of service of the Chairperson and other members shall
be such as may be prescribed.
(5) The Chairperson shall be the principal executive officer of the
State Ground Water Management and Regulatory Authority and the
office of the Director, Ground Water Department shall work as the
secretariat of the State Ground Water Management and Regulatory
Authority.
(6) The functions of the State Ground Water Management and
Regulatory Authority shall be,-
(a) to notify the areas for management and regulation of
ground water resources as provided under section 9;
(b) to de-notify the areas for management and regulation of
ground water resources as provided under section 12;
(c) to fix ground water abstraction limits as provided under
section 15;
(d) to take ground water pollution control measures as
provided under section 28.
(7) Staff of the State Ground Water Management and
Regulatory Authority,–
(a) in order to enable the State Ground Water Management
and Regulatory Authority to perform its functions properly or
exercise the powers under this Act, the State Government may
appoint such number of technical personnel and other staff as it
may consider necessary including all of institutional support,
facilities and the budget;
[The Uttar Pradesh Ground Water (Management and Regulation) Act, 2019]
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(b) the functions, terms and conditions of service of such
employees shall be such as may be prescribed;
(c) the State Ground Water Management and Regulatory
Authority shall function under the overall control and supervision
of the State Government.
(8) Support for other Appropriate Bodies:–
Provisions shall also be made for the staff and office including all
institutional support and working facilities, budgetary requirements for
the Gram Panchayat Sub-Committee/Block Panchayat/Municipal
Committee and the District Council for smooth and proper functioning.
CHAPTER – III
Duties And Responsibilities
Duties of
Ground Water
Department
8. (1) The Ground Water Department shall develop a
mechanism to co-ordinate with the appropriate body such as
Municipal Ground Water Management Committee in case of urban
areas and Block Panchayat Ground Water Management Committee for
rural areas through the District Ground Water Management Council.
(2) The department shall work as Technical Secretariat for the
State Ground Water Management and Regulatory Authority.
(3)Identification of areas for the purpose of regulating
ground water:The Ground Water Department in consultation with
State Ground Water Management and Regulatory Authority shall
identify and delineate the areas, such as over-exploited and critical
blocks categorized as per latest Ground Water Resource Estimation
carried out by the Ground Water Department and Central Ground
Water Board and the stressed Municipal/Urban areas (where
significant decline of ground water levels, i.e., more than 20cm/year
recorded during the last five years), for taking up appropriate
measures for overall management and regulation of ground water in
such areas, which are to be designated as Notified Areas for the
purpose of the regulation through notification.
(4) Ground Water Information/Data: All the available ground
water information/data regarding Over-exploited/Critical blocks and
Stressed Urban areas shall be provided to the District Ground Water
Management Councils as well as other Appropriate Authorities by the
Divisional Data Centres of respective Field Divisions of Ground Water
Department. Such information shall also be made available on-line
through the website of the Ground Water Department.
CHAPTER-IV
Powers and Functions
Powers to
notify areas for
management
and regulation
of ground water
resources
9. (1) Where the State Ground Water Management and
Regulatory Authority, after consultation with appropriate authorities
(based on inputs from the Ground Water Department) is of the opinion
that it is necessary or expedient in the public interest to manage and
regulate ground water for various purposes in any form in any area
[The Uttar Pradesh Ground Water (Management and Regulation) Act, 2019]
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and toenforce rain water harvesting/ground water recharge and to
implement various appropriate water conservation/water saving/water
efficient practices inover-exploited/critical blocks and stressed urban
areas (as identified and delineated by the Ground Water Department)
where ground water levels have depleted to critical or alarming levels, it
shall advise the State Government in such manner as may be prescribed
to declare by notification such areas as Notified Areas for the purposes of
this Act with effect from such date as may be specified in the
notification:
Provided that,-
(a) the date specified in the notification under this sub-
section shall not be earlier than three months from the date of
publication of the notification :
(b) every notification in Hindi as well as in English languages
under this section shall, in addition to its publication in the
Gazette, be published in not less than three daily regional
newspapers having wide circulation in that region and also be
served in such other manner as may be prescribed.
(2) The Procedure for Demarcation and issuance of notification of
the areas referred in sub-section (1) shall be such as may be prescribed.
(3) The notification issued under sub-section(1) shall be reviewed
periodically as per the new Ground Water Assessment Report and
according to the findings of the report, shall be in such manner as may
be prescribed.
Registration
of Users in
Notified Areas
10. (1) Registration of existing commercial, industrial,
infrastructural and bulk users of Ground Water: Every existing well
for commercial, industrial, infrastructural and bulk user located in
Notified Areas (both urban and rural areas) shall apply to the respective
District Ground Water Management Council for grant of a certificate of
registration.The procedure, time limit, forms, fee etc. and other
provisions for the grant of registration certificate shall be such as may
be prescribed:
Provided that-,
(a) where any existing Commercial user or Bulk user is
found extracting ground water without registration, he or she or
a group of persons or an agency (as the case may be) shall be
liable to be punished under Chapter-VIII;
(b) where a registered well becomes defunct, the fact shall
immediately be brought to the notice of the respective District
Ground Water Management Council by the user of ground water;
(c) where any such user of ground water, having certificate of
registration wants to carry-out any modification or alteration in a
registered well, he or she or a group of persons or an agency (as
the case may be) shall obtain clearance for the same from the
State Ground Water Management and Regulatory Authority in
such manner as may be prescribed.
[The Uttar Pradesh Ground Water (Management and Regulation) Act, 2019]
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(2) Every existing and future users of ground water,other than
those mentioned in sub-section (1), including domestic and agriculture
users of ground water shall register online or directly to the respective
Block Panchayat Ground Water Management Committee/Municipal
Water Management Committee for ground water usages. The web-portal
for online intimation shall be informed by the said committee.
Registration
of Existing
Commercial,
Industrial,
Infrastructural
and BulkUsers
of Ground
Water in Non-
notified Areas
11. (1)Every well (existing or to be sinked) for commercial,
industrial, infrastructural and bulk use of ground water in non-notified
areas shall apply to the respective District Ground Water Management
Council for grant of a certificate of registration. The procedure, time
limit, forms, fee etc. and other provisions for the grant of registration
certificate shall be such as may be prescribed :
Provided that-
(a) if any Commercial, Industrial, Infrastructural or Bulk
user of ground water is found extracting ground water without
registration, he or she or a group of persons or an agency (as the
case may be) shall be liable to be punished under Chapter-VIII;
(b) if a registered well becomes defunct, this fact shall
immediately be brought to the notice of the respective District
Ground Water Management Council by the user of ground
water;
(c) if any such user of ground water, having certificate of
registration wants to carry-out any modification or alteration in
a registered well, he or she or a group of persons or an agency
(as the case may be) shall have to obtain clearance for the same
from the respective District Ground Water Management Council
in such manner as may be prescribed.
(2) Every existing and future user of ground water, other than
those mentioned in sub-section (1), including a domestic or an
agriculture user of ground water shall register online or directly to the
respective Block Panchayat Ground Water Management
Committee/Municipal Water Management Committee for ground water
usages. The web-portal for online intimation shall be informed by the
said committee.
Ban on new well
construction in
Notified Areas
12. (1) No person or group of persons or institution or agency or
establishment shall construct/sink any new well for Commercial,
Industrial, Infrastructural and Bulk use including construction of
borings/tube-wells under Government Schemes within the Notified
areas, except Government schemes for drinking water supplies and
tree plantations. If anyone contravenes the provisions of this sub-
section, he or she will be liable for punishment under Chapter-VIII.
Such ban shall continue till the area is de-notified by the State
Government on advice of Uttar Pradesh State Ground Water
Management and Regulatory Authority on the basis of new Ground
Water Resource Estimation Report or significant improvement in
declining trend of urban ground water levels after seeking approval
from the State Government.
(2) Extraction, sale and supply of raw/unprocessed/untreated
ground water in Notified Areas by a person or class of persons or
institution or agencies or any other establishment for the purpose of
commercial/bulk uses will not be allowed and such an act will be
punishable under Chapter-VIII.
[The Uttar Pradesh Ground Water (Management and Regulation) Act, 2019]
26
Preparation and
implementation
of Ground Water
Security Plans in
Notified Areas
13. For ensuring and achieving sustainability of ground water
resources in the Notified areas, Ground Water Security Plans shall
be prepared for systematic implementation in such manner as may
be prescribed.
Grant of
Authorization for
Ground Water
abstraction in
Non-notified
Areas
14. Any person or class of persons or institution or agency or
establishment desiring to sink a well for the purpose of abstraction
of ground water for commercial, industrial, infrastructural or bulk
use in the non-notified area shall apply to the respective District
Ground Water Management Council for No-Objection Certificate for
this purpose. The procedure, time limit, forms, application, fee etc.
and various provisions, terms and conditions for the No-objection
certificate shall be such as may be prescribed:
Provided that the pre existing user of ground water shall apply
for the issue of authorization certificate therefore under this section
within a period of ninety days from the date of commencement of this
Act :
Provided further that-
(a) the terms and conditions shall include but are not restricted
to,-
i-the maximum quantity of water that shall be allowed for
extraction;
ii-precautions to prevent any contamination of ground water by
mandating existing pollution control standards and measures;
iii-details of conservation measures, including rainwater
harvesting, to be taken;
iv-groundwater recharging measures as per the hydrogeological
feasibility;
v-recycling of a prescribed proportion of the extracted groundwater
for the use;
vi-treating wastewater to bring it to prescribed standards before it
is discharged;
vii-adopting and practising the most efficient water use practices
and technology;
(b) the authorisation/No-objection granted for a specified
purpose shall not be used for any purpose other than that for which it
has been granted;
(c) the holder of authorization certificate/No-objection certificate
shall be prohibited from selling, by whatever name or form, ground
water extracted under the authorisation to someone else for
commercial use and/or gain;
(d) such new users after getting authorization/No-objection
certificate for abstraction and use of ground water for desired purpose
shall ensure that they shall have to obtain certificate of registration
from the respective District Ground Water Management Council after
the construction of the well is completed in such manner as may be
prescribed;
[The Uttar Pradesh Ground Water (Management and Regulation) Act, 2019]
28
(e) (i) District Ground Water Management Council may cancel the
authorization/No-objection certificate in case of non-compliance of the
terms and conditions of the authorization/No-objection certificate:
Provided that the District Ground Water Management Council
concerned shall give the holder of authorization certificate/No-objection
certificate an opportunity of being heard before cancelling such
certificate;
(ii) Authorization certificate/ No-objection certificate issued under
this section shall be in alienable. However, such certificate, granted to
an individual, shall be inherited by his or her legal heirs and shall
continue to be valid for the remaining period as long as the legal heirs
continue the activities done by the deceased holder of such certificate.
However, on transfer of the property for the benefit for which such
certificate was granted, the authorization certificate/ No-objection
certificate shall continue to be valid so long as the nature of the activity
continues unaltered by the new owner;
(iii) The authorization certificate/ No-objection certificate shall be
valid for such period as fixed in the certificate;
(iv) Where the validity of the authorization certificate/ No-objection
certificate has expired, the holder of such certificate shall apply afresh
for continuation thereof.
Fixing of limit
for abstraction
of Ground
Water for
Commercial,
Industrial,
Infrastructural
or Bulk users
of ground
water
15. (1) The State Ground Water Management and Regulatory
Authority in consultation with the Ground Water Department
(depending upon the hydrogeological conditions and resource potential
of the area concerned) shall fix the ground water abstraction limit for
the existing Commercial, Industrial, Infrastructural or Bulk users of
ground water while issuing registration for well in Notified as well as
Non-notified areas and for all the new Commercial, Industrial,
Infrastructural or Bulk users of ground water in Non-notified areas,
while issuing registration or authorization certificate/ No-objection
certificate for well, in such terms and conditions as may be prescribed.
(2) No person can withdraw ground water in contravention of the
limit fixed under sub section (1).
Fee on
Ground Water
extraction/
withdrawl
16. (1) No commercial, industrial, infrastructural or bulk user
of ground water herein after in this section refer to as the said user,
shall extract ground water in both the notified and non-notified areas
without payment of fee to be charged annually on the basis of quantity
of ground water drawl. The fee shall be deposited in such manner as
may be prescribed.
(2) The fee referred to in sub section (1) shall be in addition to
water cess charged under the Water (Prevention and Control of
Pollution) Cess Act, 1977.
(3) For the purpose of measuring and recording the quantity of
ground water extracted, every said user shall affix meters of such
standards and at such places as may be prescribed and it shall be
presumed that the quantity recorded by the meter has been extracted
by the said user, until the contrary is proved. An annual ground water
audit shall be conducted to check the actual extracted water against
quantity of ground water allowed/authorized for extraction.
[The Uttar Pradesh Ground Water (Management and Regulation) Act, 2019]
30
Registration of
drilling agencies 17. (1) No person including firm, agency or company shall
perform or engage in drilling the ground for extraction of ground
water without registration with District Ground Water Management
Council concerned.
(2) Every person,firm, agency or company already engaged in
drilling of ground for extraction of ground water shall apply for the
registration with the District Ground Water Management Council
within such period as may be required by the said Council.
Powers of the
Authority in
Notified and
Non-notified
areas for any
user of Ground
Water
18. The power of every Appropriate Authority for any ground
water user and drilling agencies in notified and non-notified areas
shall be such as may be prescribed.
Service of
orders, etc. 19. Every order or direction issued under section 14 shall be
served in such manner as may be prescribed.
Bar to claim
compensation 20. No person shall be entitled to claim any damages or
compensation from the State Government or any appropriate
authority for any loss sustained by him by virtue of any action taken
under this Act.
Delegation of
powers and
duties
21. The State Ground Water Management and Regulatory
Authority may, by general or special order in writing, direct that all
or any of the powers or duties which may be exercised or discharged
by it shall, in such circumstances and under such conditions, if any,
as may be specified in its order be exercised or discharged also by
any person, appropriate body, specified in this behalf in the order
issued after approval of State Government.
Employees
of the Authority
to be Public
Servants
22. All employees of the State Ground Water Management
and Regulatory Authority shall when acting or purporting to act in
pursuance of the provisions of this Act or the rules made there
under be deemed to be public servants within the meaning of section
21 of the Indian Penal Code.
Protection
against
action taken in
good faith
23. No prosecution, suit or other legal proceeding shall be
instituted against the State Government, any Appropriate Authority,
any other officer of the Government or any member or other
employees of any Appropriate Authority for anything done or
intended to be done in good faith under this Act, or the rules made
there under.
CHAPTER-V
PREVENTION OF GROUND WATER POLLUTION
Demarcation and
protection of
Ground Water
quality sensitive
zones
24. (1) The Ground Water Department shall identify and
demarcate (vertically and laterally),in consultation with the State
Ground Water Management and Regulatory Authority, District
Ground Water Management Councils and the expert bodies such as
Central Ground Water Board, Uttar Pradesh Jal Nigam and Uttar
Pradesh Pollution Control Board such areas which are found
affected with ground water quality and pollution hazards for the
purpose of prevention and control of ground water pollution in such
areas and also to find safe quality zones for potable water supplies.
(2) Such areas, as are demarcated in sub-section (1), shall be
declared as Ground Water Quality Sensitive Zones by notification by
the State Government in Ground Water Department every two years
for the purpose of prevention and protection of ground water
pollution.
[The Uttar Pradesh Ground Water (Management and Regulation) Act, 2019]
32
Collection of
information
related to
Ground Water
pollution/
contamination
25. The Gram Panchayat Ground Water Sub-Committees, Block
Panchayat Ground Water Management Committees and Municipal
Ground Water Management Committees shall be responsible for
collecting information related to ground water pollution including
sources of pollution. Such information shall be compiled and
consolidated at the level of respective District Ground Water
Management Councils for onward submission to State Ground Water
Management and Regulatory Authority for appropriate action.
Ground Water
Pollution
control
measures
26. (1) The State Ground Water Management and Regulatory
Authority shall ensure that no commercial, industrial, infrastructural
and bulk user pollute ground water. It shall ensure through respective
District Ground Water Management Council to make installation of
treatment plant mandatory wherever necessary in such manner as may
be prescribed.
(2) Where such user of ground water referred to in sub-section-
(1) fails to set up treatment plant within the prescribed period, the
State Ground Water Management and Regulatory Authority shall have
the right to get the necessary treatment plant constructed at such
user’s cost and proceed against such user under the provisions of sub-
section Excerpt shown. Open the full act in Lexace.